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HomeMy WebLinkAboutNCD980602163_19840510_Warren County PCB Landfill_SERB C_PCB Control. Handling and Disposal Guidelines-OCRI -I · ~' tttib"t ?·'\ I· I .f . I J i \ " I '·· ,. I .. ~ I I IIORTII CAltOLIIIA .; PCI COllftOL, IWIDL?NG AND DISJIOIU, GVIDBLIIIU I .1 DATIi Nay _l01 1984 I i " ·I • f,. ' I' ·1 ·" •• Publlshed a, ;. I The Division of State Construction • I' . "" Department of Administration . ~ . 300 North Salisbury Street : . I Raleigh, Nortli Ca~lna I l f9l9) ~-7962 \ I ) Set No. 7. . ..., .. \ , I I I I I I I I I I I I I I I I I 1· I NORTH CAROLINA PCB CONTROL, HANDLING AND DISPOSAL GUIDELINES DATE: _.......a.a.Ma_y_l_O.._, _1_98_4 __ _ Published By The Division of State Construction Department of Administration 300 North Salisbury Street Raleigh, North Carolina (919) 733-7962 Set No. __ _ I I I I I I I I I I I I I I I I I I I NORTH CAROLINA PCB CONTROL, HANDLING AND DISPOSAL GUIDELINES DATE: May 10, 1984 I I I I I I I I I I I I I I I I I I I Acknowledgements The North Carolina PCB Control, Handling and Disposal Guidelines were written under the direction of Jane Smith Patterson, Secretary of the Department of Administration. The PCB Task Force that developed the guidelines consisted of the following: Name L. Page Benton Pete Everette William W. Phillips John J. "Pat" Curran Joseph Henderson George P. Johnson William L. Meyer Representing NRCD-Division of Environmental Management Purchase and Contract DCC&PS OHR-Occupational Safety DOA-Property DOA-Division of State Construction OHR-Solid/Hazardous Waste Management Branch The PCB Task Force would like to express appreciation to Federal TOCA personnel, CP&L and Duke Power, and all state institutions participating in the PCB inventory for providing information and support for the guide- lines . Disclaimer: The PCB Control, Handling and Disposal Guidelines is a careful interpretation of Federal regulations , for the management of PCB's, 40 CFR 761. However, where there is a conflict between the guidelines and the regulations, the regulations rather than the guidelines is the controlling authority. If conflicts are noted during the implementation of the PCB Management Program, it shall be the responsibility of each individual institution to resolve the conflict in accordance with 40 CFR 761. -1- I I I I I . I I I I I I I I I I I I I I PCB CONTROL, HANDLING AND DISPOSAL GUIDELINES TABLE OF CONTENTS INTRODUCTION Purpose Scope. Applicability. Definitions. SECTION -PROCEDURES 1. IDENTIFICATION OF PCB ITEMS • • • • • • • • • • • • • 2. DETERMINATION OF APPROPRIATE TRANSFORMER CATEGORIES. 3. 4. MARKING REQUIREMENTS TRANSFORMER SERVICING. 5. HANDLING OF PCB ITEMS FOR DISPOSAL •• 6. RECORDKEEPING •• 7. SPILL REPORTING. 8. 9. SPILL CLEAN-UP PERSONAL PROTECTION 10. ANALYTICAL TESTING 11. EPA-REQUIRED EQUIPMENT PHASE-OUT APPENDIXES A. Trade names used for PCB fluids and various manufacturers B. PCB Label C. Recordkeeping Forms and Instructions D. PCB Disposal Transport Record and Instructions E. Oil Sampling for Laboratory Analysis F. PCB Spill Diagram G. 40 CFR 761 PCB Regulations H. PCB Risk Assessment-Inventory Guidance -2- 3 3 3 4 7 9 11 14 17 25 28 38 43 48 49 I I I I I I I I I I I I I I I I I I I PCB CONTROL, HANDLING AND DISPOSAL GUIDELINES Purpose The purpose of this Plan is to provide guidance to State personnel involved with the handling and disposal of polychlorinated biphenyls (PCBs). This plan addresses new or revised regulations promulgated by the U.S. Environmental Protection Agency (EPA) through July 13, 1983. The EPA rulemarking applies to any substance, mixture or item with a 50 ppm (parts per million) or greater concentration of PCBs. The PCB regulations greatly affect the management of electrical equipment of which contain PCB fluids as an insulator with varying concentrations of PCBs. This equipment occasionally fails, and a PCB spill may result. The failed item, spilled fluid or any contaminated materials (soil, rags, solvents, debris, etc.) must be disposed of in accordance with EPA's rules and regulations. Applicability These procedures are applicable to all Departments who are involved with -3- the use, storage, handling, marking or disposal of PCB Items or Articles, Containers, Equipment or other substances which contain or have been contaminated by PCBs. Immediately following the section entitled Definitions are procedures that have been prepared to implement this Plan. Definitions The definitions issued by EPA for PCB terminology are most important in determining the proper handling, marking, servicing, and disposal requirements of PCB Items. (a) ( b) "PCB" or "PCBs" means any chemical substance or combination of substances that is limited to the biphenyl molecule that has been chlorinated to varying degrees. (EPA has chosen a concentration level of 50 parts per million {ppm) or greater to implement their regulations.) "PCB Item" is defined as any PCB Article, PCB Article Container, PCB Container or PCB Equipment, that deliberately or unintentionally contains or has as a part of it any PCB or PCBs at a concentration ~ 50 ppm or greate;\ n ' ~o (c) "PCB rticle" means any manufactured article, other than a PCB (d) 7 $t::,O'f>?~ , . . ~her, that contains PCBs and whose surface(s) has been 1n direct contact with PCBs. "PCB Article" includes capacitors, transformers, electric motors, pumps, pipes, etc. "PCB Container" means any package, can, bottle, bag, barrel, drum, \ tank or other device that contains PCBs or PCB Articles and whose surface(s) has been in direct contact with PCBs. -4- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (e) (f) (g) (h) ( i) (j) "PCB Article Container" means any package, can, bottle, bag, barrel, drum, tank or other device used to contain PCB Articles or PCB Equipment and whose surface(s) has not been in direct contact with PCBs. "PCB Transformer" means any transformer whose dielectric fluid contains a concentration of 500 ppm or greater PCBs. "PCB-Contaminated Electrical Equipment" means any electrical equipment including (but not limited to) transformers, circuit breakers, reclosers, voltage regulators, switches (including sectionalizers and motor starters), electromagnets, and cable, that contain 50 ppm or greater PCB, but less than 500 ppm PCB. Oil filled electrical equipment other than circuit breakers, reclosers, and cable whose PCB concentration is unknown must be assumed to be PCB-Contaminated Electrical Equipment (50-499 ppm PCB). "Non-PCB Transformer" is referred to in the rules and regulations, but is not officially defined. In general, a "Non-PCB Transformer" is any transformer whose dielectric fluid contains less than 50 ppm PCBs. A "Non-PCB Transformer" has to be demonstrated as such rather than assumed (i.e., testing). "Small Capacitor" means a capacitor which contains less than three pounds (about 1 quart) of dielectric fluid such as capacitors found in streetlights, fluorescent light ballasts and small applicances. "Large High Voltage Capacitor" means a capacitor which contains three pounds (about 1 quart) or more of dielectric fluid and operates at 2000 volts a.c. or above such as primary voltage substation and distribution capacitors. -s- (k) "Large Low Voltage Capacitors• means a capacitor which contains three pounds (about 1 quart) or more of dielectric fluid and operates below 2000 volts a.c. such as low voltage secondary capacitors. (1) "PCB Equipment• means any manufactured item, other thap PCB Container or PCB Article Container, which contains a PCB Article or other PCB Equipment, and includes such things as electronic equipment and fluorescent light ballasts and fixtures. (n) "Posing an Exposure Risk to Food or Feed" means electrical equipment in any location G cep t priyote bewsi'.§> where human food or animal feed products (tj'lose food or teed produc ts regulated by the ,u.~. including additives, could be exposed to PCBs released from a PCB Item. A PCB Item poses an exposure risk to a food or feed process if PCBs released in any manner from the PCB Item have a potential pathway to human food or animal feed. "Disposal" means to intentionally or accidentally discard, throw ., away or otherwise complete or terminate the useful life of PCBs and/or PCB Items. Disposal includes spills, leaks, and other uncontrolled -6- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 1 Identification of PCB Items The regulations apply to any substance, mixture or item containing or contaminated with a 50 ppm or greater concentration of PCBs. 1.1 1.2 All capacitors purchased for use before 1978 shall be assumed to be r PCB-filled. Non-PCB-filled capacitors will usually be identified by the manufacturer on the nameplate as containing one of their series of non-PCB fluids, and .some manufacturers' capacitors will bear separate labels denoting that the capacitors are "Non-PCB." Examples of some common trade names include: Selectrol I (Sangamo); Dielectrol II (G.E.); Wemcol (Westinghouse); Edisol (McG~aw Edison). Transformers fall into one of three basic classifications: (a) ( b) (C) PCB Transformer -The transformer dielectric fluid contains 500 ppm or greater PCBs. PCB-Contaminated Electrical Equipment -This new definition includes the former "PCB-Contaminated Transformer• category and means that the transformer dielectric fluid contains at least 50 ppm but less tbap SQQ ppro PCB_. ·--Non-PCB Transformer -The transformer dielectric fluid / . . ~ l, eiJff5~ /1) u m , 1 > = ,l ~(( ,4 ~#-! jw-11, 6,-t. contains less than 50 ppm PCBs. Section 2 of this Plan explains how to determine appropriate transformer classification. Section 4 of this Plan discusses in more detail the transformer servicing restrictions. -7- 1.3 1.4 1.5 M:;/JC6 C-o-1,,,:·ta 11;..t-,~ttl Some electric motor cooling systems, heat exchange systems, and older hydraulic systems may contain PCBs. ~ti,o v);Lcl~~ =· Indoor switchgear may contain PCBs. ~J;.~ ~ When in doubt whether equipment contains PCBs, refer to nameplate data -or consult equipment manufacturers for verification. Appendix A lists the names used to denote PCB fluids by various manufacturers. 1.6 Dielectric fluids in mineral oil-filled transformers, voltage regulators, switches (including sectionalizers and motor starters) and electromagnets must be assumed to contain at least 50 ppm, but less than 500 ppm PCBs. (Formerly, this requirement applied only to mineral oil-filled transformers). Dielectric fluids in circuit breakers, reclosers and oil-filled cable may be assumed to contain less than 50 ppm PCBs even when the PCB concentration is unknown. O.il Sa11pling Procedures for Laboratory Analysis of Transformer Oil are in Appendix E. -8- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2.1 2.2 SECTION 2 Determination of Appropriate Transformer Categories PCB Transformers are transformers whose dielectric fluid contains PCBs at a concentration of 500 ppm or greater. This category includes transformers that were designed to use highly concentrated PCBs as a dielectric fluid as well as those designed to use mineral oil, but contain 500 ppm or greater PCBs as a result of manufacturing or servicing operations. A transformer must be considered to be a PCB Transformer if one of the following conditions exist: (1) the nameplate indicates that the transformer contains PCB dielectric fluid (greater than 500 ppm); or (2) the dielectric fluid has been tested and found to Mineral oil-filled transformers, formerly called PCB-Contaminated Transformers and now classified as PCB-Contaminated Electrical Equipment, are transformers whose dielectric fluid contains between 50 and 499 ppm PCBs. This includes transformers that were designed to use PCB_-free mineral oil dielectric fluids but not contain 50 to 499 ppm PCBs because of manufacturing or servicing operations. ALL MINERAL OIL-FILLED TRANSFORMERS MUST BE ASSUMED TO BE PCB-CONTAMINATED ELECTRICAL EQUIPMENT unless tested and found to contain 500 ppm or greater PCBs, or less than 50 ppm PCBs. -9- Non-PCB Transformers are transformers whose dielectric fluid contains less th~n 50 ppm PCBs. No transformer may ever be assumed a Non-PCB Transformer unless its dielectric fluid has been tested and found to contain less than 50 ppm PCBs. -10- I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 3 Marking Requiremen~s 3.0 Introduction Marking requirements are outlined in the PCB Disposal Plan 3.1 All of the following shall be labeled: c. d. e. f. g. h. j. All PCB Transformers (500 ppm or greater PCBs) whethe,r or not in service. ( ,c;f , ,,__ Slll "; u., J t;uJ ? ::;Rtwl </4 N'l;//lN) . All capacitors not in service that contain PCBs. __. / t:J C() /J:J.,_.,j f) ,j,l,f].VIC e'-' "VJ /Jl£_ Ct,<.J()-e"I-Pol<.. -'Sri l.-{.J vo ._, ;:t_1l<. ) F7lH11\,{,.., All in-service Large High Voltage Capacitors containing PCBs. All PCB Containers -i.e., a package, can, bottle, bag, barrel, y:I drum, tank, etc., which contains 50 ppm or greater PCBs. All PCB Equipment, whether or not in service, which contai~s a PCB Large High Voltage Capacitor ... Hydraulic machinery using PCB hydraulic fluid. Heat transfer systems (other than transformers) ~rz..") All PCB Large ~--·-----. ow Voltage Capacitors when removed from service ill not already marked). All PCB Items when they are removed from service, if pot already marked. Each transport vehicle loaded with PCB Containers that contain more than 99.4 pounds (roughly 10 gallons) of liquid phase PCBs in concentrations of 50 ppm or greater or if loaded with one or more -11- PCB Trans·formers (500 ppai or greater). A vehicle requiring marking : , _I, • t ·'fi'.;' · should be ~arked in thf following manner: PCB labels should be plac~d on both sides and the rear of the vehicle. -Matking the front '· ( ~=-~~~-) ~-ill ~~quii~d m~rking~ must be placed in a position on the exterior of PCB It,~s OF ~r~rsport vehicles so ~hat the marks can be easily seen. MARKI~G OF •PCB-CONTAMINATED ELECTRICAL EQUIPMENT• (50 TO 449 PPM ...... ' . Appto~-eR l~~Js for ~~rking are available from Label Master See ffPJP,~i~ B tot label format and address. ' .. ,,.,..... . .. 3.,~i Capacitors at Protected Locations If one or mor~ fCB Large High Voltage capacitors are installed in fJ pfOt4!ct~d location such as on a power pole or other str"!~tur~, or behind a fence or other enclosure, the pole, s~r~ctur~, fence or other enclosure may be marked instead of marking each indi~idual capacitor unit. If such method of mafking is used, all individual capacitor units must be marked with the app~oved label when removed from service. -12- I I I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3.4.2 Other Capacitors Each individual capacitor unit requiring marking in accordance with Section 3.1 of this Plan shall be marked with the approved label. 3.4.3 All Other PCB Items Noted in Section 3.1 All other items shall be individually marked with the approved label applied to an area where the label will be readily visible. -13- SECTION 4 Transformer Servicing 4.1 Routine Transformer Servicing Routine servicing of transformers (i.e., testing the dielectric fluid, filtering the fluid, replacing some fluid, or replacing gaskets, bushings or valves) in any of the transformer categories is permitted. 4.1.l ROUTINE TOPPING-OFF OF TRANSFORMERS SHALL BE PERFORMED WITH NON-PCB FLUID (tested at less than 50 ppm PCBs) OR WITH CERTIFIED PCB-FREE FLUID. This will eliminate the need for marking service transport vehicles when carrying drums of fluid into the field for servicing and topping-off transformers. In addition, it will eliminate the requirement for marking and keeping records of drums of PCB-Contaminated mineral oil in storage, and will assure that no highly contaminated diel ectric fluids are inadvertently used to service or top-off transformers. 4.1.2 Filter paper, rags or other by-products contaminated during routine field servicing of electrical equipment containing PCBs shall be disposed of in accordance with Section 5.3.1 of this Plan after the items are no longer in use. -14- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4,2 Fluids Removed from Transformers 4 .2,1 Fluids removed during servicing of PCB Transformers or PCB-Contaminated Electrical Equipment must be captured and re-used as dielectric fluid or disposed of in accordance with Section 5.3.2 of this Plan. 4,3 Batching of Fluids Removed from Electrical Equipment 4.3.l If dielectric fluid drained from more than one piece of mineral oil-filled equipment is batched together in a collection tank, the following should be observed: (a) Care should be taken to avoid adding fluid drained from a PCB Transformer (500 ppm or greater) or any other fluids with 500 ppm or greater PCBs to the collection tank, Should this knowingly happen, the entire tank contents must be considered to be greater than 500 ppm PCBs, and the mixture could not be re-used as a dielectric fluid. Proper disposal would be required in accordance with Section 5 of this Plan. (b) PCB-free or low concentration (less than 50 ppm) dielectric fluids cannot be added to highly-contaminated mineral oil in order to dilute the oil to avoid more stringent disposal requirement. fvalv.1h.L ,:· . ..1- r. r 1 /l f)_ \ f'otf.t/ µ V ! _, -15- 4.4 Servicing Prohibitions 4.4.l Any servicing (rebuilding) of PCB Transformers (500 ppm or greater) that involves removing the coils from the casing or requires detanking is prohibited. Minor repair work such as replacing a valve or gasket, etc. is permitted. 4.5 Re-Classifying a Transformer 4.5.l A PCB Transfor~er may be converted to the status of "PCB-Contaminated Electrical Equipment" by draining of the dielectric fluid and refilling with a non-PCB dielectric fluid. If, after a minimum of three months of in-service use, an analytical PCB test shows that the fluid in the transformer contains less than 500 ppm PCBs, the transformer is re-categorized to "PCB-Contaminated Electrical Equipment" and can be rebuilt -16- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5.1 SECTION 5 Handling of PCB Items for Disposal Transformers 5.1.1 5.1.2 Non-Leaking Transformers a. Non-Leaking PCB Transformers -Arrangements for handling non-leaking PCB Transformers which are no longer of use and may require disposal should be made by contacting your designated department PCB Manager. Under no circumstances shall the transformer be moved or otherwise handled without contacting the department PCB Manager. b. Non-Leaking PCB-Contaminated Electrical Equipment -There are no special regulatory requirements necessary for handling PCB-Contaminated Electrical Equipment or transporting for inspection, testing and/or repair. However, precautions shall be taken to protect the equipment from damage to the tank, bushing, etc. that could cause leaks during temporary storage' or during transit. Leaking Equipment \ -5 0 t:H5--t.v In each instance, regardless of the type or category of the transformer, take immediate action to prevent the loss of fluid -17- and to limit the area of contamination. DO NOT DRAIN any dielectric fluid which may remain in the transformer unless necessary to prevent possible loss of fluid during storage or transporting. Refer to Sections 7 and 8 of this Plan for proper spill reporting and clean-up procedures, respectively, then: a. For PCB Transformers, if possible, patch or plug the leak, and take any other special precautions necessary to prevent further fluid loss and water entry. This may include covering or wrapping with plastic as described in Section 5.1.3 or other suitable protective method. Contact the department PCB Manager for special instructions prior to moving or otherwise handling the PCB Transformer. b. For PCB-Contaminated Electrical Equipment (including mineral oil filled transformers, regulators and switches), if possible, patch or plug the leak and take any other special precautions necessary to prevent further fluid loss or water entry. This may include covering or wrapping the equipment with plastic or other similar material described in Section 5.1.3. Unless absolutely necessary, do not remove fluid from the equipment. This can cause damage to the core and coils. Use special handling and securing procedures when transporting the equipment to a temporary storage site where it will await shipment for inspection, testing, and/or repair. If the equipment is still leaking, regardless of whether it is -18- I I I I I I I I I I I I I I I I I I I I I I I I I I I 5.1.3 I I I I I I I I I I I covered or wrapped in plastic, it should be temporarily stored in an area protected from rain or runoff. It is important to give careful attention and use good judgement when securing the equipment for transport. If the PCB-Contaminated Electrical Equipment has leaked or ruptured and no longer has fluid in it (except residual amounts), there are no special handling or transporting requirements. Plastic Bags and Cushioning Material The department PCB Manager stocks three sizes of plastic bags for use with distribution transformers as an additional preventive measure in avoiding fluid loss in temporary storage and transporation. Bag sizes are: 1. 40" x 65" X .008" thick 2. 50" x 80" x .008" thick 3. 60" x 90" x .008" thick Also stocked are pieces of wax coated cardboard 42" x 42" x 3/16" thick for use as cushioning between the bags and pallets. The bags should be used with transformers that show evidence of leaking or appear not to be properly sealed. -19- Effective use of the bags requires: 1. Removing dirt and other abrasive material from the bottom of the transformer. 2. Using care to avoid damage to the bag in placing the transformer in it, loading on the pallet, etc. 3. Placing the cardboard cushioning material between the bag and pallet. 5.2 PCB Capacitors 5.2.1 Non-Leaking PCB Capacitors Non-Leaking capacitors DESIGNATED FOR DISPOSAL may be temporarily stored at local sites on your facility for thirty days from the time they are removed from service. A non-leaking capacitor designated for disposal shall be moved within the thirty-day period to a PCB storage site designated by the department PCB Manager. Non-leaking capacitors shall not be placed in PCB Containers. Precautions shall be taken in handling and moving non-leaking capacitors so that bushings will not be broken or the can punctured. -20- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5.2.2 Leaking PCB Capacitors All leaking capacitors (except those which are too large and must be put in a capacitor box) shall be stored in properly marked open-head type drums. The drum must be sealed by firmly clamping the cover. The drum can be stored in a temporary location for up to thirty days after removal from service and then must be moved to a designated PCB storage site. Handle with care in loading and transporting to prevent further damage to the capacitor or damage to the drum. Do not drop or roll drum from one elevation to another. If contaminated, clean the outside of the dru~ and/or boxes and dispose of cleaning materials properly. Do not put any other materials -soil, gravel, rags, etc. -in the same container with capacitors. 5.2.3 Small PCB Capacitors Small PCB capacitors, such as those found in small appliances, streetlights, and fluorescent light ballasts, may be disposed of as municipal solid waste if approved by the OHR. This requires written request and approval from both the Solid and Hazardous waste Management Branch and the controlling authority of the .,..._landfill. -21- 5.3 Qt.ner PCB Items for Disposal ·~ . :~ ~ -· ' '. . 5.3.l Con,taminated Solids 5.3.2 Unless decontaminated (see Section 8.5), all soil, rags, paper, gr~vel, ve~etation, can~, bags or any other material contaminated with ?CJ3s and DESIGNATED FOR DISPQ_SAL shall be stored in a pr?perly marked open-head type drum which may be obtained from the department PCB Manager. The drum must be sealed by firmly cla_..ping the cover. Clean the outside of the drum, if !J ... ~ ~ contami_nated, and dispose of cleaning materials properly. Do not put cap~citors .in drums with other solids. Handle the drum with c~F~• Within thirty days the sealed drums shall be moved to PCB storage .J..ocation at a 9esignated storage area. Contaminated Fluids ;° • ~I -: PCB flµids, including transformer dielectric fluids DESIGNATED FOR DISfOSAL, shall be stored in a properly marked drum of the ti~ht-head type (having threaded plug closures) which meets DOT $p,~cificati~n 17~. These are available from the department PCB 1-Japager. Tl'le drum must be sealed by firmly tightening the thrtaded plugs. DO NOT put grease, rags or any other impurities into the fluid designated for disposal. Within thirty days the sealed drums shall be moved to the PCB storage location designated PY the department PCB Manager. -22- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5.4 Drums In filling drums, leave at least 1 3/4 inches of space for expansion. Clean outside of drums thoroughly, if contaminated, a nd dispose of cleaning materials properly. Handle with care. Do not drop or roll drums from one elevation to another or damage in any manner. Do not use removable head for fluids. Disposal costs for PCB fluids vary greatly for different classes of contamination level, and testing is costly. If the fluid has been tested, show the PCB content on the Form attached to the drum, i.e., 87 ppm. If the PCB content is not known, but drum contents are from a common batch -storage tank, large transformer, etc. -indicate the number of drums of the common fluid on each Form involved i.e., Drum No. 1 of 16, etc. There are two types of drums which are approved for storage and transport of PCB Items: 1. 2. Open Head type having a gasketed cover and clamping ring to be used for either leaking PCB capacitors (with no other mixtures placed in the drum with the capacitors), or other PCB Items. Tight head type drums having threaded plug closures to be used for fluids contaminated with PCBs. -23- Q/t' •-• 1 1, r, 'f-. ~ .__ .. These approved drums must be used for PCB Items, and shall not be used for any other purpose. No exceptions are permitted. Drums, whether empty or not, must be considered contaminated on the inside, and shall be sealed except when being filled. If outside of drum is contaminated, clean it thoroughly and dispose of all cleaning materials properly. Handle with care; do not drop or roll drums from one elevation to another or damage in any manner. All drums containing PCB items shall have attached a PCB Disposal Record Card as di scussed in Section 5.5 of this Plan. 5.5 PCB Disposal Transport Record Cards Form No. (shown in Appendix D), PCB Disposal Transport Record cards shall be prepared by persons removing a PCB Item from service or storage FOR DISPOSAL. The card is available from the department PCB Manager. Upon completion of the information called for on the card, the card is to be placed in a clear, waterproof envelope and attached to the PCB drums or other PCB Items DESIGNATED FOR DISPOSAL. All state personnel and approved contractor personnel are authorized to transport PCB-Items only if this Form is attached with all necessary information provided on the card. The use of the Form applies only to DISPOSAL of PCB Items, and functional equipment transported between storerooms should be handled according to routine procedures. Instructions for filling out the Form are given on the reverse,side of the card as shown in Appendix D. -24- I I I I I I I I I I I I l I I I I I I I I I I I I I I I I I I I I I I I I I v' SECTION 6 Recordkeeping f X o~~ ' LJ-.)ri:-;.1½1 If' yv -/1.1-1-~ l,q;J". J<PJ To verify and assure compliance with EPA regulations, adequate records must be maintained which show a balance of the following PCB equations for each facility: (items in s ervice r:ems I removed Items added Items in service or stock beginning January 1 i i I ' I I ! for disposal I ~ during I calendar I to service or or stock ending + stock during = December 31 each calendar year I Gch j ! year tar - year To establish the balance of these equations, each responsible operating department shall maintain records on each facility that has in service or storage the following items: PCB Transformers, PCB Large High or Low Voltage Capacitors, or 99.4 pounds of PCEs contained in a PCB Container (this would mean roughly 10 gallons of fluid, leaking PCB Capacitors, or 99.4 pounds of contaminated debris such as soil from clean-up, etc.). -A- ,t-aci 1--i ty i-s.:re-f~-:1:eeefl-en--stK:h~.te-~:..v s.t..Qf~t.OOJll.,--et.c , Y'1 1~'-1 -~,<'.!