NCD980602163_19960326_Warren County PCB Landfill_SERB C_RFP - PBD Pilot Scale Projects-OCR

SENT BY:ETG ENVIRONMENTAL, INC: 3-26-96 3:27PM BLUE BELL, PA➔ Pu..+ w -,1 :#,
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ETG Providing creative environment.2ll solutions
Environmental, Inc.
r Facsimile CiJverS'heet . , II .. ·11
CompanyName: NctJf-ffA4(_
Fax#: '1 /y .. 70 -]bOf Phone#:
# of Pages (Including Cover) 3
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Fax Status
□ Urgent-Deliver Without Delay D Regular
If you have any problems with this transmission, please contact -------
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1:IU Providing creative environmental solutions
linvlronmental, Inc.
March 25, 1996
Mr. William L. Meyer
Director, Division of Solid Waste Management
North Carolina Dept. Of Environment, Health and Natural Resources
Post Office Box 27687
Raleigh, NC 27611-7687
Subject: Warren County Project -PCB Landfill
Dear Mr. Meyer:
ETG Environmental, Inc. (ETG) is pleased to provide this budgetary proposal to perfonn a
pilot sale demonstration of ETG's Therm-0-Detox1l / Base Catalyzed Decomposition (BCD)
technology at the Warren County. NC site.
Scope of Work by ETG (Ba,e Bid):
1. Provide equipment and trained personnel to perform a pilot scale demonstration
of the Therm-0-Detox / BCD process at Warren County.
2. Submit and procure an R & D TSCA permit to perform the demonstration.
3. Provide community relations support to NCDEHNR. Two trips for two people
for two days are included.
4. Provide a comprehensive report on the demonstration. Report plus one revision
is included.
The estimated cost for the base bid items is $187,000.00
Other Scope of Work Items by ETG:
l. Provide all utilities including generators for power, and water. Estimated
cost: $20,200 .00
2. Prepare site specific health and safety plans, work plans, and QA/QC plans
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SENT BY:ETG ENVIRONMENTAL, INC; 3-26-96 3:28PM BLUE BELL, PA➔
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necessary to perform the demonstration. Plan preparation plus one revision is
included. Estimated cost: $44,800.00
3. Provide analytical services for treated and untreated soil and treated and untreated
condensate. Analyticals include method 8290 for dioxins/furans. Estimated cost:
$55,400.00
4. Provide process stack air testing to generate air emissions data. Includes dioxin
air analysis. Estimated cost: $6S,600,00
. S. Site preparation including trailers, processing pad construction, and fuel storage
area construction. Estimated cost: $12,000.00
Total estimated cost for the other items: . $198,000.00
$385,000.00 Total estimated cost for all items:
The following assumptions have been made in preparation of this estimate:
1. Access to the site and .processing area required for mobilization of equipment will .
be provided by others.
2. All residuals from processing will remain on-site.
3. One representative 55 gallon drum of wet soil, and one representative 55 gallon
of dry soil will be provided to ETG by others.
Thank you for the opportunity to submit this estimated cost to you. Please call me at your
convenience should you have any questions.
Very Truly Yours,
G. Steven Detwiler
Director -Market Development
GSD/mls
ETG
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NAMES AND ADDRESSES OF VENDORS FOR RFP/CONTRACT FOR
BIOREMEDIATION OF PCB LANDFILL
Mitchell, Alicia
IT Cooperation
3710 University Drive
Suite 201)
Durham, NC 27707
Phone# [phone]
Fax# [phone]
Hutton, Joe
Soil Tech
800 Canonie Drive
Porter, IN 46304 a, er -9d-l:>-<tCo5 t
Steven C. Lewis
Aquaterra
PO Box 37579
Raleigh, NC 27627-7579
Phone# [phone]
Fax# [phone]
Barbee, Thomas
Groundwater Technology Inc
1000 Perimeter Park Dr
Suite I)
3107 South Elm Eugene St
Morrisville, NC 27560
Phone# [phone]
Fax# [phone]
Noles, Jim
Four Seasons Env, Inc
3107 South Elm Eugene St
Greensboro, NC 27406
Phone# [phone]
Loren Martin
ETG Environmental
660 Sentry Parkway
Blue Bell, Pa 19422
Phone# [phone]
Fax# [phone]
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\· (WHILE YOU WERE-OUT) ':L2'-"--,X ex DA . E_Q Tl~ PHONED 0 F .....__ :IC)>, ,)(, \ .llA.....::'I', I j RETURNED I / YOUR CALL PLEll.SE CALL WILL CALL AGAIN CAME TO SEE YOU WANTS TO Sff YOLJ FORM 4008
Pt.h ~ /& ~-
DATE: 9/;3) 9 5
SUBJECT: //C6 -"2FP
'To 1u ~ I flb.{ft >1 s
-b 11·J_J,~') tu tto I tJ~
-~t~
From: ______ _
,
North Carolina Department of Environment,
Health, and ' Natural Resources @ PrintedonRe~ledPaper
• ·• * * * I -i I :I: i :0:: -< ,E I
State of Nurlh C-::or0 lirh 1
Deµrnt1n8r1t o t Lr1vir o 1111 1ent,
Health and Nuturul R1;.;:-iuurces
Division of Sulid Was1e Mui 1uyement
James B. Hunt, Jr ., Governor
Jonathan B. Howes, Secmk.uy
William L. Meyer, Director
Shelly Fearn
Director, Warren County Library
117 South Main Slreet
Warrenton, NC 27589
Dear Ms. Fearn:
September 13, 1995
Jll,, .... h_
DEHNR
The Warren County Working Group for the Joint Warren County/State PCB Working Group has
requested you maintain a copy of 1he attached RFP and make it available for public use.
If you have questions, please contact me at [phone], ext. 324.
Sincerely,
~----...... ..._ '
( \ ~>--_(>-....·,~ • k '_)l,\_)u"'"t,.\.._J
Dianna Turner
Administrative Secretary
Division of Solid Waste Management
P.O. Box 27687. l~ul1:1i~h . North Cu1olina 27611-7687 TE,lephone 919-733-4996 FAX [phone]
An E4uol 0µµ01iu111ly Af11111\0l1vu A ... l1u11 l:mµloyer W'l. rec.ye.led/ Hfl. post-consumer µaper
... J
State of North r, oro li rh J
Departmtjr 1t of Enviru11111ent,
Health and Notural l<~'.io urces
Division of Sulid Waste Mui ,1....10ement N ..... ~ ......
James B. Hunt, Jr., Governor
Jonathan B. Howes , Secrel1....11y
William L. Meye r, Direc tor
DEHNR
Congresswoman Eva Clayton
134 North Main Street
Warrenton, NC 27589
Dear Congresswoman Clayton:
September 13, 1995
Attached is a copy of the RFP for the Warren County BCD Pilot Scale Study. This copy is for
your perusal and to keep you aware of the status of things.
If you have any questions, please don't hesitate to contact me at [phone], ext. 324.
Sincerely,
c·--\ -_, ~"'
-\·--J__).._()J ''S 'I; J.A____ , -"-j___ . -) \._,\)\J nJl..'U
Dianna L. Turner
Administrative Secretary
Division of SoliJ Waste Management
P.O. Box 27687, Raleil,Jh, North Cu1ulina 27611-7687 folEiphone 919-733-4996 FAX [phone]
An Equal Opµurtu111ty Altumalivu Acliun E.mployor blN, rec ycled/ I O'l. post-consumer paper
State of N l >r ti 1 Cm u li1 i• J
uepor1nk:ril ut Er 1vi1u111nen t,
Healtl, and Nuturul l<v~ou, ces
Division of Su l1u Woslu tvki, 1ugement
James B. Hunt, Jr .. Governor
Jonathan B. Howe s, S0c1t::lory
William L. Meyer, Directo,
September 13, 1995
Alfreda Jordan Webb
Warren County Manager
109 South Hall Stret:t
Warrenton, NC 27589
Dear Ms. Webb:
Attached is a copy of the RFP fc.,r the Warren County BCD Pilot Scale Study. This copy is for
your perusal and to keep you aware of the status of things.
If you have any questions, please don't hesitate to contact me at [phone], ext. 324.
Sincerely,
\'1.>-.() .. h~ d -,. 0 l,Vv-.'--L,1._.,,
Dianna L. Turner
Administrative Secretary
Division of Solid Waste Management
P.O. Box 27687, r~uleigh. Norlil C..u,0l1ria 276 11-7687 Teitiµhone 919-733-4996 FAX [phone]
An Equul Oµµurlur,1ty Arfo111ullvu A1...l1vr1 l111µloyur t,ui, r,;c:yc led/ HJ% post-consumer paper
, State of Norih Coroli110
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 13, 1995
Alfreda Jordan Webb
Warren County Manager
109 South Hall Street
Warrenton, NC 27589
Dear Ms. Webb :
Attached is a copy of the RFP for the Warren County BCD Pilot Scale Study. This copy is for
your perusal and to keep you aware of the status of things.
If you have any questions, please don't hesitate to contact me at [phone], ext. 324.
Sincerely,
c~~ ,:f ,. 0 Wv~~-\_./
Dianna L. Turner
Administrative Secretary
Division of Solid Waste Management
P.O. Box 27687, Raleigh. North Crnolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
.. State of North Carolino
Department of Environrnent,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 13, 1995
l\ ♦ •• ~-----,: n a ., .. ____ .._
DEHNR
Congresswoman Eva Clayton
134 North Main Street
Warrenton, NC 27589
Dear Congresswoman Clayton:
Attached is a copy of the RFP for the Warren County BCD Pilot Scale Study. This copy is for
your perusal and to keep you aware of the status cif things.
If you have any questions, please don't hesitate to contact me at [phone], ext. 324.
Sincerely,
C~.'<'S'\""1).___ ,-i . -:--) \ ... \J\.h--&-~
Dianna L. Turner
Administrative Secretary
Division of Solid Waste Management
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmolive Acti on Employer 50% recycled/ l 0% p ost-consumer paper
State of North Carolino
Department of Environment,
Health and Natural Re sources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
l\ ••• •-=--," ...... -....
Shelly Fearn
Director, Warren County Library
117 South Main Street
Warrenton, NC 27589
Dear Ms. Fearn:
DEHNR
September 13, 1995
The Warren County Working Group for the Joint Warren County/State PCB Working Group has
requested you maintain a copy of the attached RFP and make it available for public use.
If you have questions, please contact me at [phone], ext. 324.
Sincerely,
ew.,~ ''---··, -R 'c_ J Q v 'n_.lL)
Dianna Turner
Administrative Secretary
Division of Solid Waste Management
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative, Action Employe r 50% recycled/ 10% p ost-c onsumer paper
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NAMES AND ADDRESSES OF VENDORS FOR RFP/CONTRACT FOR
BIOREMEDIATION OF PCB LANDFILL
Mitchell, Alicia
IT Cooperation
3710 University Drive
Suite 201)
Durham, NC 27707
Phone# [phone]
Fax# [phone]
Hutton, Joe
Soil Tech
800 Canonie Drive
Porter, IN 46304
a 1'1 -9d-Ct,-1l:,5 I
Steven C. Lewis
Aquaterra
PO Box 37579
Raleigh, NC 27627-7579
Phone# [phone]
Fax# [phone]
Barbee, Thomas
Groundwater Technology Inc
1000 Perimeter Park Dr
Suite I)
3107 South Elm Eugene St
Morrisville, NC 27560
Phone# ( 919 ) 4 6 7 -

2

2

2

7

Fax# [phone]
Noles, Jim
Four Seasons Env, Inc
3107 South Elm Eugene St
Greensboro, NC 27406
Phone# [phone]
Loren Martin
ETG Environmental
660 Sentry Parkway
Blue Bell, Pa 19422
Phone # ( 61 O ) 8 3 2 -O 7 O O
Fax # ( 610 ) 8 2 8 -

6

9

7

6

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 11, 1995
TO:
FROM:
Jim No les
Four Seasons Environme ntal, Inc.
3107 South Elm Euge n e St reet
Greensboro, N.C . 27406
William Meyer -~
Direc tor
Solid Waste Division
SUBJECT: Addendum -Request For Proposal f o r BCD Pilo t Scale
Study
Enclosed please find an a addendum to the Request For Proposal (RFP) fo r the BCD Pilot Scale
Study you should have received on September 6, 1995.
Contract Signature page (Addendum 1) -Please add to the contract
Contract -Detailing items I 5 through 23 (addendum 2) -please note th at item number 23 has
been changed.
P.O. Box 27687, Roleigh, North Corolinn 276 l l 7687 Telr'I 1hon0 ·-;,I '; 733 ,19?6 F/\X 919-71 5--3605
An Equal Opportunity Affirmative Action Employer 50% recyclerl/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 11, 1995
TO: Alicia Mitchell
IT Corporation
FROM:
3710 University Drive
Suite 201
Durham, NC 27707
W~lliam Meyer~
Director
Solid Waste Division
N A
DEHNR
SUBJECT: Addendum -Request For Proposal f o r BCD Pilot Scale
Study
Enclosed please find an a addendum to the Request For Proposal (RFP) for the BCD Pilot Scale
Study you should have received on September 6, 1995.
Contract Signature page (Addendum 1) -Please add to the contract
Contract -Detailing items 15 through 23 (addendum 2) -please note that item number 23 has
been changed.
P.O. Box 27687 , Raleigh, North Carolina 276 11 -7687 Telephone 919-733-'1996 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recyclP.rl/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 11, 1995
TO: Joe Hutton
Soil Tech
800 Canonie Drive
Porter, IN 46304
FROM: William Meyer~
Director
Solid Waste Division
NA
DEHNR
SUBJECT: Addendum -Request For Proposal f or BCD Pilot Scale
Study
Enclosed please find an a addendum to the Request For Proposa l (RFP) for the BCD Pilot Scale
Study you should have received on September 6, 1995.
Contract Signature page (Addendum 1) -Please add to the contract
Contract -Detailing items 15 through 23 (addendum 2) -please note that item number 23 has
been changed.
P.O. Box 27687. RnlE>igh, North Carolina 2761 1-7687 Telephone 91() 733-4996 FAX 919-71~3605
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 11, 1995
TO:
FROM :
Thomas Barbee
Groundwater Technology Inc
1000 Perimeter Park Dr
Suite I
Morrisville, NC 27560
William Meyer~
Director
Solid Waste Divi sion
N A
DEHNR
SUBJECT: Addendum -Request For Proposal f o r BCD Pilot Scale
Study
Enclosed please find an a addendum to the Request For Proposal (RFP) for the BCD Pilot Scale
Study you should have received on September 6, 1995.
Contract Signature page (Addendum 1) -Please add to the contract
Contract -Detailing items 15 through 23 (addendum 2) -please note that item number 23 has
been changed.
P.O. Box 27687. RolAigh, North Carolina ?.7611 -7687 TelephonA 919-H'.\-4996 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycle d/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
September 11, 1995
TO: Steven C. Lewis
Aquaterra
P.O. Box 37579
Raleigh, N.C. 27627-7579
FROM: William Meyerµ
Director
Solid Waste Division
NA
DEHNR
SUBJECT: Addendum -Request For Proposal f o r BCD Pilot Scale
Study
Enclosed please find an a addendum to the Request For Proposal (RFP) for the BCD Pilot Scale
Study you should have received on September 6, 1995.
Contract Signature page (Addendum 1) -Please add to the contract
Contract -Detailing items 15 through 23 (addendum 2) -please note th at item number 23 has
been changed.
P.O . Box 27687. Rn leigh, North Corolina 276 11 -7687 Telephone 01<;> 731-4996 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% rec ycled/ l 0% post-consumer paper
PROPOSAL NO. _____ _ Issue Date:
. I
NC DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES
DIVISION OF GENERAL SERVICES
Request for Proposal
for
Closing Date: _______ _
Send all proposals directly to:
(if using U.S. Postal Service)
(if proposal is transmitted by
a courier service such as UPS,
Federal Express, etc. send to)
_Time: __ _
NC Department of Environment
Health and Natural Resources
Division of General Services
Post Office Box 27687
Raleigh, N. C. 27611-7687
Attn: Doris E. Strickland
NC Department of Environment
Health and Natural Resources
Division of General Services
225 N. McDowell Sl, Room 6013
Raleigh, N. C. 27603
Attn: Doris E. Strickland
Please note the proposal number and closing date on the bottom left hand
comer of your return envelope.
.I
PARTI
SOLICITATION INSTRUCTIONS
1.1 This request for proposals (hereinafter referred to as ("RFP") solicits
proposals for con~ctual services pursuant to Section 1 NCAC SD.0300-
.0509 of North Carolina Administrative Code.
Mark outside of return envelopes: Reply to _____ _
1.2 Using Agency
The services solicited herein shall be performed for: the Division of
Solid Waste Management • Department of Environment, Health, and
Natural Resources
1.3 Issuing Agency
Department of Environment, Health, and Natural Resources
Division of General Services ·
225 N. McDowell Street
P .0. Box 27687
Raleigh, North Carolina 27611-7687
(hereinafter referred to as DEHNR)
Attention: Doris E. Strickland
Telephone: [phone]
1.4 Copies of this request for proposals will be distributed only by mail or they
can be obtained in person from Room 6013, Cooper Building, 225 N.
McDowell St., Raleigh, NC 27603.
1.5 Sealed proposals subject to the terms and conditions made a part hereof will
be received at the address specified in 1.3 until p.m. _MONTH DAY
YEAR -·
1.6 Refer technical inquiries to:
William L. Meyer
Division of Solid Waste Management
401 Oberlin Road
Suite 150
Raleigh, NC 27605
[phone]
2 of 9
successful offeror as provided by law without expense to the State . In case
of default by the contractor, the State may procure the services from other
sources and hold the Contractor responsible for any excess cost
occasioned thereby.
1.1 O Pricing : If either a unit price or an extended price is obviously in error and
the other is obviously correct, the incorrect price will be disregarded . The
right is reserved to accept other than the lowest priced proposal as r,1ay be
determined to serve the best interest of the State Agency .
1.11 Specifications: Any deviation from specifications indicated herein must be
clearly pointed out; otherwise, it will be considered that the proposal offered
is in strict compliance with these specifications, and the successful offerer
will be held responsible therefor. Deviations must be explained in detail on
an attached sheet(s).
1.12 Exceptions: All proposals are subject to the terms and conditions outlined
herein. All responses will be controlled by such terms and cond itions and
the submission of other terms and conditions and/or other documents as
part of an offerer's response will be wa ived and have no effect either on
this Request for Proposals or on any contract that may be awarded
resulting from this solicitation. The attachment of other terms and
conditions by an offerer may be grounds for rejection of that offerer's
proposal.
1.13 Award : All qualified Proposals will be evaluated and acceptance made on
the Proposal judged by the Contracting Agency to constitute the best value
offered for the purpose intended. Evaluation will be based on the offerers
qualifications, experience, similar related experience, past performance,
financial standing, labor supply, hours offered, references , cost and overall
demonstrated ability to perform the service required . The Contracting
Agency reserves the right to contract with more than one offerer to provide
the services described herein.
1.14 No Bid/Offer: Unless a response , in the form of either a proposal or a
written decline to offer a proposal , is received , offerer's name may be
removed from the applicable mailing list.
1.15 Cost for Proposal Preparation : The State will not reimburse offerers for
costs incurred in the preparation and submission of a proposal.
1.16 Offerer's Representative for Business Purpose: The name, mailing
address, and telephone number of the offerer's authorized agent with
authority to bind the firm and answer official questions concerning the
offerer's proposal must be clearly stated .
1.17 Time for Consideration: Preference may be given to proposals allowing not
less than 30 days for consideration and acceptance .
1.18 Telegraphic Offers: Telegraphic, telecopy and facsimile offers will not be
considered; however, offers may be modified by such means, providing
such notice is received prior to the date and time of bid opening above
specified, and provided a signed original follows .
1.19 Any explanation desired by an offerer regard ing the meaning or
interpretation of the RFP, attachments , specifications , etc . must be
requested in writing and with sufficient time allowed for a reply tc reach
offerors before the submission of the ir offer. Oral explanation of
instructions given before the award of the contract will not be binding . Any
information given to a prospective offerer concerning the RFP will be
furnished to all prospective offerers as an amendment to RFP , if such
information is necessary to offerers in submitting offers on the RFP or if the
lack of such information would be prejudicial to uninformed offerers.
1.19.1 Acknowledgement of Amendments to RFP : Rece ipt by an
offeror of an amendment to this RFP must be acknowledged
by including a copy of the amendment with offerer's proposal.
1.20 The successful offerer shall provide adequate facilities , labor, equipment,
services, supervision and lay days to meet all conditions of the contract
specifications.
1.21 Liability: The successful offerer ~hall assume liability for damage or loss
resulting from the wrongful act(s) and/or negligence of its employees while
engaged in the performance of the contract. The contractor or its insure r
shall reimburse the Contracting Agency for any such damage or loss within
30 days after a claim is submitted.
1.22 Insurance: The successful offerer shall at its sole cost and expense
procure and maintain in full force and effect during the term of the contract
from an insurance company duly authorized to do business In North
Carolina, insurance as appropriate for the conduct of the contract:
1.22.1
1.22.2
1.22.3
1.22.4
Worker's Compensation Insurance covering all of contractor's
employees who are engaged in any work under the contract.
Public Liability Insurance in the amount of $300 ,000.00 and
Property Damage Insurance in the amount of $100,000 .00 .
Automobile bodily injury and property damage liability
insurance when the services to be performed requ ire the use
of motor vehicles.
Fidelity bonding (Honesty Bonding )
Contractor shall furnish the State a certificate evidencing required insurance
coverage prior to commencing work. All certificates of insurance shall
provide that the insurance company will give customers fifteen (15) days
written notice prior to cancellation or any change in stated coverage of any
such insurance. All insurance shall remain in effect for the duration of the
contract.
Failure to provide current Certificates of Insurance to the Contracting
Agency as required, during the term of this contract will be considered
default and the contract may be cancelled.
1.23 Laws: The contractor shall comply with laws , ordinances, codes, ruIes and
regulations bearing on the conduct of the work including Federal, State and
local agencies having jurisdiction. This shall include, but not be limited to ,
minimum wages, labor and equal employment opportunity laws .
1.24 Each offerer is cautioned that the State is not obligated to ask for or accept,
after the closing date for the receipt of proposals , data which is essential for
a complete and thorough evaluation of the proposals. The State of North
Carolina may award a contract based ori initial offers received without
discussion of such offers . Accordingly, each initial offer should be
submitted on the most favorable and complete price and technical terms
which the offerer can submit to the State .
1.25 The State reserves the right to accept or reject any and all proposals; to
waive any informality in proposals; and , unless otherwise specified by the
offerer, to accept any item in any proposal .
1.26 Confidentiality: In submitting its proposal the offerer agrees not to discuss
or otherwise reveal the contents of the proposal to any source outside of
the using or issuing agency, government or private , until after the award of
the contract. Offerers not in compliance with this provision may be
disqualified, at the option of the State, from contract award . Only
discussions authorized by the issuing agency are exempt from th is
provision.
1.27 Proprietary Information: All proposals , after the award of the contract, will
be open for public inspection. Trade secrets or similar proprietary data
which the offerer does not wish disclosed to other than personnel involved
in the evaluation or contract administration will be kept confidential to the
extent permitted by NCAC T01 :058.1501 and G.S . 132-1 .2. Each page
shall be identified in boldface at the top and bottom as "CONFIDENTIAL".
Any section of the proposal which is to remain confidential shall also be
marked in boldface on the title page of that section. Cost information and
certain other information essential to the evaluation of the proposal may not
be deemed confidential.
1.28 Advertising : In submitting its proposal, the offerer agrees not to use the
results therefrom as a part of any news release or commercial advertising
without prior written approval of the Division of Purchase and Contract and
the using agency.
/l-l)J!-/Vl>v,,.,, :' /Jl..q.Jtc~ 9~/A.s-~11t~\', #Z.3 ~""'~~ Si&NArDAL' ~~ ✓oaAI,~~
DEPARTMENT from all claims, demands, liabilities and suits of any nature whatsoever to the
extent they arise out of, because of, or due to the negligent or wrongful act or omission by the
CONTRACTOR, its agents or employees.
15. The DEPARTMENT may, from time to time, request changes in the scope of the
services of the CONTRACTOR to be performed under this agreement. Such changes, including
any increase or decrease in the amount of the CONTRACTOR'S compensation, which are
mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be
incorporated--iti written amendments to this contract.
'• .
. '\
16. Any information, data, instruments, documents studies or reports given to or
prepared or assembled by the CONTRACTO~ under this agreement shall be kept as confidential
and not divulged or made available to any individual or organization without the prior written
approval of the DEPARTMENT. /
17. The filing of a petitioryin bankruptcy or insolvency by or against the
CONTRACTOR shall terminate this agreement.
/
18. The CONTRAC/oR shall not assign or transfer any interest in this agreement.
I I
19. No reports, maps or other documents produced in whole or in part under this
agreement shall be the subject of an application for copyright by or on behalf of the
CONTRACTOR.
I
20. It is ~~reed between the partfos hereto that the place of this contract, its situs and
forum, shall be Wake County, North Carolina~,and in said County and State shall all matters,
whether sounding in contract or tort relating to t l).e validity, construction, interpretation and
enforcement ofthis agreement, be determined. \
21. The CONTRACTOR agrees that the STATE may have the right to audit the
records of the CONTRACTOR pertaining to this contract both during performance and for 36
months after completion or termination. The CONTRACTOR must retain all records relating to
this contract and allow employees or agents of the D EP AR TMENT to inspect such records
during the period of time set out herein.
22. The CONTRACTOR agrees that he shall be responsible for the proper custody
and care of any ST ATE owned property furnished him for use in connection with the
performance of his_<?,.Q.l!f act and will reimburse the State for its loss or damage.
~;cccd tv/ 0/'n. I. /;·'2r j/~/---·
2 . William Jeter is signated as the Contract Administrator (proJect coordinator) for
the State. anges in the scope of the contract which will increase or decrease the
CONTRACTOR'S compensation shall not be effective until they have been approved by the
DEPARTMENT Head or Authorized Agent.
DEPARTMENT from all claims, demands, liabilities and suits of any nature whatsoever to the
extent they arise out of, because of, or due to the negligent or wrongful act or omission by the
CONTRACTOR, its agents or employees.
15. The DEPARTMENT may, from time to time, request changes in the scope of the
services of the CONTRACTOR to be performed under this agreement. Such changes, including
any increase or decrease in the amount of the CONTRACTOR'S compensation, which are
mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be
incorporated in written amendments to this contract.
16. Any information, data, instruments, documents studies or reports given to or
prepared or assembled by the CONTRACTOR under this agreement shall be kept as confidential
and not divulged or made available to any individual or organization without the prior written
approval of the DEPARTMENT.
17. The filing of a petition in bankruptcy or insolvency by or against the
CONTRACTOR shall terminate this agreement.
18. The CONTRACTOR shall not assign or transfer any interest in this agreement.
19. No reports, maps or other documents produced in whole or in part under this
agreement shall be the subject of an application for copyright by or on behalf of the
CONTRACTOR.
20. It is agreed between the parties hereto that the place of this contract, its situs and
forum, shall be Wake County, North Carolina, and in said County and State shall all matters,
whether sounding in contract or tort relating to the validity, construction, interpretation and
enforcement of this agreement, be determined.
21. The CONTRACTOR agrees that the STATE may have the right to audit the
records of the CONTRACTOR pertaining to this contract both during performance and for 36
months after completion or termination. The CONTRACTOR must retain all records relating to
this contract and allow employees or agents of the DEPARTMENT to inspect such records
during the period of time set out herein.
22. The CONTRACTOR agrees that he shall be responsible for the proper custody
and care of any ST ATE owned property furnished him for use in connection with the
performance of his contract and will reimburse the State for its loss or damage.
23. William L. Meyer is designated as the Contract Administrator (project
coordinator) for the State. However, any changes in the scope of the contract which will increase
or decrease the CONTRACTOR'S compensation shall not be effective until they have been
approved by the DEPARTMENT Head or Authorized Agent.
MEMO
TO:~ t~ SUBJECT: ___ _
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Post-it'" Fax Note 7671
Phone#
....
'
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
Thomas Barbee
Groundwater Technology, Inc.
1000 Perimeter Park Drive, Suite I
Morrisville, NC 127560
Dear Mr. Barbee:
September 1, 1995
Rft
DEHNR
Enclosed is a Request for Proposal (RFP) for base catalyzed dechl orination (BCD) on the Warren
County Landfill.
A pre-proposal conference is scheduled for 8:30 am on Wednesday , September 20, 1995 in the
large conference room at 401 Oberlin Road, Suite 150, Raleigh, NC 27605. A trip to the landfill
will follow the meeting. It is mandatory that you attend this pre-proposal conference to be
eligible for contracting. Response to the proposal is required by October 4, 1995 unless an
alternate date is negotiated during the pre-proposal conference.
If you need additional assistance, please contact Bill Meyer at (91 9) 733-4996, ext. 202.
Sincerely,
«J~ cf~_,_,'--
William L. Meyer
Director
Division of Solid Waste Management
P.O. Box 27687 , Raleigh, North Carolina 27611 -7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycl,,d/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr ., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
Joe Hutton
Soil Tech
800 Canonie Drive
Porter, IN 46304
Dear Mr. Hutton:
September 1, 1995
NA
DEHNR
Enclosed is a Request for Proposal (RFP) for base catalyzed dechlorination (BCD) on the Warren
County Landfill.
A pre-proposal conference is scheduled for 8:30 am on Wednesday, September 20, 1995 in the
large conference room at 401 Oberlin Road, Suite 150, Raleigh, NC 27605. A trip to the landfill
will follow the meeting. It is mandatory that you attend this pre-proposal conference to be
eligible for contracting. Response to the proposal is required by October 4, 1995 unless an
alternate date is negotiated during the pre-proposal conference.
If you need additional assistance, please contact Bill Meyer at [phone], ext. 202.
Sincerely,
~ cl~~
William L. Meyer
Director
Division of Solid Waste Management
P.O. Box 27687. Raleigh. North Carolina 27611 -7687 Tel0phor11:-01'~ 733-4?96 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recyclerl/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr ., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
Alicia Mitchell
IT Corporation
3710 University Dr, Suite 201
Durham, NC 27707
Dear Ms. Mitchell:
September 1, 1995
RA DEHNR
Enclosed is a Request for Proposal (RFP) for base catalyzed dechlorination (BCD) on the Warren
County Landfill.
A pre-proposal conference is scheduled for 8:30 am on Wednesday, September 20, 1995 in the
large conference room at 401 Oberlin Road, Suite 150, Raleigh, NC 27605. A trip to the landfill
will follow the meeting. It is mandatory that you attend this pre-proposal conference to be
eligible for contracting. Response to the proposal is required by October 4, 1995 unless an
alternate date is negotiated during the pre-proposal conference.
If you need additional assistance, please contact Bill Meyer at [phone], ext. 202.
Sincerely,
dJ~ &-~,£'-.;
William L. Meyer
Director
Division of Solid Waste Management
P.O. Box 27687 . RClleigh. North Carolino 27611 -7087 Telephor1P 019-7.13-.:1996 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
Steven C. Lewis
Aquaterra
PO Box 37579
Raleigh, NC 27627-7579
Dear Mr. Lewis:
September I, 1995
NA
DEHNR.
Enclosed is a Request for Proposal (RFP) for base catalyzed dechlorination (BCD) on the Warren
County Landfill.
A pre-proposal conference is scheduled for 8:30 am on Wednesday, September 20, 1995 in the
large conference room at 401 Oberlin Road, Suite 150, Raleigh, NC 27605. A trip to the landfill
will follow the meeting. It is mandatory that you attend this pre-proposal conference to be
eligible for contracting. Response to the proposal is required by October 4, 1995 unless an
alternate date is negotiated during the pre-proposal conference.
If you need additional assistance, please contact Bill Meyer at [phone], ext.
Sincerely,
J~ clnzu,.,,0
William L. Meyer
Director
Division of Solid Waste Management
P.O. Box 27687 . Raleigh. North Carolina 276 11 -7687 Telephone [phone] FAX 919-71 5--'J605
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
Jim Noles
Four Seasons Environmental, Inc.
3107 South Elm Eugene Street
Greensboro, NC 27406
Dear Mr. Noles:
September 1, 1995
NA
DEHNR
Enclosed is a Request for Proposal (RFP) for base catalyzed dechlorination (BCD) on the Warren
County Landfill.
A pre-proposal conference is scheduled for 8:30 am on Wednesday, September 20, 1995 in the
large conference room at 401 Oberlin Road, Suite 150, Raleigh, NC 27605. A trip to the landfill
will follow the meeting. It is mandatory that you attend this pre-proposal conference to be
eligible for contracting. Response to the proposal is required by October 4, 1995 unless an
alternate date is negotiated during the pre-proposal conference.
If you need additional assistance, please contact Bill Meyer at [phone], ext.
Sincerely,
f\ tU~&~.vL/
William L. Meyer
Director
Division of Solid Waste Management
P.O. Box 27687. Raleigh. North Carolina 276 11 -71--87 TP-lephon<> 9 !V 733 -/1096 FAX 9 19-71 ~605
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
. .
NAMES AND ADDRESSES OF VENDORS FOR RFP/CONTRACT FOR
BIOREMEDIATION OF PCB LANDFILL
Mitchell, Alicia
IT Cooperation
3710 University Drive
Suite 201)
Durham, NC 27707
Phone# [phone]
Fax# [phone]
Hutton, Joe
Soil Tech
800 Canonie Drive
Porter, IN 46304
Steven C. Lewis
Aquaterra
PO Box 37579
Raleigh, NC 27627-7579
Phone# [phone]
Fax# [phone]
Barbee, Thomas
Groundwater Technology Inc
1000 Perimeter Park Dr
Suite I)
3107 South Elm Eugene St
Morrisville, NC 27560
Phone# [phone]
Fax# [phone]
Noles, Jim
Four Seasons Env, Inc
3107 South Elm Eugene St
Greensboro, NC 27406
Phone# [phone]
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
August 24, 1995
MEMORANDUM:
TO: Members of Working Group
FROM: Bill Meye~
SUBJECT: RFP For Pilot Scale BCD Study
Enclosed is a significant modification to the original RFP. Dee Strickland suggested several
changes that have been incorporated. The changes were necessary to insure that potential
respondents clearly understand what is expected.
If the Working Group would review the RFP and give me feedback, I can complete/finalize it
quickly. I am currently working on a model contract that will be included in the RFP. The
contract will be fixed price and negotiated AFTER EPA approves the applications for
alternatives to PCB disposal.
At least 25% of the total contract is intended to be withheld until the Working Group is satisfied
with the final reports required. In order to keep the process moving, I will not submit the model
contract to the Working Group for approvals, since the terms of a contract must meet relatively
strict State standards; this should not be a concern for the Working Group.
Please note the sequence and schedule of activities in the RFP. These are just estimates but may
be more realistic and longer than members of the Working Group anticipate. If anyone can
suggest/recommend how to reduce the schedule or activities, it would be helpful.
Enclosed are four copies of the guidelines for application to the EPA for a R&D or alternative
technology demonstration under TSCA. It is relatively thorough and provides for concerns
expressed by the Working Group.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
.'-• September 1, 1993
RECOMMENDED ANALYTICAL REQUIREMENTS FOR PCB DATA GENERATED ON
SITE DURING NON-THERMAL PCB DESTRUCTION TESTS .
ANALYTICAL OBJECTIVES
There are two major objectives for data on PCB concentration generated on site
during non-thermal PCB destruction tests, or demonstrations, and during the general
operation of a PCB disposal process: (1) to reliably quantitate the concentration of
PCBs in the feed; and (2) to reliably identify and quantitate the concentration of PCBs
in the product, waste, and effluent streams.
OBSERVATIONS ON PREVIOUSLY DEMONSTRATED ANALYTICAL METHODS
In most on-site PCB analyses associated with non-thermal PCB disposal
processes that have been observed by EPA Headquarters, PCB concentrations have
been determined with portable Gas Chromatographs equipped with Electron Capture
Detectors (GC/EC). In our observations, sample preparation generally consists of (1)
dilution of fluid containing (or formerly containing PCBs) .or (2) stripping off a solvent
that interferes with PCB analysis and redissolving the residue in a solvent (such as
hexane or isooctane) that does not interfere with PCB analysis. In either case, the
resulting fluid or extract is diluted to levels within the working range of the GC/EC.
Internal standards or other measures are not commonly used to assure that the stated
volume is, in fact, injected. There is common use of external standards and blanks.
The GC/EC must be calibrated against a standard for quantitation. In the past,
most, if not all, on-site analyses have relied on Aroclor™ mixtures of known
concentration to calibrate the instrument. Many quantitation techniques employ a
"total area· concept, or average the quantitation based on a few major peaks in an
Aroclor™. These Aroclor™ mixture quantitation techniques are acceptable only if the
analyte mixture closely resembles the standard.
All analyses of original or untreated material is normally quantified based on an
Aroclor™ standard. One rare exception might be that the original material has been
partially dechlorinated (perhaps through an unsuccessful treatment by a PCB disposal
process) and the original Aroclor™ formulation no longer exists.
After treatment of the original PCB matrix, if the disposal process causes no
changes in the chemical nature of the PCB molecules (e.g. distillation, solvent-solvenl
extractions, and solvent wash), then quantitation of the final treated PCB matrix is
based on the appropriate Aroclor™. Analysis of PCB matrices treated by other
disposal processes (e.g. chemical dechlorination, thermal processes, biological
processes, photolytic degradation processes, electrolytic dechlorination, and catalytic
dechlorination), which, during the process, chemically change the nature of PCB
molecules and hence the character of any mixture of these compounds, must be
quantified based on a congener standard, such as the DCMA (Dry Color
PCB Disposal Section
Analytical Requirements ,
Revision 3, 09/01 /93
Page 2 of 4 Pages
Manufacturer's Association) standard mixture of ten individual PCB compounds that is
commercially available.
In the GC/EC analysis of treated PCB material, where the original PCB
formulation has been changed by the treatment process, all GC/EC peaks having
retention times between and including the retention time of the earliest eluting
monochlorobiphenyl (MCB) (usually 2-chlorobiphenyl) and decachlorobiphenyl are
considered to be PCBs. · Only a more specific chemical analysis method, such as
GC/Hall Electrolytic Conductivity Detector or GC/Mass Spectrometry, may be used to
identify compounds in this GC/EC retention window that an analyst does not believe
are PCBs.
The most frequent problem observed at on-site laboratories is the difficulty in
evaluating the concentration of the early eluting monochlorobiphenj"s (MCBs) and
dichlorobiphenyls (DCBs). Most of the commonly found Aroclors r do not have
sizeable amounts of MCBs and DCBs present, and analysts have had some difficulty
adjusting chromatographic conditions. In addition, quantitation using this type of ·
GC/EC methodology is difficult (1) because of the large variability of response among
. the MCBs and DCBs and (2) because the level of 2 parts per million per resolvable
GC/EC peak of a PCB compound in mineral oil dielectric fluid is close to the limit of
quantitation for some of the MCB and DCB compounds.
MINIMUM ANALYTICAL REQUIREMENTS
Since the GC/EC analysis in the field is the final determination that the
treatment is complete with many disposal processes, minimum anaJytical requirements
have been est~blished. The evaluation team auditing a demonstration will audit the
on-site chemical analysis procedures. The audit will consist of the completion of an
audit form and the observation of the analysis of a number of Quality Assurance
samples prepared specifically for the audit.
The following activities are necessary in preparation for an audit of PCB
analytical procedures during a demonstration test:
(1) A Quality Assurance (QA) plan must be prepared according to the
guidelines set forth in ·interim Guidelines and Specifications for Preparing Quality
Assurance Project Plans,· QAMS 0005/80, Office of Monitoring Systems and Quality
Assurance (OMSQA), Office of Research and Development, U.S. Environmental
Protection Agency, Washington, D.C. 20460, December 29, 1980. (OMSQA is now
called the Office of Acid Deposition, Environmental Monitoring, and Quality
Assurance.)
(2) All chromatograms with raw data must be clearly and completely labelled
with operating parameters, time, date, sample code, and other relevant information
necessary to reproduce the analysis.
PCB Disposal Section
Analytical Requirements
Revision 3, 09/01/93
Page 3 of 4 Pages
(3) All results must be presented with units. The most common concentration
units are ug/g for solids or liquids (except ug/L), and ug/m3 for air and stack gases.
(4) Sample calculations must be provided. These calculations must show
clearly how the raw data from the sampling process, sample preparation, and
chromatograms, were converted to the final results reported.
(5) Sufficient replicates, standard addition samples, blank samples, and other
GC control samples must be analyzed and reported. The definition of ·sufficienr
should be present in the QA plan required in #1 above.
(6) Standard Operating Procedures (SOPs) must be documented and available
for inspection if requested.
(7) It must be demonstrated that monocholorinated biphenyls through
decachlorinated biphenyls can be reliably quantitated in the range_ of concentration of
the original untreated material and at the appropriate concentration range necessary to
verify that the clean levels have been attained. There is no specifically required or
designated analytical procedure. The requirements for a satisfactory analyticaJ
procedure are: (a) that the on-site analyses of audit samples for PCB concentration
are performed satisfactorily~ and (b) that the results of analyses of PCB concentration
of split samples of feed waste and treated waste are confirmed by another laboratory
performing adequately during audits by the PCB disposal section.
GAS CHROMATOGRAPHIC ANALYSIS AND QUANTITATION OF TREATED OILS FOR
SINGLE PCB CONGENERS
In some cases, the chemical analysis of treated oils for PCBs in the
implementation of 40 CFR 761 Regulations involves the identification and quantification
of PCB congeners (there are 209 PCB congeners). In the past, most chemicaJ
analyses for PCBs measured concentrations by comparing the response of PCBs in
treated oil to the fairly consistent amounts and distribution of congeners found in
commercial mixtu_res added to the same matrix. This kind of comparison is perfectty
acceptable when the treatment process, such as a physical separation process, does
not change the chemical nature of the PCBs and therefore the nature of the PCBs or
PCB mixture potentially remaining in the treated oil. However, following treatment by a
destructive process or processes in which chemicaJ reactions change the chemicm
nature of PCBs, the resultant, residual PCB congeners are changed in the amount and
distribution from those present in commercial mixtures of PCBs. '
Analysis of oils treated by a destructive process or processes, where chetl'\ica
reactions change the chemical nature of PCBs, is best accomplished by procedures
which can quantify individual PCB congeners. The most commonly used analytical
method which provides acceptable quantitation of individual PCB congeners, without
requiring extremely expensive equipment and chemical standards, compares gas
PCB Disposal Section · "'I_;
Analytical Requirements •
Revision 3, 09/01 /93
Page 4 of 4 Pages
chromatographic peaks of treated oil samples to gas chromatographic peaks from ten
selected PCB congeners (one from each level of chlorination.)
Any analytical procedure proposed that provides acceptable results should
include the following requirements: ·
(1) Each gas chromatographic peak between the earliest eluting
monochlorobiphenyl compound (usually 2-chlorobiphenyl) and decachlorobiphenyl is
considered to be a single PCB congener. If an analyst believes that a gas
chromatographic peak includes more that one PCB congener, resolution of the peak
must be demonstrated (and the resolved peaks requantified) using another gas
chromatographic column and/or using a different detector.
(2) The level of chlorination of the PCB congeners represented by the gas
chromatographic peaks is to be determined by comparison to the gas
chromatographic peaks of a standard containing the earliest eluting
monochlorobiphenyl (usually .2-chlorobiphenyl) and one representative from each level
of chlorination of PCBs from dichlorobiphenyl to decachlorobiphenyl. Any standard
meeting these designated specifications and prepared either commercially* or in a
private laboratory may be used. The level of chlorination of a treated oil gas
chromatographic peak is assumed to be the same as the chlorination level of the PCB
congener of the nearest peak in this standard. If the retention time of a peak is
exactly halfway between two standard peaks, the peak shall be assumed to represent
a congener at the lower level of chlorination (?f the two nearby standard peaks.
(3) Quantitation is based on comparison of the response of each peak in the
treated oil with the response of the peaks in the PCB congener standard described in
#2 above. The response of each treated oil PCB congener peak is assumed to be
the same as the response of the nearest PCB congener in the standard.
(4) In order for an oil treatment process to be considered successful, any
resolvable gas chromatographic peak present and quantified by #1 through #3
above, must contain less than two parts per million (2 ppm). When using any
chemical analysis methodology, proper Quality Control and Quality Assurance
measures must be taken to assure that the Level of Quantitation of the method is
below 2 ppm and that the instrumentation and all equipment are calibrated and within
prespecified control criteria. In addition, since most gas chromatographic analyses of
treated oils require dilution before chemicaJ analysis, the analyst either (a) must take
care to account for this dilution in calculations of original concentrations in the treated
oil or (b) dilute the standard mixture in the same manner as a treated oil sample for a
direct comparison of response.
