NCD980602163_19781117_Warren County PCB Landfill_SERB C_DEM Memo re Proposed PCB Disposal Sites-OCR

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DIVISION OF ENVIRONMENTAL MANAGEMENT
November 17,
MEMORANDUM
TO: Mr. Marshall Staton
FROM: Mr. A. F. McRorie
SUBJECT: Proposed PCB Disposal Sites.
The staff has reviewed the site summaries and hydrogeologic data
furnished by Mr. Bill Meyer of the five proposed PCB disposal sites in
Chatham, Nash, Person, Wake and Warren Counties. We have no objection
to using any one of the five sites. It is our understanding through
oral communication today with Jerry Perkins that no waste will be c:-, -1 ,... __ ~ / disposed of at the Chatham Cou~sit·e ·wTfhin 250 feet of Boring 4A,
.;,_,here the rock was enc-oun"tered at seven. feet 'below land surface.
The water level depths obtained at each site are probably a few to
several feet below the normal high water level. The normal high is
expected to be from two to nine feet higher, depending on the specific
site, than the measured water level, This factor should be taken into
consideration in designing the disposal facility.
If you need further assistance in this matter, please do not hesitate
to contact me.
cc: Mr. Robert Carter
Mr. L. L. Laymon
§ 762.1
the owner or operator of the facility
by any State or local government
agency and that pertain to the storage
or disposal of PCBs and PCB Items at
the facility.
(2) All documents, correspondence,
and data that have been provided by
the owner or operator of the facility
to any State or local government
agency and that pertain to the storage
or disposal of PCBs and PCB Items at
the facility.
(3) Any applications and related cor-
respondence sent by the owner or op-
erator of the facility to any local,
State, or Federal authorities in regard
to waste water discharge permits, solid
waste permits, building permits, or
other permits or authorizations such
as those required by Annex I-
I 761.40<d> and Annex 11~1 761.41<c).
PART 762-FULLY HALOGENATED
CHLOROFLUOROALKANES
Svbpart A-General Provl1lon1
Sec.
762.1 Scope.
762.3 Definitions •.
Subpart 8-[ReHrved)
Subpart C-Prahlbltion1, Exemptions, and Cer-
tification lequlrement1
762.45 Manufacturing.
762.50 Process;ng.
762.55 Distribution In commerce.
762.58 Essential use exemptlo!lS.
762.59 Special exemptions.
Svbpart D-Record1 and Reports
762.60 General reporting requirements.
762.65 Manufacturers of fully halogenated
chlorofluoroalkanes for aerosol propel-
lant uses.
762.70 Processors of fully halogenated
. ·v -chlorofluoroalkanes for aerosol propel-
lant uses.
AUTHORITY: Toxic Substances Control Act,
15 U.S.C. 2605, 2607, and 2611.
SOURCE: 45 FR 43721, June 30, 1980, unless
otherwise noted.
Subpart A-General Provisions
§ 762.1 Scope.
This part prohibits the manufacture,
processing, and distribution ln com-
Title 40-Protection of Envlronr
merce of fully halogenated chl
fluoroalkanes for those aerosol pre
lant uses which are subject to
Toxic Substances Control Act <TS,
requires submission of annual rep,
and lists the exemptions to the pr
bitlons.
§ 762.3 Definitions.
For the purposes of this part:
(a) The term "aerosol propel],
means a liquefied or compressed g;
a container where the purpose of
liquefied or compressed gas is to e:
from the container liquid or solid
terial different from the aerosol
pellant.
(b) The term "'i)erson" includes
natural person, cc.,rporation, firm, c
pany, joint venture, partnership,
proprietorship, association, or
other business entity, any State or
litical sub-division thereof, any
nicipality, any interstate body and
department, agency, or lnstrumen
ty of the Federal Government.
(c) The term "nonconsumer arti
means any article subject to TI
which Is not a "consumer prod•
within the meaning of the Consu
Product Safety Act (CPSA>, 15 U.,
2052.
(d) The terms "Admlnistrat
"chemical substance," "comme1
"distribute in commerce " "mam:
ture," "process," "proce~or," "Stt
and "United States" have the ~
meanings as in 15 U.S.C. 2602.
Subpart 8-[Reserved)
Subpart C-Prohibifion1, Exemptt<
and Certification Requirements
§ 762.45 Manufacturing. f
<a> After October 15, 1978, no pe:
may manufacture, except to Imp
any fully halogenated chloroflu~
kane for · any aerosol propella.ntJ
except as follows: f;
<l) For use in an article v.-hlcll:-
food, food additive, drug, cosml"lli!
device exempted under 15 U
2602;1or
I The Food and Drug Admlnlstnt
promulgated separate regulaUons ot\
fully halogenated chloro!luoroal
these articles at 21 CFR 2.125.
440
/
§ 761.1
and material from the hearing record)
which has not previously been listed In
a FEDERAL REGISTER document, and
<2> The effective date of the rule.
Cb) Pursuant to the delegation of au-
thority made in the Preamble to the
Final Regulation for the PCB Manu-
facturing, Processing, Distribution in
Commerce and Use Prohibitions, the
Assistant Administrator for Toxic Sub-
stances will grant or deny petitions
under section 6Ce)C3XB> of TSCA sub-
mitted pursuant to § 750.31. The As-
sistant Administrator will act on such
petitions subsequent to opportunity
for an informal hearing pursuant to
this rule.
Cc> In determining whether to grant
an exemption to the PCB ban, EPA
will apply the two standards enunci-
ated in section 6Ce)C3><B> of TSCA
PART 761-POLYCHLORINATED 81-
PHENYLS (PCBs) MANUFACTUR-
ING, PROCESSING, DISTRIBUTION
IN COMMERCE, AND USE PROHIBI-
TIONS
Subpart A-General
Sec.
761.1 Applicablllty.
761.2 Definitions.
Subpart 1-Di1po1al of PCB, and PCI ltem1
761.10 Disposal requirements.
Subpart C-Marklng of PCB, and PCB Item•
761.20 Marking requirement.
Subpart D-Manufadurlng, ProcH1lng,
Dl1tributlon In Commerce, and U1e of PCD1 and
PCB Item•
761.30 Prohibitions.
761.31 Authorizations.
Subpart E-llat of Annexe• _ .
ANNEX NO. I
761.40 Incineration.
ANKEX No. II
761.41 Chemical waste landfills.
. ANNEX No. III .
761.42 Storage for disposal.
-. ANNEX No. IV
761.43 Decontamination.
Title 40-Protedion of Environ111._
ANNEX NO. V
Sec.
761.44 Marking formats.
ANNEX No. VI -; i 761.45 Records and Monitoring. i
AUTHORITY: Secs. 6. 8. and 12, Toxic &a;
stances Control Act, 15 U.S.C. 2605. 260;
and 2611. ..,
SOURCE: 44 FR 31542, May 31. 1979, urue; otherwise noted. , ~
Subpart A-General }
§ 761.1 Applicability. 1
<a> This part establishes prohibittozi
of, and requiremt·nts for, the manutac
ture, processing, distribution in coia·
merce, use, disposal, storage, ant
marking of PCBs and PCB Items. ,_
Cb) This part applies to all pe~
who manufacture, process, distribu"
in commerce, use, or dispose of Pea
or PCB Items. Unless it is otheNia
specifically provided, the terms PQ
and PCBs are used In this rule to rtft
to any chemical substances and comij
nations of substances that contain ~
ppm <on a dry weight basis> or gre1te
of PCBs, as defined in § 761.2(sl. ~
eluding any byproduct, intermedlatt
or impurity manufactured at l%1l
point in a process. Any chemical ,~
stances and combinations of su~
stances that contain less than 50 ppe
PCBs because of any dilution, shall ,
included as PCB and PCBs unless olJi
erwise specifically provided. Suti
stances that are regulated by this ru
include, but are not limited to, dtelee'
tric fluids, contaminated solvents, oll
waste oils, heat transfer fluids, h1,
draullc fluids, paints, sludges, slunl~
dredge spoils, soils, materials contam(
nated as a result of spills, and oll~
chemical substances or comblnatloj substances, including impurities
byproducts. ·
<c> Definitions of the terms used
these regulations are in Subpart~ The basic requirements applicable
disposal and marking of PCBs
PCB Items are set forth in Sub
B-Disposal of PCBs and PCB I
and in Subpart C-:-Marking of
and PCB Items. Prohibitions appll
ble to PCB activities are set forth
Subpart D-Manufacture, Proc
Distribution in Commerce, and Ust
· C)opter I-Environmental Protection Agency § 761.2
:~ ?CBs and PCB Items. Subpart D also "-<2> "Large High Voltage Capacitor"
"'~ ~udes authorizations from the pro-means a capacitor which ~ontains l.~6
~ l;llltions. The Annexes In Subpart E kg (3 lbs.> or more of dielectic fluid
"'-· ,,, forth the specific requirements for and which operates at 2000 volts a.c.
;:spo.sa1 and marking of PCBs and or above. . .
i'CB Items. (3) "Large Low Voltage Capacitor"
id> section 15 of the Toxic Sub-means a capacitor which contains 1.36
.ances Control Act <TSCA> states kg (3 l~s.) or more of dielectric fluid
:.'lit failure to comply with these regu-and which· operates below 2000 volts
::lllons is unlawful. Section 16 imposes a.c . .;Jbillty for civil . penalties upon any . Ce>Cl> "Chemical Substance", exce~t
;,trson who violates these regulations, as P!ovided in paragraph Ce)C2) of this
&.!ld the Administrator can establish section, means any organic or inorgan-
i;propriate remedies for any viola-le substance of_ a particular molecular
•·ons subject to any limitations includ-identity, Including: . ~ in section 16 of TSCA. Section 16 (f) Any combination of such sub-
1!50 subjects a person to criminal pros-stances occurring in whole or part as a
Killion for a violation which is know-result of a chemi.~al reaction or occur-
;ng or willful. In addition, section 17 rin~ In nature, and
lUthorizes Federal district courts to Cu> Any element or uncombined radi-
tnJoin activities prohibited by these cal. .
:-tgulations, compel the taking of ac-(2) Such term does not include:
•Jons required by· these regulations, (f) Any mixture,
Uld issue orders to seize PCBs and · (ii) Any pesticide (as defined in the
l'CB Items manufactured, processed Federal_ Insecticide, Fungicide, and
Jr distributed in violation of these reg-Rodentlcide Act> when manufactured, ulations. processed, or distributed in commerce
<e> These regulations do not pre-for ~se as a pesticide,
tmpt other more stringent Federal . (ih) Tobacco or any tobacco product,
statutes and regulations. Civ) Any source material, special nu-
t 761.2 Definitions.
For the purpose of this part:
clear material, or by product material
<as such terms are defined In the
Atomic Energy Act of 1954 and regula•
tions issued under such Act),
Cv> Any article the sale of which is
subject to the tax imposed by section
4181 of the Internal Revenue Code of
1954 (determined without regard to
any exemptions from such tax pro-
vided by section 4182 or section 4221
or any provisions of such Code>, and
<a> "Administrator" means the Ad-
ministrator of the Environmental Pro-
tection Agency, or any employee of
the Agency to whom the Administra-
tor may either herein or bf order dele-
gate his authority to carry out his
functions, or any person who shall by
operation of law be authorized to (vi) Any food, food additive, drug,
cosmetic, or device <as such terms are the United defined In section 201 of the Federal
carry out such functions.
Cb> "Agency" means
States Environmental
Agency. Protection Food, Drug, and Cosmetic Act> when
<c> "Byproduct" means a chemical
substance produced without separate
commercial intent during the manu-
facturing or processing of another
chemical substance<s> or mixture(s).
(d) "Capacitor" means a device for
accumulating and holding a charge of
electricity and consisting of conduct-
Ing surfaces separated by a dielectric.
Types of capacitors are as follows:
Cl) "Small Capacitor" means a ca-
Pacitor which contains less than 1.36
kg <3 lbs.) of dielectric fluid.
manufactured, processed, or distribut-
ed in commerce for use as a food, food
additive, drug, cosmetic, or device.
(f) "Chemical Waste Landfill" means
a landfill at which protection against
risk of injury to health or the environ-
ment from migration of PCBs to land,
water, or the atmosphere is provided
from PCBs and PCB Items deposited
therein by locating, engineering, and
operating the landfill as specified in
§ 761.41.
Cg) "Commerce" means trade, traf-
fic, transportation, or other commerce:
413
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§ 761.2
(1) Between a place in a State and
any place outside of such State, or
(2) Which affects trade, traffic,
transportation, or commerce described
in paragraph (g)(l) of this section.
Ch) "Disposal" means to intentional-
ly or accidentally discard, throw away,
or otherwise complete or terminate
the useful life of PCBs and PCB
Items. Disposal Includes actions relat-
ed to containing, transporting, de-
stroying, degrading, decontaminating,
or confining PCBs and PCB Items.
(I) "Distribute in Commerce" and
"Distribution in Commerce" when
used to describe an action taken with
respect to a chemical substance, mix-
ture, or article containing a substance
or mixture means to sell, or the sale
of, the substance, mixture, or article in
commerce; to introduce or deliver for
introduction into commerce, or the in-
troduction or delivery for introduction
Jnto commerce of the substance, mix-
ture, or article; or to hold or the hold-
ing of, the substance, mixture, or arti-
cle after its introduction into com-
merce.
<J> "Fluorescent Light Ballast"
means a device that electrically con-
trols fluorescent light fixtures and
that includes a capacitor containing
0.1 kg or less of dielectic. .
Ck> "Impurity" means a chemical
substance which is unintentionally
present with another chemical sub-
stance.
(1) "Incinerator" means an engi-
neered device using controlled flame
· combustion to thermally degrade
PCBs and PCB Items. Example.~ of de-
vices used for incineration Include
rotary 1tflns, liquid injection inciner-
ators, cement kilns, and high tempera-
ture boilers.