-'IJ (......- -25- 6.1 Records Format Each institution or department shall maintain records which show the following information: a. Location of PCB Items in service or storage (records should identify the physical location of the PCB Items such as a name of institution, pole, building, etc.). b. Amount of PCB Items at each facility according to the following units: c. (1) ( 2) (3) Capacitors -each. PCB Transformers -each. NOTE: There are no recordkeeping requirements for mineral oil-filled "PCB-Contaminated Electrical Equipment." Liquids and contaminated debris stored for use or disposal in PCB Containers -kilograms (pounds divided by 2.2). Dates that items were removed from service or storage and put in transport for disposal. -26- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 6.2 Records Retention Records shall be retained for at least five (5) years after a facility ceases using or storing PCBs. Records shall be maintained at the institution owing the PCB Item. 6.3 Annual Report An Annual PCB Summary Report shall be prepared for each facility (as described above) for the previous calendar year and forwarded to the department PCB Manager by April 30 of the following year. The department PCB Manager will, early in the calendar year, specify the format and give examples of information to be submitted for the annual report. The Annual Report will then be prepared and filed for future inspection by EPA officials by July 1 of each year. An illustration of the type of information which will be required in the Annual Report is shown in Appendix C of this Plan. () PCB items Form in A ~.....;...c...;;,...:;..;.;.....;;.-7 more frequent inspection shall be inspected using the .,,-fl ' j) " -<'-, _y' ~J---i t/'v~ rur I l.---1..--.., -27- SECTION 7 Spill Reporting 7.0 . Introduction At the present time, Federal and State laws and regulations governing spill reporting requirements are inconsistent. -Federal reporting requirements are mainly geared toward those spills which enter surface waters of the United States, drainage systems, or those that threaten waterways, etc., although reporting of the spills ~hich occur on land may be necessary if the incident poses a "substantial risk" to human health or the environment. -North Carolina has spill reporting requirements somewhat broader and more stringent than federal requirements. In general, the state requires reporting of spills or discharges "into the environment." In accordance with State and Federal statutes and regulations concerning \ W l V 'L-\ (_ 0 I ~ spill reporting, the department PCB Manager will give timely notification of all reportable spills to the regulatory agencies. The statutes and regulations also prescribe severe fines and possible criminal penalties for failin~ to notify the regulatory agencies of spill incidents. THE POLICY FOR REPORTING SPILLS AS OUTLINED IN THIS SECTION MUST BE STRICTLY ADHERED TO. -28- I I I I I I I I I I I I I I I I I I I PROGRAM INFORMATION SCOPE• There has never been a more appropri-ate time for industry, education and government to join together in a cooperative educational effort. The development and implementation of the State's Capi-tal Improvement Program is a costly and complex process, which has become the subjeci of much dis-cussion, debate and misunderstanding. This conference is designed to bring together State Agencies and Institutions, Architects, Engineers, Contractors and Subcontractors to discuss common concerns relating to the planning, design and con-struction of State buildings. PURPOSE • The purpose of this conference is to provide a forum for open discussion and to provide a better understanding of the State's Capital Improve-ment Program. WHO SHOULD ATTEND e This conference is planned for State Agencies and Institutions, Archi-tects, Engineers, Contractors and Subcontractors that are involved or interested in the planning, de-sign and construction of State buildings. FEE • The total cost for coffee breaks and lunch is $15.00 per person. LOCATION e The conference will be held at the N.C. State University McKimmon Center at the cor-ner of Western Boulevard and Gorman Street. HOTEL ACCOMMODATIONS • Nearby accom-modations to the campus are: the Quality Inn Mission Valley, Avent Ferry Road, (919) 828-3173; the Velvet Cloak Inn. 1505 Hillsborough Street, (919) 828-0333; and the Raleigh Hilton, 1707 Hillsborough Street, (919) 828-0811. Please make your own reservation directly with one of the above or any other facility of your choice. All are adjacent to the campus, but not within walking distance of the McKimmon Center. h 'o· s· ..... ,,;: (b :::, ..... c:: ~ tr-(b ..... ~ (b :::, ::;-@-Cl) ..... -, ':--f ..... c· ~ Qi :::, ~ G) C ~ 3 :3 (b :::, ..... oomcn OOC-1 22;::J> 'TICl>C-1 m-1-m llll2 m cc, zo 0-1 m-o 2 '!-.,,~ c~ ~ ~-~ a. 3 '§..,, .,, ;:.· -·. ►o~ ; z -~ .. >' 00>:t: 0 !:l C'l ;;· -0') t-:l~ o _ s· :s The Third STATE BUILDING CONSTRUCTION CONFERENCE for State Agencies Architects Engineers Contractors Subcontractors MARCH 15, 1984 MCKIMMON CENTER N.C. STATE UNIVERSITY SPONSORED BY N. C. Dept. of Administration, Construction Div. N.C. State University COSPONSORED BY Carolinas Branch, AGC N. C. Chapter, AIA Professional Engineers of N.C. N.C. Consulting Engineers Council N.C. Assoc. of Electrical Contractors N.C. Assoc. of Plbg., Htng., Clng. Contr. American Subcontractors Assoc., Carolinas Carolinas Chapter, NECA .... 0 o::t r--x 0 al I u .... ~ (0 0 N W N a. \""" I ->C!)Of'--N t-zo::tM w ~o~~ u cc~~m Z wwm .... LL. (0 W >--m -..J•~-~ ZccN~ W w .. ~oU~ LL Z w £wu..Z::i1 Z O t-_I-•(.) <( 'itj <( z ::c ·;: 0 f t-~ 1-0C!)ci, u en en~w • -...J Q) z a: ~~<(~ ~0 g ZOcc<C cc_ u 0 .... 'It <t u..u ~ w w a: z::, .... ~ ~ ~ 0~ Lt> <C <C O .::.,_ .... z z u <( u, :I: I f:z ~ ~ ~ ~o c:x: u a: en C!) u ~ wz a: w w cc~ ~ ~ Z V, 2 w ::::> c o w ~ I ~ -I-=> a: V, al w u 2 w 3: 5 02 .,_ o ~ o B ~ I ~ ~ ~ '" .., 0 ro V,1 Q) ...J > Q. U ro g> 0 Z a. > en·;:;C! w~ z enc:~ 1-~ ct W Q).-2..c wwa.cc:0 ::::>u ~~~o ... • om <Cc::r:oog-~ ~~ 2 2 U <tCCLL <{~ STATE BUILDING CONSTRUCTION CONFERENCE NCSU MCKIMMON CENTER MARCH 15, 1984 8:00-9:00 a.m. 9:00-9:10 a.m. 9:10-9:40 a.m. 9:40-10:00 a.m. 10:00-10:30 a.m. 10:30-12:00 noon PROGRAM OUTLINE Registration Welcome -Dr. William L. Turner, Vice Chancellor for Extension and Public Service, NCSU A LEGISLATIVE PERSPECTIVE OF THE CONSTRUCTION PROCESS The Honorable Liston 8. Ramsey, Speaker of the House THE CHALLENGE TO CHANGE Ray F. DeBruhl, PE, Director, Division of State Construction Break Group Meetings: open discussion of issues related to such topics as: construction regulations; project programming and budgeting; selection of designers and contract negotiations; design concepts and procedures; design review and permit process; bidding and award process; project scheduling and coordination of separate primes; project meetings and inspections; project payments, change orders and claims; State Construction, Owner, Designer and Contractor relationships; final inspection and occupancy; warranties and post-occupancy responsibilities. GROUP A -OWNERS (Departments, Agencies and Institutions) Leader" Ned Trivett, Vice Chancellor for Business Affairs, Appalachian State University Panel -Allen Waters, PE, Assistant VP for Finance, UNC-General Administration Bob Korstian, PE, Retired Chief Eng., Department of Corrections Carlton Myrick, Chief Admin., Division of State Construction GOUP B -DESIGNERS (Architects, Engineers and Planners) Leader -Al Haskins, AIA, Principal, Haskins & Rice, Architects & Planners Panel -Gene Jones, AIA, Principal, Haskins & Rice, Architects & Planners Don Kline, PE, Principal, Kimley-Horne & Associates Dave Bullock, AIA, Chief Design Review, Division of State Construction GROUP C -CONTRACTORS (General, Electrical, HVAC, Plumbing, Subs) Leader -Bert Levy, President, Community Heating and Plumbing Panel -Bob Roberson, President, David Allen & Company Carl Woods, President, C. C. Woods Construction Company Ed Floyd, PE, Chief Construction Admin., Division of State Construction 12:00-1 :15 p.m. Awards Luncheon -PRESENTATION OF FRANK B. TURNER AWARD Jane Smith Patterson, Secretary of Administration 1: 15-2:00 p.m. Group Meetings -consensus report of major issues and concerns for presentation and discussion in joint meeting. 2:00-3:00 p.m. Joint Meeting -presentation of group reports GROUP A -OWNERS, Ned Trivette 3:00-3:30 p.m. 3:30-5:00 p.m. GROUP B -DESIGNERS, Al Haskins GROUP C -CONTRACTORS, Bert Levy Break Joint Meeting -open discussion, reactions and recommendations Panel -John Emerson, PE, Deputy Director, Division of State Construction Buie Costen, Special Deputy, Attorney Generals Office Robert Powell, Budget Analyst, State Office of Budget and Management CONSTRUCTION MANUALS• Copies ot the 1982 Construction Manual and General Statutes Manual will be available for purchase at the Conference. I I I I I I I I I I I I I I I I I I I 7.1 Applicability FOR THE PURPOSES OF THIS PLAN, THE REPORTING REQUIRMENTS IN THIS SECTION WILL APPLY TO SPILLS FROM THE FOLLOWING: a. b. c. d. All transformers, regulators, and oil switches, unless a test identifies the fluid contained within as a non-PCB or PCB-free fluid . All capacitors; unless a manufacturers label indicates that the capacitor contains a PCB-free fluid. Servicing or transfer operations when using contaminated mineral oil. All oil storage tanks, drums, or any container from which a reportable fluid is spilled. 7.2 What Spills to Report SPILLS MUST BE REPORTED whenever the incident poses a "substantial risk" to human health or the environment which, according to EPA, includes a spill whereby people come into direct or uncontrolled contact with PCBs or when the extent of the spill is large enough to expose significant numbers of animals. -29- All spills into water, shorelines, or those that threaten watercourses shall always be reported. Spills shall also be reported when the volume or the extent of the spill is unknown such as spills into storm sewers or other drainage systems. Spills from mineral oil-filled equipment shall be reported unless only minor leaks, such as bushing leaks, are involved and no waterway is threatened. EXCLUSIVE OF ANY PARTICULAR ~UANTITY OF FLUIDS SPILLED, ALL SPILLS, REGARDLESS OF THE AMOUNT, SHOULD BE REPORTED IF THE SPILL OCCURS IN A LOCATION READILY ACCESSIBLE T.O THE PUBLIC. 7.3 Guidelines for PCB Spills 1. Introduction Priority shall be given to clean-up of any PCB spill. Response must be prompt, especially if weather conditions are likely to cause the spill to be dispersed. If a small spill such as liquid from a single capacitor is discovered at night, to avoid disturbing the neighborhood and to reduce the hazards of vehicles parked on the streets, the clean-up may be delayed until daylight hours. Quick response to a spill minimizes the impact of the spill on the environment. The guidelines are to be followed for spills involving any dielectric liquid with a PCB content equal to, or greater than 50 ppm. -30- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Spills -General A. Spills from Capacitors Spillage of dielectric liquid from capacitor units shall be assumed to be a spillage of PCB material unless the liquid can positively be identified by a manufacturer's label or another label as non-PCB. The tanks of all failed capacitor units should be carefully inspected for leaks. Failed capacitors often have bulged tanks, but do not always leak. Leaking units shall be immediately removed for disposal and the leaks contained. A "leak" means any instance in which a PCB capacitor has PCB substance on any portion of its external surface. B. Spills from Other Electric Equipment Spillage of dielectric liquid from PCB electrical equipment shall be treated as a spillage of PCB material. Spillage of dielectric liquid from mineral oil filled transformers, regulators and switches will be treated as a mineral oil spill. An oil sample will be taken for each mineral oil spill to confirm the non-PCB nature of the oil. Any analysis that shows a PCB content equal to or greater than 50 ppm will require clean-up as though the liquid was a PCB material. -31- 3. 4. Spill reporting, clean-up, storage and disposal of non-PCB insulating and lubricating oils are regulated by vari ous federal and state programs. Regulations may require special handling of non-PCB oil spills in some instances. Jdministration The facility administrator or his designee will have direct .;;:::_--= - responsibility for the clean-up operation. R~porting ~pills from PCB equipment, or mineral oil spills that reach a Diti-Ped .:;w.::a..;;t=e=-rnl ... w!iiak-_ ,,,f,,,;:h;;;a;;;l :::_l -=.b:::.-e_:;.,re;::;,p~o~rt!"'e;:;..d .... 1;:;..:·m::::m::.:.e::..:d,.,,1,..· a .. t._e...:l=y by ~he administrator following: l) EPA Region IV Atlanta, Georgia 24 hour Emergency Response Number -(404) 881-4062 2) N.C Highway Patrol Communications Center Raleigh, North Carolina N.C. warning Point Numbers -(800) 662-7956 the -(919) 733-3861 (Raleigh Area) 3) Division of state Construction -(919) 733-7962 cui °'-PCJ fl'l 1111~ -32- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Information provided when reporting spills shall include the following: Time/date of discharge. Name, address and phone number of person responsible for clean-up. List of names, addresses, and phone numbers of persons, employees, and others having knowledge of the facts surrounding the spill. Material discharged: Trade and chemical names. Quantity discharged: Gallons, pounds, etc. Description of vessel or facility from which discharge occurred (i.e. tank, capacitor, transformer). Exact location of the discharge including building name/number, road name/number, city. Steps taken since discharge to minimize environmental damage. Did discharge reach waterway? If so, estimate of quantity. -33- 4. s. By reporting this information, all appropriate federal and state agencies charged with responding to a PCB spill will have been notified. Further instructions concerning sampling and clean-up procedures should follow through these appropriate federal and state agencies. Clean-up -General Actual clean-up of spilled PCB and contaminated materials may be cont"racted out to a private firm experienced in clean-up, handling, and transportation of PCB materials. The Division of State Construction shall be contacted for assistance. A list of firms with these capabilities can be secured from the Solid and Hazardous Waste Management Branch, Division of Health Services, (919) 733-2178. Site should always be protected from weather to prevent spreading of spill problem (i.e. polyethelene sheet). PCB Contaminated Items Any vehicle, capacitor, bank rack, transformer, pole or other equipment should be identified and isolated or tagged for clean-up. -34- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 6. 7. 8. PCB Contaminated Metal or Pavement The area should be roped off and, as needed, dikes built to prevent further contamination. Sufficient Oil Ori to absorb all liquid shall be applied as soon as possible to the area where dielectric liquid is spilled. Site should always be protected from weather to prevent spreadin9 of spill problem (i.e. polyethene sheet). PCB Contaminated Gravel, Soil, etc. The area should be roped off and, as necessary, dikes built to prevent further contamination. As soon as possible after a spill, Oil Dri should be applied in sufficient quantity to absorb all liquid that can be reached out of the gravel or soil. Site should always be protected from weather to prevent spreading of spill problem (i.e. polyethelene sheet). PCB Spillage into water Immediate reporting is essential particularly if spilled PCB enters a waterway. If PCB liquid is spilled into a small stream, the stream should be dammed up with an earthen dike downstream from any visible sheen. A submerged outlet (pipe of sufficient size to handle stream flow) should be installed in the dam to make a water pool if possible, so that the floating portion of the PCB liquid will surface, making recovery easier. -35- 9. Personnel Protection Precautions In some cases, it may be necessary that facility engineering/maintenance staff enter an area contaminated by a PCB spill. If so, precautions should be taken as follows: If contact with PCBs is unavoidable, PCB-resistant gloves, boots, and other protective clothing shall be used. Porous gloves and other material which might absorb and retain PCBs shall not be used in direct contact with the skin. PCB PROTECTIVE CLOTHING SHOULD NOT BE WORN OVER NORMAL PROTECTIVE EQUIPMENT, SUCH AS RUBBER GLOVES AND SLEEVES. I f contact with PCBs is unavoidable, chemical-type eye protection sball be worn. If eye·s come into contact with PCBs, they shall be irrigated immediately with large quantities of waste for 15 minutes. They shall then be examined by a physician. Whenever possible, skin which has come into contact with PCBs, should first be washed with waterless soap and wiped with disposable towels. Cleaning materials shall be properly disposed of with other contaminated wastes. This should be followed by washing with warm water and soap, especially before eating, drinking, smoking or using toilet facilities. -36- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I In case of spillage on clothing, the clothing should be removed as soon as practicable, the skin washed, and the clothing properly disposed of in properly marked sealed drums. Employee should immediately wash as outlined above. In no instance should facility personnel enter an unventilated underground vault or other unventilated area. Entry into these areas can be extremely hazardous to life, and should be done following strict precautions. Emergency response agencies (i.e. fire/rescue department with ventilation equipment and emergency breathing equipment (self-contained breathing apparatus) should be called for assistance. In the event a building ventilation system needs to be shut down to prevent further possible building contamination, under no circumstances should an unprotected individual enter into a contaminateo a(ea for this purpose. Emergency personnel dressed in proper protective gear shall perform the shut-down task. -37- SECTION 8 Spill Clean-up and Decontamination 8.0 Introduction All spills of PCBs of 50 ppm or greater concentration must be cleaned up. Clean-up of spills from PCB Transformers (500 ppm and above) and PCB Capacitors is straightforward--those spills along with contaminated soil, gravel, rags, etc., must be cleaned up and processed for disposal in accordance with Section 5 of the Plan. PCB-Contaminated Electrical Equipment (mineral oil-filled) poses a ~ifferent problem because they must be assumed to contain 50 to 499 ppm PCBs and, as such, spills from the equipment become a candidate for clean-up. A. For spills from PCB-Contaminated Electrical Equipment estimated at 35 gallons of fluid or less, the clean-up and disposal procedures outlined in Sections 8.1-8.4 of this Plan should be followed. If, in the judgement of the person handling the spill, extraordinary measures beyond the clean-up procedures outlined in Sections 8.1-8.4 are necessary, the department PCB Manager should be contacted. -38- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I B. For PCB-Contaminated Electrical Equipment spills estimated to involve greater than 35 gallons of fluid, the department PCB Manager should be contacted for instructions. In certain situations it may be desirable to perform analytical testing of the dielectric fluid remaining in the transformer and/or the contaminated soil prior to beginning major clean-up. This will be decided at the time the call is made. 8.1 Spills Which Enter or Threaten to Enter surface waters or Drainage Systems If dielectric fluid is discovered to be free-flowing at a spill site, every effort should be made to prevent the fluid from reaching surface waters, storm sewers, drains, etc. Ditches and/or retention pits can be dug to retain or divert fluid from entering watercourses. If dielectric fluids have already reached surface waters directly or by way of storm sewers or drainageways, every effort should be made to contain as much of the spill as possible in the watercourse. For example, a small earthen dike constructed downstream from the point of spill entry into a small creek or stream can be effective in retarding the flow in the watercourse. Hay or straw bales placed in the watercourse between the point of spill entry and the earthen dike would be effective as a fluid absorbent. The quantities of straw needed would vary as to the extent of the spill. Saturated straw shall be removed and placed in a drum for disposal. This procedure should be repeated until as much of the fluid as possible is removed from the watercourse. Straw is also an effective absorbent when used to remove fluids from ponds, lakes, or other still bodies of water. -39- 8 .2 Clean-up of Hard Surfaces (metal, cement, concrete, etc.) Sufficient absorbent material (Oil-Ori, sawdust, soil, etc.) should be applied as soon as possible to an area where dielectric fluid is spilled to absorb all free-standing fluid. The absorbent material shall be removed and stored in properly marked sealed drums as it becomes saturated or after 30 minutes of contact time. Following removal of excess fluid, the surface should be cleaned with rags soaked in an approved solvent (kerosene, varsol). All contaminated items must then be deposited in a drum or other approved PCB container for proper disposal. 8.3 Clean-up of Spillage to Gravel, Soil, etc. Contaminated gravel, soil, vegetation, etc., shall be removed and stored in properly marked, approved sealed drums for disposal. Absorbent material should be applied to a spill area ONLY when there is free-standing fluid which has not soaked into the soil, etc. Apply only enough absorbent material to absorb the free-standing puddles of fluid. After the absorbent material becomes saturated, it should be removed and placed in a drum along with the contaminated soil, gravel, etc. While there are no specific rules for determining the depth of soil to be removed following PCB contact, good judgement should be used to determine the depth of penetration of the chemical during the time period since initial contamination. Clean replacement soil and/or gravel should be returned to the area clean-up if it is necessary to restore the area where the spill occurred. -40- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8.4 Spillage onto Vegetation Contact with lawns would necessitate removal of grasses along with at least two inches of underlying soil (using practical judgement to determine depth of penetration). All bushes and non-grassy plant contaminated with PCBs should be either r emoved or trimmed and disposed of properly. Large trees (i.e., contaminated as a result of a ruptured pole-mounted capacitor) should be trimmed of branches and leaves which are visibly contaminated. 8.5 Decontamination Any container, hose, tank, or pump which has been used to handle PCBs shall either be disposed or decontaminated. Decontamination requires flushing the internal surfaces three times with a solvent (kerosene, varsol, etc.). Each flushing should be with any commonly used, approved solvent which has not been previously used for any PCB clean-up or decontamination purpose. Each rinse shall use a volume of solvent equal to at least ten percent of the internal volume of the equipment to be decontaminated. The solvent rinse shall be retained for disposal as a PCB liquid waste according to Section 5.3.2. The decontaminated container, hose, tank or pump may then be considered non-PCB contaminated a nd used accordingly. -41- Vehicles, walls, structures, equipment exteriors, etc., upor; which PCB liquid has spilled, leaked or spattered shall be decontaminated by swabbing affected surfaces with an approved solvent. Any resulting contaminated solvent and rags shall be disposed of as PCB waste according to Section 5.3.1 of this Plan. 8.6 Handling Equipment Crews dispatched to clean-up dielectric fluids contaminated with PCBs spilled from a power capacitor(s) or PCB-Contaminated Electrical Equipment failure should have the following equipment available to them: 1. 2. 3. 4. Gloves of PCB resistant material Shovels Cotton or wool rags Approved cleaning solvent (kerosene, varsol, etc.) 5. Face shield or safety glasses with side shields 6. 7. 8. 9. Waterless soap and disposable towels 55-gallon drums with sealable top Absorbent material PCB resistant clothing -42- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 9 Personal Protection 9.0 Introduction Recent studies on the toxicity of PCBs have shown that there is very little evidence of significant or irreversible health effects resulting from PCB exposure at levels encountered in occupational environments. One health effect is the development of an acne-like rash due to skin contact with liquid PCBs. However, this effect appears to be reversible when the skin contact exposure ceases. Direct skin contact with PCB's should be minimized to reduce the chance of the rash and to prevent the long term build-up of the chemical in the body that could result from repeated skin contact and absorption of the chemical into the body. PCB's evaporate very slowly. Vapors from PCB liquids are released in significant amounts only when the liquid is heated. The odor that is sometimes associated with PCB fluids is probably due to the carrier solvent used to dilute the PCB liquid. The most common solvent used for this purpose is trichlorobenzene. Inhalation of this solvent, as well as skin contact, should be avoided. -43- 9 .1 Personal Protection For the purpose of this Plan, the departm@nt PCB Manager is responsible for provi ding these personal protection procedures: A. B The personal protection equipment noted in Section 9.2 of this Plan shall be used as needed to minimize direct skin contact with PCBs when handling dielectric fluids and other items which contain 500 ppm or greater PCBs as follows: 1. Dielectric fluid from PCB Transformers: These transformers can be identified by the affixed PCB warning label (shown as Appendix B). 