* There is a commercially av.ailable standard which meets these · requirements. This
standard was prepared originally for the Dry Color Manufacturers Association (DCMA)
and is commonly referred to as the DCMA Standard.
•
.OCl'lllllrt711
t 0PTMIOZI. 111 l--f'IIL 2Zct-lJ
llofydllor1natN llpMnyta (PCaaJ;
,race,dln ient of tM
,._.,.. Au fOt PCll 11111DOa•
FacmU.. 1M QuAdanoe tor
A,pram .
lll■lffl lntnammta1 ~
A,aq(IPA). •
ACnON: Plocedural Rule Amendma•
. ud Slatallllat al PDUcJ.
·-•ll"r.'11111 plOOldun1,. daaae IIYN dalt A•R.Ut Admipiatn• far
ftntiddN aad Tmdc SubetucN
(Auiltut A:dmtnt•tratar) aut.boritf 111-
•PPl'Ofl C8l1atD PCB cltapoul fac:t1ilael
wbicb pnvtouly UYe nqund
approval fram tacb Reaiaaal
Admirm&ralor. Tht Alailtam
Admmiltra&or will be tbt approval
authority far facilltin wbtcb will be
131El
FR ( 4 8 ) / 6 2/ Wed n es d a'-' • March 3 0 ,-198 3 13182
operated in more than one fflion. Tbt
Jletional Admini1trator1 will continue to
have the authority to approve all unique.
1Ue-1pecilic facilltiea 1ucb a1 landfill1
and 1tat1ona.ry iDdDuat0r1. Tb•
Regional Adminiltrat01"1 alao will
continue to have the authority to
approve all re111rcb and development
(R and D) on PCB dilponl mathodl
IDvolvmc 1 ... 'than 500 poundl of •
material. reaardl111 of whether the
diapoaal facility will lM operated ID mon than one reston. Thia amendment
thould provide IMtttr rnpomiven111 to
tba nttdl of the public and IDduatry. lt
doe• not cbanp any 1tandardl for
apprvwll PCB dilpo1al actMtin. I,s
addition. EPA ii provtdiq auppltmental
pidance to u1ilt persona applyiq for
applOVU of PCB d1lpoeal teclmoloSt•
tlaat.,. alttmatifft to IDdlwatcn ud = aftlctacy boi1en. -"TIVa DAfl: TbeH amendmliltl
t:1~...=u~2::Mm . Jack,. Maearthy, Dlnc:tor. IDd1lltrJ .
AN11tuceomca~J. omceot . Subltuc-. IDv1l'clmDalltal
AICCJ, Rm. &-a. a M SL.
ubiqtoD. D.C. 2N10. Toll he:
(IDD-,4Zt IOU). ID Wuhiqtoa.. D.C.: .
(554-ltOI). Out.aide tba USA: .
(Operator ZOZ 5M-140I).
. t lemdJIJcatCoa ol 40 CFll Pat 711
'ntlt 40 of the Code of Ftdenl
Rqulatiom. Put m. whicb replatea
polyc:hlorinated biphenyl1 (PCBa), baa
bean reo11aniztd and recodlfltd. Notice
:,! tu N011anisation and ncocWlcatlOll
•PPl&n ID the Fedtral a.p._ of May
"· :m (41 FR 18521). Thia rule
amadmat IIHI tba followtq MW
deeiplfliom:
CIU ·-· ... , ....
... Wt .. 1711.tt .... D.,?IIA ..., 0. 1111 .,, ...... ,., ..
...,Ll?St.• .... a.,,..,,.,
...,Ll71Ut .... a.,,...~
.... Ll'PIUI ._.a.,n,a
ditpoaed of iD landfill, or deattoyed iD
inc:ioeratora. or in hith effidtncy boiltr1
approved by EPA Regional
Admini1trator1 in accordance With
1tandarda aet forth iD the rulea. (Set 40
aR m.eo. 181.10, 191.75). Tb• nuea
al10 provide that peraona may obtain
approval from tht Rqional .
Admmiltrat01"1 fer altemative method.I
of d11troytna PCBa if tbe altarutiva
mtthodl can achine a level of
performulce equivalent to EPA
approved 1Ddnerator1 or hip tfllc:iac:y
boiltr1. ($ff 40 CFR 19U0(t)).
Rqional Acbntnt•n-aton wvt sfvtJI ·
aolt authority to app~v• PCB dt1poaal
fadlitta. At that t1mt lite-tpedftc:
ttc:hnololfe1, aucb u indnerator1.
boilan or lal'dfllJ1, wen tba only
anilable ~1.111 4f ditpolma of PCII ar
dettroytna tham. Durin, the put year, ID
·part1calar, IPA hu bee ncetwaa
applicatiom for mobile and other tJPN
of deltructiOD tadmaJostn that nq1lin
ap~wal m mon than au fllloa. ..
To lmplovt maaqemaat of Plftllit · Jll'OCNarN ,_ PCB dtlpolal.actnt ..
tbaAmlumatratar bu dactded to .
lnlllfar die rmaw and approwal ·
nthoritJ of mobile and otbar PCB ..
c11apo,a1 tadmiqun tbat an ued m
IDOl'I thu ODI rwsiOD to the Offlc:a of
P91ticida and Toxic SubataDca m
Waahiqton D.C. Thia tnmftr of
approYal authority ahould provide IMtter
rnpomiVtDIH to tht Dffda of tht .
public and induatry. Tbt purpoH of tb1a
ustlldmat ii to reduct the rnoarce
burden on EPA ud atfec:ttd parU11 by
tliminaUq duplication of effort ID the ·
flllonal omen and to anify the
Atmlc:J'• approach to PCB dilpoM1.
Thia proc:aduraJ ruJt UDIDdmat don
DOt cbaap tlw Apncy atandarda for
approval of PCB dilpoaal methodl. ll
meraly nbttituta1 the Alailtut
Admlnt1trator for P91tiddn and 'tatc
Sub1tucn for the Rtlfonal .
AdmJniltrator1 a, an •~al authority
for certain fadlitiu. ·Smca tb1a ·
;rocedunJ amendmmt mabt no
. nbltutivt cbana• to tba txiltin, PCB
na1t. no commat period ii NqUirtd or ...-,ar, for tb1a ruN'ffllkiDI Tbt
D. BacqraaDd DOtiCI a,nd commmt proc:adurn muler 5
Sac:tton 8(t)(1)(A) of the Toxic U.S.C. U3 an not applicable to
9ab1tanc11 Control Act (TSCA) nqains proc:aduraJ rul11. ~tmore. tb1a .
tbat EPA promultatt ruln for the 11111Ddmtnt btcomtt tfrtctivt OD April
~ll)OMl of polycblorinattd bipbanyla 21.-1113.
"PCBI). Tb• ruin lmpltmmUnc 1ectlOD Tbt preamble to tb1a rula a1ao
••)(1)(A) were pubU.hed in tht Ftdlnl pr11mt1 11n1ral notice of 1upplemmtal
bslatar of May 31. 1979 (44 FR 3U14) pidanct for tudcinl wbethar ID
md recodifted in tht Federal R.tptar of altemativt PCB d11truct1on method
'tf1y 6.1982 (47 FR 195%7). (Set Unit 1 of · ahould 1M approved under 40 CFR
:Ida preamble.) TbON ruin. amona othar 711.IO(t). Thia ,wdanc:a bu bee
JdDp. 19fterally requirl that TariOILI 1tnerallY utd by fflional
:,pea of PCBa and PCB Artldn 1M acbntntetntort iD the put ad.ii
pre1anted to Haist applicantt i.n
1ubmitun, uaefuJ information.
m. ApPf'.'Oval Autboritlet for PCB
Diapc,NJ Actlvtti.N
· The followina parasraph11pecify the
approval 1uthority for vartoua diaponl
activttiea. However. at tht diacr-9tion of
the Auiltant Adm.iniatrator. an
application for approval may 1M
uaigned to another office ii tht
application appun more luited for
review in' an office other than the one
1ua11ted below.
A. Land/iih
Landflll1 for PCB matll"iala will
continut to bt approved by the Rqional
Acbntnt•traton.
& SladOIIIUYad Mtlbia lllt:iMrOton
111,t operathm of 1tatiaaary
lllciwator1 will lM •pptvved bJ t11a
Jtesioaal .•dmtnt1traton. Mobile
ladneraton ud ltatlmwJ lndmraton
el ldeDtical deeip tbat an IDtaadtd to
be ileed ID more than au restoa will be
1.C::1tra'7ar~ ==~arda ac1 dnelopmat blvolvtn, 1aa that 500
pcnmda of PCB mattrial (IN Put D of
tb1a anit). n, Aailtut Adminf1trator
. may IN• an approval that will lM
elfectlv1 ill all ta EPA l'llfoaa.
C Alt.mo• M•tllotb
Tbt txtettnc PCB resulationa provide
for tba approval of mathoda wbicb an
alterntivn to incineration. Altemat1
mtthodl that an 1tationary and unique
(atHptdftc daisn) will lM .pp-owed bJ the appropriate Rqional
Adminiltrator. Alttmatt· methodl that
an mobila or wtll lM uetd ID mon tbUl
ODt nsiOD wmlM apprond by th•
Aeeiltut Adminietrator • ._-cc.pt for
NNarcb ud devtlopmeDt a0volvtq In,
thu 500 poundl of PCB m11t-.:ial (IN
Put D of tbia IIDit). Tbt Aaailtut
AdminJatrator may lelu• an approval
which te elfectlwe m all rm EPA l'llfcme.
I). a..arr:h and Dne/oplMllt '
Thi EPA Rtlfoaal Adminiatraton wt11 be the a1'pl'Oval authority for R and D
Into PCB dlepoN1 mathode. reprd1na of
the type of method. that ua 500 pounde
total or Ina of PCB-contammattd
material. Dllpoaa1 of more than IOO
powu:le of total PCB ar PCB-
contaminated malarial for R and D
purl)OHI will lM reviewed and •pproved
. by tither the Auitut Admintetratar or
an appropriate Resional Adminiltrator
baaed OD tbt pnncipln Ml out iD A. B.
C. and E of tbia unit of tht F9&mble.
IPA notes that Rand Don PCB d1epotal
le raplattd uatna the dilpoaal Nd1cml
..
:v ,.
~ (I Q •
,f.i-,,;
,of the PCB nale. S.. wut V of thia
preamble. , ... arch and Dnelopmmt•
. for a mart completa explanation.
& Others /
Req_uHta for apprao,al of di..,...i
facilitiH tbat an not covfflld ad.a A.
B. C. or·D above should be Hilt to tba
ANiatant Adminittrator. Jf an applicant
II 1IDIW"I about wbert to 111bmit a
rtqllllt. it abouJd be Nill to tbe
Auiltant Admmiatrator. '111• Aniltat
Adminittrator will lllip dlelffiew ·
and approval audlority for tbeN.
dl,poul fac:tlitln to the Olle1 of
PWldcidet ud Toxic Subetanclt or die
appropriata a.stonal .\ctmintentor.
IV .. hpf 1..-atal Onfdence . · .
SecUoa 40 aR m.,a of tbl PCB NII
prcmdet c:ritllrie wl ~ far ..
epproval ot laduntan. • en ·.
711.ID(aXZ)(W) pnmdea crtteria for tM
appraval of hip dlc:IIDq boiBlr'I. Timmel daltracliaa ... ,,.,.,., • ..,.
.... ODlilpJy aactly wtda.. . . .
Jl'OWllalll o1 •en,..,.,..,• ·
lfilUtN lllldar tbe wmer pruwlilaa of
tbet iic:llaa (40 en m.,a(d)(ID, ID
additklll. cllmactloD tedmolosl•.., uo be ~paowld adar tM ahilmatlft
ladmolopli Ndlaa of tb•PCI · ·
,..Jalfoll (40 CPll ffl.80(1)). ·
lec:tioa 40 CPR 711.80(1) cloee aot
pa,mda tpldftc pidaDCI CDm:llldai tbe
t,p11 of lmormatlOQ tbet IPA ,wqairn
to rntew altematfft dl8poaal metbodl.
11lll'lfan. IPA la tulaa tllll
oppartlmity to proflde tldl ptdanca-
-11w followinc pid■DCI la appllalba
to IDOlt altauta PCB d1,paea1 .
~vtU.. illdadq Rad D. bat-, be
mocWled u appropriata to tbe lplCilc
activity at dla dilc:NtiOD of Iba ltapallal
Admfat,-.tan or lbe ANW•n• .
Admiaf••tor. Al~ aot •tacl ....
eite-tped& coal#d .. uaaa mar ale8 be
IDvolnd ID any PCB dilpoNI faci11a,
apprvyal.
1. 'Iha owur or aparatar of ea,
alternate method aboaJd IUIIDlt 111
■ pplicaUoll wlw:h coataiu tbe IAllowina
(if applicable):
(f) Nama. addrnl wl pllaD-.,..her
of the wut's prin.cipa,I ffllHP-·
(11) 'lbe locatlOll of tba facility WUN
tbe utt will be tailed and tbe location
wben tba unit w1l1 be •tancl and
Nfficed wba not qqed la --(W) A detailed dnaipdaa of tba alt
IDcludf.aa paca1 plau and .....
drawtnp. .
.. (lY) All llllinNriq l'9pOlt or odlar
lnformaUoa on tbe ■rticipatld
performance of the muL
(v) A Mlllpl1q pla and qallty
uaurince pla. lndadlna eamplJna -monitoriJII eqaipmat and aftilable
fac:tliU..: '
/62/ Wednesda·'i ½,.,.,~h 30. 1983
I 13183
(vi} W■ata volum11 upected to be 1ovarnm1nt, within wb011 iwi1dic:ti0n
bandlld. proc:eas destp capadty, the demonstratiozrit to take place.
proce11 coatroL rtqent-to-wa1ta feed 4. Followtn, receipt of the procea1 ntloa. aad eafety fe■turH. . demonstration plan. the A11i1tant
(vtl) Any local. Sta ta or f'tderal · Administrator or Regional
permita or ■pprovala. .\dmini•tzator· will approve the plan.
(rill) Scbtduln and plau for requin addiUona or modific:ationa to the
mmplytna wttb tbe aPJIIVYal plan. or dlaapprove the plan. If the plan
l'tq\W"lml1ltl. ii di11pprovtd. the EPA will notify the
(Ix) A DDDdqlacf plan which per1oa wbo 1\1.bmitted the plan of such
deec:rfbn lt8pl taka la cue ofproc:11e dlaapprovaL toaether with the re■aona
failUrt. ,pill or ondlow. · wby tt ii diaapproved. That penon may,
(x) IDWU11111811tal Impact. IDchadln1 tbertafttr. submit a new plan in
proc:ea, eminfou. toxicity and d1apollll accordanca with pan,raph 2. above. If
, of prDCIII proclucta. ette rtlatlonehips. tba aew plait approved (~th any
and ltepl tabn to protect'-health of addlticma or mocWlcatlona which EPA ·°':,;:;:winl reoeipt of Ille •pplk:atlo& may prnc:rib9). tba EPA will notify the
IPA .,1 det9rmlne that a-,.,... penon wbo eubmittad tbe plan of tba
·dtmoutn"'-.._ -ail'ld _., will approval. 'lhlrtaftar. dat proce11
uuu • •• , -demomtradoa. JI DICIIIIJ'7, ahall take MtifJ tbl ,._ wllo lllbminlld Ille plaCI at a elate. tbM. and Jocadoa to be ftPOl'I. Tlae Ailfltut Admmletnl• • qned apoa betwNtl tb• EPA aad tbe ltepoaal Admintlcrator may l'lqllln tba __ , ) ......1.--·'--•--..a th •---._ ......... of ea, otberlnfarmatlon dlat r--M\■ WIIU 9UUIIUIWU e p--. &-
Ille IPA IDdl to be '"...,bl, . ...,.._. mut eatlafy all_·. appUcabla l'tqldrlmeDta o1 40 en Pm w111u.z11...,.mlbe11Ndfara 711.and,applyan,otberpsllDIDldata
,._ 'WMltradon. ... .._ tut aida lPAlanwtewlaa IMN . ·
llllanutlon -.Ube IWCnctad ID tbe p'GCIIIII
.,,_ of ~tiall reqalncl JD 1lr .. · ·· • 1. 11ae Alllltut Aidmtni•tntar ar .
Wtlil apJllca11oa. All=....,..,... lepoaal Aictmtnt•trator w1l111'.1111 at ==-~~.DD:-. Dtl day approYal for full ec:al• operatioD
wrbd ~ mut be tnetld bJ bued aa • maq,rtbwive rmew of tbe tbl IPA u Conftdlau.J aa .... , . application packqe. damomtradOD
......_ ..i.. • detenmnetlaa ID rmalta. and otber 1\1.bmittad infonnatloa. .a-.._ _ _._,_ of _ .... _.,_u._ llu ApproYal, for operatloa will coatain
~ -----•, epec:l.el conclftfou. JI EPA l1nda them bea wde bJ tbe Geunl CoanNL ID uc:euary to provide nffldut
addltl-. • MHlllllllldmdal •eniolt of pratectfon to h1lman health or the tbe eab .... loa II requil'ld 10 that a IDYU'ODIDIDL .... · .
ODpJ of tba =tloa II aftflabla. If · e. Req1111ta for approval mu.,t be HDt -;tift:wtna infi ~• ebould be to Iha Aniltant Admint•tntor for
Mlbautted a,, .c-' on:.°:,. ubd to PW1t1cil::9 a Toxic Subt~ or the
clelaonmete ,__. far tbe · -,..oprwte Jtasioaal Adminittrator. na
A.-:, IPA t any proper nfndal cu be determined under ecfdt~-= =... wlalc:h will 40 en ioUO(eJ. and m.10 C•) 111d (b)
MJp tbe ~ ot!ciala-----u d detanntna or under A. B. C. D. aad E in wut n of tbe ~ ad efh.:i.:y of Iba pracui thia preamble. Addrnw for thtN
(Q 'lhe dm& elate. and Jocadoa of die omc:tale art lilted u rollows:
PfOC111 dmltratloa. . Documat Coatrol Ollcer rrs,;.,m),
(If) flw qantity ud type of PCle and Ofllca of Tmdc Subttuca.
PCB l191D8 to be procnaed. EDYironmental Protection Apncy,
(W) 'lhe ~ten to be maaitancl Room E-401. 401 M SCnet. SW ..
·and loCltloa of aampllna pomta. Wubfqtoa. D.C. 204e0
(IY) A eampltq plan aaclqaallty . •~ 1
u.nmcaplan. IDchadlnt eampllq ---hqueacJ and IMthoda and ICbedalN (Cotut«:tlt:uL MaiM. Maaadtll#tta.
,ifar II.IDpie enalym. · &w Htl/lllWW& R/,od• i.JarJd.
(Y) 11w name. eddrtte ad Vennaa,J :':':,1~T .:11 olbar lesloul Admmlltrltor~ Jtasioa t. ,.._ F.lmroamntal Protaetlon Apncy.
pertmnt data. and wbo will pwlotm .a Jolm-i'. Kantdy Federal Buildiq.
tac:lmJca1 naluatloa of tlw etfecd111 tt• Botton. Muaachuaetta 02203 of tba pr'OCIN damcmatradoa.
3. At leut thtrty (30) de11 prtar to ..... I CODdactfnl the proc:eu d..,,,.,.,.,.._
the owur or operator of tbe proe111 . (Nfflf J--,, Nnr Yodt!
should sm wrttta notlcl of the Jleslonal Admiaiatr.tor. Retfon Z.
demoutrati• to tba state and Jom1 lllviroamutal Protection Afency, ze
r
FR (48) /62/ Wedne~dav, March 30, 1983 13184
Federal Plua. New York. New York
1DZ71 ......
(0./awon. Di•trict of ColUlllbia.
Maryland. hnMylvania. Vu,inia. Wat Vu,inio) .
_ V. -...u'Cb ud Dltiilt Jal litts1Uon ilnff .,. rnolved and the
RCRA rqulatory impact analy1ea are
completed.
. VD. Exeaatin Order 12211, Paperwork
Red11cdoa Act. wt Jleswatory
f'luibWty Aa -
Repcmal Adminiltrator, lltsion 3. · ·
Eavironmmtal Protection Atnc,;ltb
and WalDut StrHte. lllttledelpMe,,
Pmmlylvania 18108
llenarcb la ID lnve1tiptioa to
dlac:over or NYiH facu or tbeortn. The
pnnnt PCB rule authortua the UH of
PCBI for Rud D admtia If the Paa
an packqed ID 5.0 ml coataiun ud
ued for adeutiftc experimentation or
ID&lyail (40 CFR 781.30(1)). Thertft,re. R Under luc:utfve Order 1%291, i11ued
ud DOD di,potaJ method, umc PCBI Febnwy 17, 1811. EPA ha1 determined
ID 1DJ other form comtitutn d!ipoeal that thil amendment to the PCB rule 11 ud la nplatld uiDI the d1,poNl not• '"major rule .. 11 the term i1 defined ...... , IIC1foD of the PCB nale (40 CFll 71UO). ID HCtioa 1(b) of the Eucutfve Order .
Ill eoma cun. compiuun ban • . , Thenfon. ao RepJatory Impact (Alobturta. Florida. C.Or,ia. Katucq,
Muaiaippi, North Carollna. South
~Tan..._)
oonduc:ted ll ud D on PCB dilpoNJ Anal)'lil bu been prepand for thil
without the appropriate IPA rtsfon'a amadment. Thia ftnal rule amendment
IWU8UII of their actMtfea. Flihn to wu aubmitted to the Office of
::»o'r:t:oaprioorf -~~pPCBrav~~!f A ii a Manapment ud Budt•t (0MB} prior to rt.pcmaJ Administrator. Jletioa f. ·
·,·Enwomnatal Protection Apm:J, Ml
Coartlud StrNt. NL Aduta. c.arpaamu
.. --....-pabllcation m tbe r...i ..,._, -
Npiatlou. '9noal alnady .. pi ID IPA ha detmmiDecl that tba
PCB dilpoNJ l'NUldl that ii DDt -·. . applicalioa nqainmlDtl far tba
· penmtted pana,ut to 40 CPR 7IUD(J) . approYal of PCB dlapoeaJ ac:tntU.. ~ I I' a 1 ad aot appnmid bf tbl 1pptopd111ta · cautltate a "collec:tioa of Information..
: {llllnoi& Indiana. MJt:Ju,an. ~ IPA Jtep0Da1 A:dm1Di1tntor mut CNN . M dlflned ID tba Papa wmk lledactioa
.'. Qla/Q, Wll_rt:OIWII) daat nNUda ad obtam IPIIIOV81 Ina Act (PllA) olUIO. M U.S.C. aaot. n... .. ~Admiml1ntar W.. . . ilesloaalAdmmfltratar • ..__l.. l'ICarnrctnatbeirnHudl. , _· . nqcdnmatlanNtoatlD40CPll • ~ ir=-,,::ar, 119 .-»A-,;: tllat Rad D far MW : . = •~::~ = °'r::::.. nJ&
. 1111aoiam -...... . =-~::..•~=~o *•bmf•aiaaollafamaatfontoDA •...a-I f111Utl~ nfllateat to dneJop D1W tut j■ MCI HU, to cletmlliae die
-.-dllpolll -tboda (L& onr a.a 1111 Pale). capabWtlel ud nab auac:iated with
(han•• LouW1111a. Nnr Maioo. wrcben iDut apply to IPA wt PCB dlapoaal ac:tnttf ... Thie IDfmmation Oldlllloma. Tua.) l'IClln a Jectar of autbarilatkm Wan II uc:a1117 to lDnn proper dupoaaJ of
Jlesional Adminlatrator. llepoa I. , beslDIWII dim nNarch. To tu extlllt PCII without PNiDI ID ameuoaable Eavirollmental Protectioa Apncy, poaible. all applic:atfom lllawd contain rilk to lmmu bealdi or the IDYU'Olllllat.
Flret International Bwldiq. 1201 Elm tbe tJpel of imonutioa nqwnd In amt lllformatioa collect1oa requimunta StneL. ~ Tau 75Z70 m of thll preamble ud 40 CFR 781.10 of coatained In tbil Nplation ban bNn tba PCB na1I far approval of PCB approved by the Offlce of Mulqement .___ '1 di,poNl fac:WU... ud Budpt (0MB) muler the proviaione
Powa. ."1,pMa MiMouri. N.btuka) , VI. TICAwl lCllA...... 'of tba Papeawmk Reduction Act of 111D. M U.S.C 3S01 flt #ti· uul have been Jlesional Adminlatrator, llepon 1,· . PCB dlapolll fac:IJity pmmtl an uaiped 0MB c:antral D1llllber ZD'70-
Elmronmental Protection Apncy, 3Zt =-~a:.d• tba a11tbortty of the Tmdc 0011. But 11th StrHt. JCamu Qty, . C".IJlltral Act (TICA). Tha 1'be Replator, FlmbWty Act don
M1eeom1 M108 aajortty of tlae laumdou wute -not apply to rwn that do not UDdeflO
...._ I di,poea1 penmtl an sruted 1IDdar the "notice ud comment" adar HCtion
(Colorado. Montana. Nonb DoJu,111, • IIIOal'C8 Colllerntfoa ud ~•rJ 113(b) of tbfo Admtnt•ttoatin Proc:adun
South DoJioto. u_taA WJ'Dllliall !: !~; :=-~=u. Act. •ur other Jaw.
Jlasional Adminlltrator. Jtesioa a. · controlled under eacb of tllae atatates. vm. llatlatalJ Autllanty
Enviromnatal Protectioa AancJ, tba resu,latiODI preNDtly require two
1180 Lincoln Stnet.Danr. Col .. do bldlwhaal pemdta. EPA udatpetet IDZ85 . mtesratina tbne NplatfODI and II
c:anntly muin, Ul intemaJ effort to ...... I ,u;,n tlaat buudou 111d tmdc wute
(N'iMlntl. CoJifomJa. HttwaJJ. Nnoda) d1apolll permtta c:antaill tbe aame
NHDtiaJ CODditiOU. Jltsiona1 Adminiltrator, Repoa I. The TSCA raln for wutt PCBe han
Ezrriroamental Protection A,enq,.m i..-:r= mce 1111 ud !::I Framoat Strnt. San Fnnci•co, · ce an . well . tood by tba Npla ·Callfomla M1011 commamty.,.. of tbil wrtua,. tu RCIA
.,..._21 ralnl1'tba'nbjactolpendtq
'Aloua. /daJ,o. n-.. .. Wr-•"'-ton' litiptic=. Ill addiUcm. tbe RCRA.nala ,. -•....---.. , anmulert0tnacompnheaetft JlesioDaJ ~trator, RqiOD 10, nplatcirJ bnpact UL&qNI that may
llmronmtntal Protectioa Ale=J, rnvJt In a amnber of reswatorJ
UDO Ith Anna. Seattle, Wubiqtoa amendmenta. Effortl to IDtes,ate tbe
ll101. rain will nt\UDe aftar the major JlCRA
Uadlf HCtion l(e} ofTSCA (U U.S.C. ·
zeas). the Adminiltratar mut ·
promuJcate na1a to prnc:r1be math~
for the dilpoAI of Paa. The
Adminiltratar aleo baa the authority to
amend or modify th• matins PCB
dilpolll rain (40 a'1l Part 711).
publiahed ID the r...i ....... of May n. 1m ('4 PR naH). and iln•
procedural naln ud policy 1tatamenta
, NSUdinl tba dilpolll nplaU~
Ult ol Subfeaa ID• CB Part ffl
Huudou matutala. Labeltn1
Polyc:hlqrinated biphenyla. Reportizlc
and recordbepiq requtremente.
Envtronmmtal protection.
'-r
' } FR (48) /62/ tJednesdav . '.1..arch 30, 1983 13185
Dated: Mar= Z1. UIS.
... W.~cm d Jr,.
Act.inf Adlrrinatraw.
Therefore. 40 Q'R Part m ii
amended u followa:
PART711~YCHLOAtNATED :
81PHENYLS (PCSa) MANUFACTURtHQ.
PROCESSING, DISTRIBUTION IN
COIHl£RC£, AND US£ PROHl8ITIONI
·1. JD I m.eo parqrapb l•l ii rniNd
and parqrapba (l) (1) ud (2) an added
to read u followa:
larli~D 11a,.-w1011pN111
1711.11 ........ ,._ ....
• • • • •
mut comply with all limitatiom
contained ID nc.b determination.
• • • • •
(I) Appro-rol authority for tJupo.al
1Mtltota. (1) The official, (the A11i1tant
Adminiltrator for Pe1ticid11 ud Toxic
Sub1tanU1 ud tba Jletional
Admini1trator1) d11ipated ID II m.eo
(1) and 781.70 (a) ud (b) to rec:eive
nqunta for approval of PCB dlapo,al
activiti11 an the prima'7 approval
autboriti11 for tbtN actiYitiea.
Notwitbltandlnl, tbt Aaailtant
Adminittntor for Pettictd11 ud Tmdc
Subttancn may, at hil/bar dilc:retion.
Ulip tba audtortty to nvi.w and
appron uy upect of a dt,pon1 IJ1tnl
to the OtBce of Pettictda and Toxio tlabetawe • to a lllianal
Admim111ator.
(I) lxcept for aclnll)' autboliaed
,mdar I 71UO(f). neeardl and
ditftJopment (Rand DJ IAto PCB
dllpoea1 methoda ulq a total of 1w
dwl aao pousada of PCI malarial . ·
(Npldleu of PCB CDDCaDtntkm) wll
.
may be preicrtbtd punuant to
paragraph (d)(4) of thia Hedon.
• • • • •
(7) At a minimum monitonn, and nc:ordina of combuation producta and
IDcineration operatiom lhall be
conducted for the foll..tna parametera
whenever the incinerator ii indnaratint
PCB1: (l) 0.: (li) CO: and (W) CO.. The
monitortn.a for 0. and CO lhall be
coatinuoua. The monitortna for CO. .
aball be periodic. at a frequency'
spedfttd by the Jlttional Adminiltntor
or Aatiltant Adminiatrator for
Pe1tiddn and Toxic Subatanc:ea.
(I) 'l1l9 flow of PCBI to tbl IDdnantor
aball atop automatically when any one
or ■on of tbl foUowtna c:andluoaa occur, an1 .. a oaaUDpDCJ plan II
labautted br the IDdnerator owur •
operator wl 6ppiOHid bJ Ille llliONI
Admiaiatntor ot Aaailtut
Adminiatntor for ,_tiddea ud Tmdc
8abl1ucN.,,.. ~ p&a
ladfcatn wut altematift ■---the ......_tar owur • apentmwoald ·
tab If UIJ of the falJowma caadltiGaa
. (e) Nlf ,._ wllo II 19qalnd to
___.._ uy PCII udPClllllil
_.. thil nbpart and wllo ca .
~la diet Ul altamatm atilod el dettao,tDa Pall wl PCl ltaml mdl1I
.... diet ... altamatm metlMNl GIii
.......... of perfanll.ua ·.
eqmalmtto lm.701Dcm1ratan•
lqla t!BdtDCJ badlrl • paol4dld la ..,...pb (aK2)(lv) IDd (aKJ)(lv) of ddl
NCtiOII. may nbmit a wrttta NqUlt to
lltMrtbe bpcmal Admiaiatntar • die
Aati.atant Adm.tniatntor for Pe1tiddn
and Toxic Subltancn for Ul eumptlOll
from tba izu::pleration requinlunta of
. • fffl8W8d ud t.ppco,id bJ tbe · · •
app1opnate EPA Reaian,11 Admfofiti!atar oacm: and rnearc.b ud developmat 1lliDa aao • • • • • = ar 1110r1 of PCB material nprd1na of PCB coacatntkm) wdl (I) Wa• ICNbbln aball be ued for
be IWTiewtd by tbe approval autborttin HCI cantrol durtq PCB IDduration and
I m.10 or I m.eo. Requnta for
appr,n-al of altemata methoda diet will
be operated ID more than bU npOll
muat be submitted to tba Auiltut
Admtnt1trator for Peltiddn ud Toxic:
:,. out IA II m.eo(•~ and m.,o (a) ud :;11~:=i;"the
1. JD I m.eo bJ rntaiDa the approprtata EPA Jltsional Admmiltrator
Introductory text of parqraphl (a) ud or tbl Aaailtut Admtnt1tTator for
(aKIJ, parappha (a)(1) and (I). tu Pettictdtt and Toxic Subetancn.
iDtroductory text of parqrapba (b), (d) Scrubber tftlueat aba1l be manttand
wl (d)(t). parqraph (dX2) (l) ud (W). :mt::Uor ~-:~~~~-ud Su!mancel except for rnearc.b ud
dnelopmec• tnvol'Vinc 1 .. than aao
pound, of PCB material (IN puqrapla
(1)(2)). RMIMab for approval of altamala
tbelDtroduct017textofparqrapb r••----
(dX2)(11). ud puqraph (d) (3), (4). (I) uy other Stala and Federal lawe and ud (7) to read u folloWI: repladou. AA altematl method of HCI control may be ued If the altamata
lilttbod hu bta approved bJ Ille
Jleticmal Adminiltntor or the Aautant
Admtnl1trator for· Pelticldel and Taxic
Subatanca. (1be HCI MUtralimq
capabWty of cmDlllt kiJna II rmlid-ld
to be u altemate medtod.)
.. tbodl that trill be operated IA ODIJ 1711.11 • .._ I•~
aat resion mut be IUhmitted to tbe (a) Uquld P.C1la. AA IDcmeratar utd
appropriate Jletioaal Achnhd,...tm. 1111 for iDdDerallJII PCII aball be appao,id
appllcaDt maat abow that bll •tbod of . br u IPA bpoaal Admiailtntor •
datroytna PCII will not pnNDt Ul die Alailt. :.t Admmittntor far
~uonabl1 rtak of IDfurT to bealdt • PNtiddet ud Toxic hb1tanc11
tbt envtroameat. On the t.mol,adl panaut to pan.srapb (d) of th.la ~OL
tnformation and any availabla bqunta far approYal of IAc:maraton to
mformation. the Jleticmal Admimltratar be ued ID men than ODI "lfOD lllUlt be
• Aamtut Admimltratodm lllbauttad to the Aamtut
PnticidN and Toxic 8'&bl1a:Dal m&J. bl Adminiltntm far Paticides and Tmdc
bil ditcntion. approve the w of tbe . llaMf'DCN. acept for l'lltarch ud
alternate matbod If be-bell diet the dnelopmat llnolYiat-lNt dlan·IGD
altemate dlapoNl method prcmdn PCB poanda of PCB matmal. C• Ndka
dutructioo eqwYalmt to dlapoaal ID & ffl~l)(2)). R.tq,anta far~ of I ffl-'O lnc:ilwats or a I m.eo blab ~ton to be ued ID -
dcitnCJ boiler ud w1ll not prNmt u flllaa mutbe labmitted ID
IIIU'H.IODAblt rtak of lDtv, to bealtll or appropriate a..-al Admb;u,tntor. 1111
tbe environmlDL Any approval mut be IDdDeratar tbaI1 wt al of tba
1tattd 1D writint and may contaJD aacb nquinmmta apec::USed ID parqrapla (a)
oondttiom.and proYi1lom u dtt (t) tbrDqb (I) of dtil NCtlon. ulae a
Regicmal AdmJniatrator ot Aaatltut w«!YW from dtlN requinlunla ii .
Acfmfnl•tntor for Peltiddtt ud Tma· ·obtamed pumaut to parappb (dXI) of •
aw,.tancee aema appropriats. '1'be ddl NCdoa la addition. tu IDcinarator
penoa to whom ndl waivw la iaaud. aball ... IDJ odm nquirlm.lmta.wbtdl •
(b) Non.JJquid PCB•. An IDdnerstor
ued far bu:mtratma nonliquld PCBI.
PCB ArtSclel. PCB Eq-aipluat. or PCB
Contamen aball be a.pptuved bJ tbe
appruprtate IPA bpoaal Adminiltrator
• the Auiltu• Admtnt•~tm far
hltic:tdu and Toxic 8abetucn
panuut .. parqraph (d) of dtil Nctlon.
....... ti ... .....,..i of lDdneratora to
be .... la ■an dtu OD1 npm ■-t be
aabmllted to dtt Aulltult
Adminiltratar far PNdc:td• ud Tmdc
SubltancN. mu:ept for rneudl and
develOptlllllt mvolYins Ina dtu SOD
pc'.!nda of PCB matctal (IN NCtloa
~ •. ,o(l)(2)). Rtqunta far apprvnl of
incineraton to be ued ID ODly one
Nii= mut be aabm.lttad to the
appaopnata llts(oul Admfnt ....... 11le
_IB (48) /62/ l-lednesdav 1 M2-9301 1983 13186
tDc:iDffltor thaJl JDNt all al the ·
requirementa 1pKifiecl ill paragraph (b)
(1) and (Z) of tJua MCtion unleu •
waiver from theH requirementl 11
obtained pa:miant to paragraph (d)(5) of
thit NCUoa. ln addition. tbe lnciDerator
ah.all mNt 1111 other ntqWNIIDIDtl that
· may be prncnbed pumwat to
parqraph (d)(4) of thil NC:tion.
• • • • •
(d) Ap~, .' lnt:ineraton. Prtar to
the indneradOll of PCBa and PCB ltmu
tbe owner or operator of an mdnerator
aball recetn tbe wrttta appron.J of tlae Atencr Relfonal Ad:mtni1tr1tar far the .
,esion 1D wlucb the blcmerator la
located. ar the A I 2 t Admmiatrltar
for Pllttad• ud Toxic SabltaDcn. Approftl frmD th Aaiatut _·_
l AdmbmtNtar tar JtNttdda ad Toxic
• SubetaDCN may be •ec:tM Ill .U -IPA np1111. 8ucb approwal IUll be
: obtamecl bl tbe followms mamm: -~
f (1) AppJJt;otioA 'n..,..... -. ~ opentoruall ..tiadt to .........
· Adllmmtntar ar tu Aallltaat .
. Adrntnt..,.._ • appllcatka wldcll
I -••nr I • . • • • •
(Z) Trial bum. •. , Follc,wiq rwcefpt of
tbe applicatlaa daacribed ID ,-qrapla
(d)(t) al tbia IKdaD. the Rflll«mal .
Admin11trator ar the Alai.ltut
Adm;ntatratcs far PNddda and Tmdc
Sabatecet lhall detcmim if a 111&1
bani ii rwqairwd ad aodfJ tba pc'IClll
who submitted the rei,art wbetbar a 111&1
barn ol PCBe aDd PCB ·Itmu mut be
conducted. 11w Rasiaaal Adrniniatrltar
ar tbe Aaliltut Admimltrltar for PNt:k:idill ud Toxic Slabltaaca _.,
raqmn th• aabmfNi,m al aDJ otbar
IDfmmatiaD that tbe RllpaDal
Admmistratar crtbe-Alultut
Adrntn;,.,.tar for Pntiddal ad Tmdc
SubltancN bu to be nelffllbt,
MCelNlJ. to detllnmDa the ... ,_.
trial bum. Sacll otbllr mfmmatiall ■hall
be Nttric:ted to tbe typa ol IDfarmaliall
requiNd LD puaarapb ldX1) (l) ~
(YU) ol thie NCUOA. · · -
(ll) If tba ~ooel Admtntltntar ar
tba Aaliltut Adml.Diltrltar far
PNtfdcS.t and Toxic: Subat■lal
determiul tbat • trial barn mut be !l1!d. the perlCID wbo nbmittecl the
riepart dncri.bed LD panarapb (d)(1) of
dlia Ndiaa uall Rbamt to the....,,...,
Adminl•btar or tb.e Aleilwat
Admtnt,~tor for PnticidN ud Tmdc
3ubewae a detailed.plaa fol
~ ud JDOmtoriDC the trial :,am. Al• etntm,n tba pl.a amat
iDd1lde: . . . •· .
(Wl Followma nceipt ol tba plu
wc:nbed ill parqraph (dX2)(11) of tbia
eecdOZI Iba Repm&1 AdmmJatnt.ar •·
the A11i1tut Admmiatrltor for
Pe1ticid11 and Toxic Subltance1 will
approve the plan. require 1dditlona or
mocWlcation1 to the plan. or diHpprove
the plan. If the pie ii dlaapproved. the
Regional Adminiatrator or the Alailtant
Admmiltrator for P11tidde1 and Toxic:
Subatancu will notify the pel'IOD who
submitted the plu of aucb dieapproveJ.
topther with the nu~ why tt ii
dlaapproved. That penoa may
thereafter 1abmit • new plan in
accordance with pvasraph (d)(2)(li) of
dlil HCtion. If the plan ii approved
(with any addidom or modiftcadone
which the RqtonaJ Administrator or die
Aui1tut Admin.tatrltor for Platfdd•
and Toxic Sabttancn may prnc:ribe).
the Rtpoa&! Admiml'trltor or tb1
Aelietut Admmiatntor far~
·ad Toxic SabttaDcet will aotifr die ,-.cm who nbmitltd die plan al the
approval. l1mnftlr. tbe trtal bam eb■II
tab place at a date ad ~ ID be
...... apoa.betwNII tbt Jl..-,.1
Admilliltntcwar tlleAlliltut
Adrntnfatntar for Plltic:ldle aad Taaa -lubltanall ad .. ,...... . ......... = .· -(I) Odw ----.111 addltlaa ID
die imonn■tfOII caatamecf JD the report·
ad pla deeaibed ID parqraph (d}(tJ
ud (2) of dlil HCtfoa. the Jtaatoaa1
Adminiatntor or the Aeliltant
Adminiatntor for Paddda and Toxic
Sub1tancn may nqan die own. or
operator to nbmit any otlMr
tafonnatlaa diet tbe.Jlapmal
AdminiatNtor or the ANiltant
Admfni1tntor for PudcidN ud Talc
Sabatancee ftnde to be reuoaably
MCIIIUJ \0 detanlullawlletbft UI
iDdnarator lhail be applOi&
,.__'nlabsiouJ.Mst :ri•will
MW.&ftilable far lftiN ud -,.CU. a
A.-, maaal catamJD& lllfcnaatloa aa ._...._ ....... ._.ailydaalpr11sd •
tar tlM.JNiiwta'I,...... at m.,a(a) (I). <•J. (1). ad (7'J ,-. aay odllr,u-••'tttl
• osy d t tne "I be -w-opalat& 0..... ..... -. ... ~_,....du
aaDUAl priarto-.-itlml U1 ..,.i
,....and1Dl"1A
(4) Contati ri/ A,+.o,aL Pl 1ia:apt u JIIV¥1ded ba ~pb (dXI) al tbill
..-ct1011. tba ~ Ad:mt.niltntar ar
tbe AmltaDt Admtntatntar far
Pndddea ad Tmdc ~ ma,
,DOt approwe u blclnlntor far tba
dl,poaa1 al PCB■ and PCB I...,_...,
-lbw that tbl mdalntar .... all al tiaa nqai111D1nta ol.-..,:apba (1) ad/
or (b) of th!uecdca .
(U) In addidoe ID 1M reqainlllatl ol:
puqrapha (1) wi/o, (b) al dait IICtm.
the Jlepaaal Admmiltrator -1M Almtant Adminiltrator far Plltidc:lla
ad TClldc SabttanllCln may IDdada ID•
approql uy otblr-r :~ that
the Regional Adminiatntor or tbt
A11i1tant Admi.niatrator for Pt1tKida1
and Toxic Sub1tances fiDda are
nece111ry to en1ure that operation of
the incinerator doee not prnent an
wu·ea1on1ble ri1k .of iDjury to health or
the environment from PCB1. Such
rtquirementl may iDclude a ftxed period
al time for which tbe appro•al it •aJid. -
(5) Wai"1tnr. An owner or opffltor of
tbt incinerator may nbmit mdence to
the Rllfonal Adml.Dlatrator or tb1
Alailtut Admimatrator for Ptttlcides
ud Toxic Subetuc:n that opanUon ot
the incinerator ~ not present an
anna,cmable rilk of illjury to bealth or
tb1 uvtroment from PCBe. when one or
more of the l'lqlUNlllaltl of puqrepha
(a) and/or (b) of thi, NCUon are not meL
0D the buia of eucb ffldanca and any
· other available mfonudoa. tba
bs'OD&I Adminietrator -tlae Aleiatant Adrntn1•"1tar for Plltlddes and Taxic
Subttanc:n may ill Ida/bar dilcnUcm
lad daat any Nqunmat al puqnpu
(1) ud (b) of tbia ■-:llaa Janot
MClllir, ta Jll'MCl apmal ■-la I rilk.
ad IDIJWUft tlae l'lqllir_ematl a U1J .
app,o,al far dlll ---.a. NII flndina and wafqr liDder tlua parqraph
mut be atated ill writina ud lncbeded
u part of tile apprOYal.