Cm) "Leak" or "leaking" means any
instance in which a PCB Article, PCB
Container, or PCB Equipment has any
PCBs on any portion of its external
surface.
Cn) "Manufacture" means to pro-
duce, manufacture, or import Into the
customs territory of the United States.
Co) "Mark" means the descriptive
name, instructions, cautions, or other
Information applied to PCBs and PCB
Items, or other obJects subject to
these regulations.
Title 40-Protedion of Environment
(p) "Marked" means the marking of
PCB Items and PCB storage areas and
transport vehicles by means of appJy.
ing a legible mark by painting, fix.
ation of an adhesive label, or by any
other method that meets the require.
ments of these regulations.
(q) "Mixture" means any combina.
tlon of two or more chemical sub.
stances if the combination does not
occur in nature and is not, in whole or
in part, the result of a chemical reac.
tion; except that such term does in-
clude any combination which occurs,
In whole or in part, as a result of a
chemical react!Qn if none of the I
chemical substa:'lces comprising the f
combination is E. new chemical sub-•
stance and if the combination could
have been manufactured for commer-
cial purposes without a chemical reac.
tion at the time the chemical sub-
stances comprising the combination
were combined.
Cr) "Municipal Solid Wastes" means
garbage refuse, sludges, wastes, and
other discarded materials resulting
from residential and non-industrial op-
erations and activities, such as house-
hold activities, office functions, and
commercial housekeeping wastes.
Cs) "PCB" and "PCBs" means any
chemical substance that is limited to
the biphenyl molecule that has been
chlorinated to varying degrees or any
combination of substances which con-
tains such substance. <See § 761.l(bl
Applicability for applicable concentra•
tlons of PCBs). PCB and PCBs as con•
tained in PCB Items are defined In
§ 761.2Cx>.
Ct) "PCB Article" means any manu•
factured article, other than a PCB
Container that contains PCBs and
whose surface<s> has been In direct
contact with PCBs. "PCB Article" In·
eludes capacitors, transformers, elec-
tric motors, . pumps, pipes and any
other manufactured Item (1) which is
formed to a specific shape or design
during manufacture, (2) which has
end use functlon<s> dependent In
whole or in part upon Its shape or
design during end use, and (3) which
has either no change of chemical com•
position during its end use or only
those changes of composition which
have no commercial purpose separate
from that of the PCB Article.
414
hapter I-Environmental Protedion Agency § 761.2
<u> "PCB Article Container" means
ny package, can, bottle, bag, barrel,
rum, tank or other device used to
ontaln PCB Articles or PCB Equip-
ient, and whose surface<s> has not
een In direct contact with PCBs. .
<v> "PCB Container" . means any
1ackage, can, bottle, bag, barrel, drum,
ank, or other device that contains
'CBs or . PCB Articles and whose
urface<s> has been in direct contact
1ith PCBs.
cw> "PCB Equipment" means any
unufactured item, other than a PCB
:ontainer or a PCB Article Container,
rhich contains a PCB Article or other
'CB Equipment, and includes micro-
1ave ovens, electronic equipment, and
Juorescent light ballasts and fixtures.
I ex> "PCB Item" Is defined as any
;'CB Article, PCB Article Container,
i'CB Container, or PCB Equipment,
:hat deliberately or unintentionally
lontains or has as a part of it any PCB Ir PCBs at a concentration of 50 ppm
greater.
(y) "PCB Transformer" means any
ansformer that contains 500 ppm
B or greater.
<z> "PCB-Contaminated Transform-
" means any transformer that con-
ins 50 ppm or greater of PCB but ~ than 500 ppm PCB (See
61.3l(a)(5) for provisions permitting
lassifying PCB Transformers to
~
B-Contamlnated Transformers).
aa) "Person" means any natural or
dicial person including any individu-~ corporation, partnership, or associ-
~
on: any State or political subdivi-
n thereof; any interstate body; and
Y department, agency, or instrumen-
ity of the Federal Government.
e, after its manufacture, for distri-
tion in commerce:
ment which is first leased for purposes
of use any time before July 1, 1979,
will be considered sold• for purposes
other than resale.
(dd) "Significant Exposure" means
any exposure of human beings or the
environment to PCBs as measured or
detected by any scientifically accept-
able analytical method.
<ee) "Small Quantities for Research
and Development'' means any quanti-
ty of PCBs (1 > that is originally pack-
aged 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 scien-
tific experimentition or analysis, or
chemical researc:':J. on, or analysis of,
PCBs, but not for research or analysis
for the development of a PCB product.
(ff) "Storage for Disposal" means
temporat:Y storage of PCBs that have
been designated for disposal.
(gg) "Transport Vehicle" means a
motor vehicle or rail car used for the
transportation of cargo by any mode.
Each cargo-carrying body <e.g., trailer,
railroad freight car> Is a separate
transport vehicle.
(hh> "Totally Enclosed Manner"
means any manner that will ensure
that any exposure of human beings or
the environment to any concentration
of PCBs will be insignificant; that Is,
not measurable or detectable by any
scientifically acceptable analytical
method.
(ii) "Waste Oil" means used products
primarily derived from petroleum,
which include, but are not limited to,
fuel oils, motor oils, gear oils, cutting
oils, transmission fluids, hydraulic
fluids, and dielectric fluids.
Subpart B-Di1po1al of PCB1 and PCB
Items -
~
bbl "Process" means the prepara-
n of a chemical substance or mlx-
l> In the same form or physical :... te as, or in a di'fferent form or NoTE: This subpart does not require re-111 moval of PCBs and PCB Items from service
~
;-sical state from, that In which it and disposal earlier than would normally be
received by the person so prepar-the case. However, when PCBs and PCB
such substance or mixture, or Items are removed from service and dls-
<2> As part of an article containing posed of, disposal must be undertaken In ac-chemical substance or mixture. cordance with these regulations. PCBs .(ln-
<cc> "Sale for Purposes Other than eluding soils and debris> and PCB Items le" means sale of PCBs for pur-which have been placed In a disposal site are
s of disposal and for purposes of considered to be "In service" for purposes of the applicability of this subpart. This sub-, ~xcept where use involves sale for part does not require PCBs and PCB Items I 'tbut1on In commeree. PCB Equlp~l51andflllod orlo, to F,bru.,-y n. 1978 to be
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§ 761.10
removed for dlsPosal. However. if such
PCBs or PCB Items are removed from the
disposal site, they must be disPosed of In ac•
cordance with this subpart. Other subparts
are directed to the manufacture, processing,
distribution In commerce, and use of PCBs
and may result In some cases in disposal at
an earlier date than would otherwise occur.
§ 761.10 Disposal requirements.
<a> PCBs. (1) Except as provided in
paragraphs (a)C2), (3), (4), and (5) of
this section, PCBs must be disposed of
in an incinerator which complies with
Annex I. <2) Mineral oil dielectric fluid from
PCB-Contaminated Transformers con-
taining a PCB concentration of 50
ppm or greater, but less than 500 ppm,
must be disposed of in one of the fol-
lowing:
(I) In an incinerator that complies
with Annex I§ 761.40;
(ii) In a chemical waste landfill that
complies with Annex II § 761.41 if In-
formation is provided to the owner or
operator of the chemical waste landfill
that shows that the mineral oil dielec-
tric fluid does not exceed 500 ppm
PCB and is not an ignitable waste as
described in § 761.41 (b) (8) (iii) of
Annex II;
<iii> In a high efficiency boiler pro-
vided that:
(A) The boiler complies with the fol-
lowing criteria:
(1) The boiler is rated at a minimum
of 50 million BTU hours; <2> If the boiler uses natural gas or
oil as the primary fuel, the carbon
monoxide concentration in the stack is
50 ppm or less and the excess oxygen
is at least three (3) percent when
PCBs are being burned;
(3) If the boiler uses coal as the pri-
mary fuel, the carbon monoxide con-
centration in the stack is 100 ppm or
less and the excess oxygen is at least
three (3) percent when PCBs are being
burned;
(4) The mineral oil dielectric fluid
does not comprise more than ten (10)
percent <on a volume basis) of the
total fuel feed rate; <5> The mineral oil dielectric fluid is
not fed into the boiler unless the
boiler Is operating at its normal oper-
ating temperature <this prohibits feed-
ing these fluids during either start up
or shut down operations); :
Title 40-Protedion of Environinent
< 6) The owner or operator of the
boiler:
(i) Continuously monitors and rec.
ords the carbon monoxide concentra.
tlon and excess oxygen percentage in
the stack gas while burning mineral oil
dielectric fluid; or
(ii) If the boiler will burn less than
30,000 gallons of mineral oil dielectric
fluid per year, measures and records
the carbon monoxide concentration
and excess oxygen percentage In the
stack gas at regular intervals of no
longer than 60 minutes while burning
mineral oil dielectric fluid.
< 7) The primary fuel feed rates, min-
eral oil dielectric fluid feed rates, and
total quantities of both primary fut!
and mineral oil dielectric fluid led to
the boiler are measured and recorded
at regular intervals of no longer than
15 minutes while burning mineral oil
dielectric fluid.
(8) The carbon monoxide concentra-
tion and the excess oxygen percentagr
are checked at least once every hour .
that mineral oil dielectric fluid u
burned. If either measurement falll
below the levels specified in this rule.
the flow of mineral oil dielectric fluid
to the boiler shall be stopped imrnedJ.
ately. ·
<B> Thirty days before any person
burns mineral oil dielectric fluid in tht
boiler, the person gives written nolkt
to the EPA Regional Administraw:
for the EPA Region in which lht
boiler is located and that the notiet ·
contains the following information:
(1) The name and address of lht
owner or operator of the boiler and
the address of the boiler;
(2) The boiler rating in units o!
BTU/hour;
(3) The carbon monoxide concentrl· :
tlon and the excess oxygen percentar ·
in the stack of the boiler when It ls o;,-
erated in a manner similar to Ul(
manner in which it wm · be operat~
when mineral oil dielectric fluid •
burned;and
(4) The type of equipment, apptr'·
tus, and procedures to be used to ~
trol the feed of mineral oil dielectre
fluid to the boiler and to monitor ~
record the carbon monoxide con~
tratlon and excess oxygen percent.a.tr
in the stack. · ·
. 416
pter I-Environmental Protedion Agency § 761.10
,c> When burning mineral oil dielec-<4> The waste does not comprise
, nuid, the boiler must operate at a more than ten U0> percent Con a
ti of output no less than the output volume basis> of the total fuel feed
which the measurements required rate;
.der subparagraph <B><J> were <5> The waste is not fed into the
en. boiler unless the boiler is operating at
iD> AnY person burning mineral oil its normal operating temperature <this
tectric fluid in a boiler obtains the prohibits feeding these fluids during
11owing information and retains the either start up or shut down oper-
ormation for five years at the boiler ations>;
tlon: (6) The owner or operator of the
11> The data required to be collected boiler must:
,der paragraphs <A><2> <A><6> and Ci> Continuously monitor and record
~ 7> of this section; and the carbon monoxide concentration
12> The quantity of mineral oil di-and excess oxygen percentage in the
tric fluid burned in the boiler each stack gas while burning waste fluid; or
nth; · (ii) If the boilt·r will bum less than
11,> In a facility that is approved in 30,000 gallons of waste fluid per year,
rdance with § 761.l0(e). For the measure and record the carbon mon-
rpose of burning mineral oil dielec-oxide concentration and excess oxygen
,c fluid, an applicant under percentage in the stack gas at regular
i6l.10Ce) must show that his combus-intervals of no longer than 60 minutes
n process destroys PCBs as effi-while burning waste fluid;
ntly as does a high efficiency boiler, < 7> The primary fuel feed rate, waste
defined in subparagraph <iii), or an fluid feed rate, and total quantities of
,nex I approved incinerator. both primary fuel and waste fluid fed
lll Liquids, other than mineral oil to the boiler must be measured and re-
!ectric fluid, containing a PCB con-corded at regular intervals of no
· ntration of 50 ppm or greater, but longer than 15 minutes while burning
than 500 ppm, shall be disposed waste fluid; and
Ill In an incinerator which complies
th Annex I;
Iii) In a chemical waste landfill
• ich complies with Annex II if infor-
tlon is provided to the owner or op-
tor of the chemical waste landfill
t shows that the waste does not
ceed 500 ppm PCB and is not an ig-
:able waste as described in
i61.4l(b)C8)Ciii)ot Annex II.
· 1iil> In a high efficiency boiler pro~
ed that:
1A> The boiler complies with the fol-
Ing criteria:
<!> The boiler is rated at a minimum
. 50 million BTU /hour; ·
<?> If the boiler uses natural gas or
as the primary fuel, the carbon
noxide concentration in the stack is
PPm or less and the excess oxygen
at least three (3) percent when
Bs are being burned;
IJ) If the boiler uses coal as the pri-
ry fuel, the carbon monoxide con-
tration in the stack is 100 ppm or
_ and the excess oxygen is at least
ee (3) percent when PCBs are being f?led;
(8) The carbon monoxide concentra-
tion and the excess oxygen percentage
must be checked at least once every
hour that the waste is burned. If
either measurement falls below the
levels specified in this rule, the flow of
waste to the boiler shall be stopped
immediately.
