[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29568]
[[Page Unknown]]
[Federal Register: December 6, 1994]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 761
Disposal of Polychlorinated Biphenyls;
Manufacturing, Processing, and Distribution in Commerce; Proposed
Decision on Exemption Petitions; Proposed Rules
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[OPPTS-66009A; FRL-4167-1]
RIN 2070-AC01
Disposal of Polychlorinated Biphenyls
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
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SUMMARY: EPA is proposing amendments to its rules under the Toxic
Substances Control Act (TSCA) for polychlorinated biphenyls (PCBs).
Changes are being proposed for the requirements for determining PCB
concentration; marking, storage, and disposal; decontamination levels
and procedures; and the reporting and recordkeeping requirements for
PCBs, PCB Items, environmental media (e.g., soil, sediments, rivers,
and lakes) contaminated with PCBs or PCBs in association with
radioactive materials. In addition, EPA proposes to insert additional
definitions and references, include new authorizations and exemptions,
require the registration of certain electrical transformers, regulate
combustion in industrial furnaces, regulate the disposal of liquids in
landfills, coordinate PCB disposal approvals with other Federal and
State programs, and revise the reportable quantity in the spill cleanup
policy. EPA is also proposing to coordinate strategies for the
remediation of PCB spills and other disposal sites, including cleanup
under the Resource Conservation and Recovery Act (RCRA) Corrective
Action provisions and the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA or Superfund) remedial programs.
DATES: Written comments must be received by April 6, 1995. Any comment
received after the close of the comment period will be considered
``late'' and may not receive full consideration. EPA intends to conduct
one or more informal public hearings in the Washington, DC area on the
different parts of the proposal which will take place after closure of
the comment period. The exact time and location of the informal public
hearings will be announced in a separate Federal Register Notice and
may also be obtained by telephoning the Environmental Assistance
Division at the telephone number listed under FOR FURTHER INFORMATION
CONTACT. Written requests to make a short (less than 15 minutes)
presentation at the informal public hearing must be received by the
Environmental Assistance Division not later than 21 days prior to the
scheduled dates of the informal public hearings. Please refer to the
Federal Register Notice announcing the informal public hearings for
more details.
ADDRESSES: Three copies of comments identified with the document
control number (OPPTS-66009A; FRL-4167-1) must be submitted to: TSCA
Nonconfidential Information Center, ATTN: TSCA Docket Receipts (7407),
Office of Pollution Prevention and Toxics, Rm. B-607 Northeast Mall,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
A public record has been established and is available in the TSCA
Public Docket Office at the above address from 12 noon to 4 p.m.,
Monday through Friday, except legal holidays.
Please submit comments separately on the RCRA portion of today's
proposed rules. EPA is requesting comment on the proposed rule only to
the extent that it would amend or change existing regulations. EPA is
not soliciting comment on provisions of existing regulations that would
not be changed by this proposal. Unit V of this preamble explains how
commenters may make claims of business confidentiality for information
included in comments.
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.
For general information relating to the RCRA Corrective Action and
CERCLA Remedial Programs which are discussed at Unit II.A.7. of this
document, contact the RCRA/Superfund Hotline at (800) 424-9346 or (703)
412-9810. For technical information relating to Unit II.A.4. of this
document, contact Lisa Askari, Corrective Action Programs Branch,
Office of Solid Waste (5303W), at the address listed above or by
telephone at (703) 308-8654.
SUPPLEMENTARY INFORMATION:
I. Background
A. Purpose of this Proposed Rule
On June 10, 1991 (56 FR 26738), EPA published an Advance Notice of
Proposed Rulemaking (ANPRM) 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. Comments and supporting
data on the issues outlined in the ANPRM, a number of other topics
pertaining to the PCB regulations, and the interface between those
regulations and other Federal and State programs affecting PCBs were
received from more than 90 respondents. EPA has considered all of the
comments. Based on these comments, EPA is including in this proposal
changes in a number of areas of the PCB regulations that were not
addressed in the ANPRM.
Several commenters submitted information concerning the toxicity of
PCBs and the methods used by EPA to determine exposure to PCBs. EPA is
currently conducting a review of the toxicity and mechanisms of action
associated with PCBs and several structurally related chemicals. This
review may not be complete until after the promulgation of these
amendments. Since EPA cannot predict the outcome of the toxicity review
and does not want to delay the promulgation of these rules, it is
proposing flexibility in certain disposal regulations to allow for
changes in EPA's position on PCB toxicity. In a similar fashion, EPA is
proposing flexibility in certain disposal regulations to allow site-
specific exposure data and changes in EPA's risk assessment methods to
serve as the basis for making a determination regarding the selection
of acceptable disposal technologies for certain PCB wastes.
B. Reproposal of Dry Weight Measurement
On April 6, 1990, EPA issued a proposed rule in the Federal
Register (``Polychlorinated Biphenyls; Wet Weight/Dry Weight
Clarification, 55 FR 12866) to amend a portion of the PCB regulations
codified at 40 CFR 761.1(b) that addresses the analysis of PCBs on a
dry weight basis. The comment period for the April 6, 1990 proposal
ended on May 7, 1990. Comments on that proposal were received from 16
respondents. In today's Federal Register, EPA is issuing a reproposal
of the wet weight/dry weight rule. All comments received on the April
6, 1990 proposal were considered in the preparation of this proposed
rule, and those comments are included in the rulemaking record for this
proposed rulemaking. The comments received for the April 6, 1990
proposal and any comments received on this proposed rule will be
considered in the final rule. Today's reproposal would clarify the
requirements for determining PCB concentrations in liquids, non-
liquids, and multiphasic combinations of liquids and non-liquids (see
unit III. M. of this preamble).
C. Waste Minimization and Combustion Strategy
On May 18, 1993, EPA announced a draft strategy to address waste
minimization and combustion of hazardous waste under RCRA. The strategy
is designed to stimulate a broad national dialogue on how:
(1) To better integrate waste minimization into EPA's hazardous
waste management program.
(2) To determine the appropriate role of combustion in that
program.
(3) To ensure that hazardous waste combustion standards are fully
protective of human health and the environment. The draft strategy sets
forth a series of short- and long-term activities that EPA would
undertake in pursuing these three areas, among which are rulemakings to
address technical standards for hazardous waste combustion and public
participation in the RCRA permitting process. The draft strategy also
sets forth EPA's intention to use RCRA's case-by-case omnibus
permitting authority where necessary to protect health and the
environment, and to impose upgraded permit conditions in newly issued
permits. In addition to other potential areas, these permit conditions
may address emissions of dioxins, furans, and particulate matter.
Finally, the draft strategy announced EPA's intentions over the
succeeding 18 months to give permitting priority to existing, operating
RCRA combustion units.
The PCB program under TSCA is different from RCRA in several
aspects. The manufacture of PCBs is generally banned, and the use of
PCBs is heavily restricted. Therefore, any disposal issues are limited
to a finite, although widely dispersed, universe. The PCB program
mandates the burning of certain high-risk wastes. It also allows
wastes, such as low concentration liquids and drained transformer
carcasses, with a lower potential risk of exposure, to be disposed of
in other types of combustion units (e.g., industrial boilers) to
provide disposal capacity.
EPA proposes to make the following adjustments in the PCB disposal
program under TSCA in response to issues raised in the combustion
strategy. For fixed-site incinerators, approval conditions (for new
units or at the time of renewal) would be adjusted to reflect new
standards and procedural requirements adopted under RCRA. For mobile
incinerators, approval conditions (for new units or at the time of
renewal) would be adjusted to reflect new standards and procedural
requirements adopted under RCRA where applicable. Unique to the PCB
disposal program under TSCA is the concept of mobile incinerators. A
single multi-year approval, that imposes the same technical standards
applicable to fixed-site incinerators, is issued to these units. State
and local governments receive prior notification and can impose
additional restrictions on the mobile units using their own
authorities. The TSCA approval generally limits the operating time at
any one site unless additional assessment of risk and public notice are
conducted. However, EPA has not adopted site-specific risk assessments
and public participation in the permit development process for mobile
incinerators because EPA and the public would lose the considerable
benefits derived from mobile disposal units considering these units
allow only minimal exposure due to their high destruction efficiency
and limited operating time at each site.
The current industrial boiler rules at 40 CFR 761.60(a)(2)(iii) and
761.60(a)(3)(iii) and industrial furnace rules, proposed at
Sec. 761.60(a)(4), limit both the concentration and volume of PCBs
which can be treated in these units. Industrial boilers and furnaces
are units that were built to perform other functions such as power
generation or materials recycling, with the combustion of PCBs and
hazardous wastes as a secondary function. The primary function poses a
separate risk which should be considered when addressing the overall
risk posed by the combustion of low concentration, low volume PCBs in
industrial boilers and furnaces. Therefore, EPA proposes to impose
uniform technology-based standards, instead of site-specific permit
conditions, on industrial boilers and furnaces due to the low risk
posed from the combustion of low concentration, low volume PCBs and
because these units are constructed and operated for other purposes.
EPA specifically requests comment on how best to implement the
combustion strategy given the controls already imposed, or proposed in
this rulemaking on the quantities and concentrations of PCBs which can
be disposed of in industrial boilers and furnaces.
EPA believes that the regulations that currently apply to PCBs,
along with those proposed, are sufficient under TSCA to protect the
public and the environment from unreasonable risk of injury. Although
EPA's May 18, 1993, draft strategy on waste minimization and combustion
of waste extends only to RCRA hazardous wastes, its overall objectives
were carefully considered in the development of this proposed rule. EPA
requests comment on its overall plan for implementing the Agency's
combustion strategy for the PCB program under TSCA.
D. Coordination of Programs
PCBs are regulated under several statutes administered by EPA. In
particular, PCBs are subject to the corrective action provisions of
RCRA. In an effort to harmonize standards for the cleanup of PCBs under
both RCRA and TSCA, EPA is today proposing cleanup programs under both
statutes for comparison and comment. The Agency's goal is to harmonize
action levels for PCBs under RCRA with the target standards for
approval of risk-based remediation actions under proposed
Sec. 761.61(c). (See Unit II.A.7. for the RCRA proposal.)
E. Statutory Authorities
The TSCA portion of this proposed 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 prescribing the
methods for 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 manufacture, processing, distribution in
commerce, and use of PCBs in other than a totally enclosed manner (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 by rule grant an exemption if the
Administrator finds that: ``(i) an unreasonable risk of injury to
health or the environment would not result, and (ii) good faith efforts
have been made to develop a chemical substance which does not present
an unreasonable risk of injury to health or the environment and which
may be substituted for such polychlorinated biphenyl.'' TSCA section
18(b) gives EPA the authority to exempt, by rule, any State from
subsection (a)(2) (15 U.S.C. 2617(b)). EPA may by rule grant a State
the authority to, among other things, regulate any aspect of PCBs in
use, such as requiring a notification of that use.
The RCRA portion of this rule (discussed in Unit II.A.7. of this
preamble) is issued pursuant to sections 1006, 2002(a), 3004(u),
3004(v), 3005(c) and 3007 of the Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery Act, as amended by the Hazardous
and Solid Waste Amendments of 1984 (42 U.S.C. 6924).
No additions or changes are proposed at 40 CFR part 300 in this
rule under CERCLA (42 U.S.C. 9601-9657).
F. Summary of Proposal
Consistent with these authorities described in Unit I.E., EPA is
proposing a number of modifications to the PCB disposal rules to
provide flexibility in addressing the disposal of PCBs where specific
conditions would allow for different waste management activities than
are currently available under the regulations, while still providing
protection from unreasonable risk of injury. EPA is also proposing
modifications to the disposal regulations that would allow for the
recognition of PCB waste management activities undertaken under other
Federal or State authorities. Furthermore, EPA is proposing a number of
changes to the regulations to delete out-of-date provisions, modify the
regulations to address problems in their applicability or
implementation, make certain policies and provisions consistent with
the requirements of other Federal statutes, and reduce requirements for
PCB disposal activities which present a de minimis risk. Finally, EPA
is proposing certain authorizations and exemptions which would address
the need for the scientific community to conduct research as well as
health and environmental studies on PCBs and on media contaminated by
PCBs (to include processing and distribution in commerce of PCBs) for
the development of innovative disposal technologies which otherwise
would require issuance of a disposal approval.
The topics to be addressed through this proposed rulemaking include
the 16 issues identified in the ANPRM plus a number of additional
issues that have either come to the Agency's attention through the
submission of comments or from experience in implementing the PCB
Notification and Manifesting Rule (40 CFR part 761 subparts A, D, J,
and K) published in the Federal Register of December 21, 1989 (54 FR
52716). Several changes to the PCB regulations proposed today are in
support of EPA's effort to significantly reduce the risk of release to
the environment posed by PCBs still in use. The provisions affected
include the 1-year time limit for storage and disposal, State
enhancement provisions, restrictions on storage for reuse,
decontamination, and the previously proposed changes to transformer
reclassification procedures (58 FR 60970, November 18, 1993). EPA's
efforts to promote the phase-out of PCBs still in use, especially those
in electrical equipment, go beyond changes in the PCB rules. They
include contemplated changes to various compliance monitoring and
enforcement strategies and policies, a greater effort to inform the
regulated community of the Agency's position on PCBs still in use, and
expanded cooperation with other Federal and State agencies and
departments. EPA is also proposing a definition at Sec. 761.3 of the
term ``PCB-Contaminated'' that would apply across the PCB program. PCB-
Contaminated would mean anything that contains or contacts PCBs at
concentrations of 50 parts per million (ppm) to less than 500 parts per
million (ppm). In the event that no PCB liquids or non-liquids are
present on surfaces for measurement, then surfaces with PCB
concentrations greater than 10 micrograms per 100 square centimeters
(>10 g/100 cm2) and less than 100 micrograms per 100
square centimeters (<100>g/100 cm2), would be defined as
PCB-Contaminated. EPA would also apply the term ``PCB-Contaminated'' to
classes of PCBs or PCB Items meeting the levels of contamination
specified in the definition.
The following outline is provided to assist the reader in locating
topics of interest in the preamble.
II. Notice of Proposed Rulemaking
A. Large Volume, PCB Wastes
1. Anti-dilution
2. Status of pre-1978 Disposal
3. Alternatives to landfilling
4. Proposed remediation strategy for PCBs, including cleanup
under the RCRA corrective action and CERCLA remedial programs
a. Background
b. CERCLA program policy for cleanup of PCBs
c. Proposed approach for cleanup of PCBs under RCRA
d. Today's proposed remediation strategy for PCB spills under
TSCA
i. Self-implementing option
ii. Performance-based option
iii. Risk-based option
e. Implementation of PCB remediation programs
5. PCB remediation wastes
6. PCB non-remediation wastes
a. Risk-based disposal
b. Leachability-based disposal
c. Performance-based disposal
7. Decontamination standards and procedures
8. Distribution in commerce and use of decontaminated equipment,
structures, and materials
9. Processing for disposal
B. Large Volume PCB Articles
1. Disposal
2. Open burning and industrial furnaces
3. Characterization of PCB articles
4. Characterization of natural gas pipelines
C. PCB/Radioactive Wastes
D. Issues Not Addressed When the Rules Were Originally Promulgated
1. Household waste exemption
a. Broadly define exemption
b. Impact on recycling activities
c. Limit scope of the exemption
d. Other disposal considerations
2. Unauthorized use
a. PCB-impregnated materials used in duct systems
b. PCB-impregnated insulation materials
c. Agency experience
d. Reuse of natural gas pipelines
3. Disposal issues
a. Disposal of PCB-bound material
b. Disposal of cable insulation containing PCBs
c. Disposal of small capacitors
d. Large volume PCB liquids
e. Abandonment and disposal of natural gas pipeline
f. Disposal of solvents
g. Disposal of waste generated during the chemical analysis of
PCBs
h. Transboundary Movement of PCBs for disposal
i. Landfilling of liquid PCBs
III. Other Regulatory Changes and Clarifications
A. Marking
B. DOT Containers for Storage of PCB Waste
C. Definition of PCB Transformer and PCB-Contaminated Equipment
D. Drained PCB-Contaminated Transformers
E. Transfer of Totally Enclosed PCBs
F. Change in the Reportable Quantity--Spill Cleanup Policy
G. PCB Storage Requirements
1. Indefinite storage of PCB articles designated for reuse
2. Clarification of the 1-year time limit for storage and
disposal
3. Situations which warrant an extension or waiver of the 1-year
time limit for storage and disposal
4. Temporary storage of PCB liquid at 500 ppm or greater
5. Storage of large PCB capacitors and PCB-contaminated
equipment on pallets next to a qualified storage area
6. Alternate storage of PCBs
7. Storage requirements for PCB article containers
8. Recordkeeping requirements for storage unit operators
9. Revision to storage unit criteria
H. ASTM References
I. Manufacture of PCBs for Disposal-Related Studies
J. PCB Samples and Standards
1. Use authorization
2. Class exemption
K. State Enhancement Activities
1. Coordinated approval
a. Interactive approach
b. Self-implementing approach
2. PCB state enhancement grants
L. Clarification of Requirement to Request Approval for Alternate
Methods of Disposal
M. Wet Weight/Dry Weight Clarification
1. Liquids, including organic liquids and wastewater
2. Non-liquid PCBs
3. Mixtures of liquids and/or non-liquids
N. Oil-filled Equipment Manufactured After the Ban
O. PCB Voltage Regulators
P. Registration Requirement for PCB Transformers 500 ppm
PCBs
Q. Rectifiers
R. Use of PCBs in Scientific Equipment
S. Remove Outdated CFR Material
T. Chart of Marking and Recordkeeping Requirements
IV. Proposed Amendments to the Notification and Manifesting Rule
A. Small Quantity Exemption for Solids
B. Clarification of Exception Reporting
C. Timing for Submission of the Certificate of Disposal
D. Manifest Requirements for Pre-1978 <50 ppm="" pcb="" spills="" e.="" notification="" by="" transporters="" f.="" renotification="" for="" changes="" in="" facility="" operations="" g.="" transfer="" of="" ownership="" of="" commercial="" storage="" facilities="" h.="" modifications="" to="" storage="" facilities="" i.="" clarification="" of="" which="" disposers="" must="" submit="" an="" annual="" report="" j.="" financial="" assurance="" mechanism:="" non-parent="" corporate="" guarantee="" k.="" notification="" and="" manifesting="" samples="" 1.="" general="" 2.="" definitions="" l.="" clarification="" of="" the="" term="" ``facility''="" v.="" confidentiality="" vi.="" official="" rulemaking="" record="" vii.="" regulatory="" assessment="" requirements="" ii.="" notice="" of="" proposed="" rulemaking="" a.="" large="" volume="" pcb="" wastes="" background.="" the="" current="" pcb="" regulations="" generally="" establish="" a="" concentration="" of="" 50="" parts="" per="" million="" (ppm)="" as="" the="" regulatory="" threshold="" for="" authorized="" pcbs="" in="" use="" (i.e.,="" in="" service).="" this="" was="" based,="" in="" part,="" on="" the="" economic="" impact="" of="" the="" regulations="" on="" electrical="" transformers,="" but="" 50="" ppm="" has="" been="" extended="" to="" include="" all="" authorized="" pcbs="" and="" pcb="" articles,="" as="" defined="" in="" these="" proposed="" rules="" at="" sec.="" 761.3,="" unless="" otherwise="" noted="" (e.g.,="" pcb="" concentration="" of="" less="" than="" 50="" ppm="" resulting="" from="" dilution).="" where="" liquid="" samples="" could="" not="" be="" collected,="" such="" as="" on="" contaminated="" surfaces,="" surface="" sampling="" and="" concentration="" levels="" were="" developed="" (see="" part="" 761,="" subpart="" g,="" the="" pcb="" spill="" cleanup="" policy).="" the="" surface="" concentrations,="" which="" were="" based="" on="" dermal="" exposure,="" were="" equated="" to="" the="" existing="" pcb="" regulations="" which="" included="" economic="" considerations.="" as="" a="" result,="" the="" regulations="" established="" for="" pcbs="" at="" concentrations="" of="" 50="" to="" less="" than="" 500="" ppm="" were="" applied="" to="" contaminated="" surfaces="" at="" concentrations="" of="" greater="" than="" 10="" to="" less="" than="" 100="" micrograms="" per="" 100="" square="" centimeters="" (="">10 - <100>g/
100cm2). The regulations that EPA is proposing, in several
sections of this notice, codify the relationship between surface
contamination and the existing regulations based on milligrams of PCBs
per liter of liquid on a dry weight basis.
In the ANPRM, EPA requested comments on the effectiveness of the
current PCB regulations in preventing an unreasonable risk of injury to
health and the environment from the disposal of ``large volume, non-
liquid PCB wastes'' such as wastes from the shredding of automobiles,
white goods, and industrial scrap, and certain classes of soils,
sludges, and sediments. Currently, large volume wastes derived from an
authorized original source containing 50 ppm PCBs may only
be disposed of in an incinerator that complies with 40 CFR 761.70, in a
chemical waste landfill that complies with 40 CFR 761.75, or pursuant
to an approved alternate method of destruction equivalent to
incineration at 40 CFR 761.60(e), regardless of their current PCB
concentration or the risk of exposure they may pose. The Agency
believes that there are additional disposal methods and other waste
management techniques for large volume wastes that would not pose an
unreasonable risk of injury to health and the environment. These
additional disposal methods and other waste management techniques are
the subject of this section of today's proposed rule. For different
kinds of large volume waste, such as soils, liquids, and surfaces
contaminated with PCBs, EPA is proposing several self-implementing
disposal options at Secs. 761.61, 761.62 and Sec. 761.79. If followed
exactly as written, the self-implementing disposal options would not
require prior approval from EPA. These options are detailed and
specific. The sampling portions of the self-implementing procedures
appear in Appendices I-III. Placement of the proposed sampling
procedures in appendices is intended to provide better continuity and
should facilitate understanding of the overall self-implementing
procedures of which they are a part.
The term ``large volume'' is used to describe wastes that, in
general, are generated or managed in greater volumes than when they
were originally placed in service. Large volume wastes would include
dredged materials, contaminated environmental media, municipal sewage
treatment sludges, industrial waste water treatment sludges, auto
shredder waste, demolition wastes, and specifically listed materials
containing PCBs that may not be authorized for use, such as PCB
impregnated insulation or gaskets.
Large volume PCB wastes would not include wastes that are PCB
Items, PCB Articles, and PCB liquids being removed from service. PCB
liquids include, but are not limited to, dielectric fluid and solvents
used to flush PCB Transformers prior to landfilling (GE Solvent
Distillation Case [Docket No. TSCA-IV-890016]). Large volume PCB wastes
would not include the more traditional PCB wastes which are typically
generated and managed in discrete, relatively small volumes associated
with individual pieces of electrical, mechanical, heat transfer, or
other equipment.
Large volume PCB wastes are frequently heterogenous in nature and
contaminated with low (i.e., <50 ppm)="" or="" varying="" levels="" of="" pcbs="" and="" other="" constituents.="" although="" these="" wastes="" may="" now="" pose="" little="" environmental="" risk,="" under="" the="" current="" pcb="" regulations,="" they="" are="" usually="" required="" to="" be="" disposed="" of,="" based="" on="" their="" original="" pcb="" concentration,="" in="" either="" a="" tsca="" chemical="" waste="" landfill="" or="" tsca="" incinerator.="" second,="" as="" the="" name="" of="" the="" category="" implies,="" ``large="" volume''="" wastes="" may="" be="" generated="" each="" year="" in="" enormous="" amounts.="" however,="" the="" actual="" magnitude="" of="" the="" problem="" is="" not="" well="" documented.="" epa="" requested="" information="" about="" historic="" pcb="" disposal="" sites,="" including="" areas="" of="" major="" or="" longterm="" spills="" (46="" fr="" 22144,="" april="" 15,="" 1981)="" and="" included="" these="" data="" in="" its="" listing="" of="" sites="" known="" as="" the="" comprehensive="" environmental="" response,="" compensation="" and="" liability="" act="" information="" system="" or="" cerclis.="" while="" epa="" does="" not="" have="" information="" characterizing="" every="" site="" where="" pcbs="" were="" spilled="" or="" disposed="" of,="" the="" agency="" does="" have="" estimates="" of="" the="" number="" of="" sites="" contaminated="" with="" pcbs.="" in="" 1991,="" epa's="" office="" of="" emergency="" and="" remedial="" response="" completed="" a="" characterization="" of="" 1,218="" sites="" associated="" with="" the="" national="" priorities="" list="" (npl)="" and="" 29,461="" sites="" associated="" with="" cerclis.="" at="" approximately="" 20="" percent="" of="" the="" npl="" sites="" and="" approximately="" 7="" percent="" of="" the="" cerclis="" sites,="" pcbs="" were="" characterized="" as="" a="" ``predominant''="" waste="" type.="" the="" npl="" sites="" alone="" contain="" approximately="" 34,070,000="" cubic="" yards="" of="" material="" contaminated="" with="" pcbs="" and="" other="" substances.="" similarly,="" the="" weight="" of="" shredder="" waste="" produced="" annually="" by="" metal="" recyclers="" is="" approximately="" 3="" million="" tons.="" commercial="" disposal="" costs="" of="" these="" types="" of="" large="" volume="" wastes="" at="" pcb="" incinerators="" or="" landfills="" have="" been="" as="" high="" as="" $2,300="" per="" cubic="" yard="" for="" incineration,="" and="" $550="" per="" cubic="" yard="" for="" chemical="" waste="" landfilling.="" based="" on="" this="" information="" concerning="" large="" volume="" pcb="" waste="" generation,="" the="" number="" of="" old="" pcb="" disposal="" sites,="" and="" the="" cost="" of="" disposal,="" epa="" believes="" that="" it="" is="" appropriate="" to="" commence="" rulemaking="" to="" address="" the="" management="" and="" disposal="" of="" large="" volume="" pcb="" wastes="" and="" propose="" alternatives="" to="" the="" current="" available="" disposal="" options.="" therefore,="" for="" pcb="" remediation="" wastes,="" epa="" is="" proposing="" to="" allow="" alternatives="" to="" the="" regulatory="" mandate="" that="" pcb="" wastes="" must="" be="" managed="" based="" on="" the="" requirements="" for="" disposal="" at="" the="" time="" the="" contaminating="" pcbs="" came="" out="" of="" service="" (i.e.,="" based="" on="" the="" original="" pcb="" concentration="" of="" the="" material="" (see="" unit="" ii.a.4.="" of="" this="" preamble).="" the="" remediation="" requirements="" proposed="" in="" sec.="" 761.61(a)="" address="" indirect="" exposure="" issues="" by="" limiting="" the="" applicability="" of="" the="" section="" to="" environmental="" settings="" which="" are="" less="" likely="" to="" allow="" migration="" and="" therefore="" should="" be="" easier="" to="" characterize="" and="" remediate.="" all="" other="" environmental="" settings="" are="" addressed="" under="" the="" proposed="" ``risk-based''="" option="" (sec.="" 761.61(c))="" where="" epa="" could="" require="" a="" site-specific="" indirect="" exposure="" as="" well="" as="" direct="" exposure="" risk="" assessment.="" as="" a="" point="" of="" clarification,="" since="" spills="" result="" in="" an="" illegal="" release="" of="" pcbs="" to="" the="" environment,="" only="" those="" wastes="" cleaned="" up="" and="" disposed="" of="" in="" accordance="" with="" the="" pcb="" spill="" cleanup="" policy="" (40="" cfr="" part="" 761,="" subpart="" g)="" will="" be="" entitled="" to="" the="" presumption="" against="" enforcement="" of="" a="" disposal="" violation="" for="" that="" spill.="" pcb="" non-remediation="" wastes="" (unit="" ii.a.6.="" of="" this="" preamble="" provides="" further="" discussion)="" are="" often="" found="" in="" large="" volumes="" and="" in="" a="" physical="" state="" that="" tends="" to="" limit="" the="" mobility="" of="" the="" pcbs="" (e.g.,="" pcbs="" used="" as="" a="" plasticizer).="" in="" this="" instance,="" epa="" is="" recognizing="" the="" reduced="" risk="" of="" direct="" or="" indirect="" exposure="" and="" the="" overall="" volume="" of="" this="" category="" of="" waste="" when="" it="" considers="" additional="" options="" for="" disposal.="" elsewhere="" in="" today's="" notice,="" epa="" is="" also="" reproposing="" a="" process="" for="" determining="" the="" concentration="" of="" pcbs="" in="" a="" multiphasic="" media="" such="" as="" sludges="" or="" sediments="" (see="" unit="" iii.="" m.="" of="" this="" preamble).="" epa="" would="" require="" that="" this="" process="" be="" followed="" by="" those="" using="" the="" provisions="" established="" for="" the="" disposal="" of="" large="" volume="" wastes="" and,="" in="" general,="" for="" determining="" the="" concentration="" of="" pcbs.="" 1.="" anti-dilution.="" the="" current="" rule="" at="" 40="" cfr="" 761.1(b),="" commonly="" known="" as="" the="" ``anti-dilution''="" rule,="" prohibits="" the="" avoidance="" of="" specific="" disposal="" requirements="" because="" a="" pcb="" concentration="" was="" reduced="" or="" shifted="" from="" one="" material="" or="" environmental="" medium="" to="" another="" as="" the="" result="" of="" adding="" a="" diluent,="" or="" separating="" or="" concentrating="" the="" pcbs.="" this="" provision="" remains="" in="" effect.="" epa="" is="" not="" promoting="" intentional="" or="" fortuitous="" dilution="" in="" either="" its="" rules="" or="" enforcement="" policies.="" however,="" epa="" is="" proposing="" greater="" flexibility="" in="" choosing="" a="" disposal="" option="" for="" this="" category="" of="" large="" volume="" pcb="" wastes.="" epa="" remains="" committed="" to="" a="" policy="" of="" stringent="" regulation="" of="" the="" disposal="" of="" pcb="" wastes.="" epa="" is="" simply="" recognizing="" that="" where="" pcbs="" have="" already="" been="" released="" into="" the="" environment="" the="" critical="" disposal="" issue="" becomes="" one="" of="" mitigating="" the="" damage="" from="" the="" release,="" especially="" those="" aspects="" of="" indirect="" exposure="" such="" as="" bioaccumulation.="" 2.="" status="" of="" pre-1978="" disposal.="" several="" commenters="" asked="" for="" clarification="" of="" the="" rules="" under="" tsca="" governing="" the="" regulatory="" status="" and="" remediation="" of="" pcb="" spills="" and="" disposal="" sites="" in="" light="" of="" the="" ruling="" 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).="" the="" chief="" judicial="" officer="" (cjo)="" held="" that="" spilled="" pcbs="" found="" in="" soil="" are="" not="" necessarily="" in="" a="" ``disposal="" site''="" for="" purposes="" of="" the="" prefatory="" note="" exclusion="" to="" sec.="" 761.60.="" ``soil="" does="" not="" become="" a="" disposal="" site="" merely="" because="" pcbs="" are="" spilled="" onto="" it''="" (cjo's="" ruling="" page="" 13,="" paragraph="" 1).="" in="" this="" decision,="" the="" cjo="" limited="" the="" effect="" of="" the="" prefatory="" note="" to="" pre-1978="" landfills="" or="" dumps,="" i.e.,="" only="" those="" pcbs="" disposed="" in="" landfills="" and="" dumps="" may="" be="" considered="" ``in-service''="" and="" do="" not="" require="" proper="" disposal="" according="" to="" 40="" cfr="" part="" 761,="" subpart="" d.="" epa="" is="" proposing="" to="" delete="" the="" prefatory="" note="" to="" sec.="" 761.60,="" which="" states="" that="" pcbs="" disposed="" of="" prior="" to="" the="" effective="" date="" of="" the="" regulations="" were="" considered="" to="" be="" ``in="" use''="" and="" therefore="" did="" not="" need="" to="" be="" cleaned="" up="" under="" these="" rules,="" and="" substitute="" language="" on="" the="" disposition="" of="" pcb="" waste="" disposed="" of="" before="" 1978="" as="" introductory="" text="" to="" this="" section.="" under="" the="" proposed="" rule,="" pcbs="" disposed="" of,="" placed="" in="" a="" land="" disposal="" facility="" (such="" as="" a="" dump,="" landfill,="" waste="" pile,="" or="" land="" treatment="" unit)="" or="" pcbs="" spilled="" or="" otherwise="" released="" to="" the="" environment,="" including="" areas="" contaminated="" by="" spills="" and="" releases="" such="" as="" sediments,="" prior="" to="" april="" 18,="" 1978,="" would="" be="" presumed="" to="" be="" disposed="" of="" in="" a="" manner="" that="" does="" not="" present="" a="" risk="" of="" exposure,="" and="" would="" not="" necessarily="" require="" further="" disposal="" action.="" this="" proposed="" provision="" would="" allow="" the="" regional="" administrator,="" on="" a="" case-by-case="" basis,="" to="" make="" a="" finding="" that="" any="" pre-1978="" disposal="" site="" does="" present="" a="" risk="" of="" exposure,="" whether="" the="" site="" be="" 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.="" in="" such="" a="" case,="" the="" regional="" administrator="" could="" then="" require="" the="" submission="" of="" an="" application="" for="" approval="" of="" a="" risk-based="" disposal="" method="" under="" proposed="" sec.="" 761.61(c)="" (see="" unit="" ii.a.4.="" of="" this="" preamble).="" failure="" to="" submit="" a="" complete="" application,="" in="" the="" timeframe="" stipulated="" in="" the="" regional="" administrator's="" ``call-in''="" letter,="" would="" be="" a="" violation,="" and="" the="" violations="" would="" accrue="" from="" that="" day="" forward.="" 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="" there="" is="" a="" risk="" of="" exposure="" from="" these="" sites.="" sites="" that="" could="" be="" considered="" an="" immediate="" exposure="" risk="" include,="" but="" are="" not="" limited="" to,="" school="" yards,="" food="" or="" feed="" areas,="" residential="" areas,="" underground="" or="" surface="" waters,="" well="" head="" protection="" areas,="" and="" certain="" stream,="" river,="" or="" lake="" sediments.="" in="" such="" cases="" where="" the="" regional="" administrator="" has="" made="" a="" determination="" that="" there="" is="" a="" risk="" of="" exposure,="" the="" site="" would="" have="" to="" be="" cleaned="" up,="" based="" on="" the="" exposure="" risk="" finding.="" also,="" in="" the="" introductory="" paragraph="" at="" sec.="" 761.60,="" epa="" is="" proposing="" to="" add="" language="" to="" instruct="" those="" whose="" waste="" is="" subject="" to="" the="" disposal="" provisions="" of="" subpart="" d="" to="" refer="" back="" to="" both="" the="" authorizations="" section="" at="" sec.="" 761.30="" and="" the="" prohibitions="" section="" at="" sec.="" 761.20="" and="" to="" coordinate="" their="" disposal="" activities="" with="" other="" agencies="" where="" appropriate="" for="" all="" pcb="" wastes.="" it="" is="" important="" for="" members="" of="" the="" regulated="" community="" to="" be="" cognizant="" of="" the="" fact="" that="" the="" disposal="" options="" in="" subpart="" d="" hinge="" on="" certain="" prohibitions="" as="" well="" as="" authorizations.="" for="" example,="" not="" all="" pcb="" items="" would="" be="" required="" to="" be="" disposed="" of.="" some="" items,="" such="" as="" natural="" gas="" pipelines="" containing="" pcbs,="" if="" properly="" decontaminated,="" could="" be="" reused.="" many="" other="" federal,="" state,="" and="" local="" laws="" and="" regulations="" apply="" to="" the="" disposal="" of="" pcbs.="" although="" epa="" attempts="" to="" coordinate="" with="" the="" various="" federal,="" state,="" and="" local="" programs="" controlling="" pcbs,="" the="" ultimate="" responsibility="" for="" coordination="" and="" compliance="" rests="" with="" the="" regulated="" community.="" 3.="" alternatives="" to="" landfilling.="" on="" june="" 10,="" 1991,="" epa="" also="" published="" a="" notice="" of="" availability="" of="" a="" draft="" guidance="" document="" outlining="" several="" alternative="" methods="" of="" treatment="" for="" certain="" classes="" of="" media="" containing="" pcbs="" (56="" fr="" 26745).="" that="" document="" is="" entitled="" ``interim="" guidance="" on="" non-liquid="" pcb="" disposal="" methods="" to="" be="" used="" as="" alternatives="" to="" a="" 40="" cfr="" 761.75="" chemical="" waste="" landfill="" (cwl).''="" generally,="" commenters="" to="" the="" anprm="" who="" addressed="" the="" issue="" of="" alternative="" methods="" of="" treatment="" and="" commenters="" to="" the="" draft="" interim="" guidance,="" stated="" that="" a="" wider="" range="" of="" options="" would="" not="" only="" provide="" much="" needed="" disposal="" flexibility,="" but="" would="" provide="" an="" incentive="" for="" developing="" alternative="" methods="" of="" pcb="" disposal.="" in="" response="" to="" these="" comments,="" the="" proposed="" rule="" at="" sec.="" 761.61(c)="" would="" authorize="" the="" regional="" administrator,="" based="" on="" a="" site-specific="" risk="" assessment,="" to="" approve="" an="" application="" for="" different="" cleanup="" and="" disposal="" requirements="" provided="" that="" they="" would="" not="" pose="" an="" unreasonable="" risk="" of="" injury="" to="" health="" or="" the="" environment.="" the="" wide="" range="" of="" different="" methods="" of="" disposal="" that="" could="" be="" approved="" by="" the="" regional="" administrator="" upon="" application="" include="" thermal="" destruction="" such="" as="" infrared="" thermal="" treatment="" or="" circulating="" bed="" combustor;="" physical="" separation="" such="" as="" thermal="" treatment="" (rotary="" thermal="" desorber="" and="" fluidized="" bed)="" and="" solvent="" extraction="" (soil="" washing="" and="" liquified="" gas);="" solidification/stabilization="" such="" as="" chemical="" fixation="" (encapsulation,="" in-situ="" inorganic="" polymer,="" and="" silicates);="" in-situ="" vitrification;="" biological="" treatment;="" and="" chemical="" dechlorination.="" these="" are="" not="" the="" only="" treatment="" methods="" that="" could="" be="" approved="" by="" the="" regional="" administrator="" upon="" application;="" but="" are="" the="" methods="" currently="" being="" used="" with="" varying="" degrees="" of="" success.="" commenters="" suggested="" several="" potentially="" viable="" alternatives="" for="" the="" disposal="" of="" large="" volume="" pcb="" wastes,="" some="" of="" which="" were="" not="" listed="" in="" the="" draft="" alternative="" disposal="" document="" that="" accompanied="" the="" june="" 10,="" 1991,="" publication="" of="" the="" anprm.="" as="" indicated="" in="" this="" proposed="" rule,="" upon="" application="" to="" the="" regional="" administrator,="" each="" proposed="" option="" would="" be="" considered="" on="" a="" case-by-case="" basis.="" some="" commenters="" suggested="" that="" the="" need="" to="" obtain="" a="" disposal="" permit="" was="" an="" impediment="" to="" developing="" and="" utilizing="" alternative="" methods="" of="" destruction="" and="" containment.="" epa's="" position="" is="" that="" adequate="" controls="" must="" be="" imposed="" to="" ensure="" the="" safety="" of="" all="" disposal="" technologies,="" especially="" those="" being="" operated="" on="" a="" commercial="" scale.="" epa="" does,="" however,="" anticipate="" that="" as="" individual="" or="" combinations="" of="" technologies="" are="" used="" repeatedly,="" the="" permitting="" process="" will="" become="" streamlined.="" once="" out="" of="" the="" research="" and="" development="" (r&d)="" phase,="" new="" technologies="" will="" receive="" the="" same="" level="" of="" scrutiny="" as="" those="" already="" fully="" developed="" to="" ensure="" adequate="" environmental="" controls="" of="" specific="" technologies.="" in="" certain="" instances,="" specific="" standards,="" technologies,="" or="" procedures="" could="" also="" be="" promulgated="" in="" future="" rulemakings="" as="" additional="" decontamination="" activities="" at="" sec.="" 761.79="" or="" added="" to="" the="" self-implementing="" remediation="" techniques="" in="" sec.="" 761.61(a)="" (see="" unit="" ii.a.3.="" of="" this="" preamble).="" 4.="" proposed="" remediation="" strategy="" for="" pcbs,="" including="" cleanup="" under="" the="" rcra="" corrective="" action="" and="" cercla="" remedial="" programs.="" the="" 1987="" tsca="" pcb="" spill="" cleanup="" policy,="" published="" on="" april="" 2,="" 1987="" (52="" fr="" 10688),="" codified="" at="" part="" 761,="" subpart="" g,="" applied="" only="" to="" certain="" releases="" of="" pcbs="" occurring="" after="" may="" 4,="" 1987.="" thus,="" other="" spills="" of="" pcbs="" (i.e.,="" most="" notably="" those="" which="" occurred="" prior="" to="" may="" 4,="" 1987),="" were="" not="" intended="" to="" be="" subject="" to="" the="" provisions="" of="" the="" policy.="" the="" issue="" of="" whether="" the="" agency="" should="" develop="" a="" cleanup="" policy="" for="" historic="" pcb="" spills,="" and="" how="" such="" a="" policy="" might="" differ="" from="" the="" existing="" policy="" for="" new="" spills,="" was="" addressed="" in="" the="" anprm.="" in="" response="" to="" this="" discussion,="" several="" commenters="" on="" the="" anprm="" strongly="" supported="" the="" idea="" of="" developing="" an="" epa="" policy="" on="" historic="" pcb="" spills.="" those="" commenters="" suggested="" that="" such="" a="" policy="" could="" achieve="" considerable="" benefits="" at="" historic="" pcb="" spill="" sites,="" similar="" to="" those="" that="" have="" been="" obtained="" for="" new="" pcb="" spills="" under="" the="" 1987="" policy.="" in="" light="" of="" these="" comments,="" and="" in="" consideration="" of="" the="" agency's="" experience="" with="" implementing="" the="" 1987="" cleanup="" policy="" for="" new="" spills,="" epa="" is="" today="" proposing="" a="" strategy="" under="" tsca="" for="" cleanup="" of="" all="" pcbs="" in="" the="" environment.="" the="" following="" preamble="" also="" discusses="" how="" pcbs="" would="" be="" addressed="" under="" the="" remedial="" authorities="" of="" rcra="" and="" cercla.="" in="" addition,="" epa="" is="" today="" proposing="" to="" clarify="" the="" concentration="" level="" for="" soil="" contaminated="" with="" pcbs="" that="" was="" identified="" as="" an="" ``action="" level''="" in="" the="" proposed="" rcra="" corrective="" action="" regulations="" (55="" fr="" 30798,="" july="" 27,="" 1990).="" a.="" background.="" as="" part="" of="" the="" development="" of="" the="" 1987="" tsca="" pcb="" spill="" cleanup="" policy,="" epa="" evaluated="" the="" frequency,="" amount,="" and="" nature="" of="" pcb="" spills="" from="" electrical="" equipment,="" the="" different="" routes="" of="" exposure="" to="" pcbs="" (i.e.,="" ingestion,="" dermal,="" and="" inhalation),="" the="" risks="" posed="" by="" spills="" in="" different="" locations,="" and="" the="" costs="" of="" cleanup.="" after="" evaluating="" this="" information="" and="" considering="" a="" spill="" cleanup="" proposal="" submitted="" to="" epa="" by="" the="" environmental="" defense="" fund="" (edf),="" the="" natural="" resources="" defense="" council="" (nrdc),="" the="" edison="" electric="" institute="" (eei),="" the="" chemical="" manufacturers="" association="" (cma),="" and="" the="" national="" electrical="" manufacturers="" association="" (nema),="" epa="" developed="" cleanup="" goals="" for="" pcbs="" in="" soil="" and="" on="" surfaces.="" the="" tsca="" pcb="" spill="" cleanup="" policy="" requires="" cleanup="" of="" pcbs="" to="" different="" levels="" depending="" upon="" spill="" location,="" the="" potential="" for="" exposure="" to="" residual="" pcbs="" remaining="" after="" cleanup,="" the="" concentration="" of="" pcbs="" initially="" spilled="" (high="" concentration="" or="" low),="" and="" the="" nature="" and="" size="" of="" the="" population="" potentially="" at="" risk="" of="" exposure="" to="" residual="" pcbs.="" thus,="" the="" tsca="" pcb="" spill="" cleanup="" policy="" applies="" the="" most="" stringent="" requirements="" for="" pcb="" spill="" cleanup="" to="" non-restricted="" access="" areas="" where="" there="" is="" a="" greater="" potential="" for="" human="" exposures="" to="" spilled="" pcbs.="" the="" tsca="" pcb="" spill="" cleanup="" policy="" applies="" less="" stringent="" requirements="" for="" cleanup="" of="" pcb="" spills="" in="" restricted="" access="" areas="" where="" the="" nature="" and="" degree="" of="" human="" contact="" present="" a="" lower="" potential="" for="" significant="" exposure.="" finally,="" even="" less="" stringent="" requirements="" apply="" to="" restricted="" access="" areas="" where="" there="" is="" little="" potential="" for="" human="" exposures.="" implementation="" of="" the="" 1987="" tsca="" pcb="" spill="" cleanup="" policy="" has,="" in="" epa's="" estimation,="" yielded="" highly="" favorable="" environmental="" results.="" large="" numbers="" of="" pcb="" spills="" have="" been="" cleaned="" up="" expeditiously="" and="" safely="" with="" minimum="" administrative="" burdens="" to="" regulatory="" agencies="" or="" responsible="" parties.="" this="" success="" is="" in="" large="" part="" attributable="" to="" the="" self-implementing="" nature="" of="" the="" policy;="" the="" clear,="" numeric="" cleanup="" goals="" specified="" in="" the="" policy;="" and="" the="" straightforward="" sampling="" and="" notification="" procedures="" required="" of="" those="" responding="" to="" pcb="" spills.="" although="" the="" 1987="" policy="" was="" intended="" to="" be="" applicable="" to="" ``new''="" spills="" of="" pcbs,="" the="" policy="" has="" also="" been="" used="" in="" the="" cleanup="" of="" historic="" spills,="" particularly="" in="" the="" context="" of="" cercla="" remediations.="" as="" discussed="" below,="" since="" 1990="" the="" superfund="" program="" has="" adopted="" an="" approach="" to="" cleanup="" of="" pcbs="" that="" relies="" heavily="" on="" the="" 1987="" tsca="" policy.="" although="" the="" cercla="" (and="" rcra)="" remedial="" process="" generates="" large="" volumes="" of="" site-specific="" information="" that="" can="" be="" used="" to="" ``fine="" tune''="" cleanup="" decisions="" for="" pcbs,="" as="" well="" as="" other="" hazardous="" substances,="" it="" has="" been="" the="" agency's="" experience="" that="" the="" essential="" features="" of="" the="" 1987="" tsca="" policy="" are="" workable="" and="" yield="" protective="" cleanup="" results="" for="" historic="" spills="" of="" pcbs.="" the="" following="" discussion="" summarizes="" the="" approach="" that="" the="" cercla="" program="" has="" taken="" in="" adapting="" the="" 1987="" pcb="" spill="" cleanup="" policy="" to="" superfund="" cleanups.="" it="" also="" outlines="" a="" similar="" proposed="" approach="" for="" the="" rcra="" corrective="" action="" program.="" b.="" cercla="" program="" policy="" for="" cleanup="" of="" pcbs.="" because="" the="" tsca="" pcb="" spill="" cleanup="" policy="" is="" not="" a="" binding="" regulation,="" it="" is="" not="" a="" potentially="" applicable="" or="" relevant="" and="" appropriate="" requirement="" (i.e.,="" an="" arar)="" for="" superfund="" response="" actions.="" however,="" as="" a="" codified="" policy="" reflecting="" substantial="" scientific="" and="" technical="" evaluation,="" it="" has="" been="" considered="" as="" important="" guidance="" in="" developing="" cleanup="" levels="" at="" superfund="" sites.="" in="" august="" 1990,="" epa="" issued="" several="" cercla="" guidance="" documents="" regarding="" remediation="" of="" pcbs="" at="" superfund="" sites.="" among="" other="" provisions,="" these="" guidance="" documents="" establish="" guidelines="" for="" the="" cercla="" program="" to="" follow="" in="" setting="" preliminary="" remediation="" goals="" for="" pcbs="" for="" soil,="" ground="" water,="" and="" sediment="" contaminated="" with="" pcbs="" at="" superfund="" sites.="" (see="" ``a="" guide="" on="" remedial="" actions="" at="" superfund="" sites="" with="" pcb="" contamination'',="" oswer="" directive="" no.="" 9355.4-01="" fs="" (august="" 1990)="" [``pcb="" guide''].)="" preliminary="" remediation="" goals="" (prgs)="" in="" the="" superfund="" program="" are="" specific="" statements="" of="" the="" desired="" endpoint="" concentrations="" of="" contaminants,="" or="" risk="" levels="" for="" each="" exposure="" route,="" that="" are="" believed="" to="" provide="" adequate="" protection="" of="" health="" and="" the="" environment="" based="" on="" preliminary="" site="" information.="" (see="" preamble="" to="" the="" national="" contingency="" plan="" (ncp),="" 55="" fr="" 8666,="" 8712="" and="" 8713="" (march="" 8,="" 1992).)="" these="" goals="" are="" also="" used="" in="" setting="" parameters="" for="" the="" purpose="" of="" developing="" remedial="" alternatives.="" because="" prgs="" are="" formulated="" early="" in="" the="" remedial="" evaluation="" process,="" they="" are="" typically="" based="" on="" readily="" available="" information,="" such="" as="" environmental="" or="" health-based="" arar's="" other="" reliable="" guidance="" or="" information,="" commonly="" referred="" to="" in="" the="" cercla="" program="" as="" to="" be="" considered="" or="" (tbcs),="" or="" the="" ``point="" of="" departure''="" risk="" level="" of="">-6. As additional information becomes available
during the Remedial Investigation/Feasibility Study (RI/FS) process,
the PRGs may be modified due to consideration of exposure, technical,
or other factors (55 FR 8713 and 8717). The use of PRGs does not
preclude development and consideration or selection for alternatives
that attain risk levels other than those represented by the PRG. Final
selection of the appropriate level of risk is made based on the
balancing of criteria in the remedy selection step of the process.
Along the same lines, the 1990 CERCLA PCB guidance documents
explain that exceedance of a PRG for PCBs does not mean that action is
required. Rather, once the CERCLA program decides that action is
necessary at a site, the PRGs for PCBs should be used to identify areas
at which response action should be considered. ``These goals may be
refined throughout the RI/FS process; final remediation goals are
determined in the remedy selection.'' (PCB Guide, p.2).
According to the CERCLA PCB guidance, the concentration of concern
for PCBs in soil differs depending on the type of exposure that is
expected (e.g. residential or industrial) The guidance documents point
out that site-specific conditions may warrant departure from the basic
framework outlined in the guidance, due to factors such as the
potential for PCBs to migrate to groundwater and to affect
environmental receptors. The guidance recommends that in most cases,
the preliminary remediation goals (or ``analytical starting points''
for setting remedial levels) for PCBs in soil under CERCLA are as
follows:
The TSCA PCB Spill Policy at Sec. 761.120, recommends PCB spills be
cleaned up to the following levels: For current and reasonably-expected
future residential and other non-restricted access areas: less than 1
ppm on the surface to a depth of 10 inches and 10 ppm at depths below
10 inches; for industrial and other restricted access areas: 25 ppm;
and for outdoor electrical substations: 25 ppm, or 50 ppm with
labelling warning of presence of PCBs (not expected at CERCLA sites).
In the case of remediation for residential, unrestricted land use at
CERCLA sites, 1 ppm soil PCBs at the surface is recommended by the
Superfund program as a PRG to address threats posed by direct contact.
Where soil with concentrations greater than 1 ppm PCBs is left in place
for residential land use, the depth of soil cover is determined by
site-specific conditions. In such cases, appropriate deed restrictions
or other institutional controls are generally implemented.
In the case of remediating for industrial, restricted land use at
CERCLA sites, a range of 10 ppm soil PCBs to 25 ppm soil PCBs at the
surface is recommended by the Superfund program as a PRG to address
threats posed by direct contact.
c. Proposed approach for cleanup of PCBs under RCRA corrective
action authorities. In the July 27, 1990, proposed RCRA Corrective
Action Rule, 55 FR 30798, EPA introduced the concept of ``action
levels'' as trigger levels for further study and subsequent remediation
at RCRA facilities. In the RCRA Corrective Action Program, a remedial
investigation may indicate that levels of contamination from a past
release are unlikely to present a threat to health and the environment.
EPA proposed that measured levels in the environment be compared to
action levels, and that in situations where measured levels are below
action levels, EPA would not normally require either further study
(i.e., a Corrective Measures Study) or remediation.
In the proposed RCRA Corrective Action Rule, EPA proposed using
maximum contaminant levels (MCLs) promulgated under the Safe Drinking
Water Act as action levels for ground water. For other media (including
soils) and for constituents in ground water that do not have
established MCLs, the following criteria were proposed for establishing
action levels. First, the concentration for a hazardous constituent
must be derived in a manner consistent with Agency guidelines for risk
assessment. Second, the studies used to derive action levels must be
scientifically valid. Third, the concentrations used as action levels
would be (for carcinogens) associated with a 1 x 10-6 upperbound
excess cancer risk for Class A and B carcinogens (PCBs are Class B
carcinogens), and a 1 x 10-5 risk level for Class C carcinogens.
For systemic toxicants, the action level would be a concentration to
which humans could be exposed on a daily basis without appreciable risk
of adverse effects during a lifetime. The exposure scenario used for
calculating the action levels was direct contact (i.e., ingestion),
assuming residential land use. EPA's proposal included in
Sec. 264.521(d) a separate provision establishing criteria for
establishing action levels for soil, assuming exposure through
consumption of the soil contaminated with a hazardous constituent.
However, EPA proposed to make an exception to this approach where EPA
has already established standards for remediation of spilled PCBs under
the TSCA PCB Spill Cleanup Policy. In the preamble, EPA explained that
the Agency had determined that the standards in the TSCA PCB Spill
Cleanup Policy should be used as action levels and cleanup standards
for soil in RCRA corrective actions (55 FR 30819).
Proposed Appendix A, to part 264, subpart S, provided examples of
concentration levels that meet the above criteria for action levels for
more than 150 hazardous constituents. However, EPA erred in setting out
the concentration level for PCBs in soil in Appendix A (55 FR 30867).
EPA had intended to list 1 ppm, the cleanup goal recommended by the
TSCA PCB Spill Cleanup Policy for residential land use, as the action
level for PCBs. Instead the action level listed in Appendix A for PCBs
in soil was 0.09 ppm. EPA is requesting comment on correcting this
erroneous listing. EPA believes that adding the following clarifying
language to the end of Sec. 264.521(d): ``Action levels for PCBs in
soils shall be defined as 1 ppm consistent with the TSCA PCB Spill
Cleanup Policy at part 761 subpart G,'' would correct the error.
EPA believes that it is appropriate to adopt the TSCA 1 ppm level
for PCBs as the action level for use under the RCRA corrective action
program. As previously discussed, 1 ppm is the cleanup goal recommended
by the PCB Spill Cleanup Policy for residential land use. Thus, the
TSCA spill cleanup level is approximately one order of magnitude
greater than the action level identified in the subpart S preamble.
However, the Agency believes that adopting the 1 ppm level for RCRA may
be appropriate, for several reasons. For one thing, the 1 ppm TSCA
level is based on the same residential land use scenario and
essentially the same exposure assumptions used in deriving the RCRA
action levels. It also represents the same general ``conservativeness''
as an action level, in that it equates to a 10-5 excess lifetime
cancer risk. In addition, the TSCA level was developed based on
substantial studies conducted by the Agency that focused specifically
on the risks posed by PCBs, as well as other relevant factors relating
to cleanup of PCBs. Finally, 1 ppm is close to the analytical detection
limit for soil, whereas the action level of 0.09 ppm identified in the
subpart S proposal may often be below detection limits.
The Agency recognizes that adopting the TSCA 1 ppm level as an
action level under RCRA would depart somewhat from how other soil
action levels are set. It would be a level established under another
regulatory program and, as such, may reflect certain factors that were
not otherwise considered in developing the action level concept under
RCRA. On the other hand, adopting the TSCA level for soils would be
very much analogous to using MCLs as action levels for ground water as
discussed in the July 27, 1990 proposal (see 55 FR 30819 and 30853).
It should also be noted that adopting the 1 ppm action level for
PCBs requires certain explicit revisions to the proposed subpart S
regulations. Specifically, as discussed above, the proposed criteria
for soil action levels that were specified in proposed Sec. 264.521(d)
would need to be revised to explicitly identify the 1 ppm level for
PCBs. In addition, Appendix A to part 264 subpart S would require an
amendment to identify the new PCB action level.
The Agency solicits comment on today's proposal for adopting 1 ppm
as the action level for PCBs in soil for the purpose of implementing
corrective actions at RCRA regulated facilities.
Although the PCB Spill Cleanup Policy identifies other numbers that
are generally appropriate for certain land use settings, the Agency
believes that these levels are inappropriate for use as action levels,
because they may often require substantial site-specific information
and determinations by the Agency about current and future land use and
exposure potential. This is inconsistent with the action level concept,
which requires identifying conservative, presumptive levels that can be
established without this type of site-specific information.
However, the Agency believes that many of the provisions of the PCB
Spill Cleanup Policy may be appropriate in making decisions regarding
cleanup levels in the context of RCRA corrective action. In the
preamble to the proposed subpart S regulations, EPA stated that the
cleanup levels and practices in the PCB Spill Cleanup Policy would
generally be appropriate for use in addressing PCB releases under RCRA
corrective actions. The Agency wishes to reaffirm its intention to use
the 1987 spill policy as guidance for cleanup of PCBs in the corrective
action program in essentially the same manner as has been identified in
the Superfund guidance discussed above.
It should be noted that the Superfund guidance on PCBs focused
primarily on the use of the PCB Spill Cleanup Policy in establishing
preliminary remediation goals, or PRGs. The subpart S proposal did not
provide an explicit regulatory framework for setting PRGs during the
corrective action process; however, the preamble to the proposal did
acknowledge that establishing such preliminary cleanup goals may often
be appropriate in a RCRA context. The Agency may address this issue
more thoroughly in subsequent RCRA rulemakings. In any case, EPA
intends to use the general approach outlined in the Superfund PCB
guidance in establishing preliminary cleanup goals (when appropriate),
as well as ``final'' cleanup levels for PCB contamination at RCRA
facilities. As explained in the CERCLA guidance, the levels specified
in the TSCA PCB Spill Cleanup Policy would generally be examined in
light of site-specific information, and that the Agency would preserve
the flexibility inherent in the subpart S provisions for establishing
cleanup standards, to select a cleanup level for PCBs that may depart
from the TSCA PCB Spill Cleanup Policy, when appropriate. (See proposed
Sec. 264.525(d), 55 FR 30877, July 27, 1990.)
The Agency solicits comment on the concept, as outlined above, of
using the TSCA PCB Spill Cleanup Policy as general guidance for
establishing cleanup levels under RCRA corrective action authorities.
The Agency also solicits comment on specific provisions of the TSCA PCB
Spill Cleanup Policy for which it may be appropriate to modify or
supplement for use in establishing cleanup levels under RCRA.
d. Today's proposed remediation strategy for PCB spills under TSCA.
EPA is today proposing a new strategy under TSCA for cleanup of all
PCBs in the environment that is closely modeled after the 1987 TSCA PCB
Spill Cleanup Policy for new PCB spills from electrical equipment. The
Agency believes that adopting such a strategy is warranted, for several
reasons. EPA's experience with PCB cleanups under CERCLA has shown that
the general approach and the specific cleanup goals expressed in the
1987 Policy are generally appropriate for cleanup of PCBs not directly
addressed under the policy, as long as flexibility is provided for
factoring site-specific conditions into final cleanup decisions. In
addition, cleanup of PCBs not directly addressed currently under the
policy must be addressed under TSCA on a case-by-case basis, with
oversight of the cleanup action by EPA Regions. This can require
considerable paperwork and lengthy negotiations between regulators and
responsible parties over cleanup goals and procedures at individual
sites. Adopting a simpler, more uniform yet flexible strategy for
cleanup of PCBs in the environment under TSCA would thus serve to
reduce administrative and other transactional costs and accelerate the
cleanup process.
EPA is not convinced that there is any compelling technical or
environmental rationale for having several separate and inconsistent
methods for cleaning up PCB spills, based simply on when the spill
occurred. Under TSCA, the new strategy and administrative procedures
propose to address the problem of PCBs in the environment through a
flexible, tiered approach.
EPA is proposing that PCBs disposed of, placed in a land disposal
facility, spilled, or otherwise released into the environment prior to
April 18, 1978 would be presumed to be disposed of in a manner which
does not present a risk of exposure (i.e., the PCBs are presumed to be
safely disposed of) unless EPA makes a finding that there is a risk of
exposure (see Sec. 761.60 proposed revised introductory text in the
codified portion of this document). EPA could then require that an
application be submitted for approval of remediation and proper
disposal of those PCB remediation wastes under the proposed
Sec. 761.61(c). All other PCB remediation wastes would be addressed by
one of several alternatives proposed today.
In certain scenarios PCBs could be remediated to specified levels
and treated under the self-implementing provisions proposed at
Sec. 761.61(a). This activity would be conducted with a minimum of
interaction between EPA and the party conducting the remediation, but
it would require that the specified conditions be followed without
variance.
Any PCB remediation waste could be cleaned up under the risk-based
provisions proposed at Sec. 761.61(c). This new provision would be
harmonized with the RCRA and CERCLA programs. Any changes of the levels
under RCRA and CERCLA would be reflected in a change under TSCA in the
target standards. While Sec. 761.61(c) would provide flexibility based
on site-specific assessment of the risks posed, it would also be the
most resource intensive and time consuming to implement. All actions
addressing PCBs under Superfund would use Sec. 761.61(c) as the
relevant requirement under TSCA thus providing the flexibility
necessary to implement site-specific remedial actions.
EPA is also proposing to retain the traditional disposal options
under proposed Sec. 761.61(b) for incineration, alternate treatment
technologies, and chemical waste landfilling. This section could be
used where all PCB remediation waste would be removed from the
environment, or where remediation levels were established elsewhere in
these rules. Section 761.61(b) could also be used where a mechanism
such as a State established cleanup was recognized by EPA through a
coordinated approval under proposed Sec. 761.77, where a State had
already established a site characterization and/or remediation plan
requiring off-site disposal in a facility with a TSCA disposal approval
for PCBs.
The current TSCA PCB Spill Cleanup Policy would still be available
to address recent spills from electrical equipment. The party
responsible for a spill which was eligible for cleanup under the spill
policy would also have the option of using one of the alternatives
available under proposed Sec. 761.61 or Sec. 761.79 (Decontamination),
where applicable. It should be noted that, in accordance with the anti-
dilution provisions of Sec. 761.1(b), if the contamination was from an
authorized use, then the PCB remediation waste is regulated based on
the regulatory status of the PCBs at the time of their release into the
environment. The following illustrates this point. A transformer
contains PCB dielectric fluid at 1,000 ppm. The unit leaks its
dielectric fluid, and all resulting PCB remediation waste is regulated,
regardless of concentration, because the original dielectric fluid was
regulated at the time of the leak. However, if the same PCB Transformer
is first reclassified to non-PCB status (i.e., less than 50 ppm PCB in
the dielectric fluid) and non-PCB dielectric fluid leaks, none of the
resulting remediation waste is regulated under TSCA (but not
necessarily other laws or regulations) because the dielectric fluid was
unregulated at the time of the leak.
There are two questions associated with any cleanup. The first
question is to what level must contamination be cleaned and the second
question is what are the disposal requirements for the contaminated
material. In general, the current PCB rules address the disposal
question by stating that PCBs diluted through acts such as spilling or
processing for disposal must be disposed of based on the disposal
requirements for that PCB concentration at the time the PCBs came out
of service or were spilled. However, except for those scenarios
addressed by the TSCA PCB Spill Cleanup Policy, the current rules
require complete removal of spilled or otherwise improperly disposed of
PCBs. Most commenters to the ANPRM were very supportive of the Agency's
desire to amend the current rules to allow the management of
remediation wastes based on their current PCB concentrations and the
site-specific risk from exposure.
Several commenters asked that EPA address the question of cleanup
levels by establishing, in this rule, national standards for specific
exposure scenarios, with provisions for variances that would be
binding, for remediation of wastes containing PCBs for all Federal
programs that would be preemptive of State and local requirements.
These commenters suggested that this approach could reduce the
``transactional'' costs associated with site-by-site negotiations,
promote voluntary remediation activities and, in general, speed the
cleanup of sites. EPA has limited authority under TSCA to preempt State
or local requirements for the cleanup or disposal of PCB remediation
wastes. With regard to establishing uniform standards for specific
exposure scenarios for the remediation of PCBs and other hazardous
substances or constituents, EPA has contemplated the following options:
(a) Setting specific standards, (b) using a uniform decision-making
process with target standards, but allowing site-specific variances, or
(c) using a uniform decision-making process with a general goal and
site-specific application. EPA believes that specific standards are
most appropriate when dealing with common disposal scenarios and
limited disposal options. Favoring site-specific approaches to
remediate old spills is most appropriate when there is little
commonality at the various sites among the problems being addressed and
the available disposal options. Except for the limited scenarios
proposed in Sec. 761.61(a), EPA does not believe that it has sufficient
experience or information to establish additional self-implementing
cleanup and disposal options. EPA is seeking comments, supported by
technical information from those engaged in remedial actions; other
Federal, State or local entities responsible for the implementation or
oversight of remedial actions; and the general public on all three
approaches including the following proposal.
Several remedial approaches could be proposed for any given site
which is contaminated with PCBs. In this section, EPA is proposing
three alternatives for the cleanup and disposal of PCB remediation
waste under TSCA. The first alternative would be self-implementing. The
term self-implementing means that EPA approval under TSCA would not be
necessary as long as the entire remediation conformed to the procedures
and standards of the first alternative at proposed Sec. 761.61(a). The
second alternative, performance-based disposal, is the use of
``traditional'' disposal technologies of incineration and chemical
waste landfilling, according to the approval process and standards as
proposed at Sec. 761.61(b). The third alternative, risk-based disposal,
is a process and decision document not unlike the Superfund remedial
action decision-making process and record of decision (ROD). Each step
would be approved by the Regional Administrator having jurisdiction
over the site which is contaminated with PCBs, including a risk
assessment and any onsite treatment, or redisposition of treated or
untreated remediation waste at the site. Treatment levels would be
based on a site-specific risk assessment described at proposed
Sec. 761.61(c). Those seeking a PCB disposal approval could also avail
themselves of the ``Coordinated Approval'' provision (see Unit III.K.1.
of this preamble). This alternative would allow the recognition of a
cleanup action conducted under another authority such as a RCRA
corrective action permit or in compliance with a CERCLA ROD or
enforcement decision document.
i. Self-implementing option. The self-implementing alternative is
patterned after the PCB Spill Cleanup Policy (40 CFR part 761, subpart
G), which sets standards for cleaning up spills shortly after they
occur. Like the PCB Spill Cleanup Policy, this proposed alternative
requires that risk-based surface and soil levels be achieved. However,
an important distinction between subpart G and the proposed self-
implementing alternative is that for non-recent spills, there may be
limited information concerning the concentration and amount of PCBs
released to the environment and the time, nature, and extent of that
release and any subsequent migration. Subpart G established spill
cleanup requirements addressing the concentration and amount of spilled
materials based on the location of the spill and potential exposure to
the spilled PCBs. Spill cleanup in this proposal is based on the
current concentration in the material onto which a spill occurred. The
extent of migration of the spill is likely to be greater for an old
spill than for a more recent or new spill. This difference plus the
requirement for rapid initiation and containment of the spill were
partly responsible for the provision at 40 CFR 761.135 which creates a
presumption against an enforcement action for penalties for the act of
illegal disposal. While the self-implementing proposal allows disposal
of remediation waste according to the waste's current existing
concentration, the proposal does not create a presumption against
enforcement action for penalties for the act of unauthorized disposal.
Another significant difference from subpart G is that the self-
implementing disposal requirements would not apply to certain
environmental and exposure scenarios having the potential for a high
risk of exposure. Subpart G allows certain residual levels to remain
after cleanup based on the potential future use of the site, including
the imposition of physical or institutional restrictions limiting
access, which could have been incorrectly assumed to always directly
correlate with exposure in those areas. Today's proposal addresses
residual levels based not only on access to areas, but also potential
exposure to residual PCB levels within those areas. For example, a
restricted access commercial area might limit who could be exposed, but
might not limit how much a person with access could be exposed.
In this proposal, concrete is not considered a non-porous surface
as it is in subpart G (see the proposed definition of ``non-porous
surface'' at Sec. 761.3). Consequently, concrete containing PCBs would
have to be removed rather than just wiped off. The size of the
remediation area is not an issue with today's self-implementing
proposal as it is with subpart G.
The self-implementing option differentiates between the cleanup of
a site and the disposal of PCB remediation waste from the site. Cleanup
means the identification and reduction of the PCB concentrations, and/
or removal of PCB remediation waste to a specified residual PCB
concentration at its existing location. The cleanup portion of this
alternative allows remediation waste with specified PCB levels to
remain undisturbed at the site and not be disposed of. Cleanup may be
followed by either (or both) off-site disposal of a certain amount of
PCB remediation waste, or treatment of a certain amount of remediation
waste at the site. Disposal means the movement of PCB remediation
wastes from the site of contamination to another location for
destruction or containment (off-site disposal) or the destruction or
containment of PCB remediation waste at the cleanup site (on-site
disposal). Section 761.61 would apply to the cleanup and disposal of
all PCB remediation wastes regardless of when the disposal, spill, or
contamination occurred. Subpart G would continue to apply to recent
spills from electrical equipment; however, the party responsible for
the spill and cleanup could choose to follow Sec. 761.61. There are
other conforming changes which could be made to 40 CFR part 761,
subpart G, resulting from this proposal. These changes have not been
made because those who were a party to the negotiation of subpart G
have not been a direct party to the development of this proposal.
Nevertheless, the conforming changes to subpart G have been accounted
for in this proposal and the proposal is consistent with the conforming
changes, especially with respect to references of ``old'' spills.
Section 761.61 specifically applies to ``old'' spills.
The self-implementing remediation option proposes on-site disposal
to specified cleanup levels of residual PCBs in the PCB remediation
waste. Cleanup levels would be more stringent for high exposure areas
than for low exposure areas, as these terms would be defined in
Sec. 761.3. Three self-implementing on-site options are proposed:
capping higher residual levels (a definition of ``cap'' is proposed at
Sec. 761.3), ``treating down'' from higher levels to lower levels on-
site using a non-chlorinated solvent washing process; and
microencapsulation or vitrification (definitions of these terms are
proposed at Sec. 761.3). These last two immobilization technologies are
being proposed because they have been promulgated under RCRA for debris
which is contaminated with both RCRA hazardous waste and TSCA PCB waste
(see 57 FR 37194 -37282, August 18, 1992). Based on EPA's experience
with approving PCB disposal technologies, the solvent washing process
is the only currently available destruction or physical separation PCB
disposal process considered generally effective in a variety of
situations, commercially feasible at ambient temperatures (i.e., no
external heat source), and safe enough to be conducted without prior
approval. EPA will consider these factors, along with the general
statutory requirement to prevent unreasonable risk of injury to health
and the environment, in considering the addition, under Sec. 761.61(c),
of other processes, procedures, or technologies to Sec. 761.61(a). EPA
specifically requests comments on the best method to expeditiously
include new universally acceptable risk-based treatment technologies as
self-implementing treatment options prior to amendment of
Sec. 761.61(a) in the Federal Register. The kind of solvent washing
process EPA proposes for treating PCBs removes PCBs from the waste,
separates the PCBs from the solvent, and reuses the solvent while
disposing of the PCBs. Residual levels of solvent in the treated PCB
remediation waste must correspond to allowable levels under all other
Federal and local regulations, including requirements under RCRA and
regulations of the Occupational Safety and Health Administration
(OSHA). For other techniques such as vitrification, EPA is concerned
about additional issues such as the release of volatile products of
incomplete combustion (PICs) especially when the process is conducted
in-situ. If EPA cannot devise a procedure or prescribe a technology for
addressing the issue of volatile PICs, vitrification will be deleted
from option (a) and only considered under option (c) in a risk-based
approval. EPA specifically requests comment and supporting technical
information on this issue.