2. Dielectric fluids from PCB Capacitors: All primary and secondary capacitors shall be considered PCB capacitors unless t hey have a non-PCB label or manufacturers• label indicating that the capacitor contains a PCB-free fluid. ' 3. Other Items: This includes unenclosed ~quipment, fluids or other materials which are suspected to contain or to be contaminated with greater than 500 ppm PGBs. The personal protection equipment listed in Section 9.2 may also be used to minimize direct skin contact with PCBs when handling dielectric fluids and other items which contain less than 500 ppm PCBs. -44- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I c. D. E. F. G. H. I. The personal protection equipment listed in Section 9.2 may be used, when needed, to minimize PCB contact with clothing. A complete set of personal protection equipment (trousers, jacket, gloves, shoe covering, etc.) may not be needed in all cases of potential exposure to PCBs. The equipment selected for use shall match the degree of potential skin contact caused by a specific ope ration. No personal protection equipment is necessary when handling non-leaking transformers, non-leaking capacitors, sealed drums, and other equipment in which the fluids are totally enclosed. The personal protection equipment is intended for one time use. When the equipment is soiled it may be disposed according to Section 5 of this Plan. If hands or other skin areas come into direct skin contact with PCB-containing materials, those parts of the body shall be cleaned using waterless soap and disposable towels. Smoking, eating, and drinking is prohibited during PCB handling and until personal clean-up, if needed, is completed. Chemical goggles shall be used, when needed, to prevent liquid PCB splashes from damaging the eyes. -45- 9.2 Personal Protection Equipment A. B. Personal protection equipment for use in minimizing skin contact will be stocked in an area designated by the department PCB manager. Chemical gloves, size 8 Chemical gloves, size 9 Chemical gloves, size 10 4. PCB resistant jacket, large size 5. PCB resistant jacket, extra large size 6. PCB resistant trousers 7. PCB resistant apron 8. PCB resistant boots Respiratory protection equipment for use in preventing the inhalation of carrier solvents used in PCB equipment will be stocked in an area designated by the department PCB Manager. Organic vapor respirator with dust and mist prefilter, large size. Replacement cartridges for organic vapor respirator. -46- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 9.3 First Aid A. B. Skin contact -Direct skin contact with PCBs can cause skin irritation in some people. If skin irritation results from PCB contact, the affected skin areas should be immediately cleansed with waterless soap and then with soap and water. Cold creams can decrease skin irritation but should not be used until the skin is t horoughly cleaned. Eye contact -If PCB liquids enter the eye, the eye should be immediately flushed with running clean water or an approved eye wash solution. -47- 10.l 10.2 10.3 10.4 SECTION 10 Analytical Testing All requests for analytical testing should be submitted to the department PCB Manager. Food and Feed Facility Testing Program Spec ial regulatory requirements exist for transformers located at food and feed related locations. These transformers shall be i dentified as soon as possible for analytical testing. 1~ ~:> 'o I 't)\'" u . 5 t-n-,~ ~ ~'S.l ll u c.v~ Documentation of PCB Analytical Testing A copy of all results from PCB testing shall be maintained at the facility that requested the test for 5 years. Oil Sampling Procedure for Laboratory Analysis of Transformer Oil Oil sampling procedure for laboratory analysis of transformer oil in Appendix E.. -48- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 11 . .,,r-1 ~ J w,~1(a; y,r✓ EPA-Required Equipment Phase -Out In its most recent rulemaking, EPA has required a phase-out of the following electrical equipmenf: 1. 2. NOTE: The use and storage for re-use of PCB Transformers posing a risk of contamination (exposure risk) to food or feed processes is prohibited after October 1, 1985. The use of Large PCB Capacitors after October 1, 1988 unless the capacitor(s) is used within a restricted-access electrical substation or in a contained and restricted-access indoor installation (see NOTE below). EPA defines a "restricted-access electrical substation" as an outdoor, fenced or walled-in facility that restricts public access, and a "restricted-access indoor installation" as a facility which does not have public access and does have adequate roof, walls, and floor to contain any release of PCBs. These definitions exempt our fenced substations from the phase-out. ~The regulations requiring equipment phase-outs have been challenged by four (4) legal suits in Federal Appellate Court. -49- 3. The use of Large PCB Capacitors which pose a risk of contamination t o food or feed (whether or not in a restricted-access) area I I facilities is prohibited after October 1, 1988. I -50- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I APPENDIX A The following list contains the trade names used for PCB dielectric fluid by various manufacturers of capacitors and transformers: NAME Aroclor Aroclor B Asbestol Askarel As karel Askarel Chlorextol Clorinol Clorphen Diaclor Dykanol Elemex Eucarel Hyvol Inerteen No-Flamol Pyranol Pyroclor Saf-'l"-Kuhl Santotherm FR Santovac 1 and 2 MANUFACTURER Monsanto P.R. Mallory American Corporation Hevi-Duty Corporation Ferranti-Packard Ltd. Universal Mfg. Company Allis-Chalmers Sprague Electric JARD Company, Inc. Sangamo Electric Cornell Dubilier McGraw-Edison Electric Utilities Corp. Aerovox Westinghouse Electric Wagner Electric General Electric Monsanto Kuhlman Electric Monsanto Monsanto -51- APPENDIX B. ,~ .......... --. ......................... ~. !·CAUTlON ;.;_ PC8s I Ill I' t j ...,._. • I FOi' ~ DtSP'OSAL INFOIIM4T10N ' I CCHTI.CT U.S. OMIIDNMElilAL ' • 1'110iECTIOli 1-G[liCY ' ~,_._...,..... ............ ---..~ ..................... I I I I I I I I I I I I I I I I I I I I I I I I APPENDIX C INSTRUCTIONS FOR PREPARING DATA FOR THE ANNUAL PCB SUMMARY REPORT Section 6 of the PCB Control, Handling and Disposal Plan -requires operating departments to prepare and forward a summary report of PCB I activities for each department for the previous calendar year. PCB Form 1 and I I I I I I I I PCB Form 2 are to be used for reporting data for the Annual PCB Summary Report. PLEASE BE EXPLICIT. FEEL FREE TO MAKE NOTES ON THE PCB FORMS WHICH WOULD BE HELPFUL IN EXPLAINING UNIQUE SITUATIONS. PCB Form l (Capacitors and Mixtures) -Instructions This form is used to show a balance of PCB capacitor inventories in service or storage for each location. It is used to report PCB Capacitors and the Mixtures that result from PCB capacitor ruptures, spillage, and clean-up. Mixtures resulting from other than PCB capacitor spillage are to be reported on PCB Form 2. Mixtures include soil, debris, rags, protective clothing, or other items contaminated by PCBs. "Type" is defined as a description of the contaminated item (see Appendix C of the PCB Plan for an example), and weights I must be given in kilograms (pounds divided by 2.2). When a capacitor is I I I I placed in the PCB drum, the mixture weight shall include the capacitor weight plus all other drum contents. "Location or Facility" must provide enough information to enable the capacitors to be physically located such as a description of the pole number and name of institution. -52- PCB Form 2 (Miscellaneous PCB Items) -Instructions I Thi~ form is used to report PCB inventories of items other than PCB capacitors and the mixtures that result fro111 failed PCB capacitors. Transformers, hydraulic equipnient, aotors, and heat exchanges are ex.amples. of PCB Items that should be reported on this form. Mixture resulting from misc~llaneous spills and clean-up should also be reported. For each type item, record total weight and fluid weight. Weights shall be given in kilograms (pounds divided by 2.2). •LC>cation or Facility• must provide enough information to enable the PCB Item to be physically located such as a description of th~ pole number and na~e of institution. Secondary capacitors are not to be report(;'d. -53- I I I I I I I I I I I I I I I I I I I -------------------LOCATION ITEM OR DESCRIPTION FACILITY ANNUAL PCB SUMMARY REPORT MISCELLANEOUS PCB ITEMS JANUARY 1, 19 __ to DECEMBER 31, 19 Rep_orting Organization: JANUARY 1 INSTALLED(+) AND REMOVED(-} TOTAL FLUID DATE TOTAL QUANTITY WEIGHT WEIGHT Inst. (+) QUANTITY HEIGHT (kg) (kg) Rem. (-) (kg) I Page __ of __ DECEMBER 31 .FLUID TOTAL "'LUID WEIGHT ~UANTITY. WEIGHT WEIGHT (kg) (kg) (kg) .. I I I LOCATION ITEM OR DESCRIPTION FACILITY - -------ANNUAL PCB SUMMARY REPORT MISCELLANEOUS PCB ITEMS JANUARY 1, 19_ to DECEMBER 31, 19_ . --ing 0 izati JANUARY 1 INSTALLED (+) AND REMOVED (-)_ TOTAL FLUID DATE TOTAL QUANTITY WEIGHT WEIGHT Inst. (+) QUANTITY WEIGHT (kg) (kg) Rem. (-) (kg) l ----· ---------- ---Page __ of __ DECEMBER 31 . FLUID TOTAL FLUID WEIGHT . QUANTITY. WEIGHT -lEIGHT (kg) (kg) (kg) ' ' ' -- -- - ----- ----- -POftM rco DISPOSAL TRANSPORT RECORD 1. PCB ITl:M REMOVED f'ROM1 ---------------:-------2. DATE REMOVED,-------------------------2. WORK ORDER NUMBER (SEE INSTRUCTIONSJt 4. DESCRlf'TION1 A. DRUM1 CONTENTS WEIGHT(KILOQRI\MSJ _______ _ B. CAPI\CITOR(SJ1 (FILL;OUT l"OR SINGLE CAPACITORS AS WELL AS CAPACITORS PUT INTO DRUMSJ SEftlAL NUMBER C. OTHER1 DESCRIPTION S. TRANSPORT LOOI . SENDER NAME LOCATION ., SIZE IKVARI WUOHT (KILOORAMSJ RliCIEIVER DATE NAME LOCATION ATTENTION! SEE INSTRUCTIONS ON DACK DATE ----- -- -INSTRUCTIONS TUIS PCB OISf'OSAL TRANSronT REPORT IS USED TO VERIFY ANO ASSURE COMPLIANCE WITH EPA REOULATIONS Fon THE DISPOSAL OF PCB ITEMS. THE INFORMATION ON THIS CAnD WILL BE USED av THE'' ENFORCEMENT DIVISION OF EPA T<1 MONITOR ·• ~····• ACTIVITIES REU\TINQ TO HANDLING ANO DISPOSAL OF PCB'S. THE RECEIVER OP ANV PCB ITEMS IS RESPONSIBLE FOR VERIFY• ING THE ACCURACY OF THIS RECORD av INSPECTING THE REVERSE SIOE TO ASSURE THAT ALL INFORMATION IS SUPPLIED COMPLETELY. THIS RECORD IS TO: BE ATTACHED TO ALL PCB ITEM~ IH TRANSPORT Fon DISPOSAL. lllCTIOH 11 WRITE THE LOCATION WHERE THE PCB ITEM WAS RE• MOVED FROM SERVIClt on STORAG.E ANO PUT IN TRANSPORT FOR DISPOSAL. SECTION Jt WRITE THE DATE: THE PCB ITEM WAS REMOVED FROM SERVICE OR STOCK AND PUT IN TRANSPORT FOR DISPOSAL. .. SECTION Jt THIS ITEM IS OPTIONAL ANO IS NOT REQUIRED AS PART OF THE RECORD KEEPING PROCESS. SECTION 41 DESCRIBE THE ITEM TO WHICH THIS RECORD IS ATTACHED. COMPLETE ALL INFORMATION THAT APPLIES TO THE ITEM. NOTICE THAT ALL WEIGHTS MUST BE GIVEN IN KILOGRAMS (POUNDS ..a. 2.JJ. WEIGHTS SHALL BE ORUM CONT£NTS WEIGtiT0 WHICH IS EQUAL TO TOTAL DRUM WEIGHT MINUS U KILOGRAMS IEM,.TY DRUM WEIGHTJ. NOTE1 Fon CAPACITORS PUT INTO DRUMS, ONLY ONE CARD MUST DE FILLED OUT AND ATTACHED TO THE DRUM. INFORMATION RE• GARDING THE CAPACITORS SHOULD bE GIVEN IN SECTION 4.0. Fon SINOLE CAPACITORS NOT PLACED IN DRUMS, CONTINUE FIi.LiNO OUT A CARD Fon EACfl INDIVIOUI\L ~TMI ANO GIVE THE INFORMATION CALLEO Fon IN S~C--~l'\4-1-SECTION •• EI\CH LOCATION SENOINO on RECEIVING A PCB ITEM Fon DISPOSAL MUST COMPLETE THE TRANs,onr LOO, /\NO AN EM, PLOY££ IN CHARO£ MUST WRITE 1-115 NAME (NOT INITIALSJ I\S INDI• CATION THAT RESPONSIOILITY IS ACCEPTED FOR THE ACCURACY OF nus PCD DISPOSAL TflANSPORT RECORD. PCB TRANSFORMER INSPECTION AND MAINTENANCE PROGRAM PROCEDURES INSPECTIONS 1. 2. Identify the locations of PCB Transformers under your jurisdiction and arrange to inspect for leaks on a quarterly basis. Fill out the part of Form A, Record of Quarterly PCB Transformer Inspections, under the heading "Inspection Results." The types of leaks are defined by EPA as follows: "minor leak" - "moderate leak" - any instance in which a transformer has any dielectric fluid on any portion of its external surface. any leak which results in any quantity of dielectric fluid running off or about or run off the external surface of the transformer. -54- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II. MAINTENANCE/SERVICING 1. 2. Maintenance of PCB Transformers is r_equired only in instances where a •moaerate leak•, as defined above and on Form A, is discovered during an inspection. To eliminate the source of the leak, the PCB transformer must be repaired and cleaned, or it must be replaced. This servicing is required by the EPA rulemaking to commence within~ (2) business days from the date the moderate leak is observed. After maintenance/servicing is completed, fill out the •servicing Results• portion of Form A. RECORDKEEPING 1. It is suggested that one Form A sheet be used for each individual PCB Transformer. By doing this, a running account of each PCB Transformer can be kept as future inspections are made. 2. Retain the original of completed Form A for your continued future use. However, after each quarterly inspection (and servicing, if needed) has been accomplished, make a copy of Form A and send to the department PCB Manager. A central file will be kept in Raleigh in case of an EPA inspection. 3. Form A will serve as the permanent record of PCB Transformer inspection and maintenance. The records, as required by EPA, must be kept for at least three (3) years. Should your working copies of Form A be lost or damaged, we will furnish you a copy of your most recent update as sent to us. -55- / / Fcb,z.-t1 A I ,. • ~ ···-PCB TRANSFORMER INSPECTION/MAINTENANCE RECORD I. II. TRANSFORMER(S) NAME _________________ _ SIZE _________________ _ LOCATION_· _______________ _ MANUFACTURER _____________ _ DIST. DISTRICT OR OPER. AREA ________ _ SERIAL NUMBER ____ • __________ _ Ill. INSPECTIONS FREQUENCY OF INSPECTIONS: (Circle One) Weekly Quarterly Annually A leak is defined as any quantity of oil running off or about to run off the external surface of a PCB transformer. DATE INITIALS LEAK REPORT LEAKS TO MAINTENANCE LOCATION OF LEAK REMARKS NO YtS DATt PERSON REPOH fED TU ON TRANSFORMER . EAK (Cl d b-. h fterd k) DAILY INSPECTIONS DATE INITIALS DATE INITIALS DESCRIBE CONTAINMENT AND RESULTS (GIVE OATESI: V. REPAIR AND CLEANUP OF LEAK DATE BY . TOTAL AMOUNT DESCRIBE REPAIR ANO CLEANUP: LEAKED .. ----- - - - -·- - - - - - - - - - - - - I I I I I I I I I I I I PURPOSE OIL SAMPLING PROCEDURE FOR LABORATORY ANALYSIS OF TRANSFORMER OIL This document is to be used as a procedure for gathering and handling oi l samples to be analyzed in the lab. The department PCB Manager will be responsible for locating a state or private laboratory for PCB analyses. GENERAL NOTES Incorrect data may result in the lab unless care is taken to avoid contamination of samples from outside sources. ,Keep dirt and grease out of the sample vial. use only clean vials to eliminate cross contamination from one sample to another. Inspect screw caps to be certain they have a foil or I Teflon liner and are not cracked or broken. I I I I I I Accurate recordkeeping is as important as avoiding contamination. A sample information and check sheet should be filled out for each sample and sent along with the sample to the test facility. A blank form is included with this procedure. Personal protective equipment is available and shall be used as necessary, -56- Any excess oil obtained in the sampling process, including rags or protective clot hing that comes in contact with the oil, should be disposed of in a proper manner. SAMPLE KIT A complete kit consists of either two or six clean sample vials (3.7 ml) with a number on the o utside of each vial, screw caps wit h foil or Teflon l iners for each , and a carrying/shipping case. A sample form should be filled out by the person gathering the sample. Any vials without a vial number should not be used. PROCEDURE 1. Place container under valve to catch overflow. 2. 3. 4. Obtain at least 2 ml. of clean oil in vial. (If necessary, an adapter can be attached to control the oil flow.) Cap securely and wipe any oil from outer surface of the vial. Fill out a sample form for each individual sample obtained. In some cases, a sample must be obtained from the top of a transformer instead of through a drain valve. In this case, use a length of mechancis wire (18 gauge) to lower the vial through the opening in the top of the transformer until the vial fills with oil. Then withdraw the sample, dispose of the wir e properly, and begin with step 3 above. -57- I I I I I I I I I I I I I ' I I I I I I I I I I I I I I I I I I I I I I I I If tubing is used to obtain a transformer oil sample, teflon tubing should be used, not plastic. Anyone with questions concerning testing or scheduling tests should contact the department PCB Manager. -58- FORM OIL SAMPLE DATA FORM )ATE: --------- STATION/CUSTOMER: _______________ _ TOWN: TYPE EQUIPMENT _______________ _ RETAIL DISTRICT: ---------- MANUFACTURER: ____________ _ SERIAL NUMBER: TRANSFORMER KVA: -----DATE OF MANUFACTURE: ______ VIAL NUMBER: ______ _ OT NUMBER: ) SINGLE PHASE ) THREE PHASE -------- NAME OF PERSON OBTAINING SAMPLE: BUSHING TRANSFER NO: ----------------- FIELD. PROCEDURE l. PLACE CONTAINER UNDER VALVE TO CATCH OVERFLOW. 2. OBTAIN AT LEAST 2ml OF CLEAN OIL IN VIAL. 3. CAP SECURELY AND WIPE ANY OIL FROM THE OUTER SURFACE OF THE VIAL. 4. FILL OUT A SAMPLE FORM FOR EACH SAMPLE. COMMEIITS: (UNUSUAL DIFFICULTY IN OBAINTING SAMPLE? OIL DISCOLORED OR ODOROUS? ETC.) THIS SPACE FOR LAB USE ONLY SAMPLE VOLUME: 1ml .Sml ( ) OTHER ----- HEXANE VOLUME: 5ml 10ml OTHER ----- INJECTION VOLUME: () 2ul ) 3ul () OTHER ----- TYPE PCB: ( ) NOT APPLICABLE ( ) 1260 ( ) 1254 ( ) 1242 ( ) OTHER ____ _ COOCENTRATION: ( ) NON-DECTECTABLE ( ) TRACE (QO PPM) ( ) OTHER ___ PPM ANALYST: I I I I I I I I I I I I I I I I I I I I I I I I I I -I I I I I I I I I APPENDIX F. Date -----------Time PCB SPILL DIAGRAM ----------Department -------- Spil 1 Location _____________ =---=-~-......,.....--=--:-:-::,.......-:----------- Type Equipment Spill From City or County & State _____ .....-____ (Capacitor, Transformer, Etc.) ______ _ Name of Person in Charge of Collection _____________________ _ Note: Copy of spill diagram should be placed inside the zip-lock plastic bag provided -with the kit to prevent sheets from getting wet. -. -, '111111 I>. PO~ ~ Use dotted line to indicate perimeter of spill N j Scale in feet O 1 2 3 4 5 J D Use one square foot block to indicate heaviest concentration I SYMBOL SAMPLE DESIGNATION Sample 1 LOCATION I ffl I Sample 2 Sample 3 Uncontaminated Area of suspected heaviest concentration Area near perimeter of spill Mixture of three random areas within spill More than 20 feet from spill perimeter Time Department Date _________ _ ---------------- Spi 11 Location. ____________ -=---=--=----:--:::--:--;-;---::----------- Type Equipment Spill From City or County & State. _________ (Capacitor, Transfonner, Etc.) _____ _ Name of Person in Charge of Collection ____________________ _ Note: Copy of spill diagram should be placed inside the zip-lock plastic bag provided with the kit to prevent sheets from getting wet. --. -, EX t\MP E: C lm~ 11et bd :tia l lca 1.10 1S. " \ ' ' " \ \ ' \ '\ \ \ , /'- \ i\ ~ I ~ i\ ~ r \ \ ._ \ .. ~ r\ \ \ \ ..... ~ \ \ j I rlo. ' I\~ t\ I\ ~ \ !o~ i,,, ( ~ \ ' -"'< ) ' # '/5 \ rL \ ·7 ' I\ --~ \ ~ ' -'> ' 1, j~ --I\ -" I\ • \ I~ \ ..... ... ~ ' ' ~ , " \ \ \ \ \ , \ i\ \ \ ' \ i\ \ \ ' ' ' -----Use dotted line to indicate perimeter of spill N j lra n s 10W nc sa 1D l l I/ ., y V " V .... " ' \ v' 1, \ -~► ' f,-,:: • L-, l%J \ \ ~ l' B \. -rY ~ r • \ \: } \ j t) • IT-.. i) I \ lill -(.. . \ -:s -, If , ~ ~ ~ ~ \ I, ., -\ \ ~ \ Scale in feet O 1 2 3 4 5 I 0 Use one square foot block to indicate heaviest concentration _/ b \ \ I I I I I I I I I I I I I I I I I SYMBOL SAMPLE DESIGNATION Sample 1 LOCATION I Area of suspected heaviest con cent ration Sample 2 Sample 3 Uncontaminated Area near perimeter of spill Mixture of three random areas within spill I More than 20 feet fror.1 spi l l i-)2riiTleter Personnel Protection, Sampling -continued Carolina Safety Distributors, Inc. 610 W. Johnson Street Raleigh, N.C 27603 919 -834-5671 (Complete Personnel Protection and Safety Devices) MSA 600 Penn Center Blvd. Pittsborough, P.A. 15235 412 -273-5000 Safety Equipment Scott Health/Safety Products Lancaster, New York 14086 (Personnel Protection Breathing devices) , .. ---- - - - -APPENDIX G - - -I I ! l -..-.-I Protecbon ot Environment 40 PART 425 TO END Revised as of July 1, 1983 CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JULY 1, 1983 With Ancillaries Published by the Office of the Federal Register National Archives and Records Service General Services Administration as a Special Edition of the Federal Register -<f 750.41 <2> The persons to be cross-examined on each issue; <3> The persons to be allowed to con-duct cross-examination; and <4> Time limits for thl' examination of each witness by each cross-examin-er. Cc> In issuing this ruling, the panel may determine that one or more par-ticipants who have requested cross-ex-amination have the same or similar in-terests and should be required to choose a single representative for pur-poses of cross-examination by that single representati\·e without identify. ing the representative further. Sub• poenas for witnesses may be issued where necessary. <d> Within one week after the inser-tion into the record of the ruling under paragraph <bl, the hearing at which the cross-examination will be conducted will begin. One or more members of the original panel will pre-side for EPA. The panel will have au-thority to conduct cross-examination on behalf of any participant, although as a general rule this right will not be exercised. The panel will also have au-thority to modify the governing ruling in any respect and to make new rul-ings on group representation under section 6Cc>C3><C> of TSCA. A verbatim transcript of the hearing will be made. Ce)Cl l No later than the time set for requesting cross-examination. a hear-ing participant may request that other alternati\'e methods of clarifying the record <such as informal conferences or the submittal of additional informa-tion> be used·. Such requests may be submitted either in lieu of cross-exam• ination requests, or in conjunction with them. (2> The panel in passing on a cross-examination request may. as a precon-dition to ruling on its merits, require that alternative means of clarifying the record be used whether or not that has been requested under para• graph <e>< 1 > of this section. In such a case, the results of the use of such al• ternalive means will be made available to the person requesting cross-exami-nation for a one-week comment period. and the panel will make a final ruling on cross-examination within one week thereafter. f-itle 40--Prolection of Environment <f> Waivers or extensions . of any deadline in this section applicabll' to persons other than EPA may be grant: ed on the record of the hearing by the pl'rson chairing it or in writing by the Hearing Chairman. § 7,;0.11 1-'inal rule. <a> As soon as feasible after the deadline for submittal of reply com-ments, EPA will issue a final rule. EPA will also publish at that time: < 1 > A list of all material added to the record <other than public comments and material from the hl'aring record> which has not prl'viously been listed in a FEDERAL REGISTER document. and <2l The effective date of the rule. <b> Pursuant to the delegation of au-thority made in the Preamble to the Final Regulation for the PCB Manu-facturing, Processing, Distribution in Commerc~ and Use Prohibitions, tlw Assistant Administrator for Toxic Sub-stances will grant or deny petitions under section 6<e><3><B> of TSCA sub• mil.led pursuant to § 750.31. The As-sistant Administrator will act on such petitions subsequent to opportunity for an informal hearing pursuant to this rule. <c> In determining whether to grant an exemption to the PCB ban, EPA will apply the two standards enunci-ated in section 6<e><3><B> of TSCA. PART 761-POL YCHLORINATED BI-PHENYLS (PCBs) MANUFACTUR-ING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBI-TIONS S11bpart A-General Sec. 761.1 Applicability. 761.3 Definitions. 761.19 References. Subpart 8-Manufacturing, Processing, Oi,tri; bution in Commerce, and Use of PCB, and PCB Items 761.20 Prohibitions. 761.30 Aul horizations. Subpart C-Marking of PCBs and PCB ltenu 761.40 Marking requirements. 761.45 Marking formats. -- - -530 -----Chapter 1-Env-iro-nmental Pr.otection Agency § 761.3 Sec. 761.60 761.65 761.70 761.75 761.79 Subpart D-Storage and Oispa10I Disposal requirements. Storage ror disposal. Incineration. Chemical v.aste landfills. Decontamination. Subparts E-1-( Reserved J Subpart J-lecards and Reports 761.180 Records and Monitoring. 761.185 Certification program and reten• tion of special records by persons gener• ating PCBs in closed manufacturing processes and controlled waste manufac• turing processes. AUTHORITY: Secs. 6, 8, and 12, Toxic Sub· stances Control Act, 15 U.S.C. 2605. 2607, and 2611. SouRcE: 44 FR 31542. May 31. 1979. unless otherwise noted. Subpart A-General § 761.1 Applicability. <a> This part establishes prohibitions of, and requirements for. the manufac• ture, processing, distribution in com• merce, use, disposal, storage, and marking of PCBs and PCB Items. (b) This part applies to all persons who manufacture, process, distribute In commerce. use, or dispose of PCBs or PCB Items. Unless it is otherwise specifically provided, the terms PCB and PCBs are used in this rule to refer to any chemical substances and combi• nations of substances that contain 50 ppm <on a dry weight basis> or greater of PCBs, as defined in § 761.3<s>. in-cluding any byproduct, intermediate, or impurity manufactured at any point in a process. Any chemical sub• stances and combinations of sub-stances that contain less than 50 ppm PCBs because of any dilution. shall be included as PCB and PCBs unless oth· erwise specifically provided. Sub• stances that are regulated by this rule include, but are not limited to. dielec-tric fluids, contaminated solvents. oils, waste oils, heat transfer fluids. hY· draulic fluids. paints, sludges, slurries, dredge spoils, soils. materials contami-nated as a result of spills. and other chemical substances or combination of substances, including impurities and byproducts. <c> Definitions of the terms used in these regulations are in Subpart A. The basic requirements applicable to disposal and marking of PCBs and PCB Items are set forth in Subpart D-Disposal of PCBs and PCB Items and in Subpart C-Marking of PCBs and PCB Items. Prohibitions applica• ble to PCB activities are set forth in Suhpart B-Manufacture. Processing, Distribution in Commerce, and Use of PCBs and PCB Items. Subpart B also includes authorizations from the pro-hibitions. Subparts C and D set forth the specific requirements for disposal and marking of PCBs and PCB Items. Cd) Section 15 of the Toxic Sub• stances Control Act <TSCA> states that failure to comply with these regu-lations is unlawful. Section 16 imposes liability for civil penalties upon any person who violates these regulations, and the Administrator can establish appropriate re~dies for any viola• tions subject to any limitations includ-ed in section 16 of TSCA. Section 16 also subjects a person to criminal pros· ecution for a violation which is know• ing or willful. In addition, section 17 authorizes Federal district courts to enjoin activities prohibited by these regulations, compel the taking of ac-tions required by these regulations, and issue orders to seize PCBs and PCB Items manufactned, processed or distributed in violation of these reg-ulations. <e> These regulat:ons do not pre-empt other more stringent Federal statutes and regulations. <f> Persons who manufacture, proc-ess, distribute in commerce, or use PCBs generated as byproducts, impuri· ties or intermediates in closed and con-trolled waste manufacturing i:,rocesses <as defined in § 761.3 (jj > and < kk » are exempt from the requirements of Sub• part B. To qualify for this exclusion, such processes must also fully comply with § 761.185. [44 FR 31542. May 31. 