(B) Prior to any person burning
these liquids in the boiler, a::,proval
must be obtained from the EPA Re-
gional Administrator for the EPA
Region in which the boiler is located
and any persons seeking such approval
must submit to the EPA Regional Ad-
ministrator a request containing at
least the following information:
Cl) The name and address of the
owner or operator of the boiler and
the address of the boiler;
(2) The boiler rating in units of
BTU/hour;
CJ) The carbon monoxide concentra-
tion and the excess oxygen percentage
in the stack of the boiler when it is OP·
eratecl in a manner similar to the
manner in which it will be operated
when low concentration PCB liquid.is
burned;
417
. """'.;<-,.;·~ ·.f t1jt.1
lfi;it
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§ 761.10
<4> The type of equipment, appara-
tus, and procedures to be used to con-
trol the feed of mineral oil dielectric
fluid to the boiler and to monitor and
record the carbon monoxide concen-
tration and excess .:>xygen percentage
in the stack;
(5) The type of waste to be burned
(e.g., hydraulic fluid, contaminated
fuel oil, heat transfer fluid, etc.);
(6) The concentration of PCBs and
of any other chlorinated hydrocarbon
in the waste and the results of analy-
ses using the American Society of
Testing and Materials <ASTM> meth-
ods as referenced below: carbon and
hydrogen content using ASTM D-
3178, nitrogen content using ASTM E-
258, sulfur content using ASTM D-
2784, D-1266, or D-129, chlorine con-
tent using ASTM D-808, water and
sediment content using either ASTM
D-2709 or D-1796, ash content using
D-482, calorific value using ASTM D-
240, carbon residue using either ASTM
D-2158 or D-524, and flash point using
ASTMD-93;
< 7) The quantity of wastes estimated
to be burned in a thirty (30) day
period:
(8) An explanation of the procedures
to be followed to insure that burning
the waste will not adversely affect the
operation of the boiler such that com-
bustion efficiency will decrease.
(C) On the basis of the information.
in (B) above and any oth.:?r available
information, the Regional Administra-
tor may, at his discretion, find that
tbe alternate disposal method ~·ill not
present an unreasonable risk of injury
to health or the environment and ap-
prove the use of the boiler:
<D> When burning PCB wastes, the
boiler must operate at a level of
output no less than the output at
which the measurements required
under subparagraph (B)(J) were
taken: and
<E> Any person burning liquids in
boilers approved as provided in <C>
above, must obtain the following infor-
mation and retain the information for
five years at the boiler location:
(1) The data required to be collected
in paragraphs <a><3><iii><A><6> and <A>< 7) of this section;
Title 40-Protedion of Environment
<2> The quantity of low concentra.
tion PCB liquid burned in the boiler
each month. <3> The analysis of the waste re-
quired by paragraph <a><J><iii><B><o> of
this section taken once a month for
each month during which low concen-
tration PCB liquid is burned in the
boiler.
(iv) In a facility that is approved In
accordance with § 761.l0Ce). For the
purpose of burning liquids, other than
mineral oil dielectric fluid, containing
50 ppm or greater PCB, but less than
500 ppm PCB, an applicant under
§ 761.l0Ce) must show that his combus-
tion process de~:troys PCBs as effi.
ciently as does a high efficiency boiler,
as defined in § 761.l0<a><2><iii>, or an
Annex I incinerator.
<4> Any non-liquid PCBs in the fonn
of contaminated soil, rags, or other
debris shall be disposed of:
(i) In an incinerator which complies
with Annex I: or
(ii) In a chemical waste landfill
which complies with Annex II.
NOTE: Except as provided In t 761.4l<b)-
(8HII), liquid PCBs shall not be processed
into non-liquid forms to circumvent the high
temperature incineration requirements of
I 761.l0Ca>.
(5) All dredged materials and munic-
ipal sewage treatment sludges that
contain PCBs shall be disposed of:
(i) In an incinerator which complies
with Annex I:
(ii) In a chemical waste landfill
which complies with Annex II; or
(iii) Upon application, using a dispos-
al method to be approved by the Agen-
cy's Regional Administrator in the
EPA Region in which the PCBs are lo-
cated. Applications for disposal in a
manner other than prescribed in (i) or
(ii) above must be made in writing to
the Regional Administrator. The ap-
. plication must contain information
that, based on technical, environmen-
tal, and economic considers.tlons, indl•
cates that disposal In an Incinerator or
chemical waste landfill ls not reason·
able and appropriate, and that the al·
ternate disposal method will provide
adequate protection to health and tht .
environment. The Regional Adminis-
trator may request other information
that he or she believes to be necessan-:
for evaluation of the alternate dlspos·
418
apter I-Environmental Protedion Agency § 761.10
method. Any approval by the Re-cm Any person may dispose of PCB
nal Administrator shall be in writ-Small Capacitors as municipal solid
and may contain any appropriate waste, unless that person is subject to
itatlons on the approved alternate the requirements of paragraph
ethod for disposal. In addition to (b}(2}Civ).
ese regulations, the Regional Ad-(iii) Any PCB Large High or Low
inlstrator shall consider other appli-Voltage Capacitor owned by any
ble Agency guidelines, criteria, and person shall be disposed of in accord-
ulations to ensure that the dis-ance with either of the following:
arges of · dredged material and <A> Disposal in an incinerator that
udges that contain PCBs and other complies with Annex I; or
ntamlnants are adequately con-<B> Until March 1, 1981, disposal in a
lied to protect the environment. chemical waste landfill that complies
he person to whom such approval is with Annex II.
ued must comply with all limita-(iv> Any PCB Small Capacitor owned
ons contained in the approval. by any person who manufactures or at
!6) When storage is desired prior to any time manuhctured PCB Capaci-
isposal, PCBs shall be stored in a fa-tors or PCB Equipment and acquired the PCB Capacitors in the course of lity which complies with Annex III. such manufacturing shall be disposed
<bl PCB Articles-Cl> TTansfonners. of in accordance with either of the fol-
l) PCB Transformers shall be dis-lowing:
ed of in accordance with either of CA) Disposal in an incinerator which
tl1e following: complies with Annex I; or
<A> In an incinerator that complies CB> Until March 1, 1981, disposal in a
'lith Annex I; or chemical waste landfill which complies
!Bl In a chemical waste landfill with Annex II. ·
'lhlch complies with Annex II; pro-<v> Notwithstanding the restrictions
tided that the transformer is first imposed by § 761.10(b)(2)(iil)(B) or
drained of all free flowing liquid, filled (b)(2}<iv>CB>, PCB capacitors may be
Yiith solvent, allowed to stand for at disposed of in PCB chemical waste
least 18 hours, and then drained thor-landfills that comply with Annex II
oughly. PCB liquids that are removed subsequent to March 1, 1981; if the As-
shall be disposed of in accordance with sistant Administrator for Pesticides
paragraph Ca> of this section. Solvents and Toxic Substances publishes a
may include kerosene, xylene, toluene notice in the FEDERAL REGISTER declar-
111d other solvents in which PCBs are ing that those landfills are available
readily soluble. Precautionary meas-for such disposal and explaining the
ures should be taken, however, that reasons for the extension or reopen-
the solvent flushing procedure is con-ing. An extension or reopening for dis-
ducted in accordance with applicable posal of PCB capacitors that is grant-
safety and health standards as re-ed under this subsection shall be sub-
quired by Federal or State regulations. Ject to such terms and conditions as
<ii> PCB-Contaminated Transform-the Assistant Administrator may pre-
ers shall be disposed of by draining all scribe and shall be in effect for such
free flowing liquid from the trans-period as the Assistant Administrator
former and disposing of the liquid in may prescribe. The Assistant Adminis-
accordance with paragraphs (a)C2) trator may permit disposal of PCB ca-
above. The disposal of the drained pacitors in EPA approved chemical
transformer is not regulated by this waste landfills after March 1, 1981, if rule. in his opinion, ·
<2> PCB Capacitors. (i) The disposal (1) Adequate incineration capability or any capacitor normally used in al-for PCB capacitors is not available, or
ternating current circuits shall comply C2> The incineration of PCB capaci-
V,ith all requirements of this subpart tors will significantly interfere with
unless it is known from labei or name-the incineration of liquid PCBs, or
Plate information, manufacturer's lit-<3> There is other good cause shown.
erature, or chemical analysis that the As part of this evaluation, the Assist-
capacitor does not contain PCBs. ant Administrator will consider the
419
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§ 761.10
impact of his action on the incentives
to construct or expand PCB inciner-
ators.
<vi) Prior to disposal in an Annex II
chemical waste landfill, all large PCB
capacitors, and all small PCB capaci-
tors described in § 761.10(b)C2)(iv),
shall be placed in one of the Depart-
ment of Transportation specification
containers identified in § 761.42(c)(6)
or in containers that comply with 49
CFR 178.118 (specification 17H con-
tainers). Large PCB capacitors which
are too big to fit inside one of these
containers shall be placed in a contain-
er with strength and durability equiva-
lent to the DOT specification contain-
ers. In all cases, interstitial space in
the container shall be filled with suffi-
cient absorbent material <such as saw-
dust or soil) to absorb any liquid PCBs
remaining in the capacitors.
(3) PCB hydraulic machines. PCB
hydraulic machines such as die casting
machines may be disposed of as mu-
nicipal solid waste or salvage provided
that the machines are drained of all
free-flowing liquid and the liquid is
disposed of in accordance with the
provisions of § 761.l0<a). If the PCB
liquid contains 1000 ppm PCB or
greater, then the hydraulic machine
must be flushed prior to disposal with
a solvent containing less than 50 ppm
PCB (see transformer solvents at
§ 761.l0(b)(l)(l)CB)) and the solvent
disposed of in accordance with
§ 761.l0(a).
(4) Other PCB Articles must be dis-
posed of:
(l) In an incinerator that complies
with Annex I; or cm In a chemical waste landfill that
complies with Annex II, provided that
all free-flowing liquid PCBs have been
thoroughly drained from any articles
before the articles are placed in the
chemical waste landfill and that the
drained liquids are disposed of in an
incinerator that complies with Annex
I.
(5) Storage of PCB Articles. Except
for a PCB Article described in para-
graph <b><2><U> and hydraulic ma-
chines that comply with the municipal
solid waste disposal provisions de-
scribed in paragraph (b)(3), any PCB
Article shall be stored In accordance
with Annex III prior to disposal.
Title 40-Protedion of Environ111e111 t
Cc) PCB Containers. Cl) Unless clt--·1
contaminated in compliance V.itt :
Annex IV or as provided in (2) beloV; ,
PCB Container shall be disposed or: ·
([) In an incinerator which cotnplib I
with Annex I, or ·I.
(ii) In a chemical waste landfill the
complies with Annex II; provided t~
if there are PCBs in a ]~quid state, tht ·
PCB Container shall first be dr~
and the PCB liquid disposed of In 1/
cordance with paragraph <a> of tlui
section. <2> Any PCB Container used to co:;.
tain only PCBs at a concentration lesa ·
than 500 ppm shall be disposed of &a
municipal solid wastes; provided tlu:
if the PCBs are 1n a liquid state, lht
PCB Container shall first be draint"d
and the PCB liquid shall be disl>O&fd
of in accordance with paragraph Ca> o!
this section.
(3) Prior to disposal, a PCB cont.al:).
er shall be stored in a facility v:hldi
complies with Annex III.
<d> Spills. Cl) Spills and other unco
trolled discharges of PCBs constltul(
the disposal of PCBs.
(2) PCBs resulting from splll cit
up and removal operations shall bt
stored and disposed of in accorda.n('f
with paragraph (a) of this section. ·
order to determine if a spill of P
has resulted in a contamination It
that is 50 ppm of PCBs or greater
soil, gravel, sludge, fill, rubblt, or
other land based substances. Ult ·
person who spills PCBs should cons;;! :
with the appropriate EPA Reglo
Administrator to obtain informatl
on sampling methods and anal> .
procedures for determining the PCI
contamination level .associated •1
the spill.
(3) This paragraph does not exe
any person from any actions or UabJ
ty under other statutory authoritlr.t
including section 311 of the Cl
Water Act and the Resource Const
tion and Recovery Act.
Ce) Any person who ls required to
cinerate any PCBs and PCB Jt
under this subpart and who can
onstrate that an alternative meth~
destroying PCBs and PCB Items u
and that this alternative method
achieve a level of performance eQU
lent to Annex I incinerators or
efficiency boilers as provided
420
C)lopter I-Environmental Protedion Agency § 761.10
1 i61.10<a)(2)(iv> and § '161.lO<a><3><iv),
~Y submit a written request to the
~gional Administrator for an exemp-
:j>O from the incineration require-·
:itnts of Annex I. The applicant must
1110w that his method of destroying
?CBs will not present an unreasonable
:'.sit of injury to health or the environ-
::itnt. On the basis of such informa-
::on and any available information,
:lie Regional Administrator may, in
~ls discretion, approve the use of the
iJternate if he finds that the alternate
~:sposal method provides PCB de-
11ruction equivalent to disposal in an
Annex I incinerator and will not pres-
•nt an unreasonable risk of injury to
'ltalth or the environment. Any ap-
,roval must be stated in writing and
::iay contain such conditions and pro-
;~ions as the Regional Administrator
~t"tms appropriate. The person to
Thom such waiver is issued must
comply with all limitations contained
Li such determination.
(f)(l) Each operator of a chemical
n.ste landfill, incinerator, or alterna-
' live to incineration approved under
i)aragraph (e) shall give the following ·
ITitten notices to the state and local
iovernments within whose jurisdiction
the disposal facility is located:
(I) Notice at least thirty (30) days
~fore a facility is first used for dis-
;iosal of PC:13s required by these regu-
:auons; and
<iil At thE: request of .any state or
:ocal government, annual notice of the
quantities and general description of
PCBs disposed of during the year.
t,> This annual notice shall be given no more than thirty (30) days after the
· end of the year covered. .
!ill) The Regional Administrator
may reduce the notice period required
by § 761.l0(f)(l)(i) from thirty days to
a Period of no less than five days in
order to expedite interim approval of
the chemical waste landfill located in
Sedgwick County, Kansas. .
<2> Any person who disposes of PCBs Under a §'161.10(a)(5)(iiil incineration
~, or chemical waste landfilling waiver
shall give written notice at least thirty
l30> days prior to conducting the dis-
PosaJ activities to the state and local
governments within whose jurisdiction
the disposal is to take place.