RCRA uses the Toxicity Characteristic Leaching Procedure (TCLP),
(40 CFR part 261 Appendix II, Method 1311), its model for co-disposal
of potentially hazardous wastes with municipal solid waste in a
landfill. Under RCRA regulations, the assumption is that if a waste
does not exhibit the toxicity characteristic (and is otherwise not
hazardous), it does not need to be disposed of as a hazardous waste;
thus, it can be placed in a solid waste landfill (40 CFR 261.3). EPA is
drawing a parallel to the RCRA rules for disposal of certain treated
remediation wastes under TSCA. EPA is proposing to use the RCRA TCLP as
a measure of effectiveness of microencapsulation or vitrification of
PCB containing remediation wastes. Using the RCRA model for
establishing toxic contaminant levels, EPA is proposing 50 micrograms
per liter (i.e., approximately 50 parts per billion [ppb]) as the
treatability level for extractable PCBs. (The Toxicity Characteristic
(TC) level for PCBs was proposed and subsequently withdrawn (see 57 FR
21520, May 20, 1992 and 57 FR 49280, October 30, 1992)). If adopted
under TSCA, any PCB remediation waste that has been microencapsulated
or vitrified and subsequently shown to leach PCBs at less than 50 ppb,
as measured by the TCLP, would be considered appropriate for disposal
in a municipal solid waste landfill, after written notice to the
municipal solid waste landfill, or disposal could be at a TSCA approved
disposal facility. The treated PCB remediation waste would still be
subject to all prohibitions in the PCB rules including, but not limited
to, use, reuse, export, or the proposed ban on open burning. One
commenter to the ANPRM proposed that EPA use the American National
Standards Institute/American Nuclear Society leachability test (ANSI/
ANS 16.1) to determine the effectiveness of microencapsulation or
vitrification technologies. The major technical differences between the
two leaching procedures are the amount of surface area exposed to the
leaching medium and the neutral (versus the TCLP's mildly acidic)
nature of the leaching medium in the ANSI/ANS Standard. As stated in
its introduction, the ANSI/ANS standard serves only as a basis for
indexing releases from the encapsulant and does not apply to any
specific environmental situation. The commenter noted that a variety of
contaminant release tests and test conditions should be developed to
assess the potential for release of specific contaminants in given
situations. Since this proposal is focused on the release of a toxic
constituent from a matrix when co-disposed with other solid waste in a
municipal solid waste landfill, EPA believes that the question of which
test to use is more properly addressed in the solid and hazardous waste
regulations under RCRA than the PCB rules under TSCA.
Today's proposed self-implementing option for disposal of PCB
remediation waste includes a different way to evaluate PCB
concentrations during site remediation. Some field screening tests have
been developed and approved for use under EPA's ``Test Methods for
Evaluating Solid Waste'' (SW-846) and have otherwise been widely used.
Chemicals other than PCBs at the remediation site may interfere with
the tests and indicate that PCBs are not present when in fact PCBs are
present (a false negative). The correct application of the tests may
still not inform or warn the user of the presence of such
interferences. This proposal includes the use of several kinds of PCB
field screening tests during remediation, so long as confirmatory
sampling is used to guard against false negatives and to demonstrate
the absence of interferences which would render the analytical results
invalid. The ability to obtain acceptable analytical results in a very
short time on-site and while remediation is under way can complete
remediation goals more quickly and at lower costs.
The self-implementing option for the disposal of PCB remediation
waste would offer one new consideration for PCB disposal at
Sec. 761.61(a)(4)(v): allowing non-liquid wastes generated by the
cleanup process (e.g., spent abrasives) to be disposed of at their
existing concentration (i.e, at a concentration less than the maximum
concentration of PCBs found at the remediation waste site). Solvents
used in remediation activities could be reused according to provisions
proposed in Sec. 761.79(a)(1) and Sec. 761.61(a). During use of the
solvents, secondary containment would have to be provided to ensure no
solvent releases to soil or water. A general requirement for protection
for workers engaged in decontamination activities is also proposed.
Decontamination activities could not proceed until those workers
conducting the decontamination are protected from exposure to PCBs and
the materials used to decontaminate. EPA requests comments on this
proposal and technical information on the performance and effectiveness
of other treatment technologies the Agency could include in the self-
implementing option.
ii. Performance-based option. The performance-based disposal option
proposed at Sec. 761.61(b) includes the traditional disposal
technologies of high-temperature incineration, high efficiency boilers,
chemical waste landfills, and alternate destruction methodologies that
are currently approved by the Director of the EPA Chemical Management
Division for mobile, transportable, and non-unique fixed-site disposal
units, and by the Regional Administrator for unique fixed-site disposal
units. These technologies are based on their performance as required in
the existing PCB disposal regulations. No specific changes are being
proposed for these standards.
iii. Risk-based option. The risk-based remediation option proposed
at Sec. 761.61(c) bases disposal requirements for PCB remediation waste
on the potential risks to health and the environment resulting from
residual PCBs in the PCB-remediation waste. Performance requirements
could include destruction, containment, restriction of access to the
disposal site, deed restrictions, and other short- and long-term
management controls. The risk-based disposal standard would continue to
be one of no unreasonable risk of injury to health and the environment.
The application and approval process for a risk-based remediation
approval would be essentially the same as the current process for
application for a performance-based PCB disposal approval. New
approvals would be classified as performance-risk based approvals under
proposed Sec. 761.61(c). Written applications would be required and the
approving official (i.e., the Regional Administrator having
jurisdiction over the site of remediation) would document in the
approval: the reasons for the approval, the approval conditions, and
EPA's findings. The process, criteria, and standards for decision-
making would be similar to EPA's site remediation program under CERCLA.
It is EPA's desire to limit the use of this time consuming and resource
intensive proposed option in favor of the self-implementing provisions
proposed in Sec. 761.61(a) or the decontamination procedures proposed
as additions to Sec. 761.79. To assist the applicant in developing an
approach for the risk-based disposal application, EPA's general
principles for reviewing a PCB remediation approval application are
stated here in the form of four preferences. The first preference would
be to have a permanent remedy that allows for the least restrictive
access and land use restrictions at each site. The second preference
would be to impose greater protection of sensitive ecosystems such as
water resources, croplands, grazing lands, and residential areas than
the target standards, expressed as cleanup levels in the self-
implementing option (at proposed Sec. 761.61(a)), would provide. The
third preference would be for destruction or extraction instead of land
disposal. The fourth preference would be for using on-site or existing
off-site disposal facilities versus developing new off-site land
disposal facilities. Microencapsulation or vitrification would not be a
preferred technology for PCBs if it caused unacceptable increases in
the overall volume of wastes being sent off-site to chemical waste
landfills, resulted in a liquid phase, or allowed unacceptable levels
of leaching of PCBs.
The evaluation criteria for site-specific variances from the target
standards would include: (1) Risk factors associated with the waste
(e.g., volume, concentration, physical state, toxicity, mobility), and
(2) risk factors associated with the proposed waste management option
(e.g., safety, reliability, effectiveness, possibility of discharge to
surface or ground water, current and reasonably expected future site
use, technical feasibility, resource value, proposed institutional
controls, permanence of remedy, potential for concentration of PCBs and
waste minimization). While this paragraph reflects some factors
associated with each criterion, these unranked factors would only
provide notice and assistance in defining the criterion. EPA would not
be limiting itself to the factors listed or require that each factor
listed be considered.
e. Implementation of PCB remediation programs. Currently, based on
the results of site sampling, historical, or other data, EPA may
presume that PCBs are illegally disposed of at a site and require
remediation under TSCA. In that case, the burden is on the site owner
or operator to establish, through persuasive evidence, that the PCBs
are not illegally disposed of under TSCA. Today, EPA proposes to
address all PCB remediation waste, regardless of concentration,
physical state or date of disposal (see proposed introductory text at
Sec. 761.60) under Sec. 761.61, based on the risk of exposure or injury
they now pose. EPA would apply the current ``anti-dilution'' provision
at Sec. 761.1(b) to retain regulatory authority over PCB remediation
waste even where the PCB concentration is now below 50 ppm, unless the
dilution was authorized (e.g., as the result of a transformer
reclassification under Sec. 761.30(a)(2)(v)) and the authorized
dilution occurred prior to disposal. Anti-dilution would not mandate
disposal requirements for PCB remediation waste under proposed
Sec. 761.61 (or Sec. 761.62 for PCB non-remediation waste). Again, the
burden would be on the site owner or operator to establish, through
persuasive evidence, that the PCB remediation wastes, regardless of
current concentration or date of disposal are legally disposed of under
TSCA and in the case of wastes disposed of before April 18, 1978, which
are now 50 ppm PCBs, do not pose a risk of injury. PCBs at
any concentration are subject to remediation under CERCLA or corrective
action under RCRA. This is not an inconsistency in application of the
various statutes because the 50 ppm PCB level under TSCA is based in
part on the economic impacts of the PCB regulations and not solely on
risk. EPA is not precluded from taking action under any other statute
it administers simply because it has chosen not to regulate use or
disposal or take remedial action under TSCA. For example, a party
begins a cleanup of a historic pre-1978 spill. This site would not fall
under 40 CFR part 761, subpart G and would require Regional approval
for cleanup levels for PCBs at 50 ppm. The soil at the site
is found to vary in concentration between 10 ppm and 100 ppm PCBs. Upon
application to the Regional Administrator, under proposed
Sec. 761.61(c), the site could be cleaned to a specified level, and the
resulting PCB remediation waste treated by chemical dechlorination. Or,
under the proposal, the Regional Administrator could, upon application
and upon a site-specific evaluation, determine that an immobilizing
procedure such as in situ vitrification was a viable alternative. A
disposal application would then be judged by EPA on its overall ability
to protect health and the environment from unreasonable risk of injury
from PCBs. PCBs at levels <50 ppm="" (at="" a="" pre-1978="" disposal)="" would="" still="" be="" subject="" to="" cleanup="" under="" rcra="" and="" cercla="" authorities.="" the="" disposal="" rule="" proposed="" today="" would="" be="" a="" potentially="" ``applicable="" or="" relevant="" and="" appropriate="" requirement''="" for="" pcb="" cleanups="" under="" the="" cercla,="" both="" with="" respect="" to="" the="" disposal="" of="" pcb="" remediation="" wastes="" at="" cercla="" sites,="" and="" with="" respect="" to="" the="" remediation="" approach="" utilized="" and="" the="" residual="" level="" of="" pcbs="" in="" soil.="" however,="" epa="" does="" not="" anticipate="" that="" the="" provisions="" relating="" to="" the="" remedial="" approach="" and="" residual="" levels="" permitted="" will="" significantly="" affect="" cercla="" cleanups,="" because="" the="" rule="" would="" provide="" three="" options.="" generally,="" epa="" would="" be="" likely="" to="" select="" the="" risk-based="" option="" at="" sec.="" 761.61(c),="" which="" would="" give="" the="" agency="" very="" broad="" discretion="" in="" selecting="" a="" remedy.="" one="" commenter="" suggested="" that="" epa="" should="" conduct="" a="" comparative="" risk="" analysis="" of="" all="" possible="" disposal="" techniques="" and="" include="" other="" factors="" such="" as="" transportation="" and="" disposal="" of="" treatment="" residues="" before="" issuing="" a="" pcb="" disposal="" approval="" under="" tsca.="" epa="" does="" not="" believe="" that="" tsca="" authority="" should="" be="" used="" to="" accomplish="" exactly="" what="" cercla,="" an="" all="" encompassing="" proactive="" remediation="" statute,="" was="" designed="" to="" do.="" rather,="" the="" pcb="" disposal="" approval="" process="" under="" tsca="" is="" simply="" one="" of="" determining="" the="" effectiveness="" of="" an="" applicant's="" proposed="" cleanup="" and="" disposal="" options="" for="" pcbs="" in="" achieving="" a="" specific="" standard.="" 5.="" pcb="" remediation="" wastes.="" one="" category="" of="" large="" volume="" pcb="" wastes="" includes="" all="" contaminated="" environmental="" media,="" dredged="" materials,="" municipal="" sewage="" treatment="" sludges,="" commercial="" or="" industrial="" sludges="" in="" or="" from="" any="" pollution="" control="" device="" (contaminated="" as="" the="" result="" of="" a="" spill="" of="" pcbs="" but="" not="" resulting="" from="" the="" incidental="" manufacture="" of="" pcbs);="" soil,="" rags,="" and="" other="" debris="" generated="" as="" the="" result="" of="" a="" spill="" cleanup;="" and="" site="" removal,="" remediation,="" or="" corrective="" action="" waste="" at="" any="" concentration="" of="" pcbs="" and="" in="" liquid="" or="" non-liquid="" form.="" this="" category="" of="" wastes="" would="" be="" referred="" to="" as="" ``pcb="" remediation="" wastes,''="" and="" epa="" is="" proposing="" this="" definition="" at="" sec.="" 761.3.="" in="" response="" to="" comments="" and="" to="" simplify="" the="" application="" of="" these="" amendments,="" epa="" is="" proposing="" that="" pcb="" remediation="" wastes="" include="" both="" liquids="" and="" non-="" liquids="" at="" any="" concentration="" of="" pcbs,="" in="" any="" quantity="" or="" volume,="" regardless="" of="" when="" the="" waste="" was="" generated.="" 6.="" pcb="" non-remediation="" wastes.="" the="" other="" category="" of="" large="" volume="" pcb="" wastes="" would="" be="" referred="" to="" as="" ``pcb="" non-remediation="" wastes.''="" pcb="" non-remediation="" waste="" includes:="" non-liquid="" bulk="" wastes="" or="" debris="" from="" the="" demolition="" of="" buildings="" and="" other="" human="" created="" structures="" where="" the="" construction="" materials="" were="" manufactured="" or="" coated="" (e.g.,="" by="" using="" paint="" containing="" pcbs)="" with="" pcbs="" as="" opposed="" to="" being="" contaminated="" with="" pcbs="" (e.g.,="" through="" a="" spill="" from="" electrical="" equipment);="" wastes="" from="" the="" chopping="" or="" shredding="" of="" automobiles,="" household="" and="" industrial="" appliances,="" or="" other="" white="" goods="" (i.e.,="" shredder="" fluff);="" pcb-="" impregnated="" electrical,="" sound-deadening,="" or="" other="" types="" of="" insulation="" and="" gaskets;="" and="" all="" other="" pcb="" items="" or="" pcbs="" for="" which="" disposal="" requirements="" are="" not="" otherwise="" specified="" in="" sec.="" 761.60,="" regardless="" of="" concentration="" where="" the="" concentration="" at="" the="" time="" of="" disposal="" was="" greater="" than="" or="" equal="" to="" 50="" ppm="" pcbs.="" epa="" is="" proposing="" a="" definition="" of="" ``pcb="" non-remediation="" waste''="" at="" sec.="" 761.3.="" shredder="" wastes="" comprise="" small="" pieces="" of="" metal,="" rubber,="" plastic,="" fabric,="" foam,="" insulation,="" wire,="" cardboard,="" dirt,="" and="" various="" other="" materials.="" demolition="" wastes="" may="" contain="" any="" number="" of="" materials,="" including="" some="" of="" the="" same="" materials="" found="" in="" shredder="" waste.="" the="" results="" of="" shredding="" or="" demolition="" processes="" may="" be="" that="" the="" sources="" of="" pcb="" contamination="" in="" these="" large="" volume="" wastes="" may="" not="" easily="" be="" identified.="" in="" addition,="" some="" decommissioning="" projects="" and="" demolition="" projects="" may="" produce="" large="" quantities="" of="" insulation="" containing="" pcbs.="" shredder="" waste="" is="" also="" the="" ``end="" of="" the="" line''="" for="" many="" items,="" not="" otherwise="" regulated="" for="" disposal,="" that="" find="" their="" way="" into="" the="" scrap="" metal="" stream,="" and="" may="" result="" in="" subsequent="" contamination="" of="" shredder="" waste.="" epa="" acknowledges="" the="" need="" for="" responsibly="" operated="" metal="" recycling="" facilities.="" as="" such,="" epa="" is="" reiterating="" that="" all="" wastes="" containing="" 50="" ppm="" pcbs="" or="" greater,="" including="" shredder="" wastes,="" as="" well="" as="" demolition="" wastes="" and="" large="" volumes="" of="" other="" pcb="" non-remediation="" wastes="" impregnated="" with="" pcbs="" (e.g.,="" insulation),="" are="" regulated="" for="" disposal.="" however,="" epa="" is="" proposing="" at="" sec.="" 761.62="" that="" where="" pcb="" non-="" remediation="" wastes="" are="" the="" result="" of="" processing="" pcbs="" regulated="" for="" disposal,="" the="" wastes="" resulting="" from="" that="" processing="" are="" also="" regulated="" for="" disposal="" even="" when="" the="" resulting="" concentration="" of="" the="" processing="" wastes="" is="" less="" than="" 50="" ppm="" pcb,="" through="" action="" of="" the="" anti-dilution="" provision="" at="" sec.="" 761.1(b).="" where="" the="" waste="" is="" already="" shredded,="" statistically="" valid="" sampling="" and="" analytical="" methods="" acceptable="" to="" epa,="" such="" as="" those="" in="" proposed="" appendix="" iii="" to="" part="" 761,="" may="" be="" used="" to="" characterize="" the="" contamination="" to="" support="" proposals="" for="" various="" disposal="" options.="" under="" the="" tsca="" pcb="" program,="" epa="" will="" not="" accept="" any="" sampling="" method="" that="" mathematically="" masks="" or="" dilutes="" areas="" of="" pcb="" contamination.="" a="" generator="" or="" facility="" owner="" or="" operator="" may="" demonstrate="" that="" no="" pcbs="" greater="" than="" or="" equal="" to="" 50="" ppm="" were="" in="" the="" wastestream="" at="" the="" time="" of="" generation="" or="" that="" all="" wastes="" containing="" pcbs="" are="" exempt="" under="" the="" tsca="" household="" waste="" exemption="" (unit="" ii.d.1.="" in="" this="" preamble).="" conscientious="" operators="" of="" demolition="" activities="" and="" shredding="" facilities="" should="" be="" aware="" of="" known="" sources="" of="" contamination="" that="" can="" readily="" be="" removed="" from="" the="" wastestream="" before="" processing="" and="" disposal.="" these="" sources="" may="" include="" small="" capacitors,="" light="" ballasts,="" or="" pcb-contaminated="" articles="" such="" as="" hydraulic="" equipment.="" proposed="" sec.="" 761.62="" would="" allow="" for="" other="" disposal="" options="" for="" pcb="" non-="" remediation="" wastes="" based="" on="" site-specific="" criteria="" by="" extending="" the="" risk-based="" philosophy="" of="" the="" disposal="" requirements="" for="" municipal="" sludges="" and="" dredged="" materials="" under="" proposed="" sec.="" 761.60(a)(5).="" under="" this="" proposal,="" epa="" could="" also="" require="" as="" a="" condition="" of="" any="" approval="" under="" this="" section="" the="" implementation="" of="" a="" source="" identification="" and="" removal="" program="" to="" control="" the="" level="" (i.e.,="" concentration)="" and="" variability="" of="" pcbs="" in="" the="" wastestream.="" in="" compliance="" with="" current="" restrictions,="" items="" regulated="" for="" disposal="" such="" as="" transformer="" carcasses,="" nonintact="" or="" leaking="" small="" capacitors,="" or="" wastes="" resulting="" from="" unauthorized="" uses="" must="" not="" be="" placed="" in="" the="" metal="" stream="" destined="" for="" shredding="" facilities.="" a.="" risk-based="" disposal.="" in="" general,="" epa's="" preference="" for="" disposal="" of="" pcb="" non-remediation="" wastes="" under="" proposed="" sec.="" 761.62="" is="" to="" approve="" their="" disposal="" in="" a="" well-engineered="" and="" operated="" municipal="" solid="" waste="" landfill="" with="" appropriate="" monitoring="" to="" detect="" releases="" of="" pcbs="" to="" the="" environment.="" facilities="" should="" also="" be="" designed="" and="" operated="" in="" such="" a="" manner="" as="" to="" control="" the="" release="" of="" pcb="" non-remediation="" wastes="" to="" the="" environment="" by="" controlling="" among="" other="" things,="" areal="" dispersion,="" run-on="" and="" runoff,="" and="" leachate="" generation="" and="" management="" from="" the="" waste="" disposal="" units.="" epa="" would="" not="" be="" inclined="" to="" approve="" the="" disposal="" of="" pcb="" non-remediation="" wastes="" as="" fill="" material="" in="" environmentally="" sensitive="" areas="" including="" but="" not="" limited="" to="" sites="" in="" 100-year="" flood="" plains,="" near="" potential="" sources="" of="" drinking="" water,="" in="" wellhead="" protection="" areas,="" and="" in="" residential="" settings.="" pcb="" non-remediation="" wastes="" could="" still="" be="" disposed="" of="" under="" the="" three="" current="" disposal="" options="" of="" incineration,="" chemical="" waste="" landfill,="" or="" any="" alternative="" disposal="" methods="" approved="" under="" tsca="" authorities="" by="" the="" regional="" administrator="" upon="" application.="" under="" the="" proposal,="" if="" the="" waste="" is="" not="" uniform="" in="" pcb="" contamination,="" the="" regional="" administrator="" may="" specify="" appropriate="" limitations="" on="" the="" method="" or="" location="" of="" disposal="" (sec.="" 761.62(c)(4)).="" where="" pcb="" non-remediation="" waste="" is="" stored="" on="" the="" ground="" (e.g.,="" in="" a="" pile),="" any="" soil="" contaminated="" with="" non-remediation="" waste="" would="" be="" regulated="" for="" disposal="" under="" sec.="" 761.61.="" b.="" leachability-based="" disposal.="" as="" an="" alternative="" to="" obtaining="" a="" risk-based="" tsca="" disposal="" approval="" under="" proposed="" sec.="" 761.62(c),="" epa="" is="" proposing="" under="" sec.="" 761.62(b),="" to="" allow="" the="" disposal="" of="" pcb="" non-="" remediation="" waste="" in="" a="" municipal="" solid="" waste="" landfill="" if="" the="" level="" of="" pcbs="" in="" the="" waste="" as="" measured="" by="" the="" toxicity="" characteristic="" leaching="" procedure="" was="" less="" than="" 50="" micrograms="" per="" liter="" (i.e.,="" 50="" ppb)="" and="" the="" landfill="" is="" notified="" in="" writing,="" at="" least="" 15="" working="" days="" prior="" to="" their="" receipt="" of="" the="" waste.="" this="" self-implementing="" option="" would="" be="" available="" to="" only="" the="" pcb="" non-remediation="" waste="" itself="" and="" not="" to="" any="" material="" resulting="" from="" pre-treatment="" such="" as="" microencapsulation="" or="" vitrification="" of="" the="" waste.="" any="" proposal="" to="" process="" (i.e.,="" pretreat)="" pcb="" non-remediation="" waste="" currently="" requires="" an="" approval,="" and="" this="" is="" not="" proposed="" to="" change.="" disposal="" of="" pcb="" non-remediation="" wastes,="" such="" as="" wastes="" from="" automobile="" or="" appliance="" shredders,="" in="" a="" municipal="" solid="" waste="" landfill="" is="" currently="" prohibited="" by="" the="" pcb="" regulations,="" but="" may="" be="" allowed="" by="" epa="" on="" a="" case-by-case="" basis.="" epa="" requests="" comment,="" with="" supporting="" data,="" on="" the="" inclusion="" of="" other="" self-implementing="" options="" for="" the="" storage="" and="" disposal="" of="" pcb="" non-remediation="" wastes="" under="" sec.="" 761.62(b).="" these="" additional="" options="" would="" include="" provisions="" to="" make="" them="" generally="" applicable="" nationwide="" and="" not="" require="" additional="" site-specific="" prohibitions="" or="" limitations.="" c.="" performance-based="" disposal.="" pcb="" non-remediation="" waste="" could="" still="" be="" disposed="" of="" in="" a="" tsca="" approved="" incinerator="" or="" chemical="" waste="" landfill="" under="" proposed="" sec.="" 761.62(a).="" this="" option="" would="" be="" most="" appropriate="" where="" the="" pcb="" for="" pcb="" non-remediation="" waste="" which="" was="" no="" longer="" being="" generated,="" the="" waste="" could="" not="" be="" disposed="" of="" under="" proposed="" sec.="" 761.62(b)="" because="" of="" high="" levels="" of="" leachable="" pcbs,="" and="" where="" the="" situation="" would="" not="" warrant="" the="" expenditure="" of="" resources="" to="" apply="" for="" a="" risk-based="" disposal="" approval="" under="" proposed="" sec.="" 761.62(c).="" 7.="" decontamination="" standards="" and="" procedures.="" epa="" is="" proposing="" several="" changes="" and="" additions="" to="" sec.="" 761.79="" with="" general="" applicability="" throughout="" the="" pcb="" program="" under="" tsca,="" for="" liquids="" and="" non-porous="" surfaces,="" except="" where="" another="" standard="" is="" established,="" for="" example="" in="" a="" rcra="" permit,="" a="" tsca="" pcb="" disposal="" approval,="" a="" superfund="" rod,="" or="" a="" superfund="" enforcement="" decision="" document.="" today's="" proposal="" includes="" a="" general="" decontamination="" standard="" of=""> 10 micrograms PCBs
(g)/100 square centimeters (cm2) (as measured by standard
wipe tests, Sec. 761.123) for a non-porous surface (see proposed
definition at Sec. 761.3) and two decontamination procedures for non-
porous surfaces. The decontamination standard may be achieved using any
disposal or cleaning technique which, in some instances, may require
prior approval by EPA. Although activities such as filtering, soaking,
wiping, stripping of insulation, chopping, scraping, or the use of
abrasives to remove or separate PCBs from contaminated surfaces or
liquids may be processing for disposal as opposed to disposal, EPA is
proposing to waive any requirement to obtain prior approval under TSCA
for these listed activities. EPA also considered whether to include
distillation in this exemption but remains concerned about releases of
volatile and semi-volatile organic compounds to the environment. EPA is
seeking comment on the inclusion of distillation. All residues
containing PCBs from these and other ``disposal'' activities would
remain regulated.
The proposed standard for decontamination of solid surfaces is the
standard in the PCB Spill Cleanup Policy at Sec. 761.125(c)(2)(i). EPA
believes that 10 g PCB/100 cm2 is protective
for disposal or subsequent reuse of the decontaminated surface. This
standard has also been demonstrated to EPA through the PCB disposal
approval process to be achievable through a wide variety of techniques.
The residual cleaning materials containing PCBs would be managed and
disposed of as a PCB waste in accordance with the applicable PCB
disposal regulations in part 761, subpart D. The ``Note'' currently
following Sec. 761.79 would be inserted as introductory text under
Sec. 761.79 to warn those conducting decontamination operations that
compliance with this section would not relieve them of their duty to
comply with other Federal, State, or local requirements for the use and
disposal of solvents. One example is the requirement to comply with the
rules for the disposal of wastes identified or listed under RCRA or
State or local laws as solid, hazardous, or otherwise regulated wastes.
As an alternative to decontamination followed by sampling, for non-
porous surfaces, especially those that cannot be accessed for sampling,
EPA is proposing two non-aggressive procedures for decontamination. The
first procedure is for surfaces contaminated with mineral oil
dielectric fluid (MODEF) with PCB concentrations 10,000 ppm
(see proposed Sec. 761.79(e)). The second procedure is for surfaces
contaminated with higher concentrations of PCBs in MODEF and askarel
PCBs (see proposed Sec. 761.79(f)). Each procedure involves a 15-hour
non-aggressive soaking (i.e., no agitation of the kerosene or movement
of the contaminated surface in the kerosene). Proposed Sec. 761.79(f)
would require a second soak with clean kerosene.
After decontamination using one of these procedures, 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). EPA's research demonstrates
that these two non-aggressive procedures using kerosene should
decontaminate surfaces to a level 10 g/100
cm2. Therefore, confirmatory sampling would not be required. EPA
is requesting comment, supported by laboratory data, on aggressive
versus the proposed non-aggressive decontamination techniques
especially where the volume of kerosene or another solvent proposed by
the commenter can be reduced. EPA recognizes that there is a
possibility that the proposed decontamination procedure may not result
in final surface levels at or below 10 g/100cm2. For
purposes of implementation, if EPA subsequently sampled a
decontaminated surface and found levels above 10 g/100
cm2, the surface would be regulated unless it could be shown by
the owner (i.e., through laboratory documentation) that the original
PCB concentrations were determined, the prescribed procedures in
Sec. 761.79(e) or (f) were followed for those concentrations of PCBs,
and the prescribed volume of PCB rinseate was used and properly
disposed of (i.e., through copies of the manifests and certificates of
disposal).
EPA is also proposing additional language at Sec. 761.79(a) to
clarify that the disposal of solvents, abrasives, or equipment used in
decontamination procedures is regulated and is proposing another
disposal option, specifically disposal in an industrial boiler, for
certain of those solvents. The proposal would also require at
Sec. 761.79(a)(5) that all decontamination activities be conducted with
containment adequate to prevent releases of PCBs to the environment.
EPA is proposing that any decontamination activities conducted in
accordance with the provisions of Sec. 761.79 would not require a PCB
disposal approval from EPA. Workers would have to be protected against
exposure through dermal contact or inhalation; however, EPA is not
specifying what measures must be taken.
The proposal establishes a decontamination standard for water of
0.5 micrograms PCB per liter (0.5 g/l) or approximately 0.5
ppb PCB (see proposed Sec. 761.79(g)). This standard is consistent with
EPA drinking water levels for PCBs at 40 CFR 141.61(c). EPA is
proposing a 0.5 ppb decontamination standard because it is difficult to
ensure that the decontaminated water will not be reused in association
with food or feed or as drinking water for livestock or humans. A
conforming amendment at proposed Sec. 761.20(c)(6) would allow the
unrestricted reuse of water decontaminated in accordance with the level
established in Sec. 761.79(g). The Agency believes that uses of water
at or below the proposed decontamination level would not pose an
unreasonable risk of injury to health or the environment. The proposal
also establishes a decontamination standard for organic liquids, not
associated with remediation wastes, of less than 2 milligrams PCB per
liter (i.e., <2 ppm="" pcb)="" (see="" proposed="" sec.="" 761.79(h)).="" epa="" believes="" that="" placing="" these="" standards="" in="" the="" decontamination="" section="" will="" clarify="" and="" simplify="" the="" implementation="" of="" the="" pcb="" program="" by="" specifically="" defining="" levels="" for="" decontamination="" and="" removing="" the="" prohibitions="" against="" reuse="" (see="" secs.="" 761.20(c)(5)="" and="" (6)).="" the="" proposed="" introductory="" text="" to="" sec.="" 761.60="" states="" in="" part="" that="" ``...pcb="" wastes="" must="" be="" disposed="" of="" in="" accordance="" with="" provisions="" of="" this="" subpart.''="" epa="" interprets="" this="" to="" mean="" that="" any="" pcb="" otherwise="" subject="" to="" the="" disposal="" requirements="" of="" sec.="" 761.60,="" may="" also="" be="" disposed="" of="" through="" decontamination="" under="" proposed="" sec.="" 761.79.="" 8.="" distribution="" in="" commerce="" and="" use="" of="" decontaminated="" equipment,="" structures,="" and="" materials.="" the="" agency="" is="" proposing="" a="" conforming="" amendment="" to="" the="" current="" provisions="" of="" sec.="" 761.20(c)="" as="" an="" exception="" to="" the="" general="" prohibition="" against="" the="" distribution="" in="" commerce="" and="" use="" of="" equipment,="" structures,="" and="" materials="" unless="" they="" are="" decontaminated="" under="" a="" tsca="" approval,="" or="" the="" provisions="" at="" proposed="" sec.="" 761.79.="" this="" amendment="" is="" important="" because="" it="" causes="" the="" scope="" of="" the="" pcb="" prohibitions="" in="" this="" section="" to,="" among="" other="" things,="" specifically="" conform="" to="" the="" current="" use="" of="" tsca="" disposal="" approvals="" in="" establishing="" decontamination="" or="" cleanup="" levels="" (see="" proposed="" sec.="" 761.20(c)(4)).="" epa="" also="" proposes="" at="" sec.="" 761.20(c)(7)="" to="" exempt="" from="" the="" general="" prohibition="" on="" use="" of="" pcbs,="" surfaces="" (e.g.,="" equipment)="" which="" comes="" in="" contact="" with="" pcbs="" or="" pcb="" wastes="" at="">50 ppm by allowing its
continued use until thw surface exceeded the appropriate
decontamination standard, at which point it would have to be
decontaminated or disposed of. The Agency believes that the further
use, or distribution in commerce of items decontaminated or cleaned up
to specific standards established in applicable EPA PCB spill cleanup
policies, Sec. 761.79, or a TSCA approval would not present an
unreasonable risk of injury if the decontaminated items are not used or
reused in association with food, feed, or drinking water. For water, a
standard is being proposed at Sec. 761.20(c)(6) that is stringent
enough to allow unrestricted distribution or reuse of the
decontaminated water. In Sec. 761.20(c)(7), the Agency is proposing to
allow the restricted distribution or reuse of solid, nonporous surfaces
that have been contaminated by regulated PCBs if the final PCB
concentration meets the decontamination standard proposed at
Sec. 761.79(d), regardless of the original concentration of the PCBs.
Although any liquid (e.g., a solvent) or solid (e.g., an abrasive) used
for decontamination would remain regulated, the decontaminated surface
could be distributed or reused pursuant to proposed Sec. 761.20(c)(5)
and (6).
9. Processing for disposal. Current Sec. 761.20(c)(2) says in part
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.'' The preamble language addressing this
section (see 44 FR 31527, May 30, 1979) explained that the provision
was intended to apply to the concentration of PCBs in a manufacturing
waste stream where the wastes resulted from the manufacture and
processing of PCBs for use. EPA is clarifying how this paragraph
applies to the disposal of all PCBs, including those removed from use.
Today, EPA is broadening the exemption for processing for disposal by
identifying which processing for disposal does not require an approval
and which processing for disposal does require a PCB disposal approval.
EPA clarifies that processing activities which are primarily associated
with and facilitate the storage and transportation of PCBs for disposal
would not require an approval. Processing activities which are
primarily associated with and facilitate treatment, as defined in
Sec. 261.10, or land disposal, rather than storage or transportation
for disposal would require an approval unless the processing was part
of an activity already included in an approval or other authorization
in subpart D of this part, for example in Secs. 761.61(a), 761.62(b),
or 761.79.
Specifically, EPA is implementing the existing provisions at
Sec. 761.20(c)(2) as follows:
(a) Processing activities which are primarily associated with and
facilitate storage or transportation for disposal do not require a TSCA
PCB disposal approval. Examples include, but are not limited to
removing PCBs from service (e.g., draining liquids), packaging or
repackaging PCBs for transportation for disposal, or combining
materials from smaller containers into larger containers in accordance
with Sec. 761.1(b).
(b) Processing activities which are primarily associated with and
facilitate treatment or land disposal require an approval unless they
are part of an existing approval or are part of a self-implementing
activity such as Sec. 761.61(a) and Sec. 761.79 or otherwise
specifically allowed under 40 CFR part 761, subpart D. Examples include
but not limited to microencapsulation; pulverization; particle size
separation; employing augers or hoppers to facilitate feeding non-
liquid PCBs into a disposal unit; and directly piping liquid PCBs into
a disposal unit from PCB items, storage containers or bulk transport
vehicles; or 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.
(c) With the exception of provisions in Sec. 761.60(a)(2) or (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
included in a disposal approval or comply with the requirements of
Sec. 761.79.
(d) 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.
B. Large Volume PCB Articles
Section 761.3 currently defines ``PCB Article'' as any manufactured
article, other than a PCB Container, that contains PCBs and whose
surface(s) has been in direct contact with PCBs. ``PCB Article''
includes capacitors, transformers, electric motors, pumps, pipes, and
any other manufactured item (1) that is formed to a specific shape or
design during manufacture, (2) that has end use function(s) dependent
in whole or in part upon its shape or design during end use, and (3)
that has either no change of chemical composition during its end use or
only those changes of composition that have no commercial purpose
separate from that of the PCB Article.
The large volume article disposal proposals differ from the
existing PCB Article disposal regulations in two ways: they focus more
on the presence of PCBs rather than on the presence of PCB containing
liquids; and the proposed changes focus more on the decontamination of
portions of the articles for purposes of another use (metal recovery)
or reuse (by verifying the absence of PCBs presumed present), rather
than for outright disposal (i.e., destruction or landfilling) of the
article.
1. Disposal. The current Sec. 761.60(b)(5) would be redesignated as
Sec. 761.60(b)(6). The new Sec. 761.60(b)(6)(ii) would be amended to
include language allowing disposal in industrial furnaces (as defined
in the proposed Sec. 761.3) of drained PCB-Contaminated Articles. A new
Sec. 761.60(b)(6)(iii) would be added to address PCB Articles with
surfaces contaminated with PCBs, but which contain no liquids by which
to characterize the article.
With respect to Sec. 761.60(b)(6)(ii), although not explicitly
provided for in the current regulations, EPA in the past, has
interpreted disposal in an industrial furnace, as defined in proposed
Sec. 761.3, as an appropriate method of disposal also for drained PCB-
Contaminated Transformers and drained PCB-Contaminated natural gas
pipeline (see Ref. 25).
Currently, the regulations specifically state that ``salvage'' is
an acceptable form of disposal for ``PCB hydraulic machines''
containing PCBs at concentrations of 50 ppm
(Sec. 761.60(b)(3)). The word ``salvage'' has been interpreted by EPA
to allow smelting of ``PCB hydraulic machines'' that have been drained
of all free flowing liquid. (See Ref. 21) In addition to disposal of
hydraulic machines, which have been drained of hydraulic fluids, in
municipal or industrial landfills, EPA is proposing to amend
Sec. 761.60(b)(3) to allow salvage by disposal in industrial furnaces,
as defined in proposed Sec. 761.3. It should be noted that PCBs, not
just free flowing liquids, associated with the PCB Articles must be
removed from the surface of the item before the item may be
reintroduced into commerce. EPA is seeking comments and data on
disposal techniques such as disposal in industrial furnaces for
inclusion in this amendment.
The new Sec. 761.60(b)(6)(iii) addresses PCB Articles with surfaces
contaminated with PCBs, but which contain no liquids by which to
characterize the article. This category of PCB Articles would include,
but not be limited to, ship hulls, air handling systems, and other
articles that could be characterized by a wipe sample. As a point of
clarification, EPA believes that PCB-Contaminated Electrical Equipment
with porous material in its core will probably not rapidly be able to
meet the requirement of being drained, because the porous core will
continue to release liquid for an extended period of time after the
initial liquid is drained from the unit. In these cases EPA recommends
that the core and any other sorbent material be removed and placed in a
TSCA approved chemical waste landfill.
PCB-Contaminated Articles regulated under proposed
Secs. 761.60(b)(6)(ii) or (iii) would be required to be disposed of in:
a facility permitted, licensed, or registered by a State to manage
municipal or industrial solid waste (excluding thermal treatment
units), an industrial furnace (defined in proposed Sec. 761.3)
operating in compliance with the requirements of Sec. 761.60(a)(4), or
other TSCA approved disposal facilities.
As a point of clarification, the phrase ``is not regulated for
disposal'' at current Secs. 761.60(b)(4) and (b)(5)(ii) does not mean
that drained PCB-Contaminated Electrical Equipment and PCB Articles may
be sold, distributed in commerce for sale or use, or reused without an
exemption under these rules. The phrase only means that a waste can be
disposed of, in accordance with the definition of disposal at
Sec. 761.3, without a TSCA PCB approval.
2. Open burning and industrial furnaces. Currently,
Sec. 761.60(b)(4) and (b)(5)(ii) provide that drained PCB-Contaminated
Electrical Equipment (except capacitors) and drained PCB-Contaminated
Articles are not regulated for disposal. EPA chose not to regulate the
disposal of certain PCBs because it found that the risks were not
unreasonable. However, EPA is aware that certain PCBs have been
disposed of through ``open burning'' (e.g., the burn-out of core
materials in PCB-Contaminated Transformers) without adequate provision
for efficient combustion and control of gaseous combustion products.
EPA currently controls the combustion of PCBs through incinerator and
industrial boiler criteria set out at Sec. 761.70, to limit the release
of PCBs and the production or release of byproducts of the incomplete
combustion of PCBs such as dioxins and furans. EPA is proposing at
Sec. 761.3 a definition of ``open burning'' that is consistent with
RCRA's definition at 40 CFR 260.10, a ban on the practice of open
burning. Open burning can result in the volatilization of PCBs and
several toxic products of incomplete combustion including
polychlorinated dibenzofurans; 2,3,7,8-tetrachlorodibenzofuran;
polychlorinated dibenzo-p-dioxins; and 2,3,7,8-tetrachlorodibenzo-p-
dioxin.
This provision would prevent open burning of regulated PCBs in
State permitted, licensed, or registered municipal solid waste
combustors (i.e., thermal treatment unit) unless the combustor met the
requirements for an industrial furnace set out at proposed Sec. 761.3
and Sec. 761.60(a)(4). To facilitate the Regional Administrator's
review of the operation of an industrial furnace, a site-specific risk
assessment would need to accompany any request for a Regional
Administrator's determination of no unreasonable risk. This risk
assessment could be in the form of a permit issued under RCRA or the
Clean Air Act, or as a separate determination issued by the Regional
Administrator prior to combustion of PCBs.
Industrial furnaces, as defined in 40 CFR 260.10, are being
proposed as an acceptable form of disposal when as industrial furnace
combusting PCBs does not release unreasonable levels of PCBs to the
environment. To help ensure that PCBs disposed of in an industrial
furnace do not pose an unreasonable risk of injury to health or the
environment, EPA is proposing at Sec. 761.60(a)(4) that industrial
furnaces used for disposal of PCBs be operated under either a RCRA
permit (40 CFR part 266, subpart H and 40 CFR 270.66) for industrial
furnaces or a valid State air permit that includes a standard for PCBs,
and that the industrial furnaces be in compliance with the conditions
of their permit. Where an industrial furnace does not meet the permit
requirements, upon written request by the owner or operator of the
industrial furnace, the Regional Administrator may make a finding, in
writing, that the combustion of PCBs in certain industrial furnaces
would not pose an unreasonable risk to health or the environment if the
industrial furnace is operating in compliance with the proposed
conditions discussed below even though it does not have RCRA or State
air permits. EPA is amending Form 7710-53, ``Notification of PCB
Activity,'' to include a category for industrial furnaces and is
proposing that owners of this equipment comply with the notification
requirements of Sec. 761.205 by notifying the Agency that their
equipment is used to dispose of PCBs. (For the reader's convenience, a
copy of the revised form is reproduced at unit III.J. of this preamble
and may be used to notify EPA of PCB waste handling activities. The
form will nolonger be shown in 40 CFR part 761.)
The following operating conditions are being proposed at
Sec. 761.60(a)(4) for industrial furnaces disposing of PCB-Contaminated
Items. The conditions are: (1) The operating temperature of the
industrial furnace must be at least 1,000 deg. C (centigrade) at the
time it is charged; (2) each charge must be fed into molten metal or
metal at or above 1,000 deg. C; (3) successive charges must not be
introduced into the hearth in less than 15 minute intervals, (4) there
shall be no visible particulate emissions from the stack during PCB
disposal (as determined by Method 9 in 40 CFR part 60 Appendix A), (5)
there shall be no visible fugitive particulate emissions from the
industrial furnace building during PCB disposal (as determined by
Method 9, in 40 CFR part 60 Appendix A); (6) the industrial furnace
must have an operational device which accurately measures, directly or
indirectly, the temperature in the hearth; and (7) a reading of the
temperature in the hearth at the time it is charged must be taken,
recorded, and retained at the facility for 3 years from the date each
charge is introduced. If EPA ever determined that an industrial furnace
was not operating in compliance with one or more of the conditions
proposed in Sec. 761.60(a)(4), was not operating under and in
compliance with a valid RCRA permit or State air permit (with an
emissions standard for PCBs) or a finding by the Regional
Administrator, the owner or operator of that industrial furnace would
be deemed to be conducting ``open burning'', and would be, among other
things, prohibited from introducing any additional PCB wastes into the
unit. Examples of acceptable industrial furnaces which could meet the
proposed operating conditions include, but are not limited to, electric
arc furnaces, blast furnaces, and open hearth furnaces. If drained PCB-
Contaminated Items are charged at less than 1,000 deg. C into a furnace
chamber and the furnace gas emissions from this chamber passed through
a secondary combustion chamber, this kind of furnace shall be approved
according to Sec. 761.60(e). This disposal option would not be
available for TSCA regulated PCB liquids.
As a conforming change, due to the proposed ban on open burning,
EPA is proposing to delete the phrase ``is not regulated by this rule''
from the PCB regulations at Sec. 761.60(b)(4), governing disposal of
drained PCB-Contaminated Electrical Equipment, except capacitors and
(b)(5), governing disposal of drained PCB-Contaminated Articles. The
proposal would substitute the phrase ``may be disposed of in a facility
permitted, licensed, or registered by a State to manage municipal or
industrial solid waste (excluding thermal treatment units), an
industrial furnace as defined in Sec. 761.3, operating in compliance
with the requirements of Sec. 761.60(a)(4), or a disposal facility
approved under this part.'' The purpose of these proposals is to
promote, with minimal regulatory burden, certain recycling practices
such as smelting for the recovery of metals and to stop such practices
as the unapproved burning of PCB liquids, contaminated wood or paper
cores, or contaminated insulation even where there may be a claim of
energy recovery unless specifically allowed elsewhere by these
regulations.
Some commenters to the ANPRM advised EPA against proposing controls
on industrial furnaces, stating that current processes were adequate.
However, another group of commenters recommended that either additional
controls be placed on industrial furnaces or that drained PCB-
Contaminated Items be otherwise regulated for disposal. These
commenters suggested environmental harm could be caused by the
unregulated combustion of PCB-Contaminated Items.
EPA believes that responsibly run industrial furnaces provide a
valuable recycling benefit and that the current Federal regulatory
matrix in conjunction with the proposed operating standards would
provide adequate controls on any potential emissions.
3. Characterization of PCB Articles. Under Sec. 761.60(b)(5) of the
current rules, PCB Articles are characterized by the PCB concentration
found in the free flowing liquid. This method is appropriate for
electrical equipment containing PCBs and some other articles containing
PCBs. However, it may not be appropriate for PCB Articles whose
surfaces may be contaminated with a very light coating of liquid which
is not free flowing. In these instances, EPA is proposing at
Sec. 761.60(b)(6) that the standard wipe test be used to characterize
these articles. Nonporous surfaces including, but not limited to, ship
hulls and air handling systems could be wipe sampled under proposed
Sec. 761.60(b)(6)(iii), pursuant to the wipe sampling guidelines, at
locations that accurately characterize the article. Areas directly in
contact with PCBs would have to be sampled. Any nonporous surface found
to be contaminated with PCBs at <100 micrograms="" per="" 100="" square="" centimeters="" could="" be="" disposed="" of="" in="" an="" industrial="" furnace.="" other="" articles="" found="" to="" be="" contaminated="" with="" pcbs="" at="">100
micrograms per 100 square centimeters must be disposed of in a TSCA
approved incinerator or placed in a TSCA approved chemical waste
landfill. EPA is proposing to limit the application of the wipe test to
characterize items for disposal to certain articles. The wiped surface
must be non-porous for the test to accurately characterize the
contamination level of the article. However, a standard wipe test may
be applicable to other PCB Articles with porous surfaces under an
alternative disposal approval (Sec. 761.60(e)). Any article may also be
disposed of through decontamination under proposed Sec. 761.79, as
applicable.
4. Characterization of natural gas pipeline. A new
Sec. 761.60(b)(5) and Appendix I would be created to address disposal,
including abandonment in place, and removal of natural gas pipeline.
This section proposes the characterization of natural gas pipeline by
direct analysis of pipeline fluids, commonly found in pipeline
``drips'' and geographic low points or the use of the standard wipe
test for characterization purposes, if liquid samples are not
available. Natural gas pipeline being removed from service which is
characterized as PCB-Contaminated, that is, between 50 and less than
500 ppm PCBs in pipeline fluids or, for drained pipe, those segments
which are greater than 10 to less than 100 micrograms PCB per 100
square centimeters, as characterized by the standard wipe test, may be
disposed of in a facility which is permitted, licensed, or registered
by a State to manage municipal or industrial solid waste (except
thermal treatment units), in an industrial furnace operating in
compliance with the requirements of Sec. 761.60(a)(4), or in a TSCA
approved disposal facility. Natural gas pipeline characterized at 500
ppm PCB or greater in its condensate liquids or 100 g/
100cm2 PCB or greater in a standard wipe sample could be removed
and managed in a TSCA approved disposal facility, as a PCB non-
remediation waste under proposed Sec. 761.62 or decontaminated under
proposed Sec. 761.79. Natural gas pipeline with an inside diameter of 4
inches or less is proposed to be disposed of in the same manner as PCB-
Contaminated pipeline.
The natural gas pipeline industry routinely takes segments of
pipeline out of service by abandoning the segments in the right-of-way.
EPA is proposing several options for natural gas pipeline that would be
abandoned in place. Natural gas pipeline at any concentration of PCBs,
containing no free-flowing liquid and with an inside diameter of 4
inches or less, could be abandoned in place by filling the pipe to 50
percent of the volume with cement or other materials listed in proposed
Sec. 761.60(b)(5) or placing the abandoned segment in a public service
notification program and under either option, sealing the ends shut.
PCB-Contaminated natural gas pipeline of any diameter could be
abandoned in place if it contained no free flowing liquids and each end
was sealed shut. Natural gas pipeline at concentrations of 500 ppm PCBs
or greater, or 100 /100cm2 PCBs or greater could be
abandoned in place if it was either washed once with diesel fuel or
filled to 50 percent of its volume with cement or other materials
listed in proposed Sec. 761.60(b)(5) and, in either case, each end was
sealed. Where natural gas pipeline of any diameter or PCB concentration
is abandoned in certain listed locations that could be difficult to
sample, the segments would be filled to 50 percent with cement or other
materials listed in proposed Sec. 761.60(b)(5), unless cement was
specified as a requirement for abandonment.
EPA proposes, in Appendix I, details on how to characterize natural
gas pipelines containing PCBs for abandonment and removal. Appendix I
would require that natural gas pipeline containing PCBs be wiped on the
lowest point on the inside surface of each end of a removed segment of
pipe as that point would be determined prior to removal from the
ground. Where the pipe was removed from the ground, the removed segment
to be sampled could not exceed 40 feet in length. Segments of natural
gas pipe removed from the ground for disposal would be required to be
sampled at each end. A length of pipe having seven or fewer segments
that was removed for disposal would have to be sampled at each end of
each segment. For removal of multiple contiguous segments, greater than
seven segments but less than 3 miles in total length, samples would be
required from both ends of the first and last segments removed and both
ends of five randomly chosen segments in between (with this scheme
producing seven sampled segments). For removal of multiple contiguous
segments more than 3 miles in total length, samples would be required
from both ends of the first segment and both ends of each segment that
is one-half mile distant from the segment previously sampled (with this
scheme producing a minimum of seven sampled segments).
For pipe to be disposed of, the analytical results of both samples
from each segment sampled would be averaged to determine the level of
contamination. If any average sample results from any segment removed
were greater than 10 to less than 100 micrograms PCB/100 square
centimeters, then that segment would be considered PCB-Contaminated. If
any average sample results from multiple contiguous segments removed
were greater than 10 micrograms PCB/100 square centimeters then all
unsampled segments in that removal would be presumed to be contaminated
with PCBs at that level. Other sampling regimes could be approved in a
disposal approval issued under Sec. 761.60(e) or Sec. 761.62(c).
C. PCB/Radioactive Wastes
The Agency solicited through the ANPRM information and comments
regarding the regulation under TSCA of the continued use, storage, and
disposal of mixtures, items, and wastes with both PCB and radioactive
constituents. Information was requested to be used to propose criteria
for developing an authorization for the continued use, storage, and
disposal of such materials, which would minimize risks to health and
the environment from PCBs. With respect to radioactive components, the
proposed criteria would achieve compliance with requirements
established under the authority of the Atomic Energy Act (AEA) as
amended (42 U.S.C. 2011) and maintain doses from radioactive materials
regulated under the AEA at a level that is ``As Low As Reasonably
Achievable'' (ALARA) (40 FR 19442, May 5, 1975; 10 CFR part 50,
Appendix I).
The Nuclear Regulatory Commission (NRC) and the Department of
Energy (DOE) participated in the identification of situations of
potential concern due to the presence of radionuclides and the
development of the proposed waste management options for PCB/
radioactive waste, as reflected in this section.
The ANPRM stated that neither TSCA nor the PCB regulations has
waiver provisions similar to those under RCRA and solicited comments on
amending the 1-year time limit for storage and disposal for PCBs at 40
CFR 761.65(a) where no disposal technology exists. An extension to the
1-year storage and disposal requirement could also be appropriate for
situations where the disposal capacity or the time necessary to
complete the disposal are insufficient. This approach would provide
flexibility on a case-by-case basis to address specific use scenarios
or storage requirements and issues unique to PCB/radioactive waste
management.
The majority of comments supported flexibility in extending the 1-
year time limit for storage and disposal, and concurred with the
proposal that such extensions or waivers should be determined on a
case-by-case basis. Some commenters suggested a general regulatory
waiver or variance to the 1-year time limit for storage and disposal
requirement. Still another commenter suggested that EPA grant an
exemption similar to the national capacity variance to RCRA's hazardous
waste land disposal restriction requirements. Other commenters proposed
a ``good faith'' showing by contacting disposal facilities nationwide
and certifying that disposal capacity is not available for wastes
remaining in storage. Many commenters also supported extending or
waiving the 1-year time limit for storage and disposal requirement for
materials like PCB/radioactive waste. Commenters recommended extensions
for problems such as: a lack of disposal or treatment technology, a
lack of disposal or treatment capacity, and a lack of sufficient time
to complete the disposal process (e.g., bioremediation).
EPA, in Unit III.G.3 of this preamble, is proposing to amend 40 CFR
761.65 to allow for self-implementing and case-by-case extensions to
the 1-year time limit for storage and disposal requirement for any PCB
wastes. PCB/radioactive wastes are included in that proposal.
Proposed Sec. 761.65(a)(2) would provide the Regional Administrator
for the Region where the waste is being stored, or the Director,
Chemical Management Division (CMD), authority to grant extensions to
the current 1-year time limit for storage and disposal of PCBs,
including PCB/radioactive wastes. An extension could be granted based
on a determination by the Regional Administrator or the Director, CMD,
that there was a demonstrated need or justification to store or conduct
disposal of wastes beyond 1 year and that no unreasonable risks of
injury to health or the environment would result from an extension of
the storage period. Criteria for extension would include, but not be
limited to, a demonstrated need to store wastes beyond the 1-year time
frame due to a lack of disposal capacity, the absence of a treatment
technology or insufficient time to complete the treatment/destruction
process, and a demonstration that relevant treatment or disposal
requirements are being pursued.
The problem of capacity shortfalls is expected to continue for some
time after the disposal technology has been developed because of the
large volume of stored PCB/radioactive wastes awaiting disposal. As an
example of capacity problems, DOE operates a Regional disposal facility
at Oak Ridge, Tennessee, for PCB/RCRA/radioactive mixed wastes. Fifty
million pounds of wastes are currently in storage for disposal at
several Regional sites. Current generation rates at the various
facilities that rely on Oak Ridge for disposal are approximately 5
million pounds per year. The maximum disposal rate for the unit is
approximately 3.09 million pounds per year. Current projections
indicate that it will take 30 to 50 years to dispose of the current
materials in storage and all the wastes yet to be generated using the
facility as currently configured (Ref. 11). Therefore, DOE is not
expected to meet the 1-year time limit for storage and disposal
requirement even though it is pursuing additional capacity.
Several commenters requested that under TSCA, the PCB and
radioactive wastes in a mixture not be confused with the term ``mixed
wastes'' under RCRA. EPA agrees and proposes to apply the term ``PCB/
radioactive wastes'' or ``PCB/fissionable radioactive waste'' (See
proposed definition at Sec. 761.3) as opposed to ``mixed wastes'' to
wastes containing PCBs and radioactive constituents subject to
regulation under TSCA and the AEA.
EPA disagrees with those cementers indicating that there is no
disposal technology approved under TSCA for PCB/radioactive waste.
Incineration technology is available; however, there is no commercial
disposal capacity and only limited disposal capacity for incineration
of PCB/radioactive waste (e.g., the DOE incinerator at Oak Ridge, TN).
Therefore, facilities storing PCB/radioactive waste often cannot comply
with the 1-year time limit for storage and disposal because
insufficient disposal capacity exists. Until additional disposal
capacity becomes available, PCB/radioactive wastes will require
storage, generally exceeding the 1-year time limit for storage and
disposal for PCBs. Even as capacity increases, there will still be
requests for extensions of the 1-year time limit for storage and
disposal because of the sheer volume of materials in storage.
Therefore, EPA is not proposing to place a specific time limit on the
extension to the 1-year time limit for storage and disposal. Recipients
of an extension to the 1-year time limit for storage and disposal would
have to request, if needed, and receive from the Regional Administrator
or Director, CMD periodic renewals to their original extension. It is
possible that the same reasons that apply to an original extension
request may apply to any subsequent requests because no progress in
developing a disposal technology has occurred.
One commenter stated that annual status reports for PCB/radioactive
wastes in storage for disposal should be required and updated annually
on July 15 to coincide with the submission of the PCB Annual Report for
each facility. Status reports or reviews of existing extensions may be
conditions established by the Regional Administrator or Director, CMD
providing the extension.
Several commenters suggested that EPA amend Sec. 761.65 to
accommodate concerns relating to management and storage and the
uniqueness of PCB/radioactive wastes. There are certain elements
relating to storage of radioactive wastes containing plutonium or
enriched uranium that require consideration of criticality safety
(i.e., the prevention of nuclear reactions that would pose a threat to
health and the environment). All actions relating to criticality or
radiation protection issues must be coordinated through, and approved
by, the local office of the regulatory authority for radioactive
material regulation; for licensed nuclear facilities, this would be the
appropriate NRC Regional Office or State radiation protection authority
office. The issue of criticality relates to proper storage of
fissionable materials so that a continuous self-sustaining chain
reaction does not occur. [DOE Order 5480.5 states that ``nuclear
criticality is a self sustaining chain reaction, i.e., the state in
which the effective neutron multiplication constant of a system of
fissionable material equals or exceeds unity.''] Proper storage of
fissionable material is essential to avoid a criticality event. A self-
sustaining chain reaction (i.e., criticality) will not result in an
atomic explosion. However, it can result in the generation of harmful
radiation that can cause death or serious injury (Ref. 54).
The issue of criticality relates to the types of containers used to
store the fissionable materials or suspect fissionable materials and
the storage area. EPA is proposing to amend Sec. 761.65(c)(6) by
allowing an alternative to the container requirements approved by the
Department of Transportation (DOT) for PCB/fissionable radioactive
wastes. Containers used to store liquid PCB/fissionable radioactive
wastes would have to be nonleaking. Containers used to store both
liquid and non-liquid PCB/fissionable radioactive wastes would need to
be designed to meet nuclear criticality safety requirements such as
those specified in the American National Standard for Nuclear
Criticality Safety in Operations with Fissile Materials Outside
Reactors (ANSI Standard No. 8.1). The standard currently includes
polyethylene and stainless steel as acceptable container materials
providing they are chemically compatible with the wastes being stored.
Some containers designed to prevent the buildup of liquids could be
used to store non-liquid fissionable PCB/radioactive wastes, provided
they are stored in an area which would contain any spilled liquids. If
any such containers were found to be leaking, their contents would have
to be transferred immediately to non-leaking containers, and the leaked
or spilled materials cleaned-up taking into account relevant safety
procedures appropriate for radioactive materials.
EPA is also proposing to amend Sec. 761.65(b)(1)(ii) to allow
storage areas for PCB/fissionable radioactive wastes to meet
performance criteria for containment volume rather than specific
requirements for curb height. This amendment would retain the current
requirements that facilities storing PCB/fissionable radioactive wastes
store those materials in a storage area meeting the containment volume
requirements equal to at least two times the internal volume of the
largest PCB container stored therein or 25 percent of the total
internal volume of all PCB containers stored therein or whichever is
greater, but would not impose curb height requirements for these
wastes.
Several commenters stated that PCB/radioactive wastes may also
contain additional materials such as asbestos that cannot be
incinerated. EPA believes that technology exists which allows PCBs to
be separated from other materials (e.g., radioactive waste or
asbestos). EPA recommends that whenever possible PCBs be separated from
other wastes; however, today's proposal does not contain requirements
for separating PCBs because guidance for separating PCBs, from water
for example, already exists. EPA had developed a policy allowing the
physical separation of PCBs from other wastes, so long as all waste
parts separated from the original PCBs are regulated (TSCA Compliance
Program Policy 6-PCB-2).
One commenter indicated that EPA does not have the jurisdiction to
regulate radioactive PCBs under TSCA. EPA agrees in part and disagrees
in part. TSCA section 3(2)(B)(iv) states that the term ``chemical
substance'' does not include ``any source material, special nuclear
material, or byproduct material (as such terms are defined in the
Atomic Energy Act of 1954 and regulations issued under such Act).''
Generators of PCB/radioactive waste are subject to regulatory oversight
for radioactive materials under the Atomic Energy Act of 1954 as
amended (DOE or NRC). EPA, on the other hand, has regulatory oversight
for PCBs under TSCA. Thus, generators of PCB/radioactive waste must
comply with both EPA and NRC regulations, State requirements, or DOE
Orders. Mixtures of radioactive PCB molecules and non-radioactive PCB
molecules that cannot be separated are subject to TSCA and the AEA
because, for regulatory purposes, when separation of the PCB molecules
is not achieved, the statutory exemption does not extend to
nonradioactive PCBs in a mixture. It should be noted that regulation of
PCB/radioactive mixtures under TSCA and the AEA applies to both wastes
and non-wastes. The NRC and DOE participated in the development of this
section in order to ensure compatibility between TSCA and AEA.
D. Issues Not Addressed When the Rules Were Originally Promulgated
In the ANPRM, EPA solicited comments on whether to establish a
household waste exemption under TSCA, and information regarding current
PCB uses that are not authorized in the regulations. Items 1 and 2
below discuss the household waste exemption and unauthorized use
issues. In responding to these issues, several commenters raised
questions regarding the disposal requirements for certain items
containing PCBs; these issues are addressed under Item 3.
1. Household waste exemption. EPA solicited comments in the ANPRM
on whether a household waste exemption, similar to the household waste
exclusion under RCRA at 40 CFR 261.4, should be established under the
TSCA PCB disposal regulations. The RCRA household waste exclusion
exempts from the hazardous waste requirements any material that was
derived from households (including single and multiple residences,
hotels and motels, bunk houses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day use recreation areas). Examples of
household waste under the RCRA exclusion include garbage, trash, and
sanitary wastes in septic tanks. Under the RCRA criteria, household
waste is limited to: (1) Waste generated by individuals on the premises
of a household, and (2) waste composed primarily of materials found in
the wastes generated by consumers in their homes (49 FR 44978, November
13, 1984). Additionally, EPA sought comments on the types of PCB wastes
for which such an exemption would be applicable. In today's notice, EPA
is proposing a household waste exemption for any waste containing PCBs
generated by individuals on the premises of private households
(including single or individually owned or rented units of a multi-unit
construction) primarily found in wastes generated by consumers in their
homes, i.e., domestic wastes (see proposed regulatory text at
Secs. 761.3 and 761.63). This change in the PCB regulations would
authorize private homeowners, including individually owned or rented
units of a multi-unit construction, to dispose of their unwanted
household items that contain hazardous and toxic wastes under a
municipal solid waste collection program without fear of recrimination
even though the homeowner may have knowledge of the existence of PCBs
in the household appliance.
EPA received roughly a dozen comments, and all but two supported
the establishment of a household waste exemption. Some commenters
provided additional caveats on how such an exemption should be
structured. Comments in favor of the household waste exemption
essentially fell into four categories: (1) Broadly define the scope of
the exemption, (2) consider the impact of the exemption on recycling
activities, (3) limit the scope of the exemption, and (4) address other
disposal considerations (i.e., the disposal of materials containing
PCBs used in the construction of residential buildings). Commenters not
in favor of the TSCA proposal for an exemption questioned whether there
should be a household waste exemption under either TSCA or RCRA, and
whether the volume of waste containing PCBs which was generated from
households was significant enough to warrant an exemption. EPA's
responses to the four broad categories of comments are provided below.
a. Broadly define exemption. Those in favor of establishing a
household waste exemption suggested broadly defining the activities
that would qualify for the exemption. One commenter suggested EPA use
the definition for ``Municipal solid wastes'' found at Sec. 761.3 to
define the scope of the household waste exemption. Municipal solid
wastes are defined as ``garbage, refuse, sludges, wastes and other
discarded materials resulting from residential and non-industrial
operations and activities, such as household activities, office
functions, and commercial housekeeping wastes.'' However, if such a
change was made, the exemption would include items EPA believes should
not be excluded from regulation (e.g., PCB wastes from offices and
commercial activities). Another commenter stated that commercial
buildings should also be included in a household waste exemption
because the wastes generated at these buildings may be from the same
sources and types of equipment found in the household.
The effect of banning the manufacture, processing, and distribution
in commerce of PCBs, coupled with actions taken to limit the use of
PCBs, focuses the Agency's concern on activities where the continued
use of PCBs has been authorized (i.e., industrial or commercial-scale
settings such as utilities, manufacturing sites, construction/
renovation/demolition projects, etc.) rather than on household settings
where appliances with PCBs may not generally be found (Ref. 32).
Additionally, industrial and commercial-scale PCB disposal activities,
because of the risks associated with the greater volume of PCB wastes
generated by these activities, require a level of protection for health
and the environment that can best be achieved through demonstrated and
effective PCB destruction and containment technologies. Therefore, EPA
is not persuaded that a broadly defined household waste exemption,
encompassing large volumes of commercial-scale PCB wastes, would be
protective of health and the environment.
b. Impact on recycling activities. One commenter stated that the
exemption should include waste generated by households but diverted or
removed from the wastestream for purposes of recycling. Another
commenter stated EPA should control the recycling and storage of
household waste (e.g., increase the storage timeframe from 1 to 2
years). The final set of comments associated with this category
suggested EPA take steps to encourage municipal collection programs for
PCBs.
The recycling of household waste contaminated with PCBs surfaced as
a national issue during 1985-86 when the problem of PCB contamination
in shredder fluff (i.e., the non-metallic residue from the shredding
process) was first identified. Since that period, EPA has conducted a
pilot study of the shredding industry to ascertain, among other things,
the source of the PCB contamination (Ref. 34). When the fluff
contamination problem first surfaced, PCB Small Capacitors in household
appliances were thought to be the source of the contamination.
Therefore, data search/collection activities were initiated to
determine the types of appliances that would most likely contain PCB
Small Capacitors. The results of these efforts indicated that PCB Small
Capacitors were not used in most household appliances. However, EPA
determined that there was a significant likelihood that PCB Small
Capacitors could be found in room and central air conditioners, heat
pumps, furnace blowers, fluorescent lighting ballasts, and microwave
ovens (Refs. 32 and 33). As a result, many States have implemented PCB
Small Capacitor removal programs to ensure that PCBs are not
intentionally processed during shredding operations.
In proposing a TSCA household waste exemption, EPA recognizes that
some objects that contain a PCB component may inadvertently be
shredded, resulting in fluff containing PCBs. EPA is proposing at
Sec. 761.62(b) that this residue when tested and found to be
contaminated at levels of 50 ppm PCB or greater, but measuring less
than 50 micrograms per liter (ppb) when using RCRA's Toxicity
Characteristic Leaching Procedure (see 40 CFR part 261 Appendix II) may
be disposed of in a facility that is permitted, licensed, or registered
by a State as a municipal or industrial waste landfill. However,
shredder residue when tested and found to contain 50 ppm or greater
PCBs must be managed pursuant to the current disposal requirements at
Sec. 761.60. (Additional disposal options for this type of waste are
proposed at Sec. 761.62 and discussed at Unit II.A.5. of this
preamble.) Under the current regulations, the processing and
distribution in commerce of PCBs is prohibited unless otherwise
authorized by rulemaking or under a PCB exemption. The proposed
household waste exemption authorizes these activities for household
wastes containing PCBs. The processing of non-exempt, non-household
items such as commercial or industrial grade appliances containing
PCBs, fixtures from renovation or demolition projects, and industrial
or heavy duty equipment containing PCBs would continue to be a
violation of the PCB regulations. EPA is not encouraging the processing
and subsequent dilution of PCBs by recycling facilities.
In a May 31, 1979, Federal Register notice, EPA explained that the
random disposal of PCB Equipment in municipal solid waste sites by
householders and other infrequent disposers did not present an
environmental hazard (44 FR 31528). On the other hand, EPA determined
that the disposal of large quantities of PCB Small Capacitors posed a
somewhat larger risk, and commercial and industrial activities were
encouraged to establish a voluntary collection and disposal program.
EPA would therefore include in the household waste exemption
wastestreams created by recycling operations that accepted only wastes
composed of household items from private residences (see the discussion
under Unit II.D.1.c., ``Limit Scope of the Exemption'' of this
preamble). Therefore, the owner or operator of a recycling facility
should establish contractual requirements or other appropriate
notification or inspection procedures to ensure that PCB wastes not
covered under the exemption (e.g., commercial or industrial appliances
containing PCBs or fixtures from demolition or renovation projects,
industrial, or heavy-duty equipment containing PCBs) were not processed
at the facility. In any event, the owner or operator of such a facility
would be subject to an enforcement action should such waste be
processed.
Municipal collection programs accepting only those wastes that
satisfy the proposed exemption criteria could operate under the TSCA
household waste exemption; the TSCA chemical waste landfill and
incineration requirements would not apply to the disposal of these
wastes (see the discussion under Unit II.D.1.c., ``Limit Scope of the
Exemption'' of this preamble). Because disposal of the wastes collected
under a municipal solid waste program that satisfy the criteria
proposed for the exemption would not be regulated by this rule, the
wastes could be disposed of in a facility which is permitted, licensed,
or registered by a State to manage municipal or industrial waste. As a
result, the commercial storage approval requirement and compliance with
the TSCA PCB 1-year time limit for storage and disposal limitation
would not apply. Therefore, EPA does not see a need to extend the
storage timeframe from 1 to 2 years as suggested by one commenter.
c. Limit scope of the exemption. A few commenters stressed the need
to restrict the applicability of a household waste exemption to purely
residential settings in order to exclude business activities that take
place in a residence. Another commenter believed the exemption should
be identical to the RCRA household waste exclusion. EPA has interpreted
the RCRA Subtitle C rules at 40 CFR 261.4 as limiting the exclusion to
those household wastes that meet two criteria: (1) The waste must be
generated by individuals on the premises of either a temporary or
permanent household, and (2) the waste must be composed primarily of
materials found in wastes generated by consumers in their homes. The
RCRA exclusion at 40 CFR 261.4(b) includes ``household waste from
single and multiple dwellings, hotels and motels, and other residential
sources.'' The RCRA hazardous waste program, in establishing a
household waste exclusion, acted upon a Congressional intent to ensure
that wastes generated by consumers in their households would be exempt
from the Subtitle C regulation. As a result, the RCRA exclusion
included materials from single and multiple residences, hotels, motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day use recreation areas -- locations at which consumer
activity is of a type that would be conducted in a residential setting
and result in the generation of hazardous wastes.
As commenters have suggested, EPA is proposing an exemption under
TSCA for the disposal of household wastes containing PCBs that is
similar, but not identical, to the RCRA exclusion. Like the RCRA
exclusion, the TSCA exemption would not include non-residential PCB
wastes such as commercial or industrial grade appliances containing
PCBs, fixtures from demolition or renovation projects, and industrial
or heavy duty PCB Equipment. Under TSCA, Congress sought to eliminate
the use of PCBs, unless specifically authorized, by banning their
continued manufacture, processing, and distribution in commerce.
However, Congress intended that the use of equipment which contained
PCBs in a totally enclosed manner not be terminated prior to the end of
the equipment's useful life. As stated earlier, research conducted by
EPA suggests that some refrigerators and household freezers, room and
central air conditioners, heat pumps, furnace blowers, fluorescent
lighting ballasts, and microwave ovens may contain PCB Small
Capacitors. The risks associated with the disposal of those items
containing PCB Small Capacitors in a random, geographically dispersed
manner by individual homeowners were considered by EPA in mid-1977 when
it proposed the PCB Small Capacitor exemption. EPA has re-evaluated
this issue twice subsequent to that time and has determined that the
exemption should remain in place (see the discussion at Unit II.D.3.c.
of this preamble).
The distinction that EPA makes between the TSCA household waste
exemption, which focuses on consumer products used by individuals in
private residences, and the RCRA household waste exclusion, which
focuses on consumer activity conducted by private individuals in
temporary or permanent residences, is based on the continued belief
that the unregulated disposal of large quantities of PCB Items such as
light ballasts and PCB Small Capacitors by commercial and industrial
activities presents an environmental risk (see 42 FR 26568, May 24,
1977; 43 FR 7152, February 17, 1978; 44 FR 31528, May 31, 1979 and the
discussion on the disposal of small capacitors at Unit II.D.3.c. of
this preamble).