1979. as amended at 47 FR 46995. Oct. 21. 19821 !i 761.3 Definitions. For the purpose of this part: <a> "Administrator" means the Ad· ministrator of the Environmental Pro• tection Agency. or any employee of ----531 - -- - - -·-§ 761.3 -- -- - --_..,_ --- ---- -the Agency to whom the Administra-lor may either herein or by order dele-gate his authority tc carrr out his ft.:nctions, or any person who shall by operation of law be authorized to carry out such functions. < b> "Agenc)•" means the Unltt>d Stales En\'lronmental Protection Agency. <c> "Byproduct" means a chemical substance produced without separate commercial intent during the manu-facturing or proces.:;lng 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: < l > "Small capacitor" mrans a ca-pacitor which contains less than 1.36 kg <3 lbs.> of dielectric fluid. The fol-lowing assumptions may be used if the actual weight of the dielectric fluid is unknown. A capacitor whose total volume is less than 1,639 cubic centi-meters < 100 cubic inches> may be con-sidered to contain less than 1.36 kg (3 lbs.) of dielectric fluid and a capacitor whose total volume is more than 3,278 cubic centimeters <200 cubic Inches> must be considered to contain more than 1.36 kg (3 lbs.> of dielectric fluid. A capacitor whose volume is between 1.639 and 3,278 cubic centimeters may be considered to contain less than 1.36 kg (3 lbs.) of dielectric fluid if the total weight of the capacitor is less than 4.08 kg (9 lbs.). <2> •·Large high voltage capacitor" means a capacitor which contains 1.36 kg (3 lbs.> or more of dielectric fluid and which operates at 2000 volts <a.c. or d.c.) or above. <3> "Large low voltage capacitor" means a capacitor which contains 1.36 kg (3 lbs.> or more of dielectric fluid and which operates below 2000 volls <a.c. or d.c.>. <e>< l> "Chemical substance", except as provided in paragraph <e ><2> of this section. means any organic or lnorgan• ic substance of a particular molecular identity, including: · (i) Any combination of such sub• stances occurring in whole or part as a result of a chemical reaction or occur-ring in nature, and Title 4C-~Protedlon of Environment <Ii> Any element or uncombined radi-cal. <2> Such term does not Include: (I) Any mixture, <II> Any pesllcide <as defined in the Federal Insecticide, Fungicide, nnd Rodenticide Act> when manufactured. processed, or distributed In commer~e for use as a pesticide. (iii) Tobacco or any tobacco product. <iv> Any source material. special nu-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>. <v> Any article the sale of which is subject to the tax imposed by section 4181 of the Internal Rf>venue Code of 1954 <deti>rmined without regard lo any exemptions from ~uch lax pro-vided by section 4182 or section 4221 or any provisions of such Code>. and <vi> Any food, food additive. drug, cosmetic, or de,•ice (as such terms arc defined in section 201 of the Federal Food. Drug, and Cosmetic Act> when 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 § 761.75. (g) "Commerce" means trade, traf-fic, transportation. or other commerce: < 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. < h > ''Disposal" m<>ans intentionally or accidentally to discard, throw away. or otherwise complete or terminaLP the useful life of PCBs and PCB Items. Disposal includes spills, leaks. and other uncontrolled discharges of PCBs as well as actions related to con-taining, transporting, destroying, de-grading, decontaminating, or confining PCBs and PCB Items. <il "Distribute in commerce" and "Distribution in Commerce" when used to describe an action taken with respect to a chemical substance, mix· 532 § 761.3 Chaptor l-Envlronmental Prohtdlon Agency stance and if the combination could have been manufactured for cornmer-clal purposf>s without a chemical reac-tion at the lime the chemical sub-stances comprising the combination were combined. ture. or articlr containing a substance or mixture means to sell. or the sale of. the substance. mixture, or article in commerce: to introduce or deliver for lntroducllon Into commerce, or the In• troducllon or delivery for introduction Into commerce of ttle 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 controls flu-orescent light fixtures and that in-cludes a capacitor containing 0.1 kg or less of dielectic. <k> "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. Examples of de-vices used for incineration include rotary kilns. liquid injection Inciner-ators, cement kilns. and high tempera-ture boilers. <m> "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. <n> "Manufacture" means to pro-duce, manufacture, or import into the customs territory of the United States. <o> "Mark" means the descriptive name, instructions. cautions. or other Information applied to PCBs and PCB Items. or other objects subject to these regulations. (p) "Marked" means the marking of PCB Items and PCB storage areas and transport vehicles by means of apply-Ing a legible mark by painting, fix-ation of an adhcsi\'c label. or by any other method that meets the require-ments of these regulations. <r> "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 acli\'ilies, office functions. and commercial housekeeping wastes. <s> "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<b> Applicability for applicable concentra-tions of PCBs>. PCB and PCBs as con-tained in PCB Items are defined in § 761.3<x>. <t> "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 Articlti" in-cludes capacitors. transformers. elec-tric motors, pumps, pipes and any other manufactured item c 1 > which is formed to a specific shape or design during manufacture. <2> which has end use function(s) d<•pendent in whole or in part upon its shape or design during end use. and <3> which has either no change o! chemical com-position during its end use or only those changes of composition which have no commerical purpose separate from that of the PCB Article. <u> "PCB Article Container" means any package. can. bottle, bag. barrel. drum. tank or other device used to contain PCB Articles or PCB Equip-ment. and whosP surface<s> has not been in direct contact with PCBs. <v> ··PCB Container" means any package. can, bottle. bag, barrel, drum. tank. or other device that contains PCBs or PCB Articles and whose surface<s> has been in direct contact with PCBs. <q> "Mixture" means any combina-tion 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 reaction if none of the chemical substances comprising the combination is a new chemical sub-<w> "PCB Equipment" means any manufactured item. other than a PCB Container or a PCB Article Container. which contains a PCB Article or other PCB Equipment. and includes micro· 533 -§ 761.3 wave ovens, electronic equipment, and nuorescent light ballasts and fixtures. <x> .. PCB Item .. is defined as any PCB Article, PCB Article Container, PCB Container, or PCB Equipment, that deliberately or unintentionally contains or has as a part of it any PCB or PCBs at a concentration of 50 ppm or greater. (yl "PCB Transformer" means any transformer that contains 500 ppm PCB or greater. <z> .. PCB-Contaminated Electrical Equipment.. means any electrical equipment, including but not limited to transformers <including those used in railway locomotives and self-pro-pelled cars>, capacitors. circuit break-ers, reclosers, \'oltage regulators, switches <including sectlonalizers and motor starters,. electromagnets. and cable, that contain 50 ppm or greater PCB. but less than 500 ppm PCB. Oil-filled electrical equipment other than circuit breakers, reclosers, and cable whose PCB concentration is unknown must be assumed to be PCB-Contami-nated Electrical Equipment. (See § 761.30<a> and <h> for provisions per-mitting reclassification of electrical equipment containing 500 ppm or greater PCBs to PCB-Contaminated Electrical Equipment>. <aa> "Person" means any natural or judicial person including any individu-al, corporation, partnership, or associ-ation: any State or political subdivi-sion thereof: any interstate body; and any department, agency, or instrumen-tality of the Federal Government. <bbl .. Process .. means the prepara-tion of a chemical substance or mix-ture, after its manufacture, for distri-bution in commerce: c 1 > In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so prepar-ing such substance or mixture, or (2) As part of an article containing the chemical substance or mixture. <cc> .. Sale for purposes other than resale" means sale of PCBs for pur-poses of disposal and for purposes of use. except where use involves sale for distribution in commerce. PCB Equip-ment which is first leased for purposes of use any time before July 1, 1979, Title 40-Protection of Environment 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. <eel "Small quantities for research and de\·elopment .. means any quantity or PCBs (1 > that is originally packaged in one or more hermetically sealed containers of a volume of no more than five <5.0> milliliters, and <2> that is used only for purposes of scientific experimentation or analysis, or chemi-cal research on, or analysis of, PCBs. but not for research or analysis for the development of a PCB product. <ff> .. Storage for disposal .. means temporary 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 IJy 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. (jj) .. Closed manufacturing process .. means a manufacturing process in which PCBs are generated but from which less than 10 micrograms per cubic meter from any resolrnble gas chromatographic peak are contained in any release to air; less than 100 mi-crcgrams per liter from any resolvable gas chromatographic peak are con-tained in any release to water; and less · than 2 micrograms per gram from any resoh•able gas chromatographic peak are contained in any product. or any process waste. <kk> "Controlled waste manufactur-ing process" means a manufacturing process in which PCBs are generated but from which less than 10 micro· ----53'11111 ----f It v ., !;;. f.: Chapter I-Environmental Protection Agency §761.19 grams per cubic meter from any re-solvable gas chromatographic peak are contained in any release to air: less than 100 micrograms per liter from any resolvable gas chromatographic peak are contained In any release to water: less than 2 micrograms per gram from any resolvable gas chroma-tographic peak are contained in any product, and the remainder of PCBs generated are Incinerated In a quali-lied incinerator, landfilled In a landfill approved under the provisions of § 761.75. or stored for such inciner-ation or landfilling in accordance with the requirements of§ 761.65Cb><ll. (II) .. Posing an exposure risk to food or feed .. means being in any local ion where human food or animal feed products could be exposed lo PCBs re-leased from a PCB Item. A PCB Item poses an exposure risk to food or feed if PCB.s released in any way from the PCB Item have a potential pathway to human food or animal feed. EPA con-siders human food or animal feed to include items regulated by the U.S. Department of Agriculture or the Food and Drug Administration as human food or animal feed: this in-cludes direct additives. Food or feed is excluded from this definition if it is used or stored in private homes. <m111> "Manufacturing process" means all of a series of unit operations operating at a site, resulting in the production of a product. <nn> "Qualified incinerator .. means one of the following: < 1 I An incinerator approved under the provisions of § 761.70. Any concen-tration of PCBs can be destroyed in an incinerator approved under§ 761.70. <2> A high efficiency boiler apprO\·ed under the provisions of § 761.60<a><3>. Only PCBs in concentrations below 500 ppm can be destroyed in a high-ef-ficiency boiler appro\•ed under § 761.60<aH3). <3> An incinerator approved under section 3005<c> of the Resourcc> Con-servation and Recovery Act <42 U.S.C. 6925<c>J <RCRAl. Only PCBs in con-centrations below 50 ppm can be de-stroyed in a RCRA-approved inciner-ator. The manufacturer seeking to qualify a process as a controlled waste process by disposing of wastes in a RCRA-approved incinerator must make a determination that the incin-erator is capable of destroying less readily burned compounds than the PCB homologs lo be destroyed. The manufacturer may use the same guid-ance used by EPA in making such a determination when issuing an approv-al under section 3005<c> of RCRA. The manufacturer is also responsible for obtaining a reasonable assurance that the incinerator, when burning PCB wastes. will be operated under condi-tions which have been shown to enable the incinerator to destroy the less readily burned compounds. 144 FR 31542. May 31. 1979. Redt•shmated at 47 FR 19527. Mar 6. 1982. and anwndt>d at 47 FR 37356. Aug. 25. 1982: 47 FR 46995, Oct. 21. 1982: 47 FR 54437. 0Pc. 3. 1982: 48 PR 4467. Pt>b. l. 19831 !i i61.19 Reforent·es. <al [Reserved] <b> Incorporations by refere11ce. The following material is incorporated by reference. and is available for inspec-tion at the Office of the Federal Reg-ister Information Center. Rm. 8301. 1100 L St. NW., Washington. DC 20408. These incorporations by refer-ence were approved by the Director of the Office of the Federal Register. These materials are incorporated as they exist on the date o; apprornl and a notice of any change in these materi-als will be published in the FEDERAL REGISTER. Copies of the incorporated material may be obtained from the Environmental Protection Agency Document Control Officer <TS-793>. Office of Pesticides and Toxic Sub-stances, EPA. Rm. 106, 401 M St., SW., Washington. D.C. 20460, and from the American Society for Testing and Ma-terials <ASTM>. 1916 Race Street. Philadelphia. PA 1910 CFR Citation ASTM 093-77 Standard Test § 761 60(al(J)(,u)(8)(o). Method !0< Flash Po,nt Dy § 761 75tDH8)(,u) Pensky-Martens Closed ' Tesler ASTM 0129-64 (Aeapproved § 761 60(a)(J)(,u)(8)(6) 1978) S1anoard Tes! Melhod lor Sullur ,n Petro-leum Products (General BomD Melhod) _,:11:1-:1-.. :_ -535 ----- -- --§ 761.20 CFR Cotalion ASTM 0240-76 IAeapp<o,,ed -§ 761 60ta)l3)(1•)1B)(6') 1980) Slandafd T esl Mclhod lot Hedi ol Com-buSIIOn QI L,qu,d Hydrocar-' bon fuel by Bomb Calotl· meler. i ASTM 0482-74 Standard . f 761 60(a)(3)(1H)(B)(6'). r esl McthOd tor A$/> trom · PulrOium Products ASfM 0-524-81 Slandard ; § 761.60(a)l3)1011)(B)(6). Test Melhod lor Ramsbol-tom Carbon AeStduP. of Pe• ' lr~cum Products . ASTM 0-808-81 Slandard : § 761 60(a)(J)(111)1B)(6) T esl Method lot Chlot1ne ,n . New and Used Pelmteum Producls (Bomb Melhod) ASTM 0-923-81 Slandard . §762 60(9)(1)(11), THI M~thod lor Samphn':I _ § 761.60(g)(2)(u) Electrical 1nsulat1ng liquids. 1 ASTM O t 266-70 (Reap• § 761 60(a)(J)(11o)(B)(6) proved 1975) Slandard , T esl Mel hod tor Sulfur on Pe11olum P1oducls (Lamp · Melhod) ' ASTM 01796-66 (Reap• § 761.60(a)l3)(110)18)16) proved 1977) Slandard Test Metnods IOf Water and Sed1men1 in Crudi! Oils and Fuel Oils by c~nu1tuge ASTM 02158-65 (Reap-§ 761 60(a)IJl(110HB)lo"). proved 1975) Standard T 0st Method fOf Restdut:'s : ,n L1Quelled Pelt0lt.•um tLP) Gas. ASTM 02709-68 1Reap-§ 761.60ta)IJ)(111)10)(6) proved 19l7) Slandard Test MelhorJ tor Water and Sediment 1n Osllllate fuel by Cenlrofuge ' ASTM 0278d-70 (Reap-§ 761 60(a)IJ)(111)(0)(6) p1o•ed 1975) Standard , Test MettK>d to, Sullur in L,quehed Petroleum Gases · (0,yhydrogen Butner ot : Lamp) ASTM 03178-73 (Reap· § 761 60(a)(3)(H1)(8)(6). proved 1979) Slandard Tesl Methods IOI Catbon and Hydrogen on lhe Analy-I sos Sample Oi Coke and , Coal. ASTM 03278-73 S1anda1d § 761.75(b)(8)(110) Test Mc-11.ods tor Flash Po1nl ol L,qu1d by Sclallash CIO~ed Tester ASTM E258-67 1Reapp1ovcd § 761 60(al(3)(u,J(B)(o) 1~77) Slandard r~s, Method tor T 01a1 N,uogen 1nort1an1c MaHmal by MoJ•· hcd .-.JCLOAHl Method -- - - -Title 40-P,otection of i:nvironmenj Subpart 8-Manufactu,lng, ProcHS• ing, Distribution in Commerce, and UH of PCBa and PCB Items ~ 761.211 l'rohibltlonK. l-l7 FR 22098. May 21, 1982, as amendt•d at 4111-'R 5730. Ft•b II, 19831 Except as authorlZt'd. in § 761.30 the actMties listed In paragraphs <al and (d) or this secllon are prohibited pur-suant to section 6<e><2> of TSCA. The requirements set forth in paragraphs <b> and <cl 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 6tel< 1) of TSCA. Subject to any exemptions iiranted pursuant to section 6<eH3HB) oC TSCA, the actl\'ities listed In para-graphs tbl and (c) of this section are prohibited pursuant to section 6(e)(3)(A) of TSCA. In addition, the Administrator hereby finds, under the authority of section 12<aH2l 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 en\'ironmental hazard of PCB expo-sure; the high probability of human and em-ironmental 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 bemgs or the en\'iron-ment to P<::Bs as measured or detected by any scientifically acceptable analyt • ical method is a significant exposure. as defined in § 761.3(dd>. Section 761.:lthhl and TSCA section 6(eH2HCI dl'fine the term totally enclosed manner as ··any manner which will ensure that any exposure or human beings or the eni:ironment to a poly• chlorinated biphenyl will be insignifi· cant • • •:· Since any exposure to PCBs is found to be a significant expo• sure. a totally enclosed manner is a manner that results in no exposure of 536 ---- ------Chapter I-Environmental Protection Agency § 761.20 humans or the em•ironment to PCBs. The following acti\'lties are considered totally enclosed: distribution in com-merce of intact, nonleaklng electrical equipmt>nt such as transformers < in-cluding transformPrs used in railway locomotives and self-propelled cars>. capnritors. electromagnets, vollage regulators. switches <including sPction-alizers and motor starters), circuit breakers, reclosers, and cable that con-tain PCBs at any concentration and processing and distribution in com-merce of PCB Equipment containing an intact, nonleaking PCB Capacitor. See paragrnph <cl tll of this st-ction !or provisions allowing the distribu-tion In commerce of PCBs and PCB Items. (al No person may process. distrib-ute ln 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 unlt•ss authorizl.'d under § 761.30 of this subpart. Paragraph ta> of this section is superseded by para-graph (cl for processing and distribu-tion in commerce of PCBs and PCB Items on the dates when that section becomes effecti\'e. (bl No person may manufacture PCBs for use within the United Statc>s or manufacture PCBs for export from the United States without an exemp-tion eXCl·Pl that: < 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 § 761.60;and <2> PCBs or PCB Items may be ex-ported for disposal until May 1. 1980. in accordance with the requirements of paragraph tcH3> of this section. <ci Effective> July 1, 1979. no person may process or distributt> in commerce any PCB or PCB Item fur usi> within the United States or for export from the. United States without an ext•mp-tion except that: < 1 > PCBs or PCB Items sold befori> July l, 1979. for purposrs other than resale may be dist ributt>d in eomnwrce only in a totally enclosed manner after. that date; (2) PCBs or PCB Items may be proc-essed and distributed in commerce in compliance wilh lhe rcquin·ments of this part for purposes of disposal in ac-cordance with the requirt•ments of § 761.60: <3> PCBs or PCB Items may bt' t'X-ported for disposal until Mar l. 1980, If an export notice is submittt•d at least thirty t30l days before the first shipment in any calendar year lt>avPs the customs territory of the Unitt>d States. Export notices must be submit-ted to the Document Control Officer <TS-79:J>. Office of Toxic Substances. U.S. Em·ironmental Protection Agency, 401 M Street, S.W., Washing-ton, D.C. 20460. The gennator of the PCB waste material intended for dis-posal, or an agent acting on his brhalf. must certify to the best or his knowl-edge etnd belief that the information is compll'le and accurate. Each notice should contain the following informa-tion: <il Name, company name. address, and telephone number of the ownpr of the PCB waste material to bC' exportc>d and the 11ame and addrc>ss of any Pt'rson or agent actir:1,1 on his behalf: (ii> Estimated quantity of wastes to be shipped during the cali>ndar yrar and the estimated numbPr of ship-ments to be made and tlw datl's when such shipments are expi>ctl'd to lean• the customs territory of the United States; (iiil Description of thf' PCBs or PCB Items bl'ing l'Xported; (iv) Country1s> ol destination for the shipments; (\·) Name and addrc>ss of facilityts> receiving the shipment and personts> responsible for recei\'ing the shipment<sl. (\'il Ml'lhod<s> oi disposal and pre-cautions taken to control release into the environment. ( \'ii l No less than 30 days after r he end of eac-11 calendar quarter <March 31. June 30, Septembt>r :JO. and Drce111-bt'r 31 l during whieh PCBs \\'l'rL' ex-ported f0r disposal, each pnson t'X· porting the PCBs must submit a report to the Document Control Offi-cer tTS-793), Office of Toxic Sub-stances, U.S. En\'ironmental Protec-tion Agt>ncy. 401 M Street, S.W .. Washington. D.C. 20460. The report shall list the quantity of PCB wastes in ,•ach shipment madP during the quarter and include the date when 537 § 761.30 <'ach shipment left the customs terri-tory of the United States and the in-formation specified in paragraphs <c><3><i> and <iii> through <vil of this s<'ction. If the quantity of wastes shipped during the calendar year ex-ceeds by 25 percent or more the esti-mated quantities reported in para-graph <c><3><ii> of this section, a spe-cial export notice must be submitted to the Document Control Officer <TS-793) at the address given in paragraph <c><3> at least 30 days before any addi-tional shipments leave the customs territory of the United States and the notice shall include the information specified in paragraphs <c><3> <il through <vi> of this section. <viii> Any person expecting to export PCB wastes for disposal in calendar year 1980 must submit an export notice at least thirty <30> days before the first shipment leaves the customs territory of the United States to the Document Control Officer <TS-793> at the address given in paragraph (cl(3) of this section, and the notice shall .contain the information listed in para-graphs <c><3> (i) through <vil of this section. <dl The use of waste oil that con-tains any detectable concentration of PCB as a sealant, coating, or dust con-trol agent is prohibited. Prohibited uses include, but are not limited to. road oiling, general dust control, use as a pesticide or herbicide carrier. and use as a rust preventative on pipes. (44 FR 31542. May 31 .. 1979. Redesignated at 47 FR 19527, May 6. 1982, and amended at 47 FR 37356. Aug. 25, 19821 11761.30 Authorizations. The following non-totally enclosed PCB activities are authorized pursuant to section 6<el(2l<Bl of TSCA: <a> Use in and sen·icing of tra11s-fonners <other than railroad tra11s-fom1ersl. PCBs at any concentration may be used in transformers <other than transformers for railroad locomo-tives and self-propelled railroad cars> and may be used for purposes of sen·-icing including rebuilding these trans-formers for the remainder of their useful lives. subject to the following conditions: t I> Use eo11ditio11s. (i) Aft<'r October I. 1985. the ui;c and storage for reuse Title 40-Protection of Environment or PCB Transformers that pose an ex-posure risk to food or feed is prohibit-ed. <ii> A visual Inspection of each PCB Transformer <as defined in § 761.3( y)) in use or stored for reuse shall be per-formed at least once every three months. These inspections may take place any time during the three month periods; January-March, April-June, July-September, and October-December as long as there is a mini-mum· of 30 days between inspections. The visual Inspection must include In-vestigation for any leak of dielectric fluid on or around the transformer. The. extent of the visual inspections will depend on the physical con-straints of each transformer installa-tion and should.not require an electri-cal shutdown of the transformer being inspected. Ciiil If a PCB Transformer is found to ha\·e a leak which results in any quantity of PCBs running off or about to run off the external surface of the transformer. then the transformer must be repaired or replaced to elimi-nate the source of the leak. In all cases any leaking material must be cleaned up and properly disposed of according to disposal requirements of § 761.60. Cleanup of the released PCBs must be Initiated as soon as possible, but in no case later than 48 hours of its discovery. Until appropriate action is completed, any active leak of PCBs must be contained to prevent exposure of humans or the environment and in-spected daily to verify containment of the leak. Trenches, dikes, buckets, and pans are examples of proper contain-ment measures. <ivl Records of Inspection and main-tenance history shall be maintained at least 3 years after disposing of the transformer and shall be made availa-ble for inspection. upon request, by EPA <OMB Control Number: 2070-0003). Such records shall contain the following information for each PCB Transformer: <Al Its location. <B> The date of each visual inspec-tion and the date that a leak was dis-covered, if different from the inspec-tion date. <Cl The person performing the in-spection. ------8-----Chapter I-Environmental Protection Agency § 761.30 <D> The location of any leak<s>. <E> An estimate of the amount of di-electric fluid released from any leak. c Fl The date of any cleanup. con-tainment. repair. or replacement. <G> A description of any cleanup. containment. or repair performed. <H> The results of any containment and daily inspection required for un-corrected acti\'e leaks. <v> A reduced visual inspection fre-quency of at least once e\'ery 12 months applies -to PCB Transformers that i.ttilize either of the following risk reduction measures. These inspections may take place any time during the calendar year as long as there is a minimum of 180 days between Inspec-tions. <Al a PCB Transformer which has impervious, undrained, secondary con-tainment capacity of at least 100 per-cent of the total dielectric fluid volume of all transformers so con-tained, or CB> A PCB Transformer which .has been tested and found to contain less than 60,000 ppm PCBs <after three months of inservice use if the trans-former has been serviced for purposes of reducing the PCB concentration>. < vil An increased visual inspection frequency of at least once every week applies to any PCB Transformer in use or stored for reuse which poses an exposure risk to food or feed. The user of a PCB Transformer posing an expo-sure risk to food or feed is responsible for the inspection. recordkeeping, and maintenance requirements under this section until the user notifies the owner that the transformer may pose an exposure risk to food or feed. Fol-lowing such notification. it is the owner's ultimate responsibility t.o de-termine whether the PCB Transform-er poses an exposure risk to food or feed. <2> Servici11g conditio11s. Ci> Trans-formers classified as PCB-Contaminat-ed Electrical Equipment <as defined in § 761.3(z)) may be serviced <including rebuilding> only with dielectric fluid containing less than 500 ppm PCB. (ill Any servicing < including rebuild-ing) of PCB Transformers <as defined in§ 761.3(y)) that requin•s the remov-al of the transformer coil from I he transformer casing is prohibited. PCB Transformers may be servic-t•d < includ-ing topping off) with dit•lt•ctric fluid at any PCB concentration. < iii) PCBs remo\'ed during any serv-icing acti\·ity must bP capt urrd and either reused as dielt>ctric fluid or dis-posed of in accordanc<' "·ith the re-quirements of § 761.60. PCBs from PCB Transformers must not be mixed with or added to dielectric fluid from PCB-Contaminated Electrical Equip-ment. <iv) Regardless of its PCB concentra-tlQn. dielectric fluids containing less than 500 ppm PCB that are mixed with fluids that contain 500 ppm or greater PCB must not be used as di-electric fluid in any electrical equip-ment. The entire mixtun• of dielectric fluid must be considered to be greater than 500 ppm PCB and must be dis-posed of in an incinerator that meets. the requirements in § 761. 