(g) Testing procedures. (1) Owners or
users of mineral oil dielectric fluid
transformers may use the following
procedures to determine the concen-
tration of PCBs in the dielectric fluid:
Cl) Dielectric fluid removed from
mineral oil dielectric fluid transform-
. ers may be collected in a common con-
tainer, provided that no other chemi-
cal· substances or. mixtures are .added
to the container.
(ti) For purposes of complying with
the marking and disposal require-
ments, representative samples may be
taken from either the common con-
tainers or the individual transformers
to determine th£• PCB concentration,
except that if an,7 PCBs at a concen-
tration of 500 ppm or greater have
been added to the container then the
total container contents must be con-
sidered as having a PCB concentration
of 500 ppm or greater for purposes of
complying with the disposal require-
ments of this subpart. For purposes of
this subparagraph, representative
.samples of mineral oil dielectric fluid
are either samples taken in accordance
with American Society of Testing and
Materials method D-923 or samples
taken from a container that has been
thoroughly mixed in a manner such
that any PCBs in the container are
uniformly distributed throughout the
liquid in the container.
(2) Owners or users of waste oil may
use the following procedures to deter-
mine the PCB concentration of waste
oil:
<i> Waste oil from more than one
source may be collected in a common
container, provided that no other
chemical substances or mixtures, such
as non-waste oils, are added to the
container. _
(ii) For purposes of complying with
the marking and disposal require
ments, representative samples may be
taken from either the common con-
tainer or individual containers to de-
termine the PCB concentration except
that if any PCBs at a concentration of
500 pm or greater have been added to
the container then the total container
contents must be considered as having
a PCB concentration of 500 ppm or
greater for purposes of complying
with the disposal requirements of this
subpart. For purposes of this subpara-
421
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il .{:r
··~.r~::·
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§ 761.20
graph, representative samples of waste
oil are either samples taken in accord-
ance with American Society of Testing
and Materials D-923 method or sam-
ples taken from a container that has
been thoroughly mixed in a manner
such that any PCBs in the container
are uniformly distributed throughout
the liquid in the container.
<h> Requirements for export and
imPoit of PCBs for purposes of dispos-
al and PCB Items for purposes of dis-
posal are found in § 761.30.
[44 FR 31542, May 31, 1979. as amended at
44 FR 54297. Sept. 19, 1979; 45 FR 20475,
Mar. '28, 1980]
S~bpart C-Marking of PCB1 and PCB
Items
§ 761.20 Marking requirements.
. ea, Each of the following items in
exlstence on or after July 1, 1978 shall
be marked as illustrated in Figure 1 in
Annex V-§ 761.44<a>: The mark illus-
trated in Figure 1 is referred to as ML
throughout this subpart.
<1) PCB Containers;
(2) PCB Transformers at the time of
manufacture, at the time of distribu-
tion in commerce if not already
marked, and at the time of removal
from use if not already marked.
[Marking of PCB-Contaminated
Transformers is not required];
(3) PCB Large High Voltage Capacl-
to1s at the time of manufacture, at the
time of distribution in commerce if not
already marked, and at the time of re-
. moval from use If not already marked;
(4) Equipment containing &. PCB
Transformer or a PCB Large High
Voltage Capacitor at the time of man-
ufacture, at the time of distribution in commerce if not already marked, and
at the time of removal of the equip-
ment from use if not already marked;
<5> PCB Large Low Voltage Capaci-
tors at . the time of removal from use;
(6) Electric motors using PCB cool-
ants <See also § 761.20Ce».
<7) Hydraulic systems using PCB hy-
draulic fluid <See also I 761.20Ce»;
<8) Heat transfer systems <other
than PCB Transformers> usinr PCBs
<See also I 761.20<e»;
<9> PCB Article Containers contain-
ing articles or equipment that must be
Title 40-Protedion of Environ-.
marked under provisions (1) throu. (8) above; ·
(10) Each storage area used to Sk
PCBs and PCB Items for dlsposaL
Cb) As of October 1, 1978, each trai
port vehicle shall be marked on ti.
end and side with ML as described
Annex V-§ 761.44<a> if it is Joac
with PCB Containers that contt
more than 45 kg (99.4 lbs.) of PCBs
the liquid phase or with one or Ille
PCB Transformers <See 11
I 1af.20<e».
~ of January 1, 1979, the folio
ing PCB Articles shall be marked '-t
mark ML as described in Annex v
I 761.44<a>: .
(1) All PCB Transfonners II
marked under paragraph <a> of t.t
section <Marking of PCB-Contam1na
ed Transformers is not required); ,
C2) AJl PCB Large High Voltage c
pacitors not marked under par&i?li
Ca> of this section •
Ci) Will be marked individually '1
mark ML, or 1 CU) If one or more PCB Large Hl(
Voltage Capacitors are installed In
protected location such as on a po1,
pole, or structure, or behind a feoc
the pole, structure, or fence shall I
marked with mark ML, and a record i
procedure identifying the PCB Cal)ll
tors shall be maintained by the O'-"C
or operator at the protected location:
Cd) As of January 1, 1979, all PC
Equipment containing a PCB Sm1
Capacitor shall be marked at the ti=
of manufacture with the statemei
"This equipment contains . PC
CapacitorCs)". The mark shall be j
the same size as the mark ML. l Ce> As of October 1, 1979, appllca!i
POB Items in paragraphs Cal<ll.
<7>, and (8) containing PCBs In
centratlons of 50 to 500 ppm and
plicable transport vehicles In
graph Cb) loaded with PCB Cont&!
that contain more than 45 kg I
lbs.) of liquid PCBs ln concenlra
of 50 ppm to 500 ppm shall be m
·with mark ML as described In
V-§ 761.44Ca>.
Cf> Where mark ML ls speclfltd
the PCB Article or PCB Equlpm
too small to accomodate the sm
permissible size of mark ML, marl:
as described in Annex V-1761.4
may be used instead of mark ML•
422
pter I-Environmental Protedion Agency § 761.30
111 Eaeh large low voltage capacitor,
h small capacitor normally used in
mating current circuits, and each
0rescent light ballast manufactured
anufactured", for purposes of this
tence, means bulit> between July 1,
,8 and July 1, 1998 that do not con-
' PCBs shall be marked by the
ufacturer at the time of manufac-'
with the statement, "No PCBs".
e mark shall be of similar durability
~ readability as other marking that
lcate electrical information, part
, bers, or the manufacturer's name.
r purposes of this paragraph mark-
' requirement only ls applicable to
ms built. domestically or abroad
'ter June 30, 1978.
rh> All marks required by this sub-
must be placed in a position on
t exterior of the PCB Items or
L"allSport vehicles so that the marks
Qll be easily read by any persons in-
ting or servicing the marked PCB
tt•ms or transport vehicles.
, <i> Any chemical substance or mix-
ture that is manufactured after the ef-
ftetive date of this rule and that con-
tains less than 500 ppm PCB (0.05% on
a dry weight basis), including PCB
lhat is a byproduct or impurity, must
be marked in accordance with any re-
quirements contained in the exemp-
Uon granted by EPA to permit such
manufacture and is not subject to any
other requirement in this subpart
unless so specified in the exemption.
This paragraph applies only to con-
tainers of chemical substances or mix-
tures. PCB articles and equipment into
which the chemical substances or mix-
tures are processed, are subject to the
marking requirements contained else-•here In. this subpart.
;
Subpart D-Manufacturing Processing,·
Distribution in Commerce, and Use
of PCBs and PCB Items
I i61.30 Prohibitions.
Except as authorized in § 761.31, the
!Ctlvlties listed In paragraphs <a> and
ldl of this section are prohibited pur-
suant to section 6(e)(2) of TSCA. The
requirements set forth In paragraphs
lb) and Cc> of this section concerning
export and import of PCBs for pur-
Poses of disposal and PCB Items for
purposes of disposal are established
pursuant to section 6Ce><l> of TSCA.
Subject to any exemptions granted
pursuant to section 6(e)(3)(B) of
TSCA, the · activities listed in para-
graphs (b) and <c> of this section are
prohibited pursuant to section
6Ce)C3><A> of TSCA. In addition, the
Administrator hereby finds, under the
authority of section 12<a><2> of TSCA,
that the manufacture, processing, and
distribution in commerce ·of PCBs and
PCB Items for export from the United
States presents an unreasonable risk
of injury to health within the United
States. This finding is based upon the
well-documented human health and
environmental hn.zard of PCB expo-
sure; the high p1·obability of human
and environmental exposure to PCBs
and PCB Items from manufacturing,
processing, or distribution activities;
the potential hazard of PCB exposure
posed by the transportation of PCBs
or PCB Items within the United
States; and the evidence that contami-
nation of the environment by PCBs is
spread far beyond the areas where
they are used. In addition, the Admin-
istrator hereby finds that any expo-
sure of human beings or t1'e environ-
ment to PCBs as measured or detected
by any scientifically acceptable analyt-
ical method is a significant exposure,
as · defined in § 761.2(dd). Section
761.2(hh) and TSCA section 6Ce)C2><C>
define the term totally enclosed
manner as "any manner which will
ensure that any exposure of human
beings or the environment to s. poly-
chlorinated biphenyl will be insignifi-
cant .... " Since any exposure to PCBs
is found to be a significant exposure, a
totally enclosed manner is a manner
that results in no exposure of humans
or the environment to PCBs. The fol-
lowing activities are considered · totally
enclosed: distribution in commerce
and use (except servicing) of intact,
non-leaking PCB Transformers or
PCB-Contaminated Transformers
<except those used in railroad locomo-
tives or self-propelled cars>; distribu-
tion in commerce and use <except serv-
icing> of intact, non-leaking PCB elec-
tromagnets; distribution in commerce
and use of intact, non-leaking PCB Ca-
pacitors; and processing, distribution
in commerce, and use of PCB Equip-
423
NJ 117 0 IIO--2K
f tf/
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§ 761.30
ment containing an intact, non-leaking
PCB Capacitor.
<a> No person may process, distrib-
ute in .commerce, or use any PCB or.
PCB Item in any manner other than
in a totally enclosed manner within
the United States or export any such
PCB or PCB Item.\from the United
States unless authorized under
§ 761.31 of · this subpart. Section
761.30(a) is superseded by § 761.30cc)
for processing and distribution in com-
merce of PCBs and PCB Items on the
dates when that section becomes effec-
tive.
(b) No person may manufacture
PCBs for use within the United States
or manufacture PCBs for export from
the United States without an exemp-
tion except ths.t:
( 1) PCBs or PCB Items may be im-
ported for purposes of disposal until
May 1, 1980, provided that the dispos-
al is in accordance with § 761.10; and .
(2) PCBs or PCB Items may be ex-
ported for disposal until May 1, 1980,
in accordance with the requirements
of § 761.30(c)(3).
(c) Effective July 1, 1979, no person
may process or distribute in commerce
any PCB or PCB Item for use within
the United States or for export from
the United States without an exemp-
tion except that: ..
(1) PCBs or PCB Items sold before
July 1, 1979, for purposes either than
resale may be distributed in commerce
only in a totally enclosed manner after
that date;
(2) PCBs or PCB Items may be proc-
essed and distributed in commerce in
compliance with the requirements of
this part for purposes of disposal in ac-
cordance with the requirements of
I 761.10;
(3) PCBs or PCB Items may be ex-
ported for disposal until May 1, 1980,
if an export notice is submitted at
least thirty (30) days before the first
shipment in any calendar year leaves
the customs territory of the United
States. Export notices must be submit-
ted to the Document Control Officer
<TS-793), Office of Toxic Substances,
U.S. Environmental Protection
Agency, 401 M Street, S.W., Washing-
ton, D.C. 20460. The generator of the
PCB waste material intended for dis-
posal, or an agent acting on his behalf,
Title 40-Protedion of Environment
· must certify to the best of his knowl-
edge and belief that the information is
complete and accurate. Each notice
should contain the following informa-
tion:
(i) Name, company name, address
and telephone number of the owner oi
the PCB waste material to be exported
and the name and address of any
person or agent acting on his behalf;
(ii) Estimated quantity of wastes to
be shipped during the calendar year
and the estimated number of ship.
ments to be made and the dates when
such shipments are expected to leave
the customs territory of the United
States;
(iii) Description of the PCBs or PCB
Items being exported;
(iv) Country(s) of destination for the
shipments;
<v> Name and address of facility(sl
receiving the shipment and person<s>
responsible for . receiving the
shlpment<s>.
(vi) Method(s) of disposal and pre-
cautions taken to control release into
the environment.
<vii) No less than 30 days after the
end of each calendar quarter <March •
31, June 30, September 30, and Decem-_j_
ber 31) during which PCBs were ex-,
ported for disposal, each person ex-:
porting the PCBs must submit a ~
report to the Document Control Offl-1
cer (TS-793), Office of Toxic Sub-f
stances, U.S. Environmental Protec-(.
tlon Agency, 401 M Street, S.W .• !
Washington, D.C. 20460. The report t
shall list the quantity of PCB wastes I in each shipment made during the
quarter and include the date when
each shipment left the customs terr!• ·
tory of the United States and the in-
formation specified in paragraph!
(c)(3)<i) and (iii) through <vi> above. It
the quantity of wastes shipped durtnr
the calendar year exceeds by 25 per•
cent or more the estimated quantities
reported in cm above, a special export
notice must be submitted to the Docu•
ment Control Officer (TS-793) at tht
address given in paragraph (3) at leut_
30 days before any additional ship-
ments leave the customs territory of
the United States and the notice shall
include the information specified it'
paragraphs (c)(3)(1) . through <rl>
above.
424
§ 761.31 , J o,opter I-Environmental Protection Agency
. .vr!\-,)j cvlll> AnY person expecting to export building of a PCB-Contaminated
-~-;c:lr pCB wastes for disposal in calendar Transformer must be captured and %-i JtaI' 1980 must submit an export either reused as dielectric fluid or dis-_'/1, cotlce at least thirty (30) days before posed of in accordance with the re-
n,.· :he first shipment leaves the customs quirements of Subpart B. PCBs from
urrltory of the United States to the PCB Transformers must not be mixed
t)oCument Control Officer <TS-793) at with or added to dielectric fluid from
uie address given in paragraph (3), PCB-Contaminated Transformers.