Under RCRA, the risks associated with consumer activities that
result in the generation of hazardous waste do not change when the
activities are conducted in a single or multiple residence, hotel,
motel, bunkhouse, ranger station, crew quarters, campgrounds, picnic
grounds, or day use recreation areas. These are all locations at which
the consumer activity is of a type that would be conducted in a
residential setting.
For the PCB household waste exemption under TSCA, EPA believes that
the unregulated disposal by individual households of consumer products
which contain PCBs should be exempted from the TSCA disposal
requirements because there are relatively few household products that
would contain PCBs. The proposed exemption would not apply to
individuals who reside in transient settings because they would likely
not dispose of household appliances that would contain PCBs (e.g.,
certain refrigerators and household freezers, room and central air
conditioners, heat pumps, furnace blowers, fluorescent lighting
ballasts, and microwave ovens). Rather, equipment containing PCBs
obtained for use in transient settings would likely be of a commercial
grade and disposed of in quantity. Therefore, the removal and disposal
of equipment containing PCB Small Capacitors by commercial activities
and entrepreneurial interests such as hotel and motel chains and owners
of multiple unit residential buildings engaged in repair, renovation,
and/or demolition projects, would not be covered by this exemption.
EPA considered excluding from the TSCA household waste exemption
PCB wastes found in a home-based business, but has determined that PCB
Items found in a private residence would likely be evident in these
smaller business enterprises as well. That is, industrial-scale
manufacturing activities would not normally be conducted in a
residential setting. If, however, such was the case, only those PCB
Items commonly found in a private household would be covered by this
exemption.
Although EPA proposes to establish an exemption under TSCA for the
disposal of household waste, the public is reminded of the CERCLA
reporting requirement for PCBs at 40 CFR 302.6 that essentially
requires individuals to contact the National Response Center when they
are disposing of 1 pound or more of PCBs in any 24-hour period in a
non-federally permitted facility. The TSCA household waste exemption
does not relieve an individual (i.e., the person disposing of the waste
and/or the owner of the disposal facility) of the liability for
remediating PCB contamination if the non-federally permitted disposal
facility becomes a future Superfund site. Therefore, EPA is seeking
comments on whether additional limitations should be imposed when
defining entities that would qualify for this exemption.
d. Other disposal considerations. One commenter, although not
objecting to the exemption, suggested EPA should focus on the previous
residential applications of PCBs, such as a wall painted with PCB-
containing paint, and the item's sale, destruction, and disposal. The
proposed TSCA household waste exemption would not apply to debris
produced during building construction, renovation, or demolition and
similar type wastes, since such wastes do not consist primarily of
materials found in wastes generated by a consumer in his/her home.
Disposal options for this large-volume waste are discussed under Unit
II.A. of this preamble.
2. Unauthorized use. EPA also sought comments in the ANPRM on
widespread PCB applications that had not been addressed when the
original regulations were developed. EPA was particularly interested in
obtaining information on current, but unauthorized uses of PCBs. Nearly
a dozen sets of comments were submitted from four primary sources:
Natural gas pipeline companies, the Armed Forces, civilian governmental
agencies, and companies from the industrial sector. Items currently in
use and identified by the commenters as containing PCBs included wool
felt insulating materials which have high levels of PCBs and deck
plates that are found on naval vessels; plastics, paints, small rubber
parts, adhesive tape, and insulating materials used in electrical
cabling, for example; PCB-impregnated gaskets in heating, ventilation
and air conditioning, and other duct systems; concrete expansion joint
materials, and large-diameter natural gas pipeline. Several distinct
``unauthorized use'' scenarios emerged based on a review of the
comments and discussions with EPA Regional representatives. These
scenarios and the proposed regulatory provisions addressing these uses
are discussed below.
a. PCB impregnated materials used in duct systems. During the late
1940s through 1950s, the adhesive coating used on ventilation gaskets
for use in the Department of War (a predecessor of the Department of
Energy (DOE)) heating, ventilation, and air conditioning (HVAC) systems
was impregnated with PCBs to comply with the Department of War's
specifications. This application was not in violation of the ban on the
manufacture, use, processing, or distribution in commerce of PCBs
because it occurred prior to the enactment of TSCA and promulgation of
the implementing regulations. However, in late 1989, DOE notified EPA
that over time, operation of their plants had caused small amounts of
the lubricating oil (from motor and compressor bearings) to leach
through the gasket material and to be drawn into the ventilation
system, resulting in releases of material containing PCBs.
b. PCB impregnated insulation materials. The Department of the Navy
discovered that wool felt containing PCBs had been installed in older
submarines for sound-dampening purposes. Information provided to EPA by
the Department of the Navy indicates no PCBs are emitted from the
material and that the material is generally located in inaccessible or
rarely accessed areas, fixed between metal plates. The Navy's current
policy is to remove the material only when necessary (i.e., during
maintenance).
c. Agency experience. Experience gained in implementing the PCB
requirements has resulted in the identification of other uses of PCBs
that are not authorized by the regulations. Issues have arisen over
time concerning the use of PCBs in paint formulations, coatings for
ceiling tiles, roofing, and siding materials, adhesives, waterproofing
compounds, and any number of other chemical uses such as additives and
plasticizers. The recent discovery of asbestos roofing and siding
materials and insulating (potting) material in fluorescent light
ballasts that contain PCBs are illustrations of the Agency's expanding
knowledge of the applications for PCBs.
In November 1992, EPA was informed of the discovery of PCBs in
asbestos roofing and siding materials that had been manufactured by H.
H. Robertson (circa 1917) and marketed as Robertson Protected Metal
(RPM) and Galbestos. RPM and Galbestos are multilayered steel siding
materials that consist of steel, asphalt, or zinc (depending on the
product line); asphalt-impregnated asbestos felt; and an asphaltic
waterproof coating. Although there is limited evidence available that
PCBs were ever introduced in the manufacturing process, preliminary
sampling and analysis have indicated PCB concentrations in this
material ranging from <2 ppm="" to="" 30,000="" ppm.="" these="" products="" were="" purchased="" and="" used="" internationally="" by="" the="" u.s.="" department="" of="" defense="" (department="" of="" war,="" u.s.="" navy,="" u.s.="" army,="" u.s.="" air="" force,="" u.s.="" marine="" corps),="" u.s.="" coast="" guard,="" tennessee="" valley="" authority,="" and="" various="" industries="" such="" as="" airlines,="" railroads,="" chemical="" plants,="" steel="" mills,="" mines,="" and="" industrial/manufacturing="" facilities.="" manufacturing="" facilities="" for="" rpm="" and="" galbestos="" products="" were="" located="" in="" beaver="" falls,="" pa,="" and="" subsequently="" relocated="" to="" ambridge,="" pa,="" as="" well="" as="" in="" canada="" and="" england.="" preliminary="" data="" suggests="" that="" the="" continued="" use="" of="" this="" material,="" if="" in="" good="" condition,="" and="" subsequent="" disposal="" in="" a="" municipal="" solid="" waste="" landfill,="" would="" not="" present="" an="" unreasonable="" risk="" of="" injury="" to="" health="" or="" the="" environment="" (see="" ``toxic="" characteristic="" leaching="" procedure="" (tclp)="" for="" galbestos="" siding="" material''="" mri="" report,="" project="" no.="" 9802-30-01,="" august="" 16,="" 1993="" [ref.="" 45]).="" also,="" in="" august/september="" 1993="" epa="" received="" data="" from="" several="" sources="" indicating="" that="" pcbs="" were="" found="" in="" the="" insulating="" (potting)="" materials="" of="" fluorescent="" light="" ballasts="" generally="" manufactured="" prior="" to="" 1978.="" pcbs="" at="" concentrations="" of="" 50="" ppm="" or="" greater="" were="" found="" in="" the="" insulating="" materials="" of="" approximately="" 70="" percent="" of="" the="" ballasts="" analyzed.="" while="" this="" data="" represents="" only="" a="" small="" portion="" of="" ballasts="" manufactured="" prior="" to="" 1978="" still="" in="" use="" today,="" the="" continued="" use="" of="" such="" ballasts="" would="" need="" to="" be="" authorized.="" epa="" is="" proposing="" at="" 40="" cfr="" 761.30(q)="" to="" authorize="" the="" use="" and="" distribution="" in="" commerce="" of="" non-liquid="" materials="" which="" contain="" pcbs="" at="" any="" concentration="" (including,="" but="" not="" limited="" to,="" gaskets,="" insulation,="" plastics,="" plasticizers,="" fluorescent="" light="" ballast="" potting="" materials,="" electrical="" cable,="" dried="" paints,="" small="" rubber="" parts,="" adhesive="" tape,="" caulking,="" roofing="" and="" siding="" materials,="" waterproofing="" compounds,="" and="" ceiling="" tile="" coatings)="" in="" use="" prior="" to="" july="" 2,="" 1979,="" for="" the="" remainder="" of="" their="" useful="" life="" where="" monitoring="" indicates="" that="" the="" migration="" of="" pcbs="" from="" the="" material="" does="" not="" pose="" an="" unreasonable="" risk="" of="" injury.="" under="" the="" proposed="" authorization,="" the="" pcb-containing="" materials="" must="" remain="" intact="" and="" in="" place="" in="" their="" existing="" application="" and="" location="" unless="" they="" are="" being="" removed="" for="" disposal.="" the="" authorization="" of="" continued="" use="" and="" distribution="" in="" commerce="" of="" these="" pcb="" materials="" do="" not="" include="" an="" authorization="" to="" remove="" the="" material="" from="" its="" existing="" location="" and="" subsequently="" reassemble="" or="" install="" the="" pcb="" material="" at="" a="" different="" location="" but="" would="" allow="" for="" continued="" use="" in="" a="" mobile="" application="" such="" as="" a="" vehicle="" or="" vessel.="" such="" pcb="" materials="" currently="" in="" use="" that="" exhibit="" significant="" pcb="" migration,="" as="" discussed="" in="" proposed="" sec.="" 761.30(q)(1)(iii),="" (iv)="" or="" (v),="" would="" not="" be="" in="" compliance="" with="" this="" authorization="" and="" would="" be="" required="" to="" be="" removed,="" contained="" by="" means="" of="" encapsulation="" (either="" with="" an="" epoxy-based="" or="" equivalent="" paint="" or="" sealant),="" or="" equipped="" with="" release="" controls="" in="" which="" a="" continual="" release="" is="" collected="" in="" a="" closed="" container="" and="" displaces="" only="" the="" air="" in="" the="" container="" (i.e.,="" a="" leak="" collection="" system)="" to="" ensure="" personnel="" are="" protected="" from="" dermal="" and="" inhalation="" exposures.="" additionally,="" the="" owner="" or="" operator="" of="" a="" facility="" with="" such="" a="" use="" of="" pcb="" material="" would="" be="" required="" to="" notify="" the="" regional="" administrator="" of="" the="" discovery="" of="" such="" material="" and="" submit="" documentary="" evidence="" that="" established="" the="" historical="" use="" of="" such="" material.="" notification="" to="" the="" regional="" administrator="" would="" be="" required="" within="" 30="" days="" of="" the="" effective="" date="" of="" the="" final="" rule="" or="" within="" 30="" days="" of="" discovery="" thereafter.="" it="" would="" be="" required="" to="" include="" the="" location="" of="" the="" material,="" a="" description="" of="" its="" use,="" an="" estimate="" of="" the="" amount="" of="" material="" in="" use="" (e.g.,="" number,="" square="" footage,="" pounds),="" the="" pcb="" concentration,="" expected="" useful="" life="" of="" the="" material,="" the="" condition="" of="" the="" material="" (e.g.,="" potential="" for="" exposure),="" and="" any="" additional="" information="" that="" might="" be="" useful="" to="" the="" regional="" administrator.="" secondly,="" the="" owner="" or="" operator="" of="" the="" facility="" would="" be="" required="" to="" post="" a="" pcb="" mark="" ml="" as="" described="" in="" sec.="" 761.40="" in="" a="" prominent="" location="" near="" material="" containing="" pcbs="" as="" a="" warning="" of="" the="" presence="" of="" pcbs.="" they="" would="" also="" be="" required="" to="" make="" available="" to="" any="" potentially="" exposed="" employee="" and,="" upon="" request,="" to="" any="" other="" potentially="" exposed="" individual,="" information="" concerning="" the="" identity="" of="" the="" pcbs="" and="" any="" health="" risk="" associated="" with="" the="" pcb="" application.="" failure="" to="" provide="" documentary="" evidence="" that="" substantiated="" the="" historical="" use="" of="" such="" material="" might="" result="" in="" the="" rejection="" of="" such="" claims="" by="" the="" regional="" administrator.="" consequently,="" the="" continued="" use="" of="" such="" materials="" might="" be="" a="" violation="" of="" the="" pcb="" regulations.="" air="" monitoring="" readings="" and="" standard="" wipe="" test="" samples="" of="" exterior="" surfaces="" would="" have="" to="" be="" taken="" and="" recorded="" quarterly="" for="" the="" first="" year="" and="" annually="" thereafter="" until="" the="" material="" was="" removed.="" records="" would="" be="" maintained="" in="" a="" central="" location="" at="" the="" facility="" for="" 3="" years="" beyond="" the="" date="" of="" removal="" of="" the="" material="" for="" review="" by="" epa="" officials.="" air="" monitoring="" results="" of="" pcb="" levels="" above="" 0.001="" milligram="" per="" cubic="" meter="" of="" air="">3) for a 10-hour workday, 40-hour workweek (the
National Institute of Occupational Safety and Health's (NIOSH's)
occupational exposure limit for all PCBs) or wipe samples of accessible
exterior surfaces greater than 10 micrograms per 100 square centimeters
(10 g/100cm2) would require that action be initiated
within 24 hours of the occurrence to modify the release controls, to
re-encapsulate the surface, or to remove the PCB-impregnated materials.
In addition, individuals would be required to notify the EPA Regional
Toxics Office by facsimile machine or overnight delivery mail services
within 24 hours of the occurrence of an environmental release that
exceeded the action levels listed above. The notification would
indicate the actions that would be taken to bring the facility into
compliance. However, if the release occurred during a weekend or
Federal holiday, notification could be made during the next business
day. This notification would not be in lieu of any other Federal,
State, or local notification requirements such as those under CERCLA
for the release of a hazardous substance (see 40 CFR 302.6).
At the end of their current useful life, all such PCB materials
with a PCB concentration of 50 ppm or greater, and materials that came
in contact with 50 ppm or greater PCBs, including leak collection
systems, PCB-containing paint and other encapsulation materials, and
all materials used during decontamination or cleanup procedures would
have to be handled, stored, and disposed of in accordance with the PCB
storage requirements at 40 CFR 761.65 and the disposal requirements at
Sec. 761.60 or Sec. 761.62.
While the continued use of unauthorized pre-TSCA PCB materials is a
violation of the existing PCB regulations, in most cases, premature
removal of the media containing PCBs could only be achieved with great
difficulty and at enormous expense given the extraordinary efforts that
would be required to remove the PCBs. The conditions proposed by EPA
for the continued use of these items (i.e., removal upon evidence of
deterioration, installation of release controls, or encapsulation)
would ensure no unreasonable risk from exposure to PCBs as a result of
the continued use of these materials. Comments are therefore solicited
on whether consideration should be given to developing authorizations
for the conditional, continued use of these materials and whether
additional restrictions should be imposed and if there are other
situations which are similar to the pre-1978 authorization issues which
should be addressed in this rulemaking. Comments are also solicited on
whether the proposed authorization should allow for the movement and
reassembly of the PCB-Containing material when such movement and
reassembly will not adversely impact the integrity of the material
(e.g., will not result in a risk of injury to health or the environment
caused by the exposure to PCBs). Comments supporting a modification of
the proposed authorization should also provide examples of the specific
material and reuse scenarios that should be addressed.
EPA has no information indicating that PCBs were routinely used in
the formulation of consumer products such as household paints,
sealants, finishes or caulking. It believes however, that consumers
could now occasionally obtain products such as industrial enamels or
marine paints which were formulated with PCBs, through the purchase of
these items as surplus. The sale of these unauthorized items containing
PCBs is currently prohibited under TSCA. Identification and removal of
these materials, once installed in households, could pose considerable
costs to homeowners while increasing risk of exposure through removal.
Because the PCBs are bound into these materials, EPA believes they
would not pose a serious risk of exposure if left in place. Therefore,
EPA is proposing a general use authorization at Sec. 761.30(q)(2) for
the non-liquid PCBs that meet the definition of household wastes at the
time of disposal. In unit II.A. of this preamble EPA discussed a
proposed exemption for the disposal of household wastes containing
PCBs. Today, EPA is also proposing a general authorization for
continued use at Sec. 761.30(g)(3) for non-liquid items that do not
leach PCBs at levels 50 g/l as measured by the
TCLP.
d. Reuse of natural gas pipeline. EPA received comments on both the
reuse of and the disposal requirements for natural gas pipeline. A
discussion concerning the disposal of natural gas pipeline appears at
Unit II.D.3.e of this preamble. Regarding the reuse of pipeline,
commenters contend that the inadvertent contamination of natural gas
pipeline at or above regulated levels for PCBs all but eliminates any
opportunity for the natural gas industry to reuse the pipe and other
natural gas pipeline appurtenances. Requirements to dispose of or
decontaminate the equipment often deprive these companies of the
economic benefits associated with recycling, reusing, or selling the
equipment. EPA, under a Memorandum of Understanding (MOU) with the
Federal Energy Regulatory Commission (FERC), has been reviewing
pipeline abandonment plans and issuing alternate disposal permits for
the decontamination of pipeline since late 1987. Based on this
experience, EPA does not view risks of injury to health and the
environment from exposure to PCBs due to the continued use of PCB-
Contaminated pipeline as being unreasonable.
PCBs when found in natural gas pipeline are generally located in
the condensate that is collected from drips and geographical low points
along the pipeline or in the moisture on the interior of the pipe.
Since these collection points are often dry, EPA is proposing, as an
alternative for characterization purposes, surface levels of greater
than 10 micrograms PCB per 100 square centimeters for dry pipe as the
regulatory equivalent of 50 ppm, and 100 micrograms PCB per 100 square
centimeters in dry pipe as the regulatory equivalent of 500 ppm with
regard to the TSCA PCB regulatory requirements at part 761
(characterization of natural gas pipeline is discussed at Unit II.B.4.
of this preamble). EPA is proposing to amend Sec. 761.30(i) to
authorize the reuse of natural gas pipeline systems, provided the
liquids have been removed. All removed liquids must be disposed of
pursuant to the disposal requirements at Sec. 761.60(a)(3). EPA
solicits comments on whether EPA should require marking of pipe that
may be in temporary storage while testing is being conducted. Pipe in
temporary storage is generally capped at each end and stacked in a
restricted area along the perimeter of the pipeline system. EPA
solicits comment on whether the Agency should require each pipe in a
temporary storage area to be marked or whether only posting a sign in
the storage area would be adequate.
In today's notice at Sec. 761.30(i), the reuse of PCB-Contaminated
natural gas pipeline and appurtenances would be allowed in natural gas
pipeline systems. Natural gas pipeline and pipeline appurtenances that
were to be reused would have to be drained of free-flowing liquids and
decontaminated pursuant to procedures proposed in Sec. 761.30(i). Any
natural gas pipeline may also meet the decontamination level as
proposed in Sec. 761.79(d). Based on experience gained from issuing
alternate disposal approvals to pipeline companies, EPA is also
proposing several additional uses. Acceptable proposed reuse scenarios
are for the transport of bulk hydrocarbons, chemicals, or petroleum
products; as a coal slurry pipeline; as casing to provide secondary
containment under transportation systems such as highways or railroads;
as temporary flume at construction sites; as culverts (less than 80
feet in length) in intermittent flow situations (i.e., as culvert for a
driveway over a roadside ditch); as equipment skids; for sewage service
with written consent of the Publicly Owned Treatment Works (POTW); for
steam service; in totally enclosed compressed air systems; as
irrigation systems where the pipe is less than 20 inches in diameter
and 200 miles in length; or as industrial structural material such as
fence posts, sign posts, gate posts, bridge supports, and overhead sign
cross members. In addition to commenters' reactions as to whether
natural gas pipeline should be authorized for reuse in these scenarios,
EPA solicits comments on the other specific uses for which this pipe
would be suitable. The reader should remember that the reuse provision
is intended for contaminated equipment which is drained of all free
flowing liquid (i.e., the surface is dry) and the surface contamination
is demonstrated to be less than 100 micrograms PCBs per 100 square
centimeters.
EPA is also proposing a parallel authorization for the use of PCBs
in other pipelines or air compressor systems, with the consent of the
Regional Administrator. The Agency is aware of the use of PCBs as
lubricants in other air compressor systems not associated with natural
gas pipelines and believes that these uses pose no greater risk.
3. Disposal issues. The disposal of non-liquid, bound materials,
such as plastic insulating material containing PCBs found in electrical
cabling and lead (Pb) cable insulated with PCB oil-soaked paper, were
also identified by commenters to the ANPRM as issues that are not
adequately addressed by the current regulations. Since the ANPRM, EPA
has also received comments addressing the disposal requirements for the
relatively small quantity of waste generated during the chemical
analysis of PCBs.
a. Disposal of PCB-bound material. One commenter requested that EPA
designate these materials as unregulated for disposal. The PCB
concentration encased in this solid plastic insulating material ranges
from less than 50 ppm to 500 ppm PCBs. The commenter argues that non-
liquid, bound PCB materials are distinct from liquid PCBs and that the
current exemption at Sec. 761.60(b)(2)(ii) that allows persons, except
manufacturers, to dispose of PCB Small Capacitors in municipal
landfills should be extended to cover manufactured items containing
non-liquid, bound PCB materials. Alternatively, the commenter argues
that the PCB bound plastic insulation should be treated as ``other PCB
Articles'' having a PCB concentration between 50 and 500 ppm pursuant
to the current Sec. 761.60(b)(5)(ii). The commenter suggests that these
bound PCB materials should be viewed as having been drained of free
flowing liquid and should be treated as unregulated for disposal under
that section.
However, EPA is proposing provisions at Sec. 761.62 to address the
disposal of PCB non-remediation wastes using one of four options:
Incineration, chemical waste landfill, municipal solid waste landfill,
or a disposal method approved by the Regional Administrator. Under this
provision, the Regional Administrator could approve an alternate
disposal method based, among other things, on technical, environmental,
or waste-specific characteristics or considerations indicating that the
disposal method would not pose an unreasonable risk of injury to health
or the environment. EPA believes that this provision would provide the
flexibility being sought by the commenter, and that expansion of the
current exemption would therefore be unnecessary.
b. Disposal of cable insulation containing PCBs. Another commenter
informed EPA of lead-sheathed cable containing PCBs in the oil-soaked
paper that is used to wrap the copper conductors; the PCB levels
typically range from 50 to 500 ppm with some levels reported as
exceeding 100,000 ppm. Discarded lead cable is potentially stored for
long periods of time, pending changes in the metals market, and then
ultimately sent to scrap yards where the metal is removed and sold to
recycling operations. The scrap yards then burn the PCB-soaked paper
without regard to its PCB content. This may result in illegal disposal
and site contamination by PCBs, dioxins, and dibenzofurans. Further,
cables that are not contained in a conduit are often abandoned in
place. The cable is ripped out to a convenient point, cut, and
abandoned with no protection at all for the cut end. The PCB-containing
oil will often leak, as free flowing oil, from the paper when the cable
is cut or the covering damaged, thereby creating environmental concerns
when cable runs are abandoned or old cable is improperly stored or
disposed of.
According to the information submitted by the commenter, lead cable
is used in high voltage distribution of electric power, typically 5,000
volts and above. This cable has been in use for quite some time (about
100 years), and although lead cable can be found everywhere, including
in overhead distribution lines, the product typically was used in
underground, submerged, or submersible applications. In particular,
lead cable was used to supply primary power to vaulted network
distribution systems and subway transformers. Almost all utilities
serving metropolitan areas and most large industrial facilities either
currently own or have owned significant quantities of lead cable. Large
commercial facilities that distribute primary power also have lead
cable.
On August 25, 1982 (47 FR 37352), EPA promulgated 40 CFR 761.30(m)
to authorize the use of PCBs in, and the servicing of, cable containing
any concentration of PCBs for the useful life of the cable provided the
cable is serviced (including rebuilding) only with dielectric fluid
containing less than 50 ppm PCBs. This provision was based in part on a
study conducted by the Edison Electric Institute (EEI) and the
Utilities Solid Waste Activities Group (USWAG) that described voltage
regulators, switches, electromagnets, and cable as mineral oil-filled
electrical equipment, not designed to contain PCB dielectric fluid. The
rulemaking record indicates that this oil-filled cable generally
contained less than 50 ppm PCBs (Previous Rulemaking Record Ref. 6,
Support Document for the Electrical Equipment Use Rule, Response to
Comments, August 1982). Although this oil-filled cable was authorized
for use until it reached the end of its lifecycle, EPA required that
the disposal requirements at 40 CFR 761.60 and the servicing
requirements at Sec. 761.30(m)(2) be followed for any cable found to
contain a PCB concentration of at least 50 ppm.
Therefore, the issue being raised by the commenter suggests that
other types of electrical cable containing PCBs may exist that were not
anticipated when Sec. 761.30(m) was promulgated. As reflected at Unit
II.D.2. of this preamble, proposed Sec. 761.30(q) would expressly allow
the continued use of electrical cable, in a totally enclosed manner,
until it reached the end of its useful life. However, the installation
of materials containing PCBs as insulation and the processing and
distribution in commerce, except for purposes of disposal, would
continue to be unauthorized.
Comments are solicited on whether EPA should include electrical
cable under the proposed authorization to be inserted at Sec. 761.30(q)
or expand its interpretation of the current authorization at
Sec. 761.30(m) to include, in addition to oil-filled cable, all
electrical cable containing PCBs such as electrical cable encased with
PCB-impregnated insulation materials, and lead cable containing PCB
oil-soaked paper.
EPA also welcomes information on any other electrical cable
containing PCBs, including its uses, PCB concentrations, and potential
risks of exposure to workers, the general public, and the environment.
For example, high-voltage cable used in underground coal mines may have
been manufactured with PCBs in the conductor insulation. In 1954, the
U.S. Bureau of Mines published fire-resistance standards for
underground electrical equipment. In addition to requiring non-
flammable liquid [e.g., PCB dielectric fluid] in liquid-filled
transformers, the Bureau also published a fire test procedure which was
mandatory for ``trailing cables,'' or electric cables that are reeled
out the back of mobile, high-voltage mining equipment such as
continuous miners and shuttle cars (Ref. 56). The fire resistance test
was considered prudent because trailing cables, which lie on the mine
floor, are often damaged by equipment travel and can short out, causing
an electrical fire. While the Bureau did not specify how such cable
should be made, experience with naval vessels indicates that such cable
could have been manufactured with PCBs to meet the test standards. Some
of this cable may still be in use or may be abandoned with other
electrical equipment in mine storage areas or in closed mines. An
environmental hazard would exist if the cable is improperly disposed
of. A hazard to workers would exist from inhalation of the fumes during
an electrical short or from dermal contact when splicing cable.
Therefore, EPA is seeking comment from any person who may know of past
uses of PCBs in electrical cables.
In response to concerns raised about handling lead cable, EPA
cannot emphasize strongly enough that caution must be exercised when
handling any electrical cable which contains PCBs. First, caution must
be exercised when servicing the cable to prevent the inadvertent
release of PCBs into the environment. In this instance, restrictions
attendant to the disposal of lead complicate the PCB disposal process,
as environmental releases must be controlled when separating the PCB
and lead materials to ensure further contamination is avoided. Further,
to ensure the PCBs are not reintroduced into commerce, the lead cable
must be decontaminated to remove the residual PCBs prior to sending it
to a recycling operation. The processing and distribution in commerce
for the purpose of disposal of regulated PCB wastes and their
destruction require an approval (i.e., permit) from EPA (see
Sec. 761.20(c)(2) and Sec. 761.60(a)). Owners and operators of scrap
yards who engage in activities to decontaminate the cable (i.e., to
remove the PCBs) and/or destroy PCBs at concentrations of 50 ppm or
greater through the practice of ``open burning'' may be subject to an
enforcement action and are conducting these activities in violation of
the TSCA permit requirements if they do not possess a PCB disposal
approval. Finally, owners and operators of recycling operations who
accept lead cable containing PCBs for processing are operating in
violation of the TSCA ban on processing PCBs if they have not obtained
an exemption for their activities (see Sec. 761.20(c)).
The disposal activities identified by the commenter are currently
regulated under the TSCA PCB regulations at 40 CFR part 761 to include
abandonment in place, storage, disposal, permitting, and manifesting
requirements for PCB wastes at concentrations of 50 ppm or greater.
Therefore, from a regulatory perspective, no further rules are required
to address the disposal of this cable. However, an outreach program
designed to reach scrap and salvaging operations may be the most
appropriate mechanism to ensure the owners and operators of these
facilities are educated about their responsibilities regarding the TSCA
PCB disposal approval requirements and potential liabilities under
CERCLA for environmental releases of PCBs. EPA solicits the cooperation
of the Institute of Scrap Recycling Industries, Inc. (ISRI) and any
other individuals, organizations, or associations in developing a
comprehensive mailing list of facilities to whom such an outreach
program could be directed.
c. Disposal of small capacitors. Another commenter suggested that
EPA define the disposal requirements for PCB Small Capacitors and then
cross reference these disposal requirements to the CERCLA requirements
for reporting releases of hazardous substances. The TSCA disposal
requirements for PCB Capacitors are provided at Sec. 761.60(b)(2);
CERCLA reporting requirements for hazardous substance releases are
listed at 40 CFR 302.6. The regulations in 40 CFR 302.6(a) state: ``Any
person in charge of a vessel or an offshore or an onshore facility
shall, as soon as he has knowledge of any release (other than a
federally permitted release or application of a pesticide) of a
hazardous substance from such vessel or facility in a quantity equal to
or exceeding the reportable quantity determined by this part in any 24-
hour period, immediately notify the National Response Center ((800)
424-8802; in Washington, DC (202) 426-2675).''
Since PCBs are a hazardous substance with a reportable quantity
(RQ) of 1 pound under CERCLA, the question becomes which scenarios
constitute a ``release'' under CERCLA. In the case of fluorescent light
ballasts containing PCB Small Capacitors, open or closed drums of light
ballasts collectively containing 1 pound or more of PCBs, that are
abandoned or otherwise disposed of, such as through placement in a
municipal solid waste landfill, would generally be regarded as a
reportable release under CERCLA. One point should be made clear; unlike
TSCA or RCRA, CERCLA imposes no disposal requirements itself on the
initial disposal (i.e., release) of hazardous substances such as PCBs,
even if the release is in excess of the RQ for that substance. For
specifics regarding the reporting requirements for the release of
hazardous substances under CERCLA, readers are advised to contact EPA's
Superfund/RCRA Hotline, which is the information service for the Office
of Solid Waste and Emergency Response in Washington, D.C. (Toll-free
(800) 424-9346, local for the Washington, D.C. area (703) 920-9810).
In promulgating the disposal and marking rule published on February
1978 (43 FR 7150), EPA decided not to impose special disposal
requirements for small capacitors (except those owned by capacitor
manufacturers or PCB Article manufacturers in which the small capacitor
was placed as a result of manufacturing activities) due to problems
associated with regulating this class of PCB wastes (e.g., enforcement
difficulties, the expense associated with their collection/disposal,
and issues surrounding the question of who should incur these costs).
In reassessing whether steps should be taken to further limit the small
capacitor exemption, EPA determined not to impose additional regulatory
controls (44 FR 31528, May 31, 1979). However, because the disposal of
large quantities of PCB Small Capacitors by commercial and industrial
activities posed a somewhat larger risk to the environment than
disposal by householders and other infrequent disposers, EPA encouraged
commercial and industrial firms to establish a voluntary PCB Small
Capacitor collection and disposal program that would result in the
disposal of these capacitors in either a chemical waste landfill or an
incinerator. EPA still recommends disposing of fluorescent light
ballasts containing intact and non-leaking PCB Small Capacitors in an
approved hazardous waste incinerator or an approved chemical waste
landfill. Persons who can dispose of such fluorescent light ballasts
under the household waste exemption should consider utilizing local
hazardous waste collection efforts sponsored by city/county health
departments, local fire departments or other local government entities
for disposal of these items.
Under the current regulations, PCB Small Capacitors found in light
ballasts generally are not required to be disposed of in a TSCA
approved disposal facility (see Sec. 761.60(b)(2)(ii)). Readers are,
however, advised that State and local governments may impose more
stringent disposal requirements on items containing PCB Small
Capacitors such as fluorescent light ballasts and are advised to
determine all other disposal requirements prior to undertaking
disposal. EPA's Office of Air and Radiation has developed guidance
addressing these activities in conjunction with its ``Green Lights
Program'' (Ref. 53). Once a PCB Small Capacitor starts leaking, it is
regulated for disposal under Sec. 761.60(d) as a PCB Article and must
be disposed of according to the disposal rules for PCB Articles at
Sec. 761.60(b)(5) (Ref. 57). Also, Sec. 761.60(b)(2)(iv) identifies
another exception: ``Any PCB Small Capacitor owned by any person who
manufactures or at any time manufactured PCB Capacitors or PCB
Equipment and acquired the PCB Capacitors in the course of such
manufacture shall be disposed of in ... an incinerator which complies
with Sec. 761.70 or until March 1, 1981, ... in a chemical waste
landfill which complies with Sec. 761.75.'' In practice, this means
that, except for manufacturers of capacitors or manufacturers of
equipment containing small capacitors, any quantity of intact, non-
leaking small capacitors may be disposed of in a municipal landfill. As
mentioned earlier in this section, EPA reevaluated the scope of the
small capacitor exemption and determined not to impose additional
regulatory controls. In the Federal Register notice of May 31, 1979 (44
FR 31528), EPA also warned readers that any PCB spillage that might
result from failure of, or from damage to small capacitors, could be
considered illegal disposal, as is the case for other spills of PCBs.
If the insulating material inside the ballast, sometimes referred to as
``potting'' material, contains PCBs at greater than or equal to 50 ppm,
then the entire ballast is regulated for disposal under current rules
even if the internal small capacitor remains intact and nonleaking.
Many facilities are disposing of light ballasts or their capacitors in
TSCA incinerators to avoid the potential for Superfund liability should
today's municipal landfills become subject to future CERCLA cleanup
action. Therefore, EPA proposes to include a statement in
Sec. 761.60(b)(2)(vii) in response to the commenter's suggestion that
the PCB regulations cross reference the CERCLA requirements.
Since the publication of the ANPRM, EPA has received a TSCA section
21 petition from several fluorescent light ballast recyclers and the
Hazardous Waste Treatment Council (Ref. 49). The petitioners requested
that disposal requirements for intact and non-leaking small capacitors
in fluorescent light ballasts at Sec. 761.60(b)(2)(ii) be amended to
require incineration of fluorescent light ballasts or incineration of
the PCB Small Capacitors or PCB potting materials removed by recycling
the fluorescent light ballasts. EPA granted their petition and stated
its intention to initiate a regulatory investigation to determine
whether or not to amend the PCB Small Capacitor disposal requirements
at Sec. 761.60(b)(2)(ii) (Ref. 50).
As noted earlier, EPA has discussed the disposal and phaseout of
PCB Small Capacitors in various rulemakings. In 1979, EPA encouraged
firms disposing of large quantities of PCB Small Capacitors to
establish a voluntary collection and disposal program resulting in the
waste capacitors going to chemical waste landfills or high temperature
incinerators (44 FR 31514, 31528, May 31, 1979). In 1982, EPA revisited
the issue of small capacitors, this time in regard to their potential
phaseout. EPA concluded that because many of these PCB-containing small
capacitors are encapsulated and contain minimal quantities (0.1 to 0.6
pounds) of fluid and a significant amount of absorbent materials such
as paper, PCBs are rarely released from the capacitors during their use
or from equipment using the capacitors. Therefore, EPA determined the
exposure risks to humans, food, feed, water, and the environment were
low (47 FR 37342 and 37349, August 25, 1982).
In their petition, petitioners raised a number of issues for which
EPA is seeking information regarding the proposed amendment of the
disposal requirements for intact and non-leaking PCB Small Capacitors,
specifically those in fluorescent light ballasts.
First, the petitioners indicated that the PCBs are not only found
in small capacitors but in the potting material of fluorescent light
ballasts as well. EPA is seeking data on the level of PCBs found in the
potting materials of fluorescent light ballasts and whether the PCBs
were in the potting material prior to recycling, i.e., were the PCBs in
the potting material because of a rupture of the PCB Small Capacitor.
EPA is also seeking data on the percentage of ballasts recycled that
contain PCBs in either a small capacitor and/or the potting material,
as well as the concentration of PCBs in the potting material. EPA is
also seeking information regarding the manufacture of light ballasts
that have PCBs in their potting materials, i.e., date of manufacture,
PCB concentration, etc. However, any additional disposal requirements
for fluorescent light ballasts with PCB Small Capacitors become moot if
the ballast potting material contains PCBs. Fluorescent light ballasts
with PCBs in their potting material meet the definitional requirements
of PCB Articles under Sec. 761.3 and the disposal requirements for such
items are already prescribed at Sec. 761.60(b)(5). If PCBs
50 ppm are found in the potting materials of fluorescent
light ballasts, the issue of continued use becomes a significant
problem because such PCBs are not authorized for use under Sec. 761.30.
However, PCBs found at <50 ppm="" (and="" not="" the="" result="" of="" dilution)="" in="" the="" potting="" compound="" would="" qualify="" the="" fluorescent="" light="" ballast="" as="" an="" ``excluded="" pcb="" products''="" as="" defined="" at="" sec.="" 761.3.="" second,="" if="" epa="" determines="" that="" additional="" disposal="" requirements="" need="" to="" be="" placed="" on="" fluorescent="" light="" ballasts="" containing="" pcb="" small="" capacitors,="" the="" number="" of="" ballasts="" that="" may="" be="" disposed="" of="" as="" municipal="" solid="" waste="" within="" a="" 1-year="" period="" needs="" to="" be="" determined.="" epa="" is="" proposing="" at="" sec.="" 761.60(b)(2)(viii)="" that="" any="" person="" may="" dispose="" of="" up="" to="" 25="" intact="" and="" non-leaking="" fluorescent="" light="" ballasts="" containing="" pcb="" small="" capacitors="" as="" household="" waste="" in="" a="" municipal="" solid="" waste="" landfill="" within="" a="" 1-year="" period="" from="" a="" single="" household.="" the="" number="" 25="" was="" chosen="" because="" under="" cercla="" the="" reportable="" quantity="" (rq)="" for="" pcbs="" is="" 1="" pound="" (40="" cfr="" 302.4).="" if="" an="" estimate="" of="" approximately="" 2/3="" ounce="" of="" pcbs="" in="" each="" small="" capacitor="" is="" used,="" 25="" small="" capacitors="" equals="" just="" over="" 1="" pound="" or="" the="" rq="" for="" cercla.="" this="" number="" could="" be="" lower,="" such="" as="" 10="" ballasts="" within="" a="" 1-year="" period="" as="" the="" petitioners="" suggested="" or="" higher,="" such="" as="" 3,000="" per="" month="" which="" approximates="" the="" 100="" kg="" per="" month="" small="" quantity="" exemption="" under="" rcra.="" epa="" is="" seeking="" information="" on="" the="" number="" of="" fluorescent="" light="" ballasts="" containing="" pcb="" small="" capacitors="" that="" should="" be="" allowed="" to="" be="" disposed="" of="" in="" a="" municipal="" solid="" waste="" landfill.="" finally,="" on="" a="" related="" issue,="" the="" petitioners="" indicated="" that="" fluorescent="" light="" ballasts="" containing="" pcb="" small="" capacitors="" sent="" to="" municipal="" solid="" waste="" landfills="" do="" not="" remain="" intact="" and="" nonleaking="" once="" they="" are="" placed="" in="" the="" landfill.="" epa="" is="" seeking="" data="" indicating="" that="" the="" disposal="" practices="" at="" a="" municipal="" solid="" waste="" landfill,="" such="" as="" compaction,="" will="" cause="" the="" pcbs="" to="" leak="" into="" the="" environment.="" if="" true,="" epa="" is="" seeking="" data="" in="" support="" of="" statements="" that="" the="" pcbs="" leaking="" from="" small="" capacitors="" in="" municipal="" solid="" waste="" landfills="" can="" create="" a="" risk="" to="" health="" and="" the="" environment="" through="" ground="" water="" contamination.="" such="" information="" should="" include="" the="" degree="" of="" risk="" reduction="" that="" could="" be="" achieved,="" the="" costs="" of="" risk="" reduction="" methods,="" and="" the="" impacts="" of="" any="" regulation="" on="" the="" economy,="" small="" businesses="" and="" other="" affected="" entities.="" d.="" large="" volume="" pcb="" liquids.="" epa="" also="" received="" a="" request="" to="" address="" the="" issue="" of="" disposal="" options="" for="" large="" volume="" liquid="" pcb="" wastes.="" under="" current="" regulations="" at="" sec.="" 761.60(a)(3),="" liquids="" at="" concentrations="" of="" 50="" to="" 499="" ppm="" may="" be="" disposed="" of="" in="" a="" high="" efficiency="" boiler="" meeting="" the="" requirements="" of="" sec.="" 761.60(a)(3)(iii),="" in="" an="" incinerator="" meeting="" the="" requirements="" of="" sec.="" 761.70,="" or="" a="" chemical="" waste="" landfill="" (cwl)="" meeting="" the="" requirements="" of="" sec.="" 761.75,="" if="" information="" is="" presented="" to="" the="" cwl="" owner="" or="" operator="" that="" the="" fluid="" does="" not="" exceed="" 500="" ppm="" and="" is="" not="" an="" ignitable="" waste="" as="" described="" in="" sec.="" 761.75(b)(8)(iii).="" however,="" the="" commenter="" was="" referring="" to="" industrial="" sludges="" at="" 500="" ppm="" or="" greater="" that="" must="" be="" disposed="" of="" by="" incineration="" or="" by="" an="" alternate="" method="" that="" has="" been="" demonstrated="" to="" be="" the="" equivalent="" of="" incineration.="" in="" responding="" to="" a="" citizens="" petition="" under="" section="" 21="" of="" tsca="" that="" had="" been="" submitted="" to="" epa="" on="" behalf="" of="" several="" potentially="" responsible="" parties="" to="" a="" superfund="" cleanup="" (refs.="" 5="" and="" 6),="" the="" agency="" indicated="" that="" ``[a]s="" a="" matter="" of="" policy,="" epa="" in="" 1985="" determined="" to="" treat="" industrial="" sludge="" similarly="" to="" pcb="" liquids....="" under="" this="" policy,="" pcb-="" contaminated="" industrial="" sludges="" may="" be="" placed="" in="" a="" tsca="" landfill="" complying="" with="" 40="" cfr="" 761.75,="" while="" sludges="" contaminated="" at="" greater="" than="" 500="" ppm="" must="" be="" disposed="" of="" in="" a="" tsca="" incinerator="" complying="" with="" 40="" cfr="" 761.70.''="" as="" discussed="" earlier="" in="" this="" rule="" (see="" the="" discussion="" on="" ``large="" volume="" pcb="" wastes''="" at="" unit="" ii.a.="" of="" this="" preamble),="" epa="" is="" proposing="" to="" consider="" the="" site-specific="" risk="" factors="" in="" determining="" the="" appropriate="" disposal="" mechanisms="" for="" pcb="" remediation="" wastes,="" a="" category="" of="" wastes="" which="" includes="" industrial="" sludges.="" e.="" abandonment="" and="" disposal="" of="" natural="" gas="" pipeline.="" there="" are="" approximately="" 1.5="" million="" miles="" of="" natural="" gas="" pipeline="" in="" the="" united="" states,="" including="" approximately="" 275,000="" miles="" of="" interstate="" transmission="" line="" with="" the="" remainder="" comprising="" local="" distribution="" systems.="" several="" thousands="" of="" miles="" of="" pipeline="" are="" removed="" from="" service="" every="" year="" for="" a="" variety="" of="" reasons.="" one="" commenter="" suggested="" ``that="" the="" regulations="" should="" allow="" for="" the="" abandonment="" in="" place="" of="" all="" distribution="" mains="" after="" removal="" of="" any="" liquids="" by="" reasonable="" means="" and="" the="" sealing="" of="" the="" ends="" of="" each="" segment="" of="" pipe.''="" this="" commenter="" also="" suggested="" that="" the="" disposal="" requirements="" for="" drained="" hydraulic="" machinery="" and="" drained="" natural="" gas="" pipeline="" should="" be="" equivalent.="" another="" commenter="" stated="" that="" sec.="" 761.60(b)(5)(ii),="" which="" addresses="" disposal="" of="" ``other="" pcb="" articles,''="" should="" be="" revised="" to="" say="" ``the="" handling,="" storage,="" and="" disposal="" of="" the="" drained="" article="" (gas="" pipeline)="" is="" not="" regulated.''="" moreover,="" one="" commenter="" suggested="" epa="" revise="" the="" definition="" for="" pcb="" items="" ``so="" that="" natural="" gas="" pipelines="" can="" be="" regulated="" in="" a="" manner="" more="" in="" line="" with="" the="" risks="" presented.''="" a="" review="" of="" the="" history="" of="" the="" regulation="" of="" pcbs="" in="" natural="" gas="" pipelines="" is="" needed="" to="" put="" these="" comments="" into="" perspective.="" the="" use="" of="" pcbs="" in="" natural="" gas="" pipeline="" compressors="" and="" in="" the="" liquids="" found="" in="" natural="" gas="" pipeline="" is="" authorized="" at="" concentrations="" below="" 50="" ppm="" (sec.="" 761.30(i)).="" the="" current="" authorization="" does="" not="" extend="" to="" the="" use="" of="" pcbs="" in="" air="" compressor="" units="" that="" are="" routinely="" found="" at="" natural="" gas="" compressor="" stations.="" epa="" believes="" that="" the="" risk="" of="" exposure="" associated="" with="" other="" pcb="" articles="" such="" as="" hydraulic="" equipment="" are="" much="" different="" than="" the="" risk="" of="" exposure="" to="" the="" end-users="" of="" natural="" gas="" containing="" pcbs="" or="" the="" reuse="" of="" pipeline="" containing="" pcbs.="" in="" a="" final="" rule="" published="" in="" the="" federal="" register="" on="" may="" 31,="" 1979="" (44="" fr="" 31536),="" epa="" authorized="" the="" use,="" including="" servicing,="" of="" pcbs="" in="" natural="" gas="" pipeline="" compressors="" at="" levels="" above="" 50="" ppm="" until="" may="" 1,="" 1980.="" the="" authorization="" was="" intended="" to="" give="" individuals="" time="" to="" drain="" and="" refill="" these="" compressors="" with="" non-pcb="" fluid="" to="" further="" reduce="" the="" pcb="" concentration="" below="" 50="" ppm.="" epa="" determined="" that="" ``[b]ecause="" of="" the="" small="" quantities="" and="" low="" concentrations="" of="" pcbs="" involved,="" ...="" this="" authorization="" will="" not="" result="" in="" exposure="" to="" pcbs="" that="" presents="" an="" unreasonable="" risk="" to="" health="" or="" the="" environment.''="" in="" 1981,="" epa="" found="" that="" industry="" practices="" continued="" to="" result="" in="" the="" use="" of="" pcbs="" in="" at="" least="" 13="" natural="" gas="" pipeline="" transmission="" systems="" at="" concentrations="" above="" 50="" ppm,="" and="" in="" some="" instances="" above="" 500="" ppm,="" in="" violation="" of="" the="" pcb="" regulations.="" to="" address="" the="" elevated="" levels="" of="" pcbs="" found="" in="" the="" pipeline="" systems,="" epa="" implemented="" remedial="" plans="" with="" four="" basic="" objectives:="" (1)="" to="" contain="" the="" contamination="" to="" limited="" areas="" of="" the="" transmission="" system;="" (2)="" to="" eliminate="" any="" further="" entry="" of="" pcbs="" into="" the="" system;="" (3)="" to="" remove="" remaining="" pcb="" contamination="" from="" these="" systems;="" and="" (4)="" to="" ensure="" proper="" handling="" of="" pcbs="" that="" were="" removed.="" each="" of="" these="" 13="" interstate="" pipelines="" were="" originally="" presumed="" to="" contain="" pcbs="" at="" levels="" greater="" than="" 50="" ppm.="" data="" collected="" since="" a="" 1981="" compliance="" program="" was="" implemented="" showed="" the="" levels="" to="" be,="" in="" fact,="" greater="" than="" 500="" ppm.="" this="" presumption="" did="" not="" extend="" to="" other="" interstate="" pipelines="" or="" to="" associated="" distribution="" system="" pipelines.="" further,="" on="" july="" 10,="" 1984="" (49="" fr="" 28185),="" epa="" amended="" the="" regulations="" to="" allow="" the="" continued="" use="" of="" pcbs="" at="" less="" than="" 50="" ppm="" in="" the="" natural="" gas="" compressors="" and="" liquid="" of="" natural="" gas="" pipelines="" provided="" the="" compressors="" are="" marked="" in="" accordance="" with="" sec.="" 761.45(a).="" therefore,="" commenters="" questioning="" the="" disposal="" requirements="" are="" advised="" that,="" when="" the="" natural="" gas="" pipeline="" has="" been="" operated="" in="" compliance="" with="" the="" pcb="" use="" authorization="" (i.e.,="" the="" compressor="" and="" liquids="" contain="" less="" than="" 50="" ppm),="" the="" handling,="" storage,="" and="" disposal="" of="" these="" items="" are="" currently="" not="" regulated.="" reuse="" of="" this="" pipeline,="" such="" as="" for="" culverts,="" is="" not="" currently="" authorized="" by="" these="" rules;="" however,="" reuse="" of="" pipeline="" is="" specifically="" addressed="" in="" unit="" ii.d.2.b.="" and="" generally="" addressed="" in="" units="" ii.a.5.="" and="" 6.="" of="" this="" preamble.="" items="" containing="" pcbs="" at="" levels="" of="">50 ppm are subject to the
disposal requirements at 40 CFR 761.60. However, PCB-Contaminated
Articles that have been drained of all free flowing liquids could still
be abandoned in place under proposed Sec. 761.60(b)(6)(ii), as under
current Sec. 761.60(b)(5)(ii), but not used or reused.
Local distribution system pipe frequently shares public rights-of-
way, thus underlying major public infrastructures such as roadways,
water lines, sewer lines, and telephone and electrical service lines.
Unlike interstate transmission lines, testing and removal of some
distribution lines have a great potential for causing prolonged
disruption of other utilities sharing these rights-of-way. Today's
proposal at Sec. 761.60(b)(5) would allow segments of either interstate
or distribution natural gas pipelines to be abandoned in place along
these rights-of-way if certain activities were undertaken to limit the
risk of exposure. EPA believes that it is not a function of who owns
the pipeline but rather how disruptive a removal would be that is the
determining factor for allowing abandonment in these circumstances. DOT
requires that natural gas pipeline abandoned in place must be
disconnected from all sources and supplies of gas; purged of gas (but
not liquids); in the case of local distribution lines, physically
disconnected from the customer; and sealed at both ends (49 CFR
192.727). EPA believes that these requirements do not provide
protection from exposure to pipe containing PCBs, even of the small
diameters routinely found in local distribution systems because the
distribution company may lose physical control of the pipeline
containing PCBs after abandonment. EPA specifically requests data on
levels of PCB contamination in local distribution systems and the
protection from exposure to PCBs afforded by the DOT requirements for
abandonment.
EPA proposes at Sec. 761.60(b)(5)(i)(A), that when levels of PCB
contamination cannot be determined because condensate samples cannot be
collected and the pipe is too small (having an inside diameter of 4
inches or less) to be accurately wipe sampled, the pipe may be
abandoned in place if it is either filled to 50 percent of its volume
with grout or high density polyurethane foam and sealed closed at each
end, or sealed closed at each end and included in a public service
notification program, such as a ``one-call'' underground utility
warning program under DOT regulations at 49 CFR 192.614.
The proposal also provides a series of options for the removal with
subsequent disposal or decontamination of pipeline containing PCBs and
defines procedures for determining the level of contamination and
whether the pipeline contains liquid. PCB-Contaminated natural gas
pipeline, i.e., pipeline containing or contacting PCBs at
concentrations of 50 - <500 ppm,="" or="" with="" surface="" concentrations="" of="">10
- <100 micrograms="" pcb="" per="" 100="" square="" centimeters,="" or="" natural="" gas="" pipeline="" containing="" pcbs="" at="" any="" concentration="" and="" having="" an="" inside="" diameter="" less="" than="" or="" equal="" to="" 4="" inches="" could="" be="" disposed="" of="" in="" a="" solid="" waste="" landfill="" or="" an="" industrial="" furnace.="" in="" addition,="" natural="" gas="" pipeline="" containing="" pcbs="" at="" any="" concentration="" could="" be="" disposed="" of="" in="" a="" tsca="" chemical="" waste="" landfill,="" a="" tsca="" incinerator,="" by="" a="" tsca="" approved="" alternate="" disposal="" method,="" or="" as="" a="" pcb="" non-remediation="" waste="" in="" compliance="" with="" proposed="" sec.="" 761.62.="" pipe="" containing="" or="" contacting="" pcbs="" at="" concentrations="" of="" less="" than="" 50="" ppm="" or="" with="" surface="" concentrations="" of=""> 10 micrograms per 100 square centimeters
may currently be reused only as natural gas pipeline in the same
natural gas system (same company) pursuant to the use authorization at
Sec. 761.30(i); Sec. 761.30(i) does not also authorize distribution in
commerce. In Sec. 761.79, Decontamination, EPA proposes cleanup levels
and procedures for surfaces for reuse and for determining current
regulatory status. This section is also applicable to natural gas
pipelines and associated equipment.
f. Disposal of solvents. EPA, in response to several comments and a
related judicial decision [In the matter of: Rollins Environmental
Services (N.J.), Inc., Docket No. II-TSCAPCB-88-0116 (July 13, 1989),
Rollins Environmental Services (NJ) Inc. v. EPA, 937 F.2d 649 (D.C.
Cir. 1991)], is proposing to clarify the disposal requirements relating
to solvents used in decontamination procedures. Current regulations at
Sec. 761.79(a) explicitly require the disposal of solvents used to
decontaminate PCB containers in a TSCA approved facility once the PCB
concentration in the solvent reaches 50 ppm PCBs. Section 761.79 does
not address the disposal requirements for solvents used to
decontaminate that do not reach 50 ppm. Existing rules at Sec. 761.1(b)
require solvents used in decontamination to be disposed of as PCBs
regardless of the final concentration of PCBs in the solvent. Such
solvents have been in contact with PCBs and as such are regarded as
containing the concentration of the original PCBs because of the
principle of anti-dilution. The PCB rules currently contain no other
provisions for decontamination; however, EPA has approved various
decontamination-like activities under Sec. 761.60(e). PCB disposal
approvals for decontamination-like activities, issued under
Sec. 761.60(e), specify disposal requirements for solvents. In the
Rollins Circuit Court decision, the disposal requirements for solvents
that contain less than 50 ppm PCB used to decontaminate PCB containers
were found to be unclear. In order to clarify this situation, EPA is
proposing to amend the provisions at Sec. 761.79 to allow hydrocarbon
solvents containing less than 50 ppm PCBs to be used in accordance with
the provisions for used oil as outlined in Sec. 761.20(e) or to be
decontaminated themselves through processes such as filtration.
g. Disposal of waste generated during the chemical analysis of
PCBs. Chemical analysis is needed to determine PCB concentrations for
the purposes of determining compliance with the PCB regulations;
characterize PCB contamination; determine the effectiveness of various
decontamination and treatment technologies; and determine PCB levels in
humans and their food chain. The chemical analysis of PCBs includes
sample preparation, sample extraction, extract concentration, extract
cleanup, addition of PCB standards, and instrumental analysis. There
are several possible wastestreams resulting from the chemical analysis
of PCBs: excess sample, potentially contaminated drying agent
(anhydrous sodium sulphate), extract solvent removed during extract
concentration (acetone, hexane, methylene chloride, etc.), cleanup
column packing materials (alumina, florisil, etc.), cleanup liquids
(concentrated sulfuric acid), glassware, filtering materials, extracted
sample material, and excess extract. In addition, analytical
instrumentation is contaminated and therefore regulated if regulated
PCBs are analyzed.
The relatively small amount of PCBs extracted in a sample is often
diluted significantly in most potential laboratory wastes, and most
wastes that cannot be recycled contain materials that should absorb
PCBs. Extraction of small amounts of PCBs resulting from PCB analysis
would likely be more burdensome than disposal in a controlled disposal
facility and would result in less reduction in risk. Therefore, EPA is
proposing at Sec. 761.64 special disposal provisions for laboratory
waste.
All samples, including extracted sample material, would remain
regulated for disposal, but could be returned to the site of generation
for disposal according to the concentration measured in the sample. EPA
is also proposing to permit, under certain conditions, the recycling
for reuse of limited quantities of organic solvents used in the
chemical analysis process described above. This change would result in
cost savings to the laboratory by not having to replace used solvent,
that could otherwise be safely and economically recycled by
distillation within the laboratory, and would also result in
minimization of laboratory waste solvents for disposal. In addition,
EPA is proposing to allow the disposal of small quantities of non-
liquid waste according to their existing (or presumed) concentration
even though that concentration is known to be the result of dilution
from performance of chemical analysis. EPA believes that the relatively
small quantity of these wastes which are generated, their low
concentrations of PCBs in non-liquid materials, and the significant
quantity of materials in the non-liquid waste which would absorb PCBs
present make disposal of these materials in a RCRA approved or TSCA
approved landfill a safe and economical option.
h. Transboundary movement of PCBs for disposal. EPA periodically
receives requests from individuals wishing to import or export PCBs for
disposal. Current regulations at 40 CFR 761.20(b)(2), promulgated under
section 6(e)(1) of TSCA, authorize the import or export for disposal of
PCBs only at concentrations less than 50 ppm. EPA believes there are
instances where the import or export for disposal of PCBs at higher
concentrations would not pose an unreasonable risk of injury to health
or the environment. EPA therefore proposes to amend Sec. 761.20(b)(2)
and add Sec. 761.20(b)(3) to create certain categorical exceptions to
the general ban on import for disposal of PCBs at 50 ppm or greater and
to clarify what constitutes import or export for purposes of this
regulation. This proposal would also establish a petition procedure
under proposed Secs. 761.20(b)(4) and (c)(3) under which other imports
and exports for disposal could be allowed on a case-by-case basis. This
section of the proposal would not alter the current ban on import or
export of PCBs at 50 ppm or greater for purposes other than disposal
(including import for use, reuse, or recycling), or affect the meaning
of the terms ``import'' or ``export'' for any other provisions of TSCA.
When EPA addressed the issue of import and export for disposal in
1979, it noted that regulation of these types of activities could be
accomplished under TSCA section 6(e)(1), which governs disposal
activities, or alternatively under section 6(e)(3), which governs
manufacture and import activities (44 FR 31514, 31526 (May 31, 1979)).
Based upon the authority in section 6(e)(1), EPA elected to issue
comprehensive regulations that temporarily authorized the import and
export of PCBs for disposal, otherwise known as the ``Open Border
Policy.'' EPA decided not to extend these regulations in 1980 and they
expired (45 FR 29115 (May 1, 1980)).
In 1984, EPA issued the current PCB regulations that address import
and export for disposal (40 CFR 761.20(b) and 761.60(h)). Section
761.60(h) provides that the import and export of PCBs and PCB Items for
purposes of disposal are regulated under section 761.20. Section
761.20(b)(2) authorizes only the import or export for disposal of PCBs
at concentrations of less than 50 ppm. The current rules do not
authorize import or export for disposal of PCBs at higher
concentrations. In the absence of a general rule that allows the import
or export for disposal of such PCBs, the only way that such wastes may
currently be imported or exported is if EPA grants an exemption
pursuant to TSCA section 6(e)(3).
This rule is designed to control the transboundary movement of PCB
waste in a manner consistent with the Basel Convention on the Control
of Transboundary Movement of Hazardous Wastes and their Disposal. EPA
is requesting comment on the circumstances under which the U.S. border
should be opened to transboundary shipments of PCBs for disposal. The
options range from allowing all imports for disposal under section 6(e)
to maintaining the current closed border status, and might include
opening the border to PCBs from a limited geographic area such as the
Great Lakes drainage basin. Today's proposal, if finalized, would
retain the general prohibitions on import and export of PCB wastes at
concentrations of 50 ppm or greater, with certain exceptions described
below.
Import. Proposed Sec. 761.20(b)(2) would allow three exceptions to
the general prohibition on import of PCBs for disposal. Proposed
Sec. 761.20(b)(3) would clarify what constitutes import for purposes of
this regulation. EPA could add categorical exceptions to proposed
Sec. 761.20(b)(2) and (b)(3) should the need arise in the future.
(1) Imports of PCBs at concentrations less than 50 ppm. Because
the Administrator has made the finding that PCBs at concentrations less
than 50 ppm present no unreasonable risk to health or the environment,
import for disposal of these PCBs would continue to be allowed.
(2) Import of PCB wastes from United States territories or
possessions that are outside the customs territory of the United States
into the customs territory of the United States for disposal. TSCA and
the regulations issued thereunder at 40 CFR Part 761 regulate the
manufacture, import, distribution, processing, use, storage, and
disposal of PCB waste in the United States. The terms ``United States''
and ``States'' are defined at sections 3(13) and 3(14) of TSCA to
include ``any state, D.C., Puerto Rico, Virgin Islands, Guam, the Canal
Zone, American Samoa, Northern Mariana Islands, or any other territory
or possession of the United States.'' TSCA does not define imports
specifically, but section 13 of TSCA requires the Secretary of the
Treasury to refuse entry into the customs territory of the United
States (as defined in general headnote 2 of the Tariff Schedules of the
United States) of any chemical substance, mixture, or article offered
for entry if it fails to comply with any rule under TSCA. In the Tariff
Schedules, ``customs territory of the United States'' is defined as
``any State of the United States, the District of Columbia, and Puerto
Rico.'' Thus, a problem arises when a territory or possession which is
outside the customs territory of the United States attempts to ship PCB
wastes back into the customs territory of the United States for
disposal. Any such transfer of such PCB wastes at concentrations of 50
ppm or greater would be considered a prohibited import under existing
regulations. This is problematic because most United States territories
and possessions outside the customs territory do not have adequate
disposal facilities. Since PCBs persist in the environment, improper
disposal of PCBs in those territories or possessions could create an
unreasonable risk to health or the environment in the territory or
possession of the United States. Therefore, EPA proposes to allow
transfers of PCBs from United States territories or possessions that
are outside the customs territory of the United States into the customs
territory of the United States for disposal.
(3) Imports of PCBs for disposal where EPA determines that it is in
the interests of the United States and will not result in unreasonable
risks to health or the environment. In addition to the categorical
exceptions listed above, there may be instances in which it would be in
the interests of the United States to allow import of PCBs for
disposal. This might be the case where PCBs were located outside the
United States, but in close proximity to the United States, and
adequate disposal facilities were not available in the country in which
they were located. Import of the PCBs into the United States for
disposal might be in the interests of the United States to mitigate an
unreasonable risk to health or the environment in the United States
that could not be mitigated by other means. It might be in the
interests of the United States to allow import of PCBs for disposal to
implement a federal law such as CERCLA, or to carry out United States
obligations under a treaty or other international agreement. EPA would
not be inclined to find that import for disposal was in the interests
of the United States solely because disposal of the PCBs in this
country was less expensive. EPA proposes to allow imports for disposal
that are in the interests of the United States on a case-by-case basis
where they would not pose an unreasonable risk of injury to health or
the environment.
Under its section 6(e)(1) authority to regulate disposal, EPA
proposes to allow these case-by-case exceptions to the ban on import
for disposal of PCBs at concentrations of 50 ppm or greater at EPA's
initiative or in response to a petition. Under proposed
Sec. 761.20(b)(4), any person may petition EPA for an exception to the
prohibition on import for disposal, and EPA may grant such an exception
if it finds that to do so would be in the interests of the United
States and would not result in unreasonable risk of injury to health or
the environment.
Petitions would be filed with the Director, Chemical Management
Division. The Director has the authority to issue TSCA PCB disposal
approvals in certain instances and is responsible for coordination and
oversight of PCB disposal activities in the United States. Therefore,
the Director is in the most advantageous position to require proper
disposal of imported PCBs. Petitions would have to be submitted on an
individual basis for each individual that would be subject to the
exception. If EPA determined that it was appropriate to create a
categorical exception, it could do so by adding through rulemaking to
the categorical exceptions proposed at Sec. 761.20(b)(2) and (b)(3).
Information to be included in the petition is specified at proposed
Sec. 761.20(b)(4)(i) through (vii). The petitioner would be notified of
EPA's decision by letter.
To implement the proposed Sec. 761.20(b)(2) through (4), EPA is
also proposing at Sec. 761.20(b)(5) that all PCBs at concentrations
greater than or equal to 50 ppm that are imported for disposal must be
disposed of in an EPA designated facility which has a TSCA PCB disposal
approval. Each facility's TSCA PCB disposal approval would have to
contain specific conditions addressing at a minimum its designation to
receive specified shipments of imported PCBs for disposal, analytical
data on wastes to be imported including their compatibility with the
facility's approved waste disposal techniques, prior notification and
certification to EPA of adequate disposal capacity, use of the manifest
system, provisions for financial responsibility for the imported PCBs
from the port of entry through final disposal, appropriate
recordkeeping for these activities, and any other conditions that EPA
found were necessary to ensure that the import and disposal of PCBs did
not present an unreasonable risk of injury to health or the
environment. Since EPA cannot easily reach foreign generators of
imported PCBs to enforce liability provisions of TSCA or other Federal
statutes and cannot be assured that shipments of imported PCBs could be
returned to their country of origin if they could not be disposed of at
the designated facility, conditions would be included in disposal
approvals to address these situations. Imported PCBs could also be
decontaminated under the proposed changes to Sec. 761.79. However, the
PCBs would have to be imported to a commercial storage facility which
had a PCB commercial storage approval, unless exempt, including special
approval conditions for imported wastes, as noted above.
Export. When EPA announced the expiration of the Open Border Policy
in 1980 it stated, with regard to exports, that it would not grant an
exemption unless the nation to which the export was destined had proper
facilities for ultimate disposal (See 45 FR 29115). EPA believes that
export of PCBs to other countries needs to be limited so as not to pose
a risk of injury tohealth or the environment in those countries and
that to the maximum extent practicable, each nation should manage its
own waste within its own borders. Therefore, EPA is proposing at
Sec. 761.20(c)(3) to allow export for disposal of PCB waste at
concentrations of 50 ppm or greater on a case-by-case basis unless EPA
has reason to believe that the PCBs in question will not be properly
managed, where the receiving country has an international agreement
consistent with the international obligations of the United States
relating to transboundary movements of PCBs and their disposal, with
the U.S. Government concerning such exports; the government of the
receiving country certifies to EPA that it has received accurate and
complete information about the waste, consents to receive it, and has
adequate disposal facilities to assure proper management; and the
exporter identifies waste containing liquid PCBs or PCB-containing
electrical equipment. As an example, vessels are sometimes exported for
salvage of the considerable amounts of metal they contain. PCBs present
in integral components of the ships, such as wire cable or air handling
system gaskets, could be exported with the ship under conditions
specified in the export approval. EPA could require as a condition of
approval for export that PCBs found in large capacitors, transformers,
and hydraulic or heat transfer fluids, be removed prior to export for
disposal. EPA could allow such exports for disposal on its own
initiative or in response to a petition. Other information that would
have to be included in the petition is set out at proposed
Secs. 761.20(c)(3).
Other transboundary shipments. Certain types of movement of PCB
wastes accross national borders is not considered to be either import
or export.
(1) Transport of PCB waste generated in the United States through a
foreign country (and any residuals resulting from cleanup of spills of
such waste in transit) for reentry into the United States for disposal.
The proposal would clarify that PCB waste generated in the United
States may be transported through a foreign country and returned to the
United States for disposal. For example, PCB waste generated in
Michigan could be transported across Canada for disposal in New York.
Any residual PCB waste resulting from the cleanup of spills that might
occur in transit could also be brought into the United States for
disposal. Otherwise, it would be impractical and inefficient to
transport PCBs generated in certain parts of the United States to
nearby United States disposal facilities. This provision is included in
Sec. 761.20(b)(3) as a clarification. For purposes of this regulation,
EPA considers such shipments to be transit shipments, not exports or
imports.
(2) Return for disposal of wastes that result from PCBs that were
procured domestically by the U. S. Government, taken overseas for use
by the U. S. Government, and that have remained under U. S. Government
control since the time of procurement (including any residuals
resulting from cleanup of spills of such wastes during use, storage, or
in transit). In conjunction with U. S. Government operations, PCBs may
be taken to United States facilities abroad for use. Because these PCBs
have always been the property of the United States, and because
disposal facilities for these wastes might not be readily available
overseas, they would be permitted back into the United States for
disposal along with any residuals resulting from cleanup of spills
occurring during use, while in storage for reuse or awaiting shipment
for disposal, or in transit. For purposes of this regulation, EPA would
not consider these shipments to be exports or imports.
i. Landfilling of liquid PCBs. EPA proposes to remove the
provisions allowing for the disposal of liquid PCBs, which have been
stabilized on-site prior to disposal, at a chemical waste landfill,
Sec. 761.60(a)(2)(ii), Sec. 761.60(a)(3)(ii), and
Sec. 761.75(b)(8)(ii). These provisions were established in the May 31,
1979 rulemaking, since at the time of the rulemaking there was a
limited number of incinerators permitted to burn PCB waste and disposal
capacity was a concern. Currently, and as can be reasonably expected in
the future, the amount of low concentration PCB liquids anticipated to
be designated for disposal and in storage for disposal can easily be
accommodated within the existing and anticipated future PCB disposal
technologies other than landfilling. The existing PCB disposal and
storage for disposal regulations and the amendments proposed in this
rulemaking are expected to accommodate the surplus in the disposal
capacity supply.
Further support for this deletion of a disposal option for liquid
PCBs having low PCB concentrations is the prohibition on landfilling
liquid hazardous wastes containing PCBs under the RCRA land disposal
restrictions at 40 CFR 268.42.
j. Self-Implementing requirements for research and development for
PCB disposal activities-- 1. General. This change would eliminate the
time-consuming process of obtaining an R&D approval in order to engage
in limited R&D into PCB disposal. R&D for PCB disposal not conforming
with the limitations of this section would require written approval or
written waiver of the requirements of a Secs. 761.60(e), 761.60(i)(2),
or 761.70(a) or (b) approval by the Regional Administrator in the EPA
Region where the R&D would occur. Persons engaged in research and
development into PCB disposal technologies would now be required to
obtain an EPA identification number.
EPA proposes at Sec. 761.60(j) a self-implementing approval for
research and development (R&D) for PCB disposal activities. Limitations
are proposed for the amount of PCB material disposed of, the
concentration of the PCBs disposed of, the total amount of PCBs, and
the duration of the R&D for disposal activity. All treated and
untreated PCB materials from a PCB R&D for disposal activity would be
required to be disposed of according to Sec. 761.60(a)-(e).
2. Definition of R&D for PCB Disposal. An individual engaged in R&D
for PCB disposal activities is someone who is not accepting PCB waste
on a commercial scale; the person is involved solely in the R&D for
preliminary investigation and limited scale up of PCB disposal
technologies and may or may not possess a TSCA PCB R&D Approval issued
according to Secs. 761.60(e), 761.60(i)(2), or 761.70(a) or (b).
3. Limitations. EPA is proposing at Sec. 761.60(j) that the maximum
quantity used annually under this exemption for PCB treatability study
samples be 70 cubic feet for solid material or 500 gallons for liquid
material. This should be a sufficient amount of material for conducting
small-scale treatability studies. If additional material is needed to
conduct the study, the Regional Administrator may at his or her
discretion grant requests on a case-by-case basis for quantity limits
in excess of those specified or require a formal R&D approval if the
increased quantity could present an unreasonable risk to health or the
environment.
In addition to a quantity cut-off, EPA is proposing at
Sec. 761.60(j) to limit the maximum concentration for PCB waste that is
used in a treatability study to 10,000 ppm for those utilizing the 500
gallon or 70 cubic feet volume cap or 1 kilogram (kg) of pure PCB waste
annually at the facility. It has been EPA's experience in the past in
reviewing applications for R&D approvals and in discussions with those
in the waste treatment field, that it is rare that one would need a
sample that contains more than 10,000 ppm PCBs to conduct a small-scale
treatability study. The concentration limits are also proposed based on
the Agency's concern with the potential risks associated with the
distribution in commerce (without a manifest) and handling of high
concentration PCBs.