70. <vl A PCB Transformer may be con-verted to PCB-Contaminated Electri-cal Equipment or to a non-PCB Trans-former and a transformer that is clas-sified as PCB-Contaminated Electrical Equipment may be reclassified to a non-PCB Transformer by draining, re-filling and/or otherwise servicing the transformer. In order to reclassify, the transformer's dielectric fluid must contain less than 500 ppm PCB < for conversion to PCB-Conl.aminated Elec-trical Equipmenti er less than 50 ppm PCB (for conversion to a non-PCB Transfomerl after a minimum of three months of in-ser\'ice use subsequent to the last servicing conducted for the purpose of reducing the PCB concen-tration In the transformer. In-ser\'ice means that the transformer is used electrically under loaded conditions , :1at raise the temperature of the di-electric fluid to at least 50 Ct>nti· grade. The Assi/;tant Administrator may grant, without further ru,emak-ing. apprornl for the usP of alternati\'e methods that simulate till' load<'d con-dition~ of in-service use. All PCBs re-mov<'d from transformers for purpose;-; of n•ducing PCB concentrations an• subject to the disposal rc-quin•mt•nts of § 761.60. <vil Any dielectric fluid containing 50 ppm or ~realer PCB us1•d for servic-ing transformers must be stor<'d in ac-- ---~ -- -- ·' \ --§ 761.30 -- -cordance with the storage for disposal requirements or 1761.65. <vii> Processing and distribution In commerce of PCBsfor purPoses of servicing transformers Is permitted only for persons who are granted an exemption under TSCA 6<e)(3l<B>. <b> Use in and sert•icing of railroad lransfonners. PCBs may be used In transformers in railroad locomoth•es or railroad self-propelled cars ("rail-road transformers"> and may be proc-essed and distributed In commerce for purposes of ser\'icing these transform-ers in a manner other than a totally enclosed manner subject to the follow-ing conditions: < 1 > Use restrictions. (i) After July 1. 1983. the number of railroad trans-formers containing a PCB concentra-tion greater than 60.000 ppm (6.0 per-cent on a dry weight basis) In use by any affected railroad organization may not exceed two-thirds of the total railroad transformers containing PCBs in use by that organization on January 1. 1982. <Ii> After January 1. 1984, the · number of railroad transformers con-taining a PCB concentration greater than 60,000 ppm in use by any affect-ed railroad organization may not exceed one-third of the total railroad transformers containing PCBs In use by that organization on January 1. 1982. <iii> After July 1, 1984, use of rail-road transformers that contain dielec-tric fluids with a PCB concentration greater than 60,000 ppm Is prohibited. <Iv> After July 1, 1985. the number of railroad transformers containing a PCB concentration greater than 1,000 ppm (0.1 percent on a dry weight basis> in use by any affected railroad organization may not exceed two-thirds of the total railroad transform-ers containing PCBs In use by that or-ganization on July 1. 1984. (\') After January 1. 1986. the number of railroad transformers con-taining a PCB concentration greater than 1.000 ppm in use by any affected railroad organization may not exceed one-third of the total railroad trans-formers containing PCBs in use by that organization on July 1. 1984. <vi> After July l. 1986. use of rail-road transformers that contain dielec-- - - -Tltle 40-P,otection of Environment trlc fluids with a PCB concentration greater than 1,000 ppm Is prohibited. <vii) The concentration of PCBs In the dielectric fluid contained In rail-road transformers must be measured: <Al Immediately upon completion of any authorized servicing of a railroad transformer conducted for the pur-pose of reducing the PCB concentra-tion In the dielectric fluid In the trans-former. and <Bl Between 12 and 24 months after each servicing conducted in accord-ance with paragraph <b><l><vll><A> or this section: <Cl The data obtained as a result or paragraphs <b>< ll<viil <A> and <B> of this section shall be retained until January l. 1991. <2> Servicing restrictions. (I) If the coll 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 containing a PCB concentration great-er 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 paragraph <b><2>(i) of this sec-tion: <Iii> After January 1, 1984, railroad transformers ma1 only be serviced with dielectric fluid containing less than 1000 ppm PCB. except as pro• vlded in paragraph <b><2>(1) of this l'eC-tlon; <Iv> Dielectric fluid may be filtered through activated carbon or otherwise Industrially processed for the purposl' 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 aceordancl' with the storage for disposal requirl'· ments of § 761.65: <vi> Arter July 1. 1979. proct>ssini: and distribution in commerce or PCBs for purposes of servicing railroad transformers is permitted only for pt>r· sons who are granted an exemption under TSCA section 6<e><3><B>. <vii> A PCB Transformer may b•· converted to a PCB-Contaminatt•d Transformer or to a non-PCB Trans· former by draining, refillintt. and. or 540 --- - ---- --§ 761.30 Chapter I-Environmental Protection Agency otherwise ser\'lclng the railroad tram;-former. In order to reclassify, the rail-road transformer's dlelt'ctrlc fluid must contain less than 500 ppm <for ron\'ersion to PCB-Contaminated Transformer> or less than 50 ppm PCB <for conversion to a non-PCB Trans-former>' after a minimum of three months of lnsen·lce use subsequent to the last servicing conducted for the purpose of reducing the PCB concen-tration in the transformer. <c> Use i11 a11d sert•tcing of mining equipment. 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 equipnwnt 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-ing motors whenever the motor Is re-turned to a service shop for sen·iclng: <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 of 1761.65; <5> After July 1. 1979, processing and distribution In commerce of PCBs for purposes of ser\'lcing mining equip-ment is permitted only for persons who are granted an exemption under TSCA section 6<el<3><B>. <d> Use i11 heat transfer systems. PCBs may be used in hf'at transfer systems in a manner ol lwr than a to-tally enclosed manner until July 1. 1984, subject to the following condi-tions: < l > Each person who owns a heat transfer system that ever contained PCBs must test for the concentration or PCBs in the heat transfer fluid of such a system no later than No\'embcr 1, 1979, and at least annually thereaf-ter. All test sampling must be per-formed at least three months after the most recent fluid refillin1t. When a lest shows that the PCB concentration Is less than 50 ppm. tt'stlng undt•r this paragraph is no longer n•quirt•d; <2> Within six <6> months or ll tPi;t performed under paragraph <d)( 1> that indicates that a systt'm's Cluid contains 50 ppm or grt•aH•r PCB <0.005% on a dry weight basis>. the system must be drained or the PCBs and refilled with fluid containing less than 50 ppm PCB. Topping-off with non-PCB heat transfer fluids to reduce PCB concentrations Is permit• led: <3> After No,·ember 1. 1979. no h<~at transfer system thal is used In the manufacture or processing of any food, drug, cosmetic. or de,·lee. as de-fim•d in section 201 of the Federal Food, Drug. and Cosmetic Act. may contain heat transfer fluid with 50 ppm or greater PCB 10.005", on a dry weight basis>: <4> Addition of PCBs to a heat trans-fer sys,em is prohibited. <5> Dat4 obtained as a result of para-graph <d >< ll must be retained for fh-e <5> :,,ears after the heat transfer system reaches 50 ppm PCB: <e> Use in hydraulic S/l!itrms. PCBs may· be used in hydraulic systems and may be processed and distributed in commerce for purposes of filtering, distilling, or othenvlse reducing the concentration of PCBs In hydraulic fluids in a manner other than a totall)' enclosed mannt'r until July 1. 1984, subject to the following conditions: < 1; Each person who owns a hydrau-lic S)'stem that ever contained PCBs must test for the concentration of PCBs In the hydraulic fluid of each such system no later than No,·ember 1. 1979. and at least annually thereafter. All test sampling must be performed at least three months after the most recent fluid refilling. When a test shows that the PCB concentration is less than 50 ppm. testing under this subparagraph is no longer required; <2> Within six <6> months of a test under paragraph <e><l> that indicates that a syslt•m·s fluid contains 50 ppm or great<'r PCB <0.005"~ on a dry weight basis>. the system must be drained of the PCBs and rt'fillt•d with fluid containing less than 50 ppm PCB. Topping-off with non-PCB hy-draulic fluids to reduce PCB eoncen-tratlons ts pt>rmitted; 541 § 761.30 <31 Addition of PCBs to a hydraulic system is prohibited: <41 Hydraulic fluid may be drained from a hydraulic system and filtered, dlsllllt•d. or otherwise serviced In order to n•duce the PCB concentration below 50 ppm: <51 After July I. 1979. processing and distribution in commerce of PCBs for purposes of servicing hydraulic sys-tems is permitted only for persons who are granted an exemption under TSCA section 6<e><J><B>: <6> Data obtained as a result of para-graph (cl< ll above must be retained for five years after the hydraulic system reaches 50 ppm. <fl 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-cyanin 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 dlarylide 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><Jl<Bl. <h> Use in and sen>icing of electro-.magnets, switches and vollage regula-tors. PCBs at any concentration may be used in electromagnets. switches <including sectionalizers and motor starters>. and voltage regulators and may be used for purposes of servicing this equipment (including rebuilding> for the remainder of their useful lives. subject to the following conditions: < lJ Use conditions. (i) After October 1. 1985. the use and storage for reuse of any t-lectromagnet which poses ar. exposure risk to food or feed is prohib-ited if the electromagnet contains greater tha 500 ppm PCBs. < ii> A visual inspection of each elec-tromagnet subject to paragraph <hHll<iJ shall be performed at least once e\'ery week according to the con-ditions contained in § 761.J0<a>< lJ<lii> and (i\'I. <2> Srrrici11g conditions. <i> Servic-ing <including rebuilding> any electro-Title 40-Protedlon of Environment magnet, switch, or voltage regulator with a PCB concl'ntration of 500 ppm ~r greater which requires the removal and rework or the Internal compo-nents is prohibited. <Ii> Electromagnets. switches, and voltage regulators classified as PCB-Contaminated Electrical Equipment <as defined in § 761.J<z» may be serv-iced < including rebuilding> only with dielectric fluid containing Jess than 500 ppm PCB. <Ill> PCBs removed during any serv-icing activity must be captured and either reused as dielectric fluid or dis• posed of In accordance with the re-quirements of § 761.60. PCBs from electromagnets switches, and voltage regulators with a PCB concentration of at least 500 ppm must not be mixed with or added to dielectric fluid from PCB-Contaminated Electrical Equip-ment. (iv> Regardless of its PCB <concen-tration. dielectric fluids containing less than 500 ppm PCB> that are mixed with fluids that contain 500 ppm or greater PCB must not be used as dielectric fluid in any electrical equipment. The entire mixture of di-electric fluid must be considered to be greater than 500 ppm PCB and must be disposed of in an incinerator that meets the requirements of§ 761.70. (VJ An electromagnet, switch or volt-age regulator with a PCB concentra-tion of at least 500 ppm may be con-verted to PCB-Contaminated Electri-cal Equipment or to a non-PCB classi-fication and PCB-Contaminated Elec-trical Equipment may be reclassified to a non-PCB classification by drain-ing, refilling and/or otherwise servic• ing the equiprn~nt. In order to be re-classified. the equipment's dielectric fluid must contain less than 500 ppm PCB <for conrersion to PCB-Contami· nated Electrical Equipment l or less than 50 ppm PCB < for conversion to a non-PCB classification> after a mini• mum o! three months of in-sen·ice ust> . subsequent to the last servicing con· ducted for the purpose of reducing the PCB concentration In the equipment. In-service use means the equipment is used electrically under loaded condi· lions. The Assistant Administrator may grant. without further rulemak· ing, approval for the use of alternatin• -----42----t -Chapter I-Environmental Protedion Agency § 761.40 methods that simulate the loaded con-ditions of in-service use. All PCBs re-mo\'ed from this equipment for pur-poses of reducing PCB concentrations are subject to the disposal require-ments of§ 761.60. evil Any dielectric fluid containing 50 ppm or greater PCB used for sen.·lc-lng electromagnets. switches, or volt-age regulators must be stored in ac-cordance with the storage for disposal requirements of I 761.65. <vii> Processing and distribution In commerce or PCBs for purposes of servicing electromagnets, switches or voltage regulators Is permitted only for persons who are granted an ex-emption under TSCA 6<eJC3)CBJ. (iJ Use in natural gas pipeli11e com-pressors. PCBs may be used in natural gas pipeline compressors until May I. 1980, in a manner other than a totally enclosed manner. (j) Small q11a11tities for research a11d dei•elopment. PCBs may be processed, distributed in commerce. and used in small quantities for research and de-velopment. as defined in § 761.J<eeJ, in a manner other than a totally en-closed manner until July 1. 1984. except that after July l. 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 6<e><3><B>. <kl Microscopy mounting medium. PCBs may be processed, distributed In commerce, and used as a mounting medium In microscopy In a manner other than a totally enclosed manner until July 1, 1984, except that after July l. 1979, processing and distribu-tion in commerce of PCBs for pur-poses of use as a mounting medium in microscopy are permitted only for pn-sons who are granted an exemption under TSCA section 6<e><3><B>. (IJ Use in capacitors. PCBs at any concentration may be used in capaci-tors, subject to the following condi-tions: <l J Use conditions. (i) After October 1, 1988, the use and storage for reuse or PCB Large High Voltage Capacitors and PCB Large Low Voltage Capaci-tors which pose an exposure risk to food or feed is prohibited. (ii> After October 1. 1988, the use of PCB Large High Voltage Capacitors and PCB Large Low Voltage Capaci-tors is prohibited unless the capacitor is used within a restricted-acc~ss t>lec-trical substation or in a contained and restricted-access indoor installation. A restricted-access electrical substation Is an outdoor, fenced or walled-in fa-cility that restricts public access and is used In the transmission or distribu-tion or electric power. A contained and restrlcted-act'ess Indoor lnstnllatlon does not have public access and has an adequate roof, walls, and floor to con-tain any release of PCBs within the indoor local Ion. <ml Use i11 a11d seri-ici11g of circuit breakers. reclosers and cable. PCBs at any concentration may be used in cir-cuit breakers. reclosers. and cab,e and may be used for purposes or ser\'icing this electrical eq1.1ipment < including re-building> for the remainder of their useful li\'es. subject to the following conditions: ( l > Serz·ici11g conditions. c i > Circuit breakers. reclosers. and cable may be ser\'iced <Including rebuilding> only with dielectric fluid containing less than 50 ppm PCB. <ii> Any circuit breaker. recloser or cable found to contain a. least 50 ppm PCBs may be serviced nnly In accord-ance with the conditio:1s contained in 40 CFR 761.J0<h><2J. (44 FR 31542. May 31. 1:,79. Redesignated at 47 PR 19527. May 6, 1982, and amended at 47 FR 37357, Au11. 25, 1983; 48 FR 135. Jan. 3, 1983) Subpart C-Marklng of PCB1 ond PCB Items 11761. 10 \larkin,c requirement". <al Each of the following it<'ms in existence on or after July 1. 1978 shall be marked as illustral<!d in Figure 1 in § 761.44<a >: The mark illustrated in Figure 1 is referred to as M, through-out this subpart. < 1 J PCB Containers: <2> PCB Transformers at the time of manufacture. at the time of distribu-tion in commerce if not alrrady marked. and at the time of removal from use i! not already marked. --------- - - ---§ 761.40 [Marking of PCB-Contaminated Elec-trical Equipmt>nl is not required]: <3> PCB Large High Voltage Capaci-tors at the lime of manufacture. at the time of distribution in commerce if not already markt'd, and at I he time or re-moval from use if not already marked; <4> Equipment containing a PCB Transformer or a PCB Large High Voltage Capacitor at the Lime or man-ufacture. al the time o( distribution In commerce if not already marked, and al the time of remornl of the equip-ment from use if not already marked; 15) PCB Large Low Voltage Capaci-tors at the lime of removal from use; <6> Electric motors using PCB cool-ants <S~c also paragraph <el or this section>. < 7 > Hydraulic systems using PCB hy-draulic fluid <See also paragraph <el or th is sect ion>: <8> Heat transfer systems <other than PCB Transformers> using PCBs (See also paragraph CeJ of this sec-tion>: <9J PCB Article Containers contain-ing articles or equipment that must be marked under paragraph <aJ <ll through <8J above; < 10> Each storage area used lo store PCBs and PCB Items for disposal. <b> As of October 1, 1978, each trans-port vehicle shall be marked on each end and side with M,. as described in § 761.45<a> if it is loaded with PCB Containers that contain more than 45 kg <99.4 lbs.> of PCBs in the liquid phase or with one or more PCB Trans-formers <See also paragraph (el or this section>. <cl As or January 1. 1979, the follow-ing PCB Articles shall be marked with mark M, as described in § 761.45(al: < 1 > All PCB Transformers not marked under paragraph <a> of this section [marking or PCB-Contaminat-ed Ekctrical Equipment is not re-quired]: <2> All PCB Large High Voltage Ca-pacitors not marked under paragraph lal of this section <i> Will be marked indi\'idually with mark M,. or 1 ii> If one or more PCB Large High Voltage Capacitors are installl'd in a protectt>d location such as on a power pole. or structure. or behind a fence: the pole. structure, or fence shall be ----Titltt 40-Protedion of Environment marked with mark M1, and a record or procedure identifying the PCB Capaci-tors shall be maintained by the owner or operator at the protected location. <d> As of January 1, 1979, all PCB Equipment containing a PCB Small Capacitor shall be marked at the lime of manufacture with the statement, ··This equipment contains PCB Capacltor<s>". The mark shall be of the same size as the mark M,. <el As of October 1. 1979, applicable PCB Items In paragraph (a> < ll. <6>. <7>, and (8) containing PCBs in con-centrations of 50 to 500 ppm and ap-plicable transport vehicles in para-graph <b> loaded with PCB Containers that contain more than 45 kg <99.4 lbs.> of liquid PCBs in concentrations of 50 ppm to 500 ppm shall be marked with mark M,. as described in § 761.45<a>. < fl Where mark M,. is specified but the PCB Article or PCB Equipment is too small to accomodate the smallest permissible size of mark Mc, mark M, as described in § 761.45<b>, may be used instead of mark Mc. <g> Each large low voltage capacitor. each small capacitor normally used in alternating current circuits, and each fluorescent light ballast manufactured ("manufactured", for purposes of this sentence, means built> between July 1. 1978 and July 1. 1998 that do not con-tain PCBs shall be marked by the manufacturer at the time of manufac-ture with the statement. "No PCBs". The mark shall be of similar durability and readability as other marking that indicate electrical information, part numbers, or the manufacturer's name. For purposes of this paragraph mark-ing requirement only is applicable to items built domestically or abroad after June 30, 1978. <h> All marks required by this sub-part must be placed in a position on the exterior of the PCB Items or transport vehicles so that the marks can be easily read by any persons in-specting or servicing the marked PCB Items or transport \'Chicles. <i> Any chemical substance or mix-ture that is manufactured after the ef· f Pctive date of this rule and that con-tains less than 500 ppm PCB <0.05% on a dry weight basis>, !ncluding PCB that is a byproduct or impurity, must 544 ------ -- --Chapter I-Environmental Protection Agency § 761.45 be marked in accordance with any re-quirt-ments rontainl'd in tlw PX<'nlP· lion l,!ranled by EPA to permit SIIC'h manufacture and is not subject to any other requiremt>nt in this subpart unkss so specifi<·d in th<' t'X<'mplion. This paragraph applies only to con-tairwrs or chemical substances or mix-tures. PCB artiC'lcs and equipment into which the chemical substance~ or mix-tures are processed. are subject to the marking requirements contained t>lse-where in this subpart. I 44 FR 31542. May 31. 1979. RPdt•sii:natt•d at 47 FR 19527. May 6. 1982. and amn1clt•d al 47 FR 37359. Aui:. 25. 198:!l !1761.1;; llarkin,: format,.. The following formats shall be used for marking: <a> Lurgc PCB Mar/..·-M,. Mark M, shall be as shown in Figure 1. lettt'rs and striping on a white or yellow back-ground and shall be sufficie11tly dura-ble to equal or exceed the life Cinc!ud-ing storag<' 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 ArticJt• or PCB Equipnwnt is too small to accommodate this sizt'. the mark may be reduced in size pro-portionately down to a minimum of 5 cm <2 inches> on each sid{'. <b> Small PCB Mark-M,. Mark M, shall be as shown in Figure 2. letters and striping on a white or yellow back-ground, and shall be sufficiently dura-ble to equal or excet•d the life < includ-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 I l inch by 2 inches>. If the PCB Article or PCB Equipment is Loo small to accommodate this sizl'. l.lw mark may be reduced in size propor-tionately down to a minimum ot l by 2 cm <.4 by .8 incllesl. , ......... CAUr,ON~ .... l I CONTAINS I I PCBs I I (Polychlorlnated Biphenyls) I ~ A ,o .. c •;1""'~'°' COl"fQm110)I 1~111r.q i ~ !pl'<oOI handio"9 ond dolj)<AOI ,r, occo«Janc .. ,..,,.,. a. !.1111 tJ S V,Yllontnf'nlol Pfot«ne>n A~ ~lo,,0,,1 ~ ~ 40 C11' 701-Fo, Oupotol lnfom,onon Cont<X' I !.1111 ...... ~ u s c p ,._ ()II,,.. I I In '°'"' ol o,:clde>nr o, ipm coll roll ~N' ,.,.. v \ a. !.1111 Coa,r G.,o,o Nonc,r,o• ~,.. (.,.,,.,. ~ ~ eoo •2•~~0, I ~ Aho (OIIIOC'I a. !.1111 TIPI No ~ L. ........................ J Figure l t ... ,.._,.,..,~ .... ~~•-~~...,, I CAUTION COHTAKS PCBs ' I (Polychlorinated Biphenyls) l I FOIi PROP[R DISPOSAL INFORMATION ' I CONTACT us ENVIRONMENTAL • I PROTlCTION AGENCY i ~-------------Figure 2 144 FR 31542. May 31. l'i79. Rt•d!'sii:natt•d at 47 FR 19527. May 6, 19821 Subpart D-Storage and Disposal NOTE: This subpart dot•s not rrquir<' n•-mm·al of PCBs and PCB Iti>ms from sn,·icl' and disposal t•arli!'r than would normally bt> tlw t'llSl'. Howt•1·er. wlH'll PCBs and PCB 11,•ms an· n•mort>d from serl'iet' and dis• pos,•d of. disposal must b1• 11ndl'rtak,·11 in ac-cordanct· l'ith 1h1•s1• rt•i:ulations. PCBs <in-C'luclin~ soils and dt•brisl and PCB llt'ms 545 -§ 761.60 whirh hax,• bf't>n placed in a disposal site are rnnsid,•rPd to bt! "in s,•rvice" for purpost>s of th1• nppllcability of this subpart. This sub-part dot•s not rt>Quire PCBs and PCB lll'ms landfilll'd prior to Ft>bruary 17. 