\f ,.,,.';I .-i--;:·1, ;~(t
111d the notice shall contain the infor-(5) A PCB Transformer may be con-
l!!Ation listed in paragraphs (c)(3)(i) verted to a PCB-Contaminated Trans-
uirough <vi>. former .by draining, refilling, and oth-
(dl The use of waste oil that con-erwise servicing the transformer with
l1lnS any detectable concentration of non-PCB dielectric fluid so that after
PCB as a sealant, coating, or dust con-a minimum of three months of in-serv-
uol agent is prohibited. Prohibited ice use subsequent to the last servicing
l'SeS include, but are not limited to, conducted for the purpose of reducing
road oiling, general dust control, use the PCB concentration in the trans-
1u pesticide or herbicide carrier, and former, the tra:1Sformer's dielectric
~ as a rust preventative on pipes. fluid contains les.. than 500 ppm PCB
I i61.31 Authorizations. ;
The following non-totally enclosed
PCB activities are authorized pursuant
to section 6(e)C2><B> of TSCA:
(a) Seroicing transformers <other
:han railroad transformers>. PCBs
::uy be processed, distributed in com-
merce, and used for the purposes of
ttrvlclng including rebuilding trans-
ronners Cother than transformers for
l'lllroad locomotives and self-propelled
l'lllroad cars> in a manner other than
& totally enclosed manner until July 1,
1984, subject to the following condi-tions: ·
m Regardless of its PCB concentra-
tion, dielectric fluids containing less
than 500 ppm PCB that are mixed
lith fluids that contain 500 ppm or
neater PCB must not be used as di-
tlectrlc fluid in any transformer. Di-
tlectric fluid from PCB-Conta.rwnated
l'tansformers may be assumed to have ~ than 500 ppm PCBs.
12) PCB-Contaminated Transform-trs <as defined In § 761.2Cz)) may only
bt serviced (including rebuilding) with
dielectric fluid containing less than
$00ppmPCB.
!ng<3> Any servicing (including rebuild-
> of PCB Transformers <as defined
(on a dry weight basis>.
(6) Any PCB dielectric fluid that is
on hand to service a PCB Transformer
or a PCB-Contaminated Transformer
must be stored in accordance with the
storage for disposal requirements of
Annex III < § 761.42).
(7) After July 1, 1979, processing and
distribution in commerce of PCBs for
purposes of servicing transformers is
permitted only for persons who are
granted an exemption under TSCA
section 6Ce)C3><B>.
(b) Use in and servicing of railroad
transformers. PCBs may be used in
transformers in railroad locomotives
or railroad self-progelled cars ("rail-
road transformers") and may be proc-
essed and distributed in commerce for
purposes of servicing these transform-
ers in a manner other than a totally
enclosed manner until July 1, 1984,
subject to the following conditions:
(1 > Use Restrictions. (i) After Janu-
ary 1, 1982, use of railroad transform-
ers that contain dielectric fluids with a
PCB concentration greater than 60,000
ppm (6.0% on a dry weight basis) ii:
prohibited;
~ I 761.2(y)) that requires the removal f the transformer coil from the trans-l 0rrner casing is prohibited. PCB
.f ~formers may be topped off with
(ll) After January 1, 1984, use of rail-
road transformers which contain di-
electric fluids with a PCB concentra-
tion greater than 1000 ppm (0.10% on
a dry weight basis} is prohibited;
(lil) The concentration of PCBs in
the dielectric fluid contained In rail-
road transformers must be measured: • '-B dielectric fluid.
,<4> PCBs removed during servicing
• 0 a PCB Transformer or PCB-Con-1 llininated Transformer or during re-
CA) Immediately upon completion of
any authorized servicing of a railroad
transformer conducted for the pur-
425
§ 761.31
pose of reducing the PCB concentra-
tion in the dielectric fluid in the trans-
former: and
(B) Between 12 and 24 months after
each servicing conducted in accord-
ance with paragraph <b)(l)(iii)(A);
CC) The data obtained as a result of
paragraphs (b)(l)(iii)(A) and <B> above
shall be retained until January 1, 1991.
(2) Servicing restrictions. (i) If the
coil is removed from the casing of a
railroad transformer (e.g., the trans-
former is rebuilt), after January 1,
1982. the railroad transformer may not
be refilled with dielectric fluid contain-
ing a PCB concentration greater than
50 ppm;
(ii) After January 1, 1982, railroad
transformers may only be serviced
with dielectric fluid containing less
than 60,000 ppm PCBs, except as pro-
vided in Ci) above;
(iii) After January 1, 1984, railroad
transformers may only be serviced
with dielectric fluid containing less
than 1000 ppm PCB, except as pro-
vided in Ci) above;
(iv) Dielectric fluid may be filtered
through activated carbon or otherwise
industrially processed for the purpose
of reducing the PCB concentration in
the fluid;
(v) Any PCB dielectric fluid that is
used to service PCB railroad trans-
formers must be stored in accordance
with the storage for disposal require-
ments of Annex III C § 761.42);
(vi) After July 1, 1979, processing
and distribution In commerce of PCBs
for purposes of servicing railroad
transformers Is permitted only for per-
sons who are. granted an exemption
under TSCA section 6Ce)<3><B>.
<c> Use in and servicing of mining
equipmenL PCBs may be used in
mining equipment and may be proc-
essed and distributed in commerce for
purposes of servicing mining equip-
ment in a manner other than a totally
enclosed manner until January 1,
1982, subject to the following condi-
tions:
. <1) PCBs may be added to motors in
mining equipment in mines or mining
areas until January 1, 1982; .
<2> PCB motors In loader-type
mining equipment must be rebuilt as
air-cooled or other non-PCB-contain-
Title 40-Protection of Environment
Ing motors whenever the motor is re.
· turned to a service shop for servicing;
(3) PCB motors In continuous miner.
type equipment may be rebuilt as PCB
motors until January 1, 1980;
(4) Any PCBs that are on hand to
service or repair mining equipment
must be stored in accordance with the
storage for disposal requirements or
Annex III < § 761.42);
(5) After July 1, 1979, processing·and
distribution in commerce of PCBs for
purposes of servicing mining equip-
ment ls permitted only for persons
who are granted an exemption under
TSCA section 6<e><3><B>.
Cd> Use fa heat transfer systemJ.
PCBs may be ,wed in heat transfer
systems In a manner other than a to-
tally enclosed manner until July I.
1984, subject to the following condi-
tions:
< 1 > Each person who owns a heat
transfer system that ever contained
PCBs must test for the concentration
of PCBs In the heat transfer fluid o!
such a system no later than November
1, 1979, and at least annually therear.
ter. All test sampling must be per-
formed at least three months after the
most recent fluid refilling. When a
test shows that the PCB concentration
ls less than 50 ppm, testing under this i
paragraph in no longer required; t
(2) Within six (6) months of a test !
performed under paragraph (d)(l) f
that Indicates that a system's fluid I
contains 50 ppm or greater PCD 5
(0.005% on a dry weight basis>. thr i
system must be drained of the PCBs •
and refilled with fluid containing less i;
than 50 ppm PCB. Topping-off with ~
non-PCB heat transfer fluids lo
reduce PCB concentrations is permit·
ted;
(3) After November 1, 1979, no heat
transfer system that Is used in thr
manufacture or processing of any
food, drug, cosmetic, or device, as dr·
fined in § 201 of the Federal Food.
Drug, and Cosmetic Act, may contain
heat transfer fluid with 50 ppm or
greater PCB (0.005% on a dry weight
basis);
(4) Addition of PCBs to a heat trans·
fer system ls prohibited.
(5) Data obtained as a result of para·
graph (d)(l) must be retained for fh-r .
426
pter I-Environmental Protection Agency § 761.31
s, years after the heat transfer
tem reaches 50 ppm PCB;
<e> Use in hydraulic systems. PCBs
y be used in hydraulic systems and
y be processed and distributed in
commerce for purposes of filtering,
d!Stilling, or otherwise reducing the
concentration of PCBs in hydraulic
nuids in a manner other than a totally
tnclosed manner until July 1, 1984,
bJect to the following conditions:
· <l) Each person who owns a hydrau-
system that ever contained PCBs
must test for the concentration of
PCBs in the hydraulic fluid of each
,uch system no later than November 1,
1979, and at least annually thereafter.
I test sampling must be performed
at least three months after the most
recent fluid refilling. When a test
shows that the PCB concentration Is
Jess than 50 ppm, testing under this
subparagraph is no longer required;
<2> Within siX-(6) months of a test
under paragraph Ce){l) that indicates
that a system's fluid contains 50 ppm
or greater PCB (0.005% on a dry
,,eight basis), the system must be
drained of the PCBs and refilled with
fiuld containing less than 50 ppm
PCB. Topping-off with non-PCB hy-
draulic fluids to reduce PCB concen-
trations is permitted;
(3) Addition of PCBs to a hydraulic
system is prohibited;
<4> Hydraulic fluid may be drained
from a hydraulic system and filtered,·
distilled, or otherwise serviced in order
to reduce the PCB concentration
below 50 ppm;
<5> After July 1, 1979, processing and
distribution in commerce of PVBs for
purposes of servicing hydraulic sys-
tems is permitted only for persons
who are granted an exemption under
TSCA section 6Ce)C3)CB>;
<6> Data obtained as a result of para-
graph <e><D above must be retained
for five years after the hydraulic
system reaches 50 ppm.
<O Use in carbonless copy paper.
Carbonless copy paper containing
PCBs may be used in a manner other
. than a totally enclosed manner indefi-nitely.
(g) Pigments. Diarylide and Phthalo-
cyanln pigments that contain 50 ppm
or greater PCB may be processed, dis-
tributed in commerce, and used in a
manner other than a totally enclosed
manner until January 1, 1982, except
that after July 1, 1979, processing and
distribution in commerce of diarylide
or phthalocyanin pigments that con-
tain 50 ppm or greater PCB is permit-
ted only· for persons who are granted
an exemption under TSCA section
6(e){3)CB).
Ch) Servicing electromagnets. PCBs
may be processed, distributed in com-
merce, and used for the purpose of
servicing electromagnets until July 1,
1984, in a manner other than a totally
enclosed manner subject to the follow-
ing requirements: .
(1) PCBs removed during servicing
must be captured and either returned
to the electromagnet, reused as a di-
electric fluid, or disposed of in accord-
ance with Subpart B {§ 761.10>;
<2> Servicing of PCB electromagnets
(including rebuilding) which requires
the removal of the coil from the
casing is prohibited.
<3> Any PCBs that are on hand to
service a PCB electromagnet must be
stored in accordance with the storage
for disposal requirements of Annex III
(§ 761.42);
(4) After July 1, 1979, processing and
distribution in commerce of PCBs for
purposes of servicing electromagnets is
permitted only for persons who art:
granted an exemption under TSCA
section 6CeJC3J(BJ.
(i) Use in natural gas pipeline com-
pressors. PCBs may be used in natural
gas pipeline compressors until May 1,
1980, in a manner other than a totally
enclosed manner.
<J> Small quantities for research and
development. PCBs may be processed,
distributed in commerce, and used in
small quantities for research and de-
velopment, as defined in § 760.2Cee>, in
a manner other than a totally en-
closed manner until July 1, 1984,
except that after July 1, 1979, process-
ing and distribution in commerce of
PCBs in small quantities for research
and development is permitted only for
persons who have been granted an ex-
emption under TSCA section
6Ce)C3><B>.
Ck) Microscopy mounting medium.
PCBs may be processed, distributed in
commerce, and used as a mounting
medium in microscopy in a manner
427
,.
'"' . . . ~--. < <
I·tit;?f}f
iJ;.;';~~:
·~:.
tt s::·~:.
.
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-.. .,..,
~ .. ,~."~1-~•~.t: ' it , "i(:~i'T~, :,,-;_~ ; --}jl
§ 761.40
other than a totally enclosed manner
until July 1, 1984, except that after
July 1, 1979, processing and distribu-
tion in commerce of PCBs for pur-
poses of use as a mounting medium in
microscopy are permitted only for per-
sons who are granted an exemption
under TSCA section 6(e)<3><B>.
Title 40-Protedion of Environme
<5) The flow of PCBs to the incin1
ator shall stop automatically whf
ever the combustion temperati;
drops below the temperatures spe
fled in paragraph (a)(l) of this sectic
(6) Monitoring of stack emissi
products shall be conducted:
Subpart E-List of Annexes
ANNEX I
§ 761.40 Incineration.
<a} Liquid PCBs. An incinerator used
for incinerating PCBs shall be ap-
proved by the Agency Regional Ad-
ministrator pursuant to paragraph Cd)
of this section. The incinerator shall
meet all of the requirements specified
in paragraph <a><l> through (9) of this
section, unless a waiver from these re-
quirements is obtained pursuant to
paragraph (d)(5) of this section. In ad-
dition, the incinerator shall meet any
other requirements which may be pre-
scribed pursuant to paragraph (d)(4)
of this section.
(1) Combustion criteria shall be
either of the following:
(i) Maintenance of the introduced
liquids for a 2-second dwell time at
1200°C<±l00°C) and 3 percent excess
oxygen in the stack gas; or
(ii) Maintenance of the introduced
liquids for a 1 ½ second dwell time at
l600°C(±l00°C) and 2 percent excess
oxygen in the stack gas.
<2> Combustion efficiency shall be at
least 99.9 percent computed as follows:
Combustion efficiency= Cco,/Cco, + Ceo x 100
where
Cco,=Concentratlon of carbon dioxide.
Ceo= Concentration of carbon monoxide.