EPA is also limiting the approvals under proposed Sec. 761.60(j) to
one calendar year to evaluate the progress and scope of the R&D and to
plan for potential formal permitting of successful technologies.
4. Permitting and exceeding the limitations. Under the proposal, a
the laboratory conducting the treatability study conforms to the
criteria of Sec. 761.60(j), then it is not subject to the permitting
requirements of Secs. 761.60(e), 761.60(i)(2), or 761.70(a) or (b). The
Agency feels that the criteria in proposed Sec. 761.60(j) coupled with
the applicable provisions of OSHA regulations at 29 CFR part 1910
provide adequate oversight and protection to health and the environment
to forego the need for formal permitting. The Regional Administrator or
Director, CMD would, however, have the authority even in cases where
the R&D activity would not exceed the maximum allowable volume (500
gallons of liquid or 70 cubic feet of solid) or the maximum allowable
concentration (10,000 ppm or 1 kg of pure PCB), to require the
requestor to submit a formal permit application if the disposal
activity could present an unreasonable risk of injury to health or the
environment. Under proposed Sec. 761.60(j), the Regional Administrator
in the Region in which the R&D disposal activity is proposed would have
to be informed in writing at least 30 days prior to the commencement of
the disposal activity.
5. Notification. Individuals engaged in conducting R&D for PCB
Disposal would also be required to submit EPA Form 7710-53, even though
they may have notified EPA as a ``Permitted Disposer.'' There is a new
category on EPA Form 7710-53 designated as R&D/Treatability included
for the notification.
III. Other Regulatory Changes and Clarifications
The following issues were identified in the ANPRM as items where
changes may be appropriate. These revisions include providing
clarification on certain provisions (e.g., the 1-year time limit for
storage and disposal requirement) and amending the regulations where
appropriate, eliminating seemingly duplicative requirements (e.g.,
marking), and creating new provisions to promote efficiency in disposal
operations (e.g., temporary storage of greater than 500 ppm PCB
liquids).
A. Marking
The regulations at Sec. 761.40(b) and (e) essentially express the
same requirements with regard to the marking of transport vehicles when
loaded with PCBs in the liquid phase at concentrations of 50 ppm or
greater. In the ANPRM, EPA solicited comments on the best remedy for
this regulatory duplication. In response to the ANPRM, commenters
expressed general support for EPA's overall objective to clarify the
language and eliminate duplication in the marking regulations. Several
commenters suggested that both Sec. 761.40(b) and (e) be deleted and
totally rewritten. Other suggestions included combining the paragraphs,
rewriting both subsections, or deleting one and updating the other.
In today's proposal, EPA proposes 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). This
amendment would not result in any substantive change.
Further, EPA has determined that Large Low Voltage Capacitors often
are not identified and disposed of properly at the time of removal,
because they are not required to be marked while in use. Therefore, EPA
is proposing to strengthen the marking requirements for Large Low
Voltage Capacitors to include those still in use. Because of these
identification and disposal concerns, the Agency is proposing at
Sec. 761.40(k) that all PCB Equipment in use containing PCB
transformers or PCB Large Capacitors be marked with the mark ML.
The Agency is also aware of reports that PCB Capacitors were not
marked because they were assumed not to contain PCBs. To clarify what
capacitors must be assumed to contain PCBs, EPA is proposing to amend
the definition of ``Capacitor'' in Sec. 761.3 to clarify that a
capacitor whose PCB concentration is unknown generally must be assumed
to contain 500 ppm or greater PCBs. This should make it evident to
readers that this rule applies to the marking, use, and recordkeeping
requirements, and not just disposal.
B. Department of Transportation Containers for Storage of PCB Waste
Currently, the regulations at Sec. 761.60(b)(2)(vi) and
Sec. 761.65(c)(6) specify the use of Department of Transportation (DOT)
specification containers for PCB storage and disposal. Section
761.65(c)(7)allows liquid PCB waste to be storedin containers that are
larger than the DOT containers specified at Sec. 761.65(c)(6), provided
they meet OSHA requirements (Sec. 761.65(c)(7)(i)). In addition, a
Spill Prevention Control and Countermeasure (SPCC) Plan must be
prepared and implemented in order for these larger containers to be
used. For non-liquid PCB waste, containers larger than those specified
in Sec. 761.65(c)(6) may be used, if they provide as much protection
against leaks and exposure as the DOT containers, and they are of the
same relative strength and durability. In short, the current
regulations require the most durable containers be used for storing
and/or transporting PCBs, which in most cases, and in particular when
storing PCB/radioactive waste, may not be the best alternative (See
discussion at Unit II.C.--PCB/Radioactive Waste).
EPA is proposing to amend Sec. 761.60(b)(2)(vi) and
Sec. 761.65(c)(6) by deferring to the DOT container requirements for
the storage and transportation of PCBs. EPA proposes to eliminate all
citations to specific container type and to cross reference the new
performance-based DOT container requirements set forth in the DOT
Hazardous Material Regulations (HMR) at 49 CFR Parts 171-180. EPA
regulates PCBs at a much lower concentration than DOT. Therefore, EPA
would also like to emphasize that although some material may not be
subject to DOT regulations, part 761 would still require these
materials to be packaged in accordance with the DOT regulations, that
is, in DOT authorized containers. PCBs are shown in the Hazardous
Materials table at 49 CFR 172.101, in Packing Group II. However, under
those regulations PCBs that are transported by highway or rail need
only be packaged pursuant to Packing Group III. PCB/radioactive, PCB/
fissionable material, PCB/mixed waste, and PCB/hazardous waste not
packaged in accordance with the HMR are not allowed to be transported.
Additionally, readers are advised that the HMR as amended on December
21, 1990 (55 FR 52402) prohibits the construction of DOT specification
packaging previously designated for the storage of PCB waste (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.
Although most commenters agreed with EPA's decision to defer to DOT,
one commenter suggested that EPA continue to list all containers
authorized by DOT. However, such an approach would defeat EPA's
objectives in amending the PCB rules which are to provide flexibility
to industry and to minimize the resource burden associated with
updating the PCB regulations each time DOT modifies its requirements.
C. Definition of a PCB Transformer and PCB-Contaminated Electrical
Equipment
The proposed amendment to the definition of a PCB Transformer at
Sec. 761.3 provides: ``PCB Transformer means any transformer that
contains 500 ppm PCBs or greater. A transformer is a PCB Transformer
if: the nameplate indicates that the transformer contains PCB
dielectric fluid; the owner or operator has any reason to believe that
the transformer contains PCB dielectric fluid; or the transformer
dielectric fluid has been tested and found to contain PCBs at 500 ppm
or greater. A transformer is assumed to be a PCB Transformer if: the
transformer does not have a nameplate; records do not exist that
indicate the type of dielectric fluid; or records do not exist that
indicate the PCB concentration.'' In order to clarify the current
definitions of ``PCB-Contaminated Electrical Equipment'' (specifically
PCB-Contaminated Transformer within this definition) at Sec. 761.3, EPA
is proposing incorporate into this definition the provisions of the
``assumption rule'' in this preamble to the PCB to the PCB Ban rule (44
FR 31517, May 31, 1979).
EPA inspectors have suspected that some owners of transformers are
abusing the ``assumption rule'' to avoid the stricter disposal
requirements of Sec. 761.60. An example of such an avoidance technique
is the removal of the manufacturer's nameplate or other identifying
information that could be used to classify a transformer as PCB.
Additionally, the possibility exists that a transformer may have been
serviced with fluid containing 500 ppm PCBs or greater. For purposes of
clarification, ``records'' as used above refers to servicing records,
manufacturers certifications and/or other data that would indicate or
impact PCB concentration. Generally, commenters expressed support for
EPA's effort to clarify the existing definition of a PCB Transformer.
In addition, the current definition of PCB-Contaminated Electrical
Equipment at Sec. 761.3 which includes ``oil-filled electrical
equipment,'' has been misinterpreted to mean that a transformer with
any oil in it could be assumed to be PCB-Contaminated (50 to 499 ppm).
To further clarify this definition, the Agency is proposing to add the
word ``mineral'' before the words ``oil filled''. In addition, language
would be added to this definition which states that ``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.'' Historically, mineral oil transformers encompassed
the vast majority of non-askarel transformers; however, over time the
types of non-askarel transformers have expanded to include, for
example, silicone filled transformers. Adding this clarification would
reestablish the Agency's intent when this definition was added to the
regulation in August of 1982 (46 FR 37342) that mineral oil filled
transformers are assumed to be PCB-Contaminated (50 to 499 ppm)
Some commenters suggested that instead of amending the definition,
the Agency should consider requiring that these units be tested prior
to disposal. Others commented that EPA should provide immunity from
enforcement action to owners who assumed their oil-filled electrical
equipment was PCB-Contaminated Electrical Equipment when it was later
determined that the transformer contained PCBs at 500 ppm or greater.
While the costs of testing have decreased since 1979, EPA is not
proposing to change its long standing policy, which does not require
testing transformers prior to disposal, while the equipment is in use.
Nonetheless, owners of electrical equipment containing PCBs should
consider verifying the concentration prior to disposal to avoid
violations of TSCA. In addition, EPA is not proposing to issue a
blanket exemption from enforcement action for use of a mineral oil
transformers assumed to contain less than 500 ppm PCBs but later found
to contain PCBs at 500 ppm or greater. The regulations at
Sec. 761.30(a)(1)(xv) currently describe procedures for bringing such
transformers into compliance with the use authorization provisions. For
example, in order to qualify for the current use authorization, all PCB
Transformers were required to have been registered with fire response
personnel by December 1, 1985 (Sec. 761.30(a)(1)(vi)). PCB transformers
erroneously assumed to have been contaminated at less than 500 ppm PCBs
must be registered within 30 days of discovery of the actual
contamination level with the required fire response personnel
(Sec. 761.30(a)(1)(xv)(D). If it cannot be demonstrated (e.g., by the
production of the receipt from a registered letter used to register the
transformer and signed by the fire response personnel) that, this
registration has taken place, then that PCB Transformer is not
authorized for use under Sec. 761.30.
The Agency is seeking information regarding numbers of small
transformers or other electrical equipment that contains PCBs. These
small transformers or other types of small electrical equipment
generally do not have nameplates and are not easily sampled. Some
examples of this type of equipment are: potential transformers, current
transformers, instrument transformers, grounding transformers, voltage
transformers, and ignition transformers. These small transformers can
range in size from several inches to several feet in height. Such small
transformers can be filled with oil, epoxy, or tar-like potting
compounds that contain PCBs, or they could be ``dry''. Since these
small transformers generally do not have a nameplate, under the
proposed amendment to Sec. 761.3 they would have to be assumed to be
PCB Transformers and would be subject to the use requirements at
Sec. 761.30(a) and the disposal requirements at Sec. 761.60(a).
The Agency is also soliciting comments regarding the disposal
requirements that could be imposed on these small transformers or other
similar types of small electrical equipment. Their disposal
requirements could resemble those for small capacitors (e.g., 3 pounds
of dielectric fluid (Sec. 761.60(b)(2)(ii)) or could be expanded to
include the size (physical dimensions) or the total weight of the
equipment as well. Such small transformers or similar small electrical
equipment, meeting the size or weight conditions, could be authorized
for disposal in an approved chemical waste landfill under Sec. 761.75,
or if less stringent disposal was deemed protective, in a municipal
solid waste landfill.
D. Drained PCB-Contaminated Transformers
Drained PCB-Contaminated Electrical Equipment is unregulated for
disposal under the existing regulations at Sec. 761.60(b)(4) and may be
salvaged through smelting, a process recognized by EPA as an acceptable
form of disposal when certain conditions are met. EPA solicited
comments in the ANPRM on whether the Agency should consider amending
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 decontamination and
stricter controls to ensure that units were completely drained were not
well received by commenters. In particular, most commenters stated that
the anecdotal information that drained PCB-Contaminated Electrical
Equipment carcasses were used for barbecue grills reflected isolated
instances of non-compliance.
Considering the low potential exposure to humans and the
environment and the valuable metals that could be salvaged for
recycling, EPA is proposing to modify the disposal requirements at
Sec. 761.60(b)(4) for drained PCB-Contaminated Electrical Equipment by
including this equipment under the proposed general ban against open
burning of PCBs and allowing disposal only in facilities that are
permitted, licensed, or registered by a State to manage municipal or
industrial wastes (excluding thermal treatment units), in an industrial
furnace or in a TSCA approved disposal facility (See Unit II.B.2. of
this preamble). Finally, EPA also proposes to add language to
Sec. 761.60(b)(4) which states that for a period of not less than 48
hours, equipment should be allowed to drain, so that as much liquid as
possible is removed from the equipment to further reduce PCB content
prior to disposal.
E. Transfer of Totally Enclosed PCBs
Under current rules, PCB Items with concentrations of 50 ppm or
greater, sold before July 1, 1979, for purposes other than resale may
be distributed in commerce in a totally enclosed manner
(Sec. 761.20(c)(1)). While under Sec. 761.20(c)(1), totally enclosed
PCB Items such as transformers, and Large High and Low Voltage
Capacitors 50 ppm (as defined in Sec. 761.3) may be
distributed in commerce (e.g., sold), EPA requested comment in the
ANPRM on the requirement that records be maintained on these
transactions. Generally, commenters were very supportive of the
requirement that records be maintained to document the distribution in
commerce of these items.
With the proposed recordkeeping requirement at
Sec. 761.180(a)(2)(ix), EPA seeks to prevent illegal disposal of PCB
Items, including PCB and PCB-contaminated transformers and Large
Capacitors, by those who explain the disappearance of such items by
claiming a sale has occurred. To minimize the potential for illegal
disposal, EPA is proposing that the name, address, and phone number of
the parties to which the item was transferred, the date of transfer,
and the identifying number of the item be recorded in the annual
document log for any distribution in commerce of a PCB Item (excluding
small capacitors) with a concentration of 50 ppm or greater. In
addition, EPA suggests that summary information relevant to the
equipment (e.g., PCB content, servicing, and inspection records) and
its compliance with applicable sections of part 761 be passed on to the
new owner.
EPA had anticipated in the ANPRM that this recordkeeping
requirement would be imposed pursuant to a sale. However, in order to
avoid claims that the transaction is exempt from the proposed
recordkeeping requirement because it involved no transfer of money, EPA
is proposing to require that any transfer of ownership resulting in the
transformer or other PCB Item being distributed in commerce, be
included in the recordkeeping requirement.
The intent behind this proposed recordkeeping requirement is to
identify instances of illegal disposal hidden behind the guise of a
transfer of ownership. As such, EPA is seeking to require additional
information on transactions which result in the removal of the
transformers and capacitors from the property. In this proposal, EPA
would not require the annual document log to identify the transfer of
ownership of PCB Items (excluding small capacitors) with a
concentration of 50 ppm or greater when that transfer was included in a
real estate transfer. For example, a company sells a warehouse and the
surrounding property. As long as the transformers and capacitors were
transferred in the same transaction as the real estate, a separate log
of the transaction would not be necessary.
A few commenters to the ANPRM suggested that the sale of totally
enclosed electrical equipment should be banned outright. EPA believes
that the sale or transfer of totally enclosed PCB Items should not be
banned and that there is still a legitimate need for such equipment.
However, EPA believes that additional controls are needed to ensure
proper disposal of such equipment.
One commenter stated that a recordkeeping requirement would be
impossible since not all PCB Items (e.g., PCB-Contaminated
Transformers, or Large Capacitors) are marked with a serial number.
Although EPA proposes that the records include the serial number of the
equipment, the absence of a serial number should not preclude EPA from
tracing an illegal disposal. Therefore, EPA is proposing that any
internal identification number that the company uses to identify the
specific PCB Item be included in the records. Any facility with PCB
Items (excluding small capacitors) with a concentration of 50 ppm or
greater not equipped with manufacturer identification numbers should
develop some mechanism for identifying those pieces of equipment for
activities such as maintenance or quarterly inspections. The proposal
would require permanent marking, such as engraving of an internal
identifying number in a prominent location on the equipment, as a means
of identifying this equipment. Absent a manufacturer's identification,
the company's own identification number would have to be documented on
the records.
Several commenters recommended that the recordkeeping requirement
be included in the annual record requirements at Sec. 761.180(a). EPA
agrees that this would be an appropriate method of maintaining the
records of a transfer of ownership of a PCB Item (excluding small
capacitors) with a concentration of 50 ppm or greater. Therefore, EPA
is proposing to implement this requirement by adding paragraph (ix) to
Sec. 761.180(a)(2).
F. Change in Reportable Quantity -- Spill Cleanup Policy
In attempting to provide more consistency with other Federal
statutes, EPA solicited comments on whether Sec. 761.125(a)(1) should
be modified to the new reporting requirement to the National Response
Center. Changing the notice requirements from 10 pounds to 1 pound or
more of pure PCBs, would reflect changes made to the reportable
quantity (RQ) under CERCLA at 40 CFR part 302. In addition to seeking
comments on this issue, the Agency restated its objective in
establishing the TSCA PCB Spill Cleanup Policy of April 2, 1987; i.e.,
to provide guidance for the cleanup of recent (after May 4, 1987) or
fresh spills. Commenters conveyed general support for changing the
National Response Center RQ to 1 pound or more of pure PCBs. However,
some suggested addressing old spills by applying the TSCA PCB Spill
Cleanup Policy, while others recommended changes to the Regional
reporting requirement. In considering these options, EPA concluded it
is inappropriate to change the current policy to address these issues
at this time. EPA's objective in initiating this rulemaking is to
provide flexibility and to remove redundancies without weakening the
existing policy. Finally, further discussion of EPA's position
regarding the remediation of old spills can be found by referring to
Unit II.A., ``Large Volume PCB Wastes'' in this notice.
In this rule, EPA proposes to change only the notice of a reporting
requirement to the National Response Center at Sec. 761.125(a)(1) by
lowering the RQ to 1 pound or more of pure PCBs to be consistent with
CERCLA.
G. PCB Storage Requirements
1. Indefinite storage of PCB Articles designated for reuse. EPA
regulations specifically state at 40 CFR 761.65(a) that any PCB
Articles or PCB Containers that are stored for disposal shall be
removed from storage and disposed of within 1 year from the date when
it was first placed into storage. However, there currently is no
comparable provision in the regulations that addresses the length of
time a PCB Article may be stored for reuse. Further, EPA has been made
aware of situations where PCB Transformers and PCB-Contaminated
Transformers have been held ``in storage for reuse'' well beyond a time
when it is reasonable to expect the equipment could be reused. This
storage is being done under the pretext that the equipment is being
retained as ``spares'' for critical components of existing electrical
systems or that at some future date the owner will service the unit. It
was not EPA's intent to allow PCB Articles that clearly could not be
reused due to their state of disrepair, and therefore should be
disposed of, to remain in storage for ``reuse.'' This activity
constitutes illegal disposal and creates additional risks of
environmental exposure to PCBs while the equipment is ``in storage for
reuse.''
EPA is aware, however, that there are many legitimate instances
which warrant the storage of PCB equipment for many years for the
purpose of reuse as spares for critical components of electrical
systems. These are typically intact and nonleaking PCB Articles which
are treated as if they were in service. Many comments received in
response to the ANPRM suggested that limiting storage for reuse would
in effect amount to a new use restriction without any apparent basis
from the standpoint of protection of health and the environment.
Nevertheless, EPA is aware of other situations for which restrictions
are warranted to minimize potential risks to the environment and health
from exposure to PCB Articles which are being stored for reuse.
There are many compelling reasons for allowing the storage for
reuse of PCB Articles. Since transformers, for example, can easily have
an active service life of more than 40 years, disposing of this
equipment prematurely based upon an arbitrary time limit would not be
economically prudent nor serve any environmental goals. Placing such a
piece of electrical equipment in storage for reuse to be used as a
spare or in emergency situations is both prudent and economically
sound. EPA is proposing to minimize the potential risks associated with
the storage for reuse of this equipment, that once it is placed in
storage for reuse it be treated as if it were in use (i.e., in-
service).
Commenters provided a number of scenarios in which extended storage
for reuse is warranted: (1) Some PCB Articles are designed and
manufactured for very specific use and size requirements and for which
replacement is imperative for the continued uninterrupted operation of
a facility (i.e., power rectifiers to convert electrical power to a
usable form for specific manufacturing operations, side-mounted
bushings, etc.); (2) certain industries must maintain inventories of
all vintages of spare equipment, for example, owners of locomotive and
stationary PCB Transformers often maintain these units in storage for
reuse for a number of years prior to reinstalling and reusing the
transformer; (3) aircraft and airport operations require airport safety
and facility operational flexibility and expedient maintenance
capabilities; (4) changes in facility ownership or business
transactions may result in the premature storage of some PCB Articles;
(5) there may also be difficulties forecasting electrical demand or
specialty needs and obtaining parts for repair which are not readily
available; and (6) if spares of older designs that had been removed
from service for reuse could not be maintained, significant changes to
system design would be necessary and in-service equipment would have to
be replaced.
Although EPA takes these many factors and situations into
consideration, there are nevertheless, situations where the storage for
reuse policy is abused. This abuse results, or has the potential to
result, in serious environmental damage. It is these situations which
the Agency is seeking to control by limiting the time allowed for
storage for reuse and imposing other safeguards.
Certain types of businesses, by their nature (e.g., brokers, junk
yards, service shops, etc.), accumulate larger quantities or volumes of
PCBs than owners or users (e.g., a utility or industrial facility).
Besides accumulating large volumes of PCB equipment that in many cases
are in disrepair and may not be intact and non-leaking, these
businesses have no intent of reusing the equipment themselves. The
equipment may be awaiting repair prior to some future resale or may be
in storage for ``reuse'' prior to purging for metal reclamation. In
many cases, these units ``in storage for reuse'' remain for years in
locations that are exposed to the elements which further compromise the
integrity of the unit.
Therefore, EPA is proposing to add new Sec. 761.67 to limit storage
for reuse in an area that was not designed, constructed and operated in
compliance with Sec. 761.65(b) for a maximum of 3 years from the date a
PCB Article was taken out of service or 3 years from the effective date
of the final rule, whichever is later. PCB Articles placed into storage
for reuse would have to be labeled at the time the PCB Articles were
taken out of service, or upon the effective date of the final rule, 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
regulations. Information required on these labels 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 future use of the equipment, and the date the
equipment was scheduled for repair or servicing, if appropriate.
Individuals would be required, upon request of an EPA inspector, to
provide records of the potential use for the stored articles, a
description of any leak containment precautions, and the PCB status
(PCB or PCB-Contaminated) of the PCB Article.
PCB Articles that are intended to be stored for reuse for a period
longer than 3 years would have to be disposed of unless the person
storing the PCB Article had requested and received from the Regional
Administrator for the Region in which the Article is located a written
approval for an extension of the 3-year period. Anyone requesting an
extension would be required to do so in writing to the Regional
Administrator no later than 6 months prior to the expiration of the
storage for reuse period. Requests for an extension of the storage
period must include the rationale for exceeding the storage limitation
on an article-by-article basis. All extension requests would be subject
to approval by the Regional Administrator and any conditions the
Regional Administrator deems necessary to protect health or the
environment. A record of these evaluations would have to be kept at the
storage site for a minimum of 3 years. EPA also requests comment on the
inclusion of site-specific or nationwide exemption or waiver provisions
in addition to the proposed waiver provision.
One option for stored equipment would be to reclassify the
equipment in storage for reuse. EPA, in another rulemaking, is
currently considering modifications to the reclassification regulations
to facilitate a widespread application of the reclassification
procedures. Such an approach would significantly reduce the risk that
might be posed by the longterm storage for reuse of PCB or PCB-
Contaminated equipment. PCB Equipment that is reclassified to non-PCB
status (i.e., <50 ppm)="" would="" not="" be="" subject="" to="" any="" of="" the="" storage="" for="" reuse="" restrictions="" proposed="" today.="" epa="" recommends="" that="" owners="" and="" users="" or="" brokers="" and="" servicers="" of="" pcb="" equipment="" develop="" their="" own="" ``reuse="" or="" reclassification="" schedule''="" to="" account="" for="" properly="" retained="" equipment.="" the="" schedule="" should="" include="" a="" simple="" inventory="" to="" aid="" in="" monitoring="" the="" status="" of="" the="" equipment.="" this="" may="" include="" the="" reclassification="" schedule="" and/or="" the="" purpose="" for="" storing="" for="" reuse.="" one="" question="" raised="" in="" response="" to="" the="" anprm="" was="" whether="" the="" time="" between="" a="" piece="" of="" equipment's="" removal="" from="" service="" for="" repair="" and="" its="" return="" to="" the="" owner="" is="" considered="" storage="" for="" reuse.="" until="" a="" determination="" is="" made="" that="" the="" piece="" of="" equipment="" can="" or="" cannot="" be="" repaired,="" any="" storage="" of="" that="" piece="" of="" electrical="" equipment="" prior="" to="" such="" a="" determination="" is="" considered="" storage="" for="" reuse.="" the="" owner="" of="" malfunctioning="" equipment="" that="" has="" been="" sent="" off-site="" for="" repair="" will="" still="" be="" subject="" to="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal,="" beginning="" on="" the="" date="" it="" was="" determined="" the="" equipment="" could="" not="" be="" repaired.="" although="" service="" facilities="" may="" hold="" units="" for="" several="" months="" while="" scheduling="" the="" unit="" for="" repair,="" epa="" views="" prolonged="" storage="" in="" such="" situations="" as="" an="" abuse="" of="" the="" storage="" provisions.="" records="" must="" be="" maintained="" by="" the="" servicers,="" for="" review="" by="" pcb="" inspectors,="" of="" the="" dates="" of="" receipt="" of="" the="" equipment="" for="" repair,="" the="" type="" of="" malfunction,="" and="" the="" anticipated="" date="" for="" return="" of="" the="" equipment="" to="" the="" owner="" or="" user.="" 2.="" clarification="" of="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal.="" epa="" proposes="" to="" clarify="" the="" requirement="" at="" sec.="" 761.65(a)="" that="" states="" that="" a="" pcb="" article="" or="" pcb="" container="" must="" be="" disposed="" of="" within="" 1="" year="" from="" the="" date="" the="" item="" is="" first="" placed="" into="" storage.="" epa="" is="" proposing="" to="" amend="" the="" language="" at="" sec.="" 761.65(a)="" to="" explicitly="" state="" epa's="" original="" intent="" that="" the="" 1-year="" period="" begins="" on="" the="" date="" when="" the="" equipment="" is="" taken="" out="" of="" service="" and="" designated="" for="" disposal="" (when="" it="" is="" determined="" by="" a="" servicer,="" for="" example,="" that="" the="" equipment="" cannot="" be="" repaired)="" not="" when="" the="" equipment="" is="" placed="" into="" storage="" for="" disposal.="" currently,="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" of="" drums,="" which="" are="" used="" to="" collect="" liquid="" from="" various="" pcb="" articles,="" and="" for="" other="" containers="" used="" to="" store="" the="" accumulation="" of="" pcb="" wastes="" such="" as="" oil,="" rags,="" booties,="" cleanup="" debris,="" etc.,="" starts="" on="" the="" day="" an="" item="" is="" first="" placed="" into="" the="" container="" for="" storage="" for="" disposal.="" epa="" is="" not="" proposing="" to="" allow="" the="" accumulation="" in="" containers="" of="" these="" items="" for="" periods="" of="" greater="" than="" 1="" year="" except="" as="" proposed="" in="" unit="" iii.g.3="" of="" this="" preamble.="" currently="" this="" waste="" has="" to="" be="" stored="" in="" containers.="" however,="" comments="" suggested="" that="" this="" is="" not="" a="" common="" practice="" and="" may="" lead="" to="" disagreements="" within="" the="" regulated="" community.="" therefore,="" epa="" is="" proposing="" to="" change="" the="" language="" at="" sec.="" 761.65(a)="" from="" ``pcb="" article="" and="" pcb="" containers''="" to="" ``pcbs="" or="" pcb="" items''="" to="" effectively="" capture="" all="" storage="" scenarios.="" for="" transformers="" that="" are="" taken="" out="" of="" service="" but="" are="" not="" drained="" until="" later,="" the="" 1-year="" clock,="" for="" both="" the="" oil="" and="" the="" transformer,="" starts="" when="" the="" transformer="" is="" taken="" out="" of="" service="" and="" designated="" for="" disposal="" (i.e.,="" the="" date="" of="" removal="" from="" service="" for="" disposal).="" epa="" also="" wants="" to="" clarify="" that="" the="" start="" date="" for="" the="" 1-year="" period="" for="" disposal="" (and="" any="" other="" applicable="" requirements)="" for="" pcbs="" legally="" returned="" into="" the="" united="" states="" for="" disposal="" (see="" unit="" ii.d.3.h="" and="" proposed="" sec.="" 761.20(b)(3))="" is="" the="" date="" the="" pcbs="" reach="" the="" port="" of="" entry="" in="" the="" continental="" united="" states,="" or="" the="" date="" the="" pcbs="" reach="" the="" port="" of="" entry="" if="" the="" disposal="" facility="" is="" outside="" the="" continental="" united="" states="" or="" if="" the="" waste="" is="" stored="" during="" transport="" for="" more="" than="" 10="" days="" in="" a="" state.="" this="" policy="" applies="" to="" certain="" pcbs,="" to="" include="" wastes="" containing="" pcbs="" at="" less="" than="" 50="" ppm="" which="" are="" imported="" for="" disposal.="" the="" policy="" also="" applies="" to="" pcbs="" purchased="" in="" the="" united="" states.,="" by="" the="" u.s.="" government,="" taken="" overseas="" for="" use="" (including="" any="" wastes="" directly="" resulting="" from="" the="" remediation="" of="" these="" pcbs),="" and="" subsequently="" returned="" to="" the="" united="" states="" for="" disposal="" in="" an="" approved="" facility="" from="" u.s.="" embassies,="" u.s.="" military="" installations,="" other="" u.s.="" government="" installations="" or="" territories,="" and="" pcbs="" imported="" under="" any="" federal="" administrative="" order="" issued="" under="" tsca="" or="" any="" federal="" court="" action.="" 3.="" situations="" which="" warrant="" an="" extension="" or="" waiver="" of="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal.="" in="" the="" june="" 10,="" 1991="" anprm,="" epa="" solicited="" comments="" on="" whether="" an="" extension="" of="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" requirement="" would="" be="" appropriate="" in="" situations,="" for="" example,="" innovative="" pcb="" destructive="" technologies;="" such="" as="" biological="" treatment="" technologies="" that="" may="" take="" more="" than="" 1="" year="" to="" achieve="" acceptable="" levels;="" and="" the="" absence="" of="" disposal="" capacity,="" specifically="" for="" pcb/radioactive="" wastes.="" comments="" on="" alternative="" options,="" procedures="" and/or="" restrictions="" for="" dealing="" with="" such="" situations="" were="" also="" requested.="" epa="" received="" several="" comments,="" most="" of="" which="" supported="" the="" establishment="" of="" a="" provision="" which="" would="" allow="" the="" regional="" administrator="" for="" the="" region="" in="" which="" the="" material="" is="" stored,="" or="" the="" director,="" cmd,="" if="" the="" director="" issued="" the="" permit,="" to="" recognize="" situations="" which="" require="" more="" than="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal,="" and="" to="" grant="" an="" extension="" to="" the="" requirement.="" commenters="" also="" identified="" other="" situations="" for="" which="" they="" believe="" equal="" consideration="" should="" be="" given="" to="" extending="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal.="" these="" situations="" included:="" (1)="" technologies,="" such="" as="" thermal="" separation="" (thermal="" desorption)="" and="" bioremediation,="" that="" require="" more="" than="" 1="" year="" to="" process="" waste="" at="" a="" remediation="" site;="" (2)="" limited="" expedited="" remedial="" action="" undertaken="" ahead="" of="" the="" main="" remediation="" effort;="" and="" (3)="" conflicting="" remediation="" or="" disposal="" requirements="" associated="" with="" the="" presence="" of="" certain="" co-regulated="" wastes="" from="" which="" the="" pcbs="" cannot="" be="" separated="" (i.e.,="" such="" as="" mine="" cable="" coated="" with="" a="" solid="" anti-fouling="" compound="" containing="" both="" pcbs="" and="" mercury).="" most="" commenters="" supported="" the="" grounds="" for="" extension="" cited="" in="" the="" anprm="" (justification="" of="" need,="" demonstration="" that="" treatment/disposal="" options="" are="" being="" pursued,="" and="" the="" submission="" of="" periodic="" progress="" reports).="" other="" commenters="" offered="" variations="" on="" the="" epa="" proposal="" including:="" (1)="" modify="" regulations="" to="" allow="" doe="" to="" seek="" an="" extension="" on="" a="" complex-wide,="" multifacility="" basis="" to="" address="" the="" pcb/radioactive="" waste="" situation="" and="" to="" submit="" reports="" on="" a="" biennial="" basis;="" (2)="" for="" pcb/="" radioactive="" wastes,="" also="" require="" compliance="" with="" alara="" principles;="" (3)="" use="" a="" letter="" rather="" than="" the="" permit="" process="" as="" the="" mechanism="" for="" granting="" extensions;="" (4)="" make="" the="" extension="" effective="" upon="" submission="" of="" the="" request,="" or="" alternatively,="" make="" the="" extension="" automatic="" if="" the="" agency="" does="" not="" object="" within="" 90="" days;="" and="" (5)="" eliminate="" the="" 1-year="" limitation="" for="" extensions.="" epa="" has="" considered="" these="" suggestions="" and="" is="" proposing="" several="" changes="" to="" sec.="" 761.65(a).="" first,="" criteria="" for="" extending="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" requirement="" include,="" but="" are="" not="" limited="" to:="" a="" demonstrated="" need="" to="" store="" wastes="" beyond="" the="" 1-year="" time="" limit="" due="" to="" a="" lack="" of="" disposal="" capacity,="" the="" absence="" of="" a="" treatment="" technology,="" or="" insufficient="" time="" to="" complete="" the="" treatment/destruction="" process="" and="" a="" demonstration="" that="" relevant="" treatment="" or="" disposal="" requirements="" are="" being="" pursued.="" additional="" criteria="" for="" pcb/radioactive="" waste,="" pcb/fissionable="" radioactive="" wastes,="" or="" rcra/mixed="" wastes="" and="" pcb/rcra="" wastes="" could="" also="" be="" required="" to="" comply="" with="" the="" requirements="" of="" the="" appropriate="" federal,="" (i.e.,="" nuclear="" regulatory="" commission="" or="" epa)="" or="" state="" regulatory="" authorities.="" anyone="" storing="" pcb="" waste="" that="" was="" subject="" to="" the="" 1-year="" time="" limit="" could="" provide="" written="" notification="" to="" the="" regional="" administrator="" for="" the="" region="" in="" which="" the="" pcb="" waste="" was="" stored="" that="" they="" had="" been="" unsuccessful="" in="" their="" continuing="" attempts="" to="" dispose="" of="" their="" waste="" within="" the="" 1-year="" time="" limit="" and="" could="" receive="" an="" extension="" for="" one="" additional="" year="" provided="" certain="" conditions="" were="" met.="" second,="" the="" regional="" administrator="" could="" grant="" additional="" extensions="" of="" 1-year="" or="" longer="" upon="" receipt="" of="" a="" justified="" request.="" third,="" epa="" would="" consider="" including="" site-specific="" time="" frames="" for="" storage="" and="" disposal,="" where="" appropriate,="" when="" approving="" a="" tsca="" pcb="" storage="" or="" disposal="" application="" or="" a="" modification="" to="" a="" previously="" issued="" approval="" (see="" sec.="" 761.60(e)="" or="" sec.="" 761.65(d)).="" however,="" epa="" is="" less="" receptive="" to="" allowing="" organizations="" to="" develop="" complex-wide="" (i.e.,="" nationwide)="" justifications="" and/or="" reports="" of="" their="" storage="" and="" disposal="" activities.="" if="" the="" data="" were="" allowed="" to="" be="" submitted="" in="" an="" aggregate="" form,="" resources="" would="" be="" required="" to="" disaggregate="" the="" information="" and="" transmit="" the="" data="" to="" the="" appropriate="" regional="" administrator.="" nonetheless,="" epa="" would="" consider="" aggregation="" of="" these="" data="" on="" a="" regional="" basis="" for="" submission="" to="" and="" approval="" by="" the="" regional="" administrator="" for="" the="" region="" in="" which="" the="" materials="" are="" stored.="" finally,="" under="" the="" proposal="" epa="" may="" impose="" conditions="" when="" approving="" requests="" for="" an="" extension.="" these="" conditions="" would="" vary="" due="" to="" the="" specifics="" of="" each="" situation.="" therefore,="" it="" is="" not="" possible="" to="" list="" every="" conceivable="" requirement="" that="" could="" be="" imposed="" on="" a="" facility="" in="" granting="" additional="" or="" longer="" extensions.="" epa="" is="" proposing="" that="" the="" regional="" administrator="" or="" the="" director,="" cmd,="" may="" require="" any="" information="" deemed="" necessary="" to="" ensure="" protection="" of="" health="" and="" the="" environment,="" and="" may="" likewise="" require="" that="" additional="" steps="" be="" taken="" during="" the="" storage="" period,="" such="" as="" marking,="" inspection,="" recordkeeping="" or="" financial="" assurance="" or="" complying="" with="" alara="" principles="" for="" pcb/="" radioactive="" wastes="" to="" protect="" health="" or="" the="" environment.="" epa="" wishes="" to="" make="" a="" distinction="" between="" those="" situations="" for="" which="" an="" extension="" of="" the="" storage="" and="" disposal="" requirement="" may="" be="" legitimate="" (see="" example="" (3)="" above)="" versus="" those="" situations="" that="" would="" result="" in="" the="" abuse="" of="" such="" an="" extension,="" such="" as="" the="" acceptance="" of="" pcb="" wastes="" in="" excess="" of="" the="" capacity="" limitations="" imposed="" either="" by="" the="" permit="" or="" the="" physical="" constraints="" of="" the="" technology="" being="" used.="" epa="" does="" not="" believe="" an="" extension="" of="" the="" storage="" and="" disposal="" requirement="" is="" warranted="" because="" of="" failure="" to="" initiate="" attempts="" to="" obtain="" disposal="" capacity,="" the="" cost="" of="" disposal,="" or="" to="" allow="" for="" the="" aggregation="" by="" multiple="" generators="" of="" pcb="" wastes="" into="" one="" vehicle="" for="" shipment.="" epa="" is="" not="" modifying="" its="" view="" that="" pcb="" wastes="" should="" be="" properly="" managed="" and="" disposed="" of="" as="" quickly="" as="" possible,="" and="" therefore="" is="" not="" inclined="" to="" take="" steps="" that="" would="" relieve="" the="" generator="" of="" its="" responsibility="" to="" remove="" the="" pcbs="" from="" the="" environment="" in="" a="" timely="" manner.="" on="" the="" other="" hand,="" individuals="" engaged="" in="" on-site="" remediation="" activities="" are="" most="" likely="" conducting="" those="" activities="" in="" accordance="" with="" some="" instrument="" developed="" by="" epa,="" another="" federal="" agency,="" or="" a="" state="" that="" provides="" instruction="" on="" what/how="" the="" project="" is="" to="" be="" conducted="" and="" when="" the="" project="" is="" to="" be="" completed="" (as="" the="" case="" may="" be="" for="" examples="" (1)="" and="" (2)="" above).="" in="" these="" instances,="" the="" tsca="" pcb="" permit="" and="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" may="" not="" apply.="" (also="" see="" the="" discussion="" regarding="" the="" coordinated="" approval="" provision="" at="" unit="" iii.k.="" of="" this="" preamble.)="" epa="" would="" also="" consider="" extension="" requests="" to="" be="" legitimate="" when="" an="" individual's="" ability="" to="" store="" and="" dispose="" of="" pcbs="" within="" the="" 1="" year="" is="" inhibited="" by="" other="" federal="" or="" state="" disposal/remedial="" requirements="" (e.g.,="" rcra,="" cercla,="" the="" clean="" water="" act="" (cwa),="" the="" clean="" air="" act="" (caa)),="" or="" any="" statute="" governing="" remedial="" actions="" which="" involve="" pcbs="" at="" or="" derived="" from="" federally-regulated="" levels.="" 4.="" temporary="" storage="" of="" pcb="" liquid="" at="" 500="" ppm="" or="" greater.="" under="" the="" existing="" regulations="" at="" sec.="" 761.65(c)(1),="" temporary="" storage="" is="" allowed="" for="" certain="" pcb="" items,="" including="" pcb="" containers="" that="" are="" filled="" with="" liquid="" containing="" pcbs="" at="" concentrations="" of="" 50="" to="" 499="" ppm="" in="" an="" area="" that="" does="" not="" meet="" the="" requirements="" of="" paragraph="" (b)="" of="" that="" section="" for="" up="" to="" 30="" days="" from="" the="" date="" of="" their="" removal="" from="" use.="" in="" the="" case="" of="" liquid="" pcbs,="" a="" spill="" prevention,="" control,="" and="" countermeasure="" (spcc)="" plan="" must="" be="" in="" place="" for="" the="" temporary="" storage="" area="" in="" accordance="" with="" 40="" cfr="" part="" 112.="" the="" current="" regulations,="" however,="" do="" not="" authorize="" temporary="" storage="" of="" liquids="" containing="" pcbs="" with="" a="" concentration="" of="" 500="" ppm="" or="" greater.="" however,="" the="" current="" regulations="" at="" sec.="" 761.20(c)(2)="" authorize="" the="" processing="" and="" distribution="" in="" commerce="" of="" pcbs="" and="" pcb="" items="" greater="" than="" 50="" ppm="" for="" purposes="" of="" disposal.="" the="" agency="" does="" not="" believe="" that="" there="" are="" significant="" risks="" associated="" with="" temporarily="" storing="" for="" disposal="" pcb="" liquids="" at="" concentrations="" greater="" than="" 500="" ppm="" provided="" the="" waste="" is="" in="" containers="" meeting="" dot="" specifications="" and="" an="" spcc="" plan="" is="" implemented.="" in="" the="" anprm,="" epa="" suggested="" two="" approaches="" to="" amending="" the="" regulations="" to="" allow="" the="" temporary="" storage="" of="" liquids="" greater="" than="" 500="" ppm:="" (1)="" to="" add="" a="" provision="" to="" allow="" temporary="" storage="" of="" liquid="" with="" concentrations="" of="" 500="" ppm="" or="" greater="" at="" sec.="" 761.65(c)(1),="" or="" (2)="" to="" consider="" the="" holding/storing="" of="" this="" liquid="" as="" a="" step="" in="" the="" disposal="" process.="" most="" commenters="" supported="" the="" option="" of="" amending="" the="" temporary="" storage="" provision="" at="" sec.="" 761.65(c)="" as="" opposed="" to="" amending="" the="" provision="" at="" sec.="" 761.20(c)="" which="" allows="" the="" processing="" and="" distribution="" in="" commerce="" of="" pcbs="" and="" pcb="" items="" for="" disposal.="" many="" commenters="" also="" suggested="" increasing="" the="" 30-day="" time="" allotted="" for="" temporary="" storage.="" the="" agency="" believes="" it="" is="" appropriate="" to="" extend="" the="" allowance="" for="" temporary="" storage="" for="" disposal="" of="" liquid="" pcb="" waste="" above="" 500="" ppm,="" but="" not="" beyond="" the="" existing="" 30-day="" limit.="" the="" point="" of="" the="" 30-day="" temporary="" storage="" provision="" is="" to="" allow="" for="" the="" accumulation="" of="" waste="" prior="" to="" shipment="" to="" a="" disposal="" facility="" or="" commercial="" storage="" facility.="" this="" rationale="" should="" also="" apply="" to="" liquids="" above="" 500="" ppm,="" especially="" when="" one="" considers="" the="" preponderance="" of="" pcb="" transformer="" owners="" who="" are="" opting="" for="" reclassification="" of="" these="" units.="" to="" have="" them="" build="" or="" ship="" to="" a="" formal="" storage="" area="" in="" each="" instance="" would="" be="" unduly="" burdensome.="" epa="" is="" proposing="" that="" the="" 30-day="" temporary="" provision="" at="" sec.="" 761.65(c)(1)="" be="" extended="" to="" liquids="" at="" 500="" ppm="" or="" greater,="" provided="" an="" spcc="" plan="" is="" in="" place="" and="" the="" liquid="" waste="" is="" in="" stationary="" bulk="" storage="" tanks="" (excluding="" rolling="" stock="" such="" as,="" but="" not="" limited="" to,="" tanker="" trucks)="" or="" dot="" specification="" containers.="" 5.="" storage="" of="" large="" pcb="" capacitors="" and="" pcb-contaminated="" equipment="" on="" pallets="" next="" to="" a="" qualified="" storage="" area.="" the="" storage="" for="" disposal="" of="" non-leaking="" and="" structurally="" undamaged="" large="" high="" voltage="" capacitors="" and="" pcb-contaminated="" transformers="" on="" pallets="" next="" to="" qualified="" storage="" areas="" was="" permitted="" until="" january="" 1,="" 1983,="" under="" the="" may="" 31,="" 1979,="" pcb="" rule="" (formerly="" 40="" cfr="" 761.42(c)(2)).="" this="" provision="" was="" designed="" to="" relieve="" the="" burden="" on="" pcb="" storage="" facilities="" until="" epa-approved="" incineration="" facilities="" were="" commercially="" available.="" in="" light="" of="" the="" fact="" that="" epa="" was="" initiating="" an="" accelerated="" phaseout="" of="" large="" pcb="" capacitors="" (final="" electrical="" equipment="" use="" rule,="" august="" 25,="" 1982,="" 47="" fr="" 37342),="" epa="" recognized="" that="" there="" would="" be="" a="" need="" for="" additional="" storage="" space="" for="" this="" type="" of="" equipment.="" therefore,="" temporary="" storage="" for="" disposal="" was="" allowed="" indefinitely="" after="" january="" 1,="" 1983,="" on="" pallets="" next="" to="" a="" qualified="" storage="" facility="" for="" pcb-contaminated="" electrical="" equipment="" and="" pcb="" large="" high="" voltage="" capacitors="" (sec.="" 761.65(c)(2)).="" in="" today's="" proposal,="" epa="" is="" proposing="" to="" delete="" sec.="" 761.65(c)(2)="" from="" the="" pcb="" regulations="" since="" the="" october="" 1,="" 1988="" phaseout="" date="" (sec.="" 761.30(l)(1))="" for="" most="" uses="" of="" pcb="" large="" high="" voltage="" capacitors="" has="" passed="" and="" there="" should="" no="" longer="" be="" a="" need="" for="" additional="" storage="" space="" for="" this="" type="" of="" equipment.="" in="" addition,="" epa="" does="" not="" believe="" that="" this="" provision="" is="" needed="" for="" pcb-contaminated="" electrical="" equipment="" because="" this="" equipment="" is="" typically="" drained="" prior="" to="" disposal="" and="" the="" drained="" hull="" or="" carcass="" is="" not="" subject="" to="" the="" storage="" for="" disposal="" provisions="" of="" sec.="" 761.65.="" the="" current="" pcb="" regulations="" do="" not="" prohibit="" expansion="" of="" the="" storage="" capacity="" of="" a="" given="" storage="" area="" as="" long="" as,="" in="" the="" case="" of="" commercial="" storage="" facilities,="" the="" closure="" plan,="" and="" financial="" assurance="" mechanisms="" are="" also="" adjusted="" to="" reflect="" the="" increased="" amount="" of="" waste="" stored="" at="" the="" facility.="" epa="" believes="" that="" the="" deletion="" of="" this="" provision="" for="" storage="" on="" pallets="" next="" to="" a="" qualified="" storage="" area="" will="" not="" result="" in="" undue="" hardships="" on="" existing="" storage="" facilities.="" epa="" is="" soliciting="" comments="" on="" the="" appropriateness="" of="" deleting="" this="" provision="" and="" also="" seeks="" information="" from="" storers="" of="" pcb="" waste="" as="" to="" whether="" they="" are="" currently="" utilizing="" the="" provisions="" of="" sec.="" 761.65(c)(2).="" 6.="" alternate="" storage="" of="" pcbs.="" epa="" is="" proposing="" a="" modification="" at="" sec.="" 761.65(b)(2)="" to="" the="" storage="" requirements="" 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="" manage="" hazardous="" waste="" in="" containers.="" this="" proposal="" would="" also="" allow="" 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="" believes="" that="" the="" rcra="" requirements="" for="" permitted="" container="" storage="" units="" provide="" an="" equal="" level="" of="" protection="" to="" the="" tsca="" requirements,="" and="" preclude="" an="" unreasonable="" risk="" of="" injury="" from="" pcbs="" (i.e.,="" recordkeeping,="" waste="" tracking,="" secondary="" containment,="" monitoring="" for="" leaks,="" inspections,="" and="" financial="" assurance="" and="" closure="" requirements).="" this="" proposal="" does="" not="" extend="" to="" units="" operating="" in="" interim="" status="" under="" rcra.="" all="" other="" requirements="" for="" pcb="" wastes,="" including="" but="" not="" limited="" to="" containerization,="" marking,="" recordkeeping,="" manifesting,="" and="" spill="" cleanup="" would="" continue="" to="" apply.="" any="" pcbs="" or="" pcb="" items="" that="" are="" currently="" required="" to="" be="" stored="" in="" compliance="" with="" 40="" cfr="" 761.65(b)(1)="" would="" be="" eligible.="" pcbs,="" especially="" large="" volume="" wastes,="" which="" would="" otherwise="" be="" required="" to="" be="" stored="" in="" compliance="" with="" this="" section="" could="" be="" stored="" instead="" under="" the="" terms="" and="" conditions="" of="" a="" pcb="" disposal="" approval.="" it="" may="" not="" be="" feasible="" or="" desirable="" to="" construct="" a="" pcb="" storage="" area="" where="" large="" volumes="" of="" pcb="" remediation="" wastes="" or="" pcb="" items="" are="" concerned.="" epa="" views="" storage="" and="" disposal="" of="" pcb="" wastes="" as="" a="" continuum="" and="" believes="" this="" issue="" of="" storage="" of="" large="" volume="" wastes="" is="" best="" addressed="" on="" a="" case-by-case="" basis="" through="" the="" pcb="" approval="" or="" other="" permitting="" process.="" however,="" anyone="" subject="" to="" the="" pcb="" storage="" requirements="" could="" choose="" to="" follow="" sec.="" 761.65(b)(1)="" and="" not="" avail="" themselves="" of="" these="" other="" options.="" 7.="" storage="" requirements="" for="" pcb="" article="" containers.="" under="" sec.="" 761.65(c)(5),="" pcb="" articles="" and="" pcb="" containers="" are="" required="" to="" be="" checked="" periodically="" for="" leaks,="" and="" sec.="" 761.65(c)(8)="" requires="" that="" they="" be="" dated="" when="" they="" are="" placed="" into="" storage.="" by="" not="" including="" pcb="" article="" containers="" in="" sec.="" 761.65(c)(5)="" and="" (c)(8),="" a="" loophole="" exists="" that="" allows="" a="" storage="" unit="" owner="" to="" omit="" dating="" and="" inspecting="" these="" containers="" and="" to="" circumvent="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" requirement.="" therefore,="" epa="" is="" proposing="" 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).="" 8.="" recordkeeping="" requirements="" for="" storage="" unit="" operators.="" certain="" additional="" recordkeeping="" requirements="" for="" storage="" unit="" operators="" are="" being="" proposed="" under="" sec.="" 761.180(a)(1)="" and="" (b)(1).="" the="" first="" addition="" would="" be="" to="" require="" the="" operator="" to="" maintain="" a="" record="" of="" the="" inspections="" for="" leaks,="" and="" cleanups,="" that="" must="" be="" performed="" under="" sec.="" 761.65(c)(5).="" currently,="" epa="" inspectors="" have="" no="" way="" to="" verify="" that="" unit="" operators="" are="" complying="" with="" these="" requirements.="" in="" addition,="" epa="" is="" proposing="" that="" storage="" unit="" operators="" keep="" an="" up-to-date="" written="" inventory="" or="" log="" of="" what="" they="" are="" currently="" holding="" in="" their="" unit.="" the="" annual="" log="" requires="" similar="" information;="" but="" since="" it="" is="" an="" annual="" summary,="" it="" does="" not="" reflect="" what="" is="" actually="" in="" a="" unit="" on="" a="" given="" day="" and="" thus="" is="" of="" no="" assistance="" to="" an="" epa="" inspector="" performing="" a="" site="" inspection.="" although="" this="" would="" be="" an="" additional="" recordkeeping="" requirement,="" epa="" believes="" that="" it="" would="" not="" place="" any="" additional="" burden="" on="" unit="" operations.="" epa="" believes="" that="" most="" operators="" maintain="" some="" sort="" of="" inventory;="" maintenance="" of="" such="" is="" almost="" a="" necessity="" to="" properly="" manage="" a="" facility,="" as="" well="" as="" to="" ensure="" compliance="" with="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" deadline,="" and="" to="" collect="" data="" for="" the="" annual="" log.="" allowing="" epa="" inspectors="" access="" to="" this="" inventory="" would="" greatly="" facilitate="" on-site="" inspections,="" particularly="" at="" larger="" facilities.="" also,="" since="" the="" purpose="" of="" this="" inventory="" is="" to="" facilitate="" on-site="" inspections,="" epa="" is="" requiring="" that="" the="" inventory="" be="" maintained="" on-site="" at="" the="" storage="" unit,="" rather="" than="" at="" a="" central="" facility.="" this="" requirement="" to="" maintain="" the="" inventory="" on-site="" applies="" only="" to="" this="" inventory,="" and="" affects="" no="" other="" portion="" on="" the="" annual="" records.="" 9.="" revision="" to="" storage="" unit="" criteria.="" proposed="" sec.="" 761.65(b)(1)(iv)="" would="" reflect="" the="" proposed="" definition="" of="" ``porous="" surface''="" found="" at="" sec.="" 761.3.="" this="" proposed="" definition="" includes="" concrete="" and="" cement="" within="" the="" definition="" of="" ``porous="" surface.''="" the="" reference="" to="" portland="" cement="" or="" concrete="" in="" sec.="" 761.65(b)(1)(iv)="" as="" impervious="" would="" be="" inconsistent="" with="" the="" proposed="" definition="" of="" ``porous="" surface.''="" the="" references="" to="" portland="" cement="" and="" concrete="" would="" not="" be="" deleted,="" however,="" from="" sec.="" 761.65(b)(1)(iv)="" because="" this="" would="" create="" a="" situation="" where="" all="" existing="" storage="" units="" that="" have="" used="" portland="" cement="" or="" concrete="" would="" be="" out="" of="" compliance.="" therefore,="" the="" references="" have="" remained,="" albeit="" parenthetically,="" to="" portland="" cement="" or="" concrete="" as="" acceptable.="" epa="" would="" recommend,="" however,="" that="" nonporous="" surfaces="" be="" used="" for="" curbing="" and="" flooring="" for="" storage="" units="" since="" cleanup="" of="" nonporous="" surfaces="" is="" easier="" and="" less="" costly.="" h.="" astm="" references="" epa="" has="" incorporated="" by="" reference="" several="" test="" standards="" developed="" by="" the="" american="" society="" for="" testing="" and="" materials="" (astm)="" which="" describe="" various="" testing="" and="" sampling="" procedures="" for="" conducting="" pcb="" analyses.="" these="" standards="" are="" referenced="" throughout="" 40="" cfr="" part="" 761,="" and="" a="" listing="" of="" the="" applicable="" test="" methods="" can="" be="" found="" in="" the="" back="" of="" the="" cfr="" under="" the="" heading="" ``material="" approved="" for="" incorporation="" by="" reference;''="" 40="" cfr="" chapter="" i="" (parts="" 761,="" 763)--subchapter="" r--toxic="" substances="" control="" act,="" environmental="" protection="" agency.="" epa="" published="" a="" final="" rule="" on="" april="" 16,="" 1992,="" which="" updated="" the="" listing="" of="" the="" astm="" test="" standards="" incorporated="" by="" reference="" in="" the="" pcb="" regulations.="" in="" that="" rule,="" epa="" indicated="" that="" copies="" of="" astm="" standards="" were="" available="" for="" inspection="" and="" copying="" at="" the="" tsca="" public="" reading="" room.="" this="" notation="" is="" also="" included="" at="" sec.="" 761.19="" which="" states:="" ``copies="" of="" the="" incorporated="" material="" may="" be="" obtained="" from="" the="" tsca="" public="" docket="" office="" (7407)="" rm.="" b-607,="" northeast="" mall,="" office="" of="" pollution="" prevention="" and="" toxics,="" environmental="" protection="" agency,="" 401="" m="" st.,="" sw.,="" washington,="" dc="" 20460,="" or="" from="" the="" american="" society="" for="" testing="" and="" materials="" (astm),="" 1916="" race="" street,="" philadelphia,="" pa="" 19103.''="" on="" may="" 21,="" 1992,="" astm="" contacted="" epa="" and="" requested="" that="" the="" agency="" either="" produce="" a="" copy="" of="" an="" existing="" agreement="" that="" grants="" epa="" permission="" to="" reproduce="" astm="" standards="" (i.e.,="" copyrighted="" material)="" or="" refrain="" from="" making="" further="" copies="" until="" permission="" is="" granted.="" while="" epa="" does="" not="" believe="" that="" copyright="" law="" prohibits="" the="" copying="" of="" copyrighted="" materials="" that="" are="" part="" of="" a="" statute="" or="" regulation,="" epa="" has="" offered="" to="" refer="" requests="" for="" copies="" of="" the="" astm="" standards="" to="" astm.="" epa's="" offer,="" however,="" makes="" clear="" that="" epa="" will="" continue="" to="" satisfy="" requests="" for="" these="" documents="" under="" the="" freedom="" of="" information="" act.="" therefore,="" in="" today's="" notice,="" epa="" is="" proposing="" to="" modify="" the="" regulatory="" text="" at="" sec.="" 761.19.="" epa="" also="" received="" one="" comment="" reminding="" the="" agency="" of="" an="" earlier="" commitment="" to="" propose="" the="" addition="" of="" astm="" method="" d-4059,="" ``standard="" method="" for="" analysis="" of="" polychlorinated="" biphenyls="" in="" insulating="" liquids="" by="" gas="" chromatography,''="" which="" astm="" has="" validated="" through="" a="" series="" of="" round="" robin="" tests,="" to="" the="" list="" of="" references.="" copies="" of="" the="" test="" method,="" astm="" d-4059,="" are="" available="" for="" public="" inspection="" at="" the="" tsca="" nonconfidential="" information="" center="" (7407),="" office="" of="" pollution="" prevention="" and="" toxics,="" rm.="" b-607,="" northeast="" mall,="" at="" the="" address="" listed="" earlier="" in="" this="" notice.="" copies="" of="" the="" standard="" are="" available="" from="" the="" astm,="" 1916="" race="" street,="" philadelphia,="" pa="" 19103.="" instead="" of="" incorporating="" this="" standard,="" epa="" proposes="" adding="" secs.="" 761.60(g)(1)(iii)="" and="" (2)(iii)="" to="" identify="" astm="" d-4059="" and="" other="" applicable="" epa="" procedures="" as="" standards="" that="" can="" be="" used="" for="" the="" analysis="" of="" pcbs="" when="" using="" gas="" chromatography.="" comments="" are="" invited="" on="" whether="" the="" pcb="" regulations="" at="" 40="" cfr="" part="" 761="" should="" be="" amended="" to="" include="" this="" procedure.="" i.="" manufacture="" of="" pcbs="" for="" disposal-related="" studies="" epa="" received="" comments="" that="" the="" current="" regulatory="" requirement="" to="" obtain="" a="" rearch="" and="" development="" (r&d)="" approval="" (secs.="" 761.60(e)="" and="" (i)="" and="" sec.="" 761.70(a)="" and="" (b))="" limits="" innovative="" development="" of="" effective="" remediation="" technologies="" such="" as="" identifying="" biological="" and="" other="" innovative="" processes="" that="" destroy="" or="" contain="" pcbs,="" developing="" technologies="" that="" can="" enhance="" those="" processes,="" finding="" methods="" of="" separating="" pcb="" contaminants="" from="" other="" media,="" and="" identifying="" contaminants="" present="" in="" environmental="" samples="" so="" that="" appropriate="" remediation="" techniques="" may="" be="" selected="" and="" applied.="" a="" comment="" was="" submitted="" for="" epa's="" consideration="" citing="" as="" rationale="" for="" a="" change="" the="" regulation's="" inflexible="" and="" harmful="" effects="" on="" international="" scientific="" exchange="" and="" u.s.="" competitive/technological="" advancement.="" the="" commenter="" included="" a="" suggestion="" that="" epa="" eliminate="" the="" requirement="" to="" obtain="" a="" r&d="" approval="" for="" research="" into="" the="" disposal="" of="" pcbs,="" allow="" the="" manufacture="" of="" 13.23="" lbs.="" of="" pcbs="" per="" facility="" annually,="" and="" eliminate="" restrictions="" placed="" on="" the="" import/export="" of="" pcbs.="" the="" comment="" would="" require="" notification="" of="" the="" regional="" administrator="" of="" the="" facility's="" site,="" the="" amount="" of="" pcbs="" to="" be="" handled,="" whether="" r&d="" activities="" were="" laboratory="" scale="" or="" not,="" and="" whether="" pcbs="" would="" be="" manufactured.="" additionally,="" the="" principal="" researcher="" would="" be="" required="" to="" certify="" that="" the="" r&d="" facility="" would="" be="" in="" compliance="" with="" the="" terms="" of="" the="" pcb="" regulations.="" other="" features="" of="" the="" comment="" included="" storage="" of="" materials="" pursuant="" to="" the="" requirements="" at="" sec.="" 761.65(b)="" and="" (c),="" labelling="" the="" work="" areas="" with="" the="" ml="" mark,="" maintenance="" of="" a="" log="" covering="" materials="" received="" and="" shipped="" (e.g.,="" date,="" source,="" pcb="" weight,="" media),="" compliance="" with="" osha="" laboratory="" and="" recognized="" research="" practices,="" disposal="" of="" materials="" within="" 1="" year="" of="" completion="" of="" the="" r&d="" activity,="" and="" a="" provision="" that="" the="" regional="" administrator="" could="" terminate="" the="" r&d="" activities="" if="" a="" determination="" could="" be="" made="" that="" the="" pcb="" regulations="" had="" been="" violated="" or="" that="" bona="" fide="" r&d="" activities="" were="" not="" being="" conducted="" at="" the="" facility.="" finally,="" the="" material="" would="" be="" shipped="" in="" compliance="" with="" dot="" regulations,="" or="" if="" applicable,="" the="" laws="" of="" a="" foreign="" nation.="" the="" potential="" quantity="" of="" pcbs="" the="" comment="" would="" allow="" each="" r&d="" facility="" to="" manufacture="" (i.e.,="" 0.5="" kilograms="" within="" 30="" days,="" or="" roughly="" 13.23="" pounds="" per="" year="" per="" facility)="" is="" of="" particular="" concern="" to="" the="" agency.="" epa="" recognizes="" the="" public="" policy="" importance="" of="" pcb="" research;="" however,="" there="" is="" a="" need="" to="" maintain="" a="" certain="" level="" of="" control="" over="" the="" manufacture="" of="" pcbs="" for="" r&d="" activities.="" further,="" as="" more="" countries="" ratify="" international="" agreements="" to="" control="" the="" movement="" of="" pcbs="" across="" their="" borders,="" it="" would="" be="" inappropriate="" for="" the="" united="" states="" to="" establish="" a="" rule="" or="" policy="" that="" would="" allow="" the="" indiscriminate="" transboundary="" movement="" of="" pcbs.="" epa="" has="" considered="" the="" commenter's="" proposal="" and="" in="" sec.="" 761.80(e)="" is="" proposing="" to="" grant="" a="" class="" exemption="" to="" all="" r&d="" facilities="" to="" manufacture="" (including="" import)="" pcbs="" solely="" for="" the="" facility's="" own="" research="" for="" the="" development="" of="" pcb="" disposal="" technologies,="" but="" not="" for="" purposes="" of="" distributing="" in="" commerce="" the="" pcbs="" that="" are="" manufactured.="" for="" purposes="" of="" this="" rulemaking="" provision,="" use="" ``solely="" in="" a="" facility's="" own="" research''="" would="" mean="" use="" by="" the="" manufacturer="" or="" one="" of="" its="" wholly="" owned="" subsidiaries="" conducting="" disposal-related="" research="" and="" development.="" all="" pcbs="" and="" materials="" containing="" pcbs,="" regardless="" of="" concentration,="" resulting="" from="" the="" conduct="" of="" disposal-related="" studies,="" would="" be="" required="" to="" be="" decontaminated="" or="" disposed="" of="" pursuant="" to="" the="" original="" pcb="" concentration.="" epa="" proposes="" to="" limit="" pcb="" manufacturing,="" including="" import,="" activities="" to="" no="" more="" than="" 454="" grams="" (or="" 1="" pound)="" of="" pcbs="" per="" year.="" since="" pcbs="" are="" generally="" used="" in="" extremely="" small="" quantities="" (i.e.,="" micrograms)="" during="" r&d="" activities,="" epa="" believes,="" based="" on="" its="" experience="" in="" issuing="" r&d="" approvals,="" that="" an="" annual="" limitation="" on="" the="" manufacture="" of="" pcbs="" at="" no="" more="" than="" 1="" pound="" for="" each="" r&d="" facility="" should="" be="" adequate.="" individuals="" wishing="" to="" exceed="" this="" amount="" would="" be="" required="" to="" submit="" a="" petition="" pursuant="" to="" tsca="" section="" 6(e)(3)(b)="" and="" the="" interim="" procedural="" rules="" at="" 40="" cfr="" part="" 750.="" likewise,="" epa="" is="" proposing="" to="" grant="" a="" class="" exemption="" at="" sec.="" 761.80(g)="" to="" allows="" the="" processing="" and="" distribution="" in="" commerce="" of="" pcbs="" for="" the="" purpose="" of="" exporting="" pcbs="" for="" research="" and="" development.="" to="" be="" included="" in="" the="" class="" exemption,="" a="" petition="" for="" an="" exemption="" from="" the="" manufacturing="" prohibitions="" would="" have="" to="" be="" received="" by="" epa="" within="" 60="" days="" of="" the="" effective="" date="" of="" the="" final="" rule="" or="" 60="" days="" prior="" to="" engaging="" in="" this="" activity.="" renewals="" of="" or="" modifications="" to="" the="" petition="" would="" be="" required="" annually="" pursuant="" to="" the="" interim="" procedures="" for="" manufacturing="" exemptions="" at="" sec.="" 750.11(e)(1),="" as="" finalized="" in="" the="" federal="" register="" of="" april="" 11,="" 1994="" (59="" fr="" 16991).="" in="" order="" to="" reduce="" the="" paperwork="" burden="" of="" the="" renewal="" process="" for="" the="" class,="" epa="" would="" deem="" a="" properly="" filed="" request="" for="" a="" renewal="" of="" the="" exemption="" by="" any="" member="" of="" the="" class="" as="" a="" renewal="" request="" for="" the="" entire="" class.="" in="" addition,="" to="" ensure="" the="" manufacture="" of="" pcbs="" is="" being="" conducted="" for="" purposes="" of="" research="" and="" development="" into="" the="" disposal="" of="" pcbs,="" epa="" is="" proposing="" that="" the="" regional="" administrator="" be="" notified="" in="" writing="" 30="" days="" prior="" to="" the="" commencement="" of="" r&d="" activities="" that="" require="" the="" manufacture="" of="" pcbs.="" however,="" this="" notification="" would="" not="" be="" required="" if="" an="" individual="" has="" obtained="" a="" pcb="" r&d="" approval="" from="" epa="" pursuant="" to="" secs.="" 761.60(a),="" (i)(2),="" and="" secs.="" 761.70(a)="" or="" 761.70(b)="" and="" the="" approval="" contains="" a="" provision="" regarding="" the="" manufacture="" of="" pcbs.="" in="" granting="" an="" exemption="" under="" section="" 6(e)(3)(b)="" of="" tsca,="" a="" demonstration="" must="" be="" made="" that="" there="" is="" no="" unreasonable="" risk="" of="" injury="" to="" health="" or="" the="" environment="" associated="" with="" the="" exempted="" activity="" and="" that="" good="" faith="" efforts="" have="" been="" conducted="" to="" find="" a="" substitute="" for="" pcbs.="" osha="" regulates="" workplace="" safety="" in="" laboratories="" under="" 29="" cfr="" 1910.1450.="" these="" regulations="" define="" ``laboratory''="" as="" ``a="" facility="" where="" the="" 'laboratory="" use="" of="" hazardous="" chemicals'="" occurs.="" it="" is="" a="" workplace="" where="" relatively="" small="" quantities="" of="" hazardous="" chemicals="" are="" used="" on="" a="" non-production="" basis.''="" ``laboratory="" scale''="" means="" ``work="" with="" substances="" in="" which="" the="" containers="" used="" for="" reactions,="" transfers,="" and="" other="" handling="" of="" substances="" are="" designed="" to="" be="" easily="" and="" safely="" manipulated="" by="" one="" person.''="" ``laboratory="" scale''="" excludes="" those="" workplaces="" whose="" function="" is="" to="" provide="" commercial="" quantities="" of="" materials.="" under="" 29="" cfr="" 1910.1450,="" an="" employer,="" among="" other="" requirements,="" must="" develop="" and="" carry="" out="" the="" provisions="" of="" a="" written="" chemical="" hygiene="" plan="" for="" employees="" working="" in="" laboratories.="" appendix="" a="" of="" that="" section="" is="" non-mandatory,="" but="" provides="" guidance="" to="" assist="" employers.="" the="" guidance="" in="" appendix="" a="" was="" extracted="" from="" ``prudent="" practices="" for="" handling="" hazardous="" chemicals="" in="" laboratories,''="" which="" is="" available="" from="" the="" national="" academy="" press,="" 2101="" constitution="" avenue,="" nw.,="" washington,="" dc="" 20418.="" ``prudent="" practices''="" is="" cited="" in="" the="" osha="" regulations="" because="" of="" its="" wide="" distribution="" and="" acceptance="" and="" because="" of="" its="" preparation="" by="" members="" of="" the="" laboratory="" community="" through="" the="" sponsorship="" of="" the="" national="" research="" council.="" ``prudent="" practices''="" deals="" with="" both="" safety="" and="" chemical="" hazards,="" while="" the="" osha="" laboratory="" standard="" is="" concerned="" primarily="" with="" chemical="" hazards.="" epa="" believes="" that="" the="" limited="" manufacture="" (i.e.,="" 1="" pound="" or="" less="" of="" pcbs)="" and="" use="" of="" pcbs="" in="" conducting="" research="" pursuant="" to="" the="" osha="" workplace="" safety="" requirements="" would="" not="" result="" in="" an="" environmental="" release="" of="" pcbs="" or="" risks="" of="" exposure="" to="" pcbs="" due="" to="" the="" highly="" trained="" nature="" of="" laboratory="" workers="" and="" scientists,="" the="" limitation="" on="" the="" volume="" of="" production,="" and="" the="" current="" marking="" regulations="" that="" require="" containers="" be="" labelled="" as="" containing="" pcbs.="" instrumentation="" contaminated="" with="" pcbs="" would="" be="" required="" to="" be="" decontaminated="" in="" accordance="" with="" current="" requirements="" at="" sec.="" 761.79,="" using="" a="" triple="" rinse="" procedure="" in="" which="" each="" rinse="" is="" 10="" percent="" or="" greater="" of="" the="" volume="" of="" the="" container,="" or="" disposed="" of="" pursuant="" to="" the="" regulations="" at="" 40="" cfr="" 761.60.="" finally,="" all="" wastes,="" including="" diluted="" pcb="" materials="" and="" any="" pcb="" residues="" or="" other="" contaminated="" media,="" would="" be="" subject="" to="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" requirements="" 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.="" the="" agency="" solicits="" comments="" on="" its="" proposal="" to="" establish="" a="" class="" exemption="" that="" authorizes="" the="" limited="" manufacture,="" or="" import,="" of="" pcbs="" for="" use="" in="" one's="" own="" research="" for="" the="" purpose="" of="" conducting="" disposal-="" related="" studies.="" j.="" pcb="" samples="" and="" standards="" epa="" has="" received="" a="" number="" of="" inquiries="" as="" to="" whether="" ``round="" robin''="" analytical="" exercises="" or="" inter-laboratory="" studies="" require="" exemptions="" from="" the="" ban="" on="" the="" distribution="" of="" pcbs.="" epa's="" response="" has="" been="" that="" these="" exercises="" may="" be="" exempt="" if="" they="" meet="" the="" requirements="" of="" the="" current="" provision="" at="" sec.="" 761.80(g).="" these="" kinds="" of="" activities="" are="" normally="" conducted="" as="" quality="" assurance="" measures="" to="" test="" or="" verify="" a="" laboratory's="" performance="" using="" a="" given="" chemical="" analysis="" methodology.="" in="" authorizing="" the="" processing="" and="" distribution="" in="" commerce="" of="" small="" quantities="" of="" pcbs="" for="" research="" and="" development="" in="" 1984,="" epa="" was="" addressing="" the="" need="" to="" process="" and="" distribute="" in="" commerce="" pcbs="" for="" activities="" such="" as="" toxicological="" and="" environmental="" testing="" and="" analytical="" testing="" that="" include="" analyzing="" and="" monitoring="" pcbs="" in="" the="" air,="" soil,="" surface="" waters,="" and="" sediments;="" conducting="" bioassays="" and="" toxicological="" studies;="" and="" producing="" reference="" standards="" for="" identifying="" pcbs="" using="" gas="" chromatography="" (49="" fr="" 28162,="" july="" 10,="" 1984).="" ``small="" quantities="" for="" research="" and="" development''="" is="" currently="" defined="" at="" sec.="" 761.3="" as="" ``any="" quantity="" of="" pcbs="" (1)="" that="" is="" originally="" packaged="" in="" one="" or="" more="" hermetically="" sealed="" containers="" of="" a="" volume="" of="" no="" more="" than="" five="" (5.0)="" milliliters,="" and="" (2)="" that="" is="" used="" only="" for="" purposes="" of="" scientific="" experimentation="" or="" analysis,="" or="" chemical="" research="" on,="" or="" analysis="" of,="" pcbs,="" but="" not="" for="" research="" or="" analysis="" for="" the="" development="" of="" a="" pcb="" product.''="" epa="" intends="" to="" retain="" the="" class="" exemption="" at="" sec.="" 761.80(g)="" so="" that="" these="" activities="" may="" be="" continued="" without="" disruption.="" so="" as="" not="" to="" change="" the="" scope="" of="" the="" class="" exemption="" at="" sec.="" 761.80(g),="" epa="" proposes="" to="" modify="" sec.="" 761.80(g)="" by="" adding="" to="" it="" the="" criteria="" currently="" found="" at="" sec.="" 761.3="" in="" the="" definition="" of="" small="" quantities="" for="" research="" and="" development.="" further,="" epa="" is="" proposing,="" for="" purposes="" of="" consistency,="" to="" modify="" the="" provision="" at="" sec.="" 761.80(o)="" that="" addresses="" the="" renewal="" requirements="" for="" the="" class="" exemption="" at="" sec.="" 761.80(g).="" under="" current="" section="" sec.="" 761.80(g)(2),="" any="" person="" or="" company="" covered="" by="" the="" class="" exemption="" who="" expects="" to="" exceed="" the="" limitation="" on="" the="" amount="" of="" pcbs="" that="" may="" be="" processed="" or="" distributed="" in="" commerce="" in="" 1="" year="" (100="" grams="" or="" 0.22="" pound)="" must="" report="" to="" (i.e.,="" petition)="" epa,="" identifying="" the="" sites="" of="" pcb="" activities="" and="" the="" quantity="" of="" pcbs="" to="" be="" processed="" or="" distributed="" in="" commerce="" pursuant="" to="" sec.="" 761.80(g)(2).="" epa="" is="" proposing="" to="" modify="" sec.="" 761.80(o)="" to="" clarify="" that="" activities="" being="" conducted="" under="" the="" class="" exemption="" may="" be="" continued="" only="" when="" the="" activities="" conform="" to="" the="" provision="" at="" sec.="" 761.80(g).="" to="" increase="" the="" quantities="" of="" pcbs="" that="" are="" processed="" or="" distributed="" at="" sec.="" 761.80(g)(2),="" individuals="" must="" submit="" a="" written="" request="" to="" the="" director,="" cmd="" for="" approval="" to="" exceed="" the="" 100="" grams="" limit="" prior="" to="" engaging="" in="" the="" activity.="" each="" request="" must="" include="" a="" justification="" for="" the="" increase.="" any="" increase="" granted="" will="" be="" in="" writing="" and="" will="" extend="" only="" for="" the="" time="" remaining="" in="" a="" specific="" exemption="" year.="" epa="" also="" recognizes="" that="" some="" laboratories="" may="" work="" with="" amounts="" of="" media="" containing="" pcbs="" that="" are="" needed="" for="" chemical="" analysis="" procedures="" at="" required="" quantitation="" levels="" and="" which="" will="" not="" fit="" into="" 5.0="" milliliter="" hermetically="" sealed="" vials.="" for="" example,="" many="" non-academic="" research="" scenarios="" require="" the="" use="" of="" contaminated="" media="" to="" conduct="" chemical="" analyses;="" to="" conduct="" health="" and="" environmental="" studies;="" and="" as="" quality="" assurance="" samples="" for="" evaluating="" innovative="" disposal="" technologies.="" increasing="" efforts="" are="" being="" devoted="" to="" remediating="" pcb="" contamination,="" whether="" under="" tsca="" or="" some="" other="" environmental="" statute.="" as="" a="" result,="" the="" use="" of="" media="" containing="" pcbs="" as="" quality="" assurance="" environmental="" samples="" plays="" a="" much="" larger="" role="" in="" the="" disposal="" universe="" than="" it="" did="" initially.="" today,="" environmental="" samples="" containing="" pcbs="" are="" required="" and="" are="" used="" in="" conducting="" research="" activities="" to="" determine="" toxicity,="" health,="" environmental,="" and="" other="" effects.="" the="" agency's="" intent="" in="" proposing="" to="" broaden="" the="" use="" authorization="" at="" sec.="" 761.30(j)="" and="" to="" add="" a="" class="" exemption="" for="" processors="" and="" distributors="" of="" media="" containing="" pcbs="" at="" sec.="" 761.80(i)="" is="" to="" promote="" required="" testing="" for="" toxicity="" and="" health="" effects="" which="" may="" be="" used="" in="" setting="" risk-based="" cleanup="" levels="" at="" pcb="" remediation="" sites.="" 1.="" use="" authorization.="" under="" the="" current="" sec.="" 761.30(j),="" pcbs="" may="" be="" used="" in="" small="" quantities="" for="" research="" and="" development.="" that="" term="" is="" narrowly="" defined="" at="" sec.="" 761.3.="" pcb="" uses="" not="" compatible="" with="" the="" limitations="" established="" by="" that="" definition="" can="" only="" be="" authorized="" through="" rulemaking="" or="" a="" disposal="" approval="" under="" secs.="" 761.60(e),="" 761.60(i)(2),="" or="" 761.70(a)="" and="" (b),="" if="" the="" pcbs="" are="" to="" be="" used="" in="" conjunction="" with="" developing="" disposal="" technologies.="" this="" proposal="" would="" delete="" the="" definition="" of="" ``small="" quantities="" for="" research="" and="" development''="" and="" would="" modify="" sec.="" 761.30(j)="" to="" allow="" the="" use="" for="" research="" and="" development="" of="" pcbs="" in="" organic="" liquids="" and="" contaminated="" media="" other="" than="" organic="" liquids="" which="" did="" not="" exceed="" the="" proposed="" material="" limitations.="" this="" change="" would="" eliminate="" the="" time-consuming="" process="" of="" obtaining="" an="" approval="" or="" awaiting="" regulatory="" changes="" for="" the="" use="" of="" pcbs="" when="" conducting="" tests="" to="" determine="" toxicity,="" health,="" environmental,="" and="" other="" effects.="" under="" proposed="" sec.="" 761.30(j),="" permissible="" research="" and="" development="" activities="" would="" include,="" but="" not="" be="" limited="" to,="" scientific="" experimentation="" or="" chemical="" research="" on="" pcbs,="" and="" the="" chemical="" analysis="" of="" pcbs="" and="" testing="" to="" determine:="" biochemical="" transport="" processes;="" environmental="" transport="" processes;="" the="" effects="" of="" pcbs="" on="" aquatic="" and="" terrestrial="" environments;="" and="" the="" health="" effects="" of="" pcbs="" such="" as="" general="" toxicity,="" subchronic="" toxicity,="" chronic="" toxicity,="" specific="" organ/tissue="" toxicity,="" neurotoxicity,="" genetic="" toxicity,="" and="" metabolic="" products.="" however,="" permissible="" research="" and="" development="" activities="" would="" not="" include="" research="" or="" analysis="" for="" the="" development="" of="" a="" pcb="" product.="" this="" section="" would="" allow="" the="" continued="" use="" of="" pcbs="" in="" limited="" quantities="" for="" research="" and="" development="" provided="" the="" pcbs="" were="" originally="" packaged="" in="" hermetically="" sealed="" containers="" no="" larger="" than="" 5="" milliliters,="" or="" as="" samples="" of="" environmental="" media="" containing="" pcbs="" in="" containers="" larger="" than="" 5="" milliliters="" that="" had="" been="" packaged="" pursuant="" to="" the="" dot="" performance="" standards="" at="" 49="" cfr="" parts="" 171-180="" when="" the="" following="" requirements="" were="" met:="" (a)="" the="" regional="" administrator="" was="" notified="" in="" writing="" 30="" days="" prior="" to="" the="" commencement="" of="" any="" r&d="" activity="" authorized="" under="" this="" section.="" notifications="" would="" have="" to="" include="" information="" which="" identifies="" the="" sites="" of="" pcb="" r&d="" activities,="" the="" quantity="" of="" pcbs="" to="" be="" used,="" the="" type="" of="" r&d="" process="" to="" be="" used,="" the="" kind="" of="" material="" being="" treated,="" and="" includes="" an="" estimate="" of="" the="" duration="" of="" the="" pcb="" activity.="" (b)="" no="" more="" than="" 100="" grams="" of="" pure="" pcbs="" could="" be="" used="" annually="" at="" a="" facility.="" (c)="" all="" pcb="" wastes="" (e.g.,="" spent="" laboratory="" samples,="" residuals,="" unused="" samples,="" contaminated="" media/instrumentation,="" clothing,="" etc.)="" would="" have="" to="" be="" stored="" in="" a="" unit="" that="" complies="" with="" the="" storage="" requirements="" of="" sec.="" 761.65(b).="" (d)="" manifests="" were="" used="" for="" all="" r&d="" pcb="" wastes="" being="" transported="" from="" the="" r&d="" facility="" to="" a="" storage="" and/or="" disposal="" facility.="" (e)="" requests="" would="" have="" to="" be="" submitted="" in="" writing="" to="" the="" regional="" administrator="" for="" approval="" to="" exceed="" the="" 100="" grams="" in="" total="" weight="" of="" pure="" pcb="" limitation="" for="" use="" in="" non-disposal="" pcb="" research="" and="" development="" activities.="" such="" requests="" would="" have="" to="" provide="" a="" justification="" for="" the="" additional="" quantity="" needed,="" as="" well="" as="" specify="" the="" quantity="" of="" pcbs="" that="" would="" be="" needed.="" the="" approval="" would="" be="" in="" writing,="" signed="" by="" the="" regional="" administrator,="" and="" include="" all="" requirements="" that="" would="" be="" applicable="" to="" the="" r&d="" activity.="" all="" r&d="" facilities="" would="" have="" to="" comply="" with="" the="" applicable="" storage="" and="" disposal="" requirements="" of="" subpart="" d,="" and="" applicable="" federal,="" state,="" and="" local="" laws="" and="" regulations.="" the="" requirements="" at="" sec.="" 761.207="" to="" manifest="" pcb="" waste="" at="" concentrations="" of="" 50="" ppm="" or="" greater="" would="" not="" apply="" to="" pcb="" samples="" taken="" from="" any="" pcb="" waste="" and="" sent="" off-site="" to="" be="" used="" for="" research="" and="" development="" under="" proposed="" sec.="" 761.30(j).="" in="" addition,="" all="" pcb="" wastes="" would="" be="" subject="" to="" the="" 1-year="" time="" limit="" for="" storage="" and="" disposal="" requirements="" at="" sec.="" 761.65.="" this="" proposal="" would="" create="" a="" distinction="" between="" pcb="" wastes="" that="" a="" generator="" decides="" to="" place="" into="" storage="" or="" send="" to="" a="" disposal="" facility="" for="" final="" disposal,="" to="" which="" manifesting="" requirements="" would="" still="" apply,="" and="" pcb="" samples="" that="" remain="" in="" use="" for="" quantitative="" analysis="" of="" constituents="" in="" the="" samples="" and="" pcbs="" which="" are="" sent="" for="" treatability="" or="" other="" limited="" research="" and="" development="" for="" pcb="" disposal="" activities,="" such="" as,="" materials="" containing="">50 ppm PCBs as a result of a
spill. Samples of materials containing PCBs and meeting the
requirements of the proposed revised use authorization would be
considered ``PCB materials in use'' and not PCB wastes. Manifests would
not be required to return unused samples under Sec. 761.30(j), or
untreated samples under Sec. 761.60(j), to the site of generation, such
as a Superfund remediation site, or under the provisions of proposed
Sec. 761.77, Coordinated Approval. (See Unit III.K. of this preamble
for a discussion of the Coordinated Approval.) However, spent
laboratory or R&D samples could not be placed back in use after
completion of the study. Materials not returned to the site of
generation would then be considered wastes and would be required to be
disposed of pursuant to the provisions at Sec. 761.60. Individuals
handling waste that had been subsequently placed into storage for
disposal or shipped to a disposal facility would again be subject to
the notification and manifesting requirements of subpart K.