• • • • •
(J) Fillll/ .4ppro,al_Apptoql of u
Incinerator will bl ill writinl and aped
by tba Res(oaal Admilliltratcr or the
Alailtut Adrnin!atntar m Plllk:iida
and Toxic Subatancaa. n. ippronl
will atata all flCIIUl'IIMDtl applicable to
the appsovtd bacillerator. • • • • • ,. .................. ... w--••
L= • -
10PT'l-a0a TIIM'N.JICI-IJ
~ llpl\enyla (PCII~
AIMINnlntofttte
Authortty for ,ca Dia, iaeal
F and GukSanOe tar°'_.. a.,prollWI .
CI ■SIM llmrGamaDt&i Pl'DaJa
Afelt:'f(IPA). -
ACnON: Procedural llult Amendment
. ud StataMDt al Palk:J.
·-•"-n1I proaedmal Nie dalmae •va IN A•ltllllt Aclmiplltratar far httiddaa ud Tmdc SubetaacN
~t Admlnl•tratar) llldaoritJ a
appran c:erlaiD PCB d1,pou1 fadHtlll
which pnvioulr 1aave l"lquirwcl
approval from Heil Jles;anal
~r. Tb,t Aaaiatam
Admmiltra&or will bt tbt appronl
authoritJ far facilltin wbidl Will bt
131El
' '
FR ( 4 8 ) / 6 2 .' \..' e d:: e s d a·: , ~ r ch 3 0 ,-198 3 13182
ope!"lt.d iD mon tb&D ou 1'91ion. Tb1 ·
Jlesional Admini1tratol"I will continue to
have tbe authority to approve all unique,
ait .. 1pec:ific f1ci1Jt1t1 1uch aa l&Ddfilla
and ataUonary iDdneratOl"I, Tbt
R11P0Dal Admtnt•t:raton alao will
CODtiJ:nae to have the authority to
approve all nuan:b &Dd d1v1lopmmt
(R and 0) OD PCB d!apoHJ mat.bod,
lllvolvtq 1 ... tb&D 500 pounda of •
matariaJ. r11ardl111 of whet.be tb1
di,posal facility will be c,penttd In
mon tb&D ou 1'91ion. Thia amendment
lhcnald prvvidt bettu ntpcmtlVlllftl to
tbt need, of tbt publtc aDd IDdutrJ. lt
doet not cbanp &DJ •t&ndardl for
apprcmna PCB d!apoaal actMtiu. ID
addition. EPA ii provtdin, npplemental
pidance to uaitt persona applJinl for
app.uwal of PCB cl1,poea1 teclmolost• tlaat.,. altematfftl to lndDeratan ud W effldtmCJ boilen.
~ DATI: ?1lnt ammdmentl
-..Ubee&c:dffoaApa121.111S.
.. ....,.. NIOMIAflOII ODWTACT:
,-P. MaeartllJ, Otrtc:tor, llldultrJ . .·
A1utaDca omca ~,. Ofllce o1
SabltaDc-. IDWWIIWltal
Atccy, Im. &-IOI. 401 M SL.
ubiqton. O.C. 21M10. Toll frtc
(IOG,,42t IOU), ID W~ D.C.: .
(~HOI). Outaidt tbt USA:
(Operator 20Z 514-HOI). .,_. _,,..MY IWOM&AflON:
L ••odHk:atlaa 111 to en Pat 711
'ntle 40 of the Code of Ftdaral
ltqulatiou. Pvt m. which f'IIW8lU
polychloriuted bipbenyl• (Pal), bu
bee reoraaniud and rec:odifltd. Notice
:r! tu rwors&Di&ation &Dd recocWlcatioa
•FPHn 1D the Fedanl Jl.tpatar of MaJ
"· :sm l" FR 115%1). Thia nu, amtmdmeai uu tbt followtq uw dlcir• ttcma:
ca.. ·-· -·-· ... '" .. ,,.,,,. ---Q.1"1-...,Q.1711.21 ........ ,., ..
._.Ll711.• .... a.,,.,,,.,
.... Ll711At .... a.,"1.JI.
._.Ll711AI ._.Q.f7'1A
dilpoeed of in landfill.I or deatt-oyed iD
inc:iDeraton. or in b.i3,b effidency boilera
approved by EPA Regional
Admini1tratora in accordanc. wtth
•t&Ddarci, Ht forth in the rwH, (SN 40
CF1t m.eo, 791.70, 7el.7S). The rulu
al•o provide that peraon.t may obtain
approval from the Rqional .
Adminiltraton for altena tivt method,
of d11tro)'in8 PCBa if tba altarn.dva
method.I can ac:hirn a level of
ptrfomwica equivalent to EPA
approved inc:iDen.tor1 or bish ef!lciency
boiltra. ($H 40 CFR m.ao(e)).
R11Ponal Adminatraton wen sfvtn ·
tole authority to app~v• PCB dtaposa.J
facilitiu. At that t1me eite-tpedftc
technoloaiu, ,uc.h u inc:iDeratora,
boilen or t.,vtfilla, wvt the only
anilabl• mean, .of dbpoaq of PCBt or
uatroytq tbmn. 0unna tht put7Nl', 1n
particalar, EPA bu bteD NeeiYinl
appltcatiom tor mobU. and other tJpa
of dutnu:tiOD tedmolosiH that nq1lin
appr~,al bl man tb&D me f'llicm. ..
T" lmp.Utl llll.Dl.pmlllt of permit
procedwta far PCB diqoMJ.acUTt-. tba AdmmilU'atar bu dadded to .
tnufar tbl rmew and apprvnl
ntbority of mobile &Dd otber PCB ..
dlal)Ol&1 tedmiqun that an med bl
mon than ODI 1'91ion to tbt Office of
Pt•tiddn &Dd Toxic Subat&Dcll bl
Waahiqton D.C. Thia trmafer of
approYal authority ahould provide better
rnpouiVIDHI to tbt nffd.a of tbt .
public and indultry. Tb1 purpoN of tbia
amendment la to reduce the rH01D"CI
burden OD EPA and dftded part111 by
eliminatina duplication of effort in tbt ·
l"llfOD&J ofncet &Dd to unify tbt
Apncy'• approach to PCB dilpoMJ.
Thi, proctdu:aJ nut a.mt:ndmlDt dolt
aot cb&Dp tu AcenCJ 1t&Dd&rdl tor
approval of PCB diapoaal method.I. It
_..ly Rbtti tutaa the Aaaiat&Dt
Admlni•fT&tor lot Pe1tiddn &Dd 'raic
Subatanclt for tba Region.al
Admint1tT&tora II Al! •~al authority
for cattain fac:ilit111. Sinca tl1ia
procedural amendment maket no
. tubetaDUv• chanc• to tu exiatina PCB
Nie. no comment period la NqUired or
ucenu, for tbiJ nu-ma kina Th•
IL Back.paaDII notice and comment proc:echnt =der 5
Sect1on l(t)(l)(A) of tbt Toxic U.S.C. W art not applicable to
9ab1tance1 Control Act (TSCA) reqain9 prpctd.un.l rulea. ThtmOJ"I. tbia .
tbat EPA promultate ruln for tb1 amendment becom" elfKtive cm April
:llll)ON.1 of polychlormattd bipbenyla 21.1983.
:,c:Ba). The ruin iznplementm.a atctioa Tbt pnambl, to thit rule alao
,Ct)(l)(AJ wen pubU.bed iD the Ftdlnl prtaantl pneral notice of auppla.ment&l bslstar of May n. 1979 (44 FR 3UH) pid&Dce for fudiinl whether &D
and recodilied lD tbe Federal ~ of altamative PCB d11truction method
'day e. 1912 (47 FR 19SZ7). (See Unit 1 of · ahould be approved wider 40 CFR
:Ida preamble.) Thoae ruJ11. amona other 711.eo(e~ Thi, pid&nce hu bee
Jdnp. ,-n1rally requin that nrioa, pnarally UHd by rttion&l
:,pea of PCBa and PCB Articlet be •dm!nt1traton in the peat md_la
pruanted to aui1t applicanta i.n
1ubmitlin1 uHfuJ information.
m. Approval Authoritiet for PCB
DlapoMJ ActMtiee
The followma pan1nph11pecify the
approval authority for variou1 dupoaal
activitiea. However. at the diaaetion of
tha Aui.Jtant AdmiDiatrator. an
application for approval may be
uaigned to another office i! the
application appura mor. auited for
nview in an office other than the one
1uaeated below.
A. Landfill,
Landflll• for PCB matmala will
continue to be approved by the Regional
Admtnt•n-a l0l"I.
& Slat/0001'1 ad Nobw lrlt:irwvlOn
Tbt operattoD of •tatiaaary
mdDeratora wili be approved by tbt JlesfOD&l Adminiatratora. Mobile
IDc:iDeratol'I ud ltltlOIWJ mdMntorl
elideDtical deaip that.,. iDtmded to
bl IIHd 1D more tb&D oaa l"llfoa will be
:'C,~tra~ ~:!..an:h ud
dntlopment blvolvtq leu that 500
poad.e of PCB matm&J (NI Pvt D of
tb1e amt). n, Auiat&Dt Adminiatrator
. may iaeue an approval that will be
tffecttv1 iD all tan EPA J"lllOna.
C AJi.moi. M•tltocb
Tbt txilt:1.na PCB reruJation.t provide
for tbt approval of method.a whic.h an
altenitivn to 1Dc:iDtrat1on. Alterute
met.bod, that an 1tationary &Dd unique
(lit.-tpeci!c deaisnl will be approved
by the appropnata Rqion&l
Admin.iatrator. Altarnata'methoda that
an mobile or will be ued in mor. than
ODe l"ISion wilibt approved by the
Al•ittant Adminiatrator, .,cept for
n11an:b and dtvalopme:it i.0volvtq lua
than &00 pound.I of PCB m111-..~al (IN
Pa.rt D of thit llnit). Tbe A.aat&Dt
Adminiatrator may lane an approval
which La effective ill all um EPA l"llfcma.
D. Rn«ur:il ond DnelOFH11t
'nlt EPA Rttfcmal Adminiatratore will be the approval authority fot R and D
into PCB diei,osa1 method.a. rwpnilesa of
tha type of met.bod. tbtt ut 500 pound.a
total or 1 ... of PCB-contaminated
material. Dlaposa1 of mol"I than 100
pound, of total PCB ar PCB-
contaminated matfflal for Rand D
purpoee1 will be reviewed &Dd approved
. by either tbe Auit&Dt AdmiDiatrator or
&D appropriate Res!on&I Adminiatrator
baaed OD the princpln Nl out in A. 8.
C. and E of tbiJ unit of the preamble.
!PA aotn that R &Dd DOD PCB dilpos&l
la 1"11W1 ttd UIUII tba diaposa.l NCtlona
,cf the PCB rule. SN unit V of th1a
preambl .. , ... a.rcb ud Dnelopmet•
• for I mort complete explanatloa.
&Oth.r,
lteq_uHta for app!Vftl of dltpaNJ
facilitiH that are not covend ada A.
B. C. or·D above should bt Nill to tM
Aaailtant Adminiatrator. If u applic:ut
la IIDIUl"t about whtrt to ,ubmit •
rtqUllt. it abcN.ld bt Nill to tile
Alailtut Admmiltrator. 'nlt Antltat
Admtni•ntor wtll u,t,a tll1.""1ew ·
ud appn,nl autborit)' for thtN.
cU,poN) fac:tl1tin to the otllm of
PnUc:i• ud Toxic SubttaDctl or dae
appropriate Resfoaal Actmtnt--tm.
IY. lupp' m 1atal r-gfd,., . · .
Sec:tioD 40 Q'll 711-'11 of tbl PCB rut
prcmdN c:ritaria ud ~ lar ..
apprvwal ot lDduntan. • en ·.
m.lD(aK2XW) prcmdal c:ritaria rar ...
a,proval of hip lf!lc:ia,;:, boi&ln.
11mmal daltnaclioa ..... ,,,,.,,... ~
·-cmaply aacdJ wttla... . . p,ma1oaa ot • en 11U1.., • · ·
~u'9d .mdlr tbe wamrpruflilaa rl
tllat NCdOll (40 CFI m.,a(d)(I]). Ill
addltiaa. demlcUon tecb...,,.• UJ mo bt app.uwwd --... altamatlft tec:hno1.0lia NCUOD of tbtl'CI · ·
,_.Jat1cm (40 en "1.IO(•lJ.
ltetioa 40 CF1l 711.10(1) clOII DOt
pro-,tda lpld.ftc ,aid&ace CIDDc:mniDi die
'JPN of blformatloa tbat IPA r,qairN
to l"t'ritw alttrnatfw dt,poaal medaodl.
'nlenm. IPA ii taldaa dlll
c,ppartumty to prmd.t tbSI pklance, · na. followq ,akl&DCII ii appllaable
to voet altamate PCB d1,paeal
actSviU-. lachadins Rad D. Rt-, be
mocli!ed u appropriate to die lplCilc
activity at tbt diaawtloa of tba ReslGMl
Admlnt•traton or tbt A...,..en, .
AdmimltNtar. All.bouth aat •tecl--.
ait.eped& coneideradau aar .i. be
brmlnd ill UlJ PCP dilpuNI fec:iUt,
approyaL
1. n. owur or operatar of-,
altarnate method lboald aallmit 111
appUcatioa wbidl CDDWU tba l.allowiDC
(if applicabla):
(l) Name. addrwu ad pllaae -her
of tht unit'• prmc:ipal ffl:IMpr,
(li) 'Iba location oft.be fac:iUtJ wbaw
tbe uit wt11 t,e tnttd and tu focaatoa
when the alt wtl1 bt 1tand 111d
NfflCld wbaD DOt 1111-,.d bl INtma,
(W) A detail.c! dnc:rlpticm of Iba alt IDdudlDa pnera1 plau ad dalp
dnwtnp. .
.. (lY) All aaatnNrlna npan ar adlar
mformalioD on tu uttdpated
performance of tht u:DiL
(v) A Nmpliq plan and qallty uauraa plan. illc:hadfna eamplma &
monitorina tqmpmant and aftilable
fac:ilJU.. • '
l3lc3
(vi) Wut.t volumes u :pected to be 1ovamment, within wbou j'Jriadi ction
bandJed. procesa destsn capadty, tht demon,tntior:r it to tue plac:9 ,
proce11 control rtqent-to-w11te !Nd 4. Followm, receipt or the procesa
ntioa. and Mitty ftatw'ff. demon•tration plan. the Auiatant
(vti) Any local. State or Ftdera.l Admi.ni1tr1tor or Regional
permitl or approvala. Adminiatrator will approve the plan.
(YW) Schtduln and plus for nqu.in additione or modification, to the
aamplJinl with tu lppn,Yal plan. or diupprovtt the plan. I! the plan
nquirem.ratl. it diupproved. tht EPA will notify the
(ix) A a:mttnpncy plan which person who aubmitted the plan of auch
dnc:ribn ltepl taken ID cue o!proce11 di11pproval. totether with the ruaoru
failure. spill or over!low. why it i, diaapprovtd. That r,.non may.
(x) IDvironmlntal Impact. lnchadin1 thertatt.r. 1ubmit I new plan in
proceu tminiom. toxic:it)' and diJpollal accordance with para,raph 2. above. If
of Pf'OCNI producta. lita rtlatiomhipa. the new plan it approved ('Nith any
_ud •• taken to protect tbe haaltb of additlona or modificatione which EPA ~~ NCtipt of tbt applk:atioa. maJ prttc:rib9), the EPA will notify the
IPA NJ detmnint tbat 1 _ ptnOD wbo wbmittad tu plan of the r~ approval.11wrtafttr, the proceu
·c11mona1:rat1oa ii raquirwd and will demo111tr1tion. II DecHaary. lha1l tab aot1fJ tbt pll"IOII wtlo Rbmittlld lilt place at a date. lima. and locatlml to be ~onal~=~:. qrNd upon b.twND ~• EPA and the ....._oil of U7 otbtr mformadoll dlat penon(•J wbo eubmittad the plan. The
.. IPA !adl to bt rttlOD:lbJJ . .,,,omen• mu,t 11tlafy a11 ·. applicable rtqWZ'IID,IDta of 40 CF1l Put •11•UJ.: ...._ die wd far• m. aDd 111PPl1 ADJ othm peatiwaal data Pl'OOIII _,aiutradoa. lam odlilr dlat uda EPA ill-'-'-'• dine lafanaadaa allall bt IWCnct8d ID die •••---.
....._ of baforma_tiaa nqcdftd bl ..... · . · Jl'C CHW "'..-I. flle Alllltant Admimltratar or lllillill IIPS: llcdoa. All pq1t oanfltntn,-• • lastonal Admtrria""ltor wtl1 pat or =llliij lafcamatiGll aboakt N .J-al f L.lf ---1 '"CONPIDmAL.• Dommtnta uauJ approv or 11oW -• operation bued on • ~•v• rnww of tbe wwbd eccmd1DglJ 111111t bt trNtad bJ application packqe. damo111tration lbt IPA u Conftdentl&l ButDNe rt1111ta. and other IUbmitted information.
la.funldon. IIDlta I dtteradnatloa to AppronJ, for operation will contain
._,. die daim of coalidtatlalitJ bu ---' •' conditimu. ii EPA llnda them bNa made bf tbt GeuraJ CoanNL ID •.--addttfoa a ~dmtla Yenion ol UCIIIU)' to provide euffldent
tu li&bDNioa t, reqwnd 10 that I protection to human health or the .
oopJ of the appUcatlon ii aftilabla. If 111~ni:!:~ for approval ~uat be NDt
MldecL for public rnitw. to tbt Alliltant Adminiltrator for
11w followtna informatloa lhould bt PHtld~._, IIDd Tmac Subatuu• or tht
abm.itted br &:'8 wbo.,,. ubd to appropnate Jlesioaal Admini,trator. The
dlmoutnte proc:eN for tbt proper ntflc:ial can bt d1ttrmintd unde r ~~= =:' wtuda wm 40 Q'll iot.10(1). and m.,o (a) and (b)
MJp the ~ omc:iala dttarmmt ar under A. B. C. D. and E in wut n of
Iba Mfety and afb.-i.fftCY of the prac111. tlu.a preamble. AddrnNt for then
(I) 11le ttma. date. IDd locatioa of die omdala art lilted u rollowr.
PfOCIII demcutratkm. Documeat Control Officer ~"83}, 00 The quntitJ ud type of Pele and Of!lce of Toxk Subltuca.
PCB ltamt to bt procnMd. F.Dvi.romMntal Prott<:tioa Apncy,
(W) 'nae~--to be moaitarwd Room &-401. 401 M Strfft. SW~
ad location of eamplina point&. Wuht.natoa, D.C. Z04eO
(lY) A NJllpliq plan and. qulftJ . ·---t
URraDCa plan. tndad1na NJDpliq ___.
hqQIDCJ md metbodl and ICbadalN (Cotut«:tk:uL MaiM. MauacltUMtu.
:far 11mPN IZl&lyeia. H.w H~ Mod, Wand.
(Y) The Dame. addrNe ad Vennaat/
quall.Scatioa, of pert0DI wbo will ,wmw tbt maJ,ucaJ rwaltl and othar 1-sfonal AdmJ.niltNtor, Jt.esioa 1.
per1i:DeD\ data. and wbo wtD pafutm a F.aviromuntaJ Protec1ion Alffley,
lechnical naJu.atioa of the etrted•ii ar Joha.J'. Kennedy Federal Buildina.
of tha pl"OCfte demon.stratioa. Bolton. MaHac:hUNttl 02203
3. At 1eut thirtJ (30) days prior ID a..-1
condac:tinl the proceu demomtNtlaQ. ~.., '•-, N#w Yori} the 0W1itr or ope-a tor ol tbt praceaa •• ., ,--,,
lhould sfve written nob of tbt Jt,,ponal Admmi,trator, Resfon %.
damoa,trattoe to tha ltata md Jocal IDviroamentaJ Protection A,1ncy, 29
FR (48) /62/ Wednesdav, March 30, 1983 131 8.'..
Fedlftl P1ua. N.-Yon. New York
10Z71
Jt..-1
(O.Jawon. Di1trict of Co/U111bio.
Mar,Jand. hnMylvanio. VJrsjmo. Wat Yu,inia) .
llttfanal Adminiltrator, llttfon 3. -
Eavironmental Prottctic:.=,·1t1a
and Walnut Streets. 111,i
Pmmylvama 1noe .... ,
rAJabarno. norida. c.o,,,ia. K«ttut:q,
/rl.iMiMippi. Nolflt Corollna. South CaroJina. Tan..._)
llttfoaal Admin!Jtratar, Jletjoa f. ·
·.·Eavi.romDaDtal Protec:tion Apaq, Ml
Coar1iud StrNt. NL Aduta.
Qearstaaea
!I II :el
: (11Jinou litdlana. Mlchipl. Nlluwoltl.
•· Qluo. W~ullt) .
lesfoaal Admmfltratar .......
llmraameDta1 Protec:liGD ,..,., ••
bdl Dearbom Snet. Qfclp
ll11Doilaot ......
-v. Jtwuda ud Dw,w ; nat Utifet1on I.Nu" an rnolved and the
RCRA rqulatory impact 1naly1u are
completed.
VU. Euc:udve Order 1%211, P1perwork
lleducdaa Act. ud bswatory
rluillility Ad ·
JleNarch ii an i.Dvt1ti,atiOD to
dllcover or NViH facta or tbeori••· ne
pnNDt PCB rw• authonua tbe uae of
PCBa for R and D ac:tmtia ti the PCBe
.,. packqed In 5.0 ml ccmtainen and
ued for ICimtific experimentation or
uaJyaia (40 CFR "1.30(J)). ~. R Under Executive Order 1%291. iuued
ad Don di,J)Ol&l method, um, PCB, Febnwy 17, 1881, EPA baa detmnmed
bl aDJ other form comtft\atn di,l)Ola1 that thia amendmsnt to the PCB Nle ta
ud la NIU,lated Uliq the cU.poaal not a "major rule" H the term ia defined
IICtiozl of the PCB nale (40 CFR m.eo). bl NC:Uon l(b) of the Executive Order .
Ill tome CUH. coml)'Din ha" • , 'nlenfon. ao ResuJatory Impact
oonduc:ted Jl and D OD PCB di,poNl Aulyail baa been pnpared for thia
wttbout the appropriate EPA nsfon'a amendment. Thia flDa1 rule amendment
awuaeaa of tbeir acttvitfea. F&l.hn to wu ,ubmitted to the Office of
obtam prior approval from EPA !I a Manapmat and Budeet (0MB) prior to
Yiolation of tba PCB diapotal pabUcation bl the Federal bptar. ·
Nplatiou. PlnoDI alrudy "'I pd ID IPA hu detamiud that the PCB dl,poeaJ raeuda that II DOt ·· . applicadcm ncr,urauDta far the
. pmmtted panaut to«> CPR 7l1.3D(J) approval of PCB dilpoaaJ ac:ttYtU..
Imel DOC Apptv♦ed bJ tu &ppiUS4wta ooa,Utata a ,.c:ollec1ion of lnlormation. •
IPA llttfcmal Acfmtnt•trator malt CUN . a, clabed bl tbe Papa wozk Rachaction
dlat rlNan:b wl obtlJD IPPNft1 Irma Ad (JIRA) ol t-. tt U.S.C. JI01. n... tlaeJllsioaalAdmimttntarW... . ncommenctna tbeu NNIZ'Ch. . . . . nqcdrmuntl an Nt oat bl«> en ·
l;PAncartnt tllat Rad D ,-...,. ·= =:!.-:t::::S ol~ ~ ru.
•tbada of Pel cU,poea1 II dairabla. To .... _ RhmfHioa ol '-1--.,_on to EPA obtam aPll'Oftl to -PCB matlln&ll ID -___. .. tpWld~ nf!ldm to dneJop new dlat ir MC'Nll1'7 to dlltermiDe tbe
clllpoMl mttboda (L& fflr LO 1111 JICBI). capabilities ud nab ueodated with
(Aria, ..,, Llluwfllla. Nnr Na.Joo. wrcben mv.at apply to IPA Uld PCB dilpolal ac:ttYtdn. Thia tn!ormation
OldaJ,oma. Tatu) ncma a Jette of autbamadcm befart la DICNNrJ to iDaw-9 proper diJpoaal of
llttfoul Adm1Dia1rator, Jleslon e. . besimuDI tbetr raeucb. To die extant PCBI wttbow P0linl an annuonable
Eavtromnmtal Protection Apnc:y, poaaible. all appllcationa liR,uld caat&in rilk to lraman health or the enviroamenL
Ftnt International Buildiq. 1201 Elm tile tn,ea of infonnation requind bl mut lnfonnatfon collecUon raquiremcnta
&tree• Dallu. T 75270 m of thil pnambla and 40 CFR '11.70 of contained In thia rwswatton bave bNn
• · ex.u tile PCB na1a for approval of PCB approved by the Office of M&nqement
.,..._ '1 di.tpoN1 f.ac:ilitfn. and lhadpt (0MB) under the proviaio01
(Iowa.~ MiMouri. Nebtmlul) VI. TICA 11111 aCllA l'lmdll of tba Paperwork Reduction Act of tao. tt U.S.C. S801 « Nq. and bave been Relfonal Admimltratar, Jleslon '1,· · PCB dl,poM1 fadlitJ pemitl .,. Uliped 0MB ccmtrol nmbtr 2070-
Eavinmmental ProtacUon Apncy, SM putad 1mdar the aatbonty of tbe Tmc 001L
Eut 11th Street. Kania, Qty, Sabetulcn C"JJDarol Act (TSCA}. 'n.. _ Tbt Rep!atory F1mbWty Act doff
Miaaoari Mloe majority oftbe huudou wuta not apply to Nin thet do not Wlderao
Rapaa a cll,poMl permita U'9 puled 1IDder tile "Dotfce and comment" under NCtion
(Ca/orodo. Montana. Norfb Dalu,,& • lllource CaaNrYattoa and lleco••l'J IIS(b) of tbe Adm.tnt,tratfve ProcedW"I
SoutJi Dtwta. lJ_taA W,rami,,&I :: ~~l:,1~ ma:ura:u. Act. OIUf other Jaw.
Jlesicmal Adm.inlstrator. Resfon.. controlled Wldat Heb of tbae ttatuttt. vm. l&atutarJ Autllarity
Environmental ProtacUoG AancJ, tile """1ati00.1 pnN12tly require two
1180 UncolD Street.Dernr, Colorado llldiYidul pmmita. EPA utic:ipeta
l0Z85 mttsratiD& thne J'9111,lat1om and ii
c:mnntly maJi.m, an mtmsal a1fort to
..... I .u,ve that buardom and toxic wut1
(AriatJna. CaJlfomia. 1llrwa/J. Nnoda) dl,poM1 pennita CODtam tM tame -,atial ccmditfon.a. lltpmaJ Admimatrator, Jlesfoa I. n. TSCA nun for wutt PCBe ban Eav1ramDental Protection A,mq,.m --~bl.,. _, __ 1111 __ .. ~
FN:moat Street. San Frandac:o. -.,..ce -arn.1 .,. · well andantood by tba reswa C&11fomla M105 wwwmdty. A. of th1a wrttmt, tbe lCRA
&a,paa 11 ra1n.,. tbt tubjKt ofpcndla,
'AlOU4. ldallo. n-.. w,--J.:-,on' l1ti,at1on. In additiaG. tile RCRA nala ,. ............. ---. , .,.imdersoin&camprahllmtn
Jlesfcmal Adminiltrator, Jlet:fon 10. nplatory impact aaalJMt that may
IDvtromnental Protection AaacJ, nsult bl a aamber of rwrw.alOl"J
UDO Ith Annua. Seattle. Wuhiqtoa ammdm.ata. morta to mttsrate the
11101. ra1n will rmm.t &ftc the major aCJt.A
Under NCtfon l(e) ofTSCA (U U.S.C. .
aDS), tbe Admint.atrator muat
promuJcate na1H to prncnbe methoda
for the dilpoNl of PCBa. The
Adm.tnt,trator alao baa tbe authority to
amend or modify the Diltina PCB
dill)OMI na1H (40 CFR Part 781).
publiahed In the Federal Jlesiltar of May
31. 11'71 (tt Fil 3151'). and iNue
procedural nun and policy 1tatem111ta
reprdiq the dilpoaaJ rwrw,ation■•
Ult ol Subjecta ID• en Put 111
Huardou, matariala. Labelinl,
Polychlorinated biphanyl.a. Raportiq
and l"ICOrdkNpin, requirement.I.
Eavtronman t.aJ protection.
' l
'
Datad:Mat=n.t-.
,. W. Pen rt Jr~
A&ti.nr Adzni.n.utrrlt.or.
Therefore. .a CB Part m ii
amended u followa:
PMT 7'1~ YCHLOR1NATED :
91Pt4EHY\.S (Pe8at IIAHUFACTUfllNG.
PAOC£SSJNQ, DISTRIBUTION IN
COIHIERCE. AHO UI£ PROHl8ITIONI
·1.1n t m.ao puqrapb (t) ii rniMd
and parqrapba (I) (1) &Dd (2) an added
to raad u follows:
lllblw!D --.w1011pw1
1111.11 mq1u,~1 ••• • • • • •
mut comply with all Umitaticm..a
contained in euch dttermin1t1on.
• • • • •
(I) Appro-ral authority for di,ptuo/
1Mtltoda. (1) Tb1 offlc:ial.t Clh• Al1i1tant
Admin.iatntor for Pe1tidd11 and Toxic
8ub1tuac:e1 and tht Jlesion&l
Admini1tntor1J d11isnated in II m.eo
(t) and m .10 (1) and (b) to rteeive
requnt, for approval of PCB dllpoaal
activiti11 1tt th1 primarJ approval
autbont111 for thtN actMt11a.
Notwith.ttuadina. tht Alaiatant
Admi.Diatntor for Ptaticid11 and Toxic
Subatancta may, at hil/har diacretion. uaiF tht authority to review and
appron uay upect of I d1lpol&l l)'ltam
tD the omca of Pntic:ida and Toxic
9ubttucn ar to a lasioa1I
Admmtatrator.
(ZJ lxclpt for acttTlty adw.dsad
--• 7'IU0(j). !'INudl uad denlopment (Jl uad DJ into PCB
dl,poMl method, llliq ■ IDtal of.._
dlu aao pound, of PCB material ·
(reprdlNI of PCB caoc:antioa) wtl
13185
.
may be pre1crlbed pursuant to
paragraph (d)(4) of thi, 11ction.
• • • •
(7) At a minimum monitorina and recordina of combU.1t1on produc:ta and
incineration operation, tha.1l bt
conducted for the follewtna paramett1"1
whenever th, iDcinerator 11 iDcineraUna
PCBt: (I) 0.: (li) CO: and (W) CO. The
monitonq for 0. and CO shall be
c:ontinuoua. Tbt monitonq for CO.
aball be periodic. at a fnquency'
,pecifttd by the Jtesion&l Ad.mini,trator
or Alalatant Adminiatrator for
Pt1Uc:id11 uad Toxic Sub1tuace1.
(I) 11w now of PCBa to the lnciDarator
thall atop automatically wb1n any one
• mart of tAt followtq CGDdit1cma
occur. anlNI I c:aatiDpllq' plaD II
Mlbmitttd bf tbe tDc:ln.erator owaar or
operator and •PPIOtid bf tbe 1111ima1
Adminiantor or Alailtant
Admim,trator for PNticidel ud Toxic
labltucN. ,,.. CDlltUIIIDC1 p&a
IDdicatn wbat altemam...,.. tlM
lm:marator owur or operator 1fOQld
tab II llfJ of tbe follow1Dt CDDdltlaal
(e) /vrr ,._ wllo It 19qand ID
-=mante U1J PCII IDd PCB 111111
.-thia nbpan ud wllo ca
~ta tbat Ul aJtamatfYI adaod
ti dnboJilDa PCII ud PCB ltMu autl
-tbat du altamattYI atdaad GIil ~ a lnel of ,-farmam:a ·.
~tolm-'UIDdDlratGfl• Wsll .ma..., boGlr'I u 111owlld la
parqraph (aK2)(1Y) and (aXJ)(l•J of 11111
IIICUOG. may nbmit a wrtltlll nqust tD
■daertiae Reponal ~ntar •die
Aatatant Adm.lni1ntor for Ptatiddn
ud Toxic Subetancta fot ua sumptiOD
from tba mdzltratiOD rtqlW"IIDClta of
. • rmew9d ud app;oved by tbe · •
eppiup;wte EPA RestonaJ Admin1111'ator
ud rnaudl ed developmat uma 8GD • oacar.
• • • • = ar more of PCB matarial
rtprdleu of PCB conceantiall) wd1
bt rrriewtd by tht approval authorititl
Nt out In 11 m.10(1) &Dd 711.10 (a) ud
(b). .
~ ID I m.ao bJ rmaiq tht
batroduc:tory text of parqraph.t (a) ud
(aKIJ, paragrapba (1)(7) and (9). tht
IDtroductory taxt of parqrapba (b), (d)
ad (d)(l). puqnpb (d}(%) (I) and (W).
1be introductorJ text of parqrapb
(dXZ)(ll). &Dd pvqnpb (d) (3), (4). (I)
ud (1) to rud u follows:
I m.10 ot I m.eo. Raqunta for
appronl of altamata methoda tbat will
be operated in mort t.b.ua ODe rapoa
muat be tubmittad to the AlliltUlt
Admlnl1noator for Ptaticidta ud Toxic
~ except for rnaudl and
denlopmtt• tnvolviq 1_, t.b.ua aao
pound, of PCB m.aLtrial (Ne parqnpla
(1)(2)). R.eqv.e,t, for approval of altamata
.. thod, tbat will be operated bl ODly 1711.11 II Ill& I I •
cme rasf on a:ni,t be ll&bmiu.d tD die (a) Liquid PCB,. All badnarator utd
appropriate Reponal •ctnrin1~tor. 1'a for IDl:bMntma PCB, abal1 be appauved
applic&Dt mu.at ahow tbat b1a •tbod of . l,J ua EPA llepoaal Adminiantor or
datroyin& PCBe will not prNIDt u t11ie Allilt. :.t Admmi,trator for
ameuonabl1 nu of lntui,' to bealda • PNtiddet and Toxic Sub1t&DcH
tbe environment. On tht taauof ,acil panaant to ~ph (d) of th.la ~OD.
tnlormadon an.d any availab1a a.qusta for appro'Yal ol lAc:maratorw to
in!orm.a tion. tht Rational Admimltrator bt llltd In &nor1 t.b.ua one 1"111= mut bt
• Aamtant AdmbaistratoE.lm lllbmitted to tAt Aui.ltuat
Pntidd" and TOldc Sllbnaw ma,_ la Adzntntatntor for Patiddea ud Tmdc
bit di.lCr-ttion. approve the ue of tbe . lubtt~ncea. except for rNtarch &Dd
altamate med1od If be-bda tbat tbe dnelopmmt 1DYoh1q· a tban· IOO
altemata dilpoaal autbod pro'ridN Pal poanda of PCB matariai. (Mt Ndioa
dNtru.cUon tqUtYalent to di,poMl ID a ~1)(%)). lltqusta for:[= ol I 781-"0 ln.ctnatat.or or a I m.ao hip IDdDaratora to be ued in ..
effldccy boiler md will DOt pnNDt u f8liaD mutbe labmitted ID
ameuonabl1 rtak of iDfwJ to bealtlt • apprupnate Jlewiocal Adminiatratac. 1'e
tbe e!lvironmeDL Azl.y approval must be IDrlnetatar abail wt al of tba
1tated ID WTttiq and may contafD llldl rtqlW"IIDCltl ~~ in p&r1.1r1ph (1)
oondJtiom and pro'11lona u tht (t) thruqh (9) ol this NCUon. w... a
Regional Administrator ot Aaailtuat waiver from thtN l"lq\W"lmeDta ii .
A.dmini.ltntor for Pntiddta aDd Tmc· ·obt..liud pumw1t to pa.rasr-pb (dXSl of .
hh.t.a.Dctl aeema appropriata. l'bl tbia Md1oL Ia addition. tba lncinaratar
penoa to whom web wasvm la la.ud. ab.all IDNt any othat rtqlW"IIDCl~wim:h •
(I) Watar ■cnbben llaaD bt aid for
HC CODtrol dw1Jli PCB im:bmat10D ed
ahall mNt any performance
Nqmrenwltl apedfttd by tbe
appropriate EPA Jltsioaal Admmtatntor
or the Alliltuat Adminiltrator for
Pnticidta and Toxic Sobetancn.
Scrubber effluent ab.all be momtorid
and ab.all comply wttb applicable
et!luant or pmrutment 1tuadarda. ud
any other Stata ed Ftderal lawa ud
replatioDI. All altamatl method of HC
coatrol may bt uNd II tbe altamate
method bu been ,ppru,ed bf tbe
Jltsional Adminiltrator or the Alailtant
Admtnlan-ator for Ptatiddel ud Tmc
Subatucu. {Tht HC uutrali.linc
capability of cement ldlm ii coalridrtd
to be Ul altematt method.)
(b) Nonliquid PCB,. All lndn1ntor
ued for mduratma noaliquld PCBe.
PCB AnidN. PCB Equtpmat. or PCB
Contatnen ab.all bt appaoved by dw
approprtatt IPA Jtesioaal Adminiltrator
or the Auittant Adzntnl•trator far
PNtiddea ad Toxic SubttaDcet
pumaaAt lo puqraph (d) of tbia NCtion.
Reqaeeta -app,oq1 ol IDdMraton to be ...S Ill IDOl"II dwl oae npm mat be
aabmlttad to dat Auutant
Admimltrator fw ftNtk:tdn and Tmdc
kbttaDcet. uc:ept for rnevcb and
development involwq la, titan 5aJ
pc-~=dl of PCB matartal (Ne NCtion
~ .. 'j()(l)(%)). Requnta for appronl of
ln~uaton to be a.Nd In cml-, ona
rtsiOll iDlllt be tabmitttd to the
aPJl90Priata lltSfaaal Admtnttt:Nltor. n.
Incinerator aball lDNt all al the
requirementa 1pec:1Bec:I ill ~ph (b)
(1) and (2) of thia NCUOD un1 ... I
waiver from th1H requinmtntl 11
obWned p,n11&J2t to para,raph (d)(5) of
thiJ NCUoa. ID addition. the mciDerator
ahail mNt any otbff !'eqUiNmata that
· mar beprnc:nbed puma.ut to
parqraph (dK4) of tbit Nctl•
• • • • •
(d) Apprrmll •. ' lnt:iMraton. Prior to
tb1 indzwatioa of PCBa &Dd PCB ltema
tb• owner or operator of us mc:meratar
aball recetn tb1 wrttta appronJ ol die
Apney R.esfonal Admlnjstntar for die
l"tliOD ill wlucb the bacinerator II located. ar die A I i t Admmiltntar
for PNddd• ud TDXie Sablt.lDIIN. Approftl fNa tuA.Niatut .·.
l AdmmiltntarfarPwtlddeewlTaxlc ' 8ubstaDCN.., be .Ktfft ..... _
IPA npma. 8ucb app,cml IMll be
. obtained m tu foUOWU11 aunr. ~ ; (t)Apput;alioa ,,..,..... . .
~ oparataruall Rlait IO die 1 ...... 1
. Admmistr'ltor -tu Almtlat .
. Admim,.,..tar • applk:at&a wWda ,_,_.
I • . • • • •
(Z) Trial bum. •. , PollowiDI rwcefpt of
Iba ai,plicatiaD da9c:nbed iD ,....p1a
(d)(t) of tbll NCtiaa. tbe Rfllk"Lll .
Admini•tntor ar tba Allilt&Dt
Adminl•tntar far PNUddel aml Tmdc
Sabtt&Dcet aball daurmdm if a trial
barn ii rwqmnd m.d aotifJ tba pclGD
who submitttcl the Npart wutbar a tnal
barn of PCBe aAd PCB lllml mut be
conductecl 'Iba Jllsiaaal Admmiltntar
ar tbe Aallltant Admim■tratar for
PNtiddel ud Toxic Sabltuma may
raqmn tb• •••"'-' ot 11111 otbar imormatiall that tbe RlliaDal
A.c:tmmiltratm crdw AuilWlt
Admtni•tratar far Pntk:ldal ad Talc
Sl&bataDCN bda to be ,.....w,
DKHMl7. to dNrmina the ... far.
trial bum. Sada othar illfanutim Ml&D
be Nttz1cted to tbe types of IDfarmatiall
NqUirld lA pan.,_pb ld)(t) (l) lbroap
(YU) of tbia NCtioa. · .
(li) If tbe Repaaa1 Admbdltntar -ma Aallltut Admmi■tratar ,_
PNtlddet ud Tmdc SuHtal:el
daterml.DN that • trial bam am■t be
!atld. the penoD wbo nbmit\ld tba
report date:ribed ill penarapb (d)(1) of
du.a w:tiaD IMll Abmit to the 1..,...,.1
•dmintttrat.ar ar tba Aautut
Admlnt1h'atar fo, PNtiddet ad Tmc
Ju.be~ • de1.ailed.plu fm
~ aad moDitoriDC tba tz1al
~ N. a mtntnmn tbe pi.a WI
iDchada: . . . •· .
(Wl Followma ncetpt ol tbe plu
wc::nbed m ~ph (dX2Kli) of du
...-tin~ the Jl.epzal A.dmimatntar •·
JO 1983 13186
the A11i1tut Admmiatrator for
Pe•tic:idt1 and Tcwc Subatancea will
approve tbe plan. reqwre additiona or
modi&ation• to tht plan. or diaapprov1
tha plan. lf tb1 plan ii diaapproved. tbe
Resional Admini1tntor or the Atai■tant
Admintttrator for Pa•tldde• and Toxic
Sw,•ta.ncu will notify the per1on who
submitted tbt plan of IUCh diaapproval.
toSethtr with the reuo;,., why tt ii
diaapprond. That penoa may
tbereatter 1ubmJt • new plan in
accordance with parasraph (d)(Z)(li) of thia HCtion. If th• plan ii approved
(wttb any addition, or modification,
whJch th• RqionaJ Administrator ar die
Aui•tut Admimstrator for Pnttdd• ud Toxic Subttancn mar prnc:ribe),
tbe Jlesfonal Admm:mrator or tbt
AlalltaDt Admbdltntor far~
ad Toxic SGbttancet will DOttt, die
pancm wllo nbmitted tlte plan of tbt
approval~. the trial bara ■ball
tab placa at a date IDd time IO be -.rNCl apm. betwaa tb 1..-,.1
Admfnf•h'atar ar Iba Allittut Adlldn.tl1rator ,_ Plltid .. aDd Taadc ·w.tumaac1tt.,--no ·.
..... tted ... pla. .
(I) Odter iltfo,matlott. Ill addltioa lo
tba information oaatabled iD the report· ad pla dNc:rJbed iD parqraph (d}(1)
and (2) of tlut NCticm. the Rettona)
Adminittntor or tbe ANiltant
Adminilntor for Pettiddn ad Toxic
Sw,•tance1 may nqlW"I the owner or
operator to ,abmjt any odtff
lafmmaticm tbat tbe.Rapmal
Acbntat,.._tor or the Alultant
Admtnt•h'ator far PntiddN ud Tmdc
lubttucet find, to be rn10D1bly
mc■IIUJ \0 detarminewlMthlf UI
tDdurator shall be appco,.d.
,,__n. l.tsfoul .Vstrtna-,r will
Mft.&nilable far l'mN ud iDlplcUa IA ~ mna1 CIIDtaiDJzll mfaraadoa OD --~al'tbod,-~µ-d■• far tbt pawwwtln ,.._ Ill t m.,ll(a) (I).
(f). (t). ud (1J ,-uy otMr PLW-• 'MJ
1Moayd1-tnetobeapp,vpria~O.... • operaun.,.~ IO,..__ t.llia
aaD&&&1 pnar to ll&bilitliAC IQ ..,an
...-,.cl ID t 7IL1Q.
(4) Conwrt1 of A..,,,,aL Pl 1acapt u
ptVridecl m parqrapb (d)(I) of tbil etc:tt011. tha JlasiaD.al Admmi■tratm or
the Aat.■tmt Admtm,tratar for
PHttddee ad Tmdc Samtuou 1D1J
,DOt approve Ill J-=mantar far ma
dlQotal of PCllt ad PCB Itau =-
• bda that tbe IDdMr'ltor ... all"' tu req\dlwta olpansrapba (a) ad/
ar (b) of thb NCdcm. .