1978 to be n·movrd for disposal. Howen•r. if such PCBs or PCB Items are rt'mO\'ed from the disposal site. thry must be disposed of in ac-cordance with this subpart. Other subparts are direct1•d to the manufacture. processing, distribution in commerce, and use of PCBs and may result in some cases in disposal at an 1•arlil'r datP than would otherwise occur. Ii ifi l.60 Disposal requirements. <a> PCBs. c 1 > Except as provided in paragraph <a> <2>. <3>, <4>. and <5> of this section, PCBs must be disposed of in an incinerator which complies with § 761.70. <2> Mineral oil dielectric fluid from PCB-Contaminated Electrical Equip-ment containing a PCB concentration of 50 ppm or greater. but less than 500 · ppm, must be disposed of in one of the followi11g: <i> In an incinerator that complies with § 761.70; <ii> In a chemical waste landfill that complies with § 761.75 if information is provided to the owner or operator of the chemical waste landfill that shows that the mineral oil dielectric fluid does not exceed 500 ppm PCB and is not an ignitable waste as described in § 761.75Cb> <B> (iii>; <iii> In a high efficiency boiler pro-vided that: • <A> The boiler complies with the fol-lowing criteria: <I> 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 ox);gen 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 nol fed into the boiler unless the boiler is operating at its normal oper-Title 40-Protection of Environment ating temperature <this prohibits feed-ing these fluids during either start up or shut down operations>: < 6> The owner or operator of the boiler: (i) Continuously monitors and records the carbon monoxide concen-tration and excess oxygen percentage in the stack gas while burning mineral oil dielectric fluid; or < ii l 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 fuel and mineral oil dielectric fluid fed to the boiler are measured and recorded at regular intervals of no longer than 15 minutes while burning mineral oil dielectric fluid. C8> The carbon monoxide concentra-tion and the excess oxygen percentage are checked at least once every hour that mineral oil dielectric fluid is burned. If either measurement falls below the levels specified in this rule, the flow of mineral oil dielectric fluid to the boiler shall be stopped immedi-ately. <B> Thirty days before any person burns mineral oil dielectric fluid in the boiler, the person gives written notice to the EPA Regional Administrator for the EPA Region in which the boiler is located and that the notice contains the following information: <I> The name and address of the owner or operator of the boiler and the address of the boiler; <2> The boiler rating in units of BTU/hour; <J> The carbon monoxide concentra-tion and the excess oxygen percentage in the stack of the boiler when it is op-erated in a manner similar to the manner in which it will be operated when mineral oil dielectric fluid is burned; and (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----_5.._ ----r, . ~t Chapter I-Environmental Protection Agency § 761.60 tration and excess oxygen percentage in the stark. CC> When burning mineral oil dielec-tric fluid. the boiler must operate at a level of output no less than the output at which the measurements required under paragraph <bH2)(iii><BHJ> of this section were taken. <D> Any person burning mineral oil dielectric fluid in a boiler obtains the following information and retains the information for five years at the boiler location: (1 > The data required to be collected under paragraphs <a><2HA> <6> and< 7> of this section; and <2> The quantity of mineral oil di-electric fluid burned in the boiler each month; (iv> In a facility that is approved in accordance with § 761.60(el. For the purpose of burning mineral oil dielec-tric fluid, an applicant under § 761.60<e> must show that his combus-tion process destroys PCBs as effi-ciently as does a high efficiency boiler. as defined in paragraph <b><2Hiiil of this section, or a § 761.70 approved in-cinerator. <3> Liquids. other than mineral oil dielectric fluid, containing a PCB con-centration of 50 ppm or greater. but less than 500 ppm, shall be disposed of: <i> In an incinerator which complies with § 761.70; (iil In a chemical waste landfill which complies with § 761.75 if infor-mation is provided to the owner or op-erator of the chemical waste landfill that shows that the waste does not exceed 500 ppm PCB and is not an ig-nitable waste as described in § 761.75<bHBl<iiil; (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/hour; (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; CJ) 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 al l<>ast thrt'<' (3> percent wl1t'n PCBs arr. b<>ing burrwd: (4) The waste docs not comprise more than ten < 10> percent <on a volume basis> of the total ful'l feed rate; CS> The waste is not fed into the boiler unless the boiler is operating at its normal operating temperature <this prohibits feeding these fluids during either start up or shut down opn-ationsl; <6> The owner or operator of the boiler must: <il Continuously monitor and record the carbon monoxide concentration and excess oxygen percentage in the stack gas while burning waste fluid: or < iil If the boiler will burn less than 30,000 gallons of waste fluid per year. measure and record the carbon mon-oxide concentration and excess oxygen percentage in the stack gas at regular intervals of no longer than 60 minutes while burning waste fluid; < 7) The primary fuel feed rate. waste fluid feed rate. and total quantities of both primary fuel and waste fluid fed to the boiler must be measured and re-corded at regular intervals of no longer than 15 minutes while burning waste fluid; and <8> The carbon monoxide concentra-tion and the excess oxyren percentage must be checked at least once e\'cry hour that the waste is burned. If either measurement falls below the levt:ls specified in this rule. the flow of waste to the boiler shall be stopped immediately. <B> Prior to any person burning these liquids in t!1e boiler. approval must be obtained from the EPA Re-g;onal Administrator for the EPA Region in which the boiler is locati>d and any persons seeking such appro\·al must submit to the EPA Regional Ad-ministrator a request containing ul leasl the following information: (J) The name and address of the owner or operator of tl1e boiler and the address of the boiler; <2> The boiler rating in units of BTU/hour; <3> The carbon monoxide conct'ntra-tion and the excess oxygen perccntai,(c in the stack of the boiler when it is op-erated in a manner similar to tlw ----·7---- - -- - -- - --§ 761.60 manner in which it will be operated when low concentration PCB liquid is burned: (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 oxygen 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 follows: carbon and hydrogen content using ASTM D-3178-73 <reap-pro\'ed 1979>. nitrogen content using ASTM E-258-67, sulfur content using ASTM 0-2784-80, 0-1266-80, or 0-129-64. chlorine content using ASTM D-808-81, water and sediment content using either ASTM 0-2709-68 or 0-1796-68, ash content using D-482-80, cnlorific value using ASTM D-240-76 < reapproved 1980 >. carbon residue using either ASTM 0-2158-80 or 0-524-81. and flash point using ASTM D-93-80. < 7> The quantity of wastes estimated to be burned in a thirty <30> day period: <Bl An explanation of the procedures to be followed to insure that burning the waste \\"ill not adversely affect the operation of the boiler such that com-bustion efficiency will decrease. <C> On the basis of the information in paragraph <a><3><iiil<B> of this sec-tion and any other available informa-tion. the Regional Administrator may, at his discretion, find that the alter-nate disposal met hod will not present an unreasonable risk of injur>" to health or the environment and ap prove the use of the boiler; <O> When burning PCB wastes. the boiler must operate al a le,·el of output no less than the output at which the measurements required. under paragraph <aH3HiiiHBHJl of this section We're takt•n: and <El Any person burning liquids in boilers approved as pro,·ided in para-graph <aH3HiiiHC> of this section, must obtain the following information Title 40-Protection of Environment and retain the information for five years at the boiler location: (1 > The data required to be collected !n paragraphs <a><J><iii><A> <6> and< 7> of this section: <Z> The quantity of low concentra-tion PCB liquid burned in the boiler each month. <J> The analysis o( the waste re-quired by paragraph <a><3><111><B>(6) or 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 § 76i.60<e>. 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 § 76l.60<e> must show that his combus-tion process destroys PCBs as effi-ciently as does a high efficiency boiler, as defined in § 76l.60<a><2l(iill, or a § 761.70 incinerator. C4> Any non-liquid PCBs in the form of contaminated soil, rags, or other debris shall be disposed of: (i) In an incinerator which complies with § 761.70; or <ii> In a chemical waste landfill which complies with § 761.75. Nou: Except as provided in § 761.75<b><8><iil, liquid PCBs shall not be processed Into non-liquid forms to circum-\'ent the high temperature incineration re-quirements of§ 761.G0<a>. (5) All dredged materials and munic-ipal sewage treatment sludges that contain PCBs shall be disposed of: (i) In an incinerator which complies with § 761.70, <ii> In a chemical waste landfill which complies with § 761.65; or <iii I Upon application. using a dispos-al method to be appro\'ed by tlw Agen-cy·s Regional Administrator in llw 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 considerations, indi· cates that disposal in an incinerator or chemical waste landfill is not reason· able and appropriate, and that the al· 548 - -- ---- - -Chapter I-Environmental Protection Agency § 761.60 ternate disposal method will provide adequate protect.ion to h<'alth and the en\'ironment. The Regional Adminis-trator may request other information that he or she belie\'es to be necessary for evaluation of the alternate dispos-al method. Any approval by the Re-gional Administrator shall be in writ-Ing and may contain any appropriate limitations on the approved alternate method for disposal. In addition to these regulations, the ReMlonal Ad· mlnistrator shall consider other appli-cable Agency guidelines. criteria. and regulations to ensurt> that the dis-charges of dredged material and sludges that contain .PCBs and other contaminants are adequately con-trolled to protect the environment. The person to whom such approval is issued must comply with all limita-tions contained in the approval. (6) When storage is desired prior to disposal. PCBs shall be stored in a fa. cility which complies with § 761.65. (bl PCB Articles-<l) Tra11sfon11ers. (I) PCB Transformers shall be dis-posed of in accordance with either of the following: <Al In an incinerator that complies with § 761.70: or <B> In a chemical waste landfill which complies with § 761.75; Pro-vided, That the transformer is first drained of all free flowing liquid, filled with solvent, allowed to stand for at least 18 hours. and then drained thor-oughly. PCB liquids that are removed shall bt' disposed of in accordance with paragraph <a1 of" this section. Sol\'ents may include kerosene, xylene, toluene and other solvents in which PCBs are readily soluble. Precautionary meas-ures should be taken, however, that the solvent flushing procedure is con-ducted in accordance with applicable safety and h<>alth standards as n•· quired by Federal or State regulations. <2> PCB Capacitors. <i> The disposal of any capacitor shall comply with all requirements of this subpart unless it is known from label or nameplate in-formation, manufacturer's literature <including documented communica-tions with the manufacturen. or chemical analysis that the capacitor does not contain PCBs. <ii> Any person may dispose of PCB Small Capacitors as municipal solid waste, unlPss that person is subjC'ct to the requirements of paragraph <b><2><i\"l of this section. <iii> Any PCB Lar11"e High or Low Voltage Capacitor which contains 500 ppm or grrater PCBs, o,,·rwd by any person, shall be disposed of in aecord-ance with eitlwr of the following: CA> Disposal in an incinerator that complies with § 761.70; or <Bl Until March l. 1981. disposal in a chemical waste landfill that complies With§ 761.75. (iv> Any PCB Small Capacitor owned by any person who manufactures or a-t. any time manufactured PCB Capaci-tors or PCB Equipment and acquired the PCB Capacito.cs in the course of such manufacturing shall be disposed of in accordance with either of the fol-lowing: <A> Disposal in an incinerator which complies with § 761. 70; or <B> Until March l. 1981. disposal in a chemical waste landfill which complies with § 761.75. < v> Notwithstanding the restrictions imposed by paragraph <bH2l<iiiHB> or (bH2l<ivHB> of this section, PCB ca-pacitors may be disposed of in PCB chemical waste landfills that comply with § 761.75 subst>quent to March 1. 1981. if the Assistant Administrator for Pesticides and Toxic Substances publishes a notice in th·! FEDERAL REG· ISTER declaring that those landfills are available for such disposal and ex-plaining the reasons for the extension or reopening. An extension or reopen-ing for disposal of PCB capacitors that is granted under this subsection shall be subject to such terms and condi-tions as the Assistant Administrator may prescribe and shall be in effect for such period as the Assistant Ad-ministrator may prescribl'. The Assist-ant Administrator may pi>rmit disposal of PCB capacitors in EPA appron~d chemical waste landfills after March 1. 1981. if in his opinion, ( 1 > Adequate incineration capability for PCB capacitors is not a,·ailable. or <2> The incineration of PCB capaci-tors will significantly intPrfen' \\ ith the inc:ineration of liquid PCDs. or <J> There is other good cause shown. As part of this ernlualion. the Assist-ant Administrator will consider the 549 § 761.60 impact or his action on the incentives lo construct or expand PCB Inciner-ators. < vi> Prior to disposal in a § 761.75 chemical waste landrill. all large PCB capacitors. and all small PCB capaci-tors described in paragraph <b><2><iv> or this seclion. shall be placed in one of the Department of Transportation specification containers identified in § 761.65<c><6> or in containers that comply with 49 CFR 178.118 (specifi-cation 17H containers>. Large PCB ca-pacitors which are too big to fit inside one of these containers shall be placed in a container with strength and dura-bility equivalent to the DOT specifica-tion containers. In all cases. intersti-tial space in the container shall be filled with sufficient absorbent materi-al <such as sawdust or soil) to absorb any liquid PCBs remaining in the ca-pacitors. <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 paragraph <a> of this sec-tion. If the PCB liquid contains 1000 ppm PCB or greater. then the hydrau-lic machine must be flushed prior to disposal with a soh·ent containing less -than 50 ppm PCB <see transformer solvents at paragraph <bl<ll<il(Bl of this section> and the solvent disposed of in accordance with paragraph <al of this section. <4> PCB-Contaminated Electrical Equipment. All PCB-Contaminated Electrical Equipment except capaci-tors shall be disposed of by draining all free flowing liquid from the electri-cal equipment and disposing or the liquid in accordance with paragraph <aH2> or <3> of this section. The dispos-al of the drained <'lectrical equipment is not regulated by this rule. Capaci-tors that contain between 50 and 500 ppm PCBs shall be disposed of in an incinerator that complies with § 761.70 or in a chemical waste landfill that complies with § 761.75. 151 Other PCB Articles. (i) PCB Arti· cles with a PCB concentration of 500 ppm or g-rcater must be disposed of: Title 40~Protection of -Environment <A> In an Incinerator that complies with t 761.70: or <Bl In a chemical waste landfill that complies with § 761.75. provided that all free-flowing liquid PCBs ha\'e been thoroughly drained from any articles before the articles are placed in the chemical wa.i;te landfill and that the drained liquids are disposed of in an incinerator that complies with § 761.70. <ii> PCB Articles with a PCB concen-tration between 50 and 500 ppm must be disposed of by draining all free flowing liquid from the article and dis-posing of the liquid in accordance with paragraph <a><2> or (3) of this section. The disposal of the drained article Is not regulated by this rule. <6> Storage of PCB Articles. Except for a PCB Article described in para-graph tbl(2Hiil or this section and hy-draulic machines that comply with the municipal solid waste disposal provi-sions described in paragraph <b><3l of-this section, any PCB Article shall be stored in accordance with § 761.65 prior to disposal. <cl PCB Containers. <ll Unless de-contaminated in compliance with § 761.79 or as provided in <c><2> of this section, a PCB Container shall be dis-posed of: (il In an incinerator which complies with § 761.70. or <ii> In a chemical waste landfill that complies with § 761.75: provided that if there are PCBs in a liquid state, the PCB Container shall first be drained and the PCB liquid disposed of in ac-cordance with paragraph (al of this section. <2> Any PCB Container used to con-tain only PCBs at a concentration less than 500-ppm shall be disposed of as municipal solid wastes: pro\'ided that if the PCBs are in a liquid state, the PCB Container shall first be drained and the PCB liquid shall be disposed of in accordance with paragraph <a> of this section. <3> Prior to disposal, a PCB contain-er shall be stored in a facility which complies with § 761.65. <dl Spills. <ll Spills, leaks. and other uncontrolled discharges of PCBs con-stitute the disposal of PCBs. <2> PCBs resulling from the clean-up and removal or spills, leaks. or otlll'I' -- - -550 --- --I' -Chapter I-Environmental Protection Agenc_y § 761.60 uncontrolled discharges, must be stored and disposed of in accordance with paragraph <a> of this section. ( 3 > These regulations do not exempt any person from any actions or liabili-ty under other statutory authorities. including but not limited to the Clean Water Act. the Resource Conservation and Recovery Act. and the Compre-hensive En\'ironmental Response. Compensation. and Liability Act of 1980. <e> Any person who is required to in-cinerate any PCBs and PCB Items under this subpart and who can dem-onstrate that an alternative method of destroying PCBs and PCB It.ems exists and that this alternati\·e method can achieve a le\'el of performance equiva-lent to § 761.70 incinerators or high ef-ficiency boilers as pro\·icted in para-graph <a><2><iv> and CaH3><ivl of this section. may submit a written request to either the. Regional Administrator or the Assistant Administrator for Pesticides and Toxic Substances for an exemption from the incineration re-quirements of § 761.70 or § 761.60. Re-quests for approval of alternate meth-ods that will be operated in more than one region must be submitted to the Assistant Administrator for Pesticides and Toxic Substances except for re-search and development in\'olving less than 500 pounds of PCB material <see paragraph <i><2». Requests for approv-al of alternate methods that will be operated in only one region must be submitted to the appropriate Regional Administrator. The applicant must show that his method of destroying PCBs will not present an unreasonable risk of injury to health or the environ-ment. On the basis of such informa-tion and any a\·ailable information. the Regional Administrator or Assist-ant Administrator for Pesticides and Toxic Substances may, in his discre-tion. appro\'e the use of the alternate method if he finds that the alternate disposal method provides PCB de-struction equivalent to disposal in a § 761.70 incinerator or a § 761.60 high efficiency boiler and will not present an unreasonable risk of injury to health or the environment. Any ap-proval must be stated in writing and may contain such conditions and pro-visions as the Regional Administrator or Assistant Administrator for Pesti-cides and Toxic Substances deems ap-propriate. The person to whom such wai\·er is issued must comply with all limitations contained in such determi-nation. < f)( ll Each operator of a chemical waste landfill, incinerator. or alterna-tive to incineration appro\·ed under paragraph <el of this section shall give the following written notices to the state and local go\·ernments within whose jurisdiction the disposal facility is located: <i> Notice at least thirty <30> days before a facility is first used for dis-posal of PCBs required by these regu-lations; and <it> At the request of any state or local government. annual notice of the quantities and general description of PCBs disposed of during the year. This annual notice shall be given no mor<: than thirty <30> days after the end of t!1e year covered. (iii) The Regional Administrator may reduce the notice period required by paragraph < f><l l<il of this section from thirty days to a period of no less than five days in order to expedite in-terim approval of the chemical waste landfill located in Sedgwick County. Kansas. <2> Any person who disposes of PCBs under a paragraph <a><S><iii> of this section incineration or chemical waste landfilling waiver !'hall give written notice at least thirty < 30 > days prior to conducting the disposal activities to the state and local governments within whose jurisdiction the disposal is to take place. (gl Testing procedures. < lJ Owners or users of mineral oil dielectric fluid electrical equipment may u.,e the fol-lowing procedures to determine the concentration of PCBs in the dielec-tric fluid: <i> Dielectric fluid removed from mineral oil dielectric fluid electrical equipment may be collected in a common container. provided that no other chemical substances or mixtures are added to the container. This common container option does not permit dilution of the collected oil. Mineral oil that is assumed or known to contain at least 50 ppm PCBs must not be mixed with mineral oil that is I : 1::11 O ::1, -- -551 -- - - -- ---------§ 161.60 knowri or assumed Lo contain less than 50 ppm PCBs to reduce the concentra-tion of PCBs in the common contaln-t'r. If dit>lectric fluid from untested. oil-fillt>d circuit brt>akers, reclosers. or cablt> is collt>cled in a common contain-n with dielectric fluid from other oil-filled electrical equipment, 1 he entire contt"nts of the container must be treated as PCBs at a concentration of at least 50 ppm, unless all of the fluid from the other oil-filled electrical equipment has been tested and shown to contain less than 50 ppm PCBs. <ii> For purposes of complyin~ with the marking and disposal requirc-mPnts. representative samples may be taken from either the common con-tainers or the individual electrical equipment to determine the PCB con-cent ration. except that if any PCBs at a conct•nt ration of 500 ppm or greater ha,·e been added to the container or equipment 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-graph, representative samples of min-eral oil dielectric fluid are either sam-ples taken in accordance with Ameri-can Society of Testing and Materials method 0-923 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 containPr, pro\'ided that no other chemical substances or mixtures, such as non-waste oils, are added to the container. <ii> For purpost>s of complying with the marking and disposal require-ments. n•presentati\·e samples may be tak~·n from either the common con-tainers or the individual electrical 1•q11ipmcnt to determine the PCB con-centration. Excepl, Thal if any PCBs at a concentration of 500 ppm or greater have been added to the con-taint'r or equipment then t11e total Title 40-P,otc,ctian of Envl,onment container contents must be considerPd as having a PCB concentration of 500 ppm or greater for purposes of com-plying with the disposal requirements of the Subpart. For purposes of this paragraph, reprcsentativP samples of mineral oil dielectric fluid are either samples taken in aC"cordance with American Society of Testing and Ma-terials method 0-923-81 or samples taken from a container that has been thoroughly mixed in a manner such that any PCBs In the container are unit'ormly distribut('d throughout the liquid in the container. < h) Requirements for export and import of PCBs for purposPs of dispos-al and PCB Items for purposes of dis-posal are found in § 761.20. <i> Approi,al authority for disposal methods. < 1) The officials ( the Assist-ant Administrator for Pesticides and Toxic Substances and the Regional Administrators) designated in H 761.60 <el and 761.70 <a> and <bl to receive requests for approval of PCB disposal activities arc the primary ap-proval authorities for these activities. Notwithstanding, the Assistant Ad-ministrator for Pesticides and Toxic Substances may, at his/her discretion. assign the authority to re\'iew and ap-pro\'e any aspect of a disposal system to the Office of Pesticides and Toxic Substances or to a Regional Adminis-trator. < 2 > Except for activity authori.ted under § 761.30(j), research and devel-opment <R and OJ into PCB disposal methods using a total of less than 500 pounds of PCB material <regardless of PCB concentration> will be re,•iewed and appro\'ed by the appropriate EPA Regional · Administrator and rt·searcll and de\'elopment using 500 pounds or more of PCB material < n•gardless of PCB concentration> will be re\'ie\\'Pd by the appro\'al authorities set out in §§ 76l.60<e> and 761.70 <a> and CbJ. 144 FR 31542. May 31. 1979. as amended at 44 FR 54297. S1•pt. 19, 1979: 45 FR 20475. Mar. 28. 1980. Redesiimnted al 47 FR 19527. M:>y 6. 1982, and amc,nd1·d at 47 FR 37359. Aug. 25, 1982: 48 FR 5730, Fl'b. 8. 1983: 48 FR 13185, Mar. JO. 1983: 48 FR 15125, Apr 7. 1983) 552 -' ---------Chapter I-Environmental Protection Agency § 761.65 ~tora,ce for dispoMal. placed in a non-leaking PCB Container <a> Any PCB Article or PCB Con-that contains sufficient sorbent mate-tainer stored for disposal before Janu-rial_s . to _absorb any liquid PCBs re-ary 1. 1983. shall be removed from mammg m the PCB Items: storage and disposed of a.~ required by <iii) PCB Containers containing non-this part before January 1. 1984. Any liquid PCBs such as contaminated soil. PCB Article or PCB Container stored rags, and debris; and for disposal after January 1. 1983, . Ci~) PCB Containers containing shall be removed from storage and dis-liquid PCBs at a concentration be-posed of as required by Subpart o tween 50 and 500 ppm. pro,·ided a Spill within one year from the date when it Prevention. Control and Countermeas-was first placed into storage. ure Plan has been prepared for the <bl Except as pro,·lded In paragraph temporary storage area in accordance <c> of this section, after July 1. 1978. with 40 CFR Part 112. In addition. owners or operators of any facilities each container must bear a notation used for the storage of PCBs and PCB that indicates that the liquids in the Items designated for disposal shall drum do not exceed 500 ppm PCB. comply with the following require-(2) Non-leaking and structurally un-ments: damaged PCB Large High Voltage Ca-< l > The facilities shall meet the fol-pacitors and PCB-Contaminated Elec-lowing criteria: trical Equipment that ha\'e not been <i> Adequate roof and walls to pre-drained of free flowing dielectric fluid vent rain water from reaching the may be stored on pallets next to a stored PCBs and PCB items; storage facility that meets the require-(iil An adequate floor which has con-nwnts of parai;:raph <b> of this section. tinuous curbing with a minimum six PCB-Cor,tarninated Electrical Equip-inch high curb. The floor and curbing ment that has been drained of free must provide a containment volume flowing dielectric fluid is not subject equal to at least two times the internal to the storage pro\'isions of § 761.65. volume of the largest PCB Article or Storage under this subparagraph wiil PCB Container stored therein or 25 be permitted only when the storage fa. percent of the total internal volume of cility has immediately available un-all PCB Articles or PCB Containers filled storage space equai to 10 percent stored therein. whichever is greater; of the \'Olume of capacit.:>rs and equip-<iiD No drain \'alves, floor drains, ex-ment stored outside the facility. The pansion Joints. sewer lines, or other capacitors and equipment cemporarily openings that would permit liquids to stored outside th~ facility shall be flow from the curbed area; checked for leaks weekly. <iv) Floors and curbing constructed (3) Any storage a:-ea subject to the of continuous smooth and impervious requirements of paragraph <b> or para-materials, such as Portland cement graph <c>< l> of this section shall be concrete or steel, to prevent or mini-marked as required in Subpart C-mize penetration of PCBs; and § 761.40<aH 10>. <v> Not located at a site that is below <4> No item of movable equipment the 100-year flood water elevation. that is ust>d for handling PCBs and <c>< 1> The following PCB Items may PCB Items in the storage facihties and be stored temporarily in an area that that comes in direct contact with does not comply with the require-PCBs shall bl' remo,·ed from the stor-ments of paragraph <b> of this section age facility area unless it has bt'l'II de-for up to thirty days from the date of contaminated as specified in § 761.79. their removal from service. provided <5> All PCB Articles and PCB Con-that a notation is attached to the PCB tainers in storage shall be checked for Item or a PCB Container <containing leaks at least once e\·ery 30 days. Any the item> indicating the date the item leaking PCB Articles and PCB Con-was removed from ser\'ice: tainers anct their contl'nts shall bt• < i > Non-lPaking PCB Articles and transferred immediately to propt•rly PCB Equipment: marked non-leaking containers. Any <ii> Leaking PCB Articlt•s and PCB spillt>d or lt•ak1•d materials shall be im-Equipment if the PCB Items are mediately cleaned up, using sorbt•nts 553 § 761.70 or otlwr adequate means. and the PCB-.contaminated materials and resi-dues shall be disposed or in accordance with§ 761.60<a><4J. < 6 l Exct•pt as provided in paragraph <c>< 7 > of this section, any container used for the storage of liquid PCBs shall comply with the Shipping Con-tainer Specification of the Depart-ment of Transportation <DOT>. 