EPA also received a proposal regarding research and development
activities in which the commenter questioned why regulatory approval is
required for PCB R&D activities when no such impediment is imposed on
facilities that are engaged in research involving neurotoxins,
bioactive micro-organisms, and highly radioactive substances. Proposed
changes in Sec. 761.30(j) would make it clear that EPA has interpreted
that research on the physical properties, chemical properties, chemical
analysis, toxicity, health effects, and environmental effects of PCBs
falls under the use authorization in that paragraph. Treatability
research on the disposal of any kind of PCB waste, using any kind of
disposal technology, including the use of microorganisms to degrade,
destroy, or chemically alter PCBs, falls under disposal and not use,
and is being addressed in the new proposed Sec. 761.60(j). Facilities
that conduct treatability research or R&D into PCB disposal would have
to comply with applicable notification requirements of subpart K, the
storage and disposal requirements of subpart D, and applicable Federal,
State, and local laws and regulations. To comply with the notification
requirements of Sec. 761.205, the facility would have to notify EPA
using EPA Form 7710-53, ``Notification of PCB Activity''. (For the
reader's convenience, a copy of the draft revised form is inserted in
this part of the preamble; when the rule becomes effective, the final
version may be used to notify EPA of PCB waste handling activities. The
form will not appear in the codified text.)
BILLING CODE 6560-50-F
TP06DE94.011
TP06DE94.012
BILLING CODE 6560-50-C
Although processors/distributors would have the option of expanding
their processing/distributing activities, they would also incur the
responsibility of providing, in the form of a petition, notification to
EPA if they chose also to process and distribute in commerce media
containing PCBs.
In the ANPRM, EPA solicited comments on whether it should codify
its policy that exempts EPA laboratories and other U.S. Government
agency laboratories, i.e., the National Institute for Standards and
Testing (NIST), from the processing and distribution in commerce
prohibitions when such activity is being conducted to effectively
implement or enforce the regulations. Since an accurate determination
of PCB concentration is the basis for compliance with many of the PCB
regulations, such activities are crucial for effective compliance by
the regulated community and effective enforcement by EPA. Therefore,
the class exemption at Sec. 761.80(i) is intended to also address the
need for EPA and other Federal Government laboratories to process and
distribute in commerce small quantities of PCBs for purposes of
supporting enforcement or compliance activities.
EPA is proposing at Sec. 761.80(p) that a properly filed request
for a renewal of the exemption by any member of the class would be
deemed a renewal request for the entire class.
Individual processors/distributors wishing to exceed the limit of
100 grams by total weight of pure PCBs proposed at Sec. 761.80(i) would
have to obtain approval from the Director, Chemical Management Division
who may grant approval, without further rulemaking, to any processor or
distributor who qualifies for the exemption.
The standards imposed by TSCA section 6(e)(3)(B) for granting an
exemption based on no unreasonable risk and good faith efforts to
develop substitute substances must be addressed. EPA believes that no
unreasonable risk would result from the processing and distribution in
commerce of media containing PCBs because such samples would be handled
by laboratories that have established procedures for handling hazardous
materials. (See Unit III.I. of this preamble for a discussion of the
OSHA laboratory workplace safety requirements.) Further, EPA believes
that the use of such samples would further enhance efforts to
implement, comply with, and enforce the requirements for PCBs under
TSCA. Once the use of such samples was over, persons who had used the
samples would be subject to any Federal, State, and local law governing
the disposal of the PCBs, including the rules found in 40 CFR part 761.
The good faith efforts finding does not apply because other chemicals
cannot be substituted for PCBs for these purposes.
K. State Enhancement Activities
In the ANPRM, EPA solicited comments on a proposal to recognize
other Federal and/or State-issued PCB storage and disposal permits with
the view toward limiting concurrent Federal/State and multi-Federal
permitting of PCB storage and/or disposal facilities. (Implementation
of Federal requirements promulgated under section 6 of TSCA regulating
the manufacture, processing, distribution in commerce, and use of PCBs
would not be affected by this proposal.) Under this proposal, dual or
multiple permitting requirements could be eliminated where the TSCA PCB
Program would recognize PCB remediation and disposal activities that
were implemented and monitored under another authority. The goal is to
encourage recognition of other regulatory authorities and participation
by additional States to implement some form of a PCB disposal program
under, for example, an expanded State RCRA hazardous waste program. In
that way, limited EPA resources could be diverted to other issues or
areas where no other Federal or State PCB presence now exists. EPA was
interested in obtaining information on the perceived impacts of
recognizing PCB disposal programs that are implemented under either an
expanded State waste management program (i.e., by listing PCBs as a
hazardous waste) or a TSCA look-alike program (i.e., by establishing a
State PCB disposal program that is analogous to the TSCA PCB Program
through the development of State legislation and implementing
regulations). Comments were solicited on enforcement activities and
other factors associated with implementing such a proposal (e.g.,
issues of national consistency, policy advantages and/or disadvantages,
etc.). Many comments submitted in response to the ANPRM reflect a
misunderstanding of the State enhancement proposal.
Roughly 30 comments were received on this issue with nearly 50
percent of the commenters in favor of the concept. Those in favor of
the proposal supported any reduction in duplicative permitting
requirements that would lower the cost of compliance, but viewed TSCA
look-alike programs as the preferred approach.
Those opposed to the proposal voiced strongly held views that
differences between Federal requirements, coupled with inconsistency
among State-imposed requirements, would severely hamper and complicate
compliance efforts, create confusion, result in increased costs to the
regulated community, and possibly serve as a barrier to interstate
commerce. Additionally, differences between the TSCA and RCRA
requirements were cited as having the opposite effect of alleviating
the burden for the regulated community in complying with the PCB
disposal requirements. Examples cited of scenarios where each of these
disadvantages would be evident include utilities operating across State
lines or entities with interstate activities (e.g., natural gas
transmission companies) and facilities with multiState locations.
Several commenters questioned EPA's authority to establish a State-
delegated PCB disposal program. These commenters believe that TSCA's
legislative history mandated implementation of the PCB disposal program
at the national level, and that anything short of a nationally
orchestrated program would be
abdicating EPA's responsibility. EPA disagrees with the legal
interpretation and believes that this argument is not compelling as a
policy matter since PCB disposal facilities are currently subject to
both Federal and State regulations governing PCB disposal. Furthermore,
recognition of the actions of another authority is not an abdication
since EPA retains authority to enforce the TSCA PCB regulations.
Additionally, one commenter advocated transferring the PCB Disposal
Program to the RCRA program, or totally suspending the TSCA disposal
requirements if a State chooses to regulate PCBs under their expanded
hazardous waste management program. The State enhancement proposal is
not intended to serve as a mechanism for ``delegating'' EPA's
responsibility for implementing any of the statutory requirements of
TSCA. Federal oversight of PCB storage and disposal activities under
State permits would still be undertaken. One commenter suggested that
all facilities should be required to register the use of PCB
Transformers with EPA. If the intent of such a registration program is
to enhance monitoring capabilities over the disposal of this equipment,
EPA believes that it would be permissible under TSCA for a State to
promulgate its own requirements for that purpose.
TSCA section 18 addresses preemption of State law. Section 18
provides, with a few exceptions, that the provisions of TSCA shall not
affect the authority of any State or political subdivision of a State
to establish or continue in effect regulation of any chemical
substance, mixture, or article containing such chemical substance or
mixture. Under section 18(a)(2), however, a State or locality is
preempted from regulating a chemical substance or mixture to protect
against a risk of injury to health or the environment where EPA has
acted under section 6 of TSCA to protect against such risk. An
exception to this preemption provision applies when the State
regulation concerns a requirement ``described in'' TSCA section
6(a)(6), i.e., the manner or method of disposal of a chemical substance
or mixture. This provision, referred to as the ``parenthetical
exception'' to preemption, is enclosed in parentheses at the beginning
of section 18, subsection (2)(B). EPA has interpreted the
``parenthetical exception'' to mean that State PCB disposal rules are
not preempted because they describe the manner or method of disposal of
PCBs. Other examples of situations that would not be preempted by TSCA
include: (1) A State regulation that is identical to EPA's regulation;
(2) a State requirement that is ``adopted under the authority'' of
another Federal law; (3) a State prohibition on the use of the
substance or mixture in the State (other than in its use in the
manufacture or processing of other chemical substances or mixtures); or
(4) when a State or local government prevails in a petition to the
Administrator for a rule that would exempt them from the preemption
requirement on the grounds that the State requirement is consistent
with Federal requirements, providing ``a significantly higher degree of
protection'' while not unduly burdening interstate commerce.
1. Coordinated approval. In the ANPRM, EPA requested comments on
whether to adopt regulatory changes to reduce the need for concurrent
permitting for PCB storage and disposal by allowing recognition under
TSCA of PCB storage and disposal permits issued under expanded State
hazardous waste or TSCA lookalike programs, or under other Federal
environmental statutes (e.g., CERCLA site remediation, RCRA corrective
action, and National Pollution Discharge Elimination System
permitting). The regulated community often must procure both Federal
and State permits prior to commencing PCB storage or disposal
activities. Current Federal requirements for PCB storage and disposal
under TSCA, including the permitting requirements, are set out at 40
CFR 761.60, 761.65, 761.70, and 761.75. Additional requirements are
proposed in this notice at Sec. 761.61.
EPA received several comments; those commenters maintained opposite
views on this proposal. Comments addressing the TSCA PCB Coordinated
Approval mechanism suggested that such a ``program would trigger
undesirable regulatory responses under various environmental statutes
for activities that fall under the jurisdiction of only one particular
statute.'' Although section 6(e)(1)(A) of TSCA requires the
Administrator to prescribe methods for the disposal of PCBs, section
9(b) of TSCA further requires the Administrator to coordinate actions
taken under the Act with actions taken under other Federal laws
administered in whole or in part by the Administrator. Section 9(b)
further requires the Administrator to use such authorities to protect
against such risk, if a determination can be made that the risk to
health or the environment can be eliminated or reduced to a sufficient
extent by actions taken under other Federal laws. Therefore, EPA
believes the TSCA PCB Coordinated Approval provision is a viable
alternative to issuing duplicative TSCA PCB storage and disposal
approvals.
As with EPA's May 19, 1980, final rule under RCRA (45 FR 33325),
EPA sees little value in requiring duplicative permit proceedings and
duplicate paperwork. A State that opts to expand its State hazardous
waste program by including PCBs would be operating under an expanded
State authority, not under a federally-authorized or delegated program.
In that event, the State may elect to regulate all or some aspect of
the disposal program. Standards developed by EPA under programs such as
the RCRA Land Disposal Restriction Requirements, RCRA Corrective Action
permits, remediation projects initiated under CERCLA, and/or expanded
State hazardous waste programs which must incorporate Federal standards
as their baseline regulatory requirements are likely to provide a level
of protection adequate for eliminating or reducing to a sufficient
extent the risks to health or the environment from exposure to PCBs and
to require little or no further review under TSCA.
Remediation of PCB contamination, based on site-specific
conditions, may trigger compliance with several Federal requirements
such as TSCA, RCRA, CERCLA, and the National Pollution Discharge
Elimination System (NPDES permitting), just to name a few.
Additionally, State environmental requirements, such as the California
listed or New Jersey ``X-Code'' waste requirements, also may need to be
factored into the regulatory requirements equation. For illustrative
purposes, an example of a current permitting scenario which resulted in
multiple layers of various State/Federal involvement and the benefits
that would be derived under this proposal are presented here:
A manufacturing facility which discharged waste waters into a river
located adjacent to the facility discovered PCB contamination in the
soils and the groundwater of a nearby residential community. Wells were
drilled and PCB-laden oil was found. Prior to the installation of oil/
water separators in 1965, untreated process and stormwater flowed into
a brook (which flows through the property) and the river. This facility
housed, among other things, a Transformer Division, and from 1932 to
1977 insulating oil containing PCBs was used extensively in the
operation of its transformer plant. In addition, hazardous wastes,
including wastes containing PCBs, were generated as a result of these
and other manufacturing processes. The wastes were disposed of both on-
and off-site.
PCB contamination in the river had been an issue since the late
1970s when studies conducted by EPA and the two neighboring States
detected PCBs in the sediments, fish, and waters of the river. The
facility had obtained a NPDES permit from EPA for discharges into a
navigable waterway (in early 1978) and Interim Status under RCRA in
1980. In 1981, the facility was required by EPA and the resident State
Department of Environmental Protection (DEP) to conduct three major
studies focussing on: (1) The hazardous waste disposal practices at the
facility, (2) a determination of the extent of on-site contamination,
and (3) an assessment of the PCB contamination and corrective action
alternatives for the nearby river. The studies concluded that sediment
along the river was contaminated with 39,000 pounds of PCBs.
Using the authority of the State's Superfund Law, the facility was
required in 1981 to install groundwater pumps and remove PCB containing
oil from the top of the groundwater. In 1987, the facility installed a
slurry wall to minimize migration of the PCBs towards the river. In
1988, EPA's Regional office issued a TSCA disposal permit for a high
temperature, thermal oxidizer incinerator for the destruction of the
oil containing PCBs. Also in 1988, the facility was required by the
State DEP to make necessary repairs at the dam to decrease future
transport of PCBs downstream.
Finally, in October 1988, EPA initiated the corrective action
process under the provisions of the Hazardous and Solid Waste
Amendments (HSWA) of 1984 to RCRA. A draft RCRA Part B permit to
initiate cleanup was developed by EPA in early 1989, and the final RCRA
Corrective Action Permit was issued in early 1991. In addition, EPA's
TSCA PCB disposal permitting program had issued several R&D permits to
conduct pilot-scale experiments of the effectiveness of various
bioremediation processes as viable cleanup technologies. In summary,
the facility was required to obtain operating and air emission permits
from the State DEP, corrective action permits from EPA under RCRA, a
TSCA operating permit for the thermal incinerator (issued by the
Region), TSCA R&D permits for pilot-scale experiments (issued by EPA
Headquarters), and a NPDES permit for water discharges.
If the TSCA PCB Coordinated Approval proposal were a reality, the
TSCA PCB Program could have recognized, in this case, permits that
could have been issued by the State for the operation of the thermal
incinerator and the R&D permits for experimental disposal technologies
if the State elected to either implement an expanded PCB program under
its RCRA authority or to establish a TSCA look-alike PCB disposal
program. In addition, action taken under any Federal authority (e.g.,
RCRA or CERCLA) to require remediation of PCB contamination could also
be recognized as not posing an unreasonable risk of injury and thus
suitable for a TSCA PCB Coordinated Approval.
One commenter, although supporting the concept of regulating PCB
disposal activities under an expanded State hazardous waste program for
stationary technologies, encouraged EPA to maintain centralized control
over PCB mobile technologies. However, such an approach is not
acceptable to EPA since there are limited situations whereby the
Administrator can preempt the State's authority to regulate PCB
disposal activities. Although the TSCA PCB Coordinated Approval
provision would not require the owner or operator of a mobile, or
multiple, but identical stationary unit to obtain a single approval
from EPA, it also would not require the owner or operator of such a
unit to obtain multiple approvals from each State in which the disposal
technology will be used.
The owner or operator of a mobile, or multiple, but identical
stationary unit may want to obtain a TSCA Coordinated Approval to
ensure the Federal and State requirements are harmonized. A State may
chose to permit mobile technologies that will be used exclusively in
that State, and EPA would respect its authority to do so. However, an
approval that has been obtained from one state may not be acceptable to
EPA in developing a TSCA Coordinated Approval that is intended for use
in multiple States.
Although the process for implementing a TSCA PCB Coordinated
Approval mechanism was not discussed in the ANPRM, EPA considered
establishing a self-implementing or an interactive coordinated approval
process. The two approaches are discussed below.
a. Interactive approach. EPA proposes at Sec. 761.77 to recognize
permits issued under other Federal laws administered by EPA and State
PCB disposal authorities using an interactive TSCA PCB Coordinated
Approval mechanism. EPA believes the interactive approach described
below would provide the Agency the best opportunity to effectively
oversee PCB activities that are conducted under another statutory
authority. In addition, the interactive coordinated approval would
maximize the Regional Administrator's ability to serve in a
preventative rather than a reactive role in those instances where
unintentional negligence by the regulated community could result in
risks of injury to health and the environment from exposure to PCBs.
At Sec. 761.77, EPA is proposing to include as a condition of the
TSCA PCB Coordinated Approval all requirements, conditions, and
limitations of a non-TSCA permit or other waste management document
issued by a State or under another statute administered by EPA prior to
the effective date of this rule. The provision allows for both
simultaneous coordination under the TSCA PCB permitting authority and
the other State or Federal permitting authority when a waste management
document does not exist and the subsequent review and approval (or
inclusion of additional conditions, if deemed appropriate) of an
existing waste management document. The facility could commence PCB
waste storage or disposal operations only after the Regional
Administrator received and reviewed a request for a TSCA PCB
Coordinated Approval that included a copy of the non-TSCA approval and
a verification that the facility had submitted EPA Form 7710-53 and
received an EPA I.D. Number, which most facilities would already have
for their hazardous waste management permit. The Regional Administrator
would either issue the TSCA PCB Coordinated Approval accepting the non-
TSCA approval as written provided the relevant standards of
Sec. 761.77(b) through (g) have been met, request additional
information, impose additional conditions, or require the owner or
operator of the facility to obtain a TSCA PCB approval.
If, at any time during the facility's operation under the TSCA PCB
Coordinated Approval the Regional Administrator determined that the
facility was in violation of any requirement of the Approval (e.g.,
failure to comply with the TSCA PCB reporting and recordkeeping
requirements, violation of the conditions of a non-TSCA permit or waste
management document, or operation of the facility in a manner that
might result in an unreasonable risk of injury to health or the
environment), the Regional Administrator could issue a notice of
deficiency, revoke the TSCA PCB Coordinated Approval or require the
owner or operator of the facility to apply for a Federal TSCA PCB
approval. The owner or operator of the facility could continue
operations until the TSCA approval was issued; however, a facility
could not commence operation until it received a TSCA PCB approval if
it received a notice of deficiency from the Region. The deadline for
submitting the permit application and the Regional Administrator's
rationale for requiring a TSCA approval would be reflected in the
Regional Administrator's written notice of deficiency.
b. Self-implementing approach. This approach would allow the owner
or operator of a facility with a Federal environmental waste management
document (e.g., signed ROD, final RCRA permit) or State-issued final
PCB permit to commence operations after (1) filing EPA Form 7710-53 and
obtaining an EPA identification number, (2) providing written
notification to the Regional Administrator and (3) receiving
confirmation of receipt of that notification from the Region. Under
TSCA, the Region would intervene in the facility's operations only in
those instances of non-compliance, for example, with the non-TSCA
permit or TSCA reporting and recordkeeping requirements, or operation
of the facility in a manner which would result in an unreasonable risk.
The Federal or State agency issuing the underlying environmental waste
management document would be the lead organization in the development
and issuance of that document, monitoring of its implementation and
enforcement of its provisions. EPA's responsibility under TSCA for
oversight in those instances would include enforcement of the TSCA PCB
Coordinated Approval rules and could result in the Regional
Administrator exercising his/her authority to require the owner or
operator of the facility to obtain a TSCA approval. A detailed
description of the proposed process follows.
Under the self-implementing approach, facilities with a State
issued PCB permit or a permit issued by EPA (or an authorized State
Director) under another Federal law administered by EPA for PCB
remediation, storage, and disposal activities would be recognized by
EPA as having a TSCA PCB approval provided the permit or other waste
management document generally addresses those disposal activities
normally covered by a TSCA PCB approval. Additionally, the facility
would have to be in compliance with the conditions of that permit and
the TSCA PCB reporting and recordkeeping requirements of Sec. 761.180
and Sec. 761.202 through Sec. 761.218. Owners or operators of
facilities storing or disposing of PCBs pursuant to a permit issued
under another environmental statute such as a CERCLA ROD, a RCRA
Corrective Action permit, or an expanded RCRA-authorized State
hazardous waste program would be required to obtain an EPA I.D. number
(or confirm an existing number), provide written notification to the
Regional Administrator for the Region in which the facility is located
that they would like to handle PCBs in accordance with a permit that
addresses the remediation, storage, and/or disposal of PCBs and receive
written confirmation of receipt of the notification to the Region. A
separate formal TSCA PCB approval would not be required. The owner or
operator of the facility could commence operations immediately once an
EPA I.D. number for PCB activities was obtained (or confirmed), written
notice was given to the Regional Administrator, and the Regional
Administrator confirmed that the owner's notification had been
received. A Region could also respond with a notice of deficiency in
those instances where the Region determines that a TSCA PCB Coordinated
Approval is not available or appropriate and a TSCA PCB approval is
needed.
If, after a TSCA PCB Coordinated Approval has been issued,
conditions such as, but not necessarily limited to, the following
exist, the Regional Administrator for the Region in which the facility
is located would have sufficient basis to issue a notice of deficiency
and/or require the owner or operator of the facility to submit an
application for a TSCA PCB approval:
(1) Current or subsequent substantive violations of the permit
conditions and/or the TSCA reporting and recordkeeping requirements.
(2) Operation of a facility in a manner that may result in an
unreasonable risk of injury to health or the environment.
(3) The program under which the permit was issued has expired or
the permit has been revoked.
(4) For CERCLA actions, requirements conducted pursuant to a ROD
have been completed or the facility is not in compliance with the
conditions of the ROD.
In the event the Region required the owner or operator of the
facility to obtain a TSCA approval, the Regional Administrator would
establish a deadline for the owner or operator of the facility to
submit an application (generally not less than 30 days from receipt of
the notice of deficiency) for a TSCA PCB approval. However, the owner
or operator of the facility would be able to continue operations under
the provisions of the TSCA PCB Coordinated Approval until the TSCA
approval is issued (except in the instance where a notice of deficiency
was issued, then a TSCA PCB approval would first be required). After
issuance of the TSCA approval, EPA would no longer recognize the State
or other Federal permit for that facility as being the equivalent of a
TSCA PCB approval.
The primary responsibility for compliance monitoring and
enforcement of the permit or waste management document would reside
with the Federal or State agency issuing that permit or waste
management document. These underlying permits or waste management
documents would be deemed to be requirements of TSCA whose breach is a
prohibited act under section 15 of TSCA. EPA would reserve its rights
to conduct inspections and take enforcement actions under TSCA or any
other applicable Federal statute. It is EPA's intent to exercise its
authorities in consultation with or at the request of the other Federal
program or State agency issuing the permit or waste management
document. However, based on any information, EPA could act without
consultation, especially where a facility poses an immediate risk of
injury to health or the environment or where EPA's intent is to
initiate a criminal investigation or criminal or civil judicial action.
EPA proposes to add Sec. 761.77 to reflect the interactive approach
and solicits comments on the concept of a TSCA PCB Coordinated Approval
and EPA's proposed implementation of this proposal.
2. PCB State Enhancement Grants. Also cited in the ANPRM was EPA's
proposal to make resources, as appropriated by Congress, available
through the TSCA section 28 State grant mechanism. A Notice of
Availability for the PCB State Enhancement Grant Program was published
in the Federal Register of March 4, 1991 (56 FR 9008). This notice
solicited applications for financial assistance to support current
State activities to establish a PCB disposal program. Funding under
this program was not anticipated to continue beyond fiscal year 1992.
Under the State grant proposal, EPA would partially fund efforts by the
States to establish a State PCB disposal program through the
development of State legislation and regulations of PCB disposal
activities. States were also required to provide a ``match'' of 25
percent of the total cost of the project.
Several commenters were not in favor of EPA's encouragement of the
listing of PCBs under State hazardous waste programs. Additionally,
some commenters voiced concern that EPA was trying to delegate its
responsibility to the States to enforce Federal requirements. And
finally, commenters were also skeptical of whether there would be
adequate funding under the grants to implement State disposal programs.
TSCA grants were to be used as ``seed'' money to complement ongoing
State PCB disposal activities. In creating the TSCA section 28 grant
provision, the intent of Congress was to provide financial assistance
to selected States to complement and augment EPA's efforts authorized
under the Act (Ref. 55). It had envisioned that those States most
heavily impacted by chemical pollution problems, upon application and
approval by EPA, would receive assistance from EPA. To be eligible for
a grant, States would have to be engaged in the process of listing PCBs
under its hazardous waste laws or in adopting TSCA look-alike laws for
the storage and/or disposal of PCBs. The process for establishing a PCB
disposal program would have to have been completed by September 30,
1992. Since the response to the Federal Register notice soliciting
applications for assistance was limited, the program has been
discontinued.
L. Clarification of the Requirement to Request Approval for Alternate
Methods of Disposal
Section 761.60(e) of the PCB regulations states that persons who
are required to incinerate PCBs and PCB Items and who can demonstrate
that an alternate method exists for destroying these PCBs or PCB Items
and that this alternate method can achieve a level of performance
equivalent to Sec. 761.70 incinerators may submit a written request to
the EPA for an exemption from the incineration requirements of
Sec. 761.70 or Sec. 761.60.
It was never the Agency's intent that the submission of an
application for an alternate disposal method in lieu of incineration be
optional, as could be construed by the use of the word ``may'' in
Sec. 761.60(e). EPA, therefore, proposes 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 the appropriate EPA official
prior to any use of the method to destroy PCB waste.
M. Wet Weight/Dry Weight Clarification
This rule proposes to clarify the basis on which PCB concentrations
are to be determined for the purpose of identifying applicable
requirements under the PCB rules. Proposed Sec. 761.1(b) of this rule
would require that PCB concentrations for non-liquid materials, 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), be determined on a dry weight basis according
to the definition proposed at Sec. 761.3. The proposed rule would
require the PCB concentration to be determined on a wet weight basis
for liquid PCBs as proposed to be defined at Sec. 761.3, i.e.,
homogeneous flowable material containing PCBs and no more than 0.5
percent non-dissolved materials. This rule would also establish
requirements for determining PCB concentrations in situations where
separate, distinct phases were present within samples of materials
containing PCBs.
On April 6, 1990 (55 FR 12866), EPA published a proposed rule that
sought to clarify how to determine the PCB concentration in media where
water is present. However, several comments on the April 6, 1990
proposed rule indicated that it could be read to require determination
of PCB concentrations of all samples, including liquid samples, by
removing (drying, evaporating or condensing) the liquids and thus
leaving only PCBs. This Notice responds to those comments by clarifying
the April 6, 1990 proposal and proposes distinct requirements for
determining the PCB concentration in liquids, non-liquids, and
multiphasic liquid/liquid and liquid/non-liquid samples.
The April 6, 1990 Notice proposed that PCB concentrations be
determined on a dry weight basis for all substances (non-liquids or
liquids) regulated under part 761, including, but not limited to,
dielectric fluids, contaminated solvents, oils, waste oils, heat
transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge
spoils, soils, materials contaminated as the result of spills, and
other chemical substances or combination of substances, including
impurities and byproducts and any byproduct, intermediate, or impurity
manufactured at any point in a process. EPA assumes that most
substances or mixtures, from which samples will be taken for the
determination of PCB concentrations by chemical analysis, will fall
into the categories listed above, with the addition of wastewater.
Water may be present in some of these substances or mixtures in varying
amounts and for various reasons.
The PCB current regulations do not require a specific chemical
analytical method for the determination of PCB concentrations. Many
chemical analysis procedures, used to determine PCB concentrations,
require accounting for the presence of water in samples in a way that
accomplishes EPA's objectives in this rule. However, there are some
chemical analysis procedures that could be used for PCBs, but that were
developed to address more general objectives. Therefore, these more
general chemical analysis procedures may either offer several options
for accounting for water in samples or require a different way to
account for water than would be appropriate for determining the PCB
concentration to meet the requirements and intent of the PCB
regulations.
The overall purpose of the proposed revisions to Sec. 761.1(b) is
to ensure a consistent and reproducible basis for determining the
concentration of PCBs in the PCB-containing medium. Such a basis would
enable the Agency to apply the PCB rules in a consistent manner. To
determine the PCB concentration of a nonliquid, as will be discussed
below, the medium of concern is the non-liquid material because it is
the most likely repository of the PCBs. Therefore, any water in the
sample should be accounted for in the determination of the PCB
concentration of the sample because the amount of water can
significantly bias the PCB concentration in the sample.
For liquid samples, however, the medium of concern is the liquid
itself; therefore, to determine the PCB concentration in that medium,
one may determine the PCB concentration on a wet weight basis. (For
example, for water samples, the medium of concern is the water, and it
would not make sense to exclude the water.)
1. Liquid PCBs, including organic liquids and wastewater. ``Liquid
PCBs'' would be defined in Sec. 761.3 as homogenous flowable material
containing PCBs and no more than 0.5 percent by weight non-dissolved
materials. The proposed revisions to Sec. 761.1(b) would require
concentrations for liquid PCBs to be determined on a wet weight basis.
``Wet weight basis'' means reporting chemical analysis results by
including the weight of all dissolved water in a homogeneous liquid. If
the liquid is homogenous, the PCBs will be distributed throughout the
medium evenly. For nonhomogenous liquid samples, however, PCBs are more
likely to be more concentrated in one component of the sample than they
are in others because of the physical and chemical properties PCBs
possess (e.g., PCBs are hydrophobic). Thus, for these samples, the
proposal would require each phase of a non-homogeneous liquid to be
separately analyzed (on a wet weight basis). EPA recognizes, however,
that even if each phase of a liquid sample is separately analyzed, some
small amounts of water that are not separable may be found in a
particular phase (i.e., some small amount of water may be found in
oil).
For liquid samples containing water, the separable water must be
removed, and each phase of the sample must be separately analyzed (on a
wet weight basis). Separable water is water that may be readily
physically separated, e.g., by the use of a separatory funnel,
filtration, or by decantation.
EPA notes that most organic liquids in which PCBs are found
(including mineral oil dielectric fluid, heat transfer fluid, oil based
hydraulic fluid, and rinse solvents) usually do not contain more than 1
or 2 percent of non-separable water. This non-separable water usually
is in a suspension or in solution. Since the amount of non-separable
water is usually very low compared to the amount of organic liquid, the
effect of non-separable water on the concentration of PCBs in these
organic liquids is relatively small. Thus, EPA believes that allowing
the non-separable water to be included in the analysis would generally
not affect the regulatory status of a sample. When there is non-
separable water in an organic liquid, chemical analysts will normally
use a desiccant to remove even this small amount of non-separable water
from the liquids during chemical analysis. These small amounts of non-
separable water are removed to avoid potential interference to PCB
instrumental response from water and potential damage to the chemical
instrumentation. Even though the small amounts of non-separable water
removed by desiccation could be accounted for, they normally are not
accounted for because this non-separable water has limited influence on
the PCB concentration of the organic liquid.
Also, EPA notes that wastewater samples consist almost entirely of
non-separable water. For wastewater samples the analyst will normally
use an organic solvent to extract the PCBs from the wastewater. Even
though the PCBs are removed from the water during the determination of
the PCB concentration, chemical analysts do not consider this
determination to be on a dry weight basis. Since wastewater may contain
significant amounts of suspended materials, this rule proposes to
identify how much suspended material may be present in the water to
still be considered a homogenous liquid for the purpose of determining
PCBs in water. If wastewater contains greater than 0.5 percent non-
dissolved non-liquids, the wastewater would be considered to be
``multiphasic liquid/non-liquid.'' If wastewater contained other
immiscible liquids separable by decantation, the PCB concentrations for
those other liquids would be considered to be ``multiphasic liquid/
liquid.''
2. Non-liquid PCBs. ``Non-Liquid PCBs'' are proposed to be defined
at Sec. 761.3 as PCBs which contain no liquids which pass through the
filter when using the paint filter liquids test method (EPA Method 9095
in ``Test Methods for Evaluating Solid Waste'' (SW-846). Proposed
Sec. 761.1(b) would require PCB concentrations for non-liquid PCBs to
be defined on a dry weight basis. ``Dry weight basis'' would be
determined as reporting chemical analysis results by excluding the
weight of the water from the weight of the sample.
In addition, for purposes of this proposal, any chemical analysis
process which removes and/or accounts for the amount of water present
in non-liquids complies with the requirement to determine the PCB
concentration in non-liquids on a dry weight basis. These processes
include some or all of the following: filtration, decantation, and
heating at low temperatures followed by cooling in the presence of a
desiccant. The determination of the PCB concentration in the non-liquid
would be based on the weight of PCBs in the weight of the resulting
dried non-liquids. Water separated from non-liquids through filtration
or decantation would be treated as a liquid sample as described in Unit
III.M.1., ``Liquids Including Organic Liquids and Wastewater'' above.
Soils, sediments, and sludges are examples of PCB containing media
that can contain varying amounts of water and still pass the paint
filter liquids test for non-liquids. In addition, there are any number
of other PCB containing media such as paper, wet automobile shredder
fluff, and other fiber products that can also contain varying amounts
of water and pass the paint filter liquids test for non-liquids as
well. These non-liquid PCBs may contain a relatively large amount of
non-separable water compared to the amount of non-separable water that
can be contained in the organic liquids normally encountered in PCB
samples. For the purposes of determining PCB concentrations of soils,
sediments, and sludges on a dry weight basis, the amount of water not
separated from these non-liquid samples by filtration or decantation
would have to be accounted for in reporting the PCB concentration.
3. Mixtures of liquids and/or non-liquids. In multiphasic samples,
that is, samples containing (a) both non-liquids and liquids or (b)
more than one liquid phase, chemical analysts usually separate non-
liquids from liquids and immiscible liquids from each other before
chemical analysis. This separation eliminates the potential consistency
and reproducability problems and also provides meaningful comparisons
of PCB concentrations for regulatory purposes. The separation
techniques employed in the laboratory to separate non-liquids from
liquids must result in equivalency to the paint filter liquids test in
order to assume a complete separation of liquid and non-liquid
materials.
In a sample containing more than one phase, where the phases are
capable of being separated from each other (by procedures such as
decantation and filtration), the proposed rule would require the phases
to be separated from each other prior to chemical analysis, and the PCB
concentration for each separate phase of the mixture sample to be
determined individually. Separated non-liquids would be required to be
analyzed on a dry weight basis and liquids would be required to be
analyzed on a wet weight basis.
N. Oil-filled Equipment Manufactured After the Ban
In the applicability section of part 761 at Sec. 761.1, EPA is
proposing to add paragraph (g) to provide clarification with regard to
the classification of oil-filled equipment manufactured after the ban
on the manufacture of PCBs took effect on July 2, 1979. The purpose of
this clarification is to recognize that oil-filled equipment
manufactured after the ban, accompanied either by documentation
provided by the manufacturer or a label or mark affixed by the
manufacturer certifying, based on test data, that the equipment does
not contain PCBs, does not fall into the assumption category, under the
definition of ``PCB-Contaminated Electrical Equipment'' at current
Sec. 761.3, that all oil-filled equipment where PCB concentration is
unknown must be assumed to be greater than 50 ppm PCBs. For purposes of
this proposed rulemaking, the criteria for demonstrating that the
transformer contains no PCBs are: the equipment must have been
originally manufactured with no PCBs after the effective date of the
ban (July 2, 1979), and must not have been serviced with any PCBs.
At Unit III.C. of this preamble, EPA is proposing to amend the
definition of ``PCB-Contaminated Electrical Equipment'' to indicate
that the reference to ``oil-filled'' means mineral-oil and that not all
equipment that contains an oily substance can be assumed to be PCB-
Contaminated. Similarly, proposed Sec. 761.1(g), would clarify that
oil-filled (mineral or otherwise) equipment that was manufactured after
the ban on the manufacture of PCBs that was certified to contain no
PCBs at the time of manufacture and has not been subsequently serviced
with fluids containing PCBs should not and will not be assumed to be
PCB-Contaminated. In fact, this equipment is not subject to the
provisions of 40 CFR part 761.
O. PCB Voltage Regulators
The current regulation at Sec. 761.30(a)(1)(xv) requires owners of
mineral oil transformers that the owner had assumed to contain 50 to
499 ppm PCBs, that are tested and found to contain 500 ppm or greater
PCBs, to bring those units into compliance with all the applicable
provisions of part 761. EPA is proposing at Sec. 761.30(a)(1)(xvi) the
same requirements for voltage regulators. Accordingly, voltage
regulators, assumed to be PCB-Contaminated, that are later tested and
found to contain 500 ppm PCB or greater would be required to come into
compliance with part 761. Voltage regulators which were marked or
otherwise known to contain PCBs at greater than 500 ppm would also be
required to come into compliance with all the applicable requirements
of part 761. Section 761.30(h) would also be revised to reflect this
change.
In many respects, voltage regulators are designed to function in a
manner similar to transformers. They consume a small amount of current
and adjust their output voltage with precise limits based on voltage
and current needs of the power system. Though the actual size and fluid
requirements of voltage regulators vary depending upon precise voltage
rating, age, and manufacturer, voltage regulators of less than 100 KVA
contain approximately 30 gallons of fluid and those over 100 KVA
approximately 200 gallons. Voltage regulators were manufactured with
mineral-oil fluid of which 14 percent contained PCBs greater than or
equal to 50 ppm and less than 2 percent contained greater than or equal
to 500 ppm PCBs.
Based on this data, EPA does not expect many voltage regulators to
be above the 500 ppm PCB level; however, as with mineral-oil
transformers later tested and found to contain above 500 ppm PCB, those
that were found to be 500 ppm or greater would be treated in the same
manner as transformers at 500 ppm or greater.
The impetus for this proposal is to ensure that voltage regulators
that are found to contain 500 ppm or greater PCBs are properly marked
while in service, their locations are marked, records are kept pursuant
to Sec. 761.180, they are registered with fire departments, and they
are properly disposed of when they are taken out of service. As well as
soliciting comments on this proposed change in general, EPA is
soliciting comments on the appropriateness of requiring enhanced
electrical protection for voltage regulators as is the case for
mineral-oil transformers later found to contain greater than or equal
to 500 ppm PCBs.
In addition, EPA is soliciting comments on whether it is sufficient
to simply add voltage regulators to existing Sec. 761.30(a)(1)(xv)
(renumbered in this proposed rule as Sec. 761.30(a)(1)(xvi)) or whether
a separate subparagraph should be added to address this issue because
voltage regulators containing greater than or equal to 500 ppm PCB
should not be treated in the same manner as PCB Transformers. If there
are compelling reasons to treat these voltage regulators differently
due, for example, to their size, location, or use, EPA welcomes
suggestions on the most appropriate way to regulate these pieces of PCB
electrical equipment.
P. Registration Requirements for PCB Transformers Containing
500 ppm PCBs
Pursuant to section 18(b) of TSCA, the State of Connecticut
petitioned EPA for an exemption from the preemption provisions of
section 18(a)(2) to allow the State to require, among other things, the
registration of PCB Transformers (i.e., transformers with dielectric
fluid at 500 ppm PCB) with the Connecticut Department of
Environmental Protection. Connecticut argued that this notification
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 often respond to fires and spills at
sites throughout the State and (2) State administrative actions such as
issuing warnings regarding fishing, swimming, or other activities that
could increase human exposure to PCBs when fires or spills occur, could
be made in a more timely manner. While EPA sees merit in these
arguments, EPA believes that residents of every State would be better
protected by a uniform, nationwide registration requirement, where EPA
would receive the data and make it available to Federal and State
emergency response personnel.
Today's rule proposes a new Sec. 761.30(a)(1)(vii) to require all
owners of PCB Transformers to register their transformers with the U.S.
Environmental Protection Agency, Office of Enforcement and Compliance
Assistance (2245), 401 M St., SW., Washington, DC 20460 no later than
90 days after the effective date of the final rule. PCB Transformers
subsequently identified or received from another location would have to
be registered with EPA no later than 30 days after identification or
receipt. To minimize data gathering and processing, EPA proposes that
transformer owners would only have to report information about their
transformers that is currently required under Sec. 761.180(a), to be
included on their annual document logs. The registration would include
the following information: (1) Transformer location (address) and
number of PCB Transformers, (2) kilograms of PCB liquid in each PCB
Transformer, and (3) name, address, telephone number and signature of
the owner, operator, or other authorized representative certifying the
accuracy of the information submitted. 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. (See discussion at Unit III.E.--Transfer of Totally
Enclosed PCBs.) Anyone who took possession, either through transfer of
location or sale of a PCB Transformer, 90 days after the effective date
of this rule would be responsible for demonstrating that the newly
acquired PCB Transformer was registered with EPA under this proposed
provision or, if the new owner could not make that demonstration, he
would have to register that PCB Transformer within 30 days of the
transfer.
The regulations at Sec. 761.30(a)(1)(vi) and (vii) currently
include requirements for registering all PCB Transformers with fire
response personnel and owners of any nearby commercial buildings. State
and local authorities may also have notification requirements for
emergency response personnel. 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 the local fire department.
Subsequent 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 to continue each unit's
authorization for use.
Therefore, the registration requirements proposed today would
extend to all PCB Transformers in use or in storage for reuse, even if
a specific PCB Transformer was registered under the current
requirements at Sec. 761.30(a)(1). Under proposed
Sec. 761.30(a)(1)(vii)(C), this requirement would be a part of the
authorization for continued use for each PCB Transformer.
EPA solicits comments on this proposal and the petition from the
State of Connecticut. If EPA does not promulgate today's proposed
uniform national registration requirements, 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.
Q. Rectifiers
It has come to EPA's attention that a certain number of oil-filled
and solid-state rectifiers (devices that convert AC current to DC
current) contain PCBs. While rectifiers are not specifically authorized
for use in the PCB regulations, it is EPA's intent to authorize at
proposed Sec. 761.30(r), the continued use of rectifiers in a similar
manner as transformers to be consistent with EPA's use authorizations
for non-totally enclosed electrical equipment.
To add specificity to this proposed authorization for rectifiers,
EPA is soliciting 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 volume amount (as is the case with capacitors, i.e.,
capacitors with less than 3 pounds of fluid are considered small and
generally not regulated under TSCA for disposal) at which rectifiers
would be regulated under TSCA, (4) the number of oil-filled vs. solid
state rectifiers, and (5) any information that will assist EPA in
supporting a use authorization for this type of equipment. Proposed
Sec. 761.30(r) would authorize PCBs at any concentration to be used in
rectifiers and PCBs at less than 50 ppm to be used in servicing
rectifiers for the remainder of their useful life.
R. Use of PCBs in Scientific Equipment
It has come to EPA's attention that certain types of scientific
equipment have historically used PCBs as a medium for comparative
measurements. Specifically, EPA has been made aware of the historic use
of PCBs in studies of birefringence and viscoelasticity of long chain
polymers (Ref. 58). The PCBs serve as a high viscosity medium to
uniformly reduce all movement to facilitate comparisons of long-chain
polymers. These studies date back to well before the enactment of TSCA
and have included hundreds of thousands of comparable reference data
runs. Other media could be used to replace PCBs in these instruments,
but none yield results comparable to the large historical reference
data set using PCBs as reference standards. While PCBs are not
specifically authorized for specialized uses in scientific equipment,
it is EPA's intent to authorize at proposed Sec. 761.30(s), their
continued use in situations where the PCBs were in use as of the date
of publication of today's proposal. Additional information is requested
as to why substitutes are not available or otherwise could not be used
and why the continued use of PCBs presents no unreasonable risk to
health and the environment.
In order to add specificity to this proposed authorization, EPA is
soliciting comments and data on the following: (1) The types and number
of scientific applications for which PCBs are currently in use; (2)
explanations as to why substitutes can not be used in each identified
scientific application; (3) the size of such units and whether EPA
should adopt a de minimis volume amount; (4) the types of PCBs used;
(5) descriptions of how releases and exposures to PCBs are minimized
during preparation, operation, and disassembly of the testing
equipment; and (6) any additional information that will assist EPA in
supporting a use authorization for PCBs in scientific equipment. In all
authorized and unauthorized scientific uses or applications of PCBs,
the disposal of the PCBs and any contaminated equipment is fully
regulated under TSCA.
S. Remove Outdated Material
In response to a request to remove outdated material from the Code
of Federal Regulations, EPA is proposing to remove the provisions at
Sec. 761.20(c)(3) that require the submission to EPA of a notice at
least 30 days prior to the export for disposal of PCBs or PCB Items;
the regulations had authorized export for disposal until May 1, 1980.
In deleting the notification requirement, EPA proposes to retain the
prohibition against exporting PCBs for disposal after May 1, 1980, as
reflected at Sec. 761.20(c)(3) in today's notice.
Likewise, several use authorizations specified deadlines by which
certain activities were to cease. Section 761.30(a)(1)(iii), which
prohibits the installation of PCB Transformers in or near commercial
buildings after October 1, 1985, contains provisions for the continued
installation of such transformers in emergency situations or for
reclassification up until October 1, 1990. Since these provisions are
now obsolete, EPA is proposing their removal, with the exception of the
provision to allow the indefinite installation of Mineral Oil PCB
Transformers, which is still valid and would be retained. Therefore,
Sec. 761.30(a)(1)(iii)(A) through (D) would be deleted, with the
exception of the requirements of Sec. 761.30(a)(1)(iii)(C)(2)(ii) and
(C)(2)(iii), which would be retained and redesignated as
Sec. 761.30(a)(1)(iii)(A) and (iii)(B), respectively. The definition of
``emergency situation'' under Sec. 761.3 would therefore be rendered
unnecessary and also would be deleted.
The provisions at Sec. 761.30(b), which authorize the use in and
servicing of railroad transformers, contain procedures for phasing in a
reduction of the PCB concentration for dielectric fluids used in
railroad transformers. Essentially, the use of greater than 1,000 ppm
PCBs in these transformers was prohibited after July 1, 1986.
Therefore, EPA is proposing to amend paragraph (b)(1) by deleting
paragraphs (b)(1)(i) through (b)(1)(vii) at Sec. 761.30(b)(1) ``Use
restrictions.'' Paragraph (b)(1) would be amended to restrict the use
of PCBs in the dielectric fluids of railroad transformers to <1,000 ppm="" after="" july="" 1,="" 1986="" (as="" is="" currently="" required="" by="" sec.="" 761.30(b)(1)(vi)).="" further,="" epa="" is="" proposing="" to="" delete="" sec.="" 761.30(b)(2)(ii)="" ``servicing="" restrictions.''="" and="" to="" redesignate="" secs.="" 761.30(b)(2)(iii)="" through="" (vii)="" as="" (b)(2)(ii)="" through="" (vi).="" the="" provisions="" at="" sec.="" 761.30(c)="" ``use="" in="" and="" servicing="" of="" mining="" equipment''="" would="" be="" revised="" to="" delete="" the="" conditions="" listed="" at="" paragraphs="" (c)(1)="" through="" (c)(5)="" since="" the="" timeframe="" of="" the="" authorization="" for="" the="" use="" and="" servicing="" of="" mining="" equipment="" containing="" pcbs="" has="" lapsed="" and="" these="" conditions="" are="" no="" longer="" relevant.="" the="" introductory="" paragraph="" for="" sec.="" 761.30(c)="" would="" also="" be="" amended="" to="" delete="" the="" processing="" and="" distribution="" in="" commerce="" servicing="" authorization="" for="" pcbs="" greater="" than="" 50="" ppm="" used="" in="" mining="" equipment="" which="" expired="" on="" january="" 1,="" 1982.="" the="" authorization="" would="" be="" revised="" to="" allow="" servicing="" only="" with="" pcbs="" at="" a="" concentration="" level="" of="" less="" than="" 50="" ppm.="" sections="" 761.30(d)(1)="" through="" (d)(5)="" set="" conditions="" on="" the="" use="" of="" pcbs="" at="" concentrations="" of="" 50="" ppm="" or="" greater="" prior="" to="" july="" 1,="" 1984.="" the="" recordkeeping="" requirement="" under="" paragraph="" (d)(5)="" expired="" on="" july="" 1,="" 1989="" (5="" years="" after="" the="" deadline).="" therefore,="" paragraphs="" (d)(1)="" through="" (d)(5)="" are="" effectively="" obsolete,="" and="" epa="" is="" proposing="" their="" deletion.="" similar="" provisions="" for="" hydraulic="" systems="" under="" sec.="" 761.30(e)(1)="" through="" (e)(5)="" are="" also="" being="" proposed="" for="" removal.="" the="" introductory="" paragraphs="" for="" secs.="" 761.30(d)="" and="" 761.30(e)="" would="" be="" amended="" to="" allow="" heat="" transfer="" or="" hydraulic="" systems="" that="" were="" in="" operation="" after="" july="" 1,="" 1984="" at="" a="" concentration="" level="" of="" less="" than="" 50="" ppm="" pcbs="" to="" be="" serviced="" to="" maintain="" a="" concentration="" level="" of="" less="" than="" 50="" ppm="" pcbs.="" this="" action="" is="" being="" proposed="" so="" that="" heat="" transfer="" and="" hydraulic="" systems="" that="" were="" in="" compliance="" (containing="" less="" than="" 50="" ppm="" pcbs="" in="" their="" fluids)="" could="" be="" serviced="" to="" maintain="" pcb="" levels="" at="" less="" than="" 50="" ppm="" should="" the="" pcb="" levels="" rise="" above="" 50="" ppm="" because="" of="" leaching="" from="" the="" systems.="" heat="" transfer="" and="" hydraulic="" systems="" could="" only="" be="" serviced="" with="" fluids="" containing="" pcbs="" at="" less="" than="" 50="" ppm.="" t.="" chart="" of="" marking="" and="" recordkeeping="" requirements="" the="" following="" chart="" has="" been="" prepared="" to="" help="" clarify="" the="" marking="" and="" recordkeeping="" provisions="" discussed="" in="" this="" proposed="" rule.="" it="" summarizes="" the="" marking="" and="" recordkeeping="" provisions="" as="" they="" exist="" now="" under="" 40="" cfr="" part="" 761,="" as="" well="" as="" the="" proposed="" changes="" discussed="" above="" in="" unit="" iii="" of="" this="" preamble.="" table="" 1.--pcb="" marking="" and="" recordkeeping="" requirements="" ----------------------------------------------------------------------------------------------------------------="" existing="" disposal="" and="" regulated="" items="" existing="" marking="" existing="" in-service="" storage-for-disposal="" proposed="" changes="" requirements="" records\1\="" records\1\="" resulting="" from="" rule="" ----------------------------------------------------------------------------------------------------------------="" pcb="" containers.......="" ml="" on="" item,="" ml="" on="" total="" kg="" weight="" of="" date="" container,="" mark="" transport="" transport="" vehicle="" if="" all="" containers,="" serial="" or="" i.d.="" no,="" vehicle="" carrying="" carrying="" 45="" kg="" or="" description="" of="" kg="" weight="" of="" each,="" over="" 45="" kg="" liquid="" more="" liquid="" pcbs="" contents="" description="" of="" or="" solids="" contents,="" dates="" of="" removal;="" transport;="" and="" disposal,="" total="" no.="" &="" kg="" weight="" pcb="" article="" ml="" on="" item="" total="" kg="" weight="" of="" serial="" or="" i.d.="" no.,="" date="" article="" containers.="" all="" containers,="" kg="" weight="" of="" each,="" container="" description="" of="" description="" of="" contents="" contents,="" dates="" of="" removal;="" transport;="" and="" disposal,="" total="" no.="" &="" kg="" weight="" pcb="" transformers.....="" ml="" on="" item,="" ml="" on="" total="" no.="" of="" units,="" date="" article,="" serial="" record="" of="" sale,="" access="" to="" unit="" total="" kg="" weight,="" or="" i.d.no.,="" kg="" of="" record="" of="" in-="" (doors,="" etc),="" ml="" on="" inspection="" &="" fluid="" in="" each,="" dates="" service="" transport="" vehicle="" maintenance="" records="" of="" removal;="" registration="" with="" transport;="" and="" epa="" disposal,="" total="" no.="" &="" kg="" weight="" pcb="" large="" high="" ml="" on="" unit="" or="" on="" total="" no="" (-protected="" date="" article,="" serial="" record="" of="" sale="" voltage="" (lhv)="" protected="" location="" location="" records="" if="" or="" i.d.="" no.,="" kg="" of="" capacitors.="" applicable)="" fluid="" in="" each,="" dates="" of="" removal;="" transport;="" and="" disposal,="" total="" no.="" &="" kg="" weight="" pcb="" large="" low="" voltage="" ml="" on="" item="" when="" total="" no.="" date="" article,="" serial="" record="" of="" sale,="" in-="" (llv)="" capacitors.="" removed="" from="" use.\2\="" or="" i.d.="" no.kg="" of="" service="" marking="" fluid="" in="" each,="" dates="" of="" removal;="" transport;="" and="" disposal,="" total="" no.="" &="" kg="" weight="" pcb="" small="" capacitors.="" (\2\)="" pcb="" contaminated="" not="" required="" not="" required="" not="" required="" (once="" record="" of="" sale="" electrical="" equipment.="" drained)="" pcb="" equipment="" that="" ml="" on="" item="" when="" records="" required="" for="" records="" required="" for="" in-service="" marking,="" contains="" large="" high="" removed="" from="" use="" or="" lhv="" capacitors="" or="" lhv="" capacitors="" or="" record="" of="" sale="" voltage="" (lhv)="" distributed="" in="" transformers="" transformers="" capacitors="" or="" commerce="" transformers.="" natural="" gas="" pipelines="" ml="" on="" item="" appurtenances="" &="" air="" &="" compressors="">2 ppm). added to definition
Bulk PCB waste....... ML on container Kg weight/quantity &
dates of each batch
in or out. Also
disposition of each
batch out, total Kg
weight
Storage areas........ ML on area Annual records as Maintain inventory
required under Sec. on site, records of
761.180 inspections,
generators must
also file Annual
Reports, records of
attempts to dispose
of within 1-year
Transport vehicles... ML on vehicle if Marking also required
contains PCB if carrying 45 Kg or
transformer(s) or 45 more solid PCBs
kg or more liquid
PCBs
Access to PCB ML or approved mark
Transformers.
PCB motors, hydraulic ML on item Record of sale
and heat-transfer
systems\3\.
Pre-TSCA Uses........ ML in facility,
records of
historical use, air
monitoring, & wipe
sampling
----------------------------------------------------------------------------------------------------------------
\1\ Annual recordkeeping requirements are bolded.
\2\ 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.
\3\ The use of these PCB items is no longer authorized.
IV. Proposed Amendments to the Notification and Manifesting Rule
Since the promulgation of the PCB Notification and Manifesting
(N&M) rule on December 21, 1989 (54 FR 52716) a number of issues have
been raised that were not contemplated when the final rule was being
drafted. Some of these issues were raised by litigants who petitioned
the Agency for review of the rule or by other waste handling
associations. Other items which are being proposed in today's notice
have been previously promulgated under RCRA regulations and seem
appropriate for inclusion in the PCB N&M rule. Some of the issues below
are simply clarifications and are not intended to result in changes to
the codified sections of 40 CFR part 761. EPA is soliciting comments on
the following proposed amendments and clarifications to the PCB N& M
rule.
A. Small Quantity Exemption for Solids
On June 27, 1990 (55 FR 26204), EPA issued a correction to the N&M
rule that among other things sought to clarify the definition of
``Commercial storer of PCB waste'' at Sec. 761.3. The word ``liquid''
was added to the phrase ``exceeds 500 gallons of PCBs'' so that the
phrase now 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 need to seek approval as a commercial storer
of that waste.
In a petition for review of the N&M rule, 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 the definition of commercial storer so that
only storers of liquid PCB wastes at amounts of less than 500 gallons
would qualify. EPA agreed that there were certain classes of businesses
(e.g., companies performing PCB waste treatability studies and
laboratories affiliated with PCB handling companies) that on occasion
may possess relatively small quantities of solid PCB waste generated by
others. Under the current rule, these companies do not qualify for the
exemption for small quantity liquid and, therefore, must apply for
approval as commercial storers of PCB waste.
EPA agreed there may be reasons for establishing a small quantity
exemption for solids to complement the rule's small quantity exemption
for liquids. EPA also indicated to the petitioner that until a formal
amendment to the rule was promulgated, no enforcement action would be
taken against a facility storing small quantities of PCB solids without
a commercial storage approval if the following requirements were met:
(1) Timely notification to EPA of its PCB waste activities.
(2) Storage at no time of more than 70 cubic feet of PCB solid
waste, the approximate volumetric equivalent of 500 gallons.
(3) Compliance with all other applicable requirements as set forth
in TSCA or the PCB rules.
This proposed rule would add 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'' at Sec. 761.3. EPA is soliciting
comments on the appropriateness of this small volume exemption for
solids and in particular, whether 70 cubic feet is an appropriate
cutoff.
Also in the proposed amendment to the definition of commercial
storer at Sec. 761.3, EPA is clarifying a point on the change of
ownership or release of title of PCB waste and how that relates to a
person becoming or not becoming a commercial storer of PCB waste. The
following example illustrates the proposed 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 because the
owner is now a storer of waste generated by someone else. The waste,
along with the facility, is now owned by the purchaser, and the
purchaser is storing its own waste; therefore the purchaser is not a
commercial storer.
B. Clarification of Exception Reporting
EPA is proposing to amend Sec. 761.215(b), (c), and (d), which
discuss the times 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
whenever both of the following occur:
(1) The PCB waste is received on a date more than 9 months from the
date the PCB waste was removed from service for disposal as indicated
on the manifest.
(2) 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 Exception Report when a copy
of the manifest with the hand-written signature of the owner or
operator of the designated facility has not been received 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 both
of the following occur:
(1) The waste was transferred to the disposer within 9 months of
the date of removal from service for disposal as indicated on the
manifest.
(2) The generator or commercial storer has not received within 13
months from the date of removal for disposal a Certificate of Disposal
(CD) or they receive the CD and it indicates that the waste was
disposed of on a date more than 1 year after the date of removal from
service for disposal.
These sections of the regulation do not, however, indicate when the
disposer, commercial storer, or generator has to submit the One-year
Exception Report to the Regional Administrator. EPA is proposing to
amend Secs. 761.215(b), (c), and (d) to require that the disposer,
commercial storer, or generator submit the One-year Exception Report to
the Regional Administrator no later than 30 days from the discovery of
the passage of the regulatory deadlines. EPA solicits comments on the
appropriateness of the proposed 30-day period.
C. Timing for Submission of the Certificate of Disposal
Section 761.218(b) requires that a Certificate of Disposal (CD) be
sent to the generator indicated on the manifest that accompanied the
shipment of PCB waste to the disposal facility within 30 days of the
date that disposal of the PCB waste identified on the manifest was
completed. Section 761.215(d)(2) indicates that one of the occasions
when a generator or commercial storer should submit a One-year
Exception Report to the Regional Administrator is when the CD is not
received from the disposer within 13 months from the date of removal
from service for disposal (DORFSFD).
EPA wishes to clarify 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. Due to
the fact that there may be different disposal dates for different items
on the same manifest, there will also be different CDs associated with
those different disposal dates (unless of course, the entire shipment
listed on the manifest is disposed of before the 1-year anniversary of
the item with the earliest DORFSFD). The generator may either submit
more than one manifest per shipment based on whether or not there are
different DORFSFDs for the items in the shipment or attach a
continuation sheet to reflect the different DORFSFDs. This may be time
consuming initially, but will ensure that the generator receives a
proper CD that identifies the specific PCB Items (noting the
generator's identifying number, if assigned) to close the disposal loop
on the generated waste. EPA wants to make clear that it is not
appropriate to base the disposal of the item on the manifest with the
latest DORFSFD or, correspondingly, to send the CD based on that item.