-(U) ID 1dditioe to tba ~of_.
parqrapha (a) ud/ ar (b) of dua tKtioa
tba Resicmal Admmiltratar ar die
AMiltut Adminil'trator for Ptltidda
and Toxic Sa.betumt mar iDd1lde m •
appronl any otbar r :~ mat
the Regional Adminiatrator or tbt
A,1i1tant Admiruatrator for Pt1uc1d.1
and Toxic Sub1tance1 fizlda an
nece■aary to en•W'I that operation of
tb1 incinerator doee not p,nent an
anreaaoaable ri1k of tnf1.11Y to l:aealth or
the environment from PCBa. Such
requinmentl mer include a ftxec:I J)l!riod
of time for which the appronl it •aJid.
(5) Woi~/7. An owner or operator of
tbe incinerator may nbmit mde-nce to
the Rtiional Adminiltntor or the
Auiltant Admmiltrator for Pntic:ide■
usd Toxic Subttancn tut opsat1on o!
the illcillerator will not prnent an
ameatemable rialr. of iDju.ry to bNJth or
tb1 enviroment from PCs.. wben one or
more of tb1 ~ta of puqrapba
(1) ud/or (b) of tbit NCttoa are not meL
0a die buia of auch ffldmca and any
· other available infozmatSoa. the
btional Admmlltratar ar tt.. ANiataat
Admtat•trator far Pttttddet ud Toxic lubtt&Dcet maJ bl bit/bar dilcnUcm lad tbat any NqlW'lmClt of puqrapu
(a) ud (b) of tbia NCUaa II aat
DICll(lr'/ ta Jll'Ol8d apUllt l8C:l & ftlk.
admaJwam ... ~ta•USJ . apprv9al ,_ dlA1 illdDlratar. Air/ IDdial ud waiftr IIDder tbit parqraph
111Ut be atated ID writiq ud IDduded u part of tu &pproYaL • • • • •
(1) l'iltoJ .4pp,,ml/._Appn,Tal of an
Incinerator will be lA Wl'itiDI aDd ■iped
by tba Jtesiaaal Adminittratar or the Aut.■tant Admilliatntar far,..~
and Tmdc Subeta=--n. approval
will et.am all req,airalaDtl applicable to
the approved mdmrator. • • • • • ,. .................. ... eu.-a--··
DRAFT GUIDELINES
FOR
PERMIT APPLICATIONS AND DEMONSTRATION 1EST PLANS
FOR
PCB DISPOSAL BY NON-THERMAL AtTERNATIVE METHODS
AUGUST 21, 1986
U.S. Environmental Protection Agency
Office of Pollution Prevention and Toxics
Operations Branch (7404)
401 M Street, S.W.
Wa~hington, D.C~ 20460
Preface ....
List of Figures
List of Tables.
Abbreviations .
Glossary.
TABLE OF CONTENTS
1.0 Introduction.
2.0 Summary of 40 CFR 761 Regulations and Guidance .
2.1 General . . . .. .
2.2 Approval Authority .. .
2.3 §761.60(e) Alternative Methods of Disposal.
3.0 Office of Toxic Substances (OTS) Permitting Procedures .
· 3.1 Establish Communications with the EPA Permit
Writer ............. .
3.2 Apply for an R&D Permit (Optional) ..
3.3 · Submit Operating Permit Application and Demon-
stration Test Plan to DD/EEO ........ .
3.4 EPA/OTS Review of Permit Application and Demon-
stration Test Plan .......... :
3.5 EPA/OTS Issues Demonstration Test Permit ..
3.6 Conduct Demonstration Test ........ .
3.7 Submit Demonstration Test Report to DD/EEO.
3.8 EPA/OTS Review of the Demonstration Test Report
3.9 DD/EEO Issues and Operating Permit.
4.0 Permit Application Format.
4.1
: 4, 2
4. 3 •
4.4
4 . 5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
Permit Application Cover
Section I -Summary ...
Section II -Project Organization.
Section III -Waste Description. . .
Section IV -Process Engineering Description
Section V -Sampling and Monitoring Plan
Section VI -Sampling Procedures . . . .
Section VII -Sample Analysis Procedures
Section VIII -Monitoring Procedures ..
Section IX -Waste Handling and Disposal
Section X -Data Reporting/Recordkeeping
Section XI -Inspection Procedures ..
Section XII -Spill Prevention Control and
Countermeasures Plan .. .
Section XIII -Safety Plan ..... .
Section XIV -Training Plan ..... .
Section XV -Demonstration Test Plans.
iii
Page
ii
" V ..
vi
vii
ix ,.
1
2
2
2
2
7
7
7
11
12
12
12
13
13
13
14
14
14
17
17
17
19
20
23
23
23
23
24
24
25
25
25
TABLE OF CONTENTS (concluded)
4.17, Section XVI -Test Data or Engineering
Performance Calculations ..... .
· 4.18 Section XVII -Other Permits/Approvals
4.19 Section XVIII -Schedule of P~e-Operation
Events ...... · ..... · ...... .
4.20 Section XIX -Quality Assurance Plan .. .
·4.21 Section XX -Standard Operating Pr6cedures
4.22 Section XXI -Closure Plan
5.0 Demonstration Test Plans .
5.1 General ..
5.2 Contents of a Demonstration Test Plan
6.0 · Conducting a Demonstration Test
6.1 Start-up ...... .
6.2 PCB Waste Destruction
6.3 Shutdown.
7.0 Demonstration Test Report
7.1 Format and Contents
7, 2 Review ..
7. 3 Approval.
8. 0 References. .
Appendix A -Checklists for Completeness of Submittal
Appendix B -Sampling and Analysis Procedures ....
Appendix C -OTS Guidance on Frequently Asked Questions
Appendix D -Addresses for Headquarters and Regional Offices.
Appendix E -Annotated Bibliography .......... .
Page •.
25
26
26
26
27
27
29
29
29
40
40
40
41
42
42
48
48
49
50
58
68
75
78
Figure
1
2
3
4
5
6
7
List of Figures
Title
Major steps in the OTS operating permit process
·Process to ob~ain an operating permit from OTS.
Research permitting proce~s ...
·Example permit applicatibn cover.
Schematic of sampling and monitoring locations for a
chemical dechlorination process ..
Cover for the _ Demo~stration Test Plan
Demonstration Test Report cover
V
8
9
10
16
.
21
31
44
..
•
Table
1
2
3
4
5
6
7
8
9
List of Tables
Title
Outline 6f Major Sections of 4~ CFR 761.
Disposal Options by PCB Waste Categories
Summary of P,ermit Approval Authority ..
Fotmat for Permit ApplJcations for Alternative Method of
PCB Destruction . . . . . . . ........ .
Example of a Sampling and Monitoring Plan Summary for a
Chemical Dech l ori nation Method . . . . . . .
Format .of Demonstration Test Plans for Nonthermal
Destruction Systems . . . . . . . . .
Example Summary of Anticipated Test Parameters for a
Batch Chemical Dechlorination Process ....
Example: Proposed Schedule for Demonstration.
Format for the Demonstration Test Report.
Example Demonstration Test Results Summary for a Batch
Chemical Dechlorination Process .....
vi
3
4
5
15
22
30
34
38
43
45
ABBREVIATIONS
AA: Assistant Administrator for Pesticides and Toxic Substances.
°C: Degrees Celsius.
CFR: Code of Federal Regulations .
CWA: Clean Water Act. See 40 CF~ 129.
DD/EEO: Division Director, Exposure Evaluation Division
DVE : Data variance estimate.
ECO: Electron capture detector.
EIMS : Electron impact mijss spectrometry (low resolution).
EPA: U.S. ·Environmental Protection Agency.
FID: Flame ionization detector.
g: Grams.
gal . : Ga 11 ons.
GC: Gas chromatography.
GC/FID: Gas chromatography with flame ionization detection .
GC/ECD : Gas chromatography wtth electr6n capture detection.
GC/MS :. Gas chromatography/mass spectrometry".
GPC : Gel permeation chromatography.
h: .Hours .
HCl : Hydrochloric aci_d.
HECD : Hall electrolytical conductivity detector.
H2 0 :
HRGC:
in . :
kg:
lb:
Water.
High resolution GC, also termed capillary GC .
Inch(es).
Ki 1 ograms.
Pounds.
vii
".
..
mg: Mi 11 i grams .
min: Minutes.
MS: Mass spectrometry.
NEPA: National Environmental Policy Act.
NPDES: National P·ollutant Discharge Elimination System .
OPTS : Office of Pesticides and Toxic Substances .
. OSHA: oc·cupational Safety and Health Act. See 29 .CFR 1910.1.
OTS: Office of Toxic Substances, a suborganization of OPTS.
PCB: Polychlorinated biphenyls .
PCDD: Polychlorinat~d dibenzo-e-dioxin.
PCDF: Po lych l ori nated di benzofuran .
PGC: Packed column gas chromatography.
pH: Measure of acidity or alkalinity.
ppm: Parts per million.
QA: Quality assurance.
QC : Quality control.
RA: Regional Administrator.
RCRA: Resource Conservation and Recovery Act . See 40 CFR 122-124 and
260-265.
sec: Seconds.
TCDD: Tetrachlorodibenzo-e-dioxin.
TCDF: Tetrachlorodibenzofuran.
TSCA : Toxic Substances Control Act, PL 94-469 (1976). See 40 CFR Part 761.
viii
GLOSSARY .
Analyte: Chemical compound or element which is the subject of an analysis.
Aroclor: Commercial mixture of PCBs previously manufactured by Monsanto.
Authorized use: Any PCB use or servicing which can be conducted .in accordance
with 40 CFR 761. 30 ..
Data variance estimate (DVE): Either a numerical value such as a standard
deviation, or a qualitative evaluation such as 11 good.11
Demonstration Test: A test to demonstrate system performance, commonly
called a process demonstration test.
Electron impact mass spectrometry (EIMS): Low resolution mass spectrometry
operated in the electron impact ionization mode.
High resolution gas chromatography: Gas-liquid chromatography performed .
using a capi .llary column, typically 10-50 m long x 0.2 mm ID, coated on
the interior with a liquid phase.
Isomer: Any compound which has the same molecular formula, but different
positional substitutions. For example, for PCBs, 2,2 1 -dichlorobiphenyl and
2,3-dichlorobiphenyl are isomeric; 4-chlorobiphenyl and 2,3,4-trichlorobiphenyl
are not.
Liquid: A substance is a liquid if it its melting point is less than 20°C and
does not pass the structural integrity test(> 15% free liquid content)
(Weller 1982).
Method: A series of techniques or procedures which form a specific, well-
defined destruction, sampling, chemical analysis, or other procedure for
a specified compound(s)/matrix(ces) combination.
polychlorinated biphenyl (PCB): One of 209 individual compounds having the
molecular formula C12HnC1 10_n, where n = 0-9. This definition includes
monochlorobiphenyls.
Pblychlofinated dibenzo-E-dioxin (PCDD):· One of 75 individual compounds hav-
ing the molecular formula C12H Cl 8_ 02 , where n = 0~7. This definition
includes monochlorodibenzo-E-d~oxinQ.
Polychlorinated dibenzofuran (PCDF): One of 135 individual compounds having
the molecular formula C12HnC1 8 _nO, where n = 0-7. This definition includes
monochlorodibenzofurans.
Packed column gas chromatography (PGC): gas-liquid chromatography performed
using a column, typically 180 cm long x 2 mm ID, packed with a liquid phase
on a granular solid support material.
ix
Part per million (ppm): One part in 106 • For gaseous mixtures, a volume/
volume (v/v) basis is typically used and:
ppm= mg/m3 x ~
where RT= 22.4 liter/g-mole at 0°C and 1 atm
= 24.5 liter/g-mole at 25°C and 1 atm
and MW= molecular weight of compound, i.e., g/g-mole
~or low concentration aqueous s~m~les, a weight:volume (w/v)·basis .is most
· commonly used and 1 ppm =l mg/liter (1 mg/kg for liquids with density 1).
For nonaqueous liquids and sdlid materials, a weight:weight (~/w) basis· is
most commonly used and 1 ppm= 1 mg/kg.
Quality assurance (QA}: The total integrated program for assuring the relia-
bility of monitoring and measurement data. A system for integrating the
quality planning, quality assessment, and quality improvement efforts to
meet user requirements.
Quality control (QC): The routine application of procedures for obtaining
prescribed standards of performance in the monitoring and measurement pro-
cess.
QC blank: A sample processed and analyzed to obtain background concentrations
of the analytes.
QC control: A sample containing a known amount of analyte which is processed
with sample batches to monitor recoveries.
Solid: A substance is a solid if its melting point is greater than 20°C
and it passes the structural integrity test (Weller 1982).
Technique: Specific destruction, laboratory, or sampling operation usually
conducted as part of a method. GC/EIMS and Soxhlet extraction are
techniques.
X
i.O INTRODUCTION
The Code of Federal Regulations, Title 40, Part 761 (40 CFR 761)
(USEPA 1985) establishes rules on the disposal of PCBs and PCB items. Under
these ~ules, organizations or persons wishing to dispose of PCBs are required
to use approved methods and must obtain a permit.
This document provides guidance for persons applying to the EPA for
approval of PCB disposal by methods alternative to incineration (§761.60(e)).
This document presents and discusses the format, content, and level of detail
requiTed for permit applic~tions, demonstration test plans, ind .demonstration·
test reports.. ·
Alternative methods of PCB destruction include, but are not limited
to, catalytic dehydrochlorination, chlorolysis, plasma arc, ozonation, cata-
lyzed oxidation, microbiological, and sodium-catalyzed decomposition of the
PCB molecules. Methods for decontamination of PCB-contaminated materials by
removal and concentration of the PCBs also are considered alternative methods
of PCB destruction. An example of this technique is fractional distillation
of PCB-contaminated dielectric fluid or rinse solvent.
These guidelines address only permit requirements for the disposal
of PCBs as regulated under TSCA. Other laws such as RCRA, CWA, and OSHA
regulations may apply to PCB disposal methods and may have different or addi-
tional permit requirements.
Section 2.0 provides a brief summary of pertinent EPA procedural
requirements and ·guidance as well as a summary of pertinent Part 761 regula-
tions. Section 3.0 describes the EPA Office of Toxic Substances (OTS) permit-
ting procedures. Sections 4.0 and 5.0 provide guidance regarding preparation
and submission of permit applications and demonstration test plans, respec-
tively. Section 6.0 briefly discusses conducting a demonstration test.
Section 7.0 provides guidance regarding preparation of a demonstration test
report. Section 8.0 lists the references for this document. Appendix A pro-
vides checklists for the applicant to use in determining if all pertinent
areas have been addressed prior to submittal to the Agency. Appendix Bis a
summary listing of sampling/analytical methods for PCBs. Appendix C provides
guida~ce to the applicant in the f6r~ of answers to some frequently asked
questions. Appendix D lists the addresses for OTS Headquarters and for the
10 Regional Offices. Appendix Eis an annotated.bibliography of sources of
·rela"ted information. ·
1
·2.0 SUMMARY OF 40 CFR 761 REGULATIONS AND GUIDANCE
This section summarizes pertinent provisions of Title. 40 of the Code
of Federal Regulations, Part 761 (40 CFR 761) related to the disposal of PCBs.
Part 761 ·establishes prohibitions of and requirements for the manufacture,
processing, distribution in commerce, use, disposal, storage, and marking of
PCBs and PCB items in the United States. These regulations were promulgated
under authority of the Toxic Substances Control Act (TSCA, PL 94-469).
40 CFR 761 was promulgated May 31, 1979 (44 FR .31514). All references in this ,
document refer to the revised 40 CFR 761 as of July 1, 1985.
2.1 General
The major sections of 40 CFR 761 are outlined in Table 1. The stor-
age_ and disposal of PCBs is addressed in 40 CFR 761, Subpart D. In Subpart D,
Paragraph 761.60, disposal requirements are differentiated according to waste
type and PCB concentration; Table 2 summarizes the disposal options of §761.60.
This guideline document is intended to provide guidance only for
approval of,alternative disposal methods (§761.60(e)) which may require ap-
proval by the Division Director, Exposure Evaluation Division of the Office
of Toxic Substances (DD/EEO). A companion document, "Guidelines for Permit
Applications and Demonstration Test Plans for PCB Incinerators" (Neulicht
et al. 1986), also prepared by Midwest Research Institute for EPA/OTS,
Washington, D.C., provides guidelines for approval of incinerators by the
DD/EEO. Disposal by chemical waste landfills (§761. 75) or high efficiency
boilers (§761.60(a)(2),(3)) is not addressed, since their disposal methods
are approved by the appropriate regional administrator (RA). Also, storage
of PCBs for disposal (§761.65) or decontamination (§761.79) is not addressed.
2.2 Approval Authority
Approval authority for PCB disposal facilities is stipulated in
Section 761.60. Table 3 summarizes EPA approval authority for PCB disposal
facilities. Addresses for EPA headquarters and the regional offices are pro~
vided in Appendix D.
2.3 §761.60(e) Alternative Methods of Disposal
According to §761. 60(e) any person may submit a written request to
the DD/EEO or RA for an exemption from the incineration requirements of Part
761 (see Table 2). Section 761.60(e) states that the applicant for an alter-
native method of destroying PCBs must show that:. (a) the method can achieve
a level of performance equivalent~§761.70 incinerators or §761.60(a)(2)(iv)
high efficiency boilers and, (b) the method will not present an unreasonable
risk of injury to health or the environment. These two requirements must be
taken into consideration by the applicant and must be appropriately addressed
i_n the permit application. Because alternative methods of PCB destruction
usually differ significantly from incineration, it is difficult to define
"equivalent level of performance." For _processes which destroy PCBs in con-
taminated liquids, the agency has generally required the applicant to show
2
. .
Table 1. Outline of Major Sections of 40 CFR 761a
Subpart A -General
761.l Applicability
761.3 Definitions
761.19 References
S~bpart a -Manufacturing, Processing, Distribution.in Commerce,
· ·and Use of PCBs and -PCB Ite~s
761.20 Prohibitions
761.30 Authorizations·
Subpart C -Marking of PCBs and PCB Items
761.40 Marking Requirements
761.45 Marking Formats
Subpart D -Storage and Disposal
761.60 Disposal Requirements
(a) PCBs
(b) PCB Articles
(c) PCB Containers
(d) Spills .
(e) Alternative Methods
(f) Written Notice
(g) Testing Procedures for PCB Concentration
(h) Expott/Import for Disposal
(i} Approval Authority for Disposal Methods
761.65 Storage for Disposal
761.70 Incineration
(a) Liquid PCBs
(b) Nonliquid PCBs
(c) Maintenance of Data and Records
(d) Approval of Incinerators
761.75 Chemical Waste Landfills
761.79 Decontamination
Subpart E -Exemptions
Subparts F to I -[Reserved]
Subpart J -Records and Reports
761.180 Records and Monitoring
aNote: Some subparts are outlined in greater detail than others.
3
~ PCB waste category Mineral oil dielectric fluid Other liquids Nonliquids (soil, rags, debris) Dredged materials and municipal sewage sludge PCB transformers (drained and flush-ed) PCB capacitorsb PCB capacitors PCB hydraulic machines PCB contaminated elec-trical equipment (except capacitors) Other PCB articles Other PCB articles PCB containers PCB containers All other PCBs ~Not specified. CFR section 761. 60[a][2) 761. 60[a)[3) 76l.60[a)[4) 761. 60[a)[5) 761. 60[b JPJ 761. 60[b)[2) 761. ~O[b)[4) 761. 60[b)[3] 761.60[b][4] 761. 60[b][5) 761. 60[b][5] 761. 60[c] 761. 60[c] 761. 60[a] Table 2. Disposal Options by PCB Waste Categories (USEPA 1985) PCB concentration (ppm) 50-500 50-500 ~ 50 ~ 50 NSa ~ 500 50-500 ~ 50 ~ 500f 50-500 ~ 500f < 500 ~ 50 Incinerator (§761.70) X X X X X X X X X X Chemical waste landfill (§761. 75) X X X X X X xg d X High efficiei:,cy boiler (§761. 60) X X Disp_osal method Alternative method (§761. 60{e)) X X X Method approved by region X Drain, dispose as solid waste X c,d X e e X d X cExemptions for some small capacitors. dMust also be flushed if hydraulic fluid contains> 1,000 ppm PCBs and flushing solvent disposed of in accordance with §761.60(a). Decon-tamination h X h X eOrained liquid must be disposed of in accordance with §761.60(a). . · Must be drained of all free-flowing liquid. The disposal of the drained electrical equipment and other PCB articles is not regulated by 40 CFR 761. All liquids must Qe disposed of in accordance with paragraph (a)(2) or (3) of §761.60 [in an incinerator (§761. 70), chemical waste landfill f(§761.75), high efficiency boiler, or by an alternative method (§761.60(e))). · · Due to a typographical error, 40 CFR 761 .[July l, 1985, p. 163) erroneously states this value as 50 ppm; refer to Federal Register, 44, 31514-31568 g(May 3, 1979) (USEPA 1979). hOrained of any free-flowing liquid and liquid incinerated in §761. 70 incinerator. Decontaminated in compliance with §761. 79. ..
'
Table 3. Summary of Permit Approval Authority
Type facility
Alternative disposal methods which are mobile or are
of identical design to be used in more than one EPA
Region
Research and development method$ disposing of
> 500 lb PCB-containing material
Research and development methods disposing of
~ 500 lb PCB-containing material
Site-specific alterna.tive disposal methods to be
used in only one EPA Region
Approval permit
authority
Assistant Administra-
tor for Pesticides ang
Toxic Substances (AA)
AAa
Regional Administra-
tors (RAs)
RAs
aAuthority has been delegated to the Division Director, Exposure Evaluation
Division, Office of Toxic Substances (DD/EEO).
5
that the concentration of any individual PCB congener in the product (decbn-
taminated) liquid is no more than 2 ppm. Fractional distillation of PCB-
containing liquids must remove PCBs to a level of< 2 ppm total PCBs, quanti-
tated using the original formulation (e.g., Aroclor 1260) as a standard. Any
aspects of the process that may pose certain risks of injury to p~rsons or
environment must be addressed in the application. Examples of such risks
include: (a) emission of toxic solvents to the atmosphere and (b) explosion/
fire .hazards from sodium reagent. ·
Section 4.0 of this guidel1ne document presents and discusses the
suggested · contents of. an appl icatio_n for a permit to operate an alternative
method for· PCB disposal.
6
'
3.0 OFFICE OF TOXIC SUBSTANCES (OTS) PERMITTING PROCEDURES
The Code of Federal Regulations, Title 40, Part 761 (40 CFR 761)
specifies that the Assistant Admi~istration (AA) for Pesticides and Toiic
Substances has approval authority for certain PCB disposal facilities [this
approval authority has been delegated to the Division Director, Exposure
. Evaluation Division of the Office of Toxic Substances (DD/EEO)]; Regional
Administrations (RAs) have approval authority for other facilities. Facili-
ties for which the DD/EEO has approval authority include PCB treatment pro-
cesses that are mobile or of id~ntical design and intended to be used in mofe
than one EPA region. Also .included are certain research and deve l opmeni (R&D)
methods that dispose of more than a total of 500 lb PCBs or PCB-contaminated
.material.· RAs retain approval authority for site-specific facilities such as
landfill< stationary incinerators, high-efficiency boilers, and research and
development into PCB methods involving a total of 500 lb or less of PCB
materials.
This section describe~ the process used by EPA/OTS to issue an oper-
ating permit or an R&D permit to the applicant. Figure 1 shows the major
steps in the operating permitting process. Figure 2 gives a more detailed
process diagram which also includes the loops at various points in the operat-
ing permit process when additional information is required. Figure 3 shows
the process for obtaining an R&D permit from OTS.
3.1 Establish Communications With the EPA Permit Writer
The permit applicant can facilitate the permitting process by estab-
lishing good communications with the EPA permit writer as early as possible.
Good communication will minimize requests for additional information as well
as submission of unnecessary information. Early in the process, the applicant
and permit ,writer can discuss any special circumstances and also the necessity
for submitting optional information discussed in these guidelines. In addi-
tion, advance notice of submissions will allow the permit writer to schedule
the review in an orderly fashion.
3.2 Apply for an R&D Permit (Optional)
Th~ ~urpose of a research and development (R&D) permit is to assist
the facility operator .in brfoging the destruction process from conception to
commercial operation; R&D permits can be issued for bench-scale operations,
.for pilot-scale systems, and for full-scale commercial systems. First-time
applicants who do not have experience operating their systems, or who have
not yet used their systems to destroy PCBs, are encouraged by EPA to obtain
an R&D permit for 11 shakedown 11 of the process by conducting studies on a lim-
ited quantity of PCBs, prior to the commercial demonstration test.
An R&D permit application shoulct ·consist of all of the applicable
elements described in Table 4 in Section 4.0 (except as noted). The R&D ap~
plication need not contain the detail required .for an operating permit, but ·
must be sufficient to demonstrate that the R&D activity will not present an
unreasonable risk of injury to health or the environment. The applicant
should also supply information on the specific objectives of the R&D activity.
7
Establish Communications with
EPA/OTS Permit Writer
Submit Complete Operating -Submit Complete Demonstrati~n
Permit Application to DD/EED . ~ -Test Plan to DD/EED
-EPA/OTS Review and Approval --
EPA/OTS Issues Demonstration
Test Permit
Conduct Demonstration Test
Submit Demonstration Test Report
to DD/EED
EPA/OTS Review and Approval ,
DD/EED Issues Operating Permit
Figure 1. Major steps in the OTS operating permit process.
8
r
I
I
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1
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I
I
I
I
I
I
I
I
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I
Test Plan
F.evised by
Applicant
Oefieiencie,
Noted and
Returned to
Applicant
·-r---------
I
I
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I ·
I
I I .
I L ____ -____ _
Operating Permit Application
Received by DD/EEO
Demonatratlon Tut
Plan Received by
DD/EEO
Test Plan
Requested
by OD/EEO
Test Plan Reviewed
Test Plan
Complete
and ·
Acceptable
,---
Test
Rescheduled
Acceptable to OTS
Foci Ii ty (;orrects
Minar Deficiencies
and Requests New
Test Date
4
Test Date Set
Has Demonstration
Test Plan Been
Submitted?
and OTS Notified
30 Days Prior
Demonstration
Test lr,itioted
Appiicotion
Reviewed
Application-
Acceptable
Revised
Application
Submitted
Deficiencies
Noted and
Returned to
Applicant
--0
OTS Recommends
Appiicont Submit ·
R & D Permit
Application in Lieu
of Operating
Permit Application
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I OTS Requires
Operating, Design,
Sampling/ Analysis
Deficiencies
Demonstration
Test Completed -~----------J
ta be Corrected
OTS Requests
Correction of
·Deficiencies
and Another
Demonstration Test
OTS Requests
Revised Permit
Application
Operating
Permit
Denied
---,
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I
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I I
I
Operating
Permit
Denied
Demonstration
Test Results ·
Submitted
Resuln
Reviewed
by OTS
Operating
Permit · Issued
----,
Additional" Doto/
Information Requested
Figure 2. Process to obtain an -0perating permit from OTS.
9
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1
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I
R&D
Permit
Denied
R & D Permit
Application
Received by
DD/EED
-------,
· Application
Reviewed
Application --~-. No ·_
Complete _ ~
R&D
Permit
Issued
I
L--
I
Revised
. Application
Submitted
Deficiencies
Noted and
Returned to
Applicant
OTS Recommends
Applicant Submit
Operating Permit
Application in
Lieu of R & D
Permit
Figure 3. Research permitting process.
10
A Demonstration Test Plan is a docu·ment prepared specifically for
the demonstration tests and provides details of how the test will be conducted.
A complete plan must include all the required information given in Table 6 in
Section· 5.0 of this document. Appendix A provides a checklist to aid the ap-
plicant in determining whether all required items have been addressed.
3.4 EPA/OTS Review of Permit Application and Demonstration Test Plan
EPA/OTS reviews the permit application and demonstration test plan
for completeness, accuracy, clarity and technical viability. If either docu-
ment is •uriacceptable to EPA, a notice of deficiencies will be sent -to the ap-
plicant. The deficiencies must be corrected in a revised application -or test
plan, and the revised document(s) must be s-ubmitted to the DD/EEO. In some
cases, this process may need to be repeated more than once.
3.5 EPA/OTS Issues Demonstration Test Permit
After the EPA approves the permit application and demonstration test
plan, the DD/EEO will issue a demonstration permit. A demonstration permit
is required prior to destroying any PCBs in a process demonstration. The
demonstration permit wi 11 specify a 1 imi ted amount of PCB-containing material
which can be destroyed during the demonstration and other conditions based on
the applicants permit applicati-on and demonstration test plan. The time
period for which the demonstration permit is valid also wi11 be limited .
. 3.6 Conduct Demonstration-Test
A demonstration test is scheduled at a date agreeable to both the
applicant and EPA/OTS. It is desirable that EPA/OTS have at least 60 days'
notice prior to the test; 30 days' notice is required. The RA of the EPA
region where ·the demonstration will be conducted, state officials, and rele-
vant local authorities should be notified.
If any modifications to the test plan are required prior to the
demonstration test, EPA/OTS (permit writer) should be notified in writing at
least 14 days prior to the test. Also, if events require that the plan be
significantly modified during the test demonstration, then the permit writer
·should be contacted immediately -to discuss the implications of any modifica-
tions. As with normal operation, any significant deviations from or altera-
tions in th~ test plan must be documented in writing to EPA/OTS (permit writer)
within 10 days after the event. Throughout the test demonstration, an "event
log11 shoul~ be maintained. This log should be submitted as part of the demon-
stration test report.
The test should be conducted und~r conditions simulating normal com-
mercial operations. Operating permit require'ments usually reflect the systems'
operating conditions during the demonstration test, and conditions used in
the tests become conditions allowed in the operating permit. Therefore, the
applicant should give very careful consideration to the design and conduct of
the demonstration test.
12
The R&D activity should provide process .information and operating experience
needed for application for an operating permit. The R&D results should be
used for planning a full-scale demonstration such that there is a high prob-
ability of a successful demonstration. The R&D results may be appropriate
for inclusion in the application for the operating permit.
R&D permits can be issued by the appropriate EPA Regional Adminis-
trator for the destruction of a total of 500 lb or less of PCB-containing
material (regardless of PCB concentration), or by the Division Director,
Exposure Evaluation Division of 'the Office of Toxic Substances (DD/EED), for
,the destruction of more than 500 lb . of PCB-containing , m.aterial ·. R&D _permit
applications can be submitted at any time, even if an application for a per-
mit to operate commercially has already been submitted.
Upon receipt of an R&D permit application, EPA will review the docu-
ment. If the application is incomplete or contains deficiencies, a notice of
deficiencies will be ~ent to the applicant, who must then revise and resubmit
the application. In some cases, EPA/OTS may recommend that the applicant
submit an operating permit application in lieu of the R&D permit application,
depending upon the circumstances involved. When a complete R&D permit appli-
cation is approved by EPA/OTS, an R&D permit is issued.
According to 40 CFR 761.60(f), before commencing R&D work, a 30-day
notice must be given to EPA regional, state, and local officials. After com-
pletion of the R&D activities, a report giving the results of the activities
and test results must be submitted to EPA.
3.3 Submit Operating Permit Application and Demonstration Test Plan
to DD/EEO
The permit applicant must submit both an operating permit applica-
tion and demonstration test plan to DD/EEO in order to receive a demonstra-
tion permit. Generally, the permit application and demonstration test plan
should be separate, complete documents.·
The permit application should be submitted as early as possible.
Partial submissicins are acceptable if the submission clearly indicates the
portions of the application ·to be submitted later, and if the applicant and
EPA permit w·riter agree that a preliminary review of a partial submission will
be productive. The demonstration test plan may be submitted with or after
the permit application~ In any event, both the application and demonstration
test plan must be determined by EPA to be complete before a demonstration
permit can be issued.
The suggested format for an operating permit application, based on
the §761.70(d)(l) incinerator requirements, is presented in Table 4 in Section
4.0 of this document. A complete application must address each .topic in the
format given in Table 4. As an aid to the applicant in determining if all
requirements for an application have been addressed, a checklist is provided
in Appendix A.
11
'4.0 PERMIT APPLICATION FORMAT
This section describes the information required in permit applica-
tions for alternative methods of PCB destruction. EPA 1 s supplemental guidance
(48 FR 13181, March 30, 1983) (USEPA 1983a) establishes the required contents ·
of an application for a permit to operate an alternative -method for PCB de-
struction. The suggested format for the permit application is presented in
Table 4. Each major item of the permit format is discussed in the fo~lowing
sections.
A checklist is provided ·;n Append,x A to aid the applicant in deter-
m1n1ng, prior to submittal, if all requirements for an application to operate
an alternative method for PCB destruction have been .addressed.
A preliminary, partial application may be submitted to initiate·
communication between the applicant and the EPA at the earliest possible
moment. Early communications can be helpful to both parties: unnecessary
submissions can be avoided; needed engineering changes can be made while the
facility is being designed or constructed; and provisions can be made. for site
visits duri"ng construction or shakedown. If a preliminary permit application
is submitted, the applicant should clearly identify in the body of the pre-
liminary application those sections or items to be provided at a later date.
A research and development permit application should follow the same
format as an operating permit application. Although the R&D application need
not contain the detail required f~r an operating permit, it must be sufficient
to demonstrate that the R&D activity will not present an unreasonable risk of
injury to health or the environment. The applicant should also supply infor-
mation on the specific objectives of the R&D activity.
4.1 Permit Application Cover
Each submission must have a permit application cover. The applica-.
tion cpver format is presented in Figure 4. ·If the application or the appen-
dices must be bound separately (i.e., multiple volumes), number each volume
of the submission in order in the upper right hand corner of the cover
(11 Volume m -of n)11 • The .cover of each volume should have the full cover in-
formation~ The principal manager is the person identified by the applicant
as the primary contact for written or verbal communications from the EPA per-
mit writer.
4.2 Section I -Summary
The applicant is encouraged to begin the permit application with a
short summary presenting the document organization and any pertinent back-
ground information.
14
If the demonstration test is initiated, but cannot be completed for
some reason, EPA/OTS can exercise several options. The first option is to
deny the operating permit without further consideration, which is rarely done.
A second option is to recommend that the applicant submit an R&D permit ap-
plication in order to have a chance to correct operating deficiencies prior
to another demonstration. A third option is to reschedule the test, which is
usually d6ne when minor deficiencies in the operating process cause the prob-
lem. A fourth option is to require that the application or test plan be re-
vised and resubmitted before issuing another·demonstration permit; this option
is usually used when major d~sign changes must be made or major operating de-
ficiencies mu~t be corrected before another demonstration test ~an ·b~ performed.
3.7 -· Submit Demonstration Test Report to DD/EEO
After a complete demonstration test has been performed, a report of
the results must be made and submitted to the DD/EEO. The format and required
contents of the report are shown in Table 10 in Section 7.0 of this document.
The test report must contain all the information described in Section 7.0 of
this document.
3.8 EPA/OTS Review of the Demonstration Test Report
Upon receipt, EPA/OTS will review the demonstration test report sub-
mitted by the applicant. If the report is incomplete or unclear, EPA will
request that the ·applicant submit any additional information or data needed.
If the results of the test are unacceptable, EPA may deny the operating per-
mit, request that another demonstration test plan be submitted for approval
prior to conducting another demonstration test, or require that a revised
permit application be submitted for approval. If the test results and other
information are acceptable, EPA/OTS will issue an operating permit to the
applicant.
3.9 DD/EEO Issues and Operating Permit
An operating permit allows the operator to operate commercialli.
After acceptance of the permit application and demonstration test results,
t~e DD/EEO will issue a final operating permit.-Generally, the final oper-
ating ·permi.t will specify the type of PCB-containing material which can be
processed, an upper. limit on PCB concentration in the feed, and an effective
per~od of up to 3 years from the date of issuance.
For a renewal approval; additional information and/or testing of
the process may be required. In order to continue the effectiveness of a
permit pending EPA action on reissuance of the permit, the operator must sub-
mit a 'tenewal request letter to EPA at least 90 days, but not more than 180
days, prior to the expiration date of the .permit.•
13
(PRELIMINARY) PERMIT APPLICATION
PCB DESTRUCTION UNIT
[Type and location]
[Test site for mobile units]
Submission date:
Volume m of n
Submission number [sequential numbering, beginning with 1]
Submitted by:
[Company name and address]
[Principal manager and phone no:]
Submitted to:
Division Director, Exposure Evaluation
Division
c/o Document Control Officer (TS-790)
Office of Toxic Substances
U.S. Environmental Protection Agency
Room E-201
401 M Street S.W.
Washington, DC 20460
Figure 4. Example permit application cover.
16
.. i
ii
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
xv.
XVI.
XVII.
XVIII.
XIX.
xx.
XXI.
Table 4. Format for Permit Applications for Alternative
Method of PCB Destruction
Permit Cover
Table of Contents
Summary
Project Organization
Waste Description
Process Engineering Description
Sampling and Monitoring Plan
Sampling P~ocedures
Sample Analysis Procedures
Monitoring Procedures
Waste Handling and Disposal
Data Reporting/Recordkeeping
Inspection Procedures
Spill Prevention Control and Countermeasure Plan
. Safety Pl an
Training_ Plan
Demonstration Te~t Plansa
Test Data or Engineering Performance Calculations
Other Permits/Approvals
Schedule of Preoperation Events
Quality Assurance Plan
Standard Operating Procedures
Closure Plan
a For a research and development application, this section would present the
planned research activities.
15
4.5.1 General
Process flow diagram and narrative description of the system;
Description of the theoretical basis for the destruction
process;
Layout diagram and description of the plant or mobile unit;
Detailed engineering drawings;
Intended location of the mobne· unit or facility (e-.g., by
waste lagoons or at transformer substations); and
Intended location of where the unit will be stored when not in
use ( if ·mobile unit).
4.5.2 Waste Feed System
Narrative description of the waste feed system (e.g., procedure
for unloading the PCB-containing material, storage of waste,
and transfer from storage to the process operations);
Description of waste preparation, if applicable (e.g., filtra-
tion, blending with reagents, solvents, preheating, shred-
ding, and/or hammering). Note: §761.l(b) prohibits treat-
ment which dilute PCB wastes during treatment. Any step
which involves dilution must be specifically permitted;
Waste volume expected to be handled at the facility per month
or other time period;
Waste feed storage capacity and average waste feed stored at
the location (e.g., gallons, number of days• supply); and
Description of method for measurement of the waste feed rate.
4.5.3 Automatic Waste Feed Cutoff System
• · Description of the automatic waste,feed cutoff system when
process conditions deviate beyond the stated limits for re-,
quired destruction efficiency or beyond safe operating limits
and delay time prior to cutoff; and
Description of the procedures to shut off the waste feed line
and the whole process in the event of an equipment malfunction.
4.5.4 Destruction System
Narrative description of the destruction system (e.g., descrjp-
tion of chemical reactions, stoichiometry, reagents, cata-
lysts, process design capacity, etc.); ·
Engineering diagrams;
List of products and by-products and their concentrations;
Description of how essential parameters (~.g., temp~rature,
pressure, flow rate, etc.) are monitored and the design
values;
Description of reactant/oxidant/fuel/catalyst/feed rates and
how they are monitored;
Design capacity bf the system;
18
4.3 Section II -Project Organization
Briefly describe· the organization for operating the facility. Pro-
vide an organization chart identifying key individuals (position titles and
actual personnel , if known). The organizational chart should primarily ad-
dress those personnel directly involved in the project. The corporate struc-
ture (e.g., relationship of company officers) is only necessary if it impacts
on the chain of command for the PCB destruction facility. Personnel who
should be identified include:
Person(s) respons-ib'le -for obtaining pe~mit;
Project manager;
Facility manager;
Operations supervisor;
Reviewing engineer;
Maintenance supervisor;
Quality assurance officer;
Safety officer;
Laboratory personnel;
Person(s) responsible for training;
Person(s) responsible for demonstration test;
Person responsible for operation of monitoring system; and
Person responsible for record keeping and reporting.
4.4 Section. III -Waste Description
A description of the waste(s) intended to be destroyed in the unit
should be provided. As a minimum provide the following information:
The type (liquid or solid) of waste to be destroyed;
The proposed total waste and PCB feed rates; and
The matrix and composition of the waste, including major and
minor constituents, and expected PCB concentrations. Heating
value , viscosity, Cl, ash, water content, and other charac-
t~ristics of the waste material should be included, if appro-
priate: ·
4.5 Section IV -Process Engineering Description
The agency needs sufficient information about a PCB destruction
process to be ~ble to evaluate the permit application . This information will
include detailed descriptions of the facility site, PCB and PCB-item handling,
process design and operation, pollution control equipment, and anticipated
performance. To this end, a list of parameters to be described in the plan
is presented below for guidance . The list is not necessarily inclusive.
Permit applicants should provide additional information where appropriate .
17
Monitoring frequencies;
Effluent streams to be sampled;
Sampling locations;
Sampling methods;
Sampling frequencies;
Analysis methods; and
Acceptable limits for result ..
A schematic diagram can be .used to i~lustrate the sampling and mon-
itoring locations; Figure 5 is an .example .. The specific location of each .
sampling point shriuld be discussed briefly in the narrative. Other impo~tant
parameters of the sampling and monitoring plan can be concisely presented in
a tabular format. Table 5 is an example of a sampling and monitoring pian
summary.
The samP,ling plan must include:
A description of the system. or process being sampled and a
breakdown of the process into discrete sampling units (stack
emissions, liquid waste, product, etc.).
The objective of the sampling for each unit (e.g., collect a
11 representative11 sample; follow an EPA test protocol; or
collect a 11 worst case11 sample).
Th~ parameters to be tested: List the compounds, physical
measurements, frequency, and media.
· The 'sampling design for each unit. This · may require a mathe-
matical sampling design or simply a reference to a standard
protocol. The frequency (e.g.,-every 15 min), size (e.g.,
10 m3 ), timing (e.g., any time after reaching steady-state),
number of replicates (e.g., triplicates for 10% of the sam-
ples or 2 samples, whichever 1s greater), number of surrogate-
spiked samples, and total number of samples shou l d be listed
for each sample type.
An estimate of the sample re~resentativeness. This may be
based on data (e.g., historical data on replicates) or
scientific/engineering judgment (e.g., a sample from an
actively mixed feed tank ·could be characterized as 11 highly11
representative).
Contingencies for action if samples cannot be collected accord-
·ing to plan (e.g., alternate sites or times or an entirely
new sampling plan).
4.7 Section VI -Sampling Procedures
Details of the sampling methods to be used on a routine basis should
be discussed in this section. Include an explanation of the apparatus, cali-
bration procedures, and maintenance procedures, if applicable.
20
Detailed description of the unique engineering features of the
process (e.g., high temperature, pressure, long residence
time, heat transfer, etc.); and
Description of any regeneration/recycling processes applied in
the process.
4.5.5 Pollution Control System (PCS)
A description of the pollution control system for process
·effluents (air emissions, liquid effluents, sludge, .solid
waste, etc.);
Destgn parameters-; and
The important operating parameters of the PCS and how ·they will
be monitored.
4.5.6 Summary of Process Operating Parameters
Provide a summary which lists target values as well as upper and
lower boundaries for all major measured operating parameters, instrument set-
tings, and control equipment parameter~. All values must be reported in com-
mon, consistent units. The application must also describe the action to be
taken whenever the parameter deviates outside the control limits. These ac-
tions may include adjusting the operating conditions, stopping the PCB feed,
shutting down th~ process, etc. The time allowable for corrective action
before shut-down or other action must be specified.
4.6 Section V -Sampling and Monitoring Plan
The applicant must develop a sampling and monitoring plan to monitor
process operation and to verify that the PCB destruction is equivalent to de-
struction in §761.70 incinerators . In most cases, GC/ECD is adequate to de-
termine the PCB content of product oils or related matrices. In some cases,
surrogate parameters for PCB .destruction (such as the CO-CO 2 ratio allowed
for §761. 70 incinerators) may be applicable; in most cases,' actual measurement
of PCB concentration is necessary. A PCB screening me.thod such as infrared
spectroscopy, or a total chloride detecti-0n kit (e.g., Chlor-N-Oil® or McGraw-
Edison PCB field test kit), a chlorine-specific detector, or ultraviolet spec-
troscopy may be appropriate ·for measurement of PCB concentration in some cases,
while in other cases, "GC/EIMS analysis may be required.