49 CPR 178.80 <Specification 5 container without removable head>, 178.82 <Specification 5B container without removable head>. 178.102 <Specifica-tion 6D overpack with Specification 2S< § 178.35) or 2SL< § 178.35a) polyeth-ylene containers) or 178.116 <Specifica-tion l 7E container>. Any container used for the storage of non-liquid PCBs shall comply with the specifica-tions of 49 CPR 178.80 (Specification 5 container>, 178.82 <Specification 5B container) or 178.115 <Specification l 7C container>. As an alternate, con-tainers larger than those specified in DOT Specifications 5, 5B. or l 7C may be used for non-liquid PCBs if the con-tainers are designed and constructed in a manner that will provide as much protection against leaking and expo-sure to the en\'ironment as the DOT Specification containers, and are of the same relative strength and dura-bility as the DOT Specification con-tainers. < 7 > Storage containers for liquid PCBs can be larger than the contain-ers specified in paragraph <c><6> of • this section provided that: <i> The containers are designed, con-structed, and operated in compliance with Occupational Safety and Health Standards, 29 CPR 1910.106, Flamma-ble and combustible liquids_ Before using these containers for storing PCBs. the design of the containers must be re\·iewed to determine the effect on the structural s&fety or the containers that will result from plac-ing liquids with the specific gravity of PCBs into the containers <see 29 CFR 1910.106< bJ< i >< f ». <ii> The owners or operators of any facility using containers described in · paragraph <cH7><i> of this section shall prepare and implement a Spill Preven-tion Control and Countermeasure <SPCCl Plan as described in Part 112 of this title. In complying with 40 CFR Title 40-Protection of Environment Part 112. the owner or operator shall read "oil<s>" as "PCB<s)" •khene\·er it appears_ The exemptions for storagl' capacity, 40 CFR l 12.l<dH2>. and the amendment of SPCC plans by the Re-gional Administrator. 40 CFR 112.4. shall not apply unless some fraction of the liquids stored in the container are oils as defined 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 nre placed in storage. 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 <cl(7) of this section shall have a record that in-cludes 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 § 761.80. (44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982, and amended at 47 FR 37359, Aug. 8, 19821 § 761.70 Incineration. <a> Liquid PCBs. An incinerator used for incinerating PCBs shall be ap-proved by an EPA Regional Adminis-trator or the Assistant Administrator for Pesticides and Toxic Substances pursuant to paragraph <d> of this sec-tion. Requests for approval of inciner-ators to be used in more than one region must be submitted to the As-sistant Administrator for Pesticides and Toxic Substances. l'Xcept for re-search and development involving less than 500 pounds of PCB material <see section 761.60<i>< 2». Requests for ap-pro\'al of incinerators to be used in only one region must be submitted to the appropriate Regional Administra-tor. The incinerator shall meet nll of the requirements specified in para-graph <a> <l> through (9J of this sec-tion, unless a waiver from these re-quirements is obtained pursuant to paragraph Cd)(5J of this section. In ad-dition. the incinerator shall meet any other requirements which may be pre-----,_j54 -----Chapter I-Environmental Prote'dion Agency § 761.70 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( ± lO0'C> and 3 percent excess oxygen in the slack gas; or <ii> Maintenance of the introduced liquids for a l '/2 second dwell time at 1600'CC ± lO0"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, +<'to:~ 100 where Cco-,=Concentration 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. (5) The flow of PCBs to the Inciner-ator shall stop automatically when-ever the combustion temperature drops below the temperatures speci-fied in paragraph <a><l> of this section. <6> Monitoring of stack emission products shall be conducted: (i) When an incinerator is first used for the disposal of PCBs under the provisions of this regulation; <ii> When an incinerator is first used for the disposal of PCBs after the in-cinerator has been modified in a manner which may affect the charac-teristics of the stack emission prod-ucts; and (iii) At a minimum such monitoring shall be conducted for the following parameters: <aiO,; <b> CO; <c> CO,; <dl Oxides of Nitrogen cNO,>; <e> Hydro-chloric Acid <HCI>: <fl Total Chlorinat-ed Organic Con1ent cRCll; <g> PCBs; and <h> Total Particulate Matter. <7 > At a minimum monitoring and recording of combustion products and incineration operations shall be con-ducted for the following parameters whenever the incinerator is incinerat-ing PCBs: <iJ O,; <ii) CO: and <iii> CO,. The monitoring for 0, and CO shall be continuous. The monitoring for CO, shall be periodic, at a frequency speci-fied by the Regional Administrator or Assistant Administrator for Pesticides and Toxic Substances. <8> The flow of PCBs to the inciner-ator shall stop automatically when any one or more of the following con-ditions occur, unless a contingency plan is submitted by the incinerator owner or operator and approved by the Regional Administrator or Assist-ant Administrator for Pesticides and Toxic Substances. The contingency plan indicates what alternative meas-ures the incinerator uwner or operator woulct take if any of the following con-ditions occur: <i> Failure of monitoring operations specified in paragraph <a>< 7 > of thi-section; <ii> Failure of the PCB rate and quantity measuring and recording equipment specified in paragraph <a><3> of this section: or <iii> Excess oxygen falls below the percentage specified in paragraph <a>< l > of this section. <9> Water scrubbers shall be used for HCl control during PCB incineration and shall meet any performance re-quirements specified by the appropri-ate EPA Regional Administrator or the Assistant Admil'listrator for Pesti-cides and Toxic Substances. Scrubber effluent shall be mo:1itored and shall comply with appli.:able effluent or pretreatment standards, and any other State and Federal laws and regula-tions. An alternate method of HCI control may be used if the alternate method has been approved by the Re-gional Administrator or the Assistant Administrator for Pesticides and Tuxic Substances. tThe HCI neutralizing ca-pability of cement kilns is cons'.dered to be an alternate method.> <bl Nonliquid PCBs. An incinerator used for incinerating nonliquid PCBs, PCB Articles. PCB Equipment. or PCB Containers shall be approved by the appropriate EPA Regional Administra-tor or the Assistant Administrator for Pesticides and Toxic Substances pur-suant to paragraph <d) of this section. ---555 - ----- - ----Rt>quests for approval of incinerators to be used in more than one reKion must be submitted to the Assistant Administrator tor Pesticides and Toxic Sub.stances, 1•xcept for rescnrch and development Involving less than 500 pounds of PCB material <see section 761.60( i H 2». Requests for appro\'al of lncint•rntors to be used In only one region must be submitted to the ap-propriate Regional Administrator. The incinerator shall meet all of the re-quirements specified in paragraphs <b> < l> and < 2 l of this section unless a waiver from these requirements is ob-tained pursuant to paragraph <d><5J of this section. In addition, the inciner-ator shall meet any other require-ments that may be prescribed pursu-ant to paragraph <dl(4J of this section. ( 1 > 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 paragraphs <a><2>. <3>, <4>. <6>. <7>, <S><il and <ii>, and <9> of this section. <c> Maintenance of data and records. All data and records required by this section shall be maintained in accord-ance with § 761.80, Records and moni-toring. <d> Approval of incinerators. Prior to the incineration of PCBs and PCB Items the owner or operator of an in-cinerator shall receh•e the written ap-proval of the Agency Regional Admin-istrator for the region in which the in-cinerator is located, or the Assistant Administrator for Pesticides and Toxic· Substances. Approval from the Assist-ant Administrator for Pesticides and Toxic Substances may be effective In all ten EPA regions. Such approval shall be obtained in the following manner: ( 1 > Application. The owner or opera-tor shall submit to the Regional Ad-ministrator or the Assistant Adminis-trator an application which contains: < i > The location of the incinerator; < ii l A detailed description of the ln-ci.1erator including general site plans and design drawings of the inciner-ator; < iii> Engineering rl'ports or other in-formation Cln the anticipated perform-ance of the incinerator; -----<iv> Sampling and monitorin~ equip-ment and facilities available: <v> Waste volumes expected to be In-cinerated; <vi> Ah.V tornl. St:\le, or Federal Pl't· mils or approvals; and (\'ii) Schedules and plans for comply-ing with the approval requirements of this regulation. <2> Trial burn. m Following receipt of the application described in para-graph <d H 1) of this section, the Re-gional Administrator or the Assistant Administrator for Pesticides and Toxic Substances shall determine if a trial burn Is required and notify the person who submitted the report whether a trial burn of PCBs and PCB Items must be conducted. The Regional Ad-ministrator or the Assistant Adminis-trator for Pesticides and Toxic Sub-stances may require the submission of any other information. that the Re-gional Administrator or the Assistant Administrator for Pesticides and Toxic Substances finds to be reasonably nec-essary to determine the need for a trial burn. Such other information shall be restricted to the types of in-formation required in paragraphs (dl<l> (i) thrnugh <vii> Clf this section. rn > If the Regional Administrator or the Assistant Administrator for Pesti-cides and Toxic Substanl'es determines that a trial burn must be held, the person who submitted the report de-scribed in paragraph <d><l> of this sec-tion shall submit to the Regional Ad-ministrator or the Assistant Adminis-trator for Pesticides and Toxic Sub-stances a detailed plan for conducting and monitoring the trial burn. At a minimum, the plan must include: <A> Date trial burn is to be conduct-ed: <Bl Quantity and type of PCBs and PCB Items to be incinl'rated; <C> Parameters to be monitored :i.nu-location of sampling points: <D> 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 e\·aluation of the effectiveness of tlw trial burn. 556 11111-------------<Iii> Following receipt of the plan de-scribed in paragraph <dH2Hiil of this section, the Regional Administrator or the Assistant Administrator for Pesti-cides and Toxic Substances will ap-prove the plan, require additions or modifications to the plan, or disap-prove the plan. If the plan Is disap-proved, the Regional Administrator or the Assistant Administrator for Pesti-cides and Toxic Substances will notify the person who submitted the plan of such disapproval, together with the reasons why it is disapproved. That person may thereafter submit a new plan in accordance with paragraph <dl<2Hiil of this section. If the plan is approved <with any additions or modi-fications which the Regional Adminis-trator or the Assistant Administrator for Pesticides and Toxic Substances may prescribe>, the Regional Adminis-trator or the Assistant Administrator for Pesticides and Toxic Substances will notify the person who submitted the plan of the approval. Thereafter. the trial burn shall take place at a date and time to be agreed upon be-tween the Regional Administrator or the Assistant Administrator for Pesti-cides and Toxic Substances and the person who submitted the plan. <3> Other infonnalion. In addition to the information contained in the report a11d plan ut·scrib{•d in para-graphs <d> <ll and <2> of this ::;ection. the Regional Administrator or the As-sistant Administrator for Pesticides and Toxic Substances may require the owner or operator to submit any other information that the Regional Admin-istrator or the Assistant Administrator for Pesticides and Toxic Substances finds to be reasonably necessary to de-termine whether an incinerator shall be approved. NoTE: The Regional Administrator will have a\'ailable for rel'it'W and inspt>ction an Agency manual contai11111g information on sampling methods and analytical procedures for the parameters required in § 761.70<al (3), <4>. <6l. and <7l plus any other param• eters he/she may dt>Lermine to be appropri-ate. Owners or operators are encouraged to re\'iew this manual prior Lo submilling any report required in§ 761.70. <4> Contents of appro!'al. (i) Except as provided in paragraph <dl<5> of this section. the Regional Administrator or the Assistant Administrator for P,·sti-cides and Toxic Substances may not approve an Incinerator for the disposal of PCBs and PCB Items unless he finds that the lnclnnator meets all of the requirements of paragraphs (al and/or <bl of this section. <II> In addition to lhe rcQulr('mrnts of paragraphs <a> and/or <bl of this section, the Regional Administrator or the Assistant Administrator for Pesti-cides and Toxic Substances may in-clude in an appro\'al any other re-quirements that the Regional Admin-istrator or the Assistant Administrator for Pesticides and Toxic Substances finds are necessary to ensure that op-eration of the incinerator does not present an unreasonable risk of injury to health or the environment from PCBs. Such requirements may Include a fixed period of time for which the approval is valid. <5> U'ait'ers. An owner or operator of the incinerator may submit e\·idence to the Regional Administrator or the Assistant Administrator for Pesticides and Toxic Substances that operation of the incinerator will not present an unreasonable risk of injury to health or the enviroment from PCBs, whef' one or more of the requirements o.: paragraphs <s.> and/or (bl of this sec-tion are not met. On the basis of such evidence and any other available infor-mation. the Regional Administrator or the Assistant Administretor for Pesti-cides and Toxic Substances may in his/her discretion find that any re-quirement of paragrarhs <a> and (bl of this section is not ne.:essary to protect against such a risk, and may waive the requirements in any approval for that incinerator. Any findin~ and waiver under this paragraph must be -stated in writing and included as part of the approval. (6) Persons approt•ed. An approval will designate the persons who own and who are authorized to operate thP. incinerator, and will apply only to such persons. except as pro\·idt·d in paragraph <dH8) of this section. <7> Final approL•al. Approval of an incinerator will be in writing and signed by the Regional Administrator or the Assistant Administrator for Pt•sticides and Toxic Substances. The 557 -§ 76l.75 approval will slate all requirements applicable to the approved Incinerator. (8) Transfer of property. Any person who owns or operates an appro\·ed In-cinerator must Rotify 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 by 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. (44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527. May 6, 1982. and amended at 48 FR 13185, Mar. 30, 19831 § i6l.75 Chemical waste landfills. (al 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. The landfill shall meet all of the re-quirements specified in paragraph <b> of this section, unless a waiver from these requirements is obtained pursu-ant to paragraph <cJ(4) of this section. In addition, the landfill shall meet any other requirements that may be pre-scribed pursuant to paragraph <cJ(3J of this section. (bl Technical requirements. Require-ments for chemical waste landfills used for the disposal of PCBs and PCB Items are as follows: < l > Soils. The landfill site shall be lo-cated in thick, relatively impermeable formations such as large-area clay pans. Where this is 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; (iiJ Permeability <cm/sec>, equal to or less than l :•· 10·1; Title 40-Protection of Environment <Ill> Percent soil passing No. 200 Sieve, >30; <Iv> Liquid Limit. >30; and <v> 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 permeability equivalent to the soils In paragraph < b >Cl) of this section.Whenever a synthetic liner Is used at a landfill site, special precau-tions shall be taken to insure that its integrity is maintained and that it is chemically compatible with PCBs. Adequate soil underlining and soil cover shall be provided to prevent ex-cessive stress on the liner and to pre-vent rupture of the liner. The liner must have a minimum thickness of 30 mils. · (3J 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. (4J Flood protection. (i) 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 is above the 100-year floodwater elevation, the op-erators shall provide diversion strur-· 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 prevent landslides or slumping. (6) Monitoring systems-<iJ Waler sampling. <Al For all sites receidng PCBs, the ground and surface water ---558 - ---- -Chapter I-Environmental Protection Agency § 761.75 from the disposal site area shall be sampled prior to commencing oper-ations under an approval provided in paragraph <c> of this section for use as baseline data. <B> Any surface watercourse desig-nated by the Regional Administrator using the authority provided in para-graph (cJ<3><ii> of this section shall be sampled at least monthly when the landfill is being used for disposal oper-ations. <CJ Any surface watercourse desig-nated by the Regional Administrator using the authority provided in para-graph Cc><3>< ii> of this section shall be sampled for a time period specified by the Regional Administrator on a fre-quency of no less than once every six months after final closure of the dis-posal area. <iil Groundwater monitor 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 of 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. <Bl 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 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 § 761.B0(dl< l >. Sampling· methods and analytical procedures for these param-eters shall comply with those specified in 40 CFR Part 136 as amendl'd in 41 FR 52779 on December 1, 1976. (Al PCBs. . <Bl 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 physlcochemical 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 pro\·ided in para-graph. Cbl<6Hiii> of this section. Ac-ceptable leachate monitoring/collec-tion systems shall be any of the fol-lowing designs, unless a waiver is ob-tained pursuant to paragraph <cH4l of this section. <iJ Simple leachate collection. This system co:-isists of a gravity flow drain-field installed abO\·e the \rnste 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 drainfield installed abo:e the waste disposal facility line:-and above a sec-ondary installed liner. This design is recommended for use -'"hen semi-liquid or teachable solid Wli.Stes are placed in a lined pit excavated into relatively permeable soil. < iii> Suction lysimeters. This system consists of a network of porous ceram-ic cups connected by hosesitubing to a vacuum pump. The porous c.eramic 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 permeablf' un-saturated soil immediately adjacent to the bottom and/or sides of the dispos-al facility. <Bl Chemical waste landfill oper-ations. <il PCBs and PCB llems shall be placed in a landfill in a manner that will prevent damage to containers ----559 ----- - -§ 761.15 ---or articles. Other wastes placed In the landfill that are not chemically com-patible with PCBs and PCB Items In-cluding organic sol_vents shall be segre-gatPd from the PCBs throughout the wa!ilt• handling and disposal process. c ii J An opera lion plan shall be devel-oped and submitted to the Regional Administrator for approval as required in paragraph <cl of this section. This plan shall include detailed explana-tions of th<' procedures to bt> used for recordke<>ping, surfact• water handliug proc<>dures, excavation and backfilling, waste segrei,:-ation 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 security measures to protect against vandalism and unauthorized waste placements. EPA guidelines entitled "Thermal Processing and Land Dispos-al of Solid Waste" <39 FR 29337, Aug. 14, 1974> are a useful reference in preparation of this plan. If the facility is to be used to dispose of liquid wastes containing between 50 ppm and 500 ppm PCB, the operations plan must include proc<>dures to determine that liquid PCBs to be disposed of at the landfill do not exceed 50u ppm PCB and meaures to prevent the migration of PCBs from the landfill. Bulk liquids not exceeding 500 ppm PCBs may be disposed of provided such waste is pre-treated and/or stabilized <e.g., chemi-cally fixed, evaporated, mixed with dry inert absorbant> to reduce its liquid content or increase its solid con-tent so that a non-flowing consistency is achieved to eliminate the presence of free liquids prior to final disposal in a landfill. PCB Container of liquid PCBs with a concentration between 50 and 500 ppm PCB may be disposed of if each container is surrounded by an amount of inert sorbant material capa-ble of absorbing all of the liquid con-tents of the container. <iii> Ignitable wastes shall not be dis-posed of in chemical waste landfills. Liquid ignitable wastes are wastes that ha\'e a flash point less than 60 degn•es C < 140 degrees FJ as determined by the following method or an equivalent method: Flash point of liquids shall be determined by a Pensky-Martens ----:-'tie 40-Protectlon of Environment Closed C.:up Tester, using thf' protocol specified in ASTM Standard 0-93-80. or the Setaflash Closed TPstn using the protocol spccifi<>d in ASTM Stand-ard D-3278-78. <iv> Records shall be malntaint>d for all PCB disposal operallons and shall include information on the PCB con-centration in liquid wastes and the three dimensional burial coordinates for PCBs and PCB Items. Additional rt!COrds shall be dl•vcloppd and main-tained as required in § 761.80. <9> Supporti11g facilities. (i) A six foot woven mPsh fence, wall. or similar device shall be placed around the site to prevent unauthorized persons and animals from entering. <ii> Roads shall be maintained to and within the site which are adequate to support the operation· and mainte-nance of the site without causing safety or nuisance problems or hazard-ous conditions. <iii> The site shall be operated and maintained in a manner to pre\'ent safety problems or hazardous condi-tions resulting from spilled liquids and windblown materials. <c> Approval of chemical waste ta11d-filts. Prior to the disposal of any PCBs and 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: < lJ Initial. report. The owner or oper-ator shall submit to the Regional Ad-ministrator an initial report which contains: <i> The location of the landfill: <ii> A detailPd description of tht• landfill including general site plans and design drawings; (iii> An engineering report describing the manner is which the landfill com-plies with the requirements for chemi-cal waste landfills specified in para-graph (bl of this sel'lion: <l\') Sampling and monitoring equip-ment and facilities a\'ailable: <v> Expected waste rnlumes of PCBs: <vi> General description of waste ma-terials other than PCBs that arc ex· pected to be disposed of in the landfill: <vii> Landfill operations plan as rl'· quired in paragraph <ll> of this sect ion: 560 --------Chapter I-Environmental Prohtction Agency - -§ 761.79 <vill> 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 i11fonnation. In addition to the information contained In the report described In paragraph <c>< 1) 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 appro\·ed. Such other infor-mation shall be restricted to the types of information required in paragraphs <c><l> (i) through <ix> of this section. <3> Contents of approval. (i> Except as provided in paragraph <c>(4) of this section the Regional Administrator may not approve a chemical waste landfill for the disposal of PCBs and PCB Items, unless he finds that the landfill meets all of the requirements of paragraph <b) of this section. (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 111."c.:essary 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 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 acti\'ities conducted pursuant to paragraph <b><6> of this section. (4J 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 <bl of this section are not met. On the basis of such evidence and any other available information. the Regional Administra-tor may in his disc.:retion find that one or more of the requirements of para-graph <bl of this section is not neces-sary to protect against such a risk and may waive the requirements in any ap-proval for that landfill. Any finding and waiver under this paragraph will be stated in writing and included as part of the approval. CS> Persons approt·ed. 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 <c><7> of this sec-tion. (6) Final approval. Apprornl 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-prover.I 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 prop~rty 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 t hP transferor's EPA chemical waste landfill approval. Within 30 days of receiving such noti-fication and affida\'it, EPA will issue an amended approval suostituting the transferee's name fllr the transferor's name. or EPA may require the trans-feree to apply for a new chemical waste landfill apprc\·al. In the latter case, the transferee must abide by the transferor's EPA approval until EPA issues the new approval to the trans-feree. · 144 FR 31~42. May 31. 1979. Rt•designated at 47 FR 19527. May 6. 1982. and amt>ndeJ at 48 FR 5730, Feb. 8. 