D. No Manifest for Pre-1978 <50 ppm="" spills="" epa="" proposes="" to="" amend="" sec.="" 761.207(j).="" this="" section="" describes="" what="" wastes,="" based="" on="" pcb="" concentration="" and="" factoring="" in="" whether="" or="" not="" dilution="" has="" occurred,="" are="" subject="" to="" the="" manifesting="" requirements.="" the="" section="" now="" states="" that="" if="" the="" waste="" contains="" less="" than="" 50="" ppm="" pcbs,="" but="" comes="" from="" a="" source="" that="" contained="" greater="" than="" 50="" ppm="" pcbs,="" the="" waste="" 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="" 50="" ppm.="" the="" proposed="" amendment="" at="" sec.="" 761.207(j)="" would="" specify="" that="" there="" is="" 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="" (1)="" the="" material="" ``as="" found''="" is="" below="" the="" regulatory="" threshold="" that="" would="" make="" it="" subject="" to="" the="" disposal="" requirements="" of="" subpart="" d,="" and="" (2)="" the="" original="" spilled="" material="" was="" either="" below="" or="" not="" subject="" to="" the="" disposal="" requirements="" of="" part="" 761,="" subpart="" d="" 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.="" in="" other="" words,="" material="" containing="" pcbs="" that="" has="" been="" decontaminated="" to="" the="" policy="" standards="" to="" a="" level="" below="" 50="" ppm="" would="" not="" be="" treated="" as="" if="" it="" contained="" greater="" than="" 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="" that="" has="" been="" contaminated="" as="" the="" result="" of="" a="" spill="" of="" pcbs="" to="" be="" distributed="" in="" commerce="" if="" the="" material="" is="" decontaminated="" in="" accordance="" with="" the="" applicable="" spill="" cleanup="" policies.="" (see="" 40="" cfr="" 761.20(c)(5).)="" epa="" is="" soliciting="" comments="" on="" the="" proposed="" amendment="" to="" sec.="" 761.207(j)="" to="" make="" it="" clear="" as="" to="" when="" one="" does="" or="" does="" not="" have="" to="" manifest="" pcb="" waste="" material="" that="" is="" less="" than="" 50="" ppm.="" e.="" notification="" by="" transporters="" it="" has="" come="" to="" the="" agency's="" attention="" that="" there="" is="" some="" confusion="" in="" the="" regulated="" community="" as="" to="" whether="" a="" subcontractor="" or="" a="" ``permanently="" leased="" operator''="" can="" use="" the="" epa="" identification="" number="" (epa="" id="" number)="" issued="" to="" an="" unrelated="" company="" that="" has="" notified="" as="" a="" transporter.="" since="" any="" person="" engaged="" in="" the="" transportation="" of="" regulated="" pcb="" waste="" must,="" under="" current="" sec.="" 761.205,="" apply="" for="" and="" receive="" an="" epa="" id="" number,="" a="" ``permanently="" leased="" operator''="" or="" a="" subcontractor="" must="" notify="" separately="" and="" receive="" a="" separate="" and="" distinct="" epa="" id="" number="" to="" transport="" pcb="" waste.="" the="" intent="" of="" the="" pcb="" n&m="" rule="" would="" be="" subverted="" if="" this="" were="" not="" the="" case.="" the="" agency="" would="" have="" no="" record="" of="" who="" was="" doing="" the="" actual="" physical="" transport="" of="" pcb="" waste.="" theoretically,="" a="" company="" could="" apply="" for="" a="" master="" id="" number="" that="" could="" be="" used="" by="" hundreds="" of="" permanently="" leased="" operators="" or="" subcontractors.="" this="" would="" be="" clearly="" contrary="" to="" the="" intent="" of="" the="" n&m="" rule="" which="" is="" to="" have="" a="" record="" of="" each="" pcb="" waste="" handler.="" the="" regulations="" at="" sec.="" 761.3="" define="" a="" ``transporter="" of="" pcb="" waste''="" as="" ``...any="" person="" engaged="" in="" the="" transportation="" of="" regulated="" pcb="" waste="" ...''="" and="" sec.="" 761.205="" requires="" that="" all="" transporters="" notify="" epa="" of="" their="" pcb="" waste="" handling="" activities.="" f.="" renotification="" for="" changes="" in="" facility="" operations="" sections="" 761.202="" and="" 761.205="" discuss="" who="" must="" obtain="" an="" epa="" id="" number="" and="" how="" to="" obtain="" such="" an="" id="" number="" through="" the="" use="" of="" epa="" form="" 7710-53.="" epa="" wishes="" to="" clarify="" 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),="" the="" notifier="" must="" resubmit="" epa="" form="" 7710-3="" to="" reflect="" those="" changes.="" other="" examples="" of="" when="" a="" pcb="" waste="" handler="" must="" renotify="" the="" agency="" include,="" but="" are="" not="" limited="" to,="" when="" the="" company="" stops="" handling="" pcb="" waste="" or="" changes="" the="" facility's="" location.="" indication="" in="" a="" cover="" letter="" or="" on="" the="" form="" itself="" that="" this="" is="" a="" resubmission="" based="" on="" changes="" in="" facility="" operations="" and="" not="" a="" new="" submission="" will="" help="" to="" facilitate="" the="" process.="" epa="" is="" proposing="" to="" add="" this="" requirement="" for="" resubmission="" of="" epa="" form="" 7710-53="" when="" there="" is="" a="" change="" in="" a="" facility's="" status="" to="" new="" sec.="" 761.205(f).="" epa="" is="" proposing="" that="" the="" resubmission="" be="" submitted="" to="" epa="" no="" later="" than="" 5="" work="" days="" after="" the="" change="" was="" made.="" g.="" transfer="" of="" ownership="" of="" commercial="" storage="" facilities="" epa="" is="" proposing="" to="" amend="" sec.="" 761.65="" by="" adding="" a="" new="" paragraph="" (j)="" to="" include="" language="" on="" the="" procedures="" and="" timing="" associated="" with="" the="" transfer="" of="" 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.="" section="" 761.65(d)(3)="" describes="" the="" information="" that="" must="" be="" included="" 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="" with="" interim="" status="" or="" final="" approval="" to="" operate="" (as="" is="" the="" case="" under="" the="" regulation="" implementing="" rcra="" at="" 40="" cfr="" 270.72(a)(4)).="" the="" agency="" is="" soliciting="" comments="" on="" the="" following="" proposed="" procedure="" as="" a="" way="" to="" address="" the="" issue="" of="" transfer="" of="" ownership="" of="" commercial="" storage="" facilities.="" the="" agency="" would="" recognize="" the="" transfer="" of="" interim="" status="" or="" final="" approval="" for="" commercial="" storage="" facilities="" if="" all="" the="" following="" conditions="" were="" met:="" (1)="" 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.="" (2)="" the="" transferee="" submitted="" a="" new="" and="" complete="" application="" for="" final="" storage="" approval.="" (3)="" any="" significant="" deficiencies="" (e.g.,="" technical="" operations,="" closure="" plans,="" cost="" 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),="" including="" but="" not="" limited="" to,="" a="" demonstration="" that="" the="" applicant="" and="" its="" principal="" and="" key="" employees="" were="" qualified="" to="" engage="" in="" the="" business="" of="" commercial="" storage="" of="" pcb="" waste,="" the="" facility="" had="" the="" capacity="" to="" handle="" the="" pcb="" waste="" estimated="" by="" the="" applicant,="" certification="" of="" compliance="" with="" the="" storage="" facility="" standards="" at="" sec.="" 761.65(b)="" and/or="" (c)(7),="" a="" written="" closure="" plan,="" demonstration="" of="" financial="" responsibility="" for="" closure,="" demonstration="" that="" operation="" of="" the="" facility="" would="" not="" present="" an="" unreasonable="" risk="" of="" injury="" to="" health="" or="" the="" environment,="" and="" the="" environmental="" compliance="" history="" of="" the="" applicant="" and="" its="" principals="" and="" key="" employees.="" 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.="" of="" course,="" epa="" would="" reserve="" the="" right="" to="" deny="" the="" transfer="" of="" the="" interim="" approval="" status="" or="" final="" approval="" if="" upon="" interim="" 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="" such="" a="" transfer="" was="" undertaken="" to="" avoid="" the="" requirement="" of="" seeking="" a="" final="" commercial="" storage="" approval.="" the="" requirements="" proposed="" 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="" of="" ownership="" of="" 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="" the="" transfer="" of="" ownership,="" the="" agency="" also="" solicits="" comments="" on="" whether="" a="" ``new''="" application="" is="" entirely="" necessary.="" if,="" for="" example,="" the="" transferee="" accepted="" the="" contents="" of="" the="" old="" application,="" the="" only="" parts="" of="" the="" application="" 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="" principles="" 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="" both="" the="" transferee="" and="" the="" epa="" time="" and="" money="" and="" ultimately="" facilitate="" the="" transfer="" process.="" h.="" 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.="" the="" agency="" is="" proposing="" 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="" is="" proposing="" to="" add="" sec.="" 761.65(g)(9)="" to="" indicate="" that="" when="" a="" modification="" to="" the="" storage="" facility="" occurs="" that="" warrants="" establishing="" a="" new="" financial="" assurance="" mechanism="" or="" amending="" the="" existing="" financial="" assurance="" mechanism,="" the="" owner="" or="" operator="" shall="" have="" established="" and="" activated="" the="" new="" financial="" assurance="" mechanism="" no="" later="" than="" 30="" days="" after="" the="" regional="" administrator="" (or="" director,="" cmd)="" is="" notified="" of="" the="" completion="" of="" the="" modification="" of="" the="" facility,="" but="" prior="" to="" the="" use="" of="" the="" modified="" portion="" of="" the="" facility.="" in="" addition,="" the="" regional="" administrator="" (or="" director,="" cmd)="" would="" have="" to="" be="" notified="" in="" writing="" no="" later="" than="" 7="" days="" of="" completion="" of="" the="" modification="" to="" the="" facility.="" epa="" is="" also="" soliciting="" comments="" on="" the="" appropriateness="" of="" adding="" those="" requirements="" to="" the="" existing="" language="" at="" sec.="" 761.65(f)(3)="" since="" this="" section="" also="" addresses="" modifications="" (in="" this="" case="" closure)="" rather="" than="" adding="" a="" new="" paragraph="" (g)(9)="" to="" sec.="" 761.65.="" i.="" 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="" shall="" submit="" an="" annual="" report="" to="" the="" regional="" administrator="" of="" the="" epa="" region="" in="" which="" the="" facility="" is="" located="" by="" july="" 15="" of="" each="" year,="" that="" briefly="" summarizes="" the="" records="" and="" annual="" document="" log="" required="" to="" be="" maintained="" and="" prepared="" under="" paragraphs="" (b)(1)="" and="" (b)(2)="" of="" that="" section.="" sections="" 761.180(b)(1)="" and="" (b)(2)="" are="" recordkeeping="" requirements="" including="" information="" obtained="" from="" manifests="" that="" are="" generated="" or="" received="" by="" the="" facility.="" if="" a="" disposal="" facility="" disposed="" of="" only="" its="" own="" waste="" and,="" therefore,="" never="" received="" or="" generated="" a="" manifest,="" it="" would="" still="" have="" to="" prepare="" an="" annual="" document="" log="" as="" per="" the="" requirements="" at="" sec.="" 761.180(b)(2)(iii).="" however,="" the="" annual="" report="" requirements="" of="" sec.="" 761.180(b)(3)="" should="" not="" be="" misinterpreted="" as="" not="" applying="" to="" such="" a="" facility="" simply="" because="" they="" do="" not="" receive="" or="" generate="" manifests.="" it="" was="" not="" the="" intent="" of="" the="" agency="" to="" exclude="" disposers="" of="" pcb="" waste="" as="" defined="" at="" sec.="" 761.3="" who="" dispose="" of="" their="" own="" waste="" from="" the="" requirement="" to="" submit="" an="" annual="" report.="" to="" remedy="" this="" discrepancy,="" epa="" is="" proposing="" amendments="" to="" sec.="" 761.180(b)(3)="" that="" would="" state="" that="" a="" disposer's="" obligation="" to="" submit="" an="" annual="" report="" is="" based="" on="" the="" act="" of="" disposing="" of="" pcb="" waste="" material="" and="" not="" necessarily="" whether="" or="" not="" manifests="" were="" received="" or="" generated="" at="" the="" facility.="" this="" should="" clarify="" epa's="" intent="" on="" receiving="" annual="" reports="" from="" all="" disposers="" of="" pcb="" waste,="" including="" those="" disposing="" of="" their="" own="" waste.="" j.="" financial="" assurance="" mechanism:="" non-parent="" corporate="" guarantee="" epa="" is="" proposing="" to="" reference="" 40="" cfr="" 264.143(f)(10)="" of="" the="" regulations="" implementing="" rcra="" (final="" rule="" september="" 16,="" 1992,="" 57="" fr="" 42832)="" to="" add="" an="" additional="" financial="" assurance="" mechanism="" for="" closure="" of="" pcb="" commercial="" storage="" facilities.="" this="" mechanism="" allows="" for="" the="" corporate="" guarantor="" to="" also="" be="" a="" firm="" with="" a="" ``substantial="" business="" relationship''="" (as="" in="" rcra="" subtitle="" c)="" with="" the="" owner="" or="" operator="" of="" the="" commercial="" storage="" facility.="" this="" additional="" financial="" mechanism="" would="" be="" added="" to="" sec.="" 761.65(g)="" by="" adding="" it="" as="" paragraph="" (g)(7)="" and="" redesignating="" existing="" paragraph="" (g)(7)="" as="" paragraph="" (g)(8).="" k.="" notification="" and="" manifesting="" of="" samples="" 1.="" general.="" the="" pcb="" n&m="" rule="" requires="" that="" generators="" prepare="" (sec.="" 761.207(a))="" and="" transporters="" sign="" and="" date="" (sec.="" 761.208(b)(2))="" a="" manifest="" for="" each="" shipment="" of="" pcb="" waste.="" the="" rule="" exempts="" ``laboratory="" samples''="" from="" the="" manifesting="" requirements="" when="" the="" samples="" are,="" among="" other="" things,="" ``being="" transported="" to="" a="" laboratory="" for="" purposes="" of="" testing''="" (sec.="" 761.65(i)(2)).="" the="" agency's="" policy="" is="" that="" media="" containing="" pcbs="" at="">50 ppm which are being sent to validate PCB
disposal methods are not subject to the manifesting requirements of
Sec. 761.207 and Sec. 761.208.
Unlike the requirements promulgated for hazardous wastes under RCRA
at 40 CFR 261.4, the final PCB N&M rule did not include an exemption
from the manifesting requirements for treatability study samples. While
the N&M rule adopted almost verbatim 40 CFR 261.4(d) regarding
laboratory samples, it did not incorporate 40 CFR 261.4(e) regarding
treatability study samples. Accordingly, at this time, the exemption
applies only to PCB samples sent to a laboratory to determine
concentration.
Under the existing TSCA requirements, the treatability medium is
not an exempt ``laboratory sample'' for two reasons. First, the medium
is not being transported ``for the purposes of testing''. The preamble
to the N&M Rule strongly suggests that ``for purposes of testing''
means analysis to determine the sample's concentration (e.g., is it
50 ppm?). As the preamble to the N&M rule states, samples
that are sent to a laboratory to determine the PCB concentration are
implicitly authorized for use and not subject to the disposal
requirements until the analysis is complete or use in an enforcement
case has ended. (See 54 FR 52716, 52719 (Unit III.D.), December 21,
1989.) Treatability studies, on the other hand, are in essence small-
scale disposal experiments and not efforts solely to determine PCB
concentration. The concentration of treatability media is already known
to be greater than 50 ppm. The purpose of testing is not to determine
the PCB concentration but to determine whether the disposal method
under review works.
In addition, the preamble makes it clear that to be exempt from the
requirements of the N&M rule, laboratories must be ``independent'' from
any company whose activities involve PCB waste handling, storage,
treatment, and disposal. Where the entities receiving the media
containing PCBs are themselves engaged in treatment and disposal
activities and are affiliated with companies whose other activities
also involve PCBs, they would be unable to satisfy the definition of
``laboratory'' in Sec. 761.3.
2. Definitions. In order to promote regulatory uniformity with the
exemption for treatability study samples under RCRA and to help promote
and facilitate research and development into alternate disposal and
treatment technologies for PCB waste, the Agency is proposing a new
self-implementing PCB disposal approval at Sec. 761.60(j) for research
and development for PCB disposal of limited quantities of PCBs,
including treatability studies, and to add Sec. 761.80(i) to create a
class exemption for processors and distributors of limited quantities
of media containing PCBs for research and development. This disposal
approval is explained in greater detail in unit II.D.3.j. of the
preamble and the class exemption is explained in greater detail in Unit
III.J. of this preamble. In addition, EPA is proposing to amend
Sec. 761.3 to add the definition of ``Treatability Study'' that would
essentially mirror the existing definition under RCRA at 40 CFR 260.10.
Treatment is a form of disposal under the PCB rules.
L. Clarification of the Term ``Facility''
In today's proposed rule, the Agency is soliciting comments on the
need to clarify the terms ``facility'' and ``facilities''. The term is
used in different contexts throughout the regulatory text of 40 CFR
part 761. The impetus for the Agency raising this need for a
clarification of the term arose after reviewing a section of preamble
language in the PCB Notification and Manifesting rule (54 FR 52716). In
the preamble on page 52722, column 2, the 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; in the first case to mean a particular building,
structure, cell, or unit, and in the second instance, all structures on
contiguous land or specified piece of property. As a matter of record,
it was not the Agency's intent to require notification for each storage
unit on the contiguous piece of property, which would result in
multiple, individual identification numbers for that property. The
facility, regardless of the number of storage areas or units on the
piece of property, need only notify once for that contiguous piece of
property. Therefore, in this instance, the term facility means, all
contiguous land and structures used for the storage of PCB waste.
There are, however, other sections of the PCB regulations where the
term facility means an individual unit or structure; most notably at
Sec. 761.65(b)(1). Here the regulation 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 the Agency is not referring to a contiguous piece of property but
to an individual structure or unit.
In the vast majority of cases in 40 CFR part 761, the term facility
refers to the contiguous piece of property including the structures or
individual storage or disposal units on that property. There are,
however, 10 or so citations in the PCB regulations where the term
facility refers only to the individual unit or structure. It is these
10 places in the regulation where EPA is proposing 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). The
Agency solicits comments on the most appropriate term to convey this
meaning. For purposes of this proposed rule, the term ``unit'' will be
used to indicate this change in the proposed regulatory text.
In addition, the Agency welcomes comments if it has inadvertently
omitted a section or sections of the regulations where the term
facility should be deleted and the term ``unit'' inserted or for that
matter made a change where one was not appropriate.
V. Confidentiality
All comments will be placed in the public record unless the
commenter claims that they contain confidential business information
(CBI) and the comments are clearly labeled as containing information
claimed as CBI at the time of submission. Because of the need to
expedite the review of any CBI claims, each claim must be accompanied
by detailed comments substantiating the claim as described in 40 CFR
2.204(e)(4). While a part of the public record, comments claimed as CBI
will be treated in accordance with 40 CFR part 2. A sanitized version
of all comments subject to CBI claims must be submitted to EPA for the
public record by the close of the comment period.
It is the responsibility of the commenter to comply with 40 CFR
part 2 so that all materials claimed as confidential may be properly
protected. This includes, but is not limited to, clearly indicating on
the face of the comment (as well as on any associated correspondence)
that information claimed to be CBI is included, or marking
``CONFIDENTIAL,'' ``TSCA CBI,'' or a similar designation on the face of
each document or attachment in the comment which contains the claimed
CBI. EPA considers the failure to clearly identify the claimed
confidential status on the face of the comment or attachment as a
waiver of any such claim and will make such information available to
the public without further notice to the commentor.
VI. Official Rulemaking Record
In accordance with the requirements of section 19(a)(3) of TSCA,
EPA is issuing the following list of documents, which constitutes the
record of this proposed rulemaking. The official records of previous
PCB rulemakings are incorporated as they exist in the TSCA Public
Docket. This record includes basic information considered by the Agency
in developing this proposal. A full list of these materials is
available for inspection and copying in the TSCA Nonconfidential
Information Center from 12 noon to 4 p.m. 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.
A. Previous Rulemaking Records
1. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs); Disposal and Marking Rule,'' Docket No. OPTS-68005, 43 FR 7150,
February 17, 1978.
2. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions Rule, ``44 FR 31514, May 31, 1979.
3. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Process, Distribution in Commerce, and Use
Prohibitions: Use in Electrical Equipment,'' Docket No. OPTS-62015, 47
FR 37342, August 25, 1982.
4. Official Rulemaking Record from ``Toxic Substances Control Act;
Polychlorinated Biphenyls (PCBs); Manufacturing, Processing,
Distribution in Commerce and Use Prohibitions; Response to Individual
and Class Petitions for Exemptions,'' Docket No. OPTS-66008A, 49 FR
28154, July 10, 1984.
5. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions: Exclusions, Exemptions and Use Authorizations,'' Docket
No. OPTS-62032A, 49 FR 28172, July 10, 1984.
6. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs), Manufacturing, Processing, and Distribution in Commerce
Exemptions,'' Docket No. OPTS-66008F, 53 FR 32326, August 24, 1988.
7. Official Rulemaking Record from ``Polychlorinated Biphenyls;
Notification and Manifesting for PCB Waste Activities,'' Docket No.
OPTS-62059B, 54 FR 52176, December 21, 1989.
8. Official Rulemaking Record from ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing and Distribution in Commerce
Exemptions,'' Docket No. OPTS-66008G, 55 FR 21023, May 22, 1990.
B. Federal Register Notices
1. USEPA. 42 FR 26564, May 24, 1977, ``Polychlorinated Biphenyls
(PCBs) Toxic Substances Control, Proposed Rule.'' OTS 68005.
2. USEPA. 43 FR 7150, February 17, 1978, ``Polychlorinated
Biphenyls (PCBs); Disposal and Marking: Final Rule.'' OTS 68005.
3. USEPA. 44 FR 31514, May 31, 1979, ``Polychlorinated Biphenyls
(PCBs); Manufacturing Processing, Distribution in Commerce, and Use
Prohibitions: Final Rule.''
4. USEPA. 45 FR 33290, at 33325, May 19, 1980, ``Consolidated
Permit Regulations: RCRA, Hazardous Waste; SDWA Underground Injection
Control; CWA National Pollutant Discharge Elimination System; CWA
Section 404 Dredge or Fill Programs; and CAA Prevention of Significant
Deterioration: Final Rule.''
5. USEPA. 46 FR 22144, April 15, 1981, ``Hazardous Substances:
Notification of Treatment, Storage and Disposal Facilities: Notice of
Availability of Form 8900-1, Interim Interpretative Notice and Policy
Statement.''
6. USEPA. 47 FR 37342, August 25, 1982, ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions: Use in Electrical Equipment: Final Rule.'' OPTS-62115.
7. USEPA. 49 FR 28172, July 10, 1984, ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions: Exclusions, Exemptions, and Use Authorizations: Final
Rule.'' OPTS-62032.
8. USEPA. 49 FR 28154, July 10, 1984, ``Toxic Substances Control
Act; Polychlorinated Biphenyls (PCBs); Manufacturing, Processing,
Distribution in Commerce and Use Prohibitions; Response to Individual
and Class Petitions for Exemptions: Final Rule.'' OPTS-66008A.
9. USEPA. 49 FR 44978, November 13, 1984, ``Hazardous Waste
Management System; Identification and Listing of Hazardous Waste: Final
Rule and Denial of Rulemaking Petition.''
10. USEPA. 52 FR 10688, April 2, 1987, ``Polychlorinated Biphenyls
Spill Cleanup Policy: Final Rule.'' OPTS-62051.
11. USEPA. 53 FR 32326, August 24, 1988, ``Polychlorinated
Biphenyls (PCBs); Manufacturing, Processing and Distribution in
Commerce Exemptions: Proposed Rule.'' OPTS-66008F.
12. USEPA. 54 FR 22524, May 24, 1989, ``Reportable Quantity
Adjustment--Radionuclides: Final Rule.''
13. USEPA. 54 FR 52176, December 21, 1989, ``Polychlorinated
Biphenyls; Notification and Manifesting for PCB Waste Activities: Final
Rule.'' OPTS-62059.
14. USEPA. 55 FR 8666, March 8, 1990, ``National Oil and Hazardous
Substances Pollution Contingency Plan: Final Rule.''
15. USEPA. 55 FR 12866, April 6, 1990, ``Polychlorinated Biphenyls;
Wet Weight/Dry Weight Clarification: Proposed Rule.'' OPTS-62082.
16. USEPA. 55 FR 21023, May 22, 1990, ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing and Distribution in Commerce
Exemptions: Final Rule.'' OPTS 66008G [sic] OPTS 66008H.
17. USEPA. 55 FR 26204, June 27, 1990, ``Polychlorinated Biphenyls
(PCBs); Notification and Manifesting for PCB Wastes Activities;
Correction to Final Rule.'' OPTS 62059.
18. USEPA. 55 FR 30798, July 27, 1990, ``Corrective Action for
Solid Waste Management Units at Hazardous Waste Management Facilities;
Proposed Rule.''
19. USDOT. 55 FR 52402, December 21, 1990, ``Performance-Oriented
Packaging Standards; Changes to Classification, Hazard Communication,
Packaging and Handling Requirements Based on UN Standards and Agency
Initiative: Final Rule.''
20. USEPA. 56 FR 9008, March 4, 1991, ``PCB State Enhancement Grant
Program; Notice of Availability and Review.'' OPTS-280004.
21. USEPA. 56 FR 26738, June 10, 1991, ``Disposal of
Polychlorinated Biphenyls; Advanced Notice of Proposed Rulemaking.''
OPTS-66009.
22. USEPA. 56 FR 26745, June 10, 1991, ``Disposal of
Polychlorinated Biphenyls; Availability of Draft Guidance.'' OPTS-
66010.
23. USEPA. 56 FR 30200, July 1, 1991, ``Standards Applicable to
Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities; Liability Requirements: Final Rule, Technical
Amendment.''
24. USEPA. 57 FR 7349, March 2, 1992, ``Polychlorinated Biphenyls
(PCBs); Manufacturing, Processing and Distribution in Commerce
Exemptions and Use Authorization: Proposed Rule.'' OPTS-66011.
25. USEPA. 57 FR 21450, May 20, 1992, ``Hazardous Waste Management
System; Identification and Listing of Hazardous Waste: Proposed Rule.''
26. USEPA. 57 FR 37194, August 18, 1992, ``Land Disposal
Restrictions for Newly Listed Wastes and Hazardous Debris.''
27. USEPA. 57 FR 42832, September 16, 1992, ``Standards Applicable
to Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities; Financial Responsibility for Third-Party
Liability, Closure, and Post-Closure: Final Rule.''
28. Nuclear Regulatory Commission. 40 FR 19439, May 5, 1975,
``Radioactive Material in Light-Water-Cooled Nuclear Power Reactor
Effluents: Final Rule.''
29. USEPA. 57 FR 20602, May 13, 1992, ``Hazardous Waste Management
System; Notification Concerning the Basel Convention's Potential
Implications for Hazardous Waste Exports and Imports; Notice.''
C. Reference Documents
1. ASTM. Standard Test Method for Analysis of Polychlorinated
Biphenyls in Insulating Liquids by Gas Chromatography. Standard D-
4059-91, (April 1991):12pp.
2. Chemical Waste Management Inc. In the United States Court of
Appeals for the District of Columbia Circuit. Chemical Waste
Management, Inc., Petitioner, v. United States Environmental
Protection Agency, Respondent. Petition for Review under Section 19
of TSCA. Case No. 90-1469, (September 25, 1990):3pp. Submitted by
J.B. Molloy, et al. of Piper Marbury, counsel.
3. Chemical Waste Management. U. S. Court of Appeals, District
of Columbia Circuit. Chemical Waste Management, Inc., Petitioner, v.
U.S. Environmental Protection Agency, Respondent. Motion for
Voluntary Dismissal -- Case No. 90-1469, (March 4, 1991):2pp.
Prepared by J.B. Molloy, et al., of Piper Marbury, counsel.
4. 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.
5. Pepper, Hamilton Scheetz. Letter from W.J. Walsh, Counsel for
Rollins Environmental Services (NJ) Inc., et al. to W.K. Reilly,
Administrator, USEPA. Subject: Transmittal of a TSCA section 21
petition regarding PCB disposal provisions, (February 2, 1990):4pp.
[OPTS Docket 210025]
6. Pepper, Hamilton Scheetz. Petition to Initiate a Proceedings
for a Clarifying Amendment to 40 CFR 761.60 [under Section 21 of
TSCA]. Submitted to the USEPA by W.J. Walsh, counsel for Rollins
Environmental Services (NJ), Inc., et al. (February 2, 1990):40pp.
[OPTS Docket 210025]
7. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third
Edition. SW-846, (November, 1986): Method Number 9095 Paint Filter
Liquids Test (4pp.).
8. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third
Edition. SW-846, (November, 1986): Method 8080 Organochlorine
Pesticides and PCBs (27pp.).
9. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third
Edition. SW-846, (November, 1986): Method 3540 Soxhlet Extraction
(7pp.).
10. U.S. Court of Appeals for the District of Columbia Circuit.
Petition for Review of a Final Decision of the Environmental
Protection Agency. Rollins Environmental Services (NJ) Inc.,
Petitioner v. U.S. Environmental Protection Agency, Respondent, Case
No. 90-1508, (July 5, 1991):5pp.
11. USDOE (Energy). Oak Ridge Incinerator Burn Plans (Material
in Storage for Incineration and Estimates of Annual Waste
Production) for PCB/Radioactive Waste. Oak Ridge Operations Office,
(February 10, 1992):25pp.
12. USEPA, and USDOE (Energy). Compliance Agreement Between the
United States Department of Energy (DOE) and the United States
Environmental Protection Agency (EPA), Toxic Substances Control Act
-- In Re: DOE Facilities: Paducah, KY, Portsmouth, OH, and Oak
Ridge, TN, (February 20, 1992):23pp.
13. 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.
14. 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.
15. USEPA, OPPTS, EED. Note from D. Hannemann to the File,
Subject: PCB Disposal Rule Amendment -- Criticality Meeting with
DOE, [Energy], (June 5, 1992):2pp.
16. USEPA, OSWER, HSCD. A Guide on Remedial Actions at Superfund
Sites with PCB Contamination, Directive: 9355.4-01, (August
1990):136pp and fact sheet (9355.4-01FS).
17. USEPA, OSWER, OERR. Superfund National Results: CERCLIS
Characterization Project. EPA/540/8-91/080, (October 1991):89pp.
18. USEPA, OSWER, OERR. Superfund National Results: NPL
Characterization Project. EPA/540/8-91/069, (October 1991):109pp.
19. USEPA, Region 5. In the Matter of: Standard Scrap Metal
Company, Respondent -- TSCA-V-C-288, Appeal No. 87-4, Final Decision
by R.L. McCallum, Chief Judicial Officer. (August 2, 1990):20pp.
20. USEPA, OPTS. TSCA Compliance Program Policy No. 6-PCB2, -
Distillation, Solvent Extraction, Filtration, and Other Physical
Separation Methods for PCBs, signed by A.E. Conroy, II, Director
Compliance Monitoring Staff, Office of Pesticides and Toxic
Substances, (August 16, 1983):4pp.
21. USEPA, OPTS. Letter from J.A. Moore, Assistant
Administrator, Office of Pesticides and Toxic Substances, to T.K.
Allen, Piper and Marbury, counsel for USWAG. Subject: An
interpretation of the PCB regulations on the disposal of drained
carcasses from mineral oil transformers, (September 9, 1986):4pp.
22. USEPA, OPTS. Letter from L.J. Fisher, Assistant
Administrator, Office of Pesticides and Toxic Substances, to W.J.
Walsh of Pepper, Hamilton Scheetz and W.H. Hyatt of Pitney, Hardin,
Kipp Szuch. Subject: Response to the February 2, 1990 section 21
petition, (June 8, 1990):5pp. [OPTS Docket 210025]
23. USEPA, OPTS. Interim Guidance On Non-Liquid PCB Disposal
Methods to be Used as Alternatives to a 40 CFR 761.75 Chemical Waste
Landfill (CWL), (July 3, 1990):16pp.
24. USEPA, OPTS, EAD. Summary of State PCB Management Programs,
(February, 1991):193pp. Prepared under EPA Contract No. 68-D0-0020
by Abt Associates, Inc.
25. 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.
26. USEPA, OPTS, EED. Memorandum from K.A. Hammerstrom to D.
Keenher, EED. Subject: Exposure to PCBs in recycled pipe, (July 7,
1988):8pp.
27. University of Wisconsin-Madison. Letter via facsimile from
Peter Reinhardt to John Smith, Operations Branch, CMD, OPPTS, USEPA.
Subject: Research in physical chemistry since 1947 using Aroclors as
solvents, (March 22, 1994): 5pp.
28. USEPA, OPPTS, EETD. Costs of Compliance with the Proposed
Amendments to the PCB Regulations (July 14, 1994); 241pp.
29. USEPA, OPTS, EED. Wipe Sampling And Double Wash/Rinse
Cleanup as Recommended by the Environmental Protection Agency PCB
Spill Cleanup Policy, (June 23, 1987, Revised and Clarified on April
18, 1991):22pp. Prepared by J.H. Smith.
30. USEPA, OPTS, EED. Summary of Comments Received in Response
to the Advanced Notice of Proposed Rulemaking for PCB Disposal by
Submitter, Docket number OPTS 66009, Draft, (March 5, 1992):213pp.
Prepared under EPA contract by Versar Inc.,
31. USEPA, OPTS, EED. Summary of Comments Received in Response
to the Advanced Notice of Proposed Rulemaking for PCB Disposal by
Topic Area, Draft. Prepared under EPA contract by Versar Inc.,
(March 5, 1992):179pp.
32. USEPA, OPTS, and USEPA, OCM. Letter from C.L. Elkins,
Director, Office of Toxic Substances, and A.E. Conroy II, Director
of the Office of Compliance Monitoring, to State Colleagues.
Subject: Use of PCB capacitors in household ``white goods'',
(October 20, 1988):3pp.
33. USEPA, OPTS, and USEPA, OCM. Letter from C.L. Elkins,
Director, Office of Toxic Substances and A.E. Conroy, Director,
Office of Compliance Monitoring, to H. Cutler, Institute of Scrap
Recycling Industries, Inc. Subject: Use of PCB capacitors in
household ``white good'', (October 20, 1988):3pp.
34. 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.
35. USEPA, Region VIII. Memo from T.C. Pauling, Toxics Section,
to Tony Baney, Chief, Chemical Regulation Branch, Subject: Follow Up
Documentation for Region VIII Comments on the PCB Disposal
Amendments Draft Proposal (May 27, 1992):8pp.
36. USEPA, Response to Comments on the PCB Wet Weight/Dry Weight
Clarification Proposed Rule, June 1993.
37. ASTM. Letter from Robert L. Meltzer to David Kling, Acting
Director, EAD, OPPT, USEPA. Subject: Use of copyrighted ASTM
standards in EPA regulations, (May 21, 1992): 1p.
38. USEPA, OGC. Letter from Thomas W. Gorman, Patent Counsel, to
Morris Brooke, General Counsel for ASTM. Subject: Use of ASTM
standards in EPA regulations, (November 18, 1992): 2pp.
39. 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.
40. Monsanto, Co. Letter from Gary W. Mappes, Chairman, CMA PCB
Panel, to Tony Baney, Chemical Regulation Branch, EED, OPTS, USEPA.
Subject: SAB report on leachability and ANSI/ANS 16.1 Leachability
Test, (May 19, 1993): 1p.
41. Kelly, Stansfield O'Donnell. Letter from Lloyd W. Landreth
to Tom Simons, Operations Branch, CMD, OPPTS, USEPA. Subject:
Manufacturers' certification of oil-filled equipment, (October 30,
1992): 5pp.
42. Kelly, Stansfield O'Donnell. Letter from Lloyd W. Landreth
to Tom Simons, Operations Branch, CMD, OPPTS, USEPA. Subject:
Follow-up to letter of October 30, 1992, (November 16, 1992): 2pp.
43. General Electric Co. Letter from Marion P. Herrington,
Environmental Compliance Counsel, to Tony Baney, Chemical Regulation
Branch, EED, OPTS, USEPA. Subject: Import of PCB waste from U.S.
territories to the continental U.S., (April 23, 1992): 3pp.
44. USEPA. Letter from Michael J. Walker, OE, and Michael F.
Wood, OCM, to Marion P. Herrington, General Electric Co.. Subject:
Response to April 23, 1992 letter, (August 14, 1992): 2pp.
45. USEPA, OPPTS, OPB. Toxic Characteristic Leaching Procedure
(TCLP) for Galbestos Siding Material (August 16, 1993): 35pp.
Prepared under EPA Contract No. 68-DO-0137 by Midwest Research
Institute.
46. S.D. Myers, Inc. Summary of Results: PCB Levels in Light
Ballast Compound, (August 11, 1993): 31pp.
47. Rollins Environmental Services, Inc.. Analytical Protocol
and Analytical Results from PCB Ballast Study (September 20, 1993):
112 pp.
48. USEPA. Draft Strategy for Combustion of Hazardous Waste,
(May, 1993): 14pp.
49. Hazardous Waste Treatment Council. Petition For Rulemaking
to Amend 40 CFR 761.60 [under section 21 of TSCA]. Submitted to
USEPA by Richard C. Fortuna, Executive Director for the Hazardous
Waste Treatment Council, Franklin D. Sales, President of Salesco
Systems USA, Inc., and Brin McCagg, Vice-President of FulCircle
Ballast Recyclers (December 15, 1992). [OPTS Docket NON1]
50. USEPA, OPPTS. Letter from Victor J. Kimm, Acting Assistant
Administrator, Office of Pesticides and Toxic Substances, to 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.
Subject: Response to the December 15, 1992 section 21 petition,
(March 17, 1993). [OPTS Docket NON1]
51. Salesco Systems, USA, Inc. Letter from Franklin D. Sales,
President of Salesco Systems USA, Inc. to EPA Administrator Carol
Browner. Subject: Petition for Rulemaking to Amend 40 CFR 761.60
[withdrawal of name and support for section 21 petition] (October 8,
1993).
52. USEPA, OPPTS. Letter from Lynn R. Goldman, Assistant
Administrator [signed by Victor J. Kimm] to Franklin D. Sales,
President of Salesco Systems USA, Inc. Subject: Response to the
letter of October 8, 1993, (January 4, 1994).
53. USEPA, Green Lights. Lighting Waste Disposal, EPA's Green
Lights Program, January 1994.
54. DOE Order. Department of Energy Order No. 5480.5 dated 9-23-
86. Subject: Safety of Nuclear Facilities.
55. Legislative History of the Toxic Substances Control Act
Together With A Section-by-Section Index, Prepared by the
Environment and Natural Resources Policy Division of the Library of
Congress for the House Committee on Interstate and Foreign Commerce,
December 1976, pages 616-618.
56. U.S. Bureau of Mines, Mine Safety and Health Administration.
Electrical Accidents in Bituminous Coal Mines, Miners Circular No.
59, May 1959.
57. USEPA, OPTS. Memorandum from John A. Moore, Assistant
Administrator for Pesticides and Toxic Substances, to Gary O'Neal,
Director, Air Toxics Division, EPA Region X. Subject: Disposal
Requirements for PCB Small Capacitors, (March 4, 1985): 8pp.
58. University of Wisconsin-Madison. Letter via facsimile from
Peter Reinhardt to John Smith, Operations Branch, CMD, OPPTS, USEPA.
Subject: Research in physical chemistry since 1947 using Aroclors as
solvents, (March 22, 1994): 5pp.
59. USEPA, OPPTS, EETD. Costs of Compliance with the Proposed
Amendments to the PCB Regulations (July 14, 1994); 241pp.
VI. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the Order defines a ``significant regulatory action'' as an action that
is likely to (1) have an annual effect on the economy of $100 million
or more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities (also
referred to as ``economically significant''); (2) create serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially alter the budgetary impacts of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, OMB determined that
this rule was ``significant'' because of the substantial cost savings
estimated in association with the changes proposed. As such, this rule
was submitted to OMB for review and any changes made in response to OMB
comments are available for review in the docket.
B. Regulatory Flexibility Act
Section 603 of the Regulatory Flexibility Act (15 U.S.C. 8091 et
seq. Pub. L. 96-534. September 19, 1980), requires EPA to prepare and
make available for comment a regulatory flexibility analysis in
connection with rulemaking. The initial regulatory flexibility analysis
must describe the impact of the proposed rule on small business
entities. If, however, a regulation will not have a significant impact
on a substantial number of small entities, no such regulatory impact
analysis is required.
The proposed amendments to the PCB regulations will generate a
variety of regulatory and deregulatory impacts on the diverse entities
and industries affected by PCB handling and disposal requirements. This
section examines the compliance costs and cost savings the regulated
community will experience as a result of the proposed amendments. It
also assesses how the PCB amendments will affect a variety of small
businesses that handle and dispose of PCB Items and PCB wastes.
1. Cost estimation methodology. This section describes compliance
costs and cost savings estimated for each of the proposed revisions to
the PCB regulations. The cost estimates use various economic data
inputs. In several cases, wage rate estimates were used for estimating
the labor costs or cost savings from regulatory changes. The wage rates
are derived from an EPA study and represent standard wage rate
estimates used in OPPT studies. The hourly wage rates used are:
------------------------------------------------------------------------
Wage
rates(hourly)
------------------------------------------------------------------------
Managerial $60.42
Scientific 52.39
Technical/Foreman 43.80
Legal 80.69
Clerical 21.73
------------------------------------------------------------------------
Several additional factors were considered in the cost analysis,
including:
\ Treatment of compliance costs for paragraphs that codify an
existing EPA policy (i.e., elements that are presently in effect but
are not part of the existing regulation).
\ Compliance with the existing and the proposed regulation.
\ Treatment of the effect of the proposed amendments on disposal
capacity and disposal prices.
\ Consideration of the time horizon for compliance costs, given the
declining quantities of PCBs in use.
\ Cost annualization methods.
Each topic is discussed below.
Treatment of costs for provisions that codify EPA policy. In
several instances, an EPA policy has been developed in response to new
information received by EPA or concerns about compliance problems, and
the proposed rule would codify these policies. Because the existing
regulations differ from EPA's policies, two sets of cost estimates were
prepared based on two different baselines. The strict language of the
existing regulations served as the first baseline, which was used to
generate cost estimates for all sections of the proposed regulations.
Actual EPA policy or practice was used as the baseline for 29
provisions of the amendments. In cases where the current EPA policy and
the existing regulations do not differ, a single cost estimate was
prepared and applied in either case.
Compliance with the existing and the proposed regulations. All cost
estimates were prepared assuming full compliance with the existing and
the proposed regulations, although in reality, many companies are not
in full compliance with the existing regulations. This study is
designed only to estimate the costs of the proposed regulations; the
actions necessary to achieve compliance with the existing regulations
are not considered.
Treatment of the effect of the proposed amendments on disposal
capacity and disposal prices. The analysis does not reflect possible
effects of the proposed amendments on either disposal capacity or
disposal costs for PCB wastes. The proposed amendments include several
elements that could reduce demand for disposal of PCB wastes in
chemical landfills, such as allowing for longer storage of some wastes
and for use of alternative disposal technologies. It is reasonable to
anticipate that the availability of alternatives to TSCA permitted
landfills and incinerators will lower costs for disposal at those
facilities. Nevertheless, these market changes were not modeled in this
study.
Consideration of future declines in the volume of PCB waste
requiring disposal. In future years the amount of PCB waste will
decline. Discussions with various industry representatives, however,
indicated that this waste stream still would be substantial for a
number of years. Disposal of PCB-Contaminated soils from remediation
sites, one of the major categories of wastes addressed in the proposed
regulations, is likely to continue for several decades.1 Given
that the time horizon for waste disposal remains so long, a declining
time horizon for compliance costs or cost savings was not taken into
account for this study.
---------------------------------------------------------------------------
\ \The estimated time horion for disposal of PCB wastes from
remediation sites is based on estimates of the time needed for
remediating hazardous waste sites in the Superfund program. EPA
estimated that at the current rate of cleanup, remediation of the
sites on the National Priority List will take 48 more years (U.S.
EPA, 1993).
---------------------------------------------------------------------------
Cost annualization. In several cases, the compliance costs or cost
savings would be incurred solely in the first year after regulatory
implementation. Examples of such regulations include one-time
requirements for the registration of transformers. Since most new
elements create recurring annual costs or cost savings, consistency
required that the one-time elements be annualized. The one-time items
were annualized over 5 years at 3 percent per year (annualization
factor of 0.2184). The 5-year time horizon was chosen as most
appropriate for the administrative and recordkeeping tasks most
numerous among the first-year requirements; a longer annualization
schedule would have suggested long-term investments, such as in durable
assets and equipment; a shorter term annualization schedule would
suggest regulatory requirements that need to be renewed.
2. Aggregate net cost estimates. Table 4-1 of the Regulatory Impact
Analysis developed for this rulemaking presents the aggregate net cost
savings for the PCB regulations under the two baselines. The net cost
impact of the proposed amendments, using either current EPA policy or
the EPA regulation as the baseline, is a cost savings of over $4
billion per year. This figure was based on cost savings of $4.2 billion
to $4.8 billion per year under the alternative baselines, and
compliance costs of $11.6 million. As noted in the previous section,
these cost savings would likely extend indefinitely into the future.
The difference between the two baselines occurs because current EPA
policy took into account exceptional compliance difficulties that arose
when previously unknown sources of PCB contamination were discovered. A
strict interpretation of the existing PCB regulations in these areas
would have generated large compliance costs for various users of PCBs.
The specific areas of additional compliance costs (i.e.,
incremental to baseline conditions) and cost savings are discussed
below.
a. Areas of additional cost. The total incremental costs for new
compliance requirements in the proposed regulations were estimated to
be $11.6 million. This estimate does not include certain cost items
that are included in paragraphs that show a net cost savings. The
effect of these additional items on the total compliance costs,
however, is quite modest. The compliance cost estimate is the same for
either baseline since the existing regulatory environment does not
influence the cost of new requirements. Table 4-2 of the Regulatory
Impact Analysis developed for this rulemaking lists the sections of the
proposed regulation that will lead to additional costs.
Six provisions of the proposed regulations describe new
recordkeeping or reporting requirements for facilities with PCB
equipment or wastes. The two most costly of these requirements are
under Sec. 761.180(a)(1)(iii) and (iv), which require recordkeeping and
the preparation of an inventory of PCB equipment. These two sections
would generate estimated annual compliance costs of $3,771,180.
Another major cost increment would be generated by
Sec. 761.60(b)(6)(ii), the disposal of drained PCB Articles. While the
existing policy did not regulate the disposal of these articles, the
proposed regulations specify acceptable disposal means. The total
additional costs are estimated to be $3.5 million, generated primarily
by greater costs for disposing of PCB-Contaminated Transformers. Most
transformers now are disposed of via industrial furnace, but certain of
these facilities would not meet the furnace standards specified in
proposed Sec. 761.60(a)(4), and the furnaces no longer would be able to
accept this equipment. It is likely that most of these PCB Articles
would be incinerated or placed in chemical waste landfills.
Costs of $1.3 million and $1.1 million per year were estimated for
Sec. 761.40(k) and Sec. 761.30(a)(1)(vii), which cover the marking of
PCB Large Low-Voltage Capacitors and Transformers and the registration
with EPA of PCB Transformers in use, respectively. Many facilities are
estimated to require 4 hours or more to locate, mark, and register
these items. Similarly, the transformer registration requirement would
require electric utilities and a variety of industrial facilities to
submit information on their PCB Transformers. While this amendment
requires only the submission of information that the firms should have
readily available, a large number of facilities would incur some
expense to register their PCB Transformers.
Other proposed provisions estimated to generate incremental cost
include:
\ Section 761.67(a) limits the storage for reuse of PCB Articles to
less than 3 years and prevents the indefinite storage of equipment.
Incremental costs are estimated to be $0.9 million per year.
\ Sections 761.40(d) and (h) extends marking requirements to cover
transport vehicles carrying non-liquid PCBs. Incremental annual costs
are estimated to be $236,000.
\ Section 761.60(b)(4) specifies the amount of time PCB-
Contaminated Electrical Equipment must be drained and adds language to
indicate appropriate options for the disposal of drained equipment. The
added costs are estimated to be $131,400 per year.
b. Areas of cost savings. Cost savings of $4.2 billion to $4.8
billion per year are estimated using either existing EPA policy or the
existing regulations as the baseline. The areas of estimated cost
savings are summarized in Table 4-3 of the Regulatory Impact Analysis
developed for this rulemaking.
The provision expected to result in the largest cost savings
(estimated at slightly over $4.0 billion per year) is proposed
Sec. 761.61, which covers the disposal of remediation wastes when the
existing EPA regulations are used as the baseline. This section allows
an expanded set of disposal options and simplified administrative
procedures, where the existing regulation allowed only chemical waste
landfilling and incineration. There is, however, uncertainty about the
estimate of the remediation rate (i.e., the amount of waste that is
remediated annually); the variation in the plausible values of this
estimate produces a range for the annual cost savings of $2 billion to
$6 billion.
The disposal of non-remediation waste, covered in proposed
Sec. 761.62, is estimated to generate another large annual cost savings
($150 million per year) compared to either the existing regulations or
EPA policy. The proposed rule establishes disposal options other than
chemical waste landfills or incineration for non-remediation wastes
containing PCBs in concentrations <50 ppm.="" additional="" substantial="" cost="" savings="" of="" the="" pcb="" amendments="" were="" estimated="" at="" $500="" million="" per="" year="" for="" proposed="" sec.="" 761.30(q),="" the="" continued="" use="" of="" pre-tsca="" pcbs.="" the="" proposed="" section="" provides="" that="" pcb="" items="" (such="" as="" hvac="" gaskets,="" plastic,="" plasticizers,="" electric="" cable,="" and="" others)="" would="" be="" authorized="" for="" use="" for="" the="" remainder="" of="" their="" useful="" life,="" whereas="" the="" existing="" regulations="" banned="" the="" use="" of="" these="" items.="" the="" large="" estimated="" savings="" for="" this="" section="" are="" based="" on="" the="" estimates="" of="" the="" number="" of="" buildings="" with="" pcb="" contamination="" for="" which="" continued="" use="" is="" allowed="" under="" the="" regulatory="" amendments.="" the="" number="" of="" these="" locations="" is="" not="" known,="" however,="" and="" thus="" cost="" savings="" can="" only="" be="" roughly="" approximated.="" another="" provision="" that="" would="" result="" in="" cost="" savings="" is="" proposed="" sec.="" 761.60(b)(5),="" which="" covers="" the="" abandonment="" and="" disposal="" of="" pcb-="" contaminated="" natural="" gas="" pipelines.="" an="" annual="" cost="" savings="" of="" close="" to="" $63="" million="" is="" generated="" because="" the="" proposed="" regulations="" would="" allow="" considerably="" greater="" latitude="" in="" dealing="" with="" this="" waste="" stream="" than="" did="" the="" existing="" regulations.="" under="" the="" existing="" regulations,="" all="" pcb-="" contaminated="" natural="" gas="" pipelines="" that="" are="" inaccessible="" for="" characterization="" or="" that="" contain="" pcbs="" in="" concentrations="">500 ppm
require excavation and either incineration or disposal in chemical
waste landfills. Based on existing EPA policies, which are similar to
the proposed regulations, the annual cost savings is much smaller--
$387,310.
Another area of cost savings is estimated for proposed
Sec. 761.60(b)(6)(iii), which identifies disposal options for nonporous
surfaces, including metal ship and submarine hulls and air handling
systems contaminated by PCBs at concentrations <100>g/100
cm2. The existing regulations require these materials to be
disposed of via chemical waste landfill or incineration. The annual
cost savings of this provision is estimated to be $37.5 million, using
either the existing regulations or EPA policy as the baseline.
A cost savings of $10.6 million per year was estimated for
Sec. 761.77, Coordinated Approval, using either the existing
regulations or EPA policy as the baseline. These proposed regulations
would acknowledge permits for PCB facilities (i.e, for land disposal,
incineration, research and development, alternative disposal
technologies, commercial storage, or site remediation) issued under
other State and Federal environmental programs, including RCRA, and
where states classify PCBs as hazardous wastes or regulate PCBs in a
similar fashion to the TSCA regulations.
Additional proposed provisions estimated to generate significant
cost savings include:
\ Section 761.65(c)(1)(iv) allows temporary storage of PCB
containers with liquid PCBs at concentrations 50 ppm,
provided that a Spill Prevention Plan has been prepared. Existing
measures allow temporary storage only when concentrations are 50 ppm up
to 500 ppm. The estimated annual savings is $3.0 million, using either
the existing regulations or EPA policy as the baseline.
\ Section 761.65(a) extends the allowable storage period for PCB
wastes and allows EPA to grant storage time extensions in cases where
the owner has shown due diligence in trying to dispose of wastes. The
estimated savings compared to either the existing regulations or EPA
policy, is $1.1 million per year.
\ Section 761.63 allows the disposal of PCB-containing household
wastes at municipal and industrial landfills. Only a small portion of
household hazardous wastes contain PCBs; they previously were not
addressed in the regulations. The annual savings is estimated to be
$840,000.
\ Section 761.65(c)(6) allows the use of a wider range of DOT
approved containers for storing liquid and non-liquid PCBs, and thereby
avoids the need to revise the PCB regulations after each change to the
DOT regulations. A cost savings of $565,000 per year was estimated for
this provision.
\ Section 761.65(c)(6)(i) acknowledges the special characteristics
of radioactive waste by allowing unique container designs for such
waste and generates an estimated annual cost savings of $132,000,
compared to the existing regulations.
Refer to Table 4-3 of the Regulatory Impact Analysis developed for
this rulemaking for a list of several additional cost savings estimates
related to PCB import, use, storage, and exemption.
3. Regulatory impact on small businesses. The PCB amendments would
affect a variety of small businesses that handle and dispose of PCB
Items and PCB wastes. This section considers the economic impacts on
those businesses and addresses the analytical requirements of the
Regulatory Flexibility Act (RFA). The RFA requires agencies to explore
options for minimizing small business impacts whenever there is a
``significant economic impact on a substantial number of small
entities.'' While this discussion will consider the significance of the
potential impacts, EPA's internal policy is to consider any impacts on
any small entities (U.S. EPA, 1992d).
According to EPA's guidelines, significant impacts are produced if:
\ Annual compliance costs increase the costs of production by more
than 5 percent;
\ Costs of compliance as a percentage of sales are at least 10
percent higher than for large entities;
\ Capital costs represent a significant percentage of the total
capital available; and
\ The regulation is likely to shut down small entities.
a. Economic impacts on small industrial furnace operations. The
small industrial furnace operators handling PCB-Contaminated
transformers would experience negative economic impacts as a result of
the proposed amendments. It was estimated that approximately 100
industrial furnace operations specialize in recovery of transformer
carcasses. Most of the businesses are small, ranging from owner-
operated units with fewer than 10 employees, to larger operations
approaching 100 employees. The major asset for these facilities is
their furnace which, in the case of Aljon-United furnaces, carries a
capital cost of over $100,000.
Through contacts with a selection of operators, their likely
response to the PCB amendments was estimated. In general, firms would
not be likely to invest in the new furnace equipment that would meet
EPA specifications. The new equipment is quite costly and the high
temperatures required would make recovery of the metals impossible. It
was estimated that, on average, these operations derive approximately
15 percent of their inputs from PCB-Contaminated transformers, based on
several contacts with industry personnel. The remainder of their inputs
are non-PCB-Contaminated transformers and other electrical equipment.
There are no financial statistics available through conventional or
other sources of industry data that can provide an overview of the
condition of the metal recovery furnace industry.
Given these characteristics of the affected industrial furnace
operations, the EPA criteria to determine whether the economic impacts
are significant were applied. None of the first three criteria shown
could be evaluated, however, because they all are defined by the size
of the compliance costs incurred. The industrial furnace operators
would not incur direct compliance costs, choosing instead to cease
handling of the PCB-Contaminated transformers. The last criterion asks
whether the small firms will cease operations. Based on discussions
with industry firms, it was estimated that few operations would shut
down. As noted, the affected PCB transformers represent approximately
15 percent of the inputs for metal recovery operations. A corresponding
15 percent decline in profits, while representing a hardship, should
not cause many plant shutdowns. Most likely there would not be many
firms whose inputs, owing to a peculiarity in their sources of supply,
contain a much higher portion of PCB-Contaminated transformers than
other firms. Nevertheless, some firms might experience sharper profit
declines. Also, firms that are currently in poor financial condition
could be weakened further as a result of the amendments and might,
therefore, now face closure. The extent or likelihood of such closures
cannot be estimated, however.
b. Economic impacts on small demolition contractors. Section
761.60(b)(2)(ii) prohibits disposal of more than 24 light ballasts as
municipal solid wastes. Most waste light ballasts are generated during
building demolition operations. Many demolition contractors that handle
the disposal of light ballasts, and their customers, would incur
increased disposal costs due to these regulations.
At present, most PCB light ballasts are disposed of as municipal
solid waste. Demolition contractors, however, would be required to
assemble and transport PCB-containing light ballasts for transportation
to and disposal at a PCB disposal facility. The aggregate economic
impact was estimated for this provision of the regulations at $54
million for disposal of approximately 30 million PCB-containing light
ballasts. This translates to an average incremental cost of
approximately $1.80 per PCB-containing light ballast, covering
transportation and disposal, as derived in the specific cost estimates
for this provision.
The size of the incremental cost incurred on a specific demolition
job would vary directly with the size of the job. Thus, relatively
small demolition jobs (those generating only slightly more than 24 PCB-
containing light ballasts, for example, those with 25 to 50 ballasts)
would incur incremental disposal costs of $45 to $90 (25 to 50 times
$1.80). In contrast, large demolition jobs, with thousands of light
ballasts would incur additional disposal costs of several thousands of
dollars. Thus, the incremental costs are distributed among demolition
jobs according to their size, and the incremental costs would not be
likely to be a large percentage increase in the cost of demolition
jobs.
Demolition contractors do not vary much in their ability to handle
and dispose of PCB-containing light ballasts, so there would not be
much variation in the unit costs of compliance among firms. For
example, virtually all demolition firms would use commercial waste
facilities to dispose of light ballasts. This consistency of impacts
among firms suggests that firms would not be able to compete on their
ability to dispose of PCB wastes, and therefore, would all face similar
cost increases. In competitive markets, where all firms face similar
cost increases, the price of services should increase to cover the
increase in costs. Thus, demolition contractors would be likely to pass
the incremental disposal costs to their customers, new building or land
development companies, and therefore, would be able to mitigate even
minor cost impacts.
The EPA criteria on small business impacts were applied to the case
of demolition contractors. None of the four criteria are satisfied,
however, by the regulatory impacts. Compliance costs are estimated to
be less than 5 percent of the costs of production and less than 10
percent of the cost of sales in all but very exceptional circumstances.
Essentially no capital cost expenditures would be required of the
affected firms. Finally, few operations, if any, would likely fail due
to these regulatory impacts.
c. Economic impacts on other small businesses. Small businesses in
other industries also would be affected by the PCB amendments. These
costs were estimated, however, to be widely distributed among small
firms, and generally would be distributed in proportion to the level of
PCB disposal activities. Also, the aggregate costs of these remaining
items is not very large, and therefore, no significant impacts on small
businesses are forecast.
Among the businesses potentially affected are a small number of
companies that currently have special EPA approvals to decontaminate
various types of PCB-Contaminated equipment, including PCB
Transformers, components of natural gas pipelines, and others. For
these businesses, the proposed amendments might generate additional
competition because many more companies would be able to decontaminate
equipment without needing to obtain special EPA approval. It was
judged, however, that impacts are likely to be modest among such firms.
The companies in question are either confident that their clients would
not be interested in decontaminating their own equipment (due either to
the capital investments required or the relative ease of using outside
contractor personnel for these functions) or the PCB-decontamination
business represented a modest portion of their current operations.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1980. 44 U.S.C. 3501 et seq.
authorizes the Director of the Office of Management and Budget (OMB) to
review certain information collection requests by Federal Agencies. EPA
has determined that the recordkeeping and reporting requirements of
this rule constitute a ``collection of information'' as defined at 44
U.S.C. 3502(4).
The information collection requirements of this proposed rule have
been submitted for approval to the OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. An Information Collection Request document
has been prepared by EPA (ICR No. 1729), and a copy may be obtained
from the Information Policy Branch (2136), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460.
The public burden for this collection of information is estimated
to average anywhere from 140 hours to 1,977 hours per respondent
depending on the PCB activities in which the respondent is engaged.
These estimates include time for reviewing instructions, searching
existing data sources, gathering and maintaining the needed data, and
completing and reviewing the collection of information.
Comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden, should be submitted to the Chief, Information Policy Branch
(2136), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. These comments should also be submitted to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, marked ATTENTION: Desk Officer for EPA. The final
rule will respond to any OMB or public comments on the information
collection requirements contained in this proposal.
Lists of Subjects in 40 CFR Part 761
Environmental protection, Hazardous substances, Labeling,
Polychlorinated biphenyls, Reporting and recordkeeping requirements.
Dated: November 21, 1994.
Carol M. Browner,
Administrator.
Therefore, 40 CFR chapter I, part 761 is proposed to be amended as
follows:
PART 761--[AMENDED]
1. The authority citation for part 761 would continue to read as
follows:
Authority: 15 U.S.C. 2605, 2607, 2611, 2614 and 2616.
2. In Sec. 761.1 by revising paragraph (b) and adding a new
paragraph (g) to read as follows:
Sec. 761.1 Applicability.
* * * * *
(b) 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; contaminated solvents; oils; waste oils; heat
transfer fluids; hydraulic fluids; paints; sludges; slurries;
sediments; dredge spoils; soils; materials contaminated 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. Unless otherwise
noted, references to volumes or weights in this part apply to total
volume or weight of the material containing or contacting PCBs. Most of
the provisions of this part apply to PCBs only if PCBs are present in
concentrations above a specified level. For example, subpart D of this
part applies generally to materials at concentrations of 50 parts per
million (ppm) and above. Also, certain provisions of subpart B of this
part apply to PCBs inadvertently generated in manufacturing processes
at concentrations specified in the definition of ``PCB'' under Sec.
761.3. PCB concentrations for non-liquid PCBs under this part shall be
determined on a dry weight basis according to the definition at
Sec. 761.3. For liquid PCBs as defined in Sec. 761.3, PCB
concentrations shall be determined on a wet weight basis. For samples
containing PCBs and equal to or greater than 0.5 percent non-dissolved
non-liquid materials, the non-dissolved materials shall be separated
and the PCB concentration determined for non-liquid PCBs; the rest of
the sample shall be considered to be liquid PCBs. For multiphasic non-
liquid/liquid or liquid/liquid mixtures, the phases shall be separated
before chemical analysis. Following phase separation, the PCB
concentration in each non-liquid phase shall be determined on a dry
weight basis and the PCB concentration in each liquid phase shall be
determined separately on a wet weight basis. No provision specifying a
PCB concentration may be avoided as a result of any dilution, unless
otherwise specifically provided.
* * * * *
(g) This part shall not apply to any oil-filled equipment
manufactured after July 2, 1979, that has on it a permanent label or
mark affixed by the manufacturer of the equipment indicating that it
contains no PCBs or, in the absence of such a mark, is accompanied by
documentation from the manufacturer certifying, based on test data,
that the oil within the equipment contains no PCBs unless the oil
contained in said equipment has been removed from, added to, or
otherwise serviced with any PCBs; and that has not been serviced with
any PCBs since the equipment was first manufactured.
Sec. 761.3 [Amended]
3. In Sec. 761.3 by amending the definition of ``Qualified
incinerator'' by changing the references to Sec. 761.60(a)(2)(iii)(A)
and Sec. 761.60(a)(2)(iii)(B) to read ``Sec. 761.60(a)(2)(ii)(A)'' and
``Sec. 761.60(a)(2)(ii)(B)'', respectively.
4. In Sec. 761.3 by revising the definitions for ``Capacitor,''
``Commercial storer of PCB waste,'' ``PCB-Contaminated Electrical
Equipment,'' ``PCB Item,'' and ``PCB Transformer''; by removing
``Emergency situation'' and ``Small quantities for research and
development''; and by adding alphabetically definitions for ``Cap,''
``CERCLA,'' ``DOT,'' ``Dry Surface,'' ``Dry weight basis,'' ``High
exposure area,'' ``Household waste,'' ``Industrial furnace,'' ``Liquid
PCBs,'' ``Low exposure areas'', ``Microencapsulation,'' ``Non-liquid
PCBs,'' ``Non-porous surface,'' ``NTIS,'' ``Open burning,'' ``PCB-
Contaminated,'' ``PCB field screening test,'' ``PCB/fissionable
radioactive waste or PCB/radioactive waste,'' ``PCB non-remediation
waste,'' ``PCB remediation waste'', ``Porous surface,'' ``RCRA,''
``Remediation site or site,'' ``Treatability study,'' ``TSCA,'' ``Wet
weight basis,'' and ``Vitrification'' to read as follows:
Sec. 761.3 Definitions.
* * * * *
Cap means, when referring to remediation activities, a uniform
cover of minimum thickness spread over the area where remediation waste
was removed.
Capacitor means a device for accumulating and holding a charge of
electricity and consists of conducting surfaces separated by a
dielectric. A capacitor whose PCB concentration is unknown must be
assumed to contain 500 ppm or greater PCBs, unless it is known from
label or nameplate information, manufacturer's literature (including
documented communications with the manufacturer), or chemical analysis
that the capacitor does not contain PCBs at a concentration of 500 ppm
or greater. Types of capacitors are as follows:
(1) Small capacitor means a capacitor which contains less than 1.36
kg (3 lbs.) of dielectric fluid. The following assumptions may be used
if the actual weight of the dielectric fluid is unknown. A capacitor
whose total volume is less than 1,639 cubic centimeters (100 cubic
inches) may be considered to contain less than 1.36 kgs (3 lbs.) of
dielectric fluid and a capacitor whose total volume is more than 3,278
cubic centimeters (200 cubic inches) must be considered to contain more
than 1.36 kg (3 lbs.) of dielectric fluid. A capacitor whose volume is
between 1,639 and 3,278 cubic centimeters may be considered to contain
less than 1.36 kg (3 lbs.) of dielectric fluid if the total weight of
the capacitor is less than 4.08 kg (9 lbs.).
(2) Large high voltage capacitor means a capacitor which contains
1.36 kg (3 lbs.) or more of dielectric fluid and which operates at
2,000 volts (a.c. or d.c.) or above.
(3) Large low voltage capacitor means a capacitor which contains
1.36 kg (3 lbs.) or more of dielectric fluid and which operates below
2,000 volts (a.c. or d.c.).
CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601-9657 et seq.)
* * * * *
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 and who engages in storage activities involving PCB waste
generated by others, or PCB waste 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. It is
sufficient under this definition that the facility stores PCB waste
generated by others or the facility removed the PCB waste while
servicing equipment owned by others. If a facility's storage of PCB
waste at no time exceeds 500 gallons of liquid or 70 cubic feet of non-
liquid PCBs, the owner or operator is a commercial storer but is not
required to seek EPA approval as a commercial storer of PCB waste.
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 surface (Where is the definition?)
Dry weight basis means reporting chemical analysis results by
excluding the weight of the water in the sample.
* * * * *
High exposure area means a site where PCBs are located and where,
during the use of the area, there is a potential exposure from PCBs to
humans or animal life. High exposure areas include: residential/
commercial areas and non-restricted access areas (as defined in
Sec. 761.123); and non-public areas of public and private facilities
where only authorized employees have routine access.
Household waste means 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 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.
* * * * *
Industrial Furnace means an industrial furnace, enclosed device as
defined in Sec. 260.10 of this chapter, used to dispose of PCBs.
* * * * *
Liquid PCBs means a homogenous flowable material containing PCBs
and no more than 0.5 percent by weight non-dissolved material.
Low exposure areas mean all areas 0.1 kilometer or greater distant
from a residential commercial area (as defined in Sec. 761.123) and
areas other than ``high exposure area'' as defined elsewhere in this
section.
* * * * *
Microencapsulation means the stabilization of debris containing
PCBs with the following reagents such that the leachability of any
associated PCB is reduced to specified levels: Portland cement or lime/
pozzolans (e.g. fly ash and cement kiln dust).
* * * * *
Non-liquid PCBs means 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)).
* * * * *
Non-porous surface means a smooth, unpainted solid surface that
limits penetration of liquid PCBs beyond the immediate surface.
Examples are: smooth uncorroded metal; smooth glass; smooth glazed
ceramics; impermeable polished building stone such as marble or
granite; and high density plastics that do not absorb organic solvents
such as polycarbonates and melamines.
* * * * *
``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, not approved or otherwise allowed under part 761, subpart D
of this part, and without 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-Contaminated means any PCBs at concentrations of 50 parts per
million (ppm) to less than 500 ppm (50 - <500 ppm)="" pcbs.="" in="" the="" event="" that="" no="" pcb="" liquids="" or="" non-liquids="" are="" present="" on="" surfaces="" for="" measurement,="" then="" surfaces="" with="" pcb="" concentrations,="" measured="" by="" a="" standard="" wipe="" test="" as="" defined="" in="" sec.="" 761.123,="" of="" greater="" than="" 10="" micrograms="" per="" 100="" square="" centimeters="" to="" less="" than="" 100="" micrograms="" per="" 100="" square="" centimeters="" (="">10 g - < 100="">g/100cm2),
are defined as PCB-Contaminated.
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
contain 50 ppm or greater PCB, but less than 500 ppm PCB in the
contaminating fluid or greater than 10 micrograms PCB/100 square
centimeters to less than 100 micrograms PCB/100 square centimeters (>10
- <100>g/100cm2) as measured by a standard wipe test (as
defined in Sec. 761.123) of a non-porous surface. This definition
includes:
(1) Mineral oil-filled electrical equipment other than circuit
breakers, and reclosers. Cable whose PCB concentration is unknown must
be assumed to be PCB-Contaminated Electrical Equipment.
(2) Capacitors of unknown PCB concentration are assumed to contain
PCBs at 500 ppm or greater.
* * * * *
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 may not be
limited to, total chlorine colorimetric tests, total chlorine x-ray
fluorescence tests, total chlorine microcoulometric tests, and rapid
immunoassay tests.
PCB/fissionable radioactive waste or PCB/radioactive waste means
PCBs regulated for disposal under subpart D of this part that also
contain fissionable radioactive material or radioactive material
subject to regulation under the Atomic Energy Act of 1954 as amended.
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 non-remediation waste means non-liquid bulk wastes or debris
from the demolition of buildings and other human-created structures
(manufactured, coated, or serviced with PCBs), wastes from the
shredding of automobiles, household and industrial appliances or other
white goods; PCB impregnated electrical, sound deadening, or other
types of insulation and gaskets; and all other PCB Items or PCBs for
which disposal requirements are not otherwise specified in Sec. 761.60,
at any concentration where the concentration at the time of designation
for disposal was greater than or equal to 50 ppm PCBs. PCB non-
remediation waste does not include anything defined as a PCB
remediation waste; manufactured or processed PCB products such as
mineral oil dielectric fluid removed from electrical equipment;
inadvertently generated PCBs in a manufacturing process waste stream;
hydraulic fluids; heat transfer fluids; oils removed from household
appliances/equipment; bulk paint (batched household or commercial
paint); and waste oil. Materials not included in the definition of PCB
non-remediation waste are regulated for disposal in subpart D of this
part.
PCB remediation waste means, but is not limited to, all
environmental media containing PCBs, dredged materials, municipal
sewage treatment sludges, commercial or industrial sludge (contaminated
as the result of a spill of PCBs) located in or removed from any
pollution control device; soil, rags, and other debris generated as a
result of a spill cleanup; and site removal, remediation, or corrective
action wastes in liquid or non-liquid form, at any PCB concentration.
PCB remediation waste includes wastes at any volume or concentration
where the original source was 500 ppm PCB as of April 18,
1978, or 50 ppm PCB as of July 2, 1979, or at any
concentration if the source was not authorized for use under this part.
All PCBs disposed of prior to April 18, 1978 shall be regulated as a
PCB remediation waste under Sec. 761.61. Examples of PCB remediation
waste include, but are not limited to, gravel, sandy soil, clayey soil,
loam soil, other soil types, sediments, commercial or industrial sludge
contaminated with PCBs by a spill, aqueous decantate from an industrial
sludge, settled sediment fines, aqueous decantate from a sediment, oily
soil, porous surfaces, and non-porous surfaces. PCB remediation waste
does not include anything defined as a PCB non-remediation waste;
manufactured or processed PCB products such as mineral oil dielectric
fluid removed from electrical equipment; inadvertently generated PCBs
in a manufacturing process wastestream; hydraulic fluids; heat transfer
fluids; oils removed from household appliance or equipment; bulk paint
(batched household or commercial paint); gasket material; insulation
material, adhesives; scrapped automobile shredder metallic and non-
metallic material; scrapped household appliance shredder metallic and
non-metallic material; plastic items; rubber items; natural gas
pipeline, equipment, and appurtenances; processed fluorescent light
ballasts with capacitors removed or intact; and manufactured PCB Items
(except where a material listed above as an exclusion, is contaminating
the environment). Materials not included in the definition of PCB
Remediation Waste are regulated for disposal in subpart D of this part.