For thermal destruction units, the regulations specify the param-
eters which must be monitored. Since each alternative method for destruction
of PCBs is different, it is up to the applicant to specify the process param-
eters which will be monitored (continuously or routinely) and the effluent
streams which will be sampled routinely during operation to demonstrate per-
formance . In general~ EPA will require ~onitoring and sampling of every waste
stream, unless the applicant can show that it·is inappropriate. The plan
should include:
Process parameters to be monitored;
Monitoring locations;
Monitoring method~;
19
N I'\.) Parameter A. Waste feed B. Proc~ss product C. Waste feed rate D. Product rate Sampling (monitoring) method · Grab sample from lin~ tap · · Grab sample from reactor tap Grab sample from storage tank Positive displacement meter Positive displacement meter E. Reagent feed Positive displacement rate meter F. Quench feed rate Positive displacement meter G. Reaction vessel Pressure gauge pressure H. Reaction vessel Thermometer temperature I. Vent emissions to ambient air aRefers to Figure 5. Total hydrocarbon analyzer Table 5. Example of a Sampling and Monitoring Plan Summary for a Chemical Dechlorination Method Frequency Once per batch Once per batch At end of de-monstration Each batch Each batch Each batch Each batch 15 min. 15 min. Continuously Location a !--Storage tank line tap 2--Reactor vessel line tap Analysis parameters PCB homologs PCB homologs 3--Product Storage PCB homologs tank 4--Storage tank line 5--Product tank line 6--Vessel feed 1 ine 7--Vessel feed 1 i ne 8--Vessel 8--Vessel 9--Carbori adsorp-tion vent L/min L/min L/min L/min mm Hg oc Tota.1 hydrocarbon Analysis methods GC/ECD GC/ECD GC/ECD GC/FID Limit <· 2 ppm < 2 ppm < 2 ppm · < 1 ppm Contingency Dip from reaction vessel Hold batch until sample obtained and analyzed Discontinue operation until repaired · Discontinue operation until repaired Discontinue operation until repaired Discontinue operation until repaired Discontinue operation at end of batch Discontinue operation at end of batch Discontinue operation at end of batch
Bulk ~torage
Tonk
Legend
r-Vent----------------1 -----------------f
I
I
I
I
I
©
Reaction
Vessel
I
I
Quench
Vent
To Atmosphere • ,'9' \ ..,'
Carbon
Adsorption
·Unit
0 Monitoring Location
(-) Sampling Location _,,, Bulk Stornge
for Product
Figure 5. Schematic of sampling and monitoring locations for a
chemical dechlorination process.
I
21
Include example calculations, units of measurements, and example record re-
porting forms. paragraph 761.180(b) establishes the minimum data record
requirements for disposal and storage facilities. Minimum records include a
summary report for the previous calendar year which contains:
'• Date PCBs and PCB items were received and from whom;
Date PCBs and PCB items (including process waste which has not
been demonstrated to be free of PCB contamination) were dis-•
posed of or transferred;
Summary of the tota·1 weight (kg) of PCBs and PCB articles in
containers and PCBs in transformers which have been received,
transferred to other facilities, and retained at the facility;
and
Summary of the total number of PCB articles or PCB equipment
not in containers which have been received, transferred to
other facilities, and retained at the facility.
The following information also must be maintained on site:
The demonstration test results;
Additional information as specified in the operating permit by
the RA or DD/EEO.
4.12 Section XI -Inspection Procedures
The permit application s ha 11 identify the routine inspection proce-
dures used to identify problems and malfunctions associated with the facility.
The frequency ot inspections also should be addressed. Inspection procedures
should be identified for items such as:
Waste feed system;
Destruction system;
Waste feed cutoff syste~;
Polluti6n control system;
Process alarms; and
Fire extinguisher system
4.1~ Section XII -Spill Prevention Control and Countermeasures Plan
Describe the procedures (including system design) which will be used
to prevent spills of PCBs. Also describe ·the procedures which will be fol-
lowed should a spill occur. Coast Guard regulations specifying spill preven-
tion control and countermeasure plans (40 CFR 112.7) can be used as an example
for the type of information which should be addressed; however, the plan pro-
vided in the permit application need not be in the format or detail specified
in 40 CFR 112.7.
24
When 11 standard methods 11 wi 11 tie used, they may be referenced and
included as an appendix. ~owever, any deviations from standard procedures
must be noted. Furthermore, when the standard method allows different pro-
cedural variations to be used, the applicant must be specific as to the pro-
cedures which will be followed.
The discussion of sampling and analysis methods should include:
Sampling equipment;
Sampling equipment calibration;
·Sampling procedurei;. ·
Sample recovery, storage, and preservation;
Sample transport· and custody;
Analytical equipment;
Reagents;
Reagents prepar_at ion;
Calibration standards; and
Calibration procedures.
Appendix B to this document provides guidance on -sampling and analyt-
ical methods.
4.8 Section VII -Sample Analysis Procedures
Summarize the analytical procedures (including sample preparation)
which will be used for each sample. The summary should include the analytical
method, apparatus, data reduction procedur·es, c:tata storage, equipment ca li-
brat ion, and equjpment maintenance. Specific details of the analytical pro~
cedures need not be included in this section, but should be referenced (if
standard published procedure) or should be included as an appendix, if un-
published or if the publication is not readily available.
4.9 Section VIII -Monitoring Procedures
Provide a summary of the procedures which will be used to monitor
the parameters presented in the sampling and monitoring plan. Include a di~-
cussion of the methods and apparatus which will be used, as well as the data
reduction, data storage, equipment calibration, and equipment maintenance .
procedure·s which wi 11 be fo 11 owed. ·
4.10 Section IX -Waste Handling and Dispo~al
The permit application must identify any by-product wastes (both .
PCB and non-PCB) that will be generated and how the wastes will be disposed,
e.g., in-line filters for the PCB waste feed line.
4.11 Section X -Data Reporting/Recordkeeping
The permit application shall explicitly state what data are to be
recorded (including units) and how the data records are to be maintained.
23
4.14 Section XIII -Safety Plan
This section addresses the safety program which will be init'iated
to protect workers and other humans from PCB exposure or other health hazards.
Identify specific items (e.g., protective clothing) of the program for ensur-
ing safe routine operations . Procedures for preventing worker/population ex-
posure in the case of an equipment malfunction also should be adqressed; pro-
cedures for stopping waste feed, shutting down the process, and controlling
emissions in the event of a malfunction should be addressed. Provisions for
prevention and control of fires, explosions, electrical outag.es, etc,, also
shoul~ be addressed.
4.1~ Section XIV Training Plan
The permit application should present a description of the training
program which will be ini'tiated to assure workers are trained 1n items appro-
priate to their jobs including:
Equipment operation (in accordance with standard operating
procedures);
Emergency shut-down procedures;
Use of protective clothing;
Waste handling; ·
SRill prevention/control;
Fire control; and
Hazards of PCBs.
4.16 Section XV -Demonstration Test Plans
This section of the permit should briefly summarize the applicant 1 s
plans for conducting a demonstration test; a separate detailed plan is re-
quired prior to conducting a demonstration test (see Section 5.0 of this docu-
ment). However, summary information which should be presented in this section
includes:
Tentative date (month/year) for the test;
Tentative location for the test;·
Parameters to be te~ted;
Type waste to be used; and
Expected date for submittal of test demonstration plan.
If the applicant feels a test demonstration may not be needed for
this facility, the applicant should present a rationale for not conducting a
demonstration. It is rare that a demonstration test will not be required.
One of the few reasons for not requiring a demonstration test is that an
identical unit has been previously tested ~nd permitted.
4.17 Section XVI -Test Data or Engineering Performance Calculations
The applicant should present a summary of any relevant test data
from R&D activities, non-PCB tests, or other sources, or any engineering cal-
culations which support the abili_ty of the system to destroy PCBs. Detailed
25
test results need not be presented in this section, but instead may .be pro-
vided as an appe,ndix, or referenced if already on file with the Office of
Toxic Substances.
4.18 Section XVII -Other Permits/Approvals
List other permits/approvals which .have been obtained or are being
sought for this unit; identify the permitting agency and the person to con-
tact for additional information (permit writeF)~ Relevant permits include
PCB research and development permits, operating permits issued by an RA, sta_te
or local permits to operate, RCRA permits, NPDES permits, and DOT permit's.
4.19 Settioh XVIII~ Sch~dule of Pre-Operati0n Events
Provide a proposed schedule (month and year) for complying with the
regulatory requirements associated with approval of the facility. Scheduled
items to be ~ddressed include: begirining construction date, construction
completion date, submittal of demonstration test plan, equipment shakedown
period, initiation of demonstration test, submittal of demonstration test re-
sults, and initial operating date.
4.20 Section XIX -Quality Assurance Plan
Each permit application must include a Quality Assurance (QA) Plan.
Note that t~e QA plan must address all data-generating activities (e.g., pro-
cess monitors and controllers), not just chemical laboratory analysis. This
plan should conform to the specifications established in 11 Interim Guidelines
and Specifications for Preparing Quality Assurance Project Plans11 (USEPA 1980)
and must address all measurement (i .e., monitoring) parameters. Additional
guidance in the preparation of QA project plans is available in 11 Quality
Assurance Program Plan for the Office of Toxic Substances 11 (USEPA 1983b).
The purpose of the Quality Assurance Plan is to establish a specific
program to: (a) help assure that the monitoring data meet specific quality
objectives, and (b) routinely assess the quality of the monitoring data. Ap-
propriate QA is imperative. If the data {physical or chemical measurement)
·are of unknown quality, the data are unacceptable and cannot be used to show
a facility is operating within permit requirements. Data of poor quality, as
long as the quality is known, may be acceptable depending on whether or not
the parameter is critical to PCB destruction.
The Quality Assurance Plan should address the following items:
Organization and responsibility for QA;
Quality assurance objectives for each measurement parameter
(e.g., process temperature, pressure);
Monitoring procedures (brief description);
Sampling procedures;
Analytical procedures;
Sample custody;
Specific calibration procedures and frequency;
26
Procedures for data reduction, validation, and reporting;
Specific internal quality control checks and frequency;
. Audit procedures and frequency;
Preventative maintenance procedures and frequency;
Specific routine procedures to assess accuracy, precision, and
completeness;
Procedures for corrective action; and
QuaJity assurance reports to management .
Each of these items is discussed in ~Interim Guidelines and Specifi-
cations for Preparing Quality Assurance Plalis11
; the applicant is advised·to
follow this document.
4.21 Section XX -Standard Operating Procedures
A summary of the standard operating pro~cedures (SOP) should be in-
cluded in this chapter. The SOP should consist of the procedures available
to the facility operators for use in plant operations. The complete SOP
should be included as an appendix. Applicants may submit a ·copy of the pro-
cess operating manual · to satisfy this requirement.
Applicants should be required to ~evelop an SOP (standard operating
procedure) and submit to EPA two weeks prior to the demonstration. The SOP:
Assures that applicants have reviewed the operations in detail;
Gives EPA opportunity to review and become familiar with the
operations prior to the on-site audit; and
May be used as a tool for training new employees, which gives
some assurance·that the employees have .received a minimum of
training.
An SOP should be a step-by-step procedure; however, details of pro-
cedures such as the use of sampling or monitoring equipment may be omitted
but must be referenced. Divergence from the SOP during trials or commercial
runs should be documented and significant modifications should be submitted
to EPA. For convenience of use, lab procedures should b~ separate from system
operational procedures.
The SOP should be part of the training plan. Each employee should
sign and date a statement indicating that the employee has read and understood
the SOP.
4.22 Section XXI -Closure Plan
The closure plan for the facility should address two situations:
For mobile units, closure of the facility at each site prior
to moving to a new site; closure must address items such as
decontam i nation of equipment, placarding any contaminated
equipment, and disposal of any wastes generated from decontam-
ination/cleanup procedures.
27
For both mobile and stationary facilities, permanent clos-ure
(i.e., removal from service).
The closure plan(s) should address:
R~sponsible personnel;
Disposal of by-product wastes on a routine basis;
Disposal of equipment; and
Financial responsibility of the company.
28
5.0 DEMONSTRATION TEST PLANS
This section presents the suggested format for a Demonstration Test
Plan and briefly discusses the major items of information which must be sub-
mitted in the plan .
. A Demonstration Test Plan is a document prepared specifically for
the demonstration tests and provides details of how the test will be con-
ducted. This includes details of: when ·and wher~ the demonstration will be
conducted and by whom; process/pollution control operating parameter5 to be
mai.ntained during the test; waste feed quantity and type; parameters to be
m6nitored/sampled; sampling/monitoring locatidn~, frequency, and methods;
sample analysis methods; equations for calculating results; and quality
assurance procedures.
5.1 General
For alternative methods of destruction, the applicant must show that
the method will not present an unreasonable risk(§ 761.60 (e)). Supplemental
Guidance to Part 761 (48 FR 13181, March 30, 1983) (USEPA 1983a) for procedures
to approve alternative methods indicates that a process demonstration may be
required by the AA prior to approval. The supplemental guidance specifies the
minimum information requir~d for a process demonstration test plan as follows:
Time, date, and l-0cation of the demonstration;
Quantity and type of PCBs and PCB items to be processed;
Parameters to be monitored and location of sampling points;
· Sampling Plan and Quality Assurance Plan including sampling
frequencies, methods, and schedules for sample analysis; and
Name, address, and qualificatioris of persons who will review
analytical results and other pertinent data, and who will
perform technical evaluation of the process demonstration
· effectiveness.
Subsection 5.2 of this section provides the demonstration test plan
format and describes the required contents of a Demonstration Test Plan. Ap-
pendix B sumfuarizes and discusses appli~able methods for monitoring and sam-
pling proces~ feed streams, effluent products, and emissions.
5~2 Contents of a Demonstration Test Plan
The Demonstration Test Plan must contain all the required informa-
tion as described in this document. Table 6 presents the format for a Demon-
stration Test Plan. Contents of the Demonstration Test Plan, prepared accord-
ing to the recommended format, are discussed in the following paragraphs.
Appendix A provides a checklist to aid the applicant in determinJng whether
all required items have been addressed.
5.2.1 Test Demonstration Plan Cover
A cover must be provided for the Demonstration Test Plan. Figure 6
presents the cover format to be used. If multiple volumes ar~ submitted,
29
i
ii
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
. ' Table 6. Format of Demonstration-Test Plans for Nonthermal
Destruction Systems
Test Plan Cover
Table of Contents
Summary
Project Organization
Process Engineering Information -(new information to application)
Pr.ocess Operation
Sampling and Monitoring Plan
Sampling and Analysis Procedures
Monitoring Procedures
Data Reporting
Miscellaneous Tests
Waste Handling and Disposal
Test Schedule
QA Plan (addenda to Permit QA Plan)
Standard Operating Procedures (addenda to Permit SOP)
30
"(PRELIMINARY) DEMONSTRATION TEST PLAN
PCB DESTRUCTION UNIT
[Type and location]
[Test site for mobile units]
Proposed test dates:
Submission date:
Volume m of n
Submission number [in sequen~e with permit application submissions]
Submitted by:
[Company name and .address]
[Principal manager and phone no.]
Submitted to:
Division Director, Exposure Evaluation
Division
c/o Document Control Officer (TS-790)
Office of Toxic Substances
U.S. Environmental Protection Agency
Room E-201
401 M Street S.W.
Washington, DC 20460
Figure 6. Cover for the Demonstration Test Plan.
31
'provide a cover for each volume and number each volume in the upper right hand
corner, 11 Volume m of~
5.2.2 Section I -Summary
The applicant should begin the plan with a sho·rt summary of the docu-
ment. The summary should indicate when, when:!, and by whom the test wi 11 be
conducted. A brief background discussion on the unit to be tested also is
useful (e.g; type of unit, intended u.se, summa.ry of previous tests or' opera-
tions).
5.2.3 Section II -Project Organization
, Provide an organizational chart and narrative description, as neces-
sary, to identify the key personnel for the project. Identify personnel who
have overall authority/responsibility for conducting the demonstration test
and their relationship to key personnel having overall authority/responsibility
for the project. It is not necessary to repeat detailed information on overall
project authority/responsibility that has previously been submitted in the
permit application. However, a consolidated organizational chart is generally
advisable so that lines of authority can be identified. Key areas of responsi-
bility which should be identified include: ·
Overall project responsibility;
Facilities manager;
Test demonstration coordinator/manager;
Operations manager;
Sampling crew chief;
Monitoring systems operator;
Analytical manager/key analyst;
Quality assurance officer;
Safety officer; and ·
Operators and laboratory technicians.
Qualifications of the key individuals who will be operating the
system and conducting the sampling, monitoring, and analysis are to be pro~
vid~d with the Demonstration Test Plan.
5.2.4 Section III~ Process Engineering Information
This section provides a general overview of the process, including
a simplified flow diagram. Detailed information about the process should be
in the permit application and may be referenced. However, if modifications
have been made to the system since the permit application, these modifications
should ·be addressed. Similarly, if any modifications to the normal process
systems will be required during the demonstration, these should be addressed;
for example, if waste will be pumped from 55-gal. drums during the demonstra-
tion, in lieu of using a bulk feed storage tank which will be used during
normal operation, this deviation must be noted and explained.
32
..
..
5.2.5 Section IV -Process Operation Test Parameters
This. section presents the operating parameters to be maintained dur-
ing the Demonstration Test. Information which should be presented includes:
Operational plan;
Process operating parameters;
Anticipated emission levels; and
PCBs or ·PCB items to be fed as waste .
·A brief operational plan should be provided. This plan may take
the form ~fa detailed schedule of events. In the opetational plan explain
the operating parameters which will be maintained while 6ringing the ~nit on-
line, while conducting the demonstration, and while taking the unit off-line.
For example, will a non-PCB 11 waste feed11 first be used to demonstrate safe
operation?
The process operating conditions and anticipated emissions can be
summarized in a tabul~r format. Table 7 is an example 11 test parameter sum-
mary11 for a chemical dechlorination process. Note that control limits (i.e.
acceptable ranges) are presented for key operating parameters.
_ Identify the waste feed which will be used during the demonstration
test. State the type of feed, physical state, and composition including antic-
ipated PCB concentration. State the total quantity of feed to be used during
the demonstration. Explain how the waste feed used for the demoristration com-
pares to the waste which will normally be processed during routine operation;
i.e., the same, worst case condition, or mixture of anticipated wastes. Ex-
plain the provisions established for storage of the wastes prior to and during
the demonstration, if different from normal.
5.2.6 Section V -Sampling and Monitoring Plan
This section presents the sampling and monitoring plan for the demon-
stration test .. The plan should be detailed and specific to the demonstration.
The plan should address all sampling and monitoring which -will be conducted
during the demonstration; i:e., both sampling/monitoring which will be rou-
tinely conducted during normal operation and sampling/monitoring which will
be conducted only during the demonstration test. A tabular format, with nar-
rative explanation, as. necessary,. can be used to summarize the sampling and
monitoring plan. The sampling/monitoring plan should include the following
elements:
A description of the system or process being sampled or moni-
tored (including sampling location) and breakdown of the pro-
cess into discrete sampling units, liqui d waste, product, etc.)._
The number of tests to .be conducted and the schedule. Gener-
ally, three tests have been conducted on successive days for
incinerators: For batch-type operations, a minimum of three
batches generally is processed.
33
Table 7. Example Summary of Anticipated Test Parameters
for a eatch Chemical Dechlorination Process
Parameter
Waste feed
Waste feed rate (kg/batch)
Waste feed rate (gal./batch)
.PCB concentration in feed (mg/kg)
Total chlorine in feed (mg/kg)
PCB feed rate (kg/batch)
.Chlorine feed rate (kg/batch)
Destruction conditions
Batch residence time (h) ·
Reactor temperature (°C)
Reactor pressu~e (mm Hg)
Emissions
Final PCB concentration (µg/g/p~ak)
Pollution control
Not applicable
PCB content of waste products
Water (mg/L/peak)
Filter (µg/g/peak)
Sludge (µg/g/peak)
~Required by regulation or 0TS policy.
NA (not applicable)
Anticipated
value
.1,000
275
5,000
3,500
5
3.5
2
40
800
< 2
0.005
< 2
< 2
34
Control
limits
850-1100
250-300
NA
NA
NA
NA
< 12
35-45
760-880
< 2
< 2
< 2
< 2
Requireda
value
NAb
NA
NA
NA
NA
NA
NA
NA
NA
< 2
I < 2'
< 2
< 2
•
The objective of the sampling or monitoring for each unit (e.g.,
co 11 ect a II representat i ve11 sample; fo 11 ow an EPA test protocol ;
or collect a 11worst case" sample).
The parameters to be tested: List the compounds, physical
measurements and media.
The sampling or monitoring methods: List the methods to be
used. Detailed descriptfon of the methods may be -presented in
this section or an appendix.
The sample analysis method: List the analytical methods to be
used. Detailed description of the methods may be presented in
this section or an appendix.
The sampling or monitoring design for each unit. This may re-
quire a.mathematical sampling design or simply a reference to
a standard protocol. The frequency (e.g., every 15 min), size
(e.g., 10 m3 ), timing (e.g., any time after reaching steady-.
state), number of replicates (e.g., 10% of the samples or 2
samples, whichever is greater, collected in triplicqte), number
of surrogate-spiked samples, and total number of samples should
be listed for each sample type. The sample size is usually
dictated either by the amount of sample required to detect the ,
analyte or by convenience (e.g., 1 L for water).
An estimate of sample representativeness. This may be based
on data (e.g., historical data on replicates) or scientific/
engineering judgment (e.g., a sampl~ from an actively mixed
feed tank might be characterized as representative).
Contingencies for action if samples cannot be collected accord-
ing to the plan (e.g., alternative sites or times, an entirely
new sampling plan, or repeat tests).
The parameters which typically should be included in the sampling/
monitoring plan are discussed below.
· The applicant must propose a set of sampling/monitoring parameters
to verify that PCB destruction is equivalent to disposal in §761.70 inciner-
ators. At a minimum this will include measurement of PCBs in the fin~l prod-
uct and effluent streams (wastewater, filters, vent gas, etc.). In many cases
for alternative methods of PCB destruction, destruction equivalent to a
§761. 70 incinerator has been defined as a measured effluent stream concentra-
tion of not greater than 2 µgig/resolvable chromatographic peak. The other
monitoring sampling parameters will depend upon the process desi_gn and the
type of waste feed/effluent streams. Process operating parameters (e.g.,
feed rate, reaction temperature and pressure) must be monitored. The appli-
cant should include all applicable operating parameters in the sampling/
monitoring plan. If applicable, pollution control system operating parameters
should be included in the sampling/monitoring plan.
35
For physical separation processes where PCBs are concentrated into
a fraction for subsequent destruction by an approved method, the applicant
must propose a set of sampling/monitoring parameters to verify that (a) the
residual 11 clean11 fraction contains~ 2 µg/g (ppm) total PCBs, (b) no PCBs are
emitted from the system through drains, vents, etc., and (c) the process does
not present an unreasonable risk of injury to health or the environment. Pro-
cess operating parameters (e.g., feed rate, reaction temperature and pressure)
must be monitored. The applicant should include all applicable opefating
parameters in the sampling/monitoring plan.· If applicable, pollution control -
system operating parameters should be included in the .sampling/monitoring plan.
,. . . .
The agency may require applicants to amend the sampling and ·monitor-·
ing list. The paramete·rs which may be required include, but a·re not limited
to , PCDDs, PCDFs , and other chlorinated organics .
5.2.7 Section VI -Sampling and Analysis Procedures
Specific details of any sampling and analysis procedures which will
be used during the demonstration test but were nbt previously addressed in
the permit application must be included in the Demonstration Test Plan. This
section should review the methods previously given in the corresponding sec-
tion of the permit application and any additional details or new information
~t the time of the demonstration test.
5.2.8 Section VII -Monitoring Procedures
Specific details of the monitoring procedures to be used during the
demonstration test must be included in the Demonstration Test Plan. If these
procedures have been completely described in the permit application and have
not changed, the permit application may be referenced. The following infor-
mation must be included:
Type of instrumentation;
Manufacturer, model number;
Sample conditioning system, if applicable;
Calibration standards; and
Calibration procedures ..
Brief descriptions of some monitoring procedures which typically
have been u~ed for .PCB d~struction systems are presented in Appendix B to this
report.
5.2.9 Section VIII -Data Reporting
P,resent .a summary of the data to ·be obtained during the demonstra-
tion test and to be presented in the final test report. Example calculations
and reporting units should be presented. Include information for process data;
pollution control system operation (if applicable); and the PCB concentrations
for the waste feed, effluent waste, and product streams.
36
All chemical analytical values must be reported as concentrations,·
expressed as:
Micrograms per liter for water; ~nd
·Micrograms per gram for nonaqueous liquids or solids.
PCB values in waste feed are to be reported as "total PCB 11 (a sum
of a 11 209 congeners). A breakdown of the total · PCB value by homo log or con-
gener may be useful for certain destruction tests. PCB values in product oil,
liquid waste, soiid waste,. and other streams must be reporte~ in microg~ams
per gram (µg/g) per resolvable chromatographic pe~k ~ In many case~ frir alter-
. native methods of PCB destruction; destruction equivalence to a Secti.on 761. 70
incinerator has been defined as a measured effluent stream concentratfon of
not greater than 2 µgig/resolvable chromatographic peak., If this or some
other maximum allowable concentration of the iffluent stream(s) is used to
demonstrate equivalency, measured values less than the allowable limit may
not need to be reported (i.e., it is acceptable to report results as "less
than 2 µg/g/peak 11·). The analytical results may not be reported in terms of
Aroclor (or other mixture) concentrations, even if an Aroclor is used to cali-
brate the instrument (as in the waste feed) unless EPA gives prior approval .
5.2.10 Section IX -Miscellaneous Tests
The proper operation of the automatic waste-feed cut-off and other
emergency systems must be demonstrated. Describe the procedures to be ,used
during the demonstration test to check operation of alarm and ,emergency sys-
tems, including:
be low).
Waste feed cut-off system;
Alarm systems (e.g., high temperature); and
Fire extinguisher system.
These tests must be included on the schedule (see Section 5.2.12
5.2.11 Section X ~ Wast~ Handling and Disposal
The demonstration ·t.est plan must identify any by-product wastes
(both PCB and non-PCB) that will be generated and how the wastes will be dis-
pose.ct, e.g. , in-line fi l ters for the PCB waste feed line .
5.2.12 Section XI -Test Schedule
Provide a detailed schedule of the proposed demonstration test
period. The schedule should be of sufficient detail to determine what activi-
ties are planned for each day. Table 8 i.s· an example demonstration test
schedule. The schedule should be realistic iri the sense of including suffi~
cient time to address problems which can be expected to occur in operating a
new process .
37
Day
0
1
2
3
Table 8. Example: Proposed ,Schedule for Demonstration
Tentative
date
xx/yy/zz
Activity
AM Inventory waste feed
AM/PM · Begin system shakedo'wn using
non-PCB feed
AM/PM . Destruction test no. 1
AM/PM . Destruction test no . 2
AM/PM · Destruction test no. 3
38
· Test of emergency systems
• Shut unit down at comple-
tion of test according to
to closure plan
•
5.2.13 Section XII -Quality Assurance Plan
Each Demonstration Test Plan must include a Quality Assurance Proj-
ect Plan. If an adequate Quality Assurance Project Plan has been submitted
with the permit application, then only addenda to the QA plan specific to ad-
ditional sampling, monitoring, and analysis for the test demonstration, need
be submitted with the Test Demonstration Ptan. Those pqrtions of the QA plan
which apply to normal operations and those which apply only to the demonstra-
tion test must be. clearly ident"ified. In any event, the QA plan, with adderida,
must address all measurement parameters (e.g., destruction vessel temperature,
distillation column _ temp~rature) n?t merely PCB sa~pling and analyits. ·
· The QA plan must conform to the specifications established in 11 In-
terim Guideline and Specifications for Preparing Quality Assurance Project
Plans11 (USEPA, 1980). A QA plan prepared according to these specifications
will address the following items:
Organization and responsibility for QA;
QA objectives for each measurement parameter (precision, ac-
curacy, completeness, representativeness, and compatibility);
Sampling and monitoring procedures;
Sample custody;
Calibration procedures and frequency;
Analytical procedures;
Data reduction, validation, and reporting;
Internal quality control checks and frequency;
Performance and system audits and frequency; .
Preventive maintenance procedures and schedules;
Specific routine procedures to assess data precision, accuracy,
and completeness;
Corrective action; and
QA reports to management.
Additional guidance in the preparatiort of QA project plans is available in
"Quality Assurance Program Plan for the Office of Toxic Substances11 (USEPA
1983b).
For most sampling and analysis plans, a minimum of 10% or 2, which-
ever is greater, of the samples must be collected in triplicate; a minimum of
.10% or 2 of the samples, whichever is greater, must be QC controls; and a
minimum of 10% or 2 of the samples, whichever is greater, must be QC blanks.
5.2.14 Section XIII -Standard Operating Procedures
Provide any addenda to the standard operating procedures which were
submitted with the permit application, if. necessary.
39
6-. 0 CONDUCTING A DEMONSTRATION TEST
Once the Agency has determined that the Demonstration Test Plan is
complete, a demonstration will be scheduled at a· date agreeable to both the
applicant and the Agency. Before the demonstration can commence, the agency
will issue an approval for a demonstration, i.e., a demonstration permit.
The approval will contain certain conditions, including notification of the
demonstration to other appropriate authorities (e.g., Regional Administrator),
PCB-containing material(s) to be treated, ~ampling, analysis, waste disposal,
QA, site security, record keeping, and reporting requirements. A cop"y of the .
demonstration permit must be on site and ad~ered to during the demonstration.
. If iny modifications to the test plan are required pri~r to the
demonstration test, the Agency (permit writer) should be notified in writing
within 14 days prior to the test. Also, if events require that the plan be
significantly modified during the test demonstration, then the permit writer
should be contacted immediately to discuss the implications of any modifica-
tions. As with normal operation, any significant deviations from or altera-
tions in the standard operating procedure must be docum~nted in writing to
the Agency (p~rmit writer) within 10 days of the event. Throughout the test
demonstration, an 11 event log11 should be maintained. This log should be sub-
mitted as part of the demonstration test report.·
Provided that other local, state, and federal regulations allow it,
one or more pre-tests may be conducted using a non-PCB feed to shake down the
facility. Furthermore, an R&D permit may be advisable to allow the applicant
to test the facility with PCBs in the field prior to a full-scale process
demon~tration (see Section 3.2).
Prior to the test, the facility must be prepared. All instruments,
controls, devices, etc., must be in working order and calibrated. Sufficient
supplies of PCB waste, fue 1, reagents, etc. , must be on hand. The facility
should be cleaned (remove all waste, etc.) to prevent contamination from pre-
vious tests or other use.
The test should be conducted under conditions simulating normal op-
~ratioris. Permit requirements usually reflect the operating conditions dur-
ing the demonstration test. Therefore,_ th.e applicant should g.i ve very careful
consideration to the design and conduct of the demonstration test. Each demon-
stration -usually consists of the following three steps:
6.1 Start-up
The facility is prepared for operation with no PCBs in the system.
Conditions should be noted and samples collected to characterize background
conditions if appropriate.
6.2 PCB Waste Destruction
The PCB waste is introduced into the facility at expected normal
feed rates and expected maximum PCB ~oncentrations. During the test, samples
should be collected and records kept of the readings of process monitors,
40
gauges, and meters. Visual observation of the effluent should also be made,
where appropriate. The number and the length of individual test runs required
depends on the process. For example, the demonstration test for a batch type
destruction process might consist of test runs on three batches. For .a con-
tinuous distillation process, the demonstration test might consist of 8 h of
continuous operation with samples of the final product stream taken at 2-h
intervals and a sample of the final product batch taken at the end of the test.
6.3 Shutdown
Waste feed is terminated and the facility is .then shut down per
normal procedures or kept ruhning on non-PCB feed -at the.discreti~n of the
operator.
41
7.0 DEMONSTRATION TEST REPO,RT
After the demonstration test has been performed, a report of the
results must be prepar,ed ·and submitted to the DD/EEO. The format and the re-
quired contents of the ·test report are presented in this section~ _,
7.1 Format and Contents
Table 9 presents the format for the demonstration test report .. The
following paragraphs briefly describe the report contents. The test report
must contain all of the required information as described in this document.
7.1.1 Demoristration Test Report Cover
Figure 7 is the specified format for the report cover. If the re-
'port or the appendices must be bound separately, number each part of the sub-
mission in order (Volume m of n). The covers of each volume should have the
full cover information as-described above.
7.1.2 Certification Letter
This letter, signed by an authorized official, must certify on be-
. half of the applicant that th~ test was carried out in accordante with the
approved test plan and the results of all determination5 are submitted in. the
report.
7.1.3 Section I -Summary
The report should begin with a short summary. The summary contains
table(s) summarizing the pertine~t test results. Table 10 is an example sum-
mary table for a chemical dechlorination demonstration test. A brief narra-
tive should summarize whether or not the facility met all performance require-
ments. Major problems encountered and major deviations from the test plan
should be mentioned.
7.1.4 Section II -Process Operation
7.1.4.1 · General
Provide~ general overview of the process using simplified
flow diagrams and a brief riarrative. Detailed information on the process
should be. in the permit application and may be referenced.
7.1.4.2 Operation During the Test
Summarize the operating parameters of the process during the
destruction test. Include physical characteristics of the feed, PCB content
of the feed, feed rates, total feed quantity, temperatures, pressures, ef-
fluent stream flow rates and volumes, and pollution control system operating
parameters (if applicable).
42
Table 9. Format for the Demonstration Test Report
i Report Cover
ii Table of Contents
iii
I.
I I.
III.
IV.
V.
VI.
VII.
VIII.
IX.
Certification Letter
Summary
Process Operation
Sampling and Monitoring Procedures
Analytical Procedures
Test Results
QA Summary
Visits and Audits
Closure
Waste Disposal Manifests
Appendices
43
DEMONSTRATION TEST PLAN
PCB DESTRUCTION UNIT
[Type and location]
[Test site fof mobile units]
Proposed test dates:
Submission date:
Volume m of n
Submission number [in sequence with permit application submissions]
Submitted by :
[Company name and address]
. [Principal manager and phone no.]
Submitted to:
Division Director, Exposure Evaluation
Division
c/o Document Control Officer (TS-790)
Office of Toxic Substances
U.S . Environmental Protection Agency
Room E-201
401 M ~treet S.W.
Washington, DC 20460
Figure 7. Demonstration Test Report cover.
44
Table 10. Example Demonstration Test Results Summary for
a Batch Chemical Dechlorination Process
Date
Time test begun
Time test ended
Operating parameters :
Waste feed rate (kg/h)
Batch volumes waste feed (kg)
Batch volumes waste feed (gal.)
PCB concentration in fe~d (g/kg)
PCB feed (kg)
Reaction start time (24-h clock)
Reaction end time (24-h clock)
Reaction time (h)
Final batch size (kg)
Final batch ~ize (gal .)
Average'reactor temperature (°C)
Average reactor pressure (mm Hg)
Sampling/Analysis Results
Final PCB concentration of product
(µg/g/peak)
PCB concentration of wastewater
(mg/L/peak)
PCB concentration of filters
(µg/g peak)
PCB concentration of sludge
(µg/g/peak)
45
Test
1
Test
2
Test
3
A tabular format with explanatory narrative; as necessary, is preferred.· De-
tailed data such as tables of 15-min temperature readings and the process
operator's log, should be relegated to an appendix.
7.1.4.3 Deviations from Test Plan
Any events such as upsets, shutdowns, or other deviations from
normal operations, along with the corrective actions taken must be described.
These deviatioris should have been previously reported to the permit wriier,
verbally during the test and as ·a separate written incident report _witbin 14
days of the inc·iden.t. These incident reports should be presented in an c3:p-
pendix. This section should summarize the incidents, discuss their effect on
the test results, and discuss their effect on the overall ability of the sys-
tem to routinely operate within permit conditions.
Also describe non-incident-related changes such as site loca-
tion, amount of PCBs treated, and use of an independent laboratory for· analy-
sis. The purpose or reasons for these types of changes should be explained
in this section.
7. 1.·5 Section I I I -Sampling and Mani tori ng Procedures
Describe the sampling and monitoring procedures used. Standard pro-
cedures may be referenced, but any deviations or modifications from referenced
methods must be described. Lengthy method descriptions should be placed in
the appendix.
Summarize the type , location, time, volume, and number of samples
collected. Any significant deviations from the Demonstration Test Plan must
be noted and the potential effects on the results discussed.
7.1.6 Section IV -Analytical Procedures
Describe the analytical procedures used for each parameter (e.g.,
PCBs in water). Standard procedures may be referenced but any deviations or
modifications from referenced methods must be described. Identify deviations
-from the Demonstration Test Plan.· .Lengthy descriptions should ·be placed in
'an appendix. ·
7.1.7 Section V -Test Results
Present concise summaries for all pertinent parameters such as:
Influent and effluent stream analyses;
Analyses of filters, wastewater, and other by-products; and
System performance results.
Discuss the test and QC results and analysis system performance as necessary.
All results should be traceable to the original test data. As a minimum,
identify how the results were calculated (formulae and data used). Detailed
sample calculations should be presented in the appendix and referenced.
46
Identify and discuss any anomalies in the system operation, sampling,
monitoring, or analyses that may have significant impact on the test results.
Raw data and the raw analytical results (e.g., chromatograms, mass
measurements) also should be presented in the appendices.
7.1.8 Section VI -Quality Assurance Summary
Summarize the QA results (blanks, replicates, audit results). Iden-
tify any serious problems (e.g., unacceptable ~udit results, failure to cali-
brate instrumentation) or deviations from QA protocol. A separate QA report
must .be presented, authored and signed by the QA officer. The QA· report
should address all the QA objectives, including whether or not precision and
accuracy objectives were met, as well as results of quality control samples,
performance audit samples, and systems audits.
7.1.9 Section ,VII -Visits and Audits
This section should contain a list of visitors and auditors and the
affiliation, address,· and phone number of those who were on site fluring the
demonstration. The list should include all visitors or auditors from state,
local, or federal agencies, their contractors, applicant management, QA per-
sonnel, and independent consultants. Where possible, the purpose of these
visits and any significant results should be .summarized. If audit reports,
engineering certifications, et~., were issued by any visitors, they should be
appended to the demonstration test report.
7.1.10 Section VITI -Closure
The applicant should summarize the facility closure after the demon-
stration. Any deviations from the closure plan should be discussed. Appli-
cant should provide documentation (copies of manifest) to show that all wastes
generated during the process test were properly disposed according to TSCA
and RCRA regulations . Applicant should be aware that all the waste generated
during the test should be disposed of by incineration and notlandfilling,
unless compliance with the landfill restrictions can be d~monstrated.
7.1.11 ~ection IX -Waste Hahdling and Disposal .
The demonstration test report should provide documentation that all
wastes generated during the demonstration test were properly disposed in ac~
cordance with TSCA and RCRA. Manifests should be included in the test report,
when applicable.
7.1.12 Apeendices
Supporting information (e.g., detailed procedures, analytical re-
sults, sample calculations, QA report) should be presented in the appendices.
Include the chronological demonstration test events log and any incident re-
ports.
47
7.2 Review
The permit writer will review the ieport to determine if it contains
all necessary elements ,and if the demonstration has met .the objectives of the
test. I
7.3 Approval
Upon acceptance of the process demonstration test report and a deter-
mination that the process operates within all of the pertinent requirements
of 40 CFR .761 and the .co~ditions of the demonstration permit, the DD/EEO shall
issue a final permit to operate commercially. The operating permit will con-
tain certain conditions, including matrices to be treated, maximum PCB con-
centrations to be treated, waste disposal, site security, recordkeeping, re-
porting, and closur~ requirements. A permit will normally be issued for up ,
to 3 years 1< operation. A copy of this approval should be on site and adhered
to during all operations.
48
8. 0 REFERENCES
Neulicht, R. M., R. V. Shah, G. Kelso, B. L. Carson, and M. D. Erickson,
"Guidelines for Permit Applications and Demonstration Test Plans for PCB
Incinerators," Draft Interim Report No. 1, Revision No. 3, MRI Project No.
8501-A(06), EPA Contract No. 68-02-3938 (May 28, 1986).
U.S. Environmental Protection Agency, "Polychlorinated Biphenyls (PCBs) Manu-
facturing, Processing, Disttibution in Commerce, ahd Use Prohibitions,11 Fed-
eral .Register, 44, 31514-31568 (May 31, 1979).
. . . u:s. Environmental Protection Agency, "Guidelines and Specifications for Pre-
paring Quality Assurance Project Plans," Office of Monitoring Systems and ·
Quality Assurance, QAMS-005/80, December 27, 1980.
U.S. Environmental Protection Agency, 40 CFR Part 761, "Procedural Amendment
of the Approval Authority for PCB Disposal Facilities and Guidance for Obtain-
ing Approval," Federal Register, 48, 13181-13186 (1983a).
U.S. Env,ironmental Protection Agency, "Quality Assurance Program Plan for
the Office of Toxic Substance," Office of Pesticides and Toxic Substances,
Washington, D.C., September 30, 1983b.
U.S. Environmental Protection Agency, 1985, Code of Federal Regulations,
Title 40, Part 761 (40 CFR 761), "Polychlorinated Biphenyls (PCBs) Manufac-
turing, Processing, Distribution in Commerce, and Use Prohibitions,11 Revised .
as of July 1, 1985.
Weller, P. J., J. Andis, and S. Baig, "Preliminary Study Regarding Alternative
Definitions of PCB Solid/Liquid Wastes," dated October 1981, Appendix Hin
R. G. Mclnnes and R. J. Johnson, "Provision of Technical Assistance to Support
Regional Office Implementation of the PCB Regulations--East and West,11 Draft
Project Summary Report by GCA Corporation, New Bedford, MA, and TRW, Inc.,
Redondo Beach, CA, on EPA Contract No. 68-02-3168, Work Assignment No. 45,
and Contract No. 68-02-3174, Work Assignment No. 68, for David C. Sanchez,
USEPA, Office of Research and Development, IERL, Research Triangle Park, NC,
1982, 186 pp.
49
APPENDIX A
CHECKLISTS FOR COMPLETENESS OF SUBMITTAL
50
'
APPENDIX A.,.1
PERMIT APPLICATION CHECKLIST FOR
NONTHERMAL DESTRUCTION SYSTEMS
1'. Pefmit Cover
2. Summary (Section I)
3. Project Organization (Section II)
A. Chart
B. Text
4, Waste Description (Section III)
A. Type
B. Total Amount/Feed Rate
C. Physical /Chemical
Descri p_t ion
5. Process Engineering (Section IV)
A. General Overview
· Descri'ption
· Flow Diagram
· Location
Site Maps
B. Waste Feed System
C. Waste Feed Cut Off System
D. Destruction System
E. Pollution Control System
F. Process Operating Parameters
6. S~mpling and Monitori~g ·Plan
(Section V)
~-Sampling/Monitoring ·
Parameter List
(see attached supplemental
checklist)
B. Sampling/Monitoring Frequency c. Frequency/Number of Samples
(Sample Design)
D. Methods
Sampling
· Monitoring
Analytical
E. Equipment
· Sampling
Monitoring
Analytical
To Be
Submitted
Submitted At Later Date 1
----
51
Not
Applicable
7. Sampling Procedures (Section VI)
A. Appropriate Methods
B. Written Protocols
C. Apparatus
D. Calibration
E. Maintenance
8. Sample Analysis Procedures
(Section VII)
A. Appropriate Methods
B. Written Protocols
C. Apparatus
D. Calibration
E. Data Reduction
F. Data Storage
G. Maintenance
9. Monitoring Procedures
(Section VII I)
A. Appropriate Methods
B. Written Protocols
C. Apparatus
D. Calibration
E. Data Reduction
F. Data Storage
G. Maintenance
10. Waste Handling and Disposal
A. List of All Wastes (type
and amounts)
B. Disposal Methods
.11. Data Reporting/Recordkeeping
(Section IX)
A. Format
B. fxampl~ Calculations
C. Units
12 . Inspection Procedures (Section X)
A. Waste Feed System
B. Destruction Feed System
C. Waste Feed Cut-Off System
D. Pollution Control System
E. Alarms
F. Fire Extinguisher Systems
To Be
Submitted
Submitted ·At Later Date 1
52
Not
Applicable
•
' .
13. Spill Prevention Control and
Countermeasures Plan
(Section XII)
14. Safety Plan (Section XIII)
15. Training Plan (Section XIV)
16. Demonstration Test Plan
(Section XV)
A. Tentative Date
B. Tentative Location
C. Parameters to be Tested
· D. Type Was·te
17. Test Data or En~ineering
Performance Calculations
(Section XVI)
A. Previous Test Results
B. Engineering Calculations
18. Other Permits or Approvals
(Section XVI I)
A. Regional R&D
B. Regional Full-Scale
C. RCRA
D. State ·or Local
E. DOT
F. Other
19. Schedule (Section XVIII)
20. Quality Assurance Plan.
(Section XIX)
A. Format
B. Organization and
Responsibility
C. QA Objectives
1. Precision
2. Accuracy
3. Completeness
4. Representativeness
5. Comparability
D. Monitoring Procedu-res
E. Sampling Procedures
To Be
Submitted
Submitted At Later Date 1
53
Not
Applicable
F. Analytical Pcotedures
G. Sample Custody ·· ·
H. Calibration Procedures
and Frequency
I. Data Reduction, Validation
. and Reporting .