<3> The rate and quantity of PCBs
which are fed to the combustion
system shall be measured and record-
ed at regular intervals of no longer
than 15 minutes.
· .. <4> The temperatures of the inciner-
ation process shall be continuously
measured and recorded. The combus-
tion temperature of the incineration
process shall be based on either direct
(pyrometer) or indirect <wall thermo-
couple-pyrometer correlation> tem-
perature readings.,:•:·: ... ,.
(i) When an incinerator is first lli
for the disposal of PCBs under t
provisions of this regulation;
<ii> When an incinerator is first u~
for the disposal of PCBs after the
cinerator has been modified in
manner which may affect the char.
teristics of the stack emission pn
ucts; and
(iii) At a minimum such monitori
shall be conduct.?d for the follow i
parameters: <a>O,; (b) CO; (c) CO,;
Oxides of Nitrogen <NO.); <e> Hyd
chloric Acid <HCD; Cf> Total Chlorir.
ed Organic Content <RCD; (g) PC
and (h) Total Particulate Matter.
(7) At a minimum monitoring :
recording of combustion products ,
incineration operations shall be c
ducted for the following parame;
whenever the incinerator is incine
ing PCBs; (i) o.; (ii) CO; and (iii) (
The monitoring for o. and CO shal
continuous. The monitoring for 1
shall be periodic, at a frequency sp
fied by the Regional Administrator
(8) The flow of PCBs to the inci:
ator shall stop automatically w
any one or more of the following 1
ditlons occur unless a contingt
plan is submitted by the inciner.
owner or operator and approved
the Regional Administrator and
contingency plan indicates what a1
native measures the incinerator 0\1
or operator would take if any of
following conditions occur:
(i) Failure of monitoring operat
specified in paragraph <a><7> of
section;
(ii) Failure of the PCB rate
quantity measuring and recor1
equipment specified in paragr
(a)(3) of this section; or
(iii) Excess oxygen falls below
percentage specified in parag:
(a)(l) of this section.
<9> Water scrubbers shall be use<
HCl control during PCB tnclnen
and shall meet any performanc<
quirements specified by the a.ppr
ate EPA. Regional Administr
428
(hapter I-Environmental Protedion Agency § 761.40
scrubber effluent shall be monitored
and shall comply with applicable efflu-
ent or pretreatment standards, and
anY other State and Federal laws and
regulations. An alternate method of
HCI control may· be used if the alter-
nate method has been approved by the
Regional Administrator. <The HCl
neutralizing capability of cement kilns
I! considered • to . be· · an alternate .method.) · ·: · · · · ·
(bl Non-liquid PCBs. An incinerator
used for incinerating non-liquid PCBs,
PCB Articles, PCB Equipment, or PCB
Containers shall be approved by the
Agency Regional Administrator pursu-
ant to paragraph <d> of this section.
The Incinerator shall meet all of the
requirements specified in paragraphs
(bl(ll and (2) of this section unless a
waiver from these requirements is ob-
tained pursuant to paragraph (d)(5) of
this section. In addition, the inciner-
ator shall meet any other require-
ments that may be prescribed pursu-
ant to paragraph (d)(4) of this section.
Cl> The mass air emissions from the
Incinerator shall be no greater than
0.001g PCB/kg of the PCB introduced
Into the incinerator.
(2) The .incinerator shall comply
with the provisions of t 761.4O<a><2>,
(3), (4), (6), (7), C8)(i) and (ii), and (9).
<cl Maintenance of data and records.
All data and records required by this
section shall be maintained in accord-
ance with Annex VI-§ 761.45, Records
and monitoring.
Cd) Approval of incinerators. Prior to
the incineration of PCBs and PCB
Items the owner or operator of an in-
cinerator shall receive the writi.en ap-
proval of the Agency Regional Admin-
istrator for the Region in which the
incinerator is located. Such approval
shall be obtained in the following
manner:
Cl) Initial report. The owner or oper-
ator shall submit to the Regional ad-
ministrator an initial report which
contains:
(i) The location of the incinerator;
<ii> A detailed description of the in-
cinerator including general site plans
and design drawings of the inciner-
ator;
(iii) Engineering reports or other in-
formation on the anticipated perform-
ance of the incinerator;
<lv) Sampling and monitoring equip-
ment and facilities available;
<v> Waste volumes expected to be in-
cinerated;
(vi) Any local, State, or Federal per-
mits or approvals; and
(vii) Schedules and plans for comply-
ing with the approval requirements of
this regulation.
(2) Trial burn. (f) Following receipt
of the report described in paragraph
(d)(l) of this section, the Regional Ad-
ministrator shall determine if a trial
bum is required and notify the person
who submitted the report whether a
trial bum of PCBs and PCB Items
must be conduct?d. The Regional Ad-
ministrator may require the submis-
sion of any other information that the
Regional Administrator finds to be
reasonably necessary to determine the
need for a trial bum. Such other infor-
mation shall be restricted to the types
of information required in paragraph
(d)Cl)(f) through Cl)Cvii) of this sec-
tion. . . .
(Ii) If the Regional Administrator
determines that a trial · burn must be
held, the person who submitted the
report described in paragraph (d)Cl) of
this section shall submit to the Re-
gional Administrator a detailed plan
for conducting and monitoring the
trial burn. At a minimum, the plan
must include:
CA> Date trial bum is to be conduct-
ed; ·
CB> Quantity and type of PCBs and
PCB Items to be incinerated;
<C> Parameters to be monito:-ed and location of sampling points;
CD) Sampling frequency and meth-
ods and schedules for sample analyses;
and
<E> Name, address, and qualifica-
tions of persons who will review ana-
lytical results and other pertinent
data, and who will perform a technical
evaluation of the effectiveness of the
trial bum.
(iii) Following receipt of the plan de-
scribed in paragraph Cd)C2)Cii) of this
section, the Regional Administrator
will approve the plan, require addi-
tions or modifications to the plan, o,·
disapprove the plan. If the plan is dis-
approved, the Regional Administrator
will notify the person who submitted
the plan of such disapproval, together
429
-..., -.W.:i;:
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:~ ~%
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§ 761.41
with the reasons why it is disapproved.
That person may thereafter submit a
new plan in accordance with para-
graph Cd)(2)(ii) of this section. If the
plan Is approved <with any additions
or modifications which the Regional
Administrator may Prescribe), the Re-
gional Administrator will notify the
person who submitted the plan of the
approval. Thereafter the trial bum
shall take place at a date and time to
be agreed upon between the Regional
· Administrator and the persons who
submitted the plan. ·;· ·
(3) Other in/onnation. In addition to
the information contained in the
report and plan described in para-
graphs Cd)Cl) and (2) of this section,
the Regional Administrator may re-
quire the owner or operator to submit
any other information that the Re-
gional Administrator finds to be rea-
sonably necessary to determine wheth-
er an incinerator shall be approved.
NoTE: The Regional ~dmlnlstrator will
have avallable for review and Inspection an
Agency manual containing Information on
sampling methods and analytical procedures
for the parameters requ1red In
§ 761.40Ca><3>, <4>. <6>. and <7> plus any other
parameters he may determine to be appro-
priate. O'llmers or operators are encouraged
to review this manual prior to submitting
any report required In this Annex.
<4> Contents of ApprovaL (i) Except
as provided in paragraph Cd)C5) of this
section, the Regional Administrator
may not approve an incinerator for
the disposal of PCB and PCB Items
unless he finds that the incinerator
meets all of the requirements of para-
graphs Ca) and/or Cb) of this sec;,ion.
(ii) In addition to the requirements
of paragraphs Ca) and/or Cb) of this
section, the Regional Administrator
may include in an approval any other
requirements that the Regional Ad-
ministrator finds are necessary to
ensure that operation of the inciner-
. ator does not present an unreasonable
risk of injury to health or the environ-
ment from PCBs. Such requirements
may include a fixed period of time for
which the approval is valid.
(5) Waivers. An owner or operator of
the incinerator may submit evidence
to the Regional Administrator that op-·
eration of the incinerator will not
present an unreasonable risk of injury
Title 40-Protedion of Environment
to health or the environment from
PCBs, when one or more of the re-
quirements .of paragraphs (a) and/or
Cb) of this section are not met. On the
.basis of such evidence and any other
available information, the Regional
Administrator may in his discretion
find that any requirement of para-
graph Ca) and Cb) is not necessary to
protect against such a risk, and may
waive the requirements in any approv-
al for that incinerator. Any finding
and waiver under this paragraph must
be stated in writing and included as
part of the approval.
(6) Persons approved. An approval
will designate the persons who own
and who are authorized to operate the
incinerator, and will apply only to
such persol1$, except as provided In
paragraph (d)(8) below.
(7) Final approvaL Approval of an
incinerator will be in writing and
signed by the Regional Administrator.
The approval · will state all require-
ments applicable to the approved in-
cinerator.
<8> Transfer of property. Any person
who owns or operates an approved in-
cinerator must notify EPA at least 30
days before transferring ownership in
the incinerator or the property It
stands upon, or transferring the right
to operate the incinerator. The trans-
feror must also submit to EPA, at least
30 days before such transfer, a nota-
rized affidavit signed bl the transferee
which states that the transferee will
abide by the transferor's EPA inciner-
ator approval. Within 30 days of re-
ceiving such notification and affidavit,
EPA will issue an amended approval
substituting the transferee's name for
the transferor's name, or EPA may re-
quire the transferee to apply for a new
incinerator approval. In the latter
case, the transferee must abide by the
transferor's EPA approval until EPA
issues the new approval to the trans-
feree.
ANNEX II
§ 761.41 Chemical waste landfills.
<a> General. A chemical waste land-
fill used for the disposal of PCBs and
PCB Items shall be approved by the
Agency Regional Administrator pursu-
ant to paragraph <c> of this section.
430
Chapter I-Environmental Pratedion Agency § 761.41
The landfill shall meet all of the re-
quirements specified in paragraph Cb)
of this section, unless a waiver from
these requirements ls obtained pursu-
ant to paragraph <c><4> of this section.
1n addition, the landfill shall meet any
other requirements that may be pre-
scribed pursuant to paragraph (c)(3)
of this section. Cb) Technical requirements. Require-
ments for ·chemical waste landfills
used for the disposal of PCBs and PCB
Items are as follows:
(1) Soils. The landfill site shall be lo-
cated in thick, relatively impermeable
fonnatlons such as large-area clay
pans. Where this ls not possible, the
soil shall have a high clay and silt con-
tent with the following parameters:
(I) In-place soil thickness, 4 feet or
compacted soil liner thickness, 3 feet;
Cii> Permeability <cm/sec), equal to
or less than 1 x 10·1;
(Iii) Percent soil passing No. 200
Sieve, >30;
Civ) Liquid Limit, >30; and
Cv) Plasticity Index > 15.
<2> Synthetic membrane liners. Syn-
thetic membrane liners shall be used
when, In the Judgment of the Regional
Administrator, the hydrologic or geo-
logic conditions at the landfill require
such a liner in order to provide at least
a permeablllty equivalent to the soils
in Cl) above. Whenever a synthetic
liner ls used at a landfill site, special
precautions shall be taken to Insure
that its integrity ls maintained and
that it ls chemically compatible with
PCBs. Adequate soil underlining and
soil cover shall be provided to prevent
excessive stress on the liner &llld to
Prevent rupture of the liner. The liner
must have a minimum thickness of 30
mils.
<3> Hydrologic conditions. The
bottom of the landfill shall be above
the historical high groundwater table
as provided below. Floodplains, shore-
lands, and groundwater recharge areas
shall be avoided. There shall be no hy-
draulic connection between the site
and standing or flowing surface water.
The site shall have monitoring wells
and leachate collection .. The bottom of
the landfill liner system or natural in-
Place soil barrier shall be at least fifty
feet from the historical high water
table.
(4) Flood protection. m If the land-
fill site is below the 100-year floodwa-
ter elevation, the operator shall pro-
vide surface water diversion dikes
around the perimeter of the landfill
site with a minimum height equal to
two feet above the 100-year floodwater
elevation.
(ii) If the landfill site ls above the
100-year floodwater elevation, the op-
erators shall provide diversion struc-
tures capable of diverting all of the
surface water runoff from a 24-hour,
25-year storm.
(5) Topography. The landfill site
shall be located in an area of low to
moderate relief to minimize erosion
and to help p1·event landslides or
slumping.
(6) Monitoring systems-Ci) Water
sampling. <A> For all sites receiving
PCBs, the ground and surface water
from the disposal site area shall be
sampled prior to commencing oper-
ations under an approval provided in
§ 761.4l(c) for use as baseline data.
CB) Any surface watercourse desig-
nated by the Regional Administrator
using the authority · provided in
§ 761.4Hc>C3)Cil) shall be sampltd at
least monthly when the landfill ls
being used for disposal operations.
CC) Any surface watercourse desig-
nated by the Regional Administrator
using the authority provided in
§ 761.4l<c)C3)Cil) shall be sampled for a
time period specified by the Regional
Administrator on a frequency of no
less than once every six months after
final closure of the disposal area. cm Groundwater mon!tor wells. <A>
If underlying earth materials are ho-
mogenous, impermeable, and uniform-
ly sloping in one direction, only three
sampling points shall be necessary.
These three points shall be equally
spaced on a line through the center o!
the disposal area· and extending from
the area of highest water table eleva-
tion to the area of the lowest water
table elevation on the property.
CB> All monitor wells shall be cased
and the annular space between the
monitor zone <zone of saturation> and
the surface shall be completely back-
filled with Portland cement or an
equivalent material and plugged with
Portland cement to effectively prevent
percolation of surface water into the
431
§ 761.41
well bore. The well opening at the sur-
face shall have a removable cap to pro-
vide access and to prevent entrance of
. rainfall or stormwater. runoff. The
well shall be pumped to remove the
volume of liquid initially contained in
the well before obtaining a sample for
analysis. The discharge shall be treat-
ed to meet applicable State or Federal
discharge standards or recycled to the
chemical waste landfill.