PCB Transformer means any transformer that contains 500 ppm PCBs or
greater. A transformer is a PCB Transformer if: (1) The nameplate
indicates that the transformer contains PCB dielectric fluid; (2) the
owner or operator has any reason to believe that the transformer
contains PCB dielectric fluid; (3) the transformer dielectric fluid has
been tested and found to contain PCBs at 500 ppm or greater; (4) the
transformer does not have a nameplate; (5) records do not exist that
indicate the type of dielectric fluid; (6) records do not exist that
indicate the PCB concentration; or (7) a transformer 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. (See Sec. 761.30(a) and (h) for provisions permitting
reclassification of electrical equipment containing 500 ppm or greater
PCBs to PCB-Contaminated electrical Equipment.)
* * * * *
Porous surface means any surface that allows PCBs to penetrate or
pass into itself including but not limited to painted or coated 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.
* * * * *
RCRA means the Resource Conservation and Recovery Act (40 U.S.C.
6901 et seq.)
* * * * *
Remediation site or 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.
* * * * *
Treatability study means a study in which PCB waste is subjected to
a treatment process to determine:
(1) Whether the waste is amenable to the treatment process.
(2) What pretreatment (if any) is required.
(3) The optimal process conditions needed to achieve the desired
treatment.
(4) The efficiency of a treatment process for the specific type of
waste (i.e., soil, sludge, liquid, etc.).
(5) The characteristics and volumes of residuals from a particular
treatment process. A ``treatability study'' is not a mechanism to
commercially treat or dispose of PCB waste. Treatment is a form of
disposal under this part.
* * * * *
TSCA means the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.)
* * * * *
Wet weight basis means reporting chemical analysis results by
including the weight of all dissolved water in a homogeneous liquid.
* * * * *
Vitrification means to change or to make into glass through heat
fusion.
* * * * *
5. In Sec. 761.19, the table to paragraph (b), in the second
column, by changing the reference to Sec. 761.60(a)(3)(iii)(B)(6) to
read Sec. 761.60(a)(3)(ii)(B)(6) 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, Suite 700, 800 South Capital St., NW.,
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. B-607, NE 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.
* * * * *
6. In 761.20, by revising the section heading, paragraphs (b),
(c)(2), (c)(3) and (c)(5), and by adding new paragraphs (c)(6) and
(c)(7), to read as follows:
Sec. 761.20 Prohibitions and Exceptions.
* * * * *
(b)(1) No person may manufacture PCBs for use within the United
States or manufacture PCBs for export from the United States without an
exemption, except that an exemption is not required for PCBs
manufactured in an excluded manufacturing process as defined in
Sec. 761.3, provided that all applicable conditions of Sec. 761.1(f)
are met.
(2) No person may import PCBs or PCB Items for purposes of disposal
except that:
(i) PCBs at concentrations less than 50 ppm may be imported for
disposal.
(ii) PCBs may be imported from United States territories or
possessions outside the customs territory of the United States into the
customs territory of the United States for disposal.
(iii) PCBs may be imported for disposal pursuant to paragraph
(b)(3) of this section where EPA determines that it is in the interests
of the United States and will not result in unreasonable risk of injury
to health or the environment.
(3) PCBs may be excepted from the prohibition on import for
disposal imposed by paragraph (b)(2) of this section at EPA's
initiative or in response to a petition submitted in accordance with
this paragraph. Any person may file a petition for an exception to the
import prohibition. Petitions shall be submitted to the Director,
Chemical Management Division (7404), 401 M St., SW, Washington, DC
20460. Petitions must be submitted on an individual basis for each
individual subject to the prohibition. Each petition shall contain the
following information:
(i) Name, address, and telephone number of petitioner.
(ii) Description of the import for disposal exception requested,
including items to be imported and disposal method.
(iii) Current locations of PCBs to be imported and of each proposed
disposal site.
(iv) Length of time requested for the exception.
(v) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be imported and disposed of during requested exception
period.
(vi) The basis for the petitioner's contention that an exception
would be in the interests of the United States and would not result in
unreasonable risk of injury to health or the environment. EPA will
review and evaluate petitions and may request further information from
the petitioner to assess the proposed exception adequately. Any
exception granted under this paragraphs shall be subject to the terms
and conditions prescribed by the Agency. EPA reserves the right to
impose limits on the duration of each exception. EPA will inform the
petitioner in writing of its decision. Denial of a petition is a final
agency action.
(4) All PCBs at concentrations greater than 50 ppm imported for
disposal under paragraphs (b)(2) and (b)(4), and all PCBs subject to
Sec. 761.60 of this part and returned for disposal under paragraph
(b)(3) of this section:
(i) Shall be stored and disposed of in a facility which has a PCB
storage or disposal approval issued under TSCA, where the approval has
specific conditions concerning the import, storage, or disposal of
imported PCBs.
(ii) May be decontaminated under Sec. 761.79 provided the imported
PCBs are stored in accordance with the provisions of subparts D, J, and
K of this part, for the commercial storage of PCB wastes.
(5) No person may export PCBs or PCB Items for purposes of disposal
except that:
(i) PCBs at concentrations less than 50 ppm may be exported for
disposal.
(ii) EPA may allow the export for disposal of PCBs at
concentrations of 50 ppm or greater to countries with which the United
States has an international agreement consistent with the international
obligations of the United States relating to transboundary movement of
PCBs and their disposal. Such exports would be allowed on a case-by-
case basis unless EPA has reason to believe that the PCBs in question
will not be properly managed, either at EPA's initiative or in response
to a petition submitted in accordance with this paragraph. Any person
may file a petition. Petitions shall be submitted to the Director,
Chemical Management Division (7404), 401 M St., SW, Washington, DC
20460. Petitions must be submitted on an individual basis for each
generator or individual requesting authority to export PCBs for
disposal. Each petition shall contain the following information:
(A) Name, address, and telephone number of petitioner.
(B) Description of the export for disposal exception requested,
including items to be exported and disposal facility.
(C) Current locations of PCBs to be exported and of each proposed
disposal site.
(D) Length of time requested for the exception.
(E) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be exported and disposed of during requested exception
period.
(F) Documentation of an international agreement between the United
States Government and the government of the receiving country
concerning export of such waste.
(G) Certification by the government of the receiving country to EPA
that it has received accurate and complete information about the waste,
consents to receive it, and has adequate disposal facilities to assure
proper management.
(H) Identification by the exporter of any liquid PCBs or PCB-
containing electrical equipment. EPA will review and evaluate petitions
and may request further information from the petitioner to assess the
proposed exception adequately. Any exception granted under this
subsection shall be subject to the terms and conditions prescribed by
the Agency. EPA reserves the right to impose limits on the duration of
each exception. EPA will inform the petitioner in writing of its
decision. Denial of a petition is a final agency action.
(6) For purposes of this regulation, the following transboundary
shipments will not be considered exports and imports:
(i) PCB wastes generated in the United States, transported through
another country (and any residuals resulting from cleanup of spills of
such wastes in transit), and returned to the United States for
disposal.
(ii) PCBs that were procured domestically by the United States
Government, taken overseas for use by the United States Government, and
that have remained under United States Government control since the
time of procurement (including any residuals resulting from cleanup of
spills of such wastes during use, storage, or in transit).
(c) * * *
(2)(i) Processing activities which are primarily associated with
and facilitate storage or transportation for disposal do not require a
TSCA PCB disposal approval.
(ii) Processing activities which are primarily associated with and
facilitate treatment or land disposal require a TSCA PCB disposal
approval unless they are part of an existing approval or are part of a
self-implementing activity such as Sec. 761.61(a) and Sec. 761.79 or
otherwise specifically allowed under subpart D of this part.
(iii) With the exception of provisions in Sec. 761.60(a)(2) and
(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 included in a TSCA PCB disposal approval or comply with the
requirements of Sec. 761.79.
(iv) The rate of delivering liquids or non-liquids into a PCB
disposal unit shall be part of the conditions of the TSCA PCB disposal
approval for the unit when an approval is required.
(v) PCBs or PCB Items at 50 ppm may be distributed in
commerce for purposes of disposal in accordance with the requirements
of this part.
(3)(i) PCBs or PCB Items at concentrations less than 50 ppm may be
exported for disposal.
(ii) EPA may allow the export for disposal of PCBs at
concentrations of 50 ppm or greater to countries with which the United
States has an agreement under international law concerning export of
such wastes. Such exports would be allowed on a case-by-case basis at
EPA's initiative or in response to a petition submitted in accordance
with this paragraph. Any person may file a petition. Petitions shall be
submitted to the Director, Chemical Management Division (7404), 401 M
St., SW, Washington, DC 20460. Petitions must be submitted on an
individual basis for each generator or individual requesting authority
to export PCBs for disposal. Each petition shall contain the following
information:
(A) Name, address, and telephone number of petitioner.
(B) Description of the export for disposal exception requested,
including items to be exported and disposal facility.
(C) Current locations of PCBs to be exported and of each proposed
disposal site.
(D) Length of time requested for the exception.
(E) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be exported and disposed of during requested exception
period.
(F) Documentation of an agreement in international law between the
U.S. Government and the government of the receiving country concerning
export of such waste.
(G) Certification by the government of the receiving country to EPA
that it has received accurate and complete information about the waste,
consents to receive it, and has adequate disposal facilities.
(H) Identification by the exporter of any liquid PCBs or PCB-
containing electrical equipment. EPA will review and evaluate petitions
and may request further information from the petitioner to assess the
proposed exception adequately. Any exception granted under this section
shall be subject to the terms and conditions prescribed by the Agency.
EPA reserves the right to impose limits on the duration of each
exception. EPA will inform the petitioner in writing of its decision.
Denial of a petition is a final agency action.
* * * * *
(5) Equipment, structures, or other materials that were
contaminated with PCBs because of spills from, or proximity to, a PCB
Item >50 ppm, and which are not otherwise authorized for use or
distribution in commerce under this part, may be distributed in
commerce or used, provided:
(i) These materials were decontaminated in accordance with a PCB
approval under this part, applicable decontamination standards and
procedures in Sec. 761.61(a) or Sec. 761.79, or applicable EPA PCB
spill cleanup policies in effect at the time of the decontamination or,
if not previously decontaminated, at the time of the distribution in
commerce or use, or that now meet a decontamination standard
established in Sec. 761.79.
(ii) These materials shall not be used or reused in association
with food, feed, or drinking water unless otherwise allowed.
(6) Water which contains PCBs and which has been decontaminated to
meet or which meets the standards established in Sec. 761.79(h) may be
distributed in commerce or used, without further restriction, under
this part.
(7) Non-porous surfaces, with no free flowing liquids, which have
come in contact with PCBs and which are contaminated at a concentration
less than 50 ppm, regardless of the original PCB concentration of the
fluid, may be distributed in commerce or reused except in association
with food, feed or drinking water.
(You said that you were adding paragraph (8), Where is paragraph
(8)? )
* * * * *
7. Section 761.30 is amended as follows:
a. 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 (C)(2)(iii) as (a)(1)(iii)(A) and (B),
respectively; by redesignating paragraphs (a)(1)(vii) through
(a)(1)(xv) as paragraphs (a)(1)(viii) through (a)(1)(xvi),
respectively; by adding new paragraph (a)(1)(vii), by revising newly
designated paragraph (a)(1)(xvi) introductory text; and by adding
paragraph (a)(3).
b. Paragraph (b) is amended by revising paragraph (b)(1) to read as
set forth below; 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).
c. By revising paragraphs (c), (d) and (e) and by adding paragraphs
(h)(1)(iii), by revising paragraphs (i) and (j), and by adding
paragraphs (q), (r) and (s). The revisions and additions read as
follows:
Sec. 761.30 Authorizations.
(a) * * *
(1) * * *
(vii)(A) No later than (insert the date 90 days after the effective
date of the final rule) all owners of PCB Transformers (including PCB
Transformers in storage for reuse) must have registered their
transformers with the Environmental Protection Agency, Office of
Enforcement and Compliance Assurance (2245), 401 M St. SW., Washington,
DC 20460. Any PCB Transformer identified or received from another
location after (insert the date 90 days after the effective date of the
final rule) must be registered in writing, with the Environmental
Protection Agency no later than 30 days after identification or receipt
(unless a previous written registration can be demonstrated). The
registration must include:
(1) The location, address and number of PCB Transformers.
(2) The kilograms of PCB liquid in each PCB Transformer.
(3) The name, address, telephone number, and signature of the
owner, operator, or other authorized representative certifying the
accuracy of the information submitted.
(B) A record of the registration for each PCB Transformer at each
location (e.g., a copy of the registration and the return receipt
signed by EPA) must be retained with the records of inspection and
maintenance for each PCB Transformer required under
Sec. 761.30(a)(1)(xii).
(C) The requirements identified in paragraphs (a)(1)(vii)(A) of
this section must be complied with to continue the authorization for
use or reuse of PCB Transformers under Sec. 761.30, pursuant to section
6(e)(2)(B) of TSCA.
(D) All owners or operators of transformers containing PCBs at
50 parts per million (ppm) must comply with any State
transformer registration requirements.
* * * * *
(xvi) In the event a mineral oil transformer or a voltage
regulator, assumed to contain less than 500 ppm of PCBs as provided in
Sec. 761.3, is tested and found to be contaminated at 500 ppm or
greater PCBs, transformers are subject to all the requirements of this
paragraph and voltage regulators are subject to paragraphs
(a)((1)(vii)(A), (B), (C) amd (D) of this section. Voltage regulators
which are marked or otherwise known to contain 500 ppm PCBs or greater
are also subject to the provisions of this paragraph. In addition,
efforts must be initiated immediately to bring the transformer or the
voltage regulator into compliance in accordance with the following
schedule:
* * * * *
(3) State transformer registration requirements. Any State may
require the registration of a transformer containing 50
parts per million PCBs.
(b) * * *
(1) Use restrictions. After July 1, 1986, use of railroad
transformers that contain dielectric fluids with a PCB concentration
greater than 1,000 ppm is prohibited.
(c) Use in and servicing of mining equipment. After January 1,
1982, PCBs may be used in mining equipment only at a concentration
level of less than 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 less
than 50 ppm. Heat transfer systems that were in operation after July 1,
1984 with a concentration level of less than 50 ppm PCBs may be
serviced to maintain a concentration level of less than 50 ppm PCBs.
Heat transfer systems may only be serviced with fluids containing less
than 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 less than 50 ppm.
Hydraulic systems that were in operation after July 1, 1984 with a
concentration level of less than 50 ppm PCBs may be serviced to
maintain a concentration level of less than 50 ppm PCBs. Hydraulic
systems may only be serviced with fluids containing less than 50 ppm
PCBs.
* * * * *
(h) * * *
(1) * * *
(iii) Voltage regulators which contain 500 ppm PCBs are
subject to all provisions of this part which are applicable to PCB
Transformers.
* * * * *
(i) Use in natural gas pipeline systems. Natural gas pipeline
systems include: natural gas pipe, natural gas pipeline appurtenances,
and air compressor systems (including compressors, piping, receiver
tanks, air lines used in instrumentation, and the instrumentation
operated by the air lines). PCBs may be used indefinitely in natural
gas pipeline systems as follows.
(1) PCBs may be used in the compressors, appurtenances, and liquids
of natural gas pipelines at a concentration level of less than 50 ppm.
(2) PCB-Contaminated natural gas pipeline and appurtenances may be
reused in natural gas pipeline systems provided all freeflowing liquids
have been removed. These liquids must be disposed of pursuant to
Sec. 761.60(a)(1) through (a)(3).
(3) Natural gas air compressor systems (air compressor, piping,
receiver tanks, and other pressurized large volume tanks) with surface
contamination at 100 micrograms PCBs or greater per 100 square
centimeters (100 g/100 cm2) may be reused as
natural gas air compressor systems after the equipment has been
decontaminated in accordance with this paragraph. All freeflowing
liquids must be drained from the system at existing drain points (such
as drain plugs, blowdowns, and drips); all liquids and solvents used
during the decontamination process shall be disposed of as
500 ppm PCBs pursuant to the requirements at Sec. 761.79(a).
All carbon filters shall be disposed of as nonliquid PCBs with a
concentration 50 ppm.
(i) For air compressors, piping, and air lines in the air
compressor system: fill these items with clean kerosene (containing
less than 2 ppm PCBs) and decontaminate by using either the following
procedures:
(A) Allow the kerosene to sit for 8 hours, then drain the kerosene
and capture any residual kerosene by circulating the air under positive
pressure, first throughout the system, and finally through a carbon
filter at all points in the system where air is vented to the
atmosphere. The carbon filter shall be of sufficient integrity to
withstand three times the venting air pressure through the filter.
(B) Circulate the kerosene through the air compressors, piping, and
air lines in the air compressor system until the total volume of liquid
circulated (pump rate times the time of pumping) equals ten times the
total volume of the particular article being decontaminated, then drain
the kerosene. Refill the system with clean kerosene and repeat the
circulation and drain process.
(ii) For air receivers and other pressurized large volume tanks,
decontaminate the items by using either of the following procedures:
(A) Fill the tanks with clean kerosene (containing less than 2 ppm
PCBs) and use the procedures for air compressors, piping, and air lines
at either paragraph (i)(3)(i)(A) or (i)(3)(i)(B) of this section.
(B) Rinse the tanks three times, each time with a volume of clean
kerosene equal to or greater than 10 percent of the total internal
volume of the tank. Each of the first two rinses shall be drained
before adding the next successive kerosene rinse solvent. Each rinse
shall either:
(1) Be sprayed under a pressure of at least 100 psi such that the
spray makes at least three passes over the entire internal surface of
the tank; or
(2) Contact, at atmospheric pressure, each part of the surface area
for 1 hour. This may be accomplished by filling the tank, totally
closing the tank, and either:
(i) Rotating the tank continuously such that all interior surfaces
are contacted in a single rotation (calculations used to determine the
total time of rotation and number of rotations shall be recorded and
retained for a period of 3 years after completion of the
decontamination process); or
(ii) Placing the tank in a stationary position and waiting 1 hour
at a sufficient number and configuration of positions so as to cover
the entire interior surface of the tank.
(4) Natural gas air compressor systems may also be decontaminated
in accordance with Sec. 761.79.
(5) This authorization shall also apply to other pipeline and air
compressor systems contaminated with PCBs, with the written consent of
the Regional Administrator for the EPA Region in which it is located.
(6) PCB-Contaminated natural gas pipeline, drained of all free
flowing liquids, may also be used or distributed in commerce for use in
the transport of bulk hydrocarbons, chemicals or petroleum products, as
casing to provide secondary containment under transportation systems,
as industrial structural material (such as fence posts, sign posts or
bridge supports), as temporary flume at construction sites, as
equipment skids, as culverts (less than 80 feet in length) in
intermittent flow situations, for sewage service with written consent
of the Publicly Owned Treatment Works (POTW), for steam service, as
irrigation systems (less than 20 inch diameter) of less than 200 miles
in length, and in totally enclosed compressed air systems.
(j) Limited quantities for research and development. For purposes
of this section, permissible research and development (R&D) activities
include, but are not limited to: the chemical analysis of PCBs for
purposes of determining PCB concentrations; scientific experimentation
on: the physical properties of PCBs, and chemical reactions of PCBs
(other than the evaluation of the disposal or destruction of PCBs), and
the chemical analysis of PCBs; and testing to determine: environmental
transport processes, biochemical transport processes, the effects of
PCBs on the atmospheric environment, aquatic environments, terrestrial
environments, and the health effects of PCBs such as general toxicity,
subchronic toxicity, chronic toxicity, specific organ/tissue toxicity,
neurotoxicity, genetic toxicity, and metabolic products. However, R&D
activities authorized pursuant to this section do not include research
or analysis for the development of any PCB product. In addition, R&D
activities authorized in this section do not include R&D for disposal,
including, but not limited to, demonstrations for PCB disposal
approvals, pre-demonstration tests, testing major modifications to
approved PCB technologies, treatability studies, the development of new
disposal technologies, and research on transformation processes such as
biodegradation. R&D for disposal activities are addressed in
Sec. 761.60(j). The R&D activities conducted under this section are
subject to all other applicable Federal, State, and local laws and
regulations. PCBs may be used for R&D in limited quantities when
originally packaged in hermetically sealed containers of 5 milliliters
or less, or as samples of environmental media in containers larger than
5 milliliters containing PCBs that have been packaged pursuant to
applicable DOT performance standards, in a manner other than a totally
enclosed manner, provided that:
(1) The Regional Administrator for the Region in which the R&D
activity will occur is notified in writing at least 30 days prior to
the commencement of any R&D activity authorized under this section.
Each notification shall identify the person conducting the R&D
activity, the location where the PCB R&D 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 the material
being treated, and an estimate of the duration of the PCB activity.
(2) No more than 100 grams of pure PCBs is used for R&D activities
under this section at a facility annually.
(3) All PCB wastes (e.g., spent laboratory samples, residuals,
unused samples, contaminated media/instrumentation, clothing, etc.) are
stored in compliance with the storage requirements of Sec. 761.65(b).
(4) Manifests are used 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
samples of PCB wastes are returned to the site of generation.
(5) Material limitations for use of PCBs, are set out at paragraph
(j)(1) of this section shall not be exceeded without prior approval
from the Regional Administrator. Requests to exceed the material
limitation for PCBs used in R&D as defined in this section must be
submitted in writing to the Regional Administrator for the Region in
which the R&D will be conducted for approval. Each request must provide
a justification for the additional quantity or concentration needed, as
well as specify the quantity or concentration of PCB material needed,
and the duration of the activity. Any approval will be in writing and
signed by the Regional Administrator. The approval will state all
requirements applicable to the R&D activity.
* * * * *
(q) Pre-TSCA uses of PCBs. Non-liquid materials that contain PCBs
at any concentration (including, but not limited to, gaskets, plastics,
plasticizers, fluorescent light ballast potting material, electrical
cable (except oil-filled cable as described in paragraph (m) of this
section), dried paints, small rubber parts, roofing and siding
materials, insulation, caulking, waterproofing compounds, ceiling tile
coatings, and adhesive tape) in use prior to July 2, 1979, are
authorized for use and distribution in commerce provided they remain
intact and in place in their existing application and location for the
remainder of their useful life, subject to the conditions in paragraph
(q)(1) of this section. Failure to provide documentary evidence that
substantiates the historical use of such PCB materials as required in
paragraph (q)(1)(i)(A) of this section may result in the rejection of
such claims by the Regional Administrator.
(1) Use conditions. (i) The owner or operator of such PCB-
containing material shall:
(A) Provide a written notification by [insert date 30 days from
effective date of the final rule] or within 30 days of discovery, to
the Regional Administrator for the Region in which the material is
located, that a pre-TSCA PCB use has been discovered. Each notification
shall include the location of the material, a description of the use,
an estimate of the amount of material in use (e.g., number, square
footage, pounds), PCB concentration, expected useful life of the
material, condition of the material (e.g., potential for exposure) and
any additional information that may be useful to the Regional
Administrator. Documentary evidence that establishes the historical use
of such materials shall also be included in the notification.
(B) Post the Mark ML, as defined in Sec. 761.45(a), in a prominent
location near the PCB-containing material as a warning of the presence
and location of PCBs.
(C) Make available to any potentially exposed employee or, upon
request, to any other potentially exposed individual, information
concerning the identity of the PCBs and any health risk associated
therewith.
(ii) The PCB-containing material shall remain intact and in place
in its existing application unless it is being removed for disposal.
(iii) Existing uses of such PCB materials exhibiting environmental
releases above 0.001 mg/m3 for a 10-hour workday, 40-hour
workweek, or as measured by workplace air monitoring using National
Institute of Occupational Safety and Health (NIOSH) Method 5503
sampling at a rate of 1 liter per minute for 480 continuous minutes, or
surface levels as measured by a standard wipe test defined in
Sec. 761.123, of exterior accessible areas in excess of 10 micrograms/
100 square centimeters (10 g/100cm2) shall be removed or
contained.
(iv) Air monitoring activities shall be conducted quarterly for the
first year and then annually thereafter, and results recorded until the
material is removed from service. Results indicating PCB levels above
0.001 milligram per cubic meter of air (mg/m3) for a 10-hour
workday, 40-hour workweek shall require containment through either a
modification in the release controls, encapsulation, or the immediate
removal of the PCB material. If encapsulation has been chosen as the
containment option, the sampling and air monitoring procedures shall
also include an inspection for damage to the encapsulation. Any
deterioration of the encapsulation shall be repaired and documented.
(v) Standard wipe sampling (as defined in Sec. 761.123) of exterior
surfaces shall be conducted quarterly for the first year and then
annually thereafter, and the results recorded until the material is
removed from service. Results indicating PCB levels above 10 micrograms
per 100 square centimeter (10 g/100cm2) shall require
containment through either a modification in the release controls,
encapsulation, or the immediate removal of the PCB material. If
encapsulation has been chosen as the containment option, the sampling
and air monitoring procedures shall also include an inspection for
damage to the encapsulation. Any deterioration of the encapsulation
shall be repaired and documented.
(vi) Records of measurements, inspections, and maintenance shall be
maintained for review by Agency officials in a central location for a
period of 3 years after the PCB material has been removed.
(vii) Within 24 hours of a measurement above the levels specified
in paragraphs (q)(1)(iii), (q)(1)(iv), or (q)(1)(v) of this section,
the owner or operator of the PCB-Contaminated item shall:
(A) Provide written notice, either by facsimile machine or
overnight mail delivery service, to the Regional Administrator for the
Region in which the material is located as to the nature and extent of
the migration and the steps that will be taken to remove or contain the
PCBs and ensure compliance.
(B) Initiate action to remove the PCBs or to contain the PCBs by
means of encapsulation (either with an epoxy-based or equivalent paint
or a sealant) or with release controls in which a continual release is
collected in a closed container and displaces only the air in the
container (i.e., leak collection system) to ensure personnel are
protected from dermal and inhalation exposures.
(viii) All PCB materials with a concentration of 50 ppm or greater,
materials that come in contact with 50 ppm or greater PCBs, including
leak collection devices, PCB-containing paint, sealant, or other
encapsulation materials, and materials used during decontamination and
cleanup procedures shall be handled, stored, and disposed of in
accordance with the PCB storage requirements at Sec. 761.65 and the
disposal requirements at Sec. 761.60 or Sec. 761.62.
(2) Non-liquid materials that contain PCBs at any concentration,
that would meet the definition of household waste at Sec. 761.3 when
disposed of, are authorized for continued use and are not subject to
the requirements of paragraph (q)(1) of this section.
(3) Non-liquid materials, other than those authorized for continued
use under paragraph (q)(2) of this section, that contain PCBs at any
concentration, but which leach PCBs at less than 50 micrograms/liter as
measured by the Toxicity Characteristic Leaching Procedure (TCLP), 40
CFR part 261, Appendix II, Method 1311, are authorized for continued
use and are not subject to the use requirements of paragraph (q)(1)
except for paragraphs (q)(1)(i)(B) and (q)(1)(i)(C) of this section.
(r) Use in and servicing of rectifiers. PCBs at any concentration
may be used in rectifiers and may be used for purposes of servicing
this electrical equipment (including rebuilding) for the remainder of
their useful life, subject to the following conditions:
(1) [Reserved]
(2) Servicing conditions. (i) Rectifiers may be serviced (including
rebuilding) only with dielectric fluid containing less than 50 ppm PCB.
(ii) [Reserved]
(s) Use of PCBs in scientific equipment. PCBs at any concentration
may be used in scientific equipment, including but not limited to
oscillatory flow birefringence and viscoelasticity instruments, to
study the physical properties of polymers subject to the following
conditions:
(1) Use conditions. (i) The PCBs must be in use in a specific
scientific instrument as of [insert date of publication of the final
rule].
(ii) A maximum of 100 milliliters is used in a scientific
instrument at any one time.
(2) [Reserved]
8. In Sec. 761.40, by revising paragraph (a)(5), redesignating
paragraphs (b) and (d) as paragraphs (d) and (b), respectively, and by
revising newly designated paragraph (d), paragraphs (e) and (h), and
adding paragraph (k) 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).
* * * * *
(d) As of October 1, 1979, each transport vehicle loaded with PCB
containers that contain more than 45 kg (99.4 lbs.) of PCBs at
concentrations of 50 ppm or greater or with one or more PCB
Transformers shall be marked on each end and each side with mark ML as
described in Sec. 761.45(a).
(e) As of October 1, 1979, applicable PCB Items described 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
mark ML 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 [insert date 180 days after the effective date of the
final rule] the following PCB Items shall be marked with mark ML 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 a fence, then the pole,
structure, or fence shall be marked with mark ML, and a record or
procedure identifying the PCB Capacitors shall be maintained by the
owner or operator at the protected location.
(2) All Equipment not marked under paragraph (a) of this section
containing a PCB Transformer or a PCB Large High or Low Voltage
Capacitor.
Subpart D [Amended]
9. By amending subpart D by removing the ``Note'' appearing just
after the heading for subpart D.
10. Section 761.60 is amended as follows:
a. By adding introductory language to Sec. 761.60.
b. By removing paragraph (a)(2)(ii), redesignating paragraphs
(a)(2)(iii) and (a)(2)(iv) as paragraphs (a)(2)(ii) and (a)(2)(iii),
respectively.
c. By changing the reference in newly designated paragraph
(a)(2)(ii)(C) to paragraph ``(a)(2)(iii)(B)(3)'' to read
``(a)(2)(ii)(B)(3)''.
d. By changing the reference in newly designated paragraph
(a)(2)(ii)(D)(1) to paragraphs ``(a)(2)(A)(6) and (7)'' to read
``(a)(2)(ii)(A)(6) and (a)(2)(ii)(A)(7)''.
e. By changing the reference in newly designated paragraph
(a)(2)(iii) to paragraph ``(a)(2)(iii)'' to read ``(a)(2)(ii)''.
f. By removing paragraph (a)(3)(ii), redesignating paragraphs
(a)(3)(iii) and (a)(3)(iv) as paragraphs (a)(3)(ii) and (a)(3)(iii),
respectively.
g. By changing the reference in newly designated paragraph
(a)(3)(ii)(C) to paragraph ``(a)(3)(iii)(B)'' to read
``(a)(3)(ii)(B)''.
h. By changing the reference in newly designated paragraph
(a)(3)(ii)(D) to paragraph ``(a)(3)(iii)(B)(3)'' to read
``(a)(3)(ii)(B)(3)''.
i. By changing the reference in newly designated paragraph
(a)(3)(ii)(E) to paragraph ``(a)(3)(iii)(C)'' to read
``(a)(3)(ii)(C)''.
j. By changing the reference in newly designated paragraph
(a)(3)(ii)(E)(1) to paragraphs ``(a)(3)(iii)(A)(6) and (7)'' to read
``(a)(3)(ii)(A)(6) and (a)(3)(ii)(A)(7)''.
k. By changing the reference in newly designated paragraph
(a)(3)(ii)(E)(3) to paragraph ``(a)(3)(iii)(B)(6)'' to read
``(a)(3)(ii)(B)(6)''.
l. By changing the reference in newly designated paragraph
(a)(3)(iii) to ``Sec. 761.60(a)(2)(iii)'' to read ``(a)(2)(ii) of this
section''.
m. By revising paragraph (a)(4).
n. By removing paragraph (a)(5).
o. By removing paragraph (a)(6).
p. In paragraph (b) by adding introductory text just after the
italics heading ``PCB Articles'', and by revising paragraphs
(b)(1)(i)(B), (b)(2)(iv) introductory text, (b)(2)(vi), by adding new
paragraphs (b)(2)(vii), by 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) and (b)(6)(iii), and by
revising paragraph (b)(6)(ii).
q. In paragraph (c)(3) by removing the term ``facility'' and
substituting the term ``unit'' in place thereof.
r. By revising paragraph (e).
s. By removing and reserving paragraph (f)(2).
t. By adding paragraphs (g)(1)(iii) and (g)(2)(iii).
u. By revising paragraph (i)(2).
v. By adding paragraph (j).
The revisions and additions read as follows:
Sec. 761.60 Disposal requirements.
PCBs disposed of, placed in a land disposal facility, spilled, or
otherwise released into the environment prior to April 18, 1978, will
be presumed to be disposed of in a manner that does not present a risk
of exposure and, therefore, does not require further disposal action
unless a Regional Administrator makes a finding that such a disposal
prior to April 18, 1978 presents a risk of exposure from PCBs. The
Regional Administrator may then require the submission of an
application for a risk-based disposal approval under Sec. 761.61 or
Sec. 761.62. Liquid PCBs shall not be processed into non-liquid forms
to circumvent the high temperature incineration requirements of
paragraph (a) of this section. Open burning of PCBs is prohibited.
Combustion of PCBs approved under Sec. 761.60(a) or (e), or otherwise
allowed under part 761 is not open burning. When storage is desired
prior to disposal, PCBs at concentrations of 50 ppm or greater shall be
stored in a facility which complies with Sec. 761.65. Except as
authorized in Sec. 761.30 or prohibited in Sec. 761.20, PCB waste must
be disposed of in accordance with the provisions of this subpart. Any
person disposing of PCBs is also responsible for determining and
complying with all other applicable Federal, State, or local laws or
regulations.
(a) * * *
(4) PCB-Contaminated non-liquids may be disposed of in an
industrial furnace.
(i) The industrial furnace must comply with the following operating
parameters and conditions:
(A) The operating temperature of the hearth must be at least
1,000 deg. C (centigrade) at the time it is charged with any PCB-
Contaminated item.
(B) Each charge containing a PCB-Contaminated item must be into
molten metal or a hearth at or above 1,000 deg. C.
(C) Successive charges may not be introduced into the hearth in
less than 15 minute intervals.
(D) There shall be no visible particulate emissions from the stack
during the disposal of a PCB-Contaminated item (as determined by Method
9 in 40 CFR part 60, Appendix A).
(E) There shall be no visible fugitive particulate emissions or
releases of PCBs from the industrial furnace or the building containing
the furnace during the disposal of a PCB-Contaminated item (as
determined by Method 9 in 40 CFR part 60, Appendix A).
(F) The industrial furnace must have an operational device which
accurately measures directly or indirectly, the temperature in the
hearth.
(G) A reading of the temperature in the hearth at the time it is
charged with a PCB-Contaminated item must be taken, recorded and
retained at the facility for 3 years from the date each charge is
introduced.
(H) Industrial furnaces must either have received a final permit
under the RCRA (40 CFR part 266, subpart H and 40 CFR 270.66) or be
operated under a valid State air emissions permit which includes a
standard for PCBs.
(I) Industrial furnaces disposing of PCBs must comply with all
applicable provisions of subparts J and K of this part as well as other
applicable Federal, State, or local laws and regulations.
(ii) In lieu of the requirement in paragraph (a)(4)(i)(H) of this
section, upon written request by the owner or operator of an industrial
furnace, the EPA Regional Administrator, for the Region where the
furnace is located, may make a finding in writing, based on a site-
specific risk assessment, that the industrial furnace 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)(4)(i)(A), (B), (C), (D), (E), (F), and (G) of this
section even though that industrial furnace does not have a RCRA or
State air permit as required by this section. The written request shall
include a site-specific risk assessment.
(iii) PCB liquids greater than or equal to 50 ppm may not be
disposed of in an industrial furnace unless approved or otherwise
allowed, under Sec. 761.60.
(b) PCB Articles. This paragraph does not authorize disposal if
that disposal is otherwise prohibited in Sec. 761.20 or elsewhere in
this part.
(1) * * *
(i) * * *
(B) In a chemical waste landfill which complies with Sec. 761.75;
Provided, That the transformer is first drained, for at least 48
continuous hours, of all free flowing liquid, filled with a solvent,
allowed to stand for at least 18 continuous hours, and then drained
thoroughly. PCB liquids, which include both the dielectric fluid and
solvents used as a flush, that are removed from the transformer shall
be disposed of in accordance with paragraph (a)(1) of this section.
Solvents may include kerosene, xylene, toluene and other solvents in
which PCBs are readily soluble. Precautionary measures should be taken,
however, that the solvent flushing procedure is conducted in accordance
with applicable safety and health standards as required by Federal or
State regulations.
* * * * *
(2) * * *
(iv) Any PCB Small Capacitor owned by any person who manufactures
or at any time manufactured PCB Capacitors or PCB Equipment and
acquired the PCB Capacitor in the course of such manufacturing shall be
placed in a Department of Transportation authorized container and
disposed of in accordance with either of the following:
* * * * *
(vi) Prior to disposal in a Sec. 761.75 chemical waste landfill,
all large PCB capacitors, and all small PCB capacitors described in
paragraph (b)(2)(iv) of this section, shall be placed in a container
meeting DOT packaging specifications. In all cases, interstitial space
in the container shall be filled with sufficient absorbent material
(such as soil) to absorb any liquid PCBs remaining in the capacitors.
(vii) Any person may dispose of less than 25 intact and non-leaking
fluorescent light ballasts containing PCBs within a 1-year time period
starting from the date when the first fluorescent light ballast was
removed in a facility which is permitted, licensed, or registered by a
State to manage municipal or industrial solid waste (excluding thermal
treatment units). Disposal of PCBs as municipal or industrial solid
waste is subject to the CERCLA reportable quantity requirements at 40
CFR 302.6. The disposal of fluorescent light ballasts as PCB Equipment
is subject to the restrictions of paragraph (b)(2)(iv) of this section.
(3) PCB hydraulic machines. PCB hydraulic machines containing PCBs
at concentrations of 50 ppm or greater, such as die casting machines,
may be disposed of in a facility which is permitted, licensed, or
registered by a State to manage municipal or industrial solid waste
(excluding thermal treatment units) or by salvage in an industrial
furnace, as defined in Sec. 761.3, operating in compliance with the
requirements of paragraph (a)(4) of this section, or a disposal
facility approved under this part, provided that the machines are
drained of all free-flowing liquid and the liquid is disposed of in
accordance with the provisions of paragraph (a) of this section. If the
PCB liquid contains 1,000 ppm PCB or greater, then the hydraulic
machine must be flushed prior to disposal with a solvent containing
less than 50 ppm PCB using transformer solvents listed at paragraph
(b)(1)(i)(B) of this section and the solvent must be disposed of in
accordance with paragraph (a) of this section.
(4) PCB-Contaminated Electrical Equipment. All PCB-Contaminated
Electrical Equipment, except capacitors, shall be disposed of by
draining all free flowing liquid from the electrical equipment for a
period of not less than 48 hours and disposing of the drained liquid in
accordance with paragraph (a)(2) or (a)(3) of this section. The drained
PCB-Contaminated Electrical Equipment, including liquid remaining after
draining in accordance with this paragraph, shall be disposed of in a
facility which is permitted, licensed or registered by a State to
manage municipal or industrial solid wastes (excluding thermal
treatment units), an industrial furnace, as defined in Sec. 761.3,
operating in compliance with the requirements of Sec. 761.60(a)(4), or
a disposal facility approved under this part. Capacitors that contain
between 50 ppm and less than 500 ppm PCBs shall be disposed of in an
approved incinerator that complies with Sec. 761.70 or in a chemical
waste landfill that complies with Sec. 761.75 or by an alternate
destruction method approved under paragraph (e) of this section.
(5) Natural gas pipeline containing PCBs. This paragraph provides
for disposal of natural gas pipeline by: abandonment in place or
removal with subsequent action. The PCB concentrations in pipelines
shall be determined by measuring condensate collected at existing
condensate collection/removal points. When no condensate or free-
flowing liquid is present, surface level concentrations shall be
measured. Organic and aqueous condensate liquids shall be separated by
decantation and the components separately analyzed using EPA Method
8080 of SW-846 which is available from NTIS, or equivalent.
(i) Abandonment. Natural gas pipeline containing PCBs may be
abandoned in place under one of the following provisions:
(A) Natural gas pipeline containing PCBs at any concentration, with
no free flowing liquids and having an inside diameter less than or
equal to 4 inches, may be abandoned in the place it was used to
transport natural gas if the pipeline is either:
(1) Sealed closed at each end and the pipe is included in a public
service notification program, such as a ``one-call'' system under 49
CFR 192.614(a) and (b); or
(2) Filled to 50 percent of the volume of the pipe with grout (such
as a hardening slurry consisting of cement, bentonite, or clay) or high
density polyurethane foam, and each end is sealed in place.
(B) PCB-Contaminated natural gas pipeline of any diameter may be
abandoned in the place it was used to transport natural gas if it
contains no free flowing liquids and each end is sealed closed.
(C) Natural gas pipeline of any diameter which contains PCBs may be
abandoned in the place it was used to transport natural gas if:
(1) It contains no free flowing liquids.
(2) The interior surface is cleaned using a single wash of diesel
fuel with a recovery of 95 percent of the volume introduced into the
system for washing and less than 50 ppm PCB in the recovered wash, or
the pipeline is filled to 50 percent of its volume with grout (such as
a hardening slurry consisting of cement, bentonite, or clay) or high
density polyurethane foam.
(3) Each end is sealed closed.
(D) A section of natural gas pipeline containing PCBs at any
concentration, but containing no free flowing liquids and located under
rivers or streams, paved highways, parking lots, sidewalks, permanent
buildings not associated with the pipeline; or under the adjoining
rights-of-way or in rights-of-way shared with municipal drinking water
mains, municipal sewer systems, telephone utilities, or electric
utilities, may be abandoned in the place it was used to transport
natural gas if the section 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.
(ii) Removal with subsequent action. PCB containing natural gas
pipeline, when no longer in use, shall be removed from service and
disposed of under one of the following provisions unless abandoned
under paragraph (b)(5)(i) of this section:
(A) The following classifications of natural gas pipeline
containing no free flowing liquids may be disposed of in a facility
permitted, licensed or registered by a State to manage municipal or
industrial solid waste (excluding thermal treatment units); an
industrial furnace, as defined in Sec. 761.3, and operating in
compliance with the requirements of paragraph (a)(4) of this section;
or a disposal facility approved under this part:
(1) PCB-Contaminated natural gas pipeline where the PCB
concentration was determined prior to or during removal.
(2) Natural gas pipeline containing PCBs at any concentration and
having an inside diameter less than or equal to 4 inches.
(B) Natural gas pipeline containing PCBs at any concentration may
be disposed of under one of the following provisions in addition to the
disposal options in paragraph (b)(5)(i)(A) of this section:
(1) In an incinerator that complies with Sec. 761.70.
(2) In a chemical waste landfill that complies with Sec. 761.75,
provided that all free flowing liquid PCBs have been thoroughly drained
from the pipe.
(3) By an alternate disposal technology approved under paragraph
(e) of this section.
(4) As a PCB non-remediation waste in compliance with Sec. 761.62.
(5) Decontaminated in accordance with the standards and procedures
of Sec. 761.79.
(iii) Characterization of pipe by PCB concentration in condensate.
(A) All PCB containing liquids removed from a segment of natural gas
pipeline must be disposed of in accordance with paragraph (a) of this
section based on their PCB concentration at the time of removal from
the pipe.
(B) For purposes of demonstrating compliance with paragraphs
(b)(5)(i) and (b)(5)(ii) of this section, a segment of natural gas
pipeline must be characterized for PCB contamination by analyzing
liquids found in the segment, or by standard wipe samples according to
Appendix I of this part.
(6) * * *
(ii) PCB-Contaminated Articles must be disposed of by draining all
free flowing liquid, for at least 48 continuous hours, from the
article, disposing of the liquid in accordance with paragraph (a)(2) or
(a)(3) of this section and disposing of the drained PCB-Contaminated
Articles in a facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste (excluding thermal treatment
units), an industrial furnace as defined in Sec. 761.3 operating in
compliance with the requirements of paragraph (a)(4) of this section,
or a disposal facility approved under this part.
(iii) PCB-Contaminated Articles which are not in contact with
liquid PCBs, such as non-porous surfaces including, but not limited to,
ship and submarine hulls, air handling systems and other articles which
can be characterized by a standard wipe test, as defined in
Sec. 761.123, may be disposed of in a facility permitted, licensed or
registered by a State to manage municipal or industrial solid waste
(excluding thermal treatment units), an industrial furnace operating in
compliance with the requirements of paragraph (a)(4) of this section,
or other disposal facility approved under this part. Anyone with access
to, or in direct contact with, surfaces contaminated with PCBs at
levels of 10 to less than 100 micrograms PCB/100 square centimeters
must be protected from dermal exposure to those surfaces.
* * * * *
(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 Sec. 761.70
incinerators or high efficiency boilers as provided in paragraphs
(a)(2)(iii) and (a)(3)(iii) of this section, may submit a written
request to either the Regional Administrator for the Region in which
disposal will take place or the Director, Chemical Management Division
for an exemption from the incineration requirements of Sec. 761.70 or
this paragraph. Requests for approval of alternate methods that will be
operated in more than one Region must be submitted to the Director,
Chemical Management Division except for research and development
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
Regional Administrator. The applicant must show that its 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
other available information, the Regional Administrator or the
Director, Chemical Management 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. 761.60 high efficiency
boiler and will not present an unreasonable risk of injury to health or
the environment. Any approval must be stated in writing and may contain
such conditions and provisions as the Regional Administrator or
Director, Chemical Management Division deems appropriate. The person to
whom such waiver is issued must comply with all limitations contained
in such determination. Written approval to use the alternate method of
destroying PCBs or PCB Items must be obtained from the appropriate EPA
official prior to any use of the method to dispose of PCB waste.
* * * * *
(g) * * *
(1) * * *
(iii) Unless otherwise specified in these rules, the chemical
analysis of PCBs shall be conducted using gas chromatography. There are
several gas chromatographic methods that may be used depending on the
material being analyzed. For that reason, there is no requirement to
use a specific gas chromatography procedure. Applicable procedures
include, but are not limited to, EPA Method 608, ``Organochlorine
Pesticides and PCBs'' at 40 CFR part 136, Appendix A''; EPA Method
8080, ``Organochlorine Pesticides and PCBs'' 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 the American Society for Testing and Materials
(ASTM, 1916 Race Street, Philadelphia, PA 19103).
(2) * * *
(iii) Unless otherwise specified in these rules, the chemical
analysis of PCBs shall be conducted using gas chromatography. There are
several gas chromatographic methods that may be used depending on the
material being analyzed. For that reason, there is no requirement to
use a specific gas chromatography procedure. Applicable procedures
include the procedures 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 less than 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,
Chemical Management Division.
* * * * *
(j) Self-implementing requirements for research and development
(R&D) for PCB disposal. R&D for PCB disposal includes demonstrations
for commercial PCB disposal approvals, pre-demonstration tests, tests
of major modifications to approved PCB disposal technologies,
treatability studies for approved PCB disposal technologies,
development of new disposal technologies, and research on environmental
transformation processes such as biodegradation. R&D for PCB disposal
activities authorized in this section do not include research or
analysis for the development of any PCB product or the R&D activities
authorized in Sec. 761.30(j).
(1) R&D for PCB disposal may be conducted without prior written
approval from EPA if the following conditions are met:
(i) A notification is filed and an EPA identification number is
obtained pursuant to subpart K of this part.
(ii) The EPA Regional Administrator for the Region in which the R&D
for PCB disposal activity will occur is notified in writing 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.
(iii) The amount of material containing PCBs treated annually by
the facility during R&D for PCB disposal activities does not exceed 500
gallons of liquid or 70 cubic feet of 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 shall be
limited to no more than one calendar year.
(vi) All PCB wastes (treated and untreated PCB materials, testing
samples, spent laboratory samples, residuals, untreated samples,
contaminated media or instrumentation, clothing, etc.) shall be stored
in compliance with the storage requirements of Sec. 761.65(b) and shall
be disposed of according to concentration of PCBs prior to treatment.
Only PCB materials not treated in the R&D for PCB disposal activity may
be returned to the site of generation.
(vii) Manifests are used for all R&D PCB wastes being transported
from the R&D for PCB disposal facility to an approved PCB storage or
disposal facility. However, no manifests are required if the residuals
or treated samples are returned to the site of generation.
(viii) All PCB wastes are packaged and shipped pursuant to DOT
requirements.
(ix) All facilities that conduct R&D for PCB disposal must comply
with all applicable requirements of this part, including the
recordkeeping requirements of Sec. 761.180, the storage and disposal
requirements of subpart D of this part.
(x) Material limitations set out in paragraphs (j)(1)(iii) and (iv)
of this section and the time duration limitation set out in paragraph
(j)(1)(v) of this section shall not be exceeded without prior written
approval from EPA. Requests for approval to exceed the material
limitations for PCBs in R&D for PCB disposal activities as defined in
this section must be submitted in writing to the 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 Regional Administrator may require the requestor to obtain
an R&D approval according to the requirements in paragraphs (e) and
(i)(2) of this section, or Secs. 761.70(a) or (b); or the 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
shall be in writing and signed by the Regional Administrator. Approvals
will state all requirements applicable to the R&D for PCB disposal
activity.
(2) At any time the Regional Administrator for the Region in which
an R&D for PCB disposal activity is conducted may make the
determination under this section that a R&D PCB disposal approval under
paragraphs (e) and (i)(2) of this section, or Secs. 761.70(a) or (b) is
required to conduct a specific R&D PCB disposal activity to ensure that
any R&D for PCB disposal activity does not present an unreasonable risk
of injury to health or the environment.
* * * * *
11. 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.
PCB remediation waste shall be removed or otherwise disposed of in
accordance with one of the options in paragraphs (a) through (c) of
this section. Any person disposing of PCBs is also responsible for
determining and complying with all other applicable Federal, State, and
local laws and regulations.
(a) Self-implementing site remediation. Where applicable, the
cleanup and disposal of PCB remediation waste may be conducted in
accordance with the following requirements without a written approval
from EPA.
(1) Applicability. The self-implementing remediation provisions do
not apply to the following:
(i) Spills which result in direct contamination of:
(A) Surface and ground waters.
(B) Sediments in lakes, ponds, rivers, or streams.
(C) Sewers and sewage treatment systems.
(D) Any private or public drinking water sources or distribution
systems.
(E) Grazing lands.
(F) Vegetable gardens.
(G) Areas having human populations (such as residential dwellings,
hospitals, schools, nursing homes, playgrounds, parks, and day care
centers) and animal populations (such as endangered species habitats,
estuaries, wetlands, National Parks, National Wildlife Refuges, and
commercial and sport fisheries) which might have a higher sensitivity
to the toxic effects of PCBs.
(ii) PCBs which migrated to and contaminated any site described in
paragraph (a)(1)(i) of this section prior to completion of the
remediation of the site.
(iii) Any site that:
(A) Appears on the Comprehensive Environmental Response,
Compensation, and Liability Act's (Superfund) National Priorities List
at 40 CFR part 300 Appendix B.
(B) Is currently the subject of a permitting action under Subtitle
C of the Resource Conservation and Recovery Act or approval under this
part, or cleanup conducted under subpart G of this part.
(C) Is currently the subject of any enforcement action under any
statute administered by EPA.
(2) Notification. (i) At least 30 days prior to the date for
beginning the remediation of a site, the person in charge of the
remediation or the owner of the property where the spill is located
shall notify, in writing, the appropriate Regional Administrator, the
appropriate State environmental protection agency, and the appropriate
county or local environmental protection agency where the remediation
will be conducted of:
(A) The nature and extent of the contamination, including kinds of
materials contaminated.
(B) The procedures used to sample contaminated and adjacent areas;
PCB concentrations measured in each sample.
(C) The location and supposed extent of the contaminated area
(including maps); and proposed remediation options for contaminated
materials. Anyone conducting a remediation activity under this section
may obtain a waiver of the 30-day notification requirement. To do so,
they must receive a separate waiver in writing, from each of the three
agencies they are required to notify under this section. The original
written waiver shall be retained as required in paragraph (a)(3) of
this section.
(ii) The owner of the property where the PCB remediation site is
located and the party responsible for field remediation activities:
(A) Both parties shall sign and submit in writing to the Regional
Administrator a certificate stating that they have on file certain
documents including all sampling plans, sample collection procedures,
sample preparation procedures, extraction procedures, and instrumental/
chemical analysis procedures used to assess or characterize the PCB
contamination at the remediation site.
(B) Shall use a sampling frequency for the remediation site
characterization at least as comprehensive as that required in Appendix
II of this part for verifying the completeness of the site remediation.
There are no other requirements for site assessment or site
characterization.
(C) May use PCB field screening tests as defined in Sec. 761.3 for
characterization of PCB remediation waste under the following
conditions. If both of the following requirements cannot be met, PCB
field screening tests shall not be used for purposes of
characterization of PCB remediation wastes through self-implementing
site remediation (paragraph (a) of this section), and, at a minimum,
gas chromatography with an electron capture detector (GC/EC) shall be
used for analyzing for the presence and concentration of PCBs.
(1) A comparison study, using an appropriate gas chromatography
(GC) analytical procedure such as EPA Method 8080 or 8280 to analyze
the PCB remediation wastes, shows that there are no materials present
in the PCB remediation waste which would interfere with the screening
test. (For purposes of this section, interfering with the PCB field
screening test means that for the analysis of at least three samples
having PCB levels greater than 10 ppm, the PCB concentration reported
by the PCB field screening test is no less than 75 percent of the PCB
concentration reported GC method for the same sample.)
(2) At a minimum, 25 percent of all PCB remediation waste samples
taken shall be confirmed by EPA Method 8080 or equivalent. For PCB
field screening tests analyzing fewer than 40 PCB remediation waste
samples, at least 10 confirmation analyses are required. Confirmation
analyses shall be performed on at least one sample from each different
type of PCB remediation waste material (for example: soil, sludge, and/
or sediment) at each site at a facility, even if this means more than
10 analyses.
(3) Recordkeeping. For paragraphs (a)(4) and (5) of this section,
recordkeeping is required in accordance with Sec. 761.125(c)(5).
(4) On-site cleanup and disposal of PCB remediation waste. For
purposes of cleaning or decontaminating PCB remediation waste under
this section there are two general categories of waste: bulk PCB
remediation waste (everything other than non-porous surfaces, such as:
soil, sediments, dredged materials, debris, muds, municipal sludge,
industrial sludge, and porous surfaces) and non-porous surfaces.
Sampling for the verification of the cleanup of the PCB remediation
wastes shall be in accordance with Appendix II of this part. Interim
sampling during on-going cleanup may use PCB screening tests to
determine when to take samples to verify that cleanup is complete.
Requirements for the use of the PCB screening tests for this interim
sampling are the same as for site characterization in paragraphs
(a)(2)(ii)(B) of this section.
(i) High exposure areas-- (A) Bulk PCB remediation waste. The
cleanup level for bulk PCB remediation waste in high exposure areas is
less than or equal to 1 ppm except as otherwise noted below. Cleanup of
bulk PCB remediation waste in high exposure areas shall be accomplished
by one or more of the following:
(1) Remove and dispose of all bulk PCB remediation wastes at
concentrations greater than 1 ppm.
(2) Remove all bulk PCB remediation wastes at concentrations
greater than 10 ppm and place a clean (less than 1 ppm PCBs) soil cover
of a uniform thickness of a minimum of 25 centimeters (10 inches) over
the site where PCBs remain in excess of 1 ppm. A cap of other clean
non-porous material, such as concrete or asphalt at a minimum uniform
thickness of 15 centimeters (6 inches) may be used in place of the
clean soil cover.
(3) (i) Extract PCBs from PCB remediation wastes with a solvent
extraction process where: A non-chlorinated solvent is used; the
solvent extraction process occurs at ambient temperature; the
extraction process is not exothermic; and no external heat is used for
the extraction process.
(ii) The extraction process shall have secondary containment to
prevent any solvent from being released to the underlying or
surrounding soils or surface waters.
(iii) Solvent disposal, recovery, and/or reuse shall be in
accordance with relevant provisions in paragraphs (b)(1) and (c) of
this section and other applicable Federal, State, or local laws or
regulations.
(iv) PCB remediation waste treated using a non-thermal extraction
process according to paragraphs (a)(4)(i)(A)(3)(i) through (iii) of
this section and left on site shall have residual levels of: Less than
or equal to 1 ppm as in paragraph (a)(4)(i)(A)(1) of this section. Less
than or equal to 10 ppm, and a clean (less than 1 ppm PCBs) soil cover
of a minimum uniform thickness of 25 centimeters (10 inches) placed
over the site where PCBs remain in excess of 1 ppm. A cap of other
clean impervious material, such as concrete or asphalt at a minimum
uniform thickness of 15 centimeters (6 inches) may be used in place of
the clean soil cover as in paragraph (a)(4)(i)(A)(2) of this section.
(v) If the treatment process in paragraph (a)(4)(i)(A)(3)(i)
through (a)(4)(i)(A)(3)(iii) of this section does not meet the
measurement-based objectives required in paragraph (a)(4)(i)(A)(1) or
(a)(4)(i)(A)(2) of this section, then the treated material shall be
disposed of based on its existing concentration in accordance with the
disposal requirements of paragraph (b) or paragraph (c) of this
section.
(4)(i) Bulk PCB remediation waste may be microencapsulated or
vitrified on-site. Microencapsulated PCB remediation waste must be
homogenous to the point that it has no free liquid component as
measured by Method 9095 (Paint Filter Liquids Test) as described in SW-
846 ``Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods'' which is available from NTIS.
(ii) The standard for treatment of PCB remediation wastes where the
PCBs have been microencapsulated or vitrified is less than 50
micrograms PCBs per liter as measured by the Toxicity Characteristic
Leaching Procedure (TCLP), 40 CFR part 261, Appendix II, Method 1311.
(iii) Microencapsulated or vitrified PCB remediation waste not
exhibiting the toxicity characteristic (i.e., TCLP concentration less
than 50 g/l PCB) shall be disposed of at an off-site facility
according to paragraph (a)(5)(i)(B)(2) or (3) of this section.
(B) Non-porous surfaces. Non-porous surfaces shall be
decontaminated in accordance with Sec. 761.79.
(ii) Low exposure areas--(A) Bulk PCB remediation waste. The
cleanup level for low exposure areas is less than or equal to 25 ppm
unless otherwise specified in this paragraph. Cleanup of bulk PCB
remediation waste in low exposure areas shall be accomplished by one or
more of the following:
(1) Remove and dispose of all materials at concentrations equal to
or greater than 25 ppm PCB.
(2) Remove and dispose of all materials equal to or greater than 50
ppm PCB if the area is secured by a fence and a sign including the ML.
(3) Remove all materials greater than 100 ppm PCB and place a clean
(less than 1 ppm PCBs) soil cover of a uniform thickness of a minimum
of 25 centimeters (10 inches) over the site where PCBs remain in excess
of 25 ppm. A cap of other clean impervious material, including concrete
or asphalt at a minimum uniform thickness of 15 centimeters (6 inches)
may be used in place of the clean soil cover.
(4)(i) Bulk PCB remediation waste may be disposed of onsite using a
solvent extraction process where: A non-chlorinated solvent is used;
the solvent extraction process occurs at ambient temperature; the
extraction process is not exothermic; and no external heat is used for
the extraction process.
(ii) The extraction process shall have secondary containment to
prevent any solvent from being released to the underlying or
surrounding soils and surface water.
(iii) Solvent disposal, recovery, and/or reuse shall be in
accordance with relevant provisions in paragraphs (b)(1) and (c) of
this section, and other applicable Federal, State, or local laws or
regulations.
(iv) PCB remediation waste treated using a non-thermal extraction
process according to paragraph (a)(4)(ii)(A)(4)(i) through
(a)(4)(ii)(A)(4)(iii) of this section and left on site shall have
residual levels of: Less than or equal to 25 ppm as in paragraph
(a)(4)(ii)(A)(1) of this section; less than or equal to 50 ppm, and the
area shall be secured by a fence, and a sign, including the ML shall be
posted, as in paragraph (a)(4)(ii)(A)(2) of this section; or to less
than or equal to 100 ppm PCB, and a clean (less than 1 ppm PCBs) soil
cover of a minimum uniform thickness of 25 centimeters (10 inches)
placed over the site where PCBs remain in excess of 25 ppm. A cap of
other clean impervious material, such as concrete or asphalt at a
minimum uniform thickness of 15 centimeters (6 inches) may be used in
place of the clean soil cover as in paragraph (a)(4)(ii)(A)(3) of this
section.
(v) If the treatment process in paragraph (a)(4)(ii)(A)(4)(i)
through (a)(4)(ii)(A)(4)(iii) of this section does not meet the
measurement-based objectives required in paragraphs (a)(4)(ii)(A)(1),
(a)(4)(ii)(A)(2), or (a)(4)(ii)(A)(3) of this section, then the treated
material shall be disposed of off-site based on its existing
concentration according to paragraphs (b)(2) and (c) of this section.
(5)(i) Bulk PCB remediation waste may be microencapsulated or
vitrified on-site. Microencapsulated PCB remediation waste must be
homogenous to the point that it has no free liquid component as
measured by Method 9095 (Paint Filter Liquids Test) as described in
``Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods''
which is available from NTIS.
(ii) The standard for treatment of PCB remediation wastes where the
PCBs have been microencapsulated or vitrified is less than 50
micrograms PCB per liter as measured by the Toxicity Characteristic
Leaching Procedure (TCLP), 40 CFR part 261, Appendix II, Method 1311.
(iii) Microencapsulated or vitrified PCB remediation waste not
exhibiting the Toxicity Characteristic (i.e., TCLP concentration less
than 50 g/l PCB) shall be disposed of at an off-site facility
according to paragraph (a)(5)(i)(B)(2) or (3) of this section.
(B) Non-porous surfaces. Non-porous surfaces shall be
decontaminated in accordance with Sec. 761.79 or disposed of in a
facility with a disposal approval under this part.
(C) Change in land use for a remediation site. Where there is an
actual or proposed change in use of an area cleaned up under paragraph
(a)(4)(ii) of this section, and the exposure of people or animal life
in or at that area is expected to increase resulting in a change in
status from a low exposure area to a high exposure area, the owner of
the area shall clean up the area in accordance with the high exposure
area PCB remediation waste cleanup requirements in paragraph (a)(4)(i)
of this section.
(iii) Cap requirements. Caps shall comply with the permeability,
sieve, liquid limit, and plasticity index parameters in
Sec. 761.75(b)(1)(ii) through (b)(1)(v). Caps shall be designed and
constructed according to Sec. 264.310(a) of this chapter. In the case
of a concrete or asphalt cap, the cap shall be of sufficient strength
to maintain its effectiveness and integrity during the use of the cap
surface which is exposed to the environment. A cap shall not be
contaminated at a level 1 ppm PCB per Aroclor (or
equivalent) or per congener. Caps shall be visually inspected monthly
for breaches such as leaks, cracks, breaks, and faults. Repairs shall
begin within 48 hours of discovery for any breaches which would impair
the integrity of the cap.
(iv) Deed restrictions for caps and fences. When a remedial
activity, under this section, includes the use of a fence or a cap, the
fence or cap must be maintained by the owner of the site, in
perpetuity.
(A) Within 30 days of completion of a remediation activity under
this section, a notice of the existence of the fence or cap and the
requirement to maintain the fence or cap under paragraph (a) of this
section shall be placed on the deed for the property by the owner of
the site. Upon request by EPA, a copy of any notice required by this
paragraph shall be sent to the EPA Regional Administrator, within 60
days of completion of a remedial activity under this section.
(B) The owner of a site being remediated under this section may
remove a fence or cap after conducting additional remediation
activities and achieving cleanup levels, specified in this section,
which do not require a cap or fence.
(C) The notice on the deed shall be removed from the deed no
earlier than 30 days after achieving the cleanup levels specified in
this section which do not require a fence or cap.
(v) Wastes generated from the cleanup of PCB remediation waste
shall be disposed or may be reused as follows:
(A) Non-liquid cleaning materials and personal protective equipment
waste shall be disposed of in accordance with paragraph (a)(5)(ii) of
this section.
(B) Cleaning solvents, abrasives, and equipment may be reused for
the same purpose and shall be disposed of according to
Sec. 761.79(a)(1).
(vi) Written notice, including the quantity to be shipped and
highest concentration of PCBs (using extraction Method 3540 in SW-846
and using the extraction solvent toluene/methanol (option 5.4.1.1) then
followed by chemical analysis using Method 8080 in SW-846, which is
available from NTIS), must be provided at least 15 days in advance of
shipment from the generator, to any facility receiving PCB non-
remediation waste pursuant to paragraphs (a)(4)(i)(A)(4)(iii) and
(a)(4)(ii)(A)(5)(iii) of this section.
(5) Off-site disposal of PCB remediation waste. PCB remediation
waste may be disposed of either at the site which is being remediated
(on-site) or at another site (off-site) as otherwise allowed under
Sec. 761.60 through Sec. 761.62. Destruction and containment of PCB
remediation waste may be accomplished outside of this self-implementing
site remediation provision (paragraph (a) of this section) so long as
the destruction and containment has been approved according to
paragraph (b) or (c) of this section.
(i) Bulk, non-liquid material. Bulk, non-liquid PCB remediation
waste shall be disposed of off-site according to its existing
concentration as follows:
(A) PCB remediation wastes containing water which can be separated
or removed, such as sediments, dredged materials, muds, municipal
sludges, and industrial sludges, shall be dewatered onsite and the
water filtered to remove PCBs. Non-liquid filter materials must be
disposed of as non-liquid PCBs according to their existing
concentration or based on an assumed concentration greater than 500 ppm
PCBs. Removed water shall be discharged to a facility operating under a
Federal or State permit to accept water at a specified concentration of
PCBs or to discharge PCBs in treated water. The dewatered PCB materials
shall be disposed of according to paragraph (a)(5)(i)(B) of this
section.
(B) Non-liquid PCBs shall be disposed of as follows based on its
existing concentration:
(1) PCB remediation wastes with a PCB concentration of less than 50
ppm may be disposed of in any facility permitted, licensed, or
registered by a State as a municipal or industrial solid waste
landfill, a RCRA Subtitle C Landfill or a disposal facility approved
under this part.
(2) PCB remediation wastes with a PCB concentration of less than
500 ppm may be disposed of in a RCRA Subtitle C landfill or a disposal
facility approved under this part.
(3) PCB remediation wastes with a PCB concentration of 500 ppm and
greater may be treated using the solvent extraction process described
in paragraph (a)(4)(i)(A)(3)(i) through (a)(4)(i)(A)(3)(iii) of this
section to less than 50 ppm and then disposed of based on the post-
treatment PCB concentration according to paragraph (a)(5)(i)(A)(2)(i),
or treated to less than 500 ppm and disposed of according to paragraph
(a)(5)(i)(A)(2)(ii) of this section. If the treatment process does not
reduce the PCB levels in the bulk PCB remediation waste to less than
500 ppm, then the treated bulk PCB remediation waste shall be disposed
of off-site based on its existing concentration according to paragraph
(b)(1) or (c) of this section and other Federal, State or local laws or
regulations.
(C) Written notice, including the quantity to be shipped and
highest concentration of PCBs (using extraction Method 3540 in SW-846,
which is available from NTIS), must be provided at least 15 days in
advance of shipment from the generator, to any off-site facility
receiving bulk non-liquid PCB non-remediation waste.
(ii) Other non-liquid materials. Other non-liquid materials such as
rags, gloves, booties, other disposable personal protective equipment,
and similar materials resulting from site remediation activities, shall
be disposed of off-site according to paragraph (a)(5)(i)(B)(1) of this
section.
(6) Duty to comply. Any person conducting a remedial action under
paragraph (a) of this section must fully comply with each requirement
and limitation of paragraph (a) or any addition to paragraph (a)
subsequently approved under paragraph (c) of this section.
(b) Performance-based disposal. (1) Liquid PCB remediation waste
shall be disposed of according to Sec. 761.60(a)(1), (a)(2) or (a)(3)
or Sec. 761.60(e) as applicable.
(2) Non-liquid PCB remediation waste shall be disposed of in a high
temperature incinerator approved according to the requirements of
Sec. 761.70(b), or, according to an alternate destruction method
approved according to the requirements of Sec. 761.60(e), or a chemical
waste landfill approved according to the requirements Sec. 761.75.
(c) Risk-based disposal approval. Applications for cleanup and
disposal of PCB remediation waste in a manner other than prescribed in
paragraph (a) or (b) of this section must be made in writing to the
Regional Administrator in the Region in which the PCB remediation
wastes are located. Applications for the addition of a process,
procedure, or technology to paragraph (a) of this section must be made
in writing, to the Director, Chemical Management Division. Each
application must contain information that, based on technical,
environmental, and other considerations, indicates that the proposed
cleanup levels, storage and disposal methods will not pose an
unreasonable risk of injury to health and the environment. The EPA may
request other information that it believes to be necessary for an
evaluation of the proposed site remediation or waste management
method(s) including assessment of site conditions; general risk posed
by the process, procedure or technology; and analysis of the proposed
alternative. In approving a disposal method for PCB remediation wastes,
EPA may consider:
(1) The risk factors associated with the waste.
(2) The risk factors associated with the proposed waste management
option such as the safety, reliability, and effectiveness (including
the potential for concentration and volume reduction, waste
minimization, long- and short-term effectiveness, permanence, technical
feasibility, and availability) of the proposed waste management
options.
(3) Other applicable Agency guidelines, criteria, and regulations
to ensure that any treatment residues or discharges of remediation
wastes that contain PCBs and other contaminants are adequately
controlled to protect the environment. The EPA may also specify and
approve access or use restrictions and other monitoring, institutional
controls or notice requirements when PCB remediation wastes or PCB
Items remain at the site.
(d) Other requirements. Other requirements of a risk-based disposal
approval that must be followed are:
(1) The person to whom such approval is issued must comply with all
conditions and limitations contained in the approval.
(2) Any approval by the EPA shall be in writing; it shall contain
EPA's findings, the reason for the approval, the approval conditions,
and may contain any appropriate limitations on the approved cleanup and
method(s) for disposal of PCB remediation waste.
(3) Any approval by EPA for the addition of a process, procedure,
or technology to paragraph (a) of this section shall be in writing, and
may contain specific conditions and limitations as the EPA deems
appropriate to protect health and the environment.
(e) Remediation activities conducted under paragraph (c) of this
section shall not commence prior to written approval by EPA.
Sec. 761.62 Disposal of PCB non-remediation waste.
Any person disposing of PCBs is also responsible for determining
and complying with all other applicable Federal, State, or local laws
or regulations. PCB non-remediation waste shall be disposed of:
(a) Performance-based disposal. (1) In an incinerator which
complies with Sec. 761.70.
(2) In a chemical waste landfill which complies with Sec. 761.75.
(b) Leachability-based disposal. (1) In a facility permitted,
licensed, or registered by a State as a municipal or industrial solid
waste landfill if the concentration of PCBs in a representative sample
of the PCB non-remediation waste is less than 50 micrograms per liter
as measured by the Toxicity Characteristic Leaching Procedure (TCLP),
40 CFR part 261, Appendix II, Method 1311. The representative sample
shall be collected according to the procedures in Appendix III of this
part.
(2) PCB non-remediation waste shall be sampled in accordance with
the procedures specified in Appendix III of this part. Alternate
sampling plans and procedures shall be used only after being approved
in writing by EPA as part of a disposal application under paragraph (c)
of this section.
(3) Written notice, including the quantity to be shipped and
highest concentration of PCBs (using extraction Method 3540 in SW-846
and using the extraction solvent toluene/methanol (option 5.4.1.1) and
followed by chemical analysis using Method 8080 in SW-846, available
from NTIS), must be provided at least 15 days in advance of shipment
from the generator, to any facility receiving PCB nonremediation waste
pursuant to paragraph (b)(1) of this section.
(4) The applicable recordkeeping provisions of Sec. 761.180 must be
adhered to with regard to all sampling and analysis of PCBs under this
section.
(c) Risk-based disposal approval. (1) Upon written application, PCB
non-remediation waste shall be disposed of using a disposal method or
at a location approved by the Regional Administrator for the Region in
which the disposal will occur. Applications for disposal of PCB non-
remediation waste in a manner other than prescribed in paragraph (a) or
(b) of this section must be made in writing to the Regional
Administrator. The application must contain information that, based on
technical, environmental, or waste-specific characteristics or
considerations, indicates that the proposed storage and disposal
methods or location will not pose an unreasonable risk of injury to
health or the environment. The Regional Administrator may request other
information that he or she believes to be necessary for an evaluation
of the alternate disposal method. In approving a disposal method or
location for non-remediation wastes, the Regional Administrator may
consider:
(i) The ability of the proposed method or location of disposal to
destroy PCBs or isolate PCBs from the environment.
(ii) The environmental sensitivity of the proposed disposal site
for any proposed land disposal of treated or untreated PCB non-
remediation wastes.