J. Internal Quality Control
Checks ·
K. Audits
1. Performance
2. System
L. Preventive Maintenance
M. Specific Routine Procedures
Used to Assess Data
Precision Accuracy and
. Completeness
N. Corrective Action
0. Quality Assurance Reports
to Management
21 . Operational Plan (Section XX)
22. ciosure Plan (Section XXI)
A. Site-to-Site
B. Permanent
C. Routine Waste Disposal
To Be
Submitted
Submitted At Later Date 1
Not
Applicable
1 Section of the permit should be reserved for revised submittal and the
deficiency should be noted in the ~pplication.
54
APPENDIX A-2
CHECKLIST FOR NONTHERMAL DESTRUCTION
SYSTEM DEMONSTRATION TEST PLAN
1: Test Plan Cover
2. Summary (Section I)
3. Project Organization (Section II)
A. Key Personnel Identified
B. Organization Chart
4. Process Engineering Information
(Section III; new information
from Permit Applications)
5. Process Operation Test
Parameters (Section IV)
A. Operational Plan
B. Process Operating Parameters
C. Anticipated Emission Levels
D. Waste Feed Description/
Quantity
6. Sampling and Monitoring Plan
Design (Section V)
A. Number of Tests
B. Parameters to be Monitored2
C. Parameters to be Samp l ed 2
-D. Sampling/Monitoring Locations
E. Numb~r/Frequency of Samples
(. Sa.mp l i ng Methods
G. Monitoring Methods
H. Analysis Method
7. Sampling/Analysis Procedures 2
('Section VI)
A. Methods
B. Written Protocol
C. Equipment
D. Calibration
To Be
Submitted
Submitted At Later Date1
--'----
55
Not
Applicable
8. Monitoring Procedures2
(Section VII)
A. Written Protocol
B. Equipment
C. Calibration
9. Data .Reportihg (Section VIIIj
A. Data to be Reported, Units
B. Example Calculations
10. Miscellaneous Tests (Section IX)
A. Waste Feed Cut-Off
B. Alarm Systems
C. Fire System
11. Waste ·Handling and Disposal
(Section X)
12. Test Schedule (Section XI)
13. Addenda to QA Plan (Section XII)
14. Addenda to Standard Operating
Procedures (Section XIII)
lo Be
Submitted
Submitted At Later Date 1
Not
Applicable
1 Section of the permit should be reserved fat revised submittal and the
deficiency should be noted in the application.
2 See supplemental checklist.
56
SAMPLING AND MONITORING PARAMETER SUPPLEMENT FOR NONTHERMAL PCB DESTRUCTiON PROCESSES
C
Cl .,-
I.I)
QI QI ,,..,. Cl Cl z ~ It! ......... u Cl S-
>-C ~ ·c 0 ._ QI u .,--0 +.J :::, C ,-0 V)
. -0 CT QI 0. .c ......... 0
QI QI :::, E +.J c u
S-S--0 CT It! QI ·O 0
0 . u.. . QI QI V') ::::E: •,-+.J
+.J ,-S-......... +.J C QI . 0 .,-. Cl 0. u.. Cl ,-u 0 u S-
C C E C I.I) It! :::, .,-C c...
0 .,-It! Cl .,-:::, u -0 +.J It!
::::E: S-V") C S-+.J .,-QI It! C C
0 ·o -0 It! +.J c:: S-QI QI
QI +.J QI ,-+.J 0 S-~ .c +.J +.J co .,-co 0. .,-.J::. It! ,-It! .,-C +.J
C E C +.J 0. It! +.J ,-.,-.,-
0 0 0 It! 0 QI 0. C It! It! It! S-
I-::::E: I-V') . ::::E: ::::E: <C <C Cl u ::::E: 3
a. . PCBs in Waste Feed
b. Feed Composition
C. Waste Feed Rate
d. Reagent Feed Rate
e. Reaction Temperature
f . Reaction Pressure
g. pH of Product
h. Residual Reagent in Product
i. PCB Concentration in Product
j . PCBs in Aqueous Effluents --
k. PCBs in Other Wastes
l . PCBs in Air Emissions
m. Pnllution Control System
Operation
n. Other
57
· APPENDIX B
SAMPLING AND ANALYSIS PROCEDURES
58
..
This appendix reviews methods of sampling and analysis of PCBs in
feed materials and final products or effluents. Analytical methods for PCBs
have been reviewed (Erickson and Stanley 1982; Erickson et al. 1985b;
Erickson 1986).
1.0 SAMPLING PLANS
Sampling plans are often slighted in the rush to get a test under-
way . Poor planning of the sampling can ruin an otherwise acceptable test ~nd
is often the w~akest portion of an applic~tion. The _ applicant and permit re-
viewer m~st work together to develop a detailed s~mplihg plan which will prb-
duce the · desired information. In some cases, a 11 typical 11 sample maY be de-
sired, while in others a 11worst case11 sample may be desired. The objective
must be clearly spelled out.
PCB destruction facilities are, unfortunately, not ideal sampling
sites. Events do not always occur according to plan, especially during the
shake-down periods in which the destruction test is generally held. The·sam-
pling plan must reflect the realities of the destruction unit and make every
attempt to meet the stated objectives. The plan should propose alternatives
to the optimum samples. In cases where a sampling plan is compromised, the
demonstration test report should present an explanation.
Several examples of approaches (not full sampling plans) to sam-
-pling situations are presented below.
1. A chemical dechlorination system is to be demonstrated. The
batch process vessel is to be filled from numerous drams . The process vessel
is filled and the mixer activated. Thirty minutes after mixing, a sample is
drawn from the vessel tap; a second sample is drawn 10 min later.
2. A field of waste drums is to be sampled. The drums could be
randomly sampled. If the drums are known to be from several sources and are
identifiable, the sampling design should include stratification of the sub-
sets. ·
3. · The plan stipulates that if a bung on a drum is frozen, the sam-
pler is to move to the nearest drum to the north. If more than half of the
bungs are frozen or if the bungs on an apparent set of drums (in one area or
with similar markings) are ill frozen, the representativeness of the sampling
may be compromised (these may all contain a corrosive liquid which has frozen
the drums shut) and additional efforts at opening the drums should be employed.
These would include freeing the frozen bungs or cutting a new hole in the drum.
2.0 EXAMPLES OF SAMPLE COLLECTION TECHNIQUES
Additional guidance on sample collection techniques is available in
11 Samplers and Sampling Procedures for Haza-rdous Waste Streams 11 (USEPA 1980) and
in 11 Sampling and Analysis Methods for Hazardous Waste Combustion11 (USEPA 1983).
' 59
2.1 Liquids
Liquids may be collected by grab or integrative techniques. Grab
sampling may include f illing a jar: from a spigot or dipper collection of
water from a lagoon ... ·,Pre4uency of sampling and amount to be coll.ected during
each test must be stated. in the sampling plan and recorded when the samples
are collected. Integrative sampling requires a pump on an interval timer, a
slow flow from a valve, manually timed interval sampling, or other device.
Additional guidance is available (Berg 1982). •
2.·2 Sol ids
Solid sampling techniques vary with the nature of the solid. Free-
flowing powders may behave like a liquid, while other solids may require spe-
cial equipment to remove a portion. The equipment to be used (trowel, auger,
grain thief, etc.) and procedures for its use must be adequately described.
2.3 Mixed Phase Samples
Mixed phase samples represent a challenge to the sample collector.
In tanks and other static systems, a phase separation during sampling is pre-
ferable, provided that the total volume or weight of each phase is measured.
Phases ~ollected separately must be analyzed separately. Propoitions of each
phase in the system (e.g., a holding tank) shall be measured volumetrically.
Examples including skim~ing solids off liquids and drawing off oil and water
layers from a tank. Where phase separation is impractical, such as a sus-
pended solid, the whole must be mixed to assure that the sample is representa-
tive . In a flowing pipe, collecting a representative sample of a solid/oil/
water mixture may be impossible, since the valve position is fixed. In this
situation the oil phase would probably contain more PCBs than the water and
would repres~nt a maximum (worst case for waste, best case for feed). The
representativeness or lack thereof should be noted .
3.0 SAMPLE ANALYSIS
For many alternative technologies, the PCB content of the feed,
product, and -waste samples mu~t be determined. This section addresses the
analysis of these matrices for PCBs . As discussed elsewhere in this document,
EPA may require additional analyses to demonstrate that an alternative tech--
nology is equivalent to incineration. The applicant is responsible for pre-
senting detailed methods for these matrices, other matrices, or non-PCB analy-
ses , as required.
0TS does not specify ana lyt i cal · methods for PCBs; however, this
section presents certain guidelines on methods which 0TS has reason to believe
will provide acceptable data. Methods for feed materials, stack gas, ash,
and scrubber water are presented. Methods other than those presented here may
be proposed by permit applicants, provided that the proposed methods meet the
OTS data quality objectives (e.g., analysis for all PCBs in samples with de-
tection limits adequate to meet permit requirements). Applicants should re-
view these guidelines and propose complete, specific .methods in their test
60
•
plan. Many methods, including some of those discussed in this section,
present one or more option.s to the analyst. The applicant must state which
option is to be used. If selection of options is dependent on samples, or
on other factors which cannot be predicted, the selection criteria must be
presented in the test plan.
PCBs are a complex set of 209 individual chemical compounds. The
commercial mixtures fur commonly found in the feed material generally contain
from 20 to 80 of these 209 PCB congeners : In most cases for final product or
effluent samples, however, it can be anticipated that the PCB pattern will be
qualitatively different from that 'in · the feed, unles~ the PCBs were trans-
mitted through the system without any chemical ·alteration by the destruction
process. For final product or ·effluent samples, the analytical method must .
identify and quantitate all of the PCBs present in each sample, not just the
Aroclor present in the feed.
3.1 Feed Materials
As lohg as the feed material contains PCBs which qualitatively re-
semble one of the commercial mixtures, such as the ·Aroclors, the traditional
analytical methods which use Aroclor mixtures for GC calibration are accep-
table. These methods are discussed below.
If the PCB composition in the feed material does not resemble a
commercial mixture, the samples . should be analyzed using the methods recom-
mended for the final product and effluent samples, as discussed below.
3.1.l Oils
The EPA procedure for analysis of PCBs in transformer oils and waste
oils (USEPA 1981, Bellar and Lichtenberg 1981) provides a generalized approach
with respect to sample preparation and instrumental analysis. Several cleanup
techniques are provided as optional approaches in this procedure. For the
i~strumental analysis, GC with halogen specific, electron capture, or mass
spectrometry detectors are all allowed, provided appropriate limits of detec-
tion can be achieved. A strong quality control program including control -
samples, daily quality control check samples,. blanks, standard additions,
.accuracy and precision records, and instrumental and chromatographic perfor-
mance crHer, a is required to support a 11 data generated by the method. ·
The ASTM (1983) 04059-83 procedure for· mineral insulating oils
utilizes solvent dilution and a Florisil slurry cleanup prior to PGC/ECD de-
termination. The _procedure assumes that the composition of the PCBs present
in transformer or capacitor oils closely resembles that of the Aroclor stan-
dards. It notes that the sensitivity of the ECO is reduced by mineral oil
and instructs the analyst to make the amount of oil in the standard and sample
equivalent to minimize the effects of the oil interference on the quantitative
results .
61
3.1.2 Soils, Sludges, and Solid Wastes.
A variety of standard methods are available for these matrices.
Several EPA methods utiliz~ dichloromethane extraction, followed by
cleanup and GC determination with different detectors. Soil and other solid
wastes may be analyzed by EPA's SW-846 methods (USEPA 1984a). Method 8080 is
the packed column GC/ECD method; 8250 is the· packed column GC/EIMS method;
and 8270 is the capillary column GC/EIMS meth.od. A 11 three methods 'have a .
stated limit of detection of 1 µg/g.· Some options are presented in these
methods .and the quantitation proc~dure is not ~el1-defined for PCBs; therefoie,
applicants must supply additional details on the planned analysis. ·
. .
The sludge method EPA 625-S (Haile and Lopez-Avila 1984) gives op-
tional Florisil, silica gel, and GPC cleanups and stipulates electron imp·act
mass spectrometry as the GC detector. Quantitation is by total areas compared
to total areas of Aroclor standards.
ASTM Method D3304-74 (ASTM 1981b) utilizes a hexarie/water/acetonitrile
extraction ·for soil samples. Several optional cleanups are presented. Samples
are analyzed by packed column GC/ECD and quantitated using the total areas of
Aroclor standards.
3.1.3 Capacitors and Other Solids
No standard methods exist specifically for these matrices. .The
sample should be physically prepared by shredding or grinding and then ex-
tracted with an appropriate solvent (e.g., benzene or hexane), preferably with
a Soxhlet apparatus over multiple cycles. Cleanup and analysis can then fol-
low one of the methods given above.
3.2 Final Product or Effluent Samples
3.2.1 Processes Which Do Not Change Aroclor Pattern
For processes which do not alter the PCB composition, such as sol-
vent cl~aning/distillation processes, the .methods listed above for feed sam-·
ples can be adapted to the final product or effluent samples. With the lower
required detection 1•imits, additional blanks and other QC measures may be
appropriate.
3.2.2 Processes Which Alter the Aroclor Pattern
If the Aroclor pattern is significantly altered by the destruction
process, or if other PCBs (e.g., partially dechlorinated homologs) ar,e ob-
served in the samples, then the traditional methods described above a~e not
appropriate . For these samples, the analytical method must identify and quan-
titate all of the PCBs present in the sample, not just the Aroclor present in
the feed.
62
•
..
3.2.2.1 Oils and Other Nonvolatile Organic Liquids
The sample preparation procedures may follow those listed for
the feed samples, above. Samples may then be analyzed by an ~appropriate in-
strumental technique.
If the applicant chooses to use GC/ECD as the instrumental
method, a mixture of 10 PCB congeners (one each for the various degrees of
chlorination) may be used for the calibration. This mixture was determined
by the Dry Color 'Manufacturers Association (DCMA) to give an average ECO re-
sponse for each homolog (DCMA 1982). Instrumental an~lysis 2an ·be done ac-
~ording to EPA Method 608 (USEPA 1984b) or ASTM (1983) 04059-83. To quanti-
tate the ··samples, the following protocol (Midwest Research Institute ·1985)
may be used:
a. Determine the retention windows. Note: This is an arbi-
trary demarcation and results in misidentification of some congeners as
either a higher of lower homolog. However, ~ince the ECO cannot discriminate
by homologs, this is the best approach to partitioning the peaks.
(1) Record the retention time for each congener in the
standard on a data sheet.
(2) For the mono-, the window extends from the retention
time of the standard, which is the first eluting PCB, to the midpoint between
the mono-and di-standards. Start the window sufficiently ahead of the stan-
dard elution time (e.g., 0.1 min) to allow for retention time drift.
(3) The windows f6r di-through nona-are the midpoints
between the retention times of the standards.
(4) For the deca-, which has only one isomer, the window
is the retention time of the standard, allowing appropriate time (e.g.,±
0.1 min) for retenti6n time drift.
b. Caiculate a linear regression curve for each homolog. The
m1n1mum correlation coefficient (e.g.,· 0.99) should be specified in the QA
Plan.· If this required correlation is not obtained, either rerun the standard
curve or perform correttive action as given in the QA Plan.
c. · Quantitate the samples. Obtain the concentration in micro-
grams per milliliter of each peak in the sample (as injected on the gas chro-
matograph) from the regression equations calculated above. For most samples,
only peaks equal to or greater than 1 µg/g need be reported. Those peaks much
less than this value do not need to be calculated. Where it appears that the
peaks wi 11 be below the cutoff, cal cul ate the area· counts necessary for 2 µg/g
and then visually compare these with the sample data. This shortcut can speed
up the data reduction process by eliminating unnecessary calculations. ·
d. Multiply the concentration obtained by the dilution factor
and divide by the original sample weight (or volume) to obtain the concentra-
tion in µg/g (or µg/ml) of the original sample .. Record this value on the data
sheet for each peak greater than 6r equal t6 2 µg/g.
63
e. Automated quant itat ion routines , incorporating the above
principles may be substituted.
An EPA method for by-product PCBs in commercial products and
product wastes (Erickson et al. 1982; Erickson 1984b) may be used with GC/MS
as the instrumental method. This method presents several options, so permit
applicants must stipulate which options are to be used.
I
3.2.2.2 Volatil~ Organic Liquids
No specific standard. procedures are recommended for the$e
·matrices. If the matrix is compatible with the analytical method (e.g., a
hydrocarbon and GC/ECD), direct injection or evaporative concentration may be
sufficient. If the matrix is not compatible with the analytical method (e.g.,
· a chlorofluorocarbon and GC/ECD), then a solvent-exchange must be conducted
(MRI 1985). A higher boiling hydrocarbon 11 keeper11 should be added, so that
the sample is not evaporated to dryness. The sample analysis by GC/ECD or
GC/MS can follow that given in Section 3.2.2.1, above.
3.2.2.3 Dissolvable Solids (Process Waste, Sludge, etc.)
For samples which readily dissolve in organic solvents such as
hexane, benzene, or methanol/hexane, a weighed aliquot can be dissolved to a
known concentration, mixed thoroughly (MRI 1985), and then ~ither analyzed
directly, or cleaned up as an oil •Sample (see Section 3.2.2.1). The sample
analysis by GC/ECD or GC/MS can follow that given in Section 3.2.2.1, above.
3.2.2.4 Insoluble Granular Solids (Soils, Ash, and Non-Bulk
Solid Wastes, etc.)
The sample preparation for soils, sludges, and solid wastes ·
can follow that in Section 3.1.2 above. No specific published method is
available for analysis of ash samples using the DCMA quantitation mixture.
Sample preparation (extraction, cleanup, etc.) can be done according to EPA's
SW-846 (USEPA 1984a) or the EPA by-product method (Erickson 1984b; Erickson
et al. 1985a). The sample analysis by GC/ECD or GC/MS can follow that given
·in Section 3,2.2.l above. · ·
3.2.2.5 Insoluble Bulk Solids
No standard methods exist specifically for filter media and
other bulk solids .. The entire sample should be extracted with an appropriate
solvent, preferably with a Soxhl~t apparatus over multiple cycles. It is
important that the entire ·sample be extracted since the PCB content is most
likely not homogeneous and, thus, a subsample would probably not be represen-
tative. The choice of extraction solvent depends on the nature of the sample.
If the sample is heavily water-laden or hydrophilic, the solvent should wet .
the surface (e.g., mixed hexane/acetone or hexane/water/ac~tonitrile). If
the sample is hydrophobic, then extraction with a nonpolar solvent such as
hexane or benzene may be appropriate. The sample analysis by GC/ECD or GC/MS
can foliow that given in Section 3.2.2.1 above. ·
64
•
3.2.2.6 Aqueous Samples
.Scrubber water and other aqueous samples can be analyzed by
EPA Method 608 (USEPA 1984b) or fi25 (USEPA 1984c) or ASTM method D3534-80
(ASTM 1981a) only if the Aroclor pattern remains intact after the incineration.
If the Aroclor pattern is significantly altered by the destruc-
tion process, or if other PCBs (e.g., partially dechlorinated homologs) are
observ~d in the samples, then the above methods ·are not appropriate for the
analysis. An EPA method for by-pr6duct PCBs in water (Erickson 1984a) may be
used with GC/MS ·as the instrumental method. This method presents several· op-
tions, so_permit applicants must stipulate which options are to ·be used.
If the applicant chooses to use GC/ECD as the instrumental
method, the DCMA (1982) quantitation discussed above may be used. No specific
published method is available for analysis of ash samples using the DCMA quan-
titation mixture. Sample preparation (extraction, cleanup, etc.) can be done
according to EPA Method 608 (USEPA 1984b) or 625 (USEPA 1984c) or the EPA by-
product method (Erick~on 1984b). Instrumental analysis can be done according
to EPA Method 608 (USEPA 1984b). To quantitate the samples, the protocol pre-
sen.ted in Section 3.2.2.1 may be used.
4.0 REFERENCES
American Society for Testing and Materials. 11 Standard Method for Polychlori-
nated Biphenyls (PCBs) in Water, ANSI/ASTM D 3534-80,11 in Annual Book of ASTM
Standards Part 31, Philadelph1a, Pennsylvania (1981a), pp. 816-833.
American Society for Testing and Materials. 11 Standard Method fpr Analysis of
Environmental Material s for Polychlorinated Biphenyls, ANSI/ASTM D 3304-77,11
in Annual Book of ASTM Standards Part 31, Philadelphia, Pennsylvania (1981b),
pp. 877-885.
American Society_ for Testing and Materials, 11 Standard Method for Analysis of
Polychlorinated Biphenyls in Mineral Insulating Oils by Gas Chromatography,11
ANSI/ASTM D 4059-83. in Annual Book of ASTM Standards, Part 40, Philadelphia,
Pennsylvania (1983), pp. 542-550.
Bellar, T. A., and J. J. Lichtenberg,. 11 The ·uetermination of Polychlorinated
Biphenyls in Transformer Fluid and Waste Oils,11 prepared for U.S. Environmen-
tal Protection Agency, EPA-600/4-81-045 (1981).
Berg, E. L., 11 Handbook for Sampling and Sample Preservation of Water and Waste-
water,11 U.S. Environmental Protection Agency, Report No. EPA-600/4-82-029
(September 1982), 416 pp.
Dry Color Manufacturers Association, 11 An Analytical Procedure for the Deter-
mination of Polychlorinated Biphenyls in Dry Phthalocyanine Blue, Phthalo-
cyanine Green, and Diarylide Yellow Pigments," Arlington, Virginia (1982).
65
Er-ickson, M. D., 11 Analytical1 Method: The Analysis of By-Product Chlorinated
Biphenyls in Water, Revision 2,11 U.S. Environmental Protection Agency, Office
of Toxic Substances, Washington, D.C., EPA 560/5-85-012 (1984a).
Erickson, M. D., 11Ana1ytical Method:
Biphenyls in Commercial P._roducts and
mental Protection Agency, Office of
560/5-85-010 (1984b).
The Analysis of By-Product Chlorinated
Product Wastes, Revision 2,11 • U.S. Environ-
Toxic Substances, Washington, DC, EPA
Erickson, M. D., IIAnalytical Chemistry of PCBs,11 Boston: Butterworth Pub-
lishers· (i986).
Ericksoh, M. D., and J: S. Stanley, 11Methods of Analysis for By-Product PCBs--
Literature Review and Preliminary Recommendations,11 Interim Report No. 1, Of-
fice of Toxic Substances, U.S. Environmental Protection Agency, Washington,
D.C., EPA-560/5-82-005, October 1982, 135 pp.
~rickson, M. D., J. S. Stanley, K. Turman, G. Radolovich, K. Bauer, J. Onstot,
D. Rose, and M. Wickham, "Analytical Methods for By-Product PCBs--Preliminary
Validat~on and Interim Methods,'' Interim Report No. 4~ Office of Toxic Sub-
stances, U.S. Environmental Protection Agency, Washington, D.C., EPA-560/
5-82-006 (1982), 243 pp. [NTIS No. PB 83 127696].
Erickson, M. D., J. S. Stanley, J. K. Turman, and G. Radolovich, 11 Analytical
Method: The Analysis of Chlorinated Biphenyls in Liquids and Solids,11
U.S. Environmental Protection Agency, Office of Toxic Substances, Washin~ton,
D.C., EPA-560/5-85-023 (February 1985a).
Erickson, M. D., J. S. Stanley, J. K. Turman, J. E. Going, D. P. Redfor9, and
D. T. Heggem, 11 Determination of By-Product PCBs in Commercial Products and
Wastes by Hi~h Resolution GC/EIMS,11 Environ. Sci. Technol. (submitted) (1985b).
Haile, C. L., and V. Lopez-Avila, 11 Development of Analytical Test Procedures
for the Measurement of Organic Priority Pollutants--Project Sum11Jary,11 U.S.
Environmental Protection Agency, Environmental Monitoring and Support Labora-
tory, Cincinnati, Ohio, EPA-600/S4-84-001; (Full Report available as NTIS No .
. PB ,84~129 048) (1984).
Midwest Re~earch Institute, "Operating Procedure -Analysis of Samples for .
PCBs by GC/ECD, 11 EPA Contract No. 68-02-3938, MRI Project No. 8501-A6
(December 1985).
U.S. Environmental Protection Agency, "Samplers and Sampling Procedures for
Hazardous Waste Streams,11 Report No. EPA-600/2-80-018 (January 1980).
U.S. Environmental Protection Agency, 11The Analysis of Polychlorinated Biphenyls
in Transformer Fluid and Waste Oils,'' Office of Research and Development, Envi-
ronmental Monitoring and Support Laboratory, Cincinnati, Ohio (February 1981).
U.S. Environmental Protection Agency, "Sampling and Analysis Methods for Haz-
ardous Waste Combustion (First Edition),11 prepared by A. D. Little, Inc.
(December 1983).
66
U.S. Environmental Protection Agency, "Test Methods for Evaluating Solid Waste-
Physical/Chemical Methods,.SW-846, 2nd Editionw Revised,11 Office of Solid Waste
and Emergency Response, Washington, DC (April 1984a).
U.S. Environmental Protection Agency, 11 0rganochlorine Pesticides and PCBs--
Method 608,11 Fed. Regist., 49(209), 89-104 (October 26, 1984b).
U.S. Environmental Protection Agency, "Base/Neutrals, Acids, and Pesticides--
Method 625, 11 Fed. Regi st. , 49(209), 153-174 (October 26, 1984c). ·
67
APPENDIX C
OTS GUIDANCE ON FREQUENTLY ASKED QUESTIONS
June 1986
68
,
..
PREFACE
This Appendix presents answers to frequently asked questions ·related
to permitting of incinerator facilities. The answers represent OTS guidance,
as of June 1986 .
69
Types of Processes Permitted
Question 1: How does OTS approve extraction and distillation type processes?
Answer: OTS will issue a permit -for the overall system and not .for individ-
ual unit .operations. The system must be closed. All working fluids
must be labeled in accordance with the original concentration of the
treated material, 1;1nless shown to be of a lowet7 concentration. All
fluids, filters, wastes, and the system itself must be appropriately
marked before leaving the site, unle~s shown to be less thah 2 ppm
per r~solvable chr6matographi~ peak in the PCB retention window.
All fluids and PCB-containing materials should be tested before
leaving the site so that· a formal accounting or mass balance of
PCBs is maintained. Records must be kept for any effluent streams.
The PCB-containing product materials (fluids, filters, etc.) must
be disposed of according to regulations (i.e., incinerated).
Specific examples include:
a. Processes which are authorized (as defined in Glossary of
Terms) according to 40 CFR 761.30 are:
*
*
Closed filtration units to remove PCBs from transformer
dielectric fluids; and
Extraction/distillation processes which remove PCBs from
transformer dielectric fluids if the dielectric is reused
in PCB-controlled equipment and the concentrated waste is
_disposed according to the regulations.
b. An extraction/distillation process which uses a solvent working
fluid to remove PCBs from transformers ,must incinerate all the
resulting material, or must label all the material as PCB-
containing in accordance with the original concentration of the
fluid being treated, or must obtain a PCB destruction permit
'requiring the PCBs to be destroyed to below 2 ppm per re-
solv~ble chromatographic peak. ·
·c. Destruction systems with an ancillary extraction/distillation
process will b~ permitted as an entire unit and must treat the
PCB material to below 2 pp~ per resolvable chromatographic peak.
Question 2: How should companies apply for disposal of more than one kind of
material by a single process?
Answer: Applicants must justify the applicability of the process to the dif~
ferent types of PCB materials. The justification must include a
documentation of the effectiveness of the process with the different
matrices. This may be limited to calculations showing the lack of
70
\ .
matrix effect on PCB destruction efficiency or, preferably, would
include R&D results demonstrating the process effectiveness. EPA
normally will require that a field demonstration may be adequate
for each matrix.
Conditions Which May Be Included in Permits
Question 3: . What physical/chemical parameters for matrices to be tested wili
b~ specified for PCB fluids in PCB disposal permits issued to
chemical destruction and other alternate methods of ~estruction
facilities.
Answer: In general, permits are issued only for the matrices demonstrated.
Permits will be issued according to the following scheme:
a. Mineral oil dielectric fluid (MODEF) -the qualifier 11 dielec-
tric fluid11 identifies a specific type of mineral oil. There-
fore, additional description within the permit is unnecessary.
b. Heat transfer fluid -the wide range of fluid types used in
heat transfer applications makes it necessary to specify,
within the permit, either the particular brand name authorized
(i.e., Therminol 55) on a specific set of chemical and phys-
ical characteristics.
c. Hydraulic fluid -the material used in this capacity is suf-
ficiently similar that it will not be permitted by brand name.
Rather, the allowable bottom solids, water content (e.g., 10%)
or other physical or chemical properties will be specified.
d. Other -:-in this category are waste oils, -kerosene, etc.
Authorizations to dispose of these fluids will be written on
an individual basis. Chemical analysis and · category of appli-
caticin will be the description criteria used for the permits.
Quesiion 4: Can less rigorous or less itri.ngent analytical techniques be used
during commercial operation -of chemical processes than were used
during the process demonstration(s)?
Answer: No . For chemical treatment processes, the analytical technique
which will be used during commercial site operation is considered
integral to the process and therefore must be demonstrated on-site.
Quality assurance information for that technique must be provided
to support the application/demonstration plan. Confirmatory testing
(i.e., by another laboratory) should be conducted to verify the re-
sults of field units. OTS reserves the right to spotcheck the ana-
lytical methodology and results. In order to meet th~ equivalency
requirement to incineration, the-additional burden of analyzing the
final concentration of each batch is deemed appropriate and neces-
sary by OTS. .
71
Question 5: Is 11 blend-down11 pf PCB fluids authorized?
Answer: Blending and/or spiking is allowed only for the purpose of achiev-
ing a partic~lar treatment concentration during process demonstra-
tions. However/ during commerci.al operation no material which ex-
ceeds the conce.ntrat ion 1 eve 1 demonstrated and authorized by the
permit, may be diluted or blended.
Question 6: How should process filters be disposed?
Answer:· ·For pro~ess .filters which utilize activated charcoal or macroretic-
ular resins (e:g., XAD-2)·, the used and contaminated material must
be disposed of by EPA-approved · incineration. Other filter media
shall also be incinerated unless the PCB concentration of the fil-
ters, as determined by chemical analysis, is < 2 µgig/resolvable
chromatographic peak, in which case, the filters are not regulated.
The applicant must obtain approval for alternate disposal from 0TS.
Question 7: What are the requirements for handling by-product wastes from
alternative technology processes?
Answer : Permits issued for blternative destruction processes gen~rally will
require that all treated materials and by-product waste streams must
have PCB concentrations of less than 2 µgig/resolvable chromatographic
peak (ppm). If this condition is not met, the effluents containing
2 ppm or greater must be disposed as if they contained the PCB con-
centration of the original influent material .
Demonstration Test Protocol
Question 8: What are the testing requirements for dioxins and furans during
process demonstrations?
Answer: Chemical reaction systems which use sodium reduction will not bi
required to perform dioxin and furan analyses if operated below ap-
proximately 5O0.°C. Systems which operate in excess of 500°C will
be evaluated on a case-by-case basis. Similarly, other alternate
destruction systems will be evaluated individually.
Question 9; Should all process effluents be analyzed?
Answer: If the PCB feed material being treated by the process is pver 500
ppm PCB 1 then the resulting effluents must be incinerated unless an
analysis is conducted and indicates that the PCB concentration is
below 2 ppm per PCB peak.
72
Question 10: Does 0TS require testing of air emissions (e.g., PCBs or benzene)
during chemical proce~s demonstration tests?
Answer: Any emissions (gaseous, liquid, or solid in nature) must comply with
all other relevant Federal, state, and local regulations. For chem-
ical treatment processes, 0TS requires documentation verifying that
no air emission regulations are violated. 0TS reserves the right
to require or conduct sampling of any gaseous effluent stream. Re-
sults of pr~-demonstration testing for air emissions will be re-
. viewed by 0TS, but not necessarily accepted in. lieu of data acquired
during a demonstrati9n test~
Question 11: How many batches must be treated during a chemical . process demon-.
strati on?
Answer: For chemical treatment processes, a demonstration should include as
a minimum, three full-scale batches treated on separate days, or on
the same day ·following system shutdown(s). At least two concentra-
tion levels should be tested. A replicate run at the highest con-
centration should be conducted. The higher concentration should be
approiimately double the lower unless the applicant has reason to
use different concentrations.
Question 12: What PCB standards are recommended for analytical testing?
Answer: The PCB standard chosen depends on the PCB composition in the sam-
ples and the purpose of the data.
a. If a waste feed sample is being assayed for initial PCB con-
centration, and if it consists of an identifiable Aroclor (or
other commercial mixture) or combination of Aroclors, the in-
strument may be calibrated using the appropriate Aroclor or
combination of Aroclors. The standard concentrations must be
within the working range of the instrument and must bracket
the concentration of the sample dilutions.
b .. If the sample does not contain a PCB mixture similar to the
Aroclors or other commercial miitu~es, the applicant must dem-
onstrate that a 11 PCBs are being measured. The product on
from a chemical treatment process and similar samples are in
,this category. For chemical destruction processes, a 11 peaks
must be less than 2 ppm/re sol vab 1 e chromatographic peak.
The PCB elution window is defined by the retention times on a
gas chromatograph between 2-chlorobiphenyl and decachlorobi-
phenyl. The calibration mixture is generally a solution con-
taining one each of the 10 PCB homologs (i.e., mono-, di-,
tri-, ... decachlorobiphenyl; e.g., the 11 DCMA11 solution avail-
able from chromatography supply companies).
73
As with the Aroclor calibration, the standard concentrations
must be within the working range of the instrument and must
bracket the concentration of the samples.
Any peaks within the PCB retention window must be calculated
as PCBs unless the analyst can demonstrate through use of
b 1 anks, confirmatory techniques, or other methods that the
peak(s) in question is not a PCB.
Preparations for a Demonstration
Question 13 : Is · an R&D program, or ·some other demonstration of the ability to
operat~, required prior to scheduling an official test demonstra-
tion?
Answer: For previously unpermitted facilities OTS recommends eithe~ a pre-
liminary R&D program with PCBs or use of a PCB substitute for shake-
down of the unit. An R&D permit will not be issued for more than
three total batches. It should be stressed that once the applicant
'proceeds with a demonstration test, if the demonstration schedule
is not adhered to, OTS will reserve the right to rescind the p~rmit
while on-site or leave the demonstration before it is completed .
Another demonstration cannot be rescheduled for a minimum period of
three months.
Question 14: Will applicant preparedness be screened prior to demonstration?
Answer : OTS will work with applicants to ensure that the process ·is ready
prior to the demonstration. This may include evidence of success-
ful operations under similar conditions. For facilities where im-
mediate on-site analyses of product is required as part of the
demonstration, successful analysis_ of QA samples may be required
before the demonstration as a method of screening out unprepared
applicants.
Test Demonstrations
Question 15: What criteria will be used to make an on-site determination to
discontinue a demonstration?
Answer : ' For chemical treatment methods , an acceptable run must be completed
on the first day or EPA representatives will have sufficient cause
to leave . Two interruptions will be allowed during processing of
any batch . Additional interruptions automatically invalidate the
run' s results.
If the demonstration schedule is not adhered to, OTS will reserve
the right to rescind the permit while on-site or leave the demon-
stration before it is .completed. Another demonstration cannot be
rescheduled for a minimum period of three months.
74
r
'I
APPENDIX D
ADDRESSES FOR HEADQUARTERS AND REGIONAL OFFICES
75
Addresses follow for U.S. EPA Headquarters and Regions. Headquarters will
supply the names of Regional PCB Coordinator~ upon request.
Headquarters
Director of the Office of Toxic
Substances (TS-792)
Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Region 1 .
(Connecticut; Maine, Massachusetts,
New Hampshire; Rhode Island, Vermont)
Regional Administrator
Environmental Protection Agency
John F. Kennedy Federal Building
Boston, Massachusetts 02203
Region 2 .
(New Jersey, New York)
Regional Administrator
Environmental Protection Agency
26 Federal Plaza
New York , New York 10278
Region 3
(Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia,
We~t Virginia) ·
Regional Administrator
Environmental Protection Agency
841 Chestnut Street
~hiladeJphia , Pennsylvania 19107 .
Region 4
(Alabama , Florida, Georgia, Kentucky,
Mississippi, N6rth Carolina, South
Carolina, Tennessee)
Regional Administrator
Enviro nmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
76
• Region 5. .
(Illinois, Indiana, Michigan, Minnesota
Ohio, Wisconsin)
Regional Administrator
Environmental Protection Agency
230 South Dearborn Street
Chicago, Illinois 60604
Region ·6 ·
(Arkansas, Louisiana, New Mexico,
Oklahoma, Texas)
Regional Administrator
Environmental Protection Agency
First International Building
1201 Elm Street
Dall~s, Texas 15270
Region 7
(Iowa, Kansas, Missouri, Nebraska)
Regional Administrator
Envfronmental Protection Agency
726 Minnesota Avenue
Kansas City, Kansas 66101
Region 8
(Col or ado, Montana, North Dakota_,
South Dakota, Utah, Wyoming)
Regional Administrator
Environmental Protection Agency
999 18th Street, Suite 1300
Denver, Colorado 80202-2413
Region 9
(Arizona, California, Hawaii, Nevada)
Regional Administrator
Environmental Protection Agency
215 Fremont Street
San Francisco, California 94105
Region 10
(Alaska, Idaho, Oregon, Washington)
Regional Administrator
Environmental Protection Agency
1200 6th Avenue
Seattle, Washington 98101
77
I
APPENDIX E
ANNOTATED BIBLIOGRAPHY
78
,
'
D. G. Ackerman, L. L. Scinto, P. S. £akshi, R .. G. Delumyea, R. J . Johnson, G.
Richard, A. M. Takata, and .E. M. Sworzyn; 11 Qestruction and Disposal of PCBs
by Thermal and Non-Thermal Methods,11 Noyes Data Corporation, Park Ridge, NJ,
1983, 417 pp.
Guidance -Thermal and Non-Thermal
This is a verbatim combination of two EPA reports:
1. Swo~zyn and Ackerman (1982) [EPA-6OO/2-82-O69], and
2. Ackerman et al ., (1981) [EPA-60O/2-81-O22].
-------------------------------------------------------------------------·---
Department of Health, Education, and Welfare, Public Health Service, Center
for Disease Control, N~tional Institute for Occupational Safety and Health,
1'Criteria for a Recommended Standard ... Occupational Exposure to Polychlorinated
Biphenyls (PCBs),11 September 1977, 224 pp. (available from U.S . Government
Printing Office, Washington , DC).
Worker Safety and Health
The National Institute for Occupational Safety and Health (NIOSH) recom-
mends that employee exposure to polychlorinated biphenyls (PCBs) in the work-
place be controlled .by adherence to the following sections. The standard is
designed to protect the health and provide for the safety of employees for up
to a 1O-hour workday, 4O-hour workweek, over a _normal working lifetime. The
standard is measurable by techniques that are valid, reproducible , and avail-
able to industry and governmental agencies . Compliance with the standard
should substantially reduce any risk of. reproductive or tumorigenic effects
of PCBs and prevent other adverse effects of exposure in the workplace. Em-
ployees should regard the recommended workplace environmental limit as the
uppe r boundary for exposure and make every effort to keep exposure as low as
possible.
Evidence indicates adverse reproductive and tumorigenic effects in exper-
imental anim~ls exposed to certain com~ercial ·PCB preparations . Currently
available i nformation ·is not· adequate to demonstrate that other commercial
PCB preparations do not have these effects . Should sufficent information be-
come available to indicate that the standard offers greater or lesser protec-
t i on from some chlorobiphenyl isomers or commercial preparations than is needed,
it will be considered for revision. [from Recommendations section of report]
79
R. L. Durfee, G. Contos, F. D. Whitmore, J. D. Barden, E. E. Hackman; III,
and R. A. Westin, "PCBs in the United States -Industrial Use and Environmental
Distributions," U.S. Environmental Protection Agency, Office of Toxic Sub-
stances, Washington, DC, Report No. EPA 560/676-005 [NTIS No. PB-252012], 1976,
488 pp.
Review of Disposal and Destruction Methods
This document, presents the . current state of knowledge about the produc-·
. tion, usage, and distribution of polychlorinated biphenyls (PCBs) in the
United States. Th~ information presented is derived from de~ailed studies· on
the production and first tier user industries, the past and present ~enera-
tion and disposition of PCB-containing wastes, environmental transport and
cumulative loads, potential .alternatives to PCBs usage, inadvertent losses to
and potential formation in the environment, and current regulatory authorities
for PCBs control. These results indicated that, although PCBs content of in-
dustrial wastes can be reduced through various approaches (treatment, substi-
tution, etc.), there exists a potentially severe future hazard in the form of
large amounts of PCBs currently contained in land disposal sites. Further
definition of this and other aspects of the PCBs problem, and determination
of ways to minimize the hazard, are recommended. [author's abstract]
Environmental Protection Agency, 11 40 CFR Part 761, Polychlorinated Biphenyls
(PCBs) Manufacturing, Processing, Distribution in Commer~e, and Use Prohibi-
tions," Federal Register, 44, 31514-31568, May 31, 1979 .
TSCA Rules
This final rule implements provisions of the Toxic Substances Control
Act (TSCA) prohibiting the manufacture, processing, distribution in commerce,
and use of polychlorinated biphenyls (PCBs). Specifically, this rule:
(1) Prohibits all manufacturing of PCBs after July 2, 1979, unless spe-
cifically exempted by the Environmental Protection Agency (EPA);
(2). Prohipits the processing, distribution in commerce, and use of PCBs
except in a totally enclosed manner after July 2, 1979;
(3) Authorizes certain processing, distribution in commerce, and use of
PCBs in a non-totally enclosed manner (which would otherwise be subject to
the prohibition described above);
(4) Prohibits all processing and distribution in commerce of PCBs after
July 1, 1979, unless specifically exempted by EPA. [author's summary]
--.---------------------------------------------------------------------------
80
' '
Environmental Protection Agency, "Region V Strategy for Permitting PCB Dis-·.
posal Sites,11 Process Evaluation Unit, Technical, Permits and Compliance Sec-
tion, Waste Management Branch, Waste Management Division, Region V, U.S. En-
vironmental Protection Agency, Chicago, IL, undated, 68 pp.
Guidance
This document describes the permitting experiments by repeating the appli-
cable CRF Sections and providi~g examples of approval and consent letters.
Participant programs (public hearings) procedures and a checklist for evaluat-
ing applications are appended.
-----------------------------·-.---------------------------------------------
Environmental Protection Agency, 1140 CFR Part 761, Polychlorinated Biphenyls
(PCBi) Manufacturing, Processing, Distribution in Commerce and Use Prohibitions;
Recodification,11 Federal Register, 47, 19526-19527, May 6, 1982.
TSCA Rules
This action recodifies 40 CFR Part 761 which deals with polychlorinated
biphenyls (PCBs). The recodification provides for a more orderly organization
of the material. No substantive changes are involved. [author's summary]
-------------------------~---------------------------------------------------
Environmental Protection Agency, 11 40 CFR Part 761--Polychlorinated Biphenyls
(PCBs)--Procedura1 Amendment of the Approval Authority for PCB Disposal Facili-
ties and Guidance for Obtaining Approval,11 Federal Register, 48, 13181-13186
(1983).
TSCA Rules
This procedural rule change gives the Assistant Administrator for Pesti-
cides and Toxic Substances (Assistant Administrator) authority to approve cer-
tain PCB disposal faiilities which have previciusly been subject to approval
by each Regional Administrator. The Assistant Administrator will be the ap-
proval° authority .for facilities which are operated in more than one region.
The Regional Administrators will continue to have the authority to approve
all unique, site-:specific facilities such 'as landfills, stationary incinera-
·to~s: and research and development into PCB disposal methods. This amendment
does not change any standards for approving PCB disposal activities and should
provide better responsiveness to the needs of the public and industry. In
addition, EPA is providing supplemental guidance to assist persons applying
for approval of PCB disposal technologies that are alternatives to incfnera-
tors and high efficiency boilers. [autho_r.1 s summary]
81
M.· O. Erickson and J. S. Stanley, IIMethods of Analysis for By-Product PCBs--
Literature Review and Preliminary Recommendations," Report by Midwest Research
Institute, Kansas City, MO, to David P. Redford, U.S. Environmental Protection
Agency, Office of Toxic Substances, Field Studies Branch, Washington, DC,
EPA-560/5-82-005, 1982, 135 pp.