19831 1-i 761.i9 l>ecuntamination. <a> Any PCB Containl'r to be decon-taminated shall be dccor)taminated 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 fi\'e percent or more by weight. Each rinse shall use a volume of the normal diluent equal to approximately ten < 10> percent of the PCB Container 561 -§761.180 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 § 761.60<a>. Non-liquid PCBs re-sult ini: from the decontamination pro-cedures shall be disposed of in accord-ance wilh the provisions of § 761.60<aH4J. <bl Movable equipment used in stor-age areas shall be decontaminated by swabbing surfaces that have contacted PCBs with a sol\'ent meeting the crite-ria of paragraph <a> of this section. Nott: Precautionary mel\llures should be taken to ensure that the soln•nt meets safety and health standards as required by applicable Federal regulations. [44 FR 31542. May 31, 1979. Redesignated al 47 FR 19527, May 6, 19821 Subparts E-1-[ Reserved] Subpart J-Records and Reports § 761.11!0 Records and monitoring. (al PCBs and PCB Items in service 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 maintain 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 records and documents at one of the facilities that is normally occupied for 8 hours a day, prnvided 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 quantities. The following information for each facility shall be included in the annual document: <l> The dates when PCBs and PCB Items are removed from service, are Title 40-Protection of Environment placed into storage for disposal. and are placed Into transport for disposal. The quantities of tht• PCBs and PCB Items shall be indicated using the fol-lowing breakdown: <i> Total weight in kilograms of any PCBs and PCB Items in PCB Contain-ers including the idf'ntification of con-lainer contents such as liquids and ca-pacitors: <ii> Total number of PCB Trans-formers and total weight In kilograms of any PCBs contained in the trans• formers: and <ill> Total number of PCB Large High or Low Voltage Capacitors. <2> For PCBs and PCB Items re-moved from service, the location of the initial disposal or storage facility and the name of the owner or opera-tor of the facility. . <3> Total quantities of PCBs and PCB Items remaining in service at the end of the calendar year using the fol-lowing breakdown: <i> Total weight in kilograms of any PCBs and PCB Items in PCB Contain-ers, including the identification of con-tainer contents such as liquids and ca-pacitors: (ii) Total number of PCB Trans-formers and total weight in kilograms of any PCBs contained in the trans-formers; and < iii) Total number of PCB Large High or Low Voltage Capacitors. <bl Disposal and storage facilities. Each owner or operator of a facility <including high efficiency boiler oper· ations> used for the storage or disposal of PCBs and PCB Items shall by July 1. 1979 and each July 1 thereafter pre-pare and maintain a document that in· eludes the information required in paragraph <b><l> thru (4) of this ser· tion for PCBs and PCB Items that were handled at the facility during t 11,· previous calendar year. The document shall be retained at each facility for at least 5 years after the facility is no longer used for the storage or disposal of PCBs and PCB Items except that in the case of chemical waste landfills. the document shall be maintained at least 20 years after the chemical wastt' landfill is no longer used for the di~-posal of PCBs and PCB Items. TIii' documents shall be available al the fa· cility for inspection by authorized rep· ---562 - -----Chapter I-Environmental Protection Agency § 761.180 resentatives of the Environmental Protection Agency. If the facility ceases to be used for PCB storage or disposal. the owner or operator of such facility shall notify within 60 days the EPA Regional Administrator of the region in which the facility Is located that the facility has cea.,;ed storage or disposal operations. The notice shall specify where the docu-ments that are required to be main-tained by this paragraph are located. The following information shall be in• cluded in each document: < 1 > The date when any PCBs and PCB Items were received by the facili-ty during the previous calendar year for storage or disposal, and identifica-tion of the facility and the owner or operator of the facility from whom the PCBs were received: <2> The date when any PCBs and PCB Items were disposed of at the dis-posal facility or transferred to another disposal or storage facility, including the identification of the specific types of PCBs and PCB Items that were stored or disposed of; <3> A summary of the total weight in kilograms of PCBs and PCB Articles in containers and the total weight of PCBs contained in PCB Transformers, that have been handled at the facility during the previous calendar year. This summary shall provide totals of the above PCBs and PCB Items which have been: (i) Received during the year: <ii> Transferred to other facilities during the year: and (iii) Retained at the facility at the end of the year. In addition the con-tents of PCB Containers shall be iden-tified. When PCB Containers and PCBs contained in a transformer are transferred to other storage or dispos-al facilities, the identification of the facility to which such PCBs and PCB Items were transferred shall be includ-ed in the document. (4) Total number of any PCB Arti-cles or PCB Equipment not in PCB Containers. received during the calen-dar year, transferred to other storage or disposal facilities during the calen-dar year, or remaining on the facility Site at the end of the calendar year. The identification of the specific types or PCB Articles and PCB Equipment received, transferred, or remaining on the facility site shall be indicated. When PCB Articles and PCB Equip-ment are transferred to other storage or disposal facilities, the identification of the facility to which the PCB Arti-cles and PCB Equipment were trans-ferred must be included. NoTE: Any requirements for weights In kilograms or PCBs may be calculated values ir the Internal volume or containers and transrorm~rs is known and included in the reports, together with any assumptions on the density or the PCBs contained in the containers or transrormers. <c> Incineration facilities. Ea~h owner or operator of a PCB Inciner-ator facility shall collect and maintain for a period of 5 years Crom the date of collection the following informa-tion, in addition to the information re-quired in paragraph <b> of this section: < 1 > When PCBs are being incinerat-ed, the following continuous and short-interval data: <i> Rate and quantity of PCBs fed to the combustion system as required In § 761.70(a)<3>: <ii> Temperature of the combustion process as required in § 761.70<a><4>: and < iii) Stack emission product to in-clude 02, CO, and CO2 as required in § 761.70<a><7>. < 2 > When PCBs are beinl incinerat-ed, data and records on the monitoring of stack emissions as required in § 761.70<a><6>. <3> Total weight in kilograms of any solid residues generated by the incin-eration of PCBs and PCB Items during the calendar year, the total weight in kilograms of any solid residues dis-posed of by the facility in chemical waste landfills, and the total weignt in kilograms of any solid residues re-maining on the facility site. <4> When PCBs and PCB Items are being incinerated, additional periodic data shall be collected and maintained as specified by the Regional Adminis-trator pursuant to § 761. 70< d )( 4 >. <5> Upon any suspension of the oper-ation of any incinerator pursuant to § 761.70<a><8>. the owner or operator of such an incinerator shall prepare a document. The document shall. at a minimum, include the date and time ---563 - ----- ---- -§761.185 or the suspension and an explanation or the circumstances causing the sus• pension of operation. The document shall be sent to -the appropriate Re• gional Administrator within 30 days or any such suspension. <dl Chemical waste landfill facilities. Each owner or operator of a PCB chemical waste landfill facility shall collect and maintain until at least 20 years after the chemical waste landfill is no longer used for the disposal of PCBs the following information in ad-dition to the information required In paragraph <bl of this section: < 1 l Any water analysis obtained in compliance with § 761.75Cb)(6lCiiil; and <2> Any operations records including burial coordinates of wastes obtained in compliance with§ 761.75<bH8l<iil. <el High efficiency boiler facilities. Each owner or operator of a high effi-ciency boiler used for the disposal of liquids between 50 and 500 ppm PCB shall colit>ct and maintain for a period of 5 years the following information, in addition to the information re-quired in para~raph <b> of this section: < 1 l For each month PCBs are burned in the boiler 1 he carbon monoxide and excess oxygen data required in § 76l.60<al<2HiiiHA><Bl and § 76l.60<al(3J(iii)(Al<B>: <2> The quantity of each month as § 761.60<a><2><iiil<AH 7l PCBs burned required· in and § 76l.60<aJ<3)(iii><Al<7l; and <Jl For each month PCBs <other than mineral oil dielectric fluid> are burned. chemical analysis data of the waste as required in § 76l.60(al(3l <iiiHBH6l. < fl Retention of special records by storage and disposal facilities. In addi-tion to the information required to be maintained under paragraphs (bl, (cl. <dl and <el of this section. each owner or operator of a PCB storage or dispos-al facility <including high efficiency boiler operations) shall collect and maintain for the time period specified in paragraph <bl of this section the following data: < 1 l All documents, correspondence. and data that have been provided to the owner or operator or the facility by any State or local government agency and that pertain to the storage -----Title 40-Protection of Environment or disposal or PCBs and PCB Items al the facility. <2> All documents. corrl•spond1•n<'e. and data that have been provided by the owner or operator of the facility to any Slate 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 or the facility lo any local. Slate, or Federal authoritlt>s In regard to waste water discharge permits. solid waste permits, building pt>rmlts, or other permits or authorizations such as those required by §§ 761.70<dl and 761.4l<cl. 144 FR 31542. May 31. 1979. Redesignated at 47 FR 19527. Ma:,-6, 1982. and 47 FR 37360. Aug. 25, 1982] 14 i61.114,> Certification program and reten-tion of special records h)' person,; gen-erating Pl'Hs in closed manufal·turing processes and controlled waste manu-facturing prol·esses. <al In addition to meeting the basic requirements of § 761.l(fl, PCB-gem•r· aling manufacturing processes shall bt> considered "closed manufacturing processes" or "controlled waste manu-facturing processes" <and thus, be ex-cluded Crom the TSCA section 6<el ban on manufacture>. only if the owner/operator of the manufacturing facility: (l l Performs either a theo1 t'lical analysis of PCB levels in releases or conducts actual sampling of PCB levels in releases. <2> Determines that the disposal fa-cility is qualified for the disposal of controlled wastes under § 76 l.3< 11111 ( for co'ntrolli>d waste processes only l. . (3) Maintains <for a period of 3 ye:ns after a process ceases op1irations or for 7 years, whichever is shorter> records containing the following informal ion on the processes: <il Theoretical analysis. <Al The rt'· action or reactions belie\'ed to be pro· ducing the PCBs, the levels of PCBs generated. and the levels of PCBs 1T· leased. <Bl The basis for all estimatiom of PCB concentrations. 564 ------- --Chapter I-Environmental Protection Agency § 761.185 <C> The name and qualifications or the person or persons performing the theoretical analysis. <iil Actual monitoring. <Al The method or analysis. <Bl The results or the analysis, In-cluding data from the Quality Assur-ance Plan. <Cl The name or the analyst or ana-lysts. <Dl The date and time of the analy-sis. Cilil Qttalificatioiis of the disposal fa-cHit11. CAl The type of disposal facility. (Bl The name of the disposal faclil· ty. <C> The location of the disposal fa-cility. <Dl If the disposal facility is a RCRA-approved incinerator, the basis for the determination that the inciner-ator qualifies for the destruction of the PCB wastes lo be destroyed. Cb> The data collected, and the anal-ysis performed under paragraph <al of this section must support the follow-ing certification if the processes are to be excluded under the closed manufac-turing process and controlled waste manufacturing process exclusion. Per-sons desiring exclusion of a PCB-gen-erating process under the closed and controlled waste process exclusion shall certify that: < 1) An analysis of the manufacturing process for PCB levels and releases <either theoretical or through actual monitoring for PCBsl has been com-pleted. <2l The analysis of the manufactur-ing process is on record at the facility. <3> The concentration of PCBs in air emissions is below 10 micrograms per cubic meter per resolvable gas chroma-tographic peak; in water effluents. below 100 micrograms per liter per re-solvable gas chromatographic peak: and in products, below 2 micrograms Per gram per resolvable ga.s chromato-graphic peak. <4> Either: <il The concentration of PCBs in Process wastes is below 2 micrograms Per gram resolvable gas chromatogra-Phic peak. . Iii) All process wastes are either in' cinerated in a qualified incinerator ~see § 761.3<nn». landfilled in a land-Iii approved under § 761.75, or stored for such incirtcration or landfilling in accordance with the requirements or § 761.65< b >< ll. Cc J The certification must be signed by a responsible corporalP. officer. This certification must be filed at each facility in which a closed or controlled waste process is operating for a period or three years after a process ceases operation or for se\·en years, which-ever is shorter, and must be made available lo EPA upon request. For the purpose of this section. a responsi-ble corporate officer means: < l l A president. secretary. treasurer, or vice president of the corporation in charge of a principal business func-tion, or any other person who per-forms similar policy or decision-making functions for the corporation. <2> The manager of one or more manufacturing, production. or operat-ing facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25.000,000 <in second quarter 1980 dollars>. if au-thority to sign documents has been as-signed or delegalt>d to the manager in accordance with corporate procedures. <dl This certification process must be repeated whenever process condi-tions are significantly m':>dified lo make the previous certification no longer valid. Significant mc.difications include changing disposal mechanisms or facilities for the <iisposal of con-trolled wastes. <el Any person signing a document under paragraph <bl< lJ through (4l of this section shall also make the follow-ing certification: I certify under penalty of law that. this dol'ument and all attachments were pre-pared under my direction or supen·lsion in accordance with a systrm designed to assurt> that qualifit>d pt>rsonnel properly gather and e\·aluate int'ormation. Based on my in-quiry of thr p..rso1·, or Pl'rsons who ma1:age the system. or those pt•rsons directly re-sponsible for i:atherini: information. the in-formation is. to the bt>st of my knowlrdge and belil'f. tru<'. accuratt', and complete. I am aware that there are significant penal-lit>s for falsifying information. including llw possibility of fines and imprisonnwnt fur knowing \·iolations. Dal<•d: ----------. Signature----------. 565 § 762.1 <fl Manufacturers operating closed and controlled waste manufacturing processes shall transmit a letter to EPA notifying-EPA of: < l > The number. the type. and the location of the closed and controlled waste manufacturing processes. < 2 > Whether the determinations that the processes qualify for exclusion are based on theoretical assessments or on actual monitoring of PCB levels in re-leases. <3> The type, the name. and the lo-cation of the waste disposal facility, If the process is a controlled waste man-ufacturing process. 147 FR 46996. Oct. 21, 19821 PART 762-FULLY HALOGENATED CHLOROFLUOROALKANES Subpart A-General Provisions Sec. 762.l S<'ope. 762.3 D~finilions. Subpart 8-[ Reserved I Subpart C-Prohibition1, Exemptions, and Certilicotion Requiremenh 762.45 Manufacturing. 762.50 Processing. 762.55 Distribution in comn11~rce. 762.58 Essential use exemptions. 762.59 Special exemptions. Subpart D-Record, and Report, 762.60 General reporting requirements. 762.65 Manufacturers of fully halogenated chlorofluoroalkanes for aerosol propel-lant uses. 762.70 Processors of fully halogenated 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 !I 76:U Scope. This part prohibits the manufacture. processing, and distribution in com-merce of fully halogenated chloro• fluoroalkanes for those aerosol propel• !ant uses which are subject to the Toxic Substances Control Act <TSCA>, Title 40-Protedion of Environment requires submission of annual reports. and lists the exemptions to the prohi-bitions. 11762.3 Definitiom1. For the purposes of this part: (al The term "aerosol propellant" means a liquefied or compressed gas in a container where the purpose of the liquefied or compressed gas is to expel from the container liquid or solid ma-terial different from the aerosol pro-pellant. <b> The term "person" includes any natural person, corporation, firm, com• pany, Joint venture, partnership, sole proprietorship, association. or any other business entity, any State or po-litical sub-division thereof. any mu-nicipality, any interstate body and any department, agency. or instrumentali-ty of the Federal Government. <c> The term ··11onconsumer arlicle" means any article subject to TSCA which Is not a "consumer product" within the meaning of the Consumer Product Safety Act <CPSA>. 15 U.S.C. 2052. (dl The terms "Administrator," "chemical substance," "commerce." ·•distribute in commerce," "manufac-ture," "process," "processor," "State," and "United States" have the same meanings as in 15 U.S.C. 2602. Subpart B-[Reserved] Subpart C-Prohibitions, Exemptions, and Certification Requirements 11762.15 Manufacturing. <a> After October 15, 1978, no person may mi,\nufacture, except to import. any fully halogenated chlorofluoroal-· kane for any aerosol propellant use except as follows: < 1 > For use in an article which is a food, food additive. drug, cosmetic. or device exempted under 15 U.S.C. 2602; •or < 2> For those essential uses list rd in § 762.58. 'The Food and Drug Administration ha, promulgated ~eparate regulations on use of fully halogenated chlorofluoroalkanes in these articles at 21 CFR 2.125. -----566 - ----Chapter I-Environmental Prohtdlon Agency § 762.59 <3> For exempted uses listed In 1762.59. <b> After December 15. 1978. no person may import into the customs territory of the United States any fully halogenated chlorofluoroalkane, whether as a chemical substance or as a component of a mixture or article, for any aerosol propell;mt use except as follows: (1 > For use In an article which is a food, food additive, drug, cosmetic. or device exempted under 15 U.S.C. 2602; or (2) For those essentlal uses listed In 1762.118. <3> For exempted uses listed In I 762.59. (c) Every person manufacturing fully halogenated chlorofluoroalkanes for aerosol propellant uses after Octo-ber 15, 1978, must obtain a signed statement from every person purchas-ing the fully halogenated chlorofluor-oalkanes from him for any use. This statement must specify whether the fully halogenated chlorofluoroalkanes are being purchased: < 1 > For aerosol propellant uses permitted under either 40 CFR Part 762 or 21 CFR 2.125, or <2> for other uses. II 762.50 Procesainr. <a> After December 15, 1978, no person may process any fully haloge-nated chlorofluoroalkane Into any aerosol propellant article except as fol• lows: (1) For use In an article which Is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or <2> For those essential uses listed In 1762.58. <3> For exempted uses listed In 1762.59. (b) After December 15, 1978, no person may process any fully haloge-nated chlorofluoroal!••;,ne Into any aerosol propellant article intended for export except as follows: ( 1) For use in an article which Is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or (2) For those essential uses listed in 1762.58. <3> For exempted uses listed In 1762.59. !I 762.55 l>iMtribution in commerce. After December 15, 1978. no person may distribute In commerce any fully halogenated chlorofluoroalkane for processing into any aerosol propellant article except as follows: <a> For use in an article which is a food, food additive, drug, cosmetic, or device exempted under 15 U.S.C. 2602; or <b> For those essential uses listed In I 762.58. . <c> For exempted uses l!sted in 1762.59. I '782.58 E11entlal uae exemptions. The following aerosol propellant uses of fully halogenated chlorofluor-oalkanes are essential and exempt from H 762.45. 762.50 and 762.55: <a> Mercaptan stench warning de-vices. <b> Release agent for molds used in the production of plastic and elasto• meric materials. <c> Flying insect pesticides: (l> For use in nonresidential food handling areas, and (2) for space spraying of air• craft. <d> Diamond-grit spray. <e> Nonconsumer articles used as cleaner-solvents, lubricants, or coat-ings for electrical or electronic equip-ment. <f> Articles necessary for safe main• tenance and operation of aircraft. (g) Uses essential to the military pre-paredness of the United States as de• termlned by the Administrator and the Secretary of Defense. <h> Pharmaceutical rotary tablet press punch lubricants. (I) Automatic timed-release insecti-cide dispensing system for facilities in which tobacco is stored for thre~ or more years, for use from May 18, 1981 to December 31, 1981. <Sec. 6, 90 Stat. 2020; 05 U.S.C. 2605» (45 FR 43721. June 30, 1980, as amended at 46 FR 27122. May 18, 1981; 47 FR 149, 150, Jan. 5, 1982] § 762.59 Special exemptions. <a> Inkless fingerprinting systems until August 1, 1981. <b> Exemption for producers of pyre-thrin pesticide formulations. !'\R7 -- - - ------ I I I I I I I I I I I I I I I I I I I I APPENDIX H PCB Risk Assessment The risk associated with PCB contaminated equipment will vary greatly with a number of factors such as location, condition, potential hazards to the environment (adjacent to water-way), etc. , The U.S. Navy developed the following Risk Factor Schedule for the PCB Compliance, Assessment and Spill Control Guide NE S) 20.2 -028 Navy Environmental Support Office, Port Hueneme, California. Note: The risk factor must be determined for each PCB unit and will assign a numerical rating to the PCB contamination risk of the existing installation. Points . Assessed Risk Factor (O) ( 1) (2) ( 3) (0) ( 1) ( 2) (1) (2) (3) ( 1) (2) (15) (20) ( 1) (2) ( 3) (4) (5) (6) ( 7) (8) (135) 1. iransfor~er Tyre Non-PC3 filled (determined by analysis) PCB Contam inated Liquid (determined by analysis or name plate ) PCB Filled (Determined from nameplate or by analysis) Contents Uni<nown 2. Labelino No label required (Non-PCB) Properly labeled Requires label but not present 3. Quantity Fluid level on transformer register full 3/4 fu 11 Less than ha1f full PCB dielectric fluid in transformer: Less than 10 gallons More t han 10 but less than 100 gallons More than lOO but less than 500 gallons More than 500 b~t less than i,COO ga1lcns 4. Location Located in isolated area Located in open area occassionally visited or used by people Located outdoors in Transformer Vault Outdoors on Pad Outdoors in undergrour.d vault Outdoors on pole _In vault in occupied building In basement of occupied building On upper floor inside building or en roof a. If entire content of the transforrner were to spil i , fiuid would: ( 1 ) (2) ( 105) (120) (150) (180) Be contained or confined Contaminate pad and exterior of transformer only Contaminate nearby soil, gr5ve1, or other materials Contaminate occupied ~reas Contaminate water drains, ditches, sewer, etc. Contaminate bodies of water located nearby, and migration of fluid would cause extensive cbntamination I I I I I I I I I I I I I I I I I I I I ' I I I I I I I I I I .1 I I I I I I I b. Susceptability to Damage: ( 1) ( 2) ( 3) ( 4) Not susceptible to damage Moderate; unit has some protection (ie., fence or curb) renaway vehicles could cause damage unit is fenced or has l i ght-we i ght ~uar d po sts, b~t machinery an d/or veh icles operatej close by . Unit is not protected at all and vehicles and /or ~achinery O?erated very close by. Unit is accessible to non-authorized personnel. C. Transfor~er vent system: ( 1) ( 2) ( 3) (0) ( 1) (300) (300) (400) (500) (O) ( 1) ( 2) (3) (4) ( 5) (6) (O) Vents outs i de in area away from windows, air intakes, people, food, water Vents outside, near windows, air intakes, people, food, water (high probability for contarni-nation) Transformer vents to inside of building where people are located 5. Condition Transformer not leaking No active leak, however, old stains visible on casing or pad New small stains noted, main1y, around bushings or gaskets Moderate act i ve leak requiring control by drip pan or other means Large leak needs immediate repairs Active spill contaminating transformer pad and surrounding area Transformer pad has no drain, cracks or open spaces around condu i ts or ground wire Pad has drain, no cracks Pad has drain, cracks and open spaces around conduits or ground wire Metal pl ates present on pad where leaking PCB's would be difficult to remove Transformer located in pourous concrete block or wood buildina Transformer located on wooden floor or pad Transformer in below ground vault with sump-pump which could become contaminated with PCo's Area around transformer clean, neat, clear of trash, extraneous eq~ipme nt and materiais present Fire suppression equipment readily available Tools and machinery nearby where damage could occur to transformer ( 3) (1) ( 2) (100) (105) (i25) Area surroundina transformer contains trash, or is used to store t;ols or equipment which could darnaae transformer, and/or no fire suppression equipment- available Transformer and pad or vault has dike or curb to contain spill material Dike or curb deteriorated or damaged No spill c~ntair.ment (dike or curb): transformer located over or near water or food-handling areas Dike or curb insufficient to contain at least 10 percent material if spill occurs No spill containment; transformer located in occupied building Total Points I I I I I I I I I I I I I I I I I I l I I I I I I I I I I II I Risk Evaluation Af:er the on site inspection has beer. co~ole:ed ar.d the Nav; Risk Factor Schedule has been fille~ out, the fellowing classifications will assist you 1n making a determination for action: a. 300 and above -extremely hazardous -transformer requ1res immediate major correc tive action. t. 200 to 299 c-. 100 to 199 d. 0 to 99 -potential hazard -requires minor repairs. -ooor -requires mainly spill containment, brim, dike, EPA regulations for continued use, etc. -good -requires annual inspection and normal maintenance. Fac ili t y ----------------------------- 1\ d dre ss ------------------------------ 1 ran s former Identification -------------------- Tran sfo rmer Location ----------------------- Transformer Manufacturer KVA Pha se ------ Se rial No. ____ Cl as s _____ Type _____ Voltage ____ _ Fluid Vo lume ___ /gallons Fluid Type _____ Fluid Weight ____ _ Transformer Total Weight ____ Length _____ Width ___ Weight __ Bottom Valve_ P/V Gauge __ Temp. Gauge __ Level Gauge ____ _ Top Valve Bushing s Top Pressure Release Side Throat Tap Changer Top Side Transition Compartment Bushings Gasketed Welded Membrane ------ ------------------- Top Welded Bolted _____ Inspection Cover _____ _ Fans Yes No ----'------ Comments: Good Poor Automatic Control Yes No NUMERICAL RISK EVALUATION Potent i c11 Hazard Extremely Hazardous .1 I I I I .1 I I I ·1 I I I I I I ·1 I I