(iii) Water analysis. As a minimum,
· all samples shall be analyzed for the
following parameters, and all data and
records of the sampling and analysis
shall be maintained as required in
Annex VI-§ 761.45(d)<l). Sampling
methods and analytical procedures for
these parameters shall comply with
those specified in 40 CFR Part 136 as
amended in 41 FR 52779 on December
l, 1976.
<A> PCBs.
<B> pH.
· <C> Specific Conductance.
(D) Chlorinated Organics.
(7) Leachate collection. A leachate
collection monitoring system shall be
installed above the chemical waste
landfill. Leachate collection systems
shall be monitored monthly for quan-
tity and physicochemical characteris-
tics of leachate produced. The lea-
chate should be either treated to ac-
ceptable limits for discharge in accord-
ance with a State or Federal permit or
disposed of by another State or Feder-
ally approved method. Water analysis
shall be conducted as provided in para-
graph Cb)(6)(ili) of this section. Ac-
ceptable leachate monitoring/collec-
tion systems shall be any of thP. fol-
lowing designs, unless a waiver is ob-
tained pursuant to paragraph <c><4> of
this section.
(i) Simple leachate collection. This
system consists of a gravity flow drain-
field installed above the waste disposal
facility liner. This design is recom-
mended for use when semi-solid or
leachable solid wastes are placed in a
lined pit excavated Into a relatively
. thick, unsaturated, homogenous layer
of low permeability soil.
<ii) Compound leachate collection.
This system consists of a gravity flow
dralnfield installed above the waste
. disposal facility liner and above a sec-
ondary installed liner. This design Is
Title 40-Protedion of Environment
recommended for use when semi-liquid
or leachable solid wastes are placed in
a lined pit excavated into relatively
permeable soil .
(ii) Suction lysimeters. This sys'tem
consists of a network of porous ceram.
ic cups connected by hoses/tubing to a
vacuum pump. The porous ceramic
cups or suction lysimeters are installed
along the sides and under the bottom
of the waste disposal facility liner.
This type of system works best when
installed in a relatively permeable un-
saturated soil immediately adjacent to
the bottom and/or sides of the dispos-
al facility.
(8) Chemical waste lancJJill oper-
ations. (i) PCBs md PCB Items shall
be placed in a . landfill in a manner
. that will prevent damage to containers
or articles. Other wastes placed ln the
landfill that are not chemically com-
patible with PCBs and PCB Items In-
cluding organic solvents shall be segre-
gated from the PCBs throughout the
waste handling and disposal process.
(ii) An operation plan shall be devel-
oped and submitted to the Regional
Administrator for approval as required
in paragraph Cc) of this section. This
plan shall include detailed explana-
tions 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 sys-
tems, sampling and monitoring proce-,
dures, monitoring wells, environmen• !
tal emergency contingency plans, and f
security measures to protect against {
vandalism and unauthorized waste •
placements. EPA guidelines· entitled !
"Thermal Processing and Land Dispos• t
al of Solid Waste" (39 FR 29337, f
August 14, 1974) are a useful reference !
in preparation of this plan. If the fa l
cility is to be used to dispose of liquid
wastes containing between 50 ppm and
500 ppm PCB, the operations plan
must Include procedures to determine
that liquid PCBs to be disposed of at
the landfill do not exceed 500 ppm
PCB and meaures to prevent the ml·
gration of PCBs from the landfill. ·
Bulk liquids not exceeding 500 ppm
PCBs may be disposed of provided
such waste is pretreated and/or stabl·
llzed <e.g., chemically fixed, evaporat·
432
pter I-Environmental Protedion Agency § 761.41
mixed with dry inert absorbant> to
uce its liquid content or increase its
lid content so that a non-flowing
tstency is achieved to eliminate
e presence of free liquids prior to
al disposal in a :aandfill. PCB Con•
·ner of liquid PCBs with a concen•
tion between 50 and 500 ppm PCB
y be disposed of if each container is
ounded by an amount of inert sor•
t material capable of absorbing all
the liquid contents of the container.
iiii> Ignitable wastes she.11 not be dis•
of in chemical waste landfills.
quid Ignitable wastes are wastes that
ve a flash point less than 60 degrees
<140 degrees F> as determined by the
!lowing method or an equivalent
ethod: Flash point of liquids shall be
termined by a Pensky-Martens
osed Cup Tester, using the protocol
ified in ASTM Standard D-93, or
lhe Setaflash Closed Tester using the
irotocol specified in ASTM Standard
r:3278.
iv) Records shall be maintained for
. PCB disposal operations and shall
elude Information on the PCB con•
ntration in liquid wastes and the
ree dimensional burial coordinates
or PCBs and PCB Items. Additional
ords shall be developed and main•
·ned as required in Annex VI.
<9) Supporting facilities. (i) A six
t woven mesh fence, wall, or similar
j!evlce shall be placed around the site
}o prevent unauthorized persons and
~lmals from entering.
i {ii) Roads shall be maintained to and
~thin the site which are adequate to
~pport the operation and 1.:--iainte•
:nance of the site without causing
safety or nuisance problems or hazard•
~ conditions.
t <iii) The site shall be operated and
lllalntained in a manner to prevent
aafety problems or hazardous condi-
tions resulting from spilled liquids and
Windblown materials.
· <c> Approval of chemical waste land-
fills. Prior to the disposal of any PCBs
Ind PCB Items in a chemical waste
landfill, the owner or operator of the
landfill shall receive written approval
of the Agency Regional Administrator
for the Region In which the landfill is
located. The approval shall be ob-
tained in the following manner:
. (1) Initial report. The owner or oper-
ator shall submit to the Regional Ad-
ministrator an injtial report which
contains:
: (l) The location of the landfill;
(ii) A detailed description of the
iandfill including general site plans
and design drawings;
(ill) An engineering report describing
the manner is which the landfill com•
plies with the requirements for chemi-
cal waste landfills specified in para•
graph (b) of this section;
<iv> Sampling and monitoring equip-
ment and facilities available;
<v> Expected W,\Ste volumes of PCBs;
<vl> General description of waste ma-
terials other tha:-i PCBs that are ex•
pected to be disposed of in the landfill;
<vii> Landfill operations plan as re-
quired in paragraph (bl of this section;
(viii> Any local, State, or Federal
permits or approvals; and
(ix> Any schedules or plans for com-
plying with the approval requirements
of these regulations.
(2) Other information. In addition to
the information contained · in the
report described in paragraph (c)( l) of
this section, the Regional Administra-
tor may require the owner or· operator
to submit any other information that
the Regional Administrator finds to be
reasonably necessary to determine
whether a chemical waste landfill
should be approved. Such other infor-
mation shall be restricted to the types
of information required in paragraphs
(c)Cl)(i) through (c)(l)(ix) of this sec-
tion.
(3) Contents of approval. (l) Except
as provided in paragraph (c)C4) of this
section the Regional Administrator
may not approve a chemical waste
landfill for the disposal of PC:as and
PCB Items, unless he finds that tht-
landfill meets all of the requirements
of paragraph (b) of this Annex.
(ii) In addition to the requirements
of paragraph (b) of this section, the
Regional Administrator may include
in an approval any other requirements .
or provisions that the Regional Ad·
ministrator finds are necessary to
ensure that operation of the chemical
waste landfill does not present an Un•
reasonable risk of Injury to health or
the environment from PCBs. Such
433
,-;i
-t~i ;ii -,.
.:·'·~ ··/ ·. ::, ; ·,, .... :
>ti -~-;~~
§ 761.42
provisions may include a fixed period
of time for which the approval is valid.
The approval may also include a stipu-
lation that the operator of the chemi-
cal waste landfill report to the Region-
al Administrator any instance when
PCBs are detectable during monitor-
ing activities conducted pursuant to
paragraph (b)(6) of this section.
(4) Waivers. An owner or operator of
a chemical waste landfill may submit
evidence to the Regional Administra-
tor that operation of the landfill will
not present an unreasonable risk of
injury to health or the environment
from· PCBs when one or more of the
requirements of paragraph (b) of this
section are not met. On the basis of
such evidence and any other available
.information, the Regional Administra-
tor may in his discretion find that one
or more of the requirements of
§ 761.4l<b) is not necessary to protect
against such a risk and may waive the
requirements in any approval for that
landfill. Any finding and waiver under
this paragraph will be stated in writ-
Ing and included as part of the approv-
al.
(5) Persons approved. Any approval
will designate the persons who own
and who are authorized to operate the
chemical waste landfill, and will apply
only to such persons, except as pro-
vided by paragraph Cc)C7) below.
<6) Final approval. Approval of a
chemical waste landfill will be in writ-
ing and will be signed by the Regional
Administrator. The approval will state
all requirements applicable to the ap-
proved landfill.
<7> Transfer of property. Any person
who owns or operates an approved
chemical waste landfill must notify
EPA at least 30 days before transfer-
ring ownership in the property or
transferring the right to conduct the
chemical waste landfill operation. The
transferor must also submit to EPA, at
least 30 days before such transfer, a
notarized affidavit signed by the trans-
feree which states that the transferee
will abide by the transferor's EPA
chemical waste landfill approval.
Within 30 days of receiving such noti-
fication and affidavit, EPA will issue
an amended approval substituting the
transferee's name for the transferor's
name, or EPA may require the trans-
Title 4<>-,:Protection of Environmen
feree to apply for a new chern1ca·
waste landfill approval. In the lattt:
case, the transferee must abide by th<
transferor's EPA approval until EP1,
issues the new approval to the tra~·
feree.
ANNEX III
§ 761.42 Storage for disposal.
(a) Any PCB Article or PCB Con
tainer stored for disposal before Janu
ary 1, 1-983, shall be removed frorr
storage and disposed of as required bj
this Part before January 1, 1984. Anl
PCB Article or PCB Container storec
for disposal after January 1, 198J
shall be removed from storage and dis'.
posed of as req·..1ired by Subpart B
within one year from the date when It
was first placed into storage.
(b) Except as provided in paragraph
<c) of this section, after July 1, 1978
owners or operators of any facilitl~
used for the storage of PCBs and PCB
Items designated for disposal shall
comply with the following requirt-
ments:
(1 > The facilities shall meet the fol•
lowing criteria:
(i) Adequate roof and walls to prt-
vent rain water from reaching tht
stored PCBs and PCB Items;
(ii) An adequate floor which has con
tinuotJE curbing with a minimum six
Inch high curb. The floor and curbini
must provide a containment volumt
equal to at least two times the Internal
volume of the largest PCB Article or
PCB Container stored therein or 25
percent of the total internal volume of
all PCB Articles or PCB Containeii
stored therein, whichever ls greater; \
(iii) No drain valves, floor drains, rx.i
pansion joints, sewer lines, or oth'f
openings that would permit liqu!ds ti
flow from the curbed area; ~ (iv) Floors and curbing construct ..
of continuous smooth and lmpervlo •
materials, such as Portland cement',
concrete or steel, to prevent or n:]11~. mlze penetration of PCBs; and
Cv) Not located at a site that is bel ·
the 100-year flood water elevation.
(c)(l) The following PCB Items
be stored temporarily in an area t ·
does not comply with the requi
ments of paragraph <b> for up
thirty days from the date of their
434
o,opter I-Environmental Protedion Agency § 761.42
~\-al from service, provided that a
;,tatlon is attached to the PCB Item
,., 1 PCB Container <containing the
;m> indicating the date the item was
rtmoved from service:
ti> Non-leaking PCB · Articles and
pea Equipment: . . .
till Leaking PCB Articles and PCB
r.quipment if the PCB Items are
-;aced in a non-leaking PCB Container
' ~~at contains sufficient sorbent mate-
r.1is to absorb any liquid PCBs re-·
::-.aining in the PCB Items:
<iiil PCB Containers containing non-
~Quid PCBs such as contaminated soil,
, rigs, and debris; and
<iv> PCB Containers containing
::quid PCBs at a concentration be-
t;Ieen 50 and 500 ppm, provided a Spill
?m•entlon, Control and Countermeas-
Jre Plan has been prepared for the
· :emporary storage area in accordance
~·ith 40 CFR 112. In addition, each
:ontainer must bear a notation that
indicates that the liquids in the drum
do not exceed 500 ppm PCB.
<2> Non-leaking and structurally un-
damaged PCB Large High Voltage Ca-
pacitors and PCB-Contaminated
Transformers that have not been
drained of free flowing dielectric fluid
may be stored on pallets next to a
storage facility that meets the require-
ments of paragraph Cb) until January
1, 1983. PCB-Contaminated Trans-
formers that have been drained of free
flowing dielectric fluid are not subject
to the storage provisions oi Annex III.
Storage under this subparagraph will
be permitted only when the storage fa-
cility has immediately availatle un-
filled storage space equal to 10 percent
of the volume of capacitors and trans-
formers stored outside the facility.
The capacitors and transformers tem-
l>Orarlly stored outside the facility
shall be checked for leaks weekly.
(3) Any storage area subject to the
requirements of paragraph Cb) or para-
naph Cc)Cl) of this section shall be
rnarked as required in Subpart C-
t 761.20<a>< 10).
<4) No item of movable equipment
that is used for handling PCBs and
PCB Items in the storage facilities and
that comes in direct contact with
PCBs shall be removed from the stor-
age facility area unless it has been de-
contaminated as specified in Annex
IV, § 761.43. .• .
{5) All PCB Articles and PCB Con-
tainers in storage shall be checked for
leaks at least once every 30 days. Any
leaking PCB Articles and PCB Con-
tainers and their contents shall be
transferred immediately to properly
marked non-leaking containers. Any
spilled or leaked materials shall be im-
mediately cleaned up, using sorbents
or other adequate means, and the
PCB-contaminated materials and resi-
dues shall be disposed of in accordance
with § 761.10Ca)(4).