Sampling and Analytical Methods
A review of the literature on polychlorinated biphenyl (PCB) analysis and
recommendations for methods to determine by-product PCBs in commercial prod~
ucts and other matrices are presented. This report was prepared to assist EPA ·
in formulating a rul~ regulating by-~roduct PCBs. The published literatute on
PCB analysis is critically reviewed. Several hundred references are cited in
a bibliography .. The review is subd~vided into extraction, cleanup, determina-
tion, data reduction, confirmation, screening, qua 1 i ty assurance, and by-
product analysis sections. The determination section includes TLC, HPLC, GC
(PGC and CGC), GC detectors (ECO, FIO, HECD, EIMS, and other MS), and ·non-
chromatographic analytical methods (NMR, IR, electrochemistry, NAA, and RIA).
Tech 1niques applicable to analysis of commercial products., air, and water for
by-product PCBs are discussed. The fi na 1 section of this report presents a
recommended overall primary analytical scheme. [authors' abstract]
-------------------------------.---------------------------------------------
M. 0. Erickson, J. S. Stanley, G. Radolovich, K. Turman, K. Bauer, J. Onstot,
0. Rose, and M. Wickham, "Analytical Methods for By-Product PCBs--Initial Vali-
dation and Interim Protocols," Report by Midwest Research Institute, Kansas City,
MO, to David P. Redford, U.S. Environmental Protection Agency, Office of Toxic
Substances, Field Studies Branch, Washington, DC, EPA-560/5-82-006, 1982, 243 pp.
Sampling and Analytical Methods
This document presents proposed analytical methods for analysis of by-
product PCBs in commercial products, product waste streams, wastewaters, and
air. The analytical method for commercial products and product waste streams
consists of a flexible approach for extraction and cleanup of particular ma-
trices .· The 1 ~C-:-labeled PCB surro·gates are added as part of a strong quality
assurance program to determine levels of recovery. The wastewater method is ·
based on EPA Methods 608 and 625 with revisions to include use of the 13C-
labeled PCB surrogates. The air method is a revision of a propbsed EPA method
for the collection and analysis of PCBs in air and flue gas emissions. Capil-
lary or packed column gas chromatography/electron impact ionization mass spec-
trometry is proposed as the primary instrumental method. Response factors
and retention tim~s of 77 PCB congeners relative to tetrachlorobiphenyl-d6 are presented in addition to statistical analysis to project validity of the
data and extrapolation of relative response factors to all 209 possible con-
geners. Preliminary studies using the 13C-labeled surrogates to validate
specific cleanup procedures and to analyze several commercial products and ·
product wastes indicate that the proposed analytical methods are both feasible
and pr act i ca 1. [authors I abstract]
82
I
l
L. Fradkin and S. Barisas, 11Technologies for Treatment, Reuse, and Disposal
of Polychlorinated Biphenyl Wastes,11 Prepared for U.S . Department of Energy,
ANL/EES-TM-168, 1982 (NTIS No. DE82013715).
Review of Disposal and Destruction Methods
Several technologies being developed by private industry and government
to meet U.S. Envi~onmental Protection Agency regulations for PCBs were as-
sesse~ to assist in the selection of regulations for PCBs were assessed to
assist in the selection .of the best process for a particular application.
Methods evaluated include a sodium naphthalide system, a sodium-amine method,
the NaPEG TM process, plasma-arc technology, ultraviolet-ozone treatment,
catalyzed· wet oxidation, hydrothermal dechlorinat,on, light-activated ·reduc-
tion, and EPAC filters as well as the approved methodi of land disposal and
incineration.
Navy, 11 PCB Compliance, Assessment, and Spill Control Guide,11 Naval Energy. and
Environmental Suppori Activity, Fort Hueneme, CA, Report No. NEESA-20 .2-028A
[NTIS No. AD-Al21 329/7] August 1982, 105 pp.
Guidance
Polychlorinated biphenyls (PCB) are toxic belonging to the well-known
chlorinated hydrocarbon family. Because of their low flammability and high
stability, PCBs have been extensively used as coolants and insulators in elec-
trical equipment. However, due to the known environmental and health problems
occurring from improper use and ·handling, the Environmental Protection Agency
has promulgated stringent regulatory controls concerning use, storage, tra,ns-
port and disposal of PCBs leading to a total ban on use of PCBs. This guide
was designed to assist Navy activities in complying with these comp1ex and
intricate regulations , [author 1 s abstract]
E. M·. Sworzyn and . D. G. Ackerman, 11 Interim Guidelines for the Disposal/
Destruction of ·PCBs and PCB Items by N·on-:therma l Methods, 11 Report by TRW,
Inc., Redondo Beach, CA 90278, to David Sanchez, EPA, Office of Research and
Development , Research . Triangle Park, NC, EPA-600/2-82-069, 1982, 177 pp.
(NTlS No. PB82 217498). .
Guidance-· Non-Thermal
The report is an interim resource and guideline document to help EPA
regional offices implement the polychlorinated biphenyl (PCB) regulations
(40 CFR 761) for using non-thermal methods of destroying/disposing of PCBS.
The report describes and evaluates various alternative chemical, physical,
and biological PCB removal and/or destruction technologies, including:
carbon adsorption ; catalytic dehydrochlorination; chlorinolysis; sodium-based
dechlorination; photolytic and microwave plasma destruction; catalyzed wet-air
oxidation; and activated sludge, trickling .filter, and other bacterial methods.
83
-The alternative technologies r,,1ere evaluated usi:1 technical, regulatory, envi-
ronmental impact, econom .i c, and energy criteria. . Because the tech no l ogi es in-
vestigated are in various stages of development (only sodium-based dechlorina-
tion is available commerc1ally), data deficiencies exist and good engineering
judgment was used to, ·st1pp;fement available quantitative information. Of the
tech no l ogi es evaluated, many show · potential for > 90% PCB destru'ct ion with l
minimum environmental impact and low-to-moderate economic cost. These tech-
·nologies are: catalytic dehydrochlorination, sodium-based dechlorination, '\f
and photolytic and microwave plasma processes . [author 1 s abstract] 1
.. . --------------------------------------------------------------------------
J. V. Zbozinek, T. J. thang, J. R. Marsh, P. K. McCormick, and J. E. Mccourt,
11 PCB Disposal Manual , 11 Report by s·cs Engineers, Inc. , Long Beach, Ca 1i forni a
for the Electric Power Research Institute, Palo Alto, California, CS-4098,
1985.
Guidance
The objective of this report is to present an .update of the information
presented in FP-1207, Volume 1, published in 1979. There have been signifi-
cant changes both to the regulations and the technology in the intervening
period, · This report emphasizes the technology in the intervening period.
This report emphasizes those areas which were subject to the greatest change,
as well as new areas that were not considered when the previous volume was
published. Among the various areas of PCB disposal which are addressed in
this report are PCB materials and their distribution in the utility industry,
regulations, thermal destruction technology, land disposal, treatment tech-
nologies, disposal capacity and demand, and a PCB management program. It is
intended that this manual provide sufficient detail to be useful in utility
decision pro~esses, .even with the realization that regulations are once again
in a state of change, as are the available processes and disposal capacities
[authors 1 abstract].
84
..,,, J..N 28 93:'.3
·QUALITY ASSURAf:lCE AND QUALITY CONTROL PROCEDURES FOR
DEMONSTRATING -PCB DESTRUCTION IN FILING
FOR A PCB DISPOSAL PERMIT
I~TRODUCTION
The ap-plicant shall provide information on the overall
company organization an~ the organization of the act~al group
carrying out the processing or PCB -~~struction. Incl_µ __ ste a table
or chart showing the ·project organization and t ·he line of
authority. This table or chart should list all the key
individuals, including t _~os~ who are responsible for ensuring the
collection of valid measurement data and routine assessment of
measurement systems for precision and accuracy.
A general description of the project shall also be
included. This should contain; the experimental design, flow
diagrams if available, tables, charts, and dates anticipated for
start and completion.
A demonstration of nestruction of PCBs by a chemical process
will require specific quality assurance and quality c_ontrol
(QA/QC) measures.
As a minimum these measures are a Quality Assurance · Plan
signed by process officials and containing:
(1) documents demonstrating the capability and capacity
t~ ~~~troy PCBs in the materials to be processed by the
potential permitee to levels at or above the requested
pe rrni t level;
(2) chemical reactions and process conditions (for
ex.ample; temperature changes, viscosity changes,.
st.irring) changing the kinds of product·s, amounts of
products, or rates of reaction resulting from the
,' destruction of PCBs in the medium for which the permit
~~
y
is requested;
(3) procedures for selecting the portions of -the
process-ed material specimens to be chemically analyzed
to demons-trate PCB destruction and chain of custody of
the specimens;
(4) treatment of .the mate.rial to be chemicarty
analyzed;
(5) the chemical analysis procedures used including
references, specimens and instrument settings;
( 6) calculations employed to transform instrument
readings into raw data and raw data into reported dataJ
(7) method of verifying reported results;
(8) certification that there are no PCBs b~low EPA
required levels in any waste materials.
Detailed De script ions
(1) Preliminary laboratocy testing on .the material to be
treated (e.g. mineral oil dielectric fluid) should be done
before applying for a permit •. The potential permittee must
provide--Ae.cessary documentation to demonstrate that, for the
medium to be treated the process has the capability and
capacity to destroy PCBs. Part of the demonstration would
be:
(a) how any specimens analyzed in such · a demonstration
were sampled from the larger amount to be treated. An
example might be: a 100 milliliter specimen uas
withdrawn_ by a volumetric pipette from each of three
different randomly selected fifty-five gallon drums.
The .three specimens were emptied, in turn, into a brown
glasi one liter bottle with a teflon lined c~p;
(b} ~r-ea-tment of the material, collected in (a) above,
prior to chemical analysis;
( c) analytic al procedures -· E'o r qua n ti fyi ng PCB"s in the
material collected in (a) and located in (6);
(d) results of the chemical analyses before and after
the destruction process.
(2) Relevant chemical reactions to be reported are all
reactions of PCBs with the ingredients in the process. Any
confidential business information (CBI) must be submitted
through established procedures. A version eliminating CBI is
more easily and expeditiously ,handled in permit review. rn
addition to chemical reactants and productsj the applicant
must detail all changes in operating conditions which effect
the destruction of PCBs, such as temperature or impurities
which canpe te for the -process active ingredients. Products
of reaction of the process active ingredient with the medium
to be processed and impurities in that med i urn shal 1 be
stated.
(3) For the actual full scale or large capacity destruction
deroonst-r-ation, there must be a written description of how the
medium to be processed is sampled to obtain specimens for
analysis. To demonstrate destruction, a representative
sample is necessary. One· way of obtaining a -representative --.--
sample, when only limited sampling sites are available, is by
randanly (over time) collecting subsamples and then
compositing the subsamples to a single composited sample.
,,.'I'he sampling must take place fr an the material as it is
,returned to the customer for storage or use. Mid-process
_I 4
specimens, while helpful, do not demonstrate destruction.
(4) Detail.s of the handJ.ing, physical and chemical treatment
of a specimen to be chemically analyzed for PCBs must
include, but are not iimited to, reagents added, source of
collection vessels, preparation of collection vessels, any
extractions or separations of a ir~ated specimen.
Examination of all separated parts for PCBs is necessary.
For example, if a separating funnel is used and there are two
layers, if one layer is· assumed to contain PCBs and the other
layer is discarded, then the discarded layer must be examined
and proven free of PCBs. If a process is "quenched" with
sulfuric acid, detailed descriptions are required to
dem:>nstrate that the sulfuric acid used is in the same
proportion in quenching the specimen to be analyzed as in
quenching the large volume of the medium processed. This
description is necessary because of the degradation of less
highly chlorinated PCB congeners by sulfuric acid.
(5) Details of the chemical analysis must include the method
used and reference of that method to any published method
which has been demonstrated to detect chlorinated biphenyl
congeners with a known precision and accuracy. EPA will
provide methodology guidance for chemical analysis of PCB
destruction in a separate document.
It is ~ssible t _o use screening techniques employing
very sensitive but not specific chemical analyses to
determine quantities of potential chlorinated biphen·y1
congeners. EPA will identify .and confirm PCBs by -the
techniques described in "Analytica-1 Methods for By-Product
PCDs -Preliminary Validation and Interim Methods". Quality
assurance and quality control for analytical me~hodology
incl~des but is not restricted to:
(a) a table of instrumental settings and other
5
paratne ters required to ceproduc ibly measure PCBs. For a
ga-s chr~matographic technique some requirements include
type of column material, column packing/coa.ting, column
·1ength, gas composition, gas flow rate, injection
volume, attentiation, type of detector, column
temperature, detector temperature, and brand and mociel
number of instrument(s):
(b) ~precision and accuracy determination procedures and
results, including ·frequency of calibration, replicated
analyses, standard reinforced specimens, PCB standards,
and blanks. Standards must cover the range from
monochloro biphenyl through decachloro biphenyl and it
is suggested that at least one congener from each
homo log be used in a standard "cocktail". The level of
this cocktail should be such that PCBs can be quantified
at the Level of Quantitation as defined by the (Closed -
and Controlled Rule 47 FR 46980). Any measurable
indication of a compound in the r~nge between and
including monochlorobiphenyl and decachlorobiphenyl is
considered PCBs unless confirmed by mass spectral
analysis.
(c) traceability of standards:
(d) participation in audit programs when available:
(e) confirmation of split specimens with an independent
laboratory:
(f) copies of instrument charts or tracings, such as
chromatograms with all information necessary for
interp~etati~n and reference as in part S(a).
(6) All foz;mulas, calculations, and equations used in
converting instrument readings or rrintouts to refined data
,_ 6
or results must be documented. Include procedures used to
confirm-correct calculations and transcription.
(7) A·ny other checks em.ployed to verify results but not
given in 1-6 above.
(8) A statement, signed by the f~sponsible offici~!_ __ seeking
the permit, that:
All "clean" materials have been documented and
demonstrated to have no PCBs above EPA required levels,
additionally all waste materials have either been
document.ed and demonstrated to have no PCBs, or -the
plans for disposal of these wastes are attached. Wastes
include, but are not limited to, quenching water,
unprocessed material leaked or spilled during connect ion
to or release from the process, any polymers formed, anq
the residue resulting fran the destruction of PCBs.
I,
...
INTERIM GUIDELINES AND SPECIFICATIONS FOR
PREPARING QUALI'IY ASSURANCE PROJECT PLANS
QAMS-005/80
Office of Monitoring Systems and Quality Assurance
Office of Research and Development
United States Environmental Protection Agency
Washington, D. C. · 20460
December 29, 1980
ACKNOWLEDGEMENTS
This document has been prepared by the Quality Assurance Management Staff' of
the Office of Research and D~velopment in cooperation with Systems, Science and
Software of San Diego, California. We gratefully acknowledge the assistance or Mr.
Darryl von Lehmden of the · Environmental Monitoring and Systems Laboratory or
Research Triangle Park, North Carolina. The assistance of the Agency's Quality
Assurance Officers in reviewing the document and providing comments during its
generation is also gratefully acknowledged.
DISCLAIMER
Mention of trade names or commercial products does not constitute EPA
endorsement or recommendation for use.
..
ABSTRACT
The Agency-wide quality assurance policy stipulates that every monitoring and
measurement project ·must have~ written and approved Quality Assurance (QA) Project
Plan. A QA Project Plan is a written document, which presents, in specific. terms, the
policies, organization (where applicable), objectives, functional activities, and specific
QA and quality control (QC) activities designed to achieve the data quality goals or a
specific· project(s) or continuing operation(s). The QA Project Plan is required for each
specific project or continuing operation (or group or similar projects or continuing
operations). The QA Project Plan will be prepared by the responsible Program Office,
Regional Office, Laboratory, contractor, grantee, or other organization.
This document describes the sixteen elements which must be considered for
inclusion in all Quality Assurance Project Plans, and establishes criteria for plan
preparation, review and approval. All QA Project Plans must describe procedures which
will be used to document and report precision, accuracy and completeness or
environmental measurements.
ii
..
CONTENTS
· Section Pages Revision Date
ABSTRACT 1 4 12-29-80
1.0 INTRODUCTION 1 4 12-29-80
2.0 DEFINITION, PURPOSE
AND SCOPE 2 4 12-29-80
2~1 Definition 4 12-29-80
2.2 Purpose 4 12-29-80
2~3 Scope 4 12-29-80
3.0 PLAN PREPARATION & 3 4 12-29-80
RESPONSIBILITIES
3 .1 Document Control 4 12-29-80
3.2 Elements of a QA
Project Plan 4 12-29-80
3.3 Responsibilities 4 12-29-80
4.0 PLAN REVIEW, APPROVAL & DISTRIBUTION 1 4 12-29-80
5.0 PLAN CONTENT
REQUIREMENTS 18 4 12-29-80
5 .1 Title Page 4 12-29-80
. 5. 2 Table of Contents 4 . 12-29-80
5.3 Project Description 4 12-29-80
5.4 Project Organization and
Responsibility 4 12-29-80 \
5.5 QA ·objectives for Measurement
Data in Terms of Perecision,
Accuracy, Completeness,
Representativeness, and
Comparability 4 12-29-80
ii i
•
CONTENTS (Continued)
Section Pages Revision Date
5.6 Sampling Procedures 4 12-29-80
5.7 Sample Custody 4 12-29-80
5.8 Calibration Procedures
and Frequency 4 12-29-80
5.9 Analytical Procedures 4 12-29-80
5.10 Data Reduction,
Validation&·
Reporting 4 12-29-80
5.11 Internal Quality
Control Checks 4 12-29-90
5.12 Performance & System
Audits 5 10-18-91
5.13 Preventive Maintenance 4 12-29-80
5.14 Specific Routine
Procedures Used to
Assess Data Precision,
Accuracy & Completeness 4 12-29-80
5.15 Corrective Action 4 12-29-80
5.16 Quality Assurance
Reports to
Management 4 12-29-80
6.0 QUALITY ASSURANCE PROJECT
PLANS VERSUS PROJECT
WORK PLANS 1 4 12-29-80
7.0 STANDARD OPERATING
PROCEDURES 2 4 12-29-80
8.0 SUMMARY 1 4 12-29-80
REFERENCES 2 4 12-29-80
APPENDICES
A Glossary of Terms 5 4 12-29-80
iv
•
S~tion No. 1
Revision No. 4
Date: December 29. 1980
Page 1 or -=-1-
1.0 INTRODUCTION
Environmental Protection Agency (EPA) policy requires participation by all EPA
regional offices; program offices, EPA laboratories and States in a centrally-managed quality
assurance (QA) program as stated in the Administrator's Memorandum of May 30, 1979. This
requirement applies to all environmental monitoring and measurement efforts mandated or
supported by EPA through regulations, grants, contracts, or other formalized means not
currently covered by regulation. The responsibility for developing, coordinating and directing
the. implementation of this program has been delegated to the Office of Research and
Development (ORD), which has established the Quality Assurance Management Staff (QAMS)
for this purpose.
Each office or laboratory generating data has the responsibility to implement minimum
procedues which assure that ·precision, accuracy, completeness, and representativeness of its
data are known and documented. In addition, an organization should specify the quality levels
which data must meet in order to be acceptable. To ensure that this responsibility is met
uniformly across the Agency, each EPA. Office or Laboratory must have a written QA Project
Plan covering each monitoring or measurement activity within its purview.
2.0 DEFINITION, PURPOSE, AND SCOPE
2.1 Definition
Section No. 2
Revision No. 4
Date: December 29. 1980
Page 1 of 2
QA Project Plans are written documents, one for each specific project or continuing
operation (or group of similar projects or continuing operations), to be prepared by the
responsible Program Office, Regional Office, Laboratory, Contractor, Grantee, or other
organization. The QA Project Plan presents, in specific terms, the policies, organization,
objectives, functional activities, and specific QA and quality control (QC) activities designed to
achieve the data quality goals of the specific project(s) or continuing operation(s). Other terms
useful in understanding this document are defined in Appendix A
2.2 Purpose
This document (1) presents guidelines and specifications that describe the 16 essential
elements of a QA Project Plan, (2) reconupends the format to be followed, and (3) specifies
how plans will be reviewed and approved.
Section No. 2
Revision No. 4
Date: December 29, 1980
Page 2 or 2
2.3 Scope
The mandatory QA program covers all environmentally-related measurements.
Environmentally-related measurements are defined as all field and laboratory· investigations that
generate data. These include ( 1) the measurement of chemical, physical, or biological
parameters in the environment, (2) the determination of the presence or absence of pollutants
in waste streams, (3) assessment of health and ecologtcal effect studies, (4) conduct of clinical
and epidemiological investigations, (5) perform~ce of engineering and process evaluations, (6)
study of laboratory simulation of environmental events, and (7) study or measurement on
pollutant transport and fate, including diffusion models. Eash project within these activities
must have a written and 8J2proved QA Project Plan.
...
Section No. 3
Revision No. 4
Date: December 29, 1980
Page 1 of 3
3.0 PLAN PREPARATION AND RESPONSIBILITIES
3.1 Document Control
All Quality Assurance Project Plans must be prepared using a document control format
consisting of information placed in the upper right-hand comer of each document page:
• Section Number
• Revision Number
• Date ( of revision)
• Page
3.2 Elements of QA Project Plan
Each of the sixteen items listed below. must be considered for inclusion in each QA
Project Plan:
(1) Title page with provision for approval signatures
(2) Table of contents
(3) Project description
( 4) Project organization and responsibility
(5) QA objectives for measurement data in terms of precision
accuracy, completeness, representativeness and comparability
( 6) Sampling procedures
(7) Sample custody
(8) Calibration procedures and frequency
(9) Analytical procedures
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Section No. 3
Revision No. 4
Date: December 29. 1980
Page 2 of 3
(10) Data reduction, validation and reporting
( 11) Internal quality control checks and frequency
(12) Performance and system audits and frequency
( 13) Preventive maintenance procedures and schedules
(14) Specific routine procedures to be used to assess data
precision, accuracy and completeness of specific
measurement parameters involved
( 15) Corrective action
(16) Quality assurance reports to management
It is Agency policy that precision and accuracy of data shall be assessed on all monitoring
and measurement projects. Therefore, Item 14 must be described in .all Quality Assurance
Project Plans.,
3.3 Responsibilities
Intramural Projects -Each Project Officer working in close coordination with the QA
Officer is responsil>le for the preparation of a written QA Project Plan for each intramural
project that involves environmental measurements. This written plan must be separate from
any general plan normally prepared for the project (see caveat presented in Section 6). The
Project Officer and the QA Officer must ensure that each intramural project plan contains
procedures to document and report precision, accuracy and completeness of all data generated.
...
...
Section No. 3
Revision No. 4
Date: December 29. 1980
Page 3 or 3
Extramural Projects -Each Piroject Officer working in close coordination with the QA
'
Officer has the responsibility to see that a written QA Project Plan is prepared by the
· extramural organization for each project involving environmental measurements. The elem·ents
of the QA Project Plan must be separately identified from any general plan normally prepared
for the project (see caveat presented in Section 6). The Project Officer and the QA Officer
must ensure that each extramural project plan contains procedures to document and report
precision, accuracy and completeness of all data generated.
Section No. 4
Revision No. 4
Date: December 29. 1980
Page 1 of 1
4.0 PLAN REVIEW, APPROVAL AND DISTRIBUTION
Intramural Projects -Each QA Project Plan must be approved by the Project Officer's
immediate supervisor and the QA Officer. Completion of reviews and approvals is shown by
signatures on the title page of the plan. Environmental measurements may not be initiated
until the QA Project Plan has received the necessary approvals, unless emergency response is
necessary. A copy of the approved QA Project Plan will be distributed by the Project Officer to
each person who has a major responsibility for the quality of measurement data.
Extramural Projects -Each QA Project Plan must be approved by the funding
organization's Project Officer and the QA Officer. In addition, the extramural organization's
Project Manager and responsible QA offici?J must review and approve the QA Project Plan.
Completion of reviews and approvals is shown by signatures on the title page of the plan.
. /
Environmental measurements may not be initiated until the QA Project Plan has received the
necessary approvals. A copy of the approved QA Project Plan will be distributed by the
extramural organization's Project Director to each person who has a major responsibility for the
quality of the measurement data.
S.O PLAN CONTENT REQUIREMENTS
Section No. S
Revision No. 4
Date: December 29, 1980
Page 1 or 18 ·
The sixteen (16) essential elements described in this section must be considered and
addressed in each QA Project Plan. If a particular element is not relevant to the project under
consideration, a brief explanation of why the element is not relevant must be included. EPA-
approved reference, equivalent or alternative methods must be used and their corresponding
Agency-approved guidelines must be applied whenever they are available and applicable.
It is Agency policy that precision and accuracy of data shall be assessed routinely and
reported on all environmental monitoring and measurement data. Therefore, specific
procedures to assess precision and accuracy on a routine basis during the project must be
described in each QA Project Plan. Procedures to assess data quality are being developed by
QAMS and the Environmental Monitoring Systems Support Laboratories. Additional guidance
can be obtained from QA handbooks for air, water, biological, and radiation measurements
(References 1, 2, 3, 12, 17, and 18).
The following subsections provide specific guidance pertinent to each of the 16
components which must be considered for inclusion in every QA Project Plan.
Section No. 5
Revision No. 4
Date: December 29. 1980
Page 2 of 18
5.1. 1itle Page
At the bottom of the title page, provisions must be made for signatures of approving
personnel. As a minimum, the QA Project Plan must be approved by the following:
A For intramural projects
1. Project Officer's immediate supervisor
2. QA Officer
B. For extramural projects
1. Organization's Project Manager
2. Organization's responsible QA Official
3. Funding organization's Project Officer
4. Funding organization's QA Officer
\
5.2 Table of Contents
The QA Project Plan Table of Contents will address each of
the following items:
• Introduction.
• A serial listing of each of the 16 quality assurance
project plan compone~ts.
• A listing of any appendices which are required to augment the Quality Assurance
Project Plan as presented (i.e., standard operating procedures, etc.).
Section No. 5
Revision No. 4
Date: December 29, 1980
Page 3 or 18
At the end of the Table of Contents, list the QAO and all other individuals receiving
official copies of the QA Project Plan and any s1,1bsequent revisions.
5.3 Project Description
Provide a general description of the project, including the experimental design. This
description may be brief but must have sufficient detail to allow those individuals responsible
for review and approval of the QA Project Plan to perform their task. Where appropriate,
include the following:
• Flow diagrams, tables and charts.
• Dates anticipated for start and completion.
• Intended end use of acquired data.
5.4 Project Organization and Responsibility
Include a table or chart showing the project organization and line authority. List the key
individuals, including the QAO, who are responsible for ensuring the collection of valid
measurement data and the routine assessment of measurement systems for precision and
accuracy.
Section No. S
Revision No. 4
Date: December 29. 1980
Page _4_ of 18
S.S QA Objectives for Measurement Data in Terms of Precision,_
Accuracy, Completeness, Representativeness, and
Comparability
For each major measurement parameter, including all pollutant measurement systems~
list the QA objectives for precision, accuracy and completeness.-These QA objectives will be
summarized in a table. (See Table 1 for example of format.)
All measurements must be made so that results are representative of the media ( air,
water, biota, etc.) and conditions being me~ured. Unless otherwise specified, all data must be
calculated and reported in units consistent with other organizations reporting similar data to
allow comparability of data bases among organizations. Definitions for precision, accuracy and
completeness are provided in Appendix A.
Data quality objectives for accuracy and precision established for each measurement
parameter will be based on prior knowledge of the measurement system employed and method
. . I •
validation studies using replicates, spikes, standards, calibrations, recovery studies, etc., and the
requirements of the specific project.
TABLE I
Section No. . S
Revision No. 4
Date: December 29, 1980
Page_s__ of 18
EXAMPLE OF FORMAT TO SUMMARIZE PRECISION, ACCURACY AND COMPLETENESS OBJECTIVES
Measurement Reference Experimental Precision Accuracy Completeness
Parameter Conditions · Std. Dev.
(Method)
EPA 650/4-75-011 Atmospheric samples <:I: lO'fo :I: 5'11 90%
NC>i February 1975 spiked with NO2 as
(Chemiluminescent) needed
EPA 650/4-74-027 Synthetic <:I: 20CJo :I: 15'11 ~
December 1973 atmosphere
SC>i (24hr)
(Pararosaoil1oe)
5.6 Sampling Procedures
Section No. 5
Revision No. · 4
Date: December 29, 1980
Page-L. or 18
For each major measurement parameter(s), including all pollutant measurement systems,
I
provide a description of the sampling procedures to be used Where applicable, include the.
following:
• Description of techniques or guidelines used to select sampling sites
• Inclusion of specific sampling procedures to be used (by reference in the case of
I
standard procedures and by actual description of the entire procedure in the case of
nonstandard procedures).
• • Charts, flow diagrams or tables delineating sampling program operations.
• A description of containers, procedures, reagents, etc., used for sample collection,
preservation, transport, and storage. ,
• Special conditions for the preparation of sampling equipment and containers to
avoid sample contamination (e.g., containers for organics should be solvent-rinsed;
containers for trace metals should be acid-rinsed).
• Sample preservation methods and holding times.
• Tune considerations for shipping samples promptly to the laboratory.
• Sample custody or chain-of-custody procedures (to be described later in this
document).
Section No. ___.5...___
Revision No. __.4 __
Date: December 29. 1980 .
Page 7 of 18
• Forms, notebooks and procedures to be used to record sample history, sampling
conditions and analyses to be performed.
5.7 Sample Custody
Sample custody is a part of any good laboratory or field operation. Where samples may
be needed for legal purposes, "chain-of-custody" procedures, as defined by the Office of
Enforcement, will be used. However, as a minimum, the following sample custody procedures
will be addressed in the QA Project Plans:
A. Field Sampling Operations:
• Documentation of procedures f~r preparation of peagents or supplies which become
an integral part of the sample (e.g., filters, and absorbing reagents).
• Procedures and (orms for recording the exact location and specific considerations
associated with sample acquisition.
• Documentation of specific sample preservation method.
• Pre-prepared sample labels containing all information necessary for effective
sample tracking. Figure 1 illustrates a typical sample label applicable to this
purpose.
• Standardized field tracking reporting forms to establish sample custody in the field
prior to shipment. Figure 2 presents a typical sample of a field tracking report form.
Section No. _5 ___ _
Revision No. 4 -------
Date: December 29, 1980
Page 8 of 18
B. Laboratory Operations:
• Identification of responsible party to act as sample custodian at the laboratory
facility authorized to sign for incoming field samples, obtain documents of shipm~11t
(e.g., bill of lading number or mail receipt)~ and verify the data entered onto the
sample custody records.
• Provision for a laboratory sample custody log consisting of serially numbered
standard lab-tracking report. sheets. A typical sample of a standardized lab-tracking
report is shown in Figure 3.
(N~E OF SAMPLING ORGANIZATION)
SAMPLE DESCRIPTION --------------
PLANT: LOCATION: DATE:-----------------
TIME: ---------------------MED I A: STATION:
SAMPLE TYPE: PRESERVATIVE ----------SAMPLED BY:
SAMPLE ID NO.:
LAB NO.
REMARKS: --------------------
Figure 1. Example of General Sample Label
W/0. No.
FIELD SAMPLE CODE
(FSC)
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Section No. __ 5 __
Revision No. _4 __ _
Date: December 29, 1980
Page 9 of 18
Page No. --FIELD TRACKING REPORT:
(FSC-SN)
BRIEF DESCRIPTION DATE TIME(s) SAMPLER
Figure 2. Sample of Field Tracking Report Form
Section No. _..._S ___
Revision No. 4 ---Date: December 29, 1980
Page -"L or--=18 __
W/0. No. Page No.
LAB TRACKING REPORT:
(LOC-SN-FSC)
FRACTION X PREP/ANAL RESPONSIBLE DATE DATE
CODE REQUIRED IN IVIDUAL DELIVERED COMPLETED
Figure 3. Sample of Lab-Tracking Report Form
Section No. _..._S __
Revision No. 4 ------Date: December 29, 1980
Page _u_ or _18 __
• Specification of laboratory sample custody procedures for sample handling,
storage and dispersement for analysis.
Additional guidelines useful in establishing a sample custody procedure are given in Section
2.0.6 of Reference 2, and Section 3.0.3 of Reference 3, and References 13 and 14.
S.8 Calibration Procedures and frequency
Include calibration procedures and information:
• For each major measurement parameter, including all pollutant measurement
systems, reference the applicable standard operating procedures (SOP) or
provide a written description of the calibration procedure(s) to be used.
• List the frequency planned for recalibration.
·• List the calibration standards to be used and their source(s), including
· traceability procedures.
S.9 Analytical Procedures
For each measurement parameter, including all pollutant measurement systems, reference
the applicable standard operating procedure (SOP) or provide a written description of the
analytical procedure(s) to be used. Officially approved EPA procedures will be used
when available. For convenience in preparing the QA Project Plan, Elements 6, 8 and 9
may be combined (e.g., Sections 5.6, 5.8 and 5.9).
5.10 Data Reduction, Validation and Reporting
Section No. ..__.a:.5 __
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Date: December 29, 1980
Page _u_ of ___ 1_8_
For each major measurement parameter, including all pollutant measurement
systems,• briefly describe. the following:
• The data reduction scheme planned-on collected data, including all equations
used to calculate the concentration or value of the measured parameter and
reporting units. ---
• The principal criteria that will be used to validate data integrity during
collection and reporting of data.
• The methods used to identify and treat outliers.
• The data, flow or reporting scheme from collection of raw data through storage
of validated concentrations. A flowchart will usually be needed.
• Key individuals who will handle the data in this reporting scheme ( if this has
already been described under project organization and responsibilities, it need
not be repeated here).
5.11 Internal Quality Control Checks
Describe and/or reference all specific internal quality control ("internal" refers to
both laboratory and field activities) methods to be followed. Examples of items to be
considered include:
• Replicates
• Spiked samples
• Split samples
• Control charts
• Blanks
• Internal standards
• Zero and span gases
• Quality control samples
• Surrogate samples
• Calibration standards and devices
• Reagent checks
Additional information and specific guidance can be found in References 17 and 18.
••
•
•
•
•
Section No. Awendix A
Date: December 29. 1980
Revision No. __ 4,..___
Page _2_ of _6 __
Accuracy -the degree of agreement of a measurement ( or an average of measurements
of the same thing), X, with an accepted reference or true value, T, usually expressed as
the difference between the two values, X-T, or the difference as a percentage of the
reference or true value, 100 (X-T)/f, and sometimes expressed as a ratio, X/f.
Accuracy is a measure of the bias in a system.
Precision - a measure of mutual agreement· among individual measurements of the same
property, usually under prescribed similar conditions. Precision is best
expressed in terms of the standard deviation. Various measures of precision exist
depending upon the "prescribed similar conditions."
Completeness - a measure of the amount of valid data obtained from a measurement
system compared to the amount that was expected to be obtained under correct .normal
conditions. '
Re,presentativeness ;. expresses the degree to which data accurately and precisely
represent a characteristic of a population, parameter variations at a sampling point, a
process condition, or an environmental condition.
Comparability -expresses the confidence with which one data set can _be compared to
another.
DATA VALIDATION
A systematic process for reviewing a body of data against a set of criteria to
provide assurance that the data are adequate for their intended use. Data validation consists of
data editing. screening. checking. auditing, verification, certification, and review.
APPENDIX A
GWSSARY OF TERMS
AUDIT;
Section No. Appendix A.
Revision No. 4
Date: December 22, 12so
Page_Lof_L
A systematic check to determine the quality of operation of some function or
activity. Audits may be, of two basic types: (1) performance audits in which Q11antitative data
are· independently obtained for comparison with routinely obtained data in a measurement
system, or (2) system audits of a qualitative nature that consist of an on-site review of a
laboratory's quality assurance system and physical facilities for sampling, cahoratio~ and
measurement.
DATA OUALl'IY:
The totality of features and characteristics of data that bears ~nits ability to
satisfy a given purpose. The characteristics of major importance are accuracy, precisio~
completeness, representativne~ and comparability. These characteristics are defined as
follows:
,
ENVIRONMENTALLY RELATED MEASUREMENTS:
Section No. Appendix A
Revision No. __ 4...__
Date: December 29, 1980 Page _L of __..6 ___ _
A term used to describe essentially all field and laboratory investigations that
generate data involving (1) the measurement of chemical, physical, or biological parameters in
the environment, (2) the determination of the presence or absence of criteria or priority
pollutants in waste streams, (3) assessment of health and ecological effect studies, (4) conduct
' of clinical and epidemiological investigations, (5) perfo~ce of engineering and process
· evaluations,
' ( 6) study of laboratory simulation of environmental events, and (7) study or measurement on
pollutant transport and fate, including diffusion models.
PERFORMANCE AUDITS:
Procedures used to determine quantitatively the accuracy of the total
measurement system or co~ponent parts thereof.
OUAUTY ASSURANCE:
1be total integrated program for assuring the reliability of monitoring and
measurement data. A system for integrating. the quality planning, quality assessment, and
quality improvement efforts to meet user requirements.
5.12 Performance and System Audits
Section 5.12
Revision No. _..._5 __
Date: October 18. 1991
Page _u__ of __ 1....,8_
Each project plan must describe the internal and external performance and systems
audits which will be required to monitor the capability and performance of the total
measurement system(s).
The systems audit consists of evaluation of all components of the measurement
systems to determine their proper selection and use. This audit includes a careful evaluation of
both field and laboratory quality control procedures. Systems audits are normally performed
prior to or shortly after systems are operational; however, such audits should be performed on a
regularly scheduled basis during the lifetime of the project or continuing operation. The on-site
systems audit may be a requirement for formal laboratory certification programs such as
laboratories· analyzing public drinking water systems. Specific references pertinent to systems
audits for formal laboratory certification programs can be found in References 19 and 20.
After systems are operational and generating data, performance audits are conducted
periodically to determine the accuracy of the total measurement system(s) or component parts
thereof .. The plan should include a schedule for conducting performanc;:e audits for each
measurement parameter, including a performance audit for all measurement systems. As part
of the perfo~ce audit process, laboratories may be required to participate in analysis of
performance evaluation samples related to specific projects. Project plans should also indicate,
where applicable, scheduled participation in all other inter-laboratory performance evaluation
studies.
Section No. _..._S __
Revision No. _ _._4 __
Date: December 29. 1980
Page_li.,_of_lL
In support of performance audits, the Environmental Monitoring Systems/Support
Laboratories provide necessary audit materials and devices and technical assistance.
Also, these laboratories conduct regularly scheduled inter-laboratory performance tests and _ ..
provide guidance and assistance in the conduct of systems audits. To make arrangements for
assistance in the above areas, these laboratories should be contacted directly:
Atmospheric Research and Exposure Assessment Laboratory
Research Triangle Park, NC 27711
Attention: Mr. Gary J. Foley
Environmental Monitoring and Systems Laboratory
26 West St. Clair Street
Cincinnati, OH 45268
Attention: Mr. Thomas A Clark, Director
Environmental Monitoring Systems Laboratory
P. 0. Box 93478
'Las Vegas, NV 89193-3378
. Attention: Mr. Robert N. Sneeling
5.13. Preventive Maintenance
The following types of preventive maintenance items should be considered and addressed in the
QA Project Plan:
• A schedule of important preventive maintenance tasks that must be carried out
to minimize downtime of the measurement systems.
• A list of any critical spare parts that should be on hand to minimize
downtime.
Section No. _ ..... S __
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Date: December 29, 1980
Page .....1.S..... of ___.,18,.___
5.14 Specific Routine Procedures Used to Assess Data, Precision, Accuracy and Com,pleteness
It is Agency policy that precision and accuracy of data must be routinely assessed
for all environmental monitoring and measurement data. Therefore, specific procedures· fo
assess precision and accuracy on a routine basis on the project must be described in each QA
Project Plan.
For each major measurement parruueter, including all pollutant measurement
systems, the QA Project Plan must describe the routine procedures used to assess the precision,
accuracy and completeness of the measurement data. These procedures should include the
equations to calculate precision, accuracy and completeness, and the methods used to gather
data for the precision and accuracy calculations.
Statistical procedures applicable to environmental projects are found in References
1, 2, 3, 12, 17, and 18. Examples of these procedures include:
• Central tendency and dispersion
Arithmetic mean
Range
Standard deviation
Relative standard deviation
Pooled standard deviation
Geometric mean
• Measures or variability
Accuracy
Bias
Precision; within laboratory and
between laboratories
• Significance test
u-test
t-test
F-test
Chi-square test
• Confidence limits .
• Testing ror outliers
Section No. --5 __
Revision No. _....,4 __
Date: December 29. 1980
Page --1.L or __..18.....__
Recommended pidelines and procedures to assess data precision. accuracy and
completeness are bein& developed,
Section No. ___ s __
Revision No. 4 -------Date: December 29. 1980
Page _ll_ of -=18,.___
5.15 Corrective Action
Corrective action procedures must be described for each Project which include the
following elements:
• The predetermined limits for data acceptability beyond which corrective action
is required.
• Procedures for · corrective action.
• For each measurement syste~ identify the responsible individual for initiating
the corrective action and also the individual responsible for approving the
corrective action, if necessary. Corrective actions may also be initiated as a
result of other QA activities, including:
(1) Performance audits
(2) Systems audits
. (3) Laboratory /interfield comparison studies
( 4) QA Program audits conducted by QAMS
A formal corrective action program is more difficult to define for these QA activities
in advance and may be defined as the need arises.
5.16 Quality Assurance Reports to Management
Section No. __ S __
Revision No. _..._4 __
Date: December 29. 1980
Page 18 of 18
QA Project Plans should provide a mechanism for periodic reporting to management on
the performance of measurement systems and data quality. As a minimu~ these reports·
should include:
• Periodic assessment of measurement data accuracy, precision and
completeness.
• Results of performance audits.
• Results of system audits.
• Significant QA problems and recommended solutions.
The individual(s) responsible for preparing the periodic reports should be
identified. The final report for each project must include a .separate QA section
which summarizes data quality information contained in the periodic reports.
Section No. _..,.,6 __
Revision No. __ 4 __
Date: December 29. 1980
Page _l_ or _l _
-
6.0 QUALITY ASSURANCE PROJECT PLANS VERSUS PROJECT WORK PLANS
This document provides guidance for the preparation of QA Project Plans and
describes 16 components which must be included. Historically, most project managers have
routinely included the majority of these 16 elements in their project work plans. In practice, it
is frequently difficult to separate important quality assurance and quality control functions and
to isolate these functions from technical performance activities. For those projects where this is
the case, it is not deemed necessary to replicate the narrative in the Quality Assurance Project
Plan section. In instances where specific QA/QC, protocols are addressed as an integral part of
the technical work plan, it is only necessary to cite the page number. and location in the work
plan in the specific subsection designated for this purpose. It must be stressed, however, that
whenever this approach is used a "QA Project Plan locator page" must be inserted into the
project work plan immediately following the table of contents. This locator page must list each
of the items required for the QA Project Plan and state the section and pages in the project
plan where the item is described. H a QA Project Plan item is not applicable to the work plan
in question, the words "not applicable" should be inserted next to the appropriate component on
the locator page and the reason why this component is not applicable should be briefly stated in
the app'ropriate subsection in the QA Project Plan proper.
Section No. ___ 7 __
Revision No. 4 -----Date: December 29, 1980
P~ge 1 or ___ 2 __
7.0 STANDARD OPERATING PROCEDURES
A large number of laboratory and field operations can be standardized and written
as Standard Operating Procedures (SOP). When such procedures are applicable and available,
they may be incorporated into the QA Project Plan by reference. QA Project Plans should ,..
provide for the review of all activities which could directly or indirectly influence data quality
and the determination of those operations which must be covered by SOP's. Examples are:
• General network design
• Specific sampling site selection
• Sampling and analytical methodology
• Probes, collection device~ storage contaipers, and sample additives or
preservatives
• Special precautions, such as heat, light, reactivity, combustability, and holding
times
• Federal reference, equivalent or alternative test procedures
• Instrumentation selection and use
• Calibration and standardization
• Preventive and remedial maintenance
• Replicate sampling
• Blind and spiked samples
• Colocated samplers
• QC procedures such as intralaboratory and intrafield activities, and
interlaboratory and interfield activities.
Section No. 7
Revision No. 4
Date: December 29. 1980
Page_Lof_L
• Documentation
• Sample custody
• Transportation
• Safety
• • Data handling procedures
• Service contracts
.
• Measurement of precision, accuracy, completeness, representativeness, and
comparability
• Document control
8.0 SUMMARY
Section No. ___ ..._8 __
Revision No. _..._4 __
Date: December 29. 1980
Page _..1_ of ·_ ..._l _
Each intramural and extramural project that involves environmental measurements
must have .a written and approved QA Project Plan. All 16 items described previously must -~
considered and addressed. Where an item is not relevant, a brief explanation of why it is not
relevant must be included. It is Agency policy that precision and accuracy of data must be
routinely assessed and reported on all environmental monitoring and measurement data.
Therefore, specific procedures to assess precision and accur~cy on a routine basis during the
project must be described in each QA Project Plan.