(iii) Other applicable Agency guidelines, criteria, and regulations
to ensure that the wastes are adequately controlled to protect the
environment.
(2) Any risk-based disposal approval by the Regional Administrator
shall be in writing, may contain any appropriate limitations on the
approved method or location for disposal, and may impose PCB source
identification and other requirements to control the level and
variability of contamination in the waste stream.
(3) The person to whom such risk-based disposal approval is issued
must comply with all conditions and limitations contained in the
approval.
Sec. 761.63 Household waste disposal.
Household waste as defined at Sec. 761.3 may be disposed of in a
facility permitted, licensed, or registered by a State to manage
municipal or industrial solid waste or in an industrial furnace as
defined in Sec. 761.3 and operated in compliance with the requirements
of Sec. 761.60(a)(4).
Sec. 761.64 Disposal of wastes generated as a result of the chemical
analysis of PCBs.
This section provides disposal requirements for wastes generated at
a chemical analysis laboratory during the process of the analysis of
samples containing PCBs. 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. These wastes may be regulated for
disposal under other applicable Federal, State, and local laws or
regulations.
(a) Portions of samples extracted for purposes of determining the
presence of PCBs or concentration of PCBs are unregulated for purposes
of PCB disposal.
(b) Aqueous rinse solvents may be filtered through charcoal
filters, the filters disposed of as non-liquid PCBs according to
Sec. 761.62, and the filtered water disposed of according to
Sec. 761.79(a) and (h).
(c) Non-liquid wastes which do not exceed a volume of 54 cubic feet
or a weight of 1,000 kg per year are regulated for disposal according
to Sec. 761.61(a)(5)(i)(B)(1). Additional quantities of this waste may
be decontaminated according to Sec. 761.79 or disposed of without
decontamination according to the highest PCB concentration in the
original sample materials.
(d) Organic solvents used for the extraction of PCBs during
chemical analysis may be distilled and reused in chemical analysis
laboratories without prior approval, and subject to the following
procedures, conditions, and limitations:
(1) The distillation shall be conducted in the analytical
laboratory or an adjacent room.
(2) The maximum distillation rate is 4 liters per hour.
(3) The maximum volume of all solvents containing PCBs in storage
at any one time for distillation under this section is 100 liters.
(4) The final PCB concentration of each batch of distilled solvent,
not to exceed 10 liters in volume, does not exceed the level set in
Secs. 761.79(a) through (h).
(5) PCBs separated from these waste solvents (usually in the form
of still bottoms) are regulated for disposal according to
Secs. 761.60(a)(1) through (a)(3).
(6) The distillation apparatus may be reused indefinitely in the
laboratory under this section without decontamination.
(7) If the distillation unit is removed from service as a
distillation apparatus under this section, is dismantled, or is not
used for a period of 90 days, then the distillation unit shall be
decontaminated in accordance with the standards and procedures in
Sec. 761.79. All decontamination wastes including contaminated
solvents, still bottoms, and decontamination solid wastes shall be
disposed of in accordance with the applicable procedures and standards
in Secs. 761.79, 761.60(a)(1) through (a)(3), and 761.62, respectively.
(e) Sulfuric acid and elemental mercury used in the cleanup of
sample extracts and containing less than 2 ppm PCBs is not regulated
for disposal under TSCA.
12. 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 and reserving paragraph
(c)(2), by removing the term ``facilities'' and substituting the term
``units'' in paragraph (c)(4), by revising paragraphs (c)(5), (c)(6),
(c)(7) introductory text, and (c)(8); by removing the term ``facility''
and substituting the term ``unit'' in paragraph (d)(2)(iii), 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 PCBs or PCB Items stored for
disposal after January 1, 1983, shall be removed from storage and
disposed of as required by subpart D of this part within 1 year from
the date of removal from service for disposal.
(2) One-year extension. Any persons 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 Regional
Administrator for the Region in which the PCB waste is stored that they
have been unsuccessful in their continuing attempts to dispose of or
secure disposal for their waste within the 1-year time limit. Upon
receipt of the notice by the Regional Administrator, the time for
disposal is automatically extended by action of this section for 1
additional year (2 years total) if the following conditions are met:
(i) The notification is received by the Regional Administrator at
least 30 days before the expiration of the initial 1-year time limit
and it identifies the storer, the types, volumes, and location 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 the
Agency.
(iv) Continuing attempts to secure disposal must have been
initiated within 30 days of the time the waste is first subject to the
1-year time limit requirement (i.e., the date of removal from service
for disposal). A claim that disposal costs are prohibitive or 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.
(3) Additional extensions. Upon written request, the Regional
Administrator for the Region in which the wastes are stored may grant
at any time, additional extensions beyond the One-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 Regional
Administrator may require, as 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. Extensions under paragraph
(a)(1) of this section, may be granted as a condition of any TSCA PCB
Disposal approval, by the Regional Administrator for the Region in
which the PCBs or PCB Items are to be stored or the Director, Chemical
Management Division (CMD), as appropriate, if the Regional
Administrator or Director, CMD determines that there is a demonstrated
need or justification for such extension and that no unreasonable risk
of injury to health or the environment will result. Criteria for
extending the 1-year time limit for storage and disposal include, but
are not limited to, lack of disposal capacity, the absence of a
treatment technology, or insufficient time to complete the treatment/
destruction process and a demonstration that relevant treatment or
disposal options are being pursued. In granting such extensions, the
Regional Administrator or the Director, CMD may require the submission
of any information the Regional Administrator or the Director, CMD
believes is necessary for an evaluation of the requested extension and
periodic progress reports that demonstrate that appropriate treatment
or disposal options are being pursued.
(b) Except as provided in paragraphs (b)(2), (c)(1), and (c)(7) 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 therein, whichever is
greater. PCB/fissionable radioactive wastes are not required to have 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 therein, whichever is greater.
* * * * *
(iv) Floors and curbing constructed of Portland cement, concrete,
or continuous smooth and non-porous materials such as steel to prevent
or minimize penetration of PCBs.
* * * * *
(2) PCBs and PCB Items designated for disposal may be stored in a
hazardous waste container management unit:
(i) Permitted by EPA under section 3004 of RCRA; or
(ii) Permitted by a State authorized under section 3006 of RCRA to
manage hazardous waste in containers; or
(iii) In a unit approved or otherwise regulated by a State under a
law regulating PCBs similar to TSCA.
(c)(1) * * *
(iv) PCB containers containing liquid PCBs at concentrations of 50
ppm or greater, provided a Spill Prevention, Control and Countermeasure
Plan has been prepared for the temporary storage area in accordance
with 40 CFR part 112 and the liquid waste is in Department of
Transportation (DOT) specification containers or stationary bulk
storage tanks (excluding rolling stock such as, but not limited to,
tanker trucks).
(2) [Reserved]
* * * * *
(5) All PCB Items in storage shall be checked for leaks at least
once every 30 days. Any leaking PCB Items and their contents shall be
transferred immediately to properly marked nonleaking containers. Any
spilled or leaked materials shall be immediately cleaned up and the
materials and residues containing PCBs shall be disposed of in
accordance with Sec. 761.61(b). Records of inspections, maintenance,
cleanup and disposal must be maintained in accordance with
Sec. 761.180(a) and (b).
(6) Except as provided in paragraph (c)(6)(i) of this section, any
container used for the storage of liquid or non-liquid PCBs shall be in
accordance with the requirements set forth in the Department of
Transportation Hazardous Materials Regulations (HMR) at 49 CFR parts
171-180. PCBs not subject to the HMR (i.e., PCB wastes at
concentrations of 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 173.213 (for non-liquids). For purposes of describing PCBs
not subject to DOT's HMR on a manifest, one may use the term ``Non-DOT
Regulated PCBs''.
(i) Containers other than those meeting DOT performance standards
may be used for storage of PCB/fissionable radioactive waste provided
the following requirements are met:
(A) Containers used for storage of liquid PCB/fissionable
radioactive wastes must be non-leaking.
(B) Containers used for storage of non-liquid PCB/fissionable
radioactive wastes may need to be designed to prevent the buildup of
liquids if such containers are stored in an area which meets the
containment requirements of paragraph (b)(1)(ii) of this section and
all other applicable State or Federal radiation protection regulations
or requirements.
(C) Containers used to store both liquid and non-liquid PCB/
fissionable radioactive wastes must be designed to meet Nuclear
Criticality Safety requirements specified in the ANSI Standard No. 8.1,
American National Standard for Nuclear Criticality Safety in Operations
with Fissile Materials Outside Reactors (American National Standard
Institutes, 11 W. 42nd St., New York, New York 10036). 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/fissionable radioactive wastes if the users are able
to demonstrate, to the appropriate Regional Administrator and/or the
Nuclear Regulatory Commission, that the use of such containers is
protective of health and the environment as well as public health and
safety.
(ii) [Reserved]
(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 the date they were removed from service for
disposal. 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. (See also record
retention requirements at Sec. 761.180.)
* * * * *
(g) * * *
(7) The ``non-corporate parent guarantee'' as specified in
Sec. 264.143(f)(10) of this chapter.
* * * * *
(9) When a modification, such as an increase in storage capacity,
to a commercial storage facility occurs that warrants establishing a
new financial assurance mechanism or amending an existing financial
assurance mechanism, the new or revised financial assurance mechanism
must be established and activated no later than 30 days after the
Regional Administrator (or Director, Chemical Management Division
(CMD)) is notified of the completion of the modification to the
facility, but prior to use of the modified portion of the facility. The
Regional Administrator (or Director, CMD) must be notified in writing
no later than 7 days from the completion of the modification to 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 Regional Administrator (or Director,
Chemical Management Division) provides written notice of such transfer.
The Agency will recognize the transfer of interim status or final
approval for commercial storage facilities if all the following
conditions are met:
(1) The transferee demonstrates it has established, by the date of
transfer, 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 transferee submits a new and complete application for final
storage approval including all the elements listed in paragraph (d) of
this section.
(3) The transferor or transferee resolves any deficiencies (e.g.,
technical operations, closure plans, cost estimates, etc.) the Agency
has identified in the application of the transferor.
* * * * *
13. Section 761.67 is added to subpart D to read as follows:
Sec. 761.67 Storage for reuse.
(a) Any PCB Article may be stored for reuse in an area which is not
designed, constructed and operated in compliance with Sec. 761.65(b),
for no more than 3 years from the date it was originally removed from
use (i.e., service) or 3 years from [insert the effective date of the
final rule], whichever is later, subject to the following conditions:
(1) All requirements applicable to the PCB Article stored for reuse
are followed.
(2) The PCB Article is labelled and records maintained, starting at
the time the PCB Article is removed from use or [insert the effective
date of the final rule]. The label and records must indicate:
(i) The date the PCB Article was removed from use or[insert the
effective date of the final rule] if the date it was removed from
service is not known.
(ii) The projected location and the future use of the Article.
(iii) If applicable, the date the Article is scheduled for repair
or servicing.
(b) Any PCB Article may be stored for reuse in an area that does
not comply with Sec. 761.65(b) for a period longer than 3 years,
provided that the owner or operator of the Article has requested and
received written approval from the Regional Administrator for the
Region in which the Article is located. Requests for extensions must be
submitted to the Regional Administrator at least 6 months prior to the
expiration of the storage for reuse period and shall include a
justification, on an item-by-item basis, for the desired extension. The
Regional Administrator is authorized to attach any conditions to such
approval as deemed necessary to protect health or the environment. The
PCB Articles to be stored for reuse shall be subject to the other
applicable provisions of this part, including the record retention
requirements at Sec. 761.180(a).
14. In Sec. 761.75 by removing the term ``facility'' and
substituting the term ``unit'' in paragraphs (b)(7)(i), (ii) and (iii)
and by revising paragraph (b)(8)(ii) to read as follows:
Sec. 761.75 Chemical waste landfills.
* * * * *
(b) * * *
(8) * * *
(ii) An operation plan shall be developed and submitted to the
Regional Administrator for approval as required in paragraph (c) of
this section. This plan shall include detailed explanations of the
procedures to be used for recordkeeping, surface water handling
procedures, excavation and backfilling, waste segregation burial
coordinates, vehicle and equipment movement, use of roadways, leachate
collection systems, sampling and monitoring procedures, monitoring
wells, environmental emergency contingency plans, and security measures
to protect against vandalism and unauthorized waste placements. EPA
guidelines entitled ``Thermal Processing and Land Disposal of Solid
Waste'' (39 FR 29337, Aug. 14, 1974, available from the U.S. Government
Printing Office, Washington, DC 20401) are a useful reference in
preparation of this plan.
* * * * *
15. By adding Sec. 761.77 to subpart D 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)
through (g) 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) through (g) of this section and
will apply only to such persons. All requirements, conditions, and
limitations of any other permit or waste management document described
in those paragraphs are deemed to be conditions of the TSCA PCB
Coordinated Approval whose violation is a prohibited act under section
15 of TSCA.
(1) Persons seeking a TSCA PCB Coordinated Approval shall submit a
request for approval by certified mail, return receipt requested, to
the 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 approval shall include a copy of the letter
from EPA announcing or confirming the EPA ID Number issued to the
facility for conducting PCB activities; the name, organization, and
telephone number of the individual who is the point of contact for the
non-TSCA Federal, State, or local permitting authority; a description
of the waste management activities to be conducted if a permit or other
relevent waste management document has not been issued; a copy of the
relevant permit or waste management document specified in paragraphs
(b) through (g) of this section; 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. When a permit or other waste management document has been
issued for the PCB waste activity, a final copy of the non-TSCA
document that will be used during the PCB activity, including all
requirements, conditions, and limitations, shall be submitted to the
Regional Administrator. This requirement may be waived, in writing, by
the Regional Administrator.
(ii) The Regional Administrator shall confirm receipt of the
request for approval.
(iii) The Regional Administrator shall review the request for
approval for completeness, for compliance with the requirements of
paragraphs (b) through (g), 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 Regional Administrator shall
either:
(A) Issue a written notice of deficiency explaining why the request
for approval is deficient. In addition, the Regional Administrator
shall either:
(1) Request additional information, or
(2) Deny the request for approval and require the person who owns
or operates the PCB facility to submit an application for a TSCA PCB
approval;
(B) Issue a notice of TSCA PCB Coordinated Approval acknowledging
the non-TSCA approval meets the regulatory requirements under TSCA as
written; or
(C) Issue a notice of TSCA PCB Coordinated Approval that includes
additional conditions that are necessary to implement other sections of
part 761 or that address the Regional Administrator's concerns
associated with potential risks of injury to health or the environment.
(2) If the Regional Administrator determines that conditions of the
approval are not met, the Regional Administrator may issue a notice of
deficiency, revoke the TSCA PCB Coordinated Approval, or require the
person to whom the TSCA PCB Coordinated Approval was issued to submit
an application for a TSCA PCB approval. Such a determination could be
based on, but would not necessarily limited to the following:
(i) Compliance with paragraphs (b) through (g) of this section.
(ii) Operation of the approved process in a manner which may result
in an unreasonable risk of injury to health or the environment.
(iii) Failure to comply with, expiration of, or revocation of the
non-TSCA approval or of the program under which the nonTSCA approval
was issued.
(iv) For CERCLA actions, completion of requirements conducted
pursuant to a Record of Decision (ROD) or enforcement decision document
or failure of the owner or operator to comply with conditions of the
ROD.
(3) The Regional Administrator shall cease to recognize the non-
TSCA approval as being the equivalent of a TSCA PCB approval after a
TSCA PCB approval has been issued for the facility.
(b) Land disposal facilities. The person who owns or operates a
land disposal facility, that accepts PCB wastes and requires an
approval under subpart D of this part, shall have a TSCA PCB
Coordinated Approval if the person:
(1)(i) Has a permit issued by EPA or an authorized State Director
under the Solid Waste Disposal Act as amended by the Hazardous and
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270
and 271, and is in compliance with all permit conditions based on the
requirements of 40 CFR part 264, subpart N; or
(ii) Has a permit issued by a State Director pursuant to a State
PCB disposal program no less stringent than the TSCA requirements found
in this part;
(2) Complies with the conditions of that permit.
(3) Complies with the chemical waste landfill requirements at
Sec. 761.75(b).
(4) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
(c) Incinerator. The person who owns and operates facilities used
to incinerate PCB wastes may operate the facility under a TSCA PCB
Coordinated Approval if the person:
(1)(i) Has a permit issued by EPA or an authorized State Director
under the Solid Waste Disposal Act as amended by the Hazardous and
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270
and 271, and is in compliance with the requirements at subpart O of 40
CFR 264.340 et seq.; or
(ii) Has a permit 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 conditions of that permit.
(3) Complies with the incineration requirements at
Sec. 761.70(a)(1) through (9), (b)(1) and (2) and (c).
(4) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
(d) Research and development. Persons conducting research and
development (R&D) into PCB disposal methods (regardless of PCB
concentration), may conduct R&D under a TSCA PCB Coordinated Approval
if the person:
(1)(i) Has a permit issued by EPA or an authorized State Director
under the Solid Waste Disposal Act as amended by the Hazardous and
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270
and 271, and is in compliance with all permit conditions based on the
requirements of 40 CFR parts 264 and 270.65, (or)
(ii) Has a permit 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 conditions of that permit.
(3) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
(e) Alternate disposal technologies. Any person operating an
alternative disposal method that provides PCB destruction equivalent to
disposal in a Sec. 761.70 incinerator or a Sec. 761.60 high efficiency
boiler and will not present an unreasonable risk of injury to health or
the environment may operate under a TSCA PCB Coordinated Approval if
the person:
(1) Has a permit 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 conditions of that permit.
(3) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
(f) Commercial storage facility. The person who owns and operates
commercial storage facilities used to store PCB wastes and is required
to have an approval under subpart D of this part, shall have a TSCA PCB
Coordinated Approval if the person:
(1)(i) Has a permit issued by the EPA or an authorized State
Director under the Solid Waste Disposal Act as amended by the Hazardous
and Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts
270 and 271, and is in compliance with all permit conditions based on
the requirements at 40 CFR part 264, subparts J, K and L, or
(ii) Has a permit 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 conditions of that permit.
(3) Complies with the storage requirements of Secs. 761.65(a), (c),
(d)(2).
(4) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
(g) Site remediation. Any person conducting a cleanup of PCB
remediation waste may conduct the cleanup under a TSCA PCB Coordinated
Approval if the person:
(1)(i) Has a permit issued by EPA or an authorized State Director
under the Solid Waste Disposal Act as amended by the Hazardous and
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270
and 271, and is in compliance with all permit conditions based on the
requirements of 40 CFR part 264 et seq.,
(ii) Has a permit issued by a State Director pursuant to a State
PCB disposal program, or
(iii) Is conducting a remedial action under CERCLA as amended,
pursuant to a signed record of decision, consent order or decree.
(2) Complies with the conditions of that permit, record of
decision, consent order or decree.
(3) Complies with the reporting and recordkeeping requirements in
subparts J and K of this part.
16. In Sec. 761.79 by adding an introductory paragraph,
redesignating paragraphs (a) and (b) as (b) and (c), respectively,
adding new paragraphs (a), (d), (e), (f), (g), and (h) to read as
follows:
Sec. 761.79 Decontamination.
Solvents and other decontamination materials shall meet all use,
safety, health, and disposal standards as required by applicable
Federal, State, and local laws and regulations. Compliance with the
standards and procedures for decontamination in this section does not
provide relief or protection from any other applicable Federal, State,
or local laws and regulations.
(a) The purpose of this section is to establish for this part,
regulatory levels and self-implementing or standardized decontamination
levels and procedures for removing PCBs from equipment, structures,
non-porous surfaces, liquids or other materials to allow for reuse. Any
person conducting a decontamination activity under this section becomes
a new generator of a PCB waste.
(1) For purposes of decontamination under this section, the
solubility of PCBs in any solvent used must be 5 percent or more by
weight. The solvent may be reused for decontamination until it contains
50 ppm PCBs. All hydrocarbon solvent used or reused for decontamination
under this section that contains <50 ppm="" pcb="" may="" be="" burned="" and="" marketed="" in="" accordance="" with="" the="" requirements="" for="" waste="" oil="" as="" promulgated="" in="" sec.="" 761.20(e)="" or="" decontaminated="" pursuant="" to="" this="" section.="" all="" chlorinated="" solvent="" at="" any="" concentration="" or="" other="" solvents="">50 ppm PCB used for decontamination under this section shall
be disposed of as a PCB in accordance with Sec. 761.60(a) or
decontaminated pursuant to this section. All other liquid or non-liquid
PCBs resulting from decontamination under this section and not
otherwise regulated for disposal shall be disposed of in accordance
with the provisions of Sec. 761.60(a)(1) through (a)(3) or
Sec. 761.61(a)(5)(i)(B), respectively, or decontaminated pursuant to
this section.
(2) All equipment, structures, surfaces, liquids, or other
materials decontaminated in accordance with the procedures and
standards of this section may be distributed in commerce or used in
accordance with the provisions of Sec. 761.20(c)(5) or (6).
(3) A written record must be established and maintained for a
period of 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. This recordkeeping requirement does not apply when sampling
is not required under this section.
(4) For purposes of decontamination under this section, filtering,
soaking, wiping, stripping of insulation, chopping, scraping or the use
of abrasives to remove or separate PCBs from contaminated surfaces or
liquids does not require a disposal approval under subpart D of this
part.
(5) Any person conducting decontamination activities under this
section shall take measures to ensure that no solvent, dust or
particulate emissions containing PCBs are released to the environment
from the decontamination area. Workers shall wear or use protective
clothing or equipment to protect against direct dermal contact or
inhalation of PCBs or materials containing PCBs.
* * * * *
(d) The decontamination standard for non-porous surfaces is less
than or equal to 10 micrograms PCB/100 square centimeters
(10 g/100cm2) as measured by a standard wipe
test (Sec. 761.123).
(e) Any non-porous surface in contact with free flowing mineral oil
dielectric fluid (MODEF) at levels equal to or less than 10,000 ppm
PCBs ( 10,000 ppm PCB) may be decontaminated as follows:
(1) Drain the free flowing MODEF and allow the residual surfaces to
drain for an additional 15 hours.
(2) Dispose of drained MODEF according to Sec. 761.60.
(3) Submerge and soak the contaminated or potentially contaminated
surfaces in sufficient clean (containing less than 2 ppm PCBs (<2 ppm="" pcbs))="" kerosene="" such="" that="" there="" is="" a="" minimum="" of="" 800="" milliliters="" (ml)="" of="" kerosene="" for="" each="" 100="" square="" centimeters="">2) of contaminated or
potentially contaminated surface for at least 15 hours at room
temperature (20 deg. C or greater).
(4) Drain the kerosene from the surfaces.
(5) Dispose of the drained kerosene in accordance with paragraph
(a)(1) of this section.
(6) Confirmatory sampling is not required, but any person using
this section to claim that a surface is decontaminated must be able to
substantiate that claim with records, photographs, video recordings, or
other forms of documentation.
(f) Any non-porous surface in contact with free flowing MODEF
containing greater than 10,000 ppm PCB (>10,000 ppm PCB) in MODEF or
askarel PCB (up to 70 percent PCB in a mixture of trichlorobenzenes and
tetrachlorobenzenes) may be decontaminated as follows:
(1) Drain the free flowing MODEF or askarel and allow the residual
surfaces to drain for an additional 15 hours.
(2) Dispose of drained MODEF or askarel according to Sec. 761.60.
(3) Submerge and soak the contaminated or potentially contaminated
surfaces in sufficient clean kerosene (containing <2 ppm="" pcbs)="" such="" that="" there="" is="" a="" minimum="" of="" 800="" ml="" of="" kerosene="" for="" each="" 100="">2 of
contaminated or potentially contaminated surface for at least 15 hours
at room temperature (20 deg. C or greater).
(4) Drain the kerosene from the surfaces.
(5) Dispose of the drained kerosene in accordance with paragraph
(a)(1) of this section.
(6) Submerge and soak the surfaces previously submerged, soaked,
and drained pursuant to paragraph (f)(3) of this section in sufficient
clean kerosene such that there is a minimum of 800 ml of kerosene for
each 100 cm2 of surface for at least 15 hours at 20 deg. C.
(7) Drain the kerosene from the surfaces.
(8) Dispose of the drained kerosene in accordance with paragraph
(a) of this section.
(9) Confirmatory sampling is not required, but anyone using this
section to claim that a surface is decontaminated must be able to
substantiate that claim.
(g) The decontamination standard for water containing PCBs is less
than or equal to 0.5 micrograms per liter (i.e., approximately
0.5 parts per billion (ppb)) PCBs.
(h) The decontamination standard for organic liquids containing
PCBs, except for PCB remediation wastes, is less than 2 milligrams per
liter (i.e., approximately <2 parts="" per="" million="" (ppm))="" pcbs.="" 17.="" in="" sec.="" 761.80,="" by="" adding="" paragraph="" (e);="" by="" revising="" paragraphs="" (g);="" by="" adding="" paragraph="" (i);="" by="" revising="" paragraphs="" (n)="" and="" (o);="" and="" by="" adding="" paragraph="" (p)="" 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="" pcbs,="" provided="" such="" manufacturing="" activities="" do="" not="" exceed="" 454="" grams="" (or="" 1="" lb)="" of="" pcbs="" and="" the="" manufactured="" pcbs="" are="" used="" solely="" in="" a="" facility's="" own="" research="" for="" the="" development="" of="" pcb="" disposal="" technologies,="" provided="" the="" following="" conditions="" are="" met:="" (1)="" a="" petition="" for="" an="" exemption="" from="" the="" pcb="" prohibition="" on="" manufacturing="" pcbs="" must="" be="" received="" by="" epa="" by="" [insert="" date="" 60="" days="" from="" the="" effective="" date="" of="" the="" final="" rule]="" or="" 60="" days="" prior="" to="" engaging="" in="" these="" activities.="" (2)="" the="" regional="" administrator="" must="" be="" notified="" in="" writing="" 30="" days="" prior="" to="" the="" commencement="" of="" any="" r&d="" activity="" authorized="" under="" this="" section.="" this="" notification="" requirement="" shall="" be="" waived="" if="" the="" epa="" has="" issued="" a="" tsca="" pcb="" r&d="" approval="" pursuant="" to="" secs.="" 761.60(e)="" and="" (i)(2),="" and="" secs.="" 761.70(a)="" or="" (b)="" that="" contains="" a="" provision="" regarding="" the="" manufacture="" of="" pcbs.="" (3)="" requests="" for="" renewal="" must="" be="" filed="" pursuant="" to="" 40="" cfr="" 750.11.="" 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.="" *="" *="" *="" *="" *="" (g)="" the="" administrator="" grants="" a="" class="" exemption="" to="" all="" processors="" and="" distributors="" (including="" distribution="" for="" purposes="" of="" export)="" of="" limited="" quantities="" of="" pcbs="" used="" for="" r&d="" in="" accordance="" with="" sec.="" 761.30(j)="" provided="" that="" the="" following="" conditions="" are="" met:="" (1)="" all="" processors="" and="" distributors="" must="" maintain="" records="" of="" their="" pcb="" activities="" for="" a="" period="" of="" 3="" years="" after="" ceasing="" processing="" and="" distribution="" operations.="" the="" records="" must="" include="" the="" sources="" of="" the="" pcbs,="" the="" person="" to="" whom="" the="" pcbs="" were="" shipped,="" and="" the="" amounts="" of="" pcbs="" received,="" processed,="" and="" distributed="" in="" commerce="" annually.="" (2)="" the="" quantity="" of="" pcbs="" processed="" or="" distributed="" annually="" must="" not="" exceed="" 100="" grams="" (.22="" lb).="" any="" person="" or="" company="" which="" expects="" to="" process="" or="" distribute="" in="" commerce="" more="" than="" 100="" grams="" (.22="" lb)="" of="" pcbs="" in="" 1="" year="" must="" request="" approval="" from="" the="" director,="" chemical="" management="" division="" to="" exceed="" the="" limitation="" established="" by="" this="" provision="" and="" must="" identify="" the="" sites="" of="" pcb="" activities="" and="" the="" quantity="" of="" pcbs="" to="" be="" processed="" or="" distributed="" in="" commerce.="" (3)="" the="" pcbs="" are="" packaged="" in="" one="" or="" more="" hermetically="" sealed="" containers="" of="" a="" volume="" of="" no="" more="" than="" 5.0="" milliliters="" each.="" (4)="" the="" pcbs="" are="" used="" only="" for="" purposes="" of="" scientific="" experimentation="" or="" analysis,="" or="" chemical="" research="" on,="" or="" analysis="" of="" pcbs,="" but="" not="" for="" research="" or="" analysis="" for="" the="" development="" of="" a="" pcb="" product.="" *="" *="" *="" *="" *="" (i)="" the="" administrator="" grants="" a="" class="" exemption="" to="" all="" processors="" and="" distributors="" of="" limited="" quantities="" of="" media="" containing="" pcbs="" for="" research="" and="" development,="" provided="" the="" following="" conditions="" are="" met:="" (1)="" notification="" in="" the="" form="" of="" a="" petition="" for="" an="" exemption="" from="" the="" pcb="" prohibitions="" on="" processing="" and="" distributing="" pcbs="" in="" commerce="" must="" be="" received="" by="" epa="" by="" [insert="" date="" 60="" days="" from="" the="" effective="" date="" of="" the="" final="" rule]="" or="" 60="" days="" prior="" to="" engaging="" in="" these="" activities.="" (2)="" the="" quantity="" of="" pcbs="" processed="" or="" distributed="" annually="" in="" contaminated="" media="" must="" not="" exceed="" 100="" grams="" by="" total="" weight="" of="" pure="" pcbs.="" (3)="" for="" a="" period="" of="" 3="" years="" after="" ceasing="" processing="" and="" distribution="" operations,="" all="" processors="" and="" distributors="" must="" maintain="" records="" of="" their="" pcb="" activities="" that="" include:="" the="" sources="" of="" the="" pcbs,="" the="" persons="" to="" whom="" the="" pcbs="" were="" shipped,="" and="" the="" amounts="" of="" pcbs="" received,="" processed,="" and="" distributed="" in="" commerce="" annually.="" (4)="" all="" pcb="" materials="" must="" be="" distributed="" in="" dot-authorized="" packaging.="" (5)="" all="" treated="" and="" untreated="" regulated="" material="" and="" material="" coming="" into="" contact="" with="" regulated="" material="" must="" be="" disposed="" of="" in="" an="" approved="" pcb="" disposal="" facility="" according="" to="" subpart="" d="" of="" this="" part.="" *="" *="" *="" *="" *="" (n)="" the="" 1-year="" exemption="" granted="" to="" petitioners="" in="" paragraphs="" (a)="" through="" (c)(1),="" (d),="" (f),="" and="" (m)(1)="" through="" (m)(6)="" of="" this="" section="" shall="" be="" renewed="" automatically="" as="" long="" as="" there="" is="" no="" increase="" in="" the="" amount="" of="" pcbs="" to="" be="" processed="" and="" distributed,="" imported="" (manufactured),="" or="" exported,="" nor="" any="" change="" in="" the="" manner="" of="" processing="" and="" distributing,="" importing="" (manufacturing),="" or="" exporting="" of="" pcbs.="" if="" there="" is="" such="" a="" change,="" a="" new="" exemption="" petition="" must="" be="" submitted="" to="" epa="" and="" it="" will="" be="" addressed="" through="" rulemaking.="" in="" such="" a="" case,="" the="" activities="" granted="" under="" the="" existing="" exemption="" may="" continue="" until="" the="" new="" petition="" is="" addressed="" by="" rulemaking,="" but="" must="" conform="" to="" the="" terms="" of="" the="" existing="" exemption="" approved="" by="" epa.="" the="" 1-year="" exemption="" granted="" to="" petitioners="" in="" paragraphs="" (c)(2),="" (e),="" (h)="" and="" (m)(7)="" of="" this="" section="" may="" be="" extended="" pursuant="" to="" sec.="" 750.11(e)="" or="" sec.="" 750.31(e).="" (o)="" the="" 1-year="" class="" exemption="" granted="" to="" all="" processors="" and="" distributors="" of="" pcbs="" in="" limited="" quantities="" for="" use="" as="" standards="" in="" chemical="" analysis="" in="" paragraph="" (g)="" of="" this="" section="" shall="" be="" renewed="" automatically.="" the="" director,="" chemical="" management="" division="" may="" grant="" approval,="" without="" further="" rulemaking,="" to="" any="" processor="" and="" distributor="" in="" paragraph="" (g)="" of="" this="" section,="" to="" increase="" the="" quantities="" of="" pcbs="" that="" are="" processed="" or="" distributed="" in="" commerce="" pursuant="" to="" paragraph="" (g)(2)="" of="" this="" section.="" (p)="" the="" 1-year="" class="" exemption="" granted="" to="" all="" processors="" of="" limited="" quantities="" of="" media="" containing="" pcbs="" for="" research="" and="" development="" in="" paragraph="" (i)="" of="" this="" section="" shall="" be="" renewed="" pursuant="" to="" sec.="" 750.31(e)(1).="" epa="" will="" deem="" any="" properly="" filed="" request="" for="" the="" renewal="" of="" the="" exemption="" by="" any="" member="" of="" the="" class="" as="" a="" renewal="" request="" from="" the="" entire="" class.="" the="" director,="" chemical="" management="" division="" may="" grant="" approval,="" without="" further="" rulemaking,="" to="" any="" processor="" and="" distributor="" in="" paragraph="" (i)="" of="" this="" section,="" to="" increase="" the="" amount="" of="" pcbs="" processed="" or="" distributed="" under="" this="" exemption.="" sec.="" 761.125="" [amended]="" 18.="" in="" sec.="" 761.125,="" by="" amending="" paragraph="" (a)(1)="" introductory="" text="" to="" revise="" 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''.="" sec.="" 761.180="" [amended]="" 19.="" by="" amending="" sec.="" 761.180="" as="" follows:="" a.="" by="" changing="" the="" references="" 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.="" 761.60(a)(2)(ii)(a)(8)''="" and="" ``sec.="" 761.60(a)(3)(ii)(a)(8)'',="" respectively.="" b.="" by="" changing="" the="" references="" in="" paragraph="" (e)(2)="" to="" ``sec.="" 761.(a)(2)(iii)(a)(7)="" and="" sec.="" 761.60(a)(3)(iii)(a)(7)''="" to="" read="" ``sec.="" 761.60(a)(2)(ii)(a)(7)''="" and="" ``sec.="" 761.60(a)(3)(ii)(a)(7)'',="" respectively.="" c.="" by="" changing="" the="" reference="" in="" paragraph="" (e)(3)="" to="" ``sec.="" 761.60(a)(3)(iii)(b)(6)''="" to="" read="" ``sec.="" 761.60(a)(3)(ii)(b)(6)''.="" 20.="" section="" 761.180="" is="" further="" amended="" by="" adding="" paragraphs="" (a)(1)(iii),="" (a)(1)(iv),="" (a)(2)(ix)="" and="" paragraphs="" (b)(1)(iii)="" and="" (b)(1)(iv),="" and="" by="" revising="" paragraph="" (b)(3)="" introductory="" text="" to="" 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).="" (iv)="" a="" current="" recorded="" inventory="" of="" pcbs="" and="" pcb="" items="" in="" storage="" for="" disposal="" must="" be="" maintained="" on="" site="" at="" the="" storage="" unit="" and="" must="" be="" made="" available="" for="" inspection="" upon="" request="" by="" authorized="" representatives="" of="" epa.="" (2)="" *="" *="" *="" (ix)="" whenever="" a="" pcb="" item,="" excluding="" small="" capacitors,="" with="" a="" concentration="" of="" 50="" ppm="" or="" greater="" 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.="" (b)="" *="" *="" *="" (1)="" *="" *="" *="" (iii)="" records="" of="" inspections="" and="" cleanups="" performed="" in="" accordance="" with="" sec.="" 761.65(c)(5).="" (iv)="" a="" recorded="" inventory="" of="" pcbs="" and="" pcb="" items="" currently="" in="" storage="" for="" disposal="" must="" be="" maintained="" on="" site="" at="" the="" unit,="" and="" must="" be="" made="" available="" for="" inspection,="" upon="" request="" by="" authorized="" representatives="" of="" epa.="" *="" *="" *="" *="" *="" (3)="" the="" owner="" or="" operator="" of="" a="" pcb="" disposal="" facility="" (including="" an="" owner="" or="" operator="" who="" disposes="" of="" its="" own="" waste="" and="" does="" not="" receive="" or="" generate="" manifests)="" or="" a="" commercial="" storage="" facility="" shall="" submit="" an="" annual="" report,="" that="" 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="" 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.="" *="" *="" *="" *="" *="" 21.="" 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="" 5="" working="" 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="" stops="" handling="" pcb="" waste;="" the="" company="" changes="" location="" of="" the="" facility;="" or="" the="" company="" had="" notified="" solely="" as="" a="" commercial="" storer="" of="" pcb="" waste="" and="" now="" wishes="" to="" engage="" in="" another="" pcb="" waste="" activity="" (e.g.,="" transporting="" pcb="" waste).="" 22.="" 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="" less="" than="" 50="" ppm="" pcbs="" when="" the="" spill="" involved="" material="" containing="" pcbs="" at="" a="" concentration="" of="" 50="" ppm="" or="" greater.="" 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="" less="" than="" 500="" ppm="" pcbs,="" or="" materials="" decontaminated="" in="" accordance="" sec.="" 761.20(c)(5)="" of="" this="" part.="" 23.="" in="" sec.="" 761.215,="" by="" revising="" the="" introductory="" text="" of="" paragraphs="" (b),="" (c),="" and="" (d)="" as="" follows:="" sec.="" 761.215="" exception="" reporting.="" *="" *="" *="" *="" *="" (b)="" a="" generator="" or="" other="" persons="" subject="" to="" the="" manifesting="" requirements="" of="" pcb="" waste="" shall="" submit="" an="" exception="" report="" to="" the="" 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="" 30="" 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="" regional="" administrator="" for="" the="" region="" in="" which="" the="" disposal="" facility="" is="" located="" no="" later="" than="" 30="" days="" from="" the="" date="" the="" following="" occurs:="" *="" *="" *="" *="" *="" (d)="" the="" generator="" of="" pcb="" waste="" who="" manifests="" pcbs="" or="" pcb="" items="" to="" a="" disposer="" of="" pcb="" waste="" shall="" submit="" a="" one-year="" exception="" report="" to="" the="" regional="" administrator="" for="" the="" region="" in="" which="" the="" generator="" is="" located="" no="" later="" than="" 30="" days="" from="" the="" date="" the="" following="" occurs:="" *="" *="" *="" *="" *="" 24.="" by="" adding="" appendices="" i,="" ii="" and="" iii="" to="" the="" end="" of="" part="" 761="" to="" read="" as="" follows:="" appendix="" i.="" --="" sample="" site="" selection,="" sampling,="" and="" analysis="" of="" standard="" pcb="" wipe="" samples="" taken="" for="" purposes="" of="" determining="" a="" pcb="" concentration="" for="" abandonment="" and="" disposal="" of="" natural="" gas="" pipeline="" 1.0="" applicability="" and="" scope="" 1.1="" these="" procedures="" apply="" to="" the="" selection="" of="" wipe="" sampling="" sites="" for="" natural="" gas="" pipe="" to="" be="" abandoned="" in="" place="" or="" disposed="" of="" off-site="" according="" to="" sec.="" 761.60(b)(5).="" 1.2="" pipe="" or="" pipe="" segments="" always="" refers="" to="" natural="" gas="" pipe="" or="" segments="" of="" natural="" gas="" pipe.="" 1.3="" wipe="" sampling="" shall="" only="" be="" done="" when="" there="" are="" no="" free="" flowing="" liquids="" present.="" 2.0="" definition="" of="" standard="" wipe="" sample="" 2.1="" a="" standard="" wipe="" test="" is="" defined="" in="" sec.="" 761.123.="" a="" standard="" wipe="" sample="" is="" generated="" for="" chemical="" analysis="" using="" the="" standard="" wipe="" test.="" the="" minimum="" surface="" area="" to="" be="" sampled="" shall="" be="" 100="" square="" centimeters.="" 2.2="" 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,="" enviromental="" protection="" agency,="" 401="" m="" st.,="" sw.,="" washington,="" dc="" 20460.="" 3.0="" sample="" site="" selection="" 3.1="" there="" are="" three="" site="" selection="" parameters:="" position="" around="" the="" circumference="" of="" a="" selected="" pipe="" segment="" or="" pipe,="" position="" along="" the="" length="" of="" a="" selected="" pipe="" segment="" or="" pipe,="" and="" selection="" of="" a="" pipe="" segment="" from="" a="" length="" of="" pipe="" or="" population="" (group)="" of="" pipe="" segments.="" 3.2="" position="" around="" the="" circumference="" of="" a="" pipe="" segment="" or="" pipe.="" 3.2.1="" when="" pipe="" or="" a="" pipe="" segment="" is="" accessed="" for="" sampling,="" the="" pipe="" shall="" be="" marked="" to="" identify="" the="" location="" of="" the="" bottom="" of="" the="" pipe="" or="" pipe="" segment="" when="" the="" natural="" gas="" pipeline="" was="" in="" service.="" 3.2.2="" the="" inside="" center="" of="" the="" bottom="" of="" a="" pipe="" or="" pipe="" segment="" shall="" be="" sampled.="" the="" sample="" shall="" be="" centered="" on="" the="" bottom="" of="" the="" pipe,="" that="" is,="" the="" sample="" shall="" encompass="" an="" equal="" area="" on="" both="" sides="" of="" the="" middle="" of="" the="" bottom="" of="" the="" pipe="" for="" the="" entire="" length="" of="" the="" sample.="" 3.3="" position="" along="" the="" length="" of="" the="" pipe="" or="" pipe="" segment="" 3.3.1="" the="" sample="" shall="" be="" taken="" 15="" centimeters="" (6="" inches)="" inside="" the="" end="" of="" a="" pipe="" or="" pipe="" segment="" at="" the="" bottom="" of="" the="" pipe="" or="" pipe="" segment="" as="" determined="" in="" procedure="" 3.2="" of="" this="" appendix.="" 3.3.2="" if="" the="" sample="" site="" location="" selected="" in="" procedure="" 3.3.1="" of="" this="" appendix="" is="" a="" porous="" surface="" (for="" example,="" there="" is="" significant="" corrosion="" so="" as="" to="" shred="" the="" wipe="" material),="" then="" the="" sample="" site="" shall="" be="" moved="" inward="" (away="" from="" the="" end="" of="" the="" pipe="" or="" pipe="" segment)="" until="" there="" is="" no="" such="" porous="" surface.="" 3.3.3="" there="" are="" three="" options="" in="" the="" event="" that="" there="" is="" no="" non-="" porous="" surface="" accessible="" by="" procedure="" 3.3.1="" or="" 3.3.2="" of="" this="" appendix.="" 3.3.3.1="" the="" sample="" for="" that="" pipe="" or="" pipe="" segment="" shall="" only="" be="" taken="" at="" one="" end="" and="" a="" written="" notation="" documented="" in="" the="" sampling="" and="" analysis="" records="" as="" to="" why="" only="" one="" sample="" was="" taken.="" 3.3.3.2="" select="" another="" pipe="" segment="" using="" the="" random="" selection="" procedure="" in="" 3.4.2="" of="" this="" appendix,="" or="" 3.3.3.3="" in="" the="" event="" that="" there="" is="" no="" other="" pipe="" or="" pipeline="" in="" the="" population="" to="" be="" sampled="" and="" both="" ends="" of="" a="" pipe="" have="" porous="" surfaces="" at="" all="" possible="" sample="" collection="" sites,="" then="" the="" pipe="" segment="" or="" pipe="" shall="" be="" assumed="" to="" contain="" greater="" than="" 50="" but="" less="" than="" 500="" ppm="" pcbs.="" 3.4="" selection="" of="" a="" pipe="" segment="" from="" a="" length="" of="" pipe="" or="" population="" (group)="" of="" pipe="" segments.="" 3.4.1="" for="" purposes="" of="" wipe="" sampling="" pipe="" segments,="" the="" segments="" shall="" not="" exceed="" 12.1="" meters="" (40="" feet)="" in="" length.="" in="" the="" event="" that="" a="" segment="" is="" longer="" than="" 12.1="" meters="" in="" length,="" the="" segment="" shall="" be="" cut="" so="" that="" all="" resulting="" segments="" are="" 12.1="" meters="" or="" less="" in="" length.="" 3.4.2="" pipe="" segments="" removed="" from="" the="" ground="" for="" disposal="" shall="" be="" sampled="" at="" each="" end.="" 3.4.2.1="" when="" a="" length="" of="" pipe="" having="" seven="" or="" fewer="" segments="" is="" removed="" for="" purposes="" of="" disposal,="" samples="" shall="" be="" taken="" at="" each="" end="" of="" each="" segment="" removed.="" 3.4.2.2="" when="" a="" length="" of="" pipe="" having="" multiple="" contiguous="" segments="" less="" than="" 3="" miles="" in="" total="" length="" is="" removed="" for="" purposes="" of="" disposal,="" samples="" shall="" be="" taken="" at="" each="" end="" of="" the="" first="" and="" last="" segments="" removed="" and="" each="" end="" of="" five="" randomly="" chosen="" segments="" in="" between.="" a="" total="" of="" seven="" segments="" shall="" be="" sampled.="" 3.4.2.3="" when="" a="" length="" of="" pipe="" having="" multiple="" contiguous="" segments="" more="" than="" 3="" miles="" in="" total="" length="" is="" removed="" for="" purposes="" of="" disposal,="" samples="" shall="" be="" taken="" at="" each="" end="" of="" the="" first="" segment="" and="" each="" end="" of="" each="" segment="" that="" is="" one-half="" mile="" distant="" from="" the="" segment="" previously="" sampled.="" a="" minimum="" of="" seven="" segments="" shall="" be="" sampled.="" 3.4.3="" sampling="" of="" pipe="" to="" be="" abandoned="" in="" place="" 3.4.3.1="" procedures="" in="" sec.="" 761.60(b)(5)(iii)(b)="" shall="" be="" followed="" first="" to="" assure="" the="" absence="" of="" free="" flowing="" liquids.="" 3.4.3.2="" both="" ends="" of="" all="" pipe="" to="" be="" abandoned="" in="" place="" are="" to="" be="" sampled,="" samples="" shall="" be="" taken="" at="" each="" end="" of="" each="" pipe.="" 3.4.3.3="" for="" abandonment="" of="" pipe="" exceeding="" 50="" miles="" but="" less="" than="" 100="" miles="" in="" length,="" an="" additional="" sample="" at="" the="" midpoint="" shall="" be="" taken.="" sampling="" the="" midpoint="" sample="" may="" be="" taken="" by="" removing="" all="" covering="" soil="" and="" cutting="" the="" pipe="" to="" gain="" access="" to="" the="" sampling="" location="" in="" lieu="" of="" removing="" a="" segment="" of="" pipe.="" 3.4.3.4="" for="" abandonment="" of="" pipe="" exceeding="" 100="" miles="" in="" length,="" both="" ends="" and="" a="" point="" every="" 50="" miles="" from="" the="" downstream="" (of="" the="" direction="" of="" the="" former="" gas="" flow)="" shall="" be="" sampled.="" internal="" samples="" may="" be="" collected="" by="" removing="" any="" covering="" soil="" and="" cutting="" the="" pipe="" to="" gain="" access="" to="" the="" sampling="" location="" in="" lieu="" of="" removing="" segments="" of="" pipe.="" 4.0="" chemical="" analysis="" 4.1="" sample="" extraction="" and="" chemical="" analysis="" procedures.="" section="" 761.60(g)="" provides="" guidance="" on="" chemical="" analysis="" procedures.="" extraction="" and="" cleanup="" of="" the="" extract="" shall="" be="" in="" accordance="" with="" applicable="" extraction="" and="" cleanup="" procedures="" for="" the="" analysis="" of="" pcb="" soil="" samples="" in="" 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="" no.="" capitol="" st.,="" nw.,="" washington,="" dc="" 20401,="" telephone:="" (202)="" 783-3238).="" 4.2="" reporting="" the="" pcb="" concentrations="" in="" samples.="" all="" sample="" concentrations="" shall="" be="" reported="" on="" the="" basis="" of="" micrograms="" of="" pcbs="" per="" 100="" square="" centimeter="" of="" surface="" sampled.="" 5.0="" determining="" the="" regulatory="" status="" of="" sampled="" pipe="" 5.1="" for="" purposes="" of="" disposal:="" 5.1.1="" the="" analytical="" results="" of="" both="" samples="" from="" each="" segment="" sampled="" shall="" be="" averaged="" to="" determine="" the="" level="" of="" contamination="" in="" that="" segment.="" this="" average="" will="" be="" referred="" to="" as="" an="" averaged="" sample="" result.="" 5.1.2="" if="" the="" averaged="" sample="" result,="" from="" any="" segment="" sampled="" from="" a="" removal="" population="" is="" greater="" than="" 10="" micrograms="" pcb/100="" square="" centimeters="" then="" that="" segment="" is="" considered="" contaminated="" with="" pcbs.="" 5.1.3="" from="" a="" multiple="" contiguous="" segment="" removal="" project,="" all="" unsampled="" segments="" in="" the="" removal="" project="" are="" presumed="" contaminated="" with="" pcbs="" at="" the="" same="" pcb="" concentration="" as="" was="" found="" in="" the="" segment="" having="" the="" highest="" averaged="" sample="" pcb="" concentration.="" 5.2="" for="" purposes="" of="" abandonment:="" 5.2.1="" the="" entire="" pipe="" to="" be="" abandoned="" shall="" be="" presumed="" to="" have="" the="" same="" concentration="" as="" the="" highest="" measured="" average="" sample="" result.="" appendix="" ii="" --="" sampling="" to="" verify="" completion="" of="" self-implementing="" disposal="" of="" pcb="" remediation="" waste.="" 1.0="" application="" and="" scope="" 1.0="" the="" following="" is="" required="" when="" sampling="" to="" verify="" completion="" of="" the="" cleanup="" for="" self-implementing="" disposal="" of="" pcb="" remediation="" waste.="" 2.0="" minimum="" number="" of="" samples="" 2.0="" regardless="" of="" the="" amount="" of="" each="" type="" of="" pcb="" remediation="" waste="" present="" at="" a="" pcb="" remediation="" site,="" a="" minimum="" of="" samples="" shall="" be="" taken.="" 2.1="" for="" each="" type="" of="" pcb="" remediation="" waste="" present="" at="" the="" remediation="" site="" and="" at="" each="" separate="" site="" within="" a="" facility,="" a="" minimum="" of="" three="" samples="" shall="" be="" taken.="" 2.2="" for="" each="" sample,="" the="" pcb="" concentration="" shall="" be="" measured,="" recorded="" and="" kept="" on="" file.="" 2.3="" this="" is="" an="" example="" of="" a="" minimum="" number="" of="" samples="" calculation="" at="" a="" pcb="" remediation="" waste="" location.="" there="" are="" three="" distinct,="" sites="" at="" the="" location:="" a="" loading="" dock,="" a="" transformer="" storage="" lot,="" and="" a="" disposal="" pit.="" the="" minimum="" number="" of="" samples="" appears="" after="" each="" type="" of="" waste="" for="" each="" site.="" the="" pcb="" remediation="" wastes="" present="" at="" the="" loading="" dock="" are="" concrete="" (3),="" and="" clay="" soil="" (3).="" the="" pcb="" remediation="" wastes="" present="" at="" the="" transformer="" storage="" lot="" are="" oily="" soil="" (3),="" clay="" soil="" (3),="" and="" gravel="" (3).="" the="" pcb="" remediation="" wastes="" present="" at="" the="" disposal="" pit="" are="" sandy="" soil="" (3),="" clay="" soil="" (3),="" oily="" soil="" (3),="" industrial="" sludge="" (3),="" sludge="" aqueous="" decantate="" (3)="" and="" gravel="" (3).="" for="" purposes="" of="" the="" self-="" implementing="" cleanup="" and="" disposal="" of="" these="" pcb="" remediation="" wastes,="" the="" minimum="" total="" number="" of="" samples="" needed="" to="" verify="" cleanup="" at="" this="" entire="" site="" as="" described="" is="" procedure="" 3.0="" of="" this="" appendix.="" 3.0="" materials="" to="" be="" sampled="" at="" a="" site="" 3.0="" samples="" shall="" be="" collected="" of="" bulk="" materials="" and="" on="" the="" surface="" of="" all="" areas="" which="" contacted="" pcbs="" or="" pcb="" materials="" and="" which="" were="" removed="" for="" purposes="" of="" disposal="" during="" the="" remediation.="" 4.0="" determination="" of="" sample="" collection="" locations="" 4.0="" once="" remediation="" is="" assumed="" to="" be="" complete,="" the="" following="" procedure="" shall="" be="" used.="" 4.1="" sample="" collection="" locations="" shall="" be="" based="" on="" a="" hexagonal="" grid="" system="" similar="" to="" the="" one="" employed="" in="" the="" document="" ``field="" manual="" for="" grid="" sampling="" of="" pcb="" spill="" sites="" to="" verify="" cleanup''="" (epa-560/5-86-017),="" except="" that="" the="" interval="" between="" adjacent="" sampling="" points="" shall="" be="" 1="" meter.="" copies="" of="" the="" grid="" sampling="" manual="" may="" be="" obtained="" from="" the="" tsca="" hotline="" by="" calling="" (202)="" 554-1404.="" 4.2="" there="" is="" no="" upper="" limit="" to="" the="" number="" of="" samples="" required="" or="" allowed.="" 4.3="" in="" the="" event="" that="" a="" site="" is="" sufficiently="" small="" or="" oddly="" configured="" that="" a="" hexagonal="" grid="" with="" the="" grid="" interval="" of="" one="" meter="" will="" not="" place="" the="" minimum="" of="" three="" sampling="" points="" in="" the="" site,="" then="" sampling="" coordinates="" shall="" be="" selected="" based="" on="" the="" following="" random="" sampling="" scheme.="" 4.3.1="" there="" shall="" be="" no="" sample="" compositing="" for="" this="" kind="" of="" small="" site="" and="" oddly="" configured="" sites.="" 4.3.2="" designate="" the="" length="" and="" width="" of="" the="" area="" as="" the="" two="" axes="" of="" a="" two-dimensional="" cartesian="" coordinate="" grid="" system.="" 4.3.3="" the="" grid="" system="" is="" to="" be="" oriented="" so="" that="" its="" origin="" is="" nearest="" to="" the="" lower="" left="" corner="" of="" the="" area="" to="" be="" sampled.="" when="" this="" cartesian="" system="" is="" oriented="" this="" way,="" the="" entire="" area="" falls="" into="" the="" first="" (upper="" right="" or="" positive="" on="" both="" axes)="" quadrant="" of="" the="" grid.="" 4.3.4="" measure="" the="" length="" of="" each="" axis="" (length="" and="" width)="" in="" centimeters="" (or="" inches).="" 4.3.5="" select="" an="" eligible="" set="" of="" two="" coordinates="" in="" centimeters="" (or="" inches)="" from="" a="" random="" number="" table="" or="" random="" number="" generator="" for="" each="" of="" the="" minimum="" of="" three="" samples="" to="" be="" taken.="" eligible="" means="" that="" the="" point="" defined="" by="" the="" selected="" coordinates="" falls="" in="" the="" area="" cleaned="" up.="" 4.3.6="" a="" third="" coordinate="" is="" not="" necessary.="" samples="" shall="" be="" taken="" on="" the="" surface="" of="" the="" location="" left="" after="" cleanup="" has="" been="" completed.="" 5.0="" collection="" of="" samples="" 5.0="" sample="" collection="" procedures="" differ="" for="" surfaces="" and="" bulk="" pcb="" remediation="" wastes.="" 5.1="" flat="" non-porous="" surfaces="" shall="" be="" wipe="" sampled="" at="" the="" selected="" grid="" point.="" individual="" surface="" samples="" shall="" be="" no="" smaller="" than="" 100="" square="" centimeters.="" 5.2="" sampling="" of="" bulk="" pcb="" remediation="" wastes="" 5.2.1="" at="" each="" sampling="" grid="" point,="" core="" samples="" shall="" be="" collected="" from="" at="" least="" one="" and="" no="" more="" than="" four="" different="" locations="" surrounding="" each="" grid="" point.="" 5.2.2="" each="" core="" sample="" around="" the="" grid="" point="" shall="" be="" no="" closer="" than="" 10="" centimeters="" (4="" inches)="" and="" no="" farther="" than="" forty="" centimeters="" (16="" inches)="" from="" the="" grid="" point.="" 5.2.2.1="" if="" more="" than="" one="" core="" sample="" is="" taken="" at="" a="" grid="" point,="" all="" of="" these="" samples="" shall="" be="" composited="" (see="" procedure="" 6.0="" of="" this="" appendix)="" and="" mixed="" thoroughly="" into="" a="" single="" sample="" representing="" the="" grid="" point.="" 5.2.2.2="" core="" sampling="" for="" bulk="" pcb="" remediation="" waste="" having="" particle="" size="" diameter="" of="" less="" than="" or="" equal="" to="" one="" centimeter.="" 5.2.2.2.1="" each="" sample="" shall="" be="" collected="" using="" a="" 2.5="" centimeter="" (1="" inch)="" or="" 2="" centimeter="" diameter="" core="" sampler.="" 5.2.2.2.2="" each="" core="" sample="" shall="" be="" taken="" to="" a="" depth="" of="" 2.5="" centimeters="" below="" the="" surface="" 5.2.2.3="" core="" sampling="" for="" bulk="" pcb="" remediation="" waste="" having="" particle="" size="" diameter="" of="" greater="" than="" one="" centimeter.="" 5.2.2.3.1="" each="" core="" sample="" shall="" be="" taken="" by="" a="" core="" having="" a="" diameter="" no="" less="" than="" two="" and="" a="" half="" times="" the="" diameter="" of="" the="" average="" particle="" in="" the="" material.="" 5.2.2.3.2="" the="" depth="" of="" the="" core="" sample="" shall="" be="" two="" and="" a="" half="" times="" the="" estimated="" average="" diameter="" of="" the="" particles="" in="" the="" waste.="" 5.3="" sampling="" of="" porous="" surfaces="" 5.3.1="" porous="" surfaces="" such="" as="" asphalt,="" wood,="" and="" concrete,="" shall="" be="" core="" sampled="" as="" for="" bulk="" pcb="" remediation="" waste="" having="" a="" particle="" size="" diameter="" of="" less="" than="" one="" centimeter="" (see="" procedure="" 5.2.2.2="" of="" this="" appendix).="" 6.0="" compositing="" samples="" 6.1="" when="" compositing,="" all="" individual="" samples="" added="" to="" compose="" a="" composite="" sample="" shall="" be="" the="" same="" weight.="" 6.2="" all="" chemical="" analyses="" for="" pcbs="" in="" composite="" samples="" shall="" be="" by="" means="" of="" a="" gas="" chromatography="" with="" electron="" capture="" detector="" (gc/="" ec)="" method="" such="" as="" epa="" sw-846="" method="" 8080.="" 6.3="" compositing="" bulk="" pcb="" remediation="" waste="" samples="" from="" more="" than="" one="" grid="" point.="" bulk="" pcb="" remediation="" waste="" samples="" from="" one="" grid="" may="" be="" composited="" so="" long="" as="" the="" pcb="" concentration="" of="" interest="" (the="" clean/not="" clean="" level)="" is="" divided="" by="" the="" number="" of="" samples="" in="" the="" composite.="" the="" resulting="" quotient="" shall="" be="" called="" the="" ``composite="" action="" level.''="" the="" composite="" action="" level="" eliminates="" the="" possibility="" that="" any="" one="" sample="" in="" the="" composite="" is="" above="" the="" pcb="" concentration="" of="" interest.="" 6.3.1="" if="" the="" concentration="" from="" the="" analysis="" of="" the="" composite="" exceeds="" the="" ``composite="" action="" level,''="" then="" it="" shall="" be="" assumed="" that="" at="" least="" one="" sample="" in="" the="" composite="" exceeds="" the="" pcb="" concentration="" of="" interest.="" 6.3.1.1="" for="" example,="" for="" bulk="" pcb="" remediation="" waste="" samples,="" if="" the="" concentration="" of="" interest="" is="" 50="" ppm="" and="" then="" ten="" samples="" are="" composited="" and="" analyzed,="" then="" the="" ``composite="" action="" level''="" is="" 5="" ppm.="" if="" the="" chemical="" analysis="" results="" indicates="" less="" than="" 5="" ppm,="" there="" are="" no="" samples="" having="" a="" concentration="" greater="" than="" 50="" ppm="" (the="" pcb="" concentration="" of="" interest).="" if="" the="" chemical="" analysis="" is="" 5="" ppm="" or="" greater="" then="" there="" may="" be="" at="" least="" one="" sample="" in="" the="" composite="" having="" a="" concentration="" exceeding="" the="" concentration="" of="" interest="" and="" further="" sampling="" and="" or="" compositing="" is="" necessary="" to="" demonstrate="" that="" no="" sample="" exceeds="" the="" concentration="" of="" interest.="" 6.3.2="" if="" the="" concentration="" from="" the="" analysis="" of="" the="" composite="" is="" less="" than="" the="" ``composite="" action="" level,''="" then="" it="" shall="" be="" assumed="" that="" none="" of="" the="" individual="" samples="" in="" the="" composite="" exceeds="" the="" pcb="" concentration="" of="" interest.="" 6.4="" compositing="" wipe="" samples="" from="" non-porous="" samples="" from="" more="" than="" one="" grid="" point.="" when="" accounting="" for="" dilution="" from="" compositing="" wipe="" samples,="" it="" is="" not="" necessary="" to="" use="" samples="" wiped="" from="" the="" same="" total="" surface="" area="" so="" long="" as="" the="" ``composite="" action="" level''="" (see="" procedure="" 6.1="" of="" this="" appendix)="" assumes="" the="" smallest="" surface="" area="" from="" any="" of="" the="" wipe="" samples="" composited.="" this="" difference="" from="" bulk="" remediation="" waste="" sample="" compositing="" is="" the="" result="" of="" the="" pcb="" amount="" reported="" being="" a="" weight="" rather="" than="" a="" concentration.="" 6.4.1="" for="" example,="" if="" the="" pcb="" concentration="" of="" interest="" is="">10 g/100 cm2 and the sample gauze from
three wipe samples each of an area of 200 cm2 are composited
with one sample of 100 cm2. If the report for this composite
showed greater than 10 g, it shall be assumed that at least
one of the wipe samples exceeded the PCB concentration of interest
because the smallest area in the samples composited was 100
cm2.
7.0 Reporting the PCB Concentrations in Samples
All sample concentrations are to be reported on the basis of
micrograms of PCBs per gram of dry bulk PCB remediation waste (and
porous surfaces) and on a micrograms of PCBs per 100 square
centimeter basis for non-porous surfaces.
8.0 Decisions Based on Sample Concentration Resulting from this
Sampling Scheme
8.1 If, for the sampled type of waste at a designated site, any
grid point sample PCB concentration exceeds the concentration of
interest or the PCB concentration of a composite sample exceeds the
composite action level, then the type of waste at the site has not
been successfully cleaned up and, for purposes of self-implementing
disposal, further cleanup is required.
8.2 In the event that further cleanup is required in paragraph
8.0 of this appendix, all of the type of waste at a particular site
at a facility (or any portion of the site) may be recleaned.
8.3 Following the recleaning, the procedure to verify the
completeness of the cleanup shall be reinitiated (starting at
paragraph 4.0 of this appendix) to determine whether the
requirements have been met. This ``reverification'' shall include
that the verification sampling grid be reoriented and all of the
type of waste at a particular site at the facility shall be
resampled as required in paragraph 4.0-7.0 above. Cleaning a portion
of the site and sampling only the portion which was recleaned does
not comply with these self-implementing PCB remediation waste
cleanup requirements.
For example, assume that random samples were collected to verify
a site remediation under Sec. 761.61(a) and one of the samples of
seven taken in a grid sampling plot had a concentration above the
PCB concentration of concern. The site represented by the seven grid
samples may be recleaned only in the area surrounding that one
sample. However, following recleaning, the entire site must be
resampled using a new set of seven grid samples, collected from a
reoriented grid, to verify that the cleanup resulted in no PCBs in
any of the seven grid samples above the PCB concentration of
concern. This sampling procedure does not allow only resampling the
areas which were recleaned. Nor does this sampling procedure allow
using the arithmetic mean or any other statistical evaluation of the
results from several samples to arrive at an overall ``average''
site concentration.
APPENDIX III. -- Sampling Non-Liquid, Non-Metal Non-Remediation
Waste Generated by Processing Materials Containing Recyclable
Metals
1.0 Defining and Characterizing a Single Feed Source Population
1.1 A single feed source includes, but is not limited to
automobiles, a mixture of a fixed ratio of automobiles plus white
goods, white goods, and wire cable from a single source such as a
ship.
1.2 Once a population of processed PCB non-remediation waste
from a single feed source is characterized it is not necessary to
recharacterize PCB non-remediation waste from that feed source so
long as there are no changes in the feed source which are expected
to change the PCB content in that feed source.
2.0 Accumulate the Population to Be Sampled
2.1 Accumulate all PCB non-remediation waste generated from a
single source in one location in a container, a pile or piles.
2.2 When all PCB non-remediation waste from a single source
cannot be processed in a day, all source PCB non-remediation waste
for one day of full-time, full-scale processing shall be accumulated
in a discrete, container, several containers, or identifiable pile
(or piles).
3.0 Number of Samples and Size of Samples and Sub-Samples
3.1 To characterize a population of non-liquid PCB non-
remediation waste accumulated in a pile or piles, it is necessary to
collect seven approximately 100 milliliter (just less than 0.5 cup
or approximately 100 grams) subsamples. These seven sub-samples
shall be composited into one sample in a covered wide-mouth one
liter (one quart) jar.
3.2 Pieces of PCB non-remediation waste larger than half of the
sub-sample size (approximately 50 milliliters, 50 grams, or 0.25
cup) shall be excluded from a sub-sample.
4.0 Sample Site Selection and Sub-Sample/Sample Collection
4.1 Selection of the Piles from which Sub-Samples Will Be
Collected
4.1.1 If the processed PCB non-remediation waste from a single
source consists of more than one pile or container, each pile or
container shall be assigned an integer number and then seven random
integer numbers shall be generated to select piles (from which sub-
samples shall be collected) from the population of all piles. 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.
4.1.2 If only one pile or container is present, all seven
samples shall be taken from the same pile.
4.2 Collecting Sub-Samples from Flattened Piles or Containers
If possible, spread the pile(s) out to a uniform thickness of
approximately 1 foot (or 30 centimeters [cm]) into a rectangular or
a circular shape.
4.2.1 For a circular shape flattened pile or cylindrical
container:
4.2.1.1 Use the procedures in the PCB Spill Cleanup manual (a
triangular/hexagonal grid system) to select the seven surface points
for each composite sample for each flattened pile or container.
4.2.1.2 Measure the depth of the pile at each sampling point in
inches or centimeters. Randomly select a number of inches or
centimeters down from the surface using a random number generator.
Then collect a 50 gram sample at the selected depth.
4.2.1.3 Composite the seven 50 gram samples collected from the
seven sampling locations into a single sample for analysis.
4.2.2 For a rectangular shape flattened pile or boxshaped
container there are two options a random coordinate option
(procedure 4.2.2.1 of this appendix) and a grid option (procedure
4.2.2.2 of this appendix):
4.2.2.1 Designate the length, width, and depth of the flattened
pile or container as three axes of a three dimensional Cartesian
coordinate grid system.
4.2.2.1.1 Measure the length of each axis (length, width, and
depth) in centimeters (or inches). Using a random number generator,
select an eligible set of three coordinates in centimeters (or
inches) for each of seven sub-samples to be taken.
4.2.2.1.2 Collect each sub-sample at the location selected and
composite the sub-samples into a single sample for analysis.
4.2.2.2 Use the grid sampling procedure in the Field Manual
which is part of the ``Sampling Guidance for Scrap Metal
Shredders.'' Briefly described, this procedure divides the length
and width of a flattened pile into three equal segments,
intersection of the length segments with the width segments results
in a 3 x 3 grid or nine cells. The length and width shall be
chosen to be perpendicular. Samples shall be collected at the center
of each cell on the surface.
4.3 Collecting Sub-samples from Unflattened Piles
If the pile is too large to be spread on the site to a uniform
thickness of 1 foot or 30 centimeters, or there are too many piles
to spread out in the working area, the following procedure can be
used to sample the piles. This procedure assumes that the shape of
the piles is roughly conical; that is, having a circular base with
PCB non-remediation waste stacked up uniformly to a peak which is
roughly a point centered above the center of the circular base. For
each sub-sample, three sample site coordinates will be selected.
4.3.1 Setting Up the Sample Site Selection System
4.3.1.1 Use a rod, dowel, stake, or broom handle as a marker.
4.3.1.1.1 Nail or otherwise fasten to the top of the marker a
piece of string or cord of sufficient length and strength to reach
from the top of the marker to the farthest peripheral edge of the
pile.
4.3.1.1.2 Pound or push the marker into the top center (apex) of
the pile downward toward the center of the base at least 30
centimeters or one foot until the marker is rigidly standing on its
own, even when the cord is pulled tight to the bottom of the pile.
The marker shall protrude from the top of the pile sufficiently to
allow easy movement around the pile with the tightened string. A
side view of a pile with a marker and string is illustrated below.
4.3.2 Select the first coordinate as follows:
4.3.2.1 Use a random number to generate a number between 0 and
360. The number generated is the number of degrees from magnetic
north.
4.3.2.2 In a pile containing a lot of ferrous metal, the ferrous
metal may have sufficient magnetism to deflect the compass needle.
Confirm the magnetic north direction at a location distant from a
pile of metal before assuming that the compass is not effected by
local magnetism. In the event that the compass needle is deflected
by the material to be sampled, this sampling procedure shall not be
used and the material to be sampled shall then be flattened. Once
the material is flattened, the sampling procedures in procedure 4.2
of this Appendix shall be used.
4.3.2.3 Use a magnetic compass to determine this direction on
the pile as follows:
4.3.2.3.1 Pull the cord to the bottom of the pile.
4.3.2.3.2 Orient the compass so that the needle is pointing to
magnetic north (At this point it may be helpful to sketch a picture
of the top view of the pile oriented to magnetic north and draw a
line from the center of the pile outward in the direction of the
selected coordinate. (This drawing can be used to locate the
approximate coordinate in the next step and may be used to document
the sampling location.).
4.3.2.3.3 With the cord slightly slack, hold the cord and walk
around the outside edge of the pile to be sampled until the
approximate coordinate is reached.
4.3.2.3.4 Tighten the cord and place the compass directly under
the tightened cord at the bottom edge of the pile.
4.3.2.3.5 Move around the outside of the pile with the cord
laying over the center of the compass and with the needle pointing
to magnetic north and stop when the cord lies over the selected
coordinate direction on the compass.
4.3.2.4 Mark this first coordinate by tying the cord to a peg or
placing it under a heavy weight.
4.3.2.5 An illustration of the orientation of a magnetic compass
and the cord with respect to a pile appears below
4.3.3 Select the second coordinate as follows:
4.3.3.1 Once the first coordinate has been fixed, along the
first coordinate (the cord), measure the distance in centimeters (or
inches) from the bottom edge of the pile to the point where the
marker meets the top of the pile.
4.3.3.2 Select a random number between 0 and the total number of
centimeters (inches) measured in paragraph 4.3.3.1 of this appendix.
4.3.3.3 Proceed up the cord, from the bottom of the pile to the
top, the selected number of centimeters (inches).
4.3.3.4 Pound or push a marker rod, dowel or broom handle down
into the pile until the marker is secure to mark the second
coordinate point.
4.3.4 Select the third (final) coordinate as follows:
4.3.4.1 Measure or estimate the vertical distance in centimeters
(or inches) from the surface of the pile at the second coordinate
marker to the bottom of the pile or ground level. This distance will
be referred to as ``vertical distance.''
4.3.4.2 Select a random number between 0 and the total number of
centimeters (inches) of vertical distance.
4.3.4.3 Dig a hole straight down into the pile the selected
number of centimeters (inches) from the surface of the pile. The
hole shall be of sufficient distance from the second coordinate
marker so as to allow the marker to remain in place.
4.3.4.4 Slowly dig over to expose the second coordinate marker
and collect the sub-sample on any side of this marker at the depth
selected in paragraph 4.3.4.2 of this appendix.
4.3.4.5 In the event that the measurement or estimate of the
distance to the bottom of the pile or the ground level was too large
and the selected depth is below the bottom of the pile, reselect a
random number as indicated in paragraph 4.3.4.2 of this appendix
using the vertical distance determined by digging as indicated in
paragraph 4.3.4.3 of this appendix.
[FR Doc. 94-29568 Filed 11-30-94; 3:41 pm]
BILLING CODE 6560-50-F