(6) Except as provided in paragraph
Cc)C7) below, an:1 container used for
the storage of liquid PCBs shall
comply with the Shipping Container
Specification of the Department of
Transportation (DOT>, 49 CFR 178.80
<Specification 5 container without re-
movable head), 178.82 (Specification
5B container without removable
head), 178.102 (Specification 6D over-
pack with Specification 28(§ 178.35) or
2SL< § 178.35a) polyethylene contain-
ers) or 178.116 <Specification 17E con-
tainer). Any container used for the
storage of non-liquid PCBs shall
comply with the specifications of 49
CFR 178.80 (Specification 5 contain-
er), 178.82 <Specification 5B container>
or 178.115 <Specification 17C contain-
er). As an alternate, containers larger
than those specified in DOT Specifica-
tions 5, 5B, or 17C may be used for
non-liquid PCBs if the containers are
designed and constructed in a manner
that will provide as much protection
against leaking and exposure to the
environment as the DOT Specification
containers, and are of the same rela-
tive strength and durability as the
DOT Specification containers.
(7) Storage containers for liquid
PCBs can be larger than the contain•
ers specified in paragraph Cc){6) above
provided that:
.(I) The containers are designed, con-
structed, and operated in compliance
with Occupational Safety and Health
Standards, 29 CFR 1910.106, Flamma-
ble and combustible liquids. Before
using these containers for storing
PCBs, the design of the containers
must be reviewed to determine the
effect on the structural safety of the
containers that will result from plac-
435
t>:t ~jt~j:
~-tf:-
•
: l
§ 761.43
ing liquids with the specific gravity of
PCBs into the containers (see 29 CFR
1910.106Cb)(i)(f)).
(ii) The owners or operators of any
facility ·using containers described in
(i) above shall prepare and implement
a Spill Prevention Control and Coun-
termeasure <SPCC) Plan as described
in 40 CFR Part 112. In complying with
40 CFR Part 112, the owner or opera-
tor shall read "oil<s>" as '"PCBCs)"
whenever It appears. The exemptions
for storage capacity, 40 CFR
112.1Cd)C2), and the amendment of
SPCC plans by the Regional Adrnlnls•
trator, 40 CFR 112.4, shall not apply
unless some fraction of the liquids
stored In the container are oils as de-
fined by section 311 of the Clean Water
Act.
(8) PCB Articles and PCB Contain-
ers shall be dated on the article or
container when they are placed in
~torage. The storage shall be managed
so that the PCB Articles and PCB
Containers can be located by the date
they entered storage. Storage contain-
ers provided In paragraph Cc)(7) above
shall have a record that includes for
each batch of PCBs the quantity of
the batch and date the batch was
added to the container. The record
shall also include the date, quantity,
and disposition of any batch of PCBs
removed from the container.
(9) Owners or operators of storage
facilities shall establish and maintain
records as provided in Annex VI.
· .AN?l'EX IV
~Decontamination.
~Y PCB Container to be decon-
taminated shall be decontaminated by
flushing the internal surfaces of the
container three times with a solvent
containing less than 50 ppm PCB. The
solubility of PCBs in the solvent must
be five percent or more by weight.
Each rinse shall use a volume of the
normal diluent equal to approximately
ten Cl0) percent Clf the PCB Container
Title 40-Protection of Environment
capacity. The solvent may be reused
for decontamination until it contains
50 ppm PCB. The solvent shall then
be disposed of as a PCB In accordance
with § 761.l0(a). Non-liquid PCBs re.
suiting from the decontamination pro.
cedures shall be disposed of In accord-
ance with the provisions or l
§ 761.10Ca>C4). Ji
(b) Movable equipment used in stor-
age areas shall be decontaminated by ·1
swabbing surfaces that have contacted
PCBs with a solvent meeting the crite.
ria of paragraph Ca) of this section.
NOTE: Precautionary measures should be
taken to ensure \-hat the solvent meeu
safety and health standards as required b)·
applicable Federal r~gulatlons.
ANNEXV
11761.44 Marking formats.
The following formats shall be used
for marking:
Ca> Large PCB Mark-ML. Mark ML
shall be as shown In Figure 1, letters
and striping on a white or yellow back-
ground and shall be sufficiently dura-
ble to equal or exceed the life (includ-
ing storage for disposal) of the PCB
Article, PCB Equipment, or PCB Con-
tainer. The size of the mark shall be at
least 15.25 cm (6 inches> on each side.
If the PCB Article or PCB Equipment
Is too small to accommodate this size,
the mark may be reduced In size pro-
portionately down to a minimum of 5
cm (2 inches) on each side.
Cb) Small PCB Mark-M,. Mark M,
shall be as shown in Figure 2, letters ;
and striping on a white or yellow back• i
ground, and shall be sufficiently dura-f
ble to equal or exceed the life Cinclud-!
Ing storage for disposal) of the PCB
Article, PCB Equipment, or PCB Con•
tainer. The mark shall be a rectangle
2.5 by 5 cm < 1 inch by 2 inches>. If thr
PCB Article or PCB Equipment is too
small to accommodate this size, the
mark may be reduced in size propor•
tionately down to a minimum of 1 by 2
cm <.4 by .8 Inches).
1 !
I
'
Chapter I-Environmental Protection Agency § 761.45
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A toxiC eovi~tol contominonr requiring ~
~ special handling ond dispc,sol in occordonce wirh I.
~ U.S. Environmental Protection At;JeOCY ~1ulotions ~-
~ 40 OR 761-For Disposal Information c,-;intoet ~
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9 Coost Guad Notioool P.esporue Center: ~ ~ · 800: 424-8802 ~ ~ Also Conroe, ~
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I . FOR PflOPER DISPOSAL INFORMATION •• I CONTACT U.S. ENVIRONMENTAL I I PROTECTION AGENCY . ~------------.J Figure 2
.ANNEXVI
D 761.45 Records and monitoring.
<a> PCBs and PCB Items in iervice
or projected for disposal. Beginning
July 2, 1978, each owner or operator of
a facility using or storing at one time
at least 45 kilograms (99.4 pounds) of
PCBs contained in PCB Container(s)
or one or more PCB Transformers, or
50 or more PCB Large High or Low
Voltage Capacitors shall develop and
rnaintaln records on the disposition of
PCBs and PCB Items. These records
shall form the basis of an annual doc-
ument prepared for each facility by
July 1 covering the previous calendar
year. Owners or operators with one or
more facilities that use or store PCBs
and PCB Items in the quantities de-
scribed above may maintain the rec-
ords and documents at one of the
facilities that is normally occupied for
8 hours a day, provided the identity of
this facility is available at each facility
using or storing PCBs and PCB Items.
The records and documents shall be
maintained for at least five years after
the facility ceases using or storing
PCBs and PCB Items in the prescribed
437
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§ 761.45 Title 40-Protection of Environment
quantities. The following information least 20 years after the chemical waste
for each facility shall be included in landfill is no longer used for the dis-
the annual document: posal of PCBs and PCB Items. The
(1) The dates when PCBs and PCB documents shall be available at the fa.
Items are removed from service, are cllity for inspection by authorized rep.
placed into storage for disposal, and resentatives of the Environmental
are placed into transport for disposal. Protection Agency. If the facility
The quantities of the PCBs and PCB ceases to be used for PCB storage or
Items shall be indicated using the fol-disposal, the owner or operator of
lowing breakdown: · . such facility shall notify within 60
(i) Total weight in kilograms of any days the EPA Regional Administrator
PCBs and PCB Items in PCB Contain-of the region in which the facility ls
ers including the identification of con-located that the facility has ceased
tainer contents such as liquids and ca-storage or disposal operations. The
pacitors; , notice shall specify where the docu-
(ii) Total number of PCB Trans-· ments that are :required to be main-
formers and total weight in kilograms tained by this pi:.ragraph are located.
of any PCBs contained in the trans-The following information shall be in-
formers; and eluded in ea.ch document:
(iii) Total number of PCB Large (1 > The date when any PCBs and
High or Low Voltage Capacitors. PCB Items were received by the faclli-
(2) For PCBs and PCB Items re-· ty during the previous calendar year
moved from service, the location -of. for storage or disposal, and identifica-
the initial disposal or storage facility · tion of the facility and the owner or
. and the name of the owner or opera-operator of the facility from whom
tor of the facility. the PCBs were received;
(3) Total quantities of PCBs and (2) The date when any PCBs and
PCB Items remaining in service at the PCB Items were disposed of at the dis-
end of the calendar year using the fol-posal facility or transferred to another
lowing break.down: disposal or storage facility, including
(1) Total weight in kilograms of any the identification of the specific types
PCBs and PCB Items in PCB Contain-of PCBs and PCB Items that were
ers, including the identification of con-stored or disposed of;
tainer contents such as liquids and ca-·• (3) A summary of the total weight In
pacitors; . :-kilograms of_ PCBs and PCB Articles
(ii) Total number of PCB Trans~ in containers and the total weight of
formers and total weight in kilograms PCBs contained in PCB Transformers.
of any PCBs contained in t!l.e trans-that have been handled at the facility
formers; and during the previous calendar year.
(iii) Total number of PCB Large This summary shall provide tc,tals of
High or Low Voltage Capacitors. the above PCBs and PCB Items which
<b> Disposal and storage facilities. have been:
Each owner or operator of a facility (i) Received during the year;
(including high efficiency boiler oper-(ii) Transferred to other facilities
ations> used for the storage or disposal during the year; and
of PCBs and. PCB Items shall by July (iii) Retained at the facility at the
1, 1979 and each July 1 thereafter pre-end of the year. In addition the con-
pare and maintain a document that In-tents of PCB Containers shall be iden•
eludes the information required in tified. When PCB Containers and
paragraphs <b)(l) thru (4) below for PCBs contained in a transformer are
. PCBs and PCB Items that were ban-transferred to other storage or dispos-
dled at the facility during the previous al facilities, the identification of the _
calendar year. The document shall be facility to which such PCBs and PCB
_ret.ained at each facility for at least 5 Items were transferred shall be includ· j
yea.rs after the facility is no longer ed in the document. 1
used for the storage or disposal of (4) Total number of any PCB Artl· i
· PCBs and PCB Items except that in cles or PCB Equipment not in PCB 1
· the case of chemical waste landfills, Containers, received during the calen•}
the document shall be maintained at dar year, transferred to other storage j
438 .
§762.1
the owner or operator of the facility
by any State or local government
agency and that pertain to the storage
or disposal of PCBs and PCB Items at
the facility.
(2) All documents, correspondence,
and data that have been provided by
the owner or operator of the facility
to any State or local government
agency and that pertain to the storage
or disposal of PCBs and PCB Items at
the facility.
(3) Any applications and related cor-
respondence sent by the owner or op-
erator of the facility to any local,
State, or Federal authorities in regard
to waste water discharge permits, solid
waste permits, building permits, or
other permits or authorizations such
as those required by Annex I-
I 761.40Cd> and Annex 11-1 761.41Cc>.
PART 762-FULLY HALOGENATED
CHLOROFLUOROALKANES
Subpart A-General Provl1lon1
Sec.
'162.1 Scope.
'162.3 Definitions ..
Subpart 1-(ReHrved)
Subpart ~rohlbltion1, fxe111ptlon1, and Cer-
tification Requlre111ent1
'162.45 Manufacturing.
'162.50 Process;ng.
'162.55 Distribution In commerce.
'162.58 EMentlal use exemptlo!lll.
'162.59 Special exemptions.
Subpart D-Record1 and Report•
'162.60 General reporting requirements.
'162.65 Manufacturers of fully halogenated
chlorofluoroalkanes for aerosol propel-
lant uses.
'162.'10 Processors of fully halogenated
··v -chlorofluoroalkanes for aerosol propel•
lant uses.
AUTHORITY: Toxic Substances Control Act,
. 15 U.S.C. 2605, 260'1, and 2611.
SOURCC 45 FR 43'121, June 30, 1980, unless
otherwise noted.
Subpart A-General Provisions
§ 762.1 Scope.
This part prohibits the manufacture,
processing, and distribution in com-
Title 40-Protedion of Envlronn
merce of fully halogenated ch!,
fluoroalkanes for those aerosol pro
lant uses which are subject to
Toxic Substances Control Act <Tse
requires submission of annual rept
and lists the exemptions to the pr,
bitions.
§ 762.3 Definitions.
For the purposes of this part:
<a> The term "aerosol propell2
means a liquefied or compressed ga
a container where the purpose of
liquefied or compressed gas ls to el
from the container liquid or solid :
terial different from the aerosol 1 pellant.
Cb) The term ".person" Includes ;
natural person, cc,rporation, firm, c,
pany, Joint venture, partnership, :
proprietorship, association, or :
other business entity, any State or
litical sub-division thereof, any 1
nicipality, any interstate body and :
department, agency, or instrument
ty of the Federal Government.
<c> The term "nonconsumer arth
means any article subject to n
which ls not a "consumer prodt
within the meaning of the Cons11J
Product Safety Act <CPSA), 15 Ul
2052.
Cd) The terms "Admlnistrat,
"chemical substance," "commel'I
"distribute in commerce " "manu
ture," "process,'' "proce~or," "Sta
and "United States" have the 11
meanings as in 15 U.S.C. 2602.
Subpart 8-(Reserved]
' Subpart C-Prohibition,, Exemptlc
and Certification Requirements' .J
§ 762.45 Manufacturing. • f
<a> After October 15, 1978, no pd,
may manufacture, except to I~
any fully halogenated chloro!lui
kane for ·any aerosol propellant
except as follows: -
Cl) For use in an article which.
food, food additive, drug, cosmt
device exempted under 15 t1
2602;1or
1 The Food and Drug Admlnlstrat
promulgated separate regulations Oil
fully halogenated chlorofluoroal
.these articles at 21 CFR 2.125.
440