Section No. References
Revision No. 4 _ _,__ __
Date: December 29, 1980
Page _L_ of _2 __
REFERENCES
1. Ouality Assurance Handbook for Air Pollution Measurement Systems. Volume I-
Principles, . EPA-600/9-76-005, March 1976 .
. 2. Ouality Assurance Handbook for Air Pollution Measurement Systems. Volume fl-Ambient
Air Specific Methods,. EPA-600/4-77-02.7a, May 1977. . .. '
3. Ouality Assurance Handbook for Air Pollution Measurement Systems. Volume 111-
Stationazy Source Specific Methods. EPA-600/4-77-02.To, August 1977.
4. Systems Audit Criteria and Procedures for Ambient Air Monitorin& Pro&rams. Currently
under development and available from address shown in Reference 1 after July 1, 1980.
5. Techniques to Evaluate Laboratmy Capability to Conduct Stack Testin&,
6. Performance Audit Procedures for Ambient Air Monitorin& Proifams. Currently under
development.
7. Appendix A -Quality Assurance Requirement Quality Assurance Requirements for State
amd Local Air Monitorin& Stations (SlAMS). Federal Register, Vol. 44, No. 92, pp. 27574-
81, May 10, 1979.
8. Appendix B-Ouality Assurance Requirements for Prevention of Siill,ificant Deterioration
(PSD) Air Monitorina, Federal Register, Vol. 44, No. 92, pp. 27582-84, May 10, 1979.
9. Appendix E-Ouality Assurance Requirements for Continuous Emission Monitorin& Systems
(CEMS). To be submitted as a proposed regulation to amend 40 CFR 60.
10. Test Methods for Evaluatin& Solid Waste-Physical/Chemical Methods. EPA SW-846,
1980.
Section No. References Revision No. _4 ___ _
Date: December 29, 1980
Page · 2 of 2
11. Quality Assurance Guidelines for IERkCI Project Officers,
EPA-600/9-79-046. December 1979.
, ....
u. Handbook for Analytical Quality Control in Water and Wastewater Laboratories. E~A-
600/4-79-019, March 1979.
13. NEIC Policies and Procedures Manual, Office or Enforcement, EPA-330-9-78-001, MaY
1978.
14. NPDES Compliance, Samplin1 and Inspection · Manual, Office of Water Enforcement,
Compliance Branch, June 1977.
15. Juran, J.M. (ed), Quality Control Handbook, Second Edition, McGraw Hill, New York,
.1962.
16. Juran, J.M. and F. M. Gryna, Quality Plannin1 and Analysis. McGraw Hill, New York,
1970.
17. Handbook for Analytical Quality Control and Radioactivity Analytical Laboratories.
EPA-600/7-77-088, August 1977.
18. . Manual or Analytical Quality Control tor Pesticides and Related Compounds in Human
and Environmental Samples. EPA-600/1-79-008, January 1979.
19. Procedure fqr the Evaluation of Environmental Monitorina Laboratories, EPA 600/4-
78-017, March 1978.
20. Manual for the Interim een1ncation of Laboratories Involved In Analyzin& Public
Drinkln1 Water Supplies-Criteria and Procedures, EPA 600/8-78-008, August 1978.
environmental Protection A~ency
which has not previously been listed in
a FEDERAL REGISTER document, and
(2) The effective date of the rule.
(b) pursuant to the delegation of au-
thority made in the Preamble to the
Fina.I Regulation for the PCB Manufac-
turing, Processing, Distribution in
commerce and Use Prohibitions, the
As5istant Administrator for Preven-
tion, Pesticides and Toxic Substances
· will grant or deny petitions under sec-
·uon 6(e)(3)(B) of TSCA submitted pur-
gua.nt to § 750.31. The Assistant Admin-
t.stra.tor will act on such petitions sub-
&equent to opportunity for an informal
bearing pursuant to this rule.
· (c) In determining whether to grant
an exemption to the PCB ban, EPA will
·~ apply the two standards enunciated in
. : eectlon 6(e)(3)(B) of TSCA.
, PART 761-POLYCHLORINATED B1-
j;;r.! PHENYLS (PCBs) MANUFACTUR-:;f·f ING, PROCESSING, DISTRIBUTION tf:t IN COMMERCE, AND USE PROHI-
.. ,..:" BITIONS
.:t~. [-' · .. ;:{'.•·
Subpart A-General
Applicability.
Definitions.
19 References.
B-Manufacturing, Processing, Dis-
n In Commerce, and Use of PCBs
PCB Items
Prohibitions.
. Authorizations.
. rt C-Marking of PCBs and PCB
Items
Marking requirements.
Marking formats.
DlsJ)Osal requirements.
. Storage for disposal.
, Incineration.
Chemical waste landfills.
Decontamination.
Subpart E-Exemptions
§ 761.1
Subpart F-(Reserved)
Subpart G-PCB Spill Cleanup Policy
761.120 Scope.
761.123 Definitions.
761.125 Requirements for PCB spill cleanup.
761.130 Sampling requirements.
761.135 Effect of compliance with this policy
and enforcement.
· Subparts H-1 (Reserved)
Subpart J-General Records and Reports
761.180 Records and monitoring.
761.185 Certification program and retention
or records by importers and persons gen-
era ting PCBs in excluded manufacturing
processes.
761.187 Reporting importers and by persons
generating PCBs in excluded manufac-
turing processes .
761.193 Maintenance of monitoring records
by persons who import, manufacture,
process, distribute in commerce, or use
chemicals containing inadvertently gen-
erated PCBs.
Subpart K-PCB Waste Disposal Records
and Reports
761.202 EPA identification numbers.
761.205 Notification of PCB waste activity
(EPA Form 7710-53).
761.207 The manifest-general requirements.
761.208 Use of the manifest.
761.209 Retention of manifest records.
761.210 Manifest discrepancies.
761.211 Unmanifested waste report.
761.215 Exception reporting.
761.218 Certificate of Disposal.
AUTHORITY: 15 U.S.C. 2605, 2607, 2611, 2614,
and 2616.
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. Substances that are regu-
lated by this rule include, but are not
limited to, dielectric fluids, contami-
nated solvents, oils, waste oils, heat
.'. Manufacturing, processing, and
°;-' tlon In commerce exemptions.
dis-
. transfer fluids, hydraulic fluids, paints,
sludges, slurries, dredge spoils, soils,
materials contaminated as a result of
spills, and other chemical substances
427
§761.3
or combination of substances, includ-
ing impurities and byproducts and any
byproduct, intermediate or impurity
manufactured at any point in a proc-
ess. Most of the provisions of this part
apply to PCBs only if PCBs are present
in concentrations above a specified
level. For example, subpart D applies
generally to materials at concentra-
tions of 50 parts per million (ppm) and
above. Also certain provisions of sub-
part B apply to PCBs inadvertently
generated in manufacturing processes
at concentrations specified in the defi-
nition of "PCB" under §761.3. No provi-
sion specifying a PCB concentration
may be avoided as a result of any dilu-
tion, unless otherwise specifically pro-
vided.
(c) Definitions of the terms used in
these regulations are in subpart A. The
basic requirements applicable to dis-
posal and marking of PCBs and PCB
Items are set forth in subpart D-Dis-
posal of PCBs and PCB Items and in
subpart C-Marking of PCBs and PCB
Items. Prohibitions applicable to PCB
activities are set forth in subpart B-
Manufacture, Processing, Distribution
in Commerce, and Use of PCBs and
PCB Items. Subpart B also includes au-
thorizations from the prohibitions.
Subparts C and D set forth the specific
requirements for disposal and marking
of PCBs and PCB Items.
(d) Section 15 of the Toxic Sub-
stances Control Act (TSCA) states that
failure to comply with these regula-
tions is unlawful. Section 16 imposes li-
ability for civil penalties upon any per-
son who violates these regulations, and
the Administrator can establish appro-
priate remedies for any violations sub-
ject to any limitations included in sec-
tion 16 of TSCA. Section 16 also sub-
jects a person to criminal prosecution
for a violation which is knowing or
willful. In addition, section 17 author-
izes Federal district courts to enjoin
activities prohibited by these regula-
tions, compel the taking of actions re-
quired by these regulations, and issue
orders to seize PCBs and PCB Items
manufactured, processed or distributed
in violation of these regulations.
(e) These regulations do not preempt
other more stringent Federal statutes
and regulations.
40 CFR Ch. I (7-1-94 Edition)
(f) Unless and until superseded by
any new more stringent regulations is-
sued under EPA authorities, or any
permits or any pretreatment require-
ments issued by EPA, a state or local
government that affect release of PCBs
to any particular medium:
(1) Persons who inadvertently manu-
facture or import PCBs generated as
unintentional impurities in excluded
manufacturing processes, as defined in
§ 761.3, are exempt from the require-
ments of subpart B of this part, pro-
vided that such persons comply with
subpart J of this part, as applicable.
(2) Persons who process, distribute in
commerce, or use products containing
PCBs generated in excluded manufac-
turing processes defined in § 761.3 are
exempt from the requirements of sub-
part B provided that such persons com-
ply with subpart J of this part, as ap-
plicable.
(3) Persons who process, distribute in
commerce, or use products containing
recycled PCBs defined in § 761.3, are ex-
empt from the requirements of subpart
B of this part, provided that such per-
sons comply with subpart J of this
part, as applicable.
( 4) Except as provided in § 761.20 (d)
and (e), persons who process, distribute
in commerce, or use products contain-
ing excluded PCB products as defined
in §761.3, are exempt from the require-
ments of subpart B of this part.
(Sec. 6, Pub. L. 94---469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979, as amended at 49
FR 28189, July 10, 1984; 53 FR 24220, June 27,
1988)
§ 761.3 Def'mitions.
For the purpose of this part:
Administrator means the Adminis-
trator of the Environmental Protection
Agency, or any employee of the Agency
to whom the Administrator may either
herein or by order delegate his author-
ity to carry out his functions, or any
person who shall by operation of law be
authorized to carry out such functions.
Agency means the United States En-
vironmental Protection Agency.
Annual document log means the de-
tailed information maintained at the
facility on the PCB waste handling at
the facility.
428
Environmental Protection Agency
Annual report means the written doc-
ument submitted each year by each
disposer and commercial storer of PCB
waste to the appropriate EPA Regional
Administrator. The annual report is a
brief summary of the information in-
cluded in the annual document log.
Byproduct means a chemical sub-
stance produced without separate com-
mercial intent during the manufactur-
ing or processing of another chemical
substance(s) or mixture(s).
Capacitor means a device for accumu-
lating and holding a charge of elec-
tricity and consisting of conducting
surfaces separated by a dielectric.
Types of capacitors are as follows:
(1) Small capacitor means a capacitor
which contains less than 1.36 kg (3 lbs.)
of dielectric fluid. The following as-
sumptions may be used if the actual
weight of the dielectric fluid is un-
known. A capacitor whose total volume
is less than 1,639 cubic centimeters (100
cubic inches) may be considered to con-
tain less than 1.36 kgs (3 lbs.) of dielec-
tric fluid and a capacitor whose total
volume is more than 3,278 cubic centi-
meters (200 cubic inches) must be con-
sidered 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 then 1.36 kg (3 lbs.) of di-
electric fluid if the total weight of the
capacitor is less than 4.08 kg (9 lbs.).
(2) Large high voltage capacitor means
a capacitor which contains 1.36 kg (3
lbs.) or more of dielectric fluid and
which operates at 2,000 volts (a.c. or
d.c.) or above.
(3) Large low voltage capacitor means a
capacitor which contains 1.36 kg (3 lbs.)
or more of dielectric fluid and which
operates below 2,000 volts (a.c. or d.c.).
Certification means a written state-
ment regarding a specific fact or rep-
resentation that contains the following
language:
Under civil and criminal penalties of Jaw
for the making or submission of false or
fraudulent statements or representations (18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that
the information contained in or accompany-
ing this document is true, accurate, and
complete. As to the identified section(s) of
this document for which I cannot personally
verify truth and accuracy, I certify as the
company official having supervisory respon-
sib111ty for the persons who, acting under my
§ 761.3
direct instructions, made the verification
that this information is true, accurate, and
complete.
Chemical substance, (1) except as pro-
vided in paragraph (2) of this defini-
tion, means any organic or inorganic
substance of a particular molecular
identity, including: Any combination
of such substances occurring in whole
or part as a result of a chemical reac-
tion or occurring in nature, and any
element or uncombined radical.
~2) Such term does not include: Any
mixture; any pesticide (as defined in
the Federal Insecticide, Fungicide, and
Rodenticide Act) when manufactured,
processed, or distributed in commerce
for use as a pesticide; tobacco or any
tobacco product; any source material
special nuclear material, or byproduct
material (as such terms are defined in
the Atomic Energy Act of 1954 and reg-
ulations issued under such Act); any
article the sale of which is subject to
the tax imposed by section 4181 of the
Internal Revenue Code of 1954 (deter-
mined without regard to any exemp-
tions from such tax provided by section
4182 or section 4221 or any provisions of
such Code); and any food, food additive,
drug, cosmetic, or device (as such
terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act)
when manufactured, processed, or dis-
tributed in commerce for use as a food,
food additive, drug, cosmetic, or de-
vice.
Chemical waste landfill means a land-
fill at which protection against risk of
injury to health or the environment
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.
Commerce means trade, traffic, trans-
portation, or other commerce:
(1) Between a place in a State and
any place outside of such State, or
(2) Which affects trade, traffic, trans-
portation, or commerce described in
paragraph (1) of this definition.
Commercial storer of PCB waste means
the owner or operator of each facility
which is subject to the PCB storage fa-
cility standards of §761.65, and who en-
gages in storage activities involving
PCB waste generated by others, or PCB
waste that was removed while servic-
ing the equipment owned by others and
429
§761.3
brokered for disposal. The receipt of a
fee or any other form of compensation
for storage services is not necessary to
qualify as a commercial storer of PCB
waste. It is sufficient under this defini-
tion that the facility stores PCB waste
generated by others or the facility re-
moved the PCB waste while servicing
equipment owned by others. A genera-
tor who stores only the generator's
own waste is subject to the storage re-
quirements of § 761.65, but is not re-
quired to seek approval as a commer-
cial storer. If a facility's storage of
PCB waste at no time exceeds 500 liq-
uid gallons of PCBs, the owner or oper-
ator is not required to seek approval as
a commercial storer of PCB waste.
Designated facility means the off-site
disposer or commercial storer of PCB
waste designated on the manifest as
the facility that will receive a mani-
fested shipment of PCB waste.
Disposal means intentionally or acci-
dentally to discard, throw away, or
otherwise complete or terminate the
useful life of PCBs and PCB Items. Dis-
posal includes spills, leaks, and other
uncontrolled discharges of PCBs as
well as actions related to containing,
transporting, destroying, degrading,
decontaminating, or confining PCBs
and PCB Items.
Disposer of PCB waste, as the term is
used· in subparts J and K of this part,
means any person who owns or oper-
ates a facility approved by EPA for the
disposal of PCB waste which is regu-
lated for disposal under the require-
ments of subpart D of this part.
Distribute in commerce and Distribution
in Commerce when used to describe an
action taken with respect to a chemi-
cal substance, mixture, or article con-
taining a substance or mixture means
to sell, or the sale of, the substance,
mixture, or article in commerce; to in-
troduce or deliver for introduction into
commerce, or the introduction or de-
livery for introduction into commerce
of the substance, mixture, or article; or
to hold or the holding of, the sub-
stance, mixture, or article after its in-
troduction into commerce.
Emergency Situation for continuing
use of a PCB Transformer exists when:
(1) Neither a non-PCB Transformer
nor a PCB-Contaminated transformer
is currently in storage for reuse or
40 CFR Ch. I (7-1-94 Edition)
readily available (i.e., available within
24 hours) for installation.
(2) Immediate replacement is nec-
essary to continue service to power
users.
EPA identification number means the
12-digit number assigned to a facility
by EPA upon notification of PCB waste
activity under §761.205.
Excluded manufacturing process means
a manufacturing process in which
quantities of PCBs, as determined in
accordance with the definition of inad-
vertently generated PCBs, calculated
as defined, and from which releases to
products, air, and water meet the re-
quirements of paragraphs (1) through
(5) of this definition, or the importa-
tion of products containing PCBs as
unintentional impurities, which prod-
ucts meet the requirements of para-
graphs (1) and (2) of this definition.
(1) The concentration of inadvert-
ently generated PCBs in products leav-
ing any manufacturing site or im-
ported into the United States must
have an annual average of less than 25
ppm, with a 50 ppm maximum.
(2) The concentration of inadvert-
ently generated PCBs in the compo-
nents of detergent bars leaving the
manufacturing site or imported into
the United States must be less than 5
ppm.
(3) The release of inadvertently gen-
erated PCBs at the point at which
emissions are vented to ambient air
must be less than 10 ppm.
(4) The amount of inadvertently gen-
erated PCBs added to water discharged
from a manufacturing site must be less
than 100 micrograms per resolvable gas
chromatographic peak per liter of
water discharged.
(5) Disposal of any other process
wastes above concentrations of 50 ppm
PCB must be in accordance with sub-
part D of this part. .
Excluded PCB products means PCB
materials which appear at concentra-
tions less than 50 ppm, including but
not limited to:
(1) Non-Aroclor inadvertently gen-
erated PCBs as a byproduct or impu-
rity resulting from a chemical manu-
facturing process.
(2) Products contaminated with
Aroclor or other PCB materials from
430
Environmental Protection Agency
historic PCB uses (investment casting
waxes are one example).
(3) Recycled fluids and/or equipment
contaminated during use involving the
products described in paragraphs (1)
and (2) of this definition (heat transfer
and hydraulic fluids and equipment and
other electrical equipment components
and fluids are examples).
(4) Used oils, provided that in the
cases of paragraphs (1) through ( 4) of
this definition:
(i) The products or source of the
products containing < 50 ppm con-
centration PCBs were legally manufac-
tured, processed, distributed in com-
merce, or used before October 1, 1984.
(ii) The products or source of the
products containing < 50 ppm con-
centrations PCBs were legally manu-
factured, processed, distributed in com-
merce, or used, i.e., pursuant to au-
thority granted by EPA regulation, by
exemption petition, by settlement
agreement, or pursuant to other Agen-
cy-approved programs;
(iii) The resulting PCB concentration
(i.e. below 50 ppm) is not a result of di-
lution, or leaks and spills of PCBs in
concentrations over 50 ppm.
Fluorescent light ballast means a de-
vice that electrically controls fluores-
cent light fixtures and that includes a
capacitor containing 0.1 kg or less of
dielectric.
Generator of PCB waste means any
person whose act or process produces
PCBs that are regulated for disposal
under subpart D of this part, or whose
act first causes PCBs or PCB Items to
become subject to the disposal require-
ments of subpart D of this part, or who
has physical control over the PCBs
when a decision is made that the use of
the PCBs has been terminated and
therefore is subject to the disposal re-
quirements of subpart D of this part.
Unless another provision of this part
specifically requires a site-specific
meaning, "generator of PCB waste" in-
cludes all of the sites of PCB waste
generation owned or operated by the
person who generates PCB waste.
Impurity means a chemical substance
which is unintentionally present with
another chemical substance.
In or Near Commercial Buildings means
within the interior of, on the roof of,
attached to the exterior wall of, in the
§761.3
parking area serving, or within 30 me-
ters of a non-industrial non-substation
building. Commercial buildings are
typically accessible to both members
of the general public and employees,
and include: (1) Public assembly prop-
erties, (2) educational properties, (3) in-
stitutional properties, (4) residential
properties, (5) stores, (6) office build-
ings, and (7) transportation centers
(e.g., airport terminal buildings, sub-
way stations, bus stations, or train sta-
tions).
Incinerator means an engineered de-
vice using controlled flame combustion
to thermally degrade PCBs and PCB
Items. Examples of devices used for in-
cineration include rotary kilns, liquid
injection incinerators, cement kilns,
and high temperature boilers.
Industrial building means a building
directly used in manufacturing or tech-
nically productive enterprises. Indus-
trial buildings are not generally or
typically accessible to other than
workers. Industrial buildings include
buildings used directly in the produc-
tion of power, the manufacture of prod-
ucts, the mining of raw materials, and
the storage of textiles, petroleum prod-
ucts, wood and paper products, chemi-
cals, plastics, and metals.
Laboratory means a facility that ana-
lyzes samples for PCBs and is unaffili-
ated with any entity whose activities
involve PCBs.
Leak or leaking means any instance
in which a PCB Article, PCB Con-
tainer, or PCB Equipment has any
PCBs on any portion of its external
surface.
Manifest means the shipping docu-
ment EPA form 8700-22 and any con-
tinuation sheet attached to EPA form
8700-22, originated and signed by the
generator of PCB waste in accordance
with the instructions included with the
form and subpart K of this part.
Manned Control Center means an elec-
trical power distribution control room
where the operating conditions of a
PCB Transformer are continuously
monitored during the normal hours of
operation (of the facility), and, where
the duty engineers, electricians, or
other trained personnel have the capa-
bility to deenergize a PCB Transformer
completely within 1 minute of the re-
ceipt of a signal indicating abnormal
431
§ 761.3
operating conditions such as an
overtemperature condition or over-
pressure condition in a PCB Trans-
former.
Manufacture means to produce, man-
ufacture, or import into the customs
territory of the United States.
Manufacturing process means all of a
series of unit operations operating at a
site, resulting in the production of a
product.
Mark means the descriptive name, in-
structions, cautions, or other informa-
tion applied to PCBs and PCB Items, or
other objects subject to these regula-
tions.
Marked means the marking of PCB
Items and PCB storage areas and trans-
port vehicles by means of applying a
legible mark by painting, fixation of an
adhesive label, or by any other method
that meets the requirements of these
regulations.
Market/Marketers means the process-
ing or distributing in commerce, or the
person who processes or distributes in
commerce, used oil fuels to burners or
other marketers, and may include the
generator of the fuel if it markets the
fuel directly to the burner.
Mineral Oil PCB Transformer means
any transformer originally designed to
contain mineral oil as the dielectric
fluid and which has been tested and
found to contain 500 ppm or greater
PCBs.
Mixture means any combination of
two or more chemical substances if the
combination does not occur in nature
and is not, in whole or in part, the re-
sult of a chemical reaction; except that
such term does include any combina-
tion which occurs, in whole or in part,
as a result of a chemical reaction if
none of the chemical substances com-
prising the combination is a new chem-
ical substance and if the combination
could have been manufactured for com-
mercial purposes without a chemical
reaction at the time the chemical sub-
stances comprising the combination
were combined.
Municipal solid wastes means garbage,
refuse, sludges, wastes, and other dis-
carded materials resulting from resi-
dential and non-industrial operations
and activities, such as household ac-
tivities, office functions, and commer-
cial housekeeping wastes.
40 CFR Ch. I (7-1-94 Edition)
Non-PCB Transformer means any
transformer that contains less than 50
ppm PCB; except that any transformer
that has been converted from a PCB
Transformer or a PCB-Contaminated
Transformer cannot be classified as a
non-PCB Transformer until reclassi-
fication has occurred, in accordance
with the requirements of
§ 761.30(a)(2)(v).
On site means within the boundaries
of a contiguous property unit.
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. Refer to § 761.l(b)
for applicable concentrations of PCBs.
PCB and PCBs as contained in PCB
items are defined in §761.3. For any
purposes under this part, inadvertently
generated non-Aroclor PCBs are de-
fined as the total PCBs calculated fol-
lowing division of the quantity of
monochlorinated biphenyls by 50 and
dichlorinated biphenyls by 5.
PCB Article means any manufactured
article, other than a PCB Container,
that contains PCBs and whose
surface(s) has been in direct contact
with PCBs. "PCB Article" includes ca-
pacitors, transformers, electric motors,
pumps, pipes and any other manufac-
tured item (1) which is formed to a spe-
cific shape or design during manufac-
ture, (2) which has end use function(s)
dependent in whole or in part upon its
shape or design during end use, and (3)
which has either no change of chemical
composition during its end use or only
those changes of composition which
have no commercial purpose separate
from that of the PCB Article.
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 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.
PCB-Contaminated Electrical Equip-
ment means any electrical equipment,
including but not limited to transform-
ers (including those used in railway lo-
432
Environmental Protection Agency
comotives and self-propelled cars), ca-
pacitors, circuit breakers, reclosers,
voltage regulators, switches (including
sectionalizers and motor starters),
electromagnets, and cable, that con-
tain 50 ppm or greater PCB, but less
than 500 ppm PCB. Oil-filled electrical
equipment other than circuit breakers,
reclosers, and cable whose PCB con-
centration is unknown must be as-
sumed to be PCB-Contaminated Elec-
trical Equipment. (See §761.30(a) and
(h) for provisions permitting reclassi-
fication of electrical equipment con-
taining 500 ppm or greater PCBs to
PCB-Contaminated Electrical Equip-
ment).
PCB Equipment means any manufac-
tured item, other than a PCB Con-
tainer or a PCB Article Container,
which contains a PCB Article or other
PCB Equipment, and includes micro-
wave ovens, electronic equipment, and
fluorescent light ballasts and fixtures.
PCB Item is defined as any PCB Arti-
cle, PCB Article Container, PCB Con-
tainer, or PCB Equipment, that delib-
erately or unintentionally contains or
has a part of it any PCB or PCBs.
PCB Transformer means any trans-
former that contains 500 ppm PCB or
greater.
PCB waste(s) means those PCBs and
PCB Items that are subject to the dis-
P<>Bal requirements of subpart D of this !)art.
Person means any natural or judicial
P8rson including any individual, cor-
P<>ration, partnership, or association;
lily · State or political subdivision
~ereof; any interstate body; and any
1 epartment, agency, or instrumental-
ty of the Federal Government.
·t Posing an exposure risk to food or feed
l'l\eans being in any location where
burnan food or animal feed products
OOUld be exposed to PCBs released from ~ PCB Item. A PCB Item poses an expo-,:re risk to food or feed if PCBs re-'b. ~ed in any way from the PCB Item
·~ a potential pathway to human l or animal feed. EPA considers
·1\llnan food or animal feed to include
0 regulated by the U.S. Depart-... l\t of Agriculture or the Food and
Adrninistration as human food or
"~ feed; this includes direct addi-
' • Food or feed is excluded from
§ 761.3
this definition if it is used or stored in
private homes.
Process means the preparation of a
chemical substance or mixture, after
its manufacture, for distribution in
commerce:
(1) In the same form or physical state
as, or in a different form or physical
state from, that in which it was re-
ceived by the person so preparing such
substance or mixture, or
(2) As part of an article containing
the chemical substance or mixture.
Qualified incinerator means one of the
following:
(1) An incinerator approved under the
provisions of § 761. 70. Any level of PCB
concentration can be destroyed in an
incinerator approved under § 761. 70.
(2) A high efficiency boiler which
complies with the criteria of
§ 761.60(a)(2)(iii)(A), and for which the
operator has given written notice to
the appropriate EPA Regional Admin-
istrator in accordance with the notifi-
cation requirements for the burning of
mineral oil dielectric fluid under
§ 761.60(a)(2)(iii)(B).
(3) An incinerator approved under
section 3005(c) of the Resource Con-
servation and Recovery Act (42 U.S.C.
6925(c)) (RCRA).
(4) Industrial furnaces and boilers
which are identified in 40 CFR 260.10
and 40 CFR 279.6l(a)(l) and (2) when op-
erating at their normal operating tem-
peratures (this prohibits feeding fluids,
above the level of detection, during ei-
ther startup or shutdown operations).
Quantifiable Level/Level of Detection
means 2 micrograms per gram from
any resolvable gas chromatographic
peak, i.e. 2 ppm.
Recycled PCBs means those PCBs
which appear in the processing of paper
products or asphalt roofing materials
from PCB-contaminated raw materials.
Processes which recycle PCBs must
meet the following requirements:
(1) There are no detectable con-
centrations of PCBs in asphalt roofing
material products leaving the process-
ing site.
(2) The concentration of PCBs in
paper products leaving any manufac-
turing site processing paper products,
or in paper products imported into the
United States, must have an annual av-
433
§761.19
erage of less than 25 ppm with a 50 ppm
maximum.
(3) The release of PCBs at the point
at which emissions are vented to ambi-
ent air must be less than 10 ppm.
(4) The amount of Aroclor PCBs
added to water discharged from an as-
phalt roofing processing site must at
all times be less than 3 micrograms per
liter (µg/L) for total Aroclors (roughly
3 parts per billion (3 ppb}). Water dis-
charges from the processing of paper
products must at all times be less than
3 micrograms per liter (µg/L) for total
Aroclors (roughly 3 ppb}, or comply
with the equivalent mass-based limita-
tion.
(5) Disposal of any other process
wastes at concentrations of 50 ppm or
greater must be in accordance with
subpart D of this part.
Retrofill means to remove PCB or
PCB-contaminated dielectric fluid and
to replace it with either PCB, PCB-con-
taminated, or non-PCB dielectric fluid.
Rupture of a PCB Transformer means a
violent or non-violent break in the in-
tegrity of a PCB Transformer caused
by an overtemperature and/or over-
pressure condition that results in the
release of PCBs.
Sale for purposes other than resale
means sale of PCBs for purposes of dis-
posal and for purposes of use, except
where use involves sale for distribution
in com:nerce. PCB Equipment which is
first leased for purposes of use any
time before July 1, 1979, will be consid-
ered sold for purposes other than re-
sale.
Small quantities for research and devel-
opment means any quantity of PCBs (1)
that is originally packaged in one or
more hermetically sealed containers of
a volwne of no more than five (5.0) mil-
liliters, and (2) that is used only for
purposes of scientific experimentation
or analysis, or chemical research on, or
analysis of, PCBs, but not for research
or analysis for the development of a
PCB product.
Storage for disposal means temporary
storage of PCBs that have been des-
ignated for disposal.
Transfer facility means any transpor-
tation-related facility including load-
ing docks, parking areas, and other
similar areas where shipments of PCB
waste are held during the normal
40 CFR Ch. I (7-1-94 Edition)
course of transportation. Transport ve-
hicles are not transfer facilities under
this definition, unless they are used for
the storage of PCB waste, rather than
for actual transport activities. Storage
areas for PCB waste at transfer facili-
ties are subject to the storage facility
standards of §761.65, but such storage
areas are exempt from the approval re-
quirements of §761.65(d) and the record-
keeping requirements of § 761.180, un-
less the same PCB waste is stored there
for a period of more than 10 consecu-
tive days between destinations.
Transporter of PCB waste means, for
the purposes of subpart K of this part,
any person engaged in the transpor-
tation of regulated PCB waste by air,
rail, highway, or water for purposes
other than consolidation by a genera-
tor.
Transport vehicle means a motor vehi-
cle or rail car used for the transpor-
tation of cargo by any mode. Each
cargo-carrying body (e.g., trailer, rail-
road freight car) is a separate trans-
port vehicle.
Totally enclosed manner means any
manner that will ensure no exposure of
human beings or the environment to
any concentration of PCBs.
Waste Oil means used products pri-
marily derived from petrolewn, which
include, but are not limited to, fuel
oils, motor oils, gear oils, cutting oils,
transmission fluids, hydraulic fluids,
and dielectric fluids.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[49 FR 25239, June 20, 1984, as amended at 49
FR 28189, July 10, 1984; 49 FR 29066, July 18,
1984; 49 FR 44638, Nov. 8, 1984; 50 FR 29199,
July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR
24220, June 27, 1988; 53 FR 27327, July 19, 1988;
54 FR 52745, Dec. 21, 1989; 55 FR 26205, June
27, 1990; 58 FR 32061, June 8, 1993)
§ 761.19 References.
(a) [Reserved]
(b) Incorporations by reference. The
following material is incorporated by
reference, and is available for inspec-
tion at the Office of the Federal Reg-
ister Information Center, 800 North
Capitol Street, NW., suite 700, Wash-
ington, DC. These incorporations by
reference were approved by the Direc-
tor of the Office of the Federal Reg-
ister. These materials are incorporated
434
Environmental Protection Agency
as they exist on the date of approval
and a notice of any change in these ma-
terials will be published in the FED-
ERAL REGISTER. Copies of the incor-
porated material may be obtained from
the TSCA Public Docket Office (7407),
Rm. NE--0004, Office of Pollution Pre-
vention and Toxics, Environmental
Protection Agency, 401 M St., SW.,
iVashington, DC 20460, or from the
~merican Society for Testing and Ma-
;erials (ASTM), 1916 Race Street,
?hiladelphia, PA 19103.
References CFR Citation
\STM D 93 -90 Standard § 761.60{a)(3)(iii)(B)(6);
Test Methods for Flash § 761.75(b)(8)(iii)
Point by Pensky-Martens
Closed Tester ..
ISTM D 121Hl4 § 761.60(a)(3)(iii)(B)(6)
(Reapproved 1978)
Standard Test Method for
Sulfur in Petroleum Prod-
ucts (General Bomb
Method) ..
,STM D 240--87 Standard § 761.60{a)(3)(iii)(B)(6)
Test Method for Heat of
Combustion of Liquid Hy-
drocarbon Fuel by Bomb
Calorimeter.
.STM D 482-87 Standard § 761.60(a)(3)(iii)(B)(6)
Test Method for Ash from
Petroleum Products.
STM D 524-88 Standard § 761.60(a)(3)(iii)(B)(6)
Test Method for
Ramsbottom Carbon
Residue of Petroleum
Products.
STM D 808-87 Standard § 761.60(a)(3)(iii)(B)(6)
Test Method for Chlorine
in New and Used Petro-
leum Products (Bomb
Method).
STM D 923-86 Standard § 761.60(g)(1 )(ii); (g)(2)(ii)
Test Method for Sam-
pling Electrical Insulating
Liquids.
STM D 923-89 Standard § 761.60(g)(1 )(ii); (g)(2)(ii)
Methods of Sampling
Electrical Insulating Liq-
uids.
3TM D 1266-87 Standard §761 .60(a)(3)(iii)(B)(6)
Test Method for Sulfur in
Petroleum Products
(lamp Method).
3TM D 1796-83 §761.60(a)(3)(iii)(B)(6)
(Reapproved 1990)
Standard Test Method for
Water and Sediment in
Fuel Oils by the Cen-
trifuge Method (labora-
tory Procedure).
,TM D 2158-89 Standard §761.60(a)(3)(iii)(B)(6)
Test Method for Resi-
dues in Liquified Petro-
leum (LP) Gases.
,TM D 2709-88 Standard § 761.60(a)(3)(iii)(B)(6)
Test Method for Water
and Sediment in Distillate
cuels by Centrifuge.
§761.20
References CFR Citation
ASTM D 2784-89 Standard § 761 .60(a)(3)(iii)(B)(6)
Test Method for Sulfur in
Liquified Petroleum
Gases (Oxy-hydrogen
Burner or lamp).
ASTM D 3178-84 Standard § 761.60(a)(3)(iii)(B)(6)
Test Methods for Carbon
and Hydrogen in the
Analysis Sample of Coke
and Coal.
ASTM D 3278-89 Standard § 761.75(b)(8)(iii)
Test Methods for Flash
Point of Liquids by
Seta flash Close<H::up
Apparatus.
ASTM E 2~7 § 761 .60(a)(3)(iii)(B)(6)
(Reapproved 1987)
Standard Test Method for
Total Nitrogen Inorganic
Material by Modified
KJEL0AHL Method.
[47 FR 22098, May 21, 1982, as amended at 49
FR 29067, July 18, 1984; 49 FR 36648, Sept. 19,
1984; 53 FR 10391, Mar. 31, 1988; 53 FR 12524,
Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 FR
13323, Apr. 16, 1992; 59 FR 33697, June 30, 1994)
Subpart B-Manufacturing, Proc-
essing, Distribution in Com-
merce, and Use of PCBs and
PCB Items
§ 761.20 Prohibitions.
Except as authorized in §761.30, the
activities listed in paragraphs (a) and
(d) of this section are prohibited pursu-
ant to section 6(e)(2) of TSCA. The re-
quirements set forth in paragraphs (b)
and (c) of this section concerning ex-
port and import of PCBs for purposes of
disposal and PCB Items for purposes of
disposal are established pursuant to
section 6(e)(l) of TSCA. Subject to any
exemptions granted pursuant to sec-
tion 6(e)(3)(B) of TSCA, the activities
listed in paragraphs (b) and (c) of this
section are prohibited pursuant to sec-
tion (6)(e)(3)(A) of TSCA. In addition,
the Administrator hereby finds, under
the authority of section 12(a)(2) of
TSCA, that the manufacture, process-
ing, and distribution in commerce of
PCBs at concentrations of 50 ppm or
greater and PCB Items with PCB con-
centrations of 50 ppm or greater
present an unreasonable risk of injury
to health within the United States.
This finding is based upon the well-doc-
umented human health and environ-
mental hazard of PCB exposure, the
high probability of human and environ-
435
§761.20
mental 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 evi-
dence that contamination of the envi-
ronment by PCBs is spread far beyond
the areas where they are used. In addi-
tion, the Administrator hereby finds,
for purposes of section 6(e)(2)(C) of
TSCA, that any exposure of human
beings or the environment to PCBs, as
measured or detected by any scientif-
ically acceptable analytical method,
may be significant, depending on such
factors as the quantity of PCBs in-
volved in the exposure, the likelihood
of exposure to humans and the environ-
ment, and the effect of exposure. For
purposes of determining which PCB
Items are totally enclosed, pursuant to
section 6(e)(2)(C) of TSCA, since expo-
sure to such Items may be significant,
the Administrator further finds that a
totally enclosed manner is a manner
which results in no exposure to humans
or the environment to PCBs. The fol-
lowing activities are considered totally
enclosed: distribution in commerce of
intact, nonleaking electrical equip-
ment such as transformers (including
transformers used in railway loco-
motives and self-propelled cars), ca-
pacitors, electromagnets, voltage regu-
lators, switches (including
sectionalizers and mot or starters), cir-
cuit breakers, reclosers, and cable that
contain PCBs at any concentration and
processing and distribution in com-
merce of PCB Equipment containing an
intact, nonleaking PCB Capacitor. See
paragraph (c)(l) of this section for pro-
visions allowing the distribution in
· commerce of PCBs and PCB Items.
(a) No persons may use any PCB, or
any PCB Item regardless of concentra-
tion, in any manner other than in a to-
tally enclosed manner within the Unit-
ed States unless authorized under
§761.30, except that:
(1) An authorization is not required
to use those PCBs or PCB Items which
consist of excluded PCB products as de-
fined in §761.3.
(2) An authorization is not required
to use those PCBs or PCB Items result-
ing from an excluded manufacturing
process or recycled PCBs as defined in
40 CFR Ch. I (7-1-94 Edition)
§ 761.3, provided all applicable condi-
tions of §761.l(f) are met.
(3) An authorization is not required
to use those PCB Items which contain
or whose surfaces have been in contact
with excluded PCB products as defined
in §761.3.
(4) An authorization is not required
to apply sewage sludges, contaminated
with PCBs below 50 ppm, to land when
regulated by authorities under the
Clean Water Act and the Resource Con-
servation and Recovery Act.
(b) No person may manufacture PCBs
for use within the United States or
manufacture PCBs for export from the
United States without an exemption
except that:
(1) No person may manufacture PCBs
for use within the United States or
manufacture PCBs for export from the
United States without an exemption,
except that an exemption is not re-
quired for PCBs manufactured in an ex-
cluded manufacturing process as de-
fined in § 761.3, provided that all appli-
cable conditions of§ 761.l(f) are met.
(2) PCBs at concentrations less than
50 ppm may be imported or exported
for purposes of disposal.
(c) No persons may process or distrib-
ute in commerce any PCB, or any PCB
Item regardless of concentration, for
use within the United States or for ex-
port from the United States without an
exemption, except that an exemption is
not required to process or distribute in
commerce PCBs or PCB Items result-
ing from an excluded manufacturing
process as defined in § 761.3, or to proc-
ess or distribute in commerce recycled
PCBs as defined in § 761.3, or to process
or distribute in commerce excluded
PCB products as defined in § 761.3, pro-
vided that all applicable conditions of
§761.l(f) are met. In .addition, the ac-
tivities described in paragraphs (c) (1)
through (5) of this section may also be
conducted without an exemption,
under the conditions specified therein.
(1) PCBs at concentrations of 50 ppm
or greater, or PCB Items with PCB con-
centrations of 50 ppm or greater, sold
before July 1, 1979 for purposes other
than resale may be distributed in com-
merce only in a totally enclosed man-
ner after that date.
(2) PCBs at concentrations of 50 ppm
or greater, or PCB Items with PCB con-
436
Environmental Protection Agency
centrations of 50 ppm or greater may
be processed and distributed in com-
merce in compliance with the require-
ments of this Part for purposes of dis-
posal in accordance with the require-
ments of§ 761.60.
(3) PCBs or PCB Items may be ex-
ported for disposal until May 1, 1980, if
an export notice is submitted at least
thirty (30) days before the first ship-
ment in any calendar year leaves the
customs territory of the United States.
Export notices must be submitted to
the TSCA Document Processing Center
(TS-790), Rm. L---100, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 401 M St., SW.,
Washington, DC 20460. The generator of
the PCB waste material intended for
disposal, or an agent acting on his be-
half, must certify to the best of his
knowledge and belief that the informa-
tion is complete and accurate. Each no-
tice should contain the following infor-
mation:
(i) Name, company name, address,
and telephone number of the owner of
the PCB waste material to be exported
and the name and address of any per-
son or agent acting on his behalf;
(ii) Estimated quantity of wastes to
be shipped during the calendar year
and the estimated number of shipments
to be made and the dates when such
shipments are expected to leave the
customs territory of the United States;
(iii) Description of the PCBs or PCB
Items being exported;
(iv) Country(s) of destination for the
shipments;
(v) Name and address of facility(s) re-
ceiving the shipment and person(s) re-
sponsible for receiving the shipment(s).
(vi) Method(s) of disposal and pre-
cautions taken to control release into
the environment.
(vii) No less than 30 days after the
end of each calendar quarter (March 31,
June 30, September 30, and December
31) during which PCBs were exported
for disposal, each person exporting the
PCBs must submit a report to the
TSCA Document Processing Center
(TS-790), Rm. L---100, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 401 M St., SW.,
Washington, DC 20460. The report shall
list the quantity of PCB wastes in each
shipment made during the quarter and
§761.20
include the date when each shipment
left the customs territory of the United
States and the information specified in
paragraphs (c)(3) (i) and (iii) through
(vi) of this sect~on. If the quantity of
wastes shipped during the calendar
year exceeds by 25 percent or more the
estimated quantities reported in para-
graph (c)(3)(ii) of this section, a special
export notice must be submitted to the
TSCA Document Processing Center
(TS-790) at the address given in para-
graph (c)(3) of this section, at least 30
days before any additional shipments
leave the customs territory of the
United States and the notice shall in-
clude the information specified in para-
graphs (c)(3) (i) through (vi) of this sec-
tion.
(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 TSCA Doc-
ument Processing Center (TS-790) at
the address given in paragraph (c)(3) of
this section, and the notice shall con-
tain the information listed in para-
graphs (c)(3) (i) through (vi) of this sec-
tion.
(4) PCBs, at concentrations of less
than 50 ppm, or PCB Items, with con-
centrations of less than 50 ppm, may be
processed and distributed in commerce
for purposes of disposal.
(5) Equipment, structures, or other
materials that were contaminated with
PCBs because of spills from, or proxim-
ity to, a PCB Item >50 ppm, and which
are not otherwise authorized for use or
distribution in commerce under this
part, may be distributed in commerce,
provided that these materials were de-
contaminated in accordance with ap-
plicable EPA PCB spill cleanup policies
in effect at the time of the decon-
tamination or, if not previously decon-
taminated, at the time of the distribu-
tion in commerce.
(d) The use of waste oil that contains
any detectable concentration of PCB as
a sealant, coating, or dust control
agent is prohibited. Prohibited uses in-
clude, but are not limited to, road oil-
ing, general dust control, use as a pes-
ticide or herbicide carrier, and use as a
rust preventative on pipes.
437
§761.20
(e) In addition to any applicable re-
quirements under 40 CFR Part 279, sub-
parts G and H, marketers and burners
of used oil who market (process or dis-
tribute in commerce) for energy recov-
ery, used oil containing any quantifi-
able level of PCBs are subject to the
following requirements:
(1) Restrictions on marketing. Used oil
containing any quantifiable level of
PCBs (2 ppm) may be marketed only to:
(i) Qualified incinerators as defined
in 40 CFR 761.3.
(ii) Marketers who market off-speci-
fication used oil for energy recovery
only to other marketers who have noti-
fied EPA of their used oil management
activities, and who have an EPA iden-
tification number where an identifica-
tion number is required by 40 CFR
279.73. This would include persons who
market off-specification used oil who
are subject to the requirements at 40
CFR part 279 and the notification re-
quirements of 40 CFR 279.73.
(iii) Burners identified in 40 CFR
279.6l(a)(l) and (2). Only burners in the
automotive industry may burn used oil
generated from automotive sources in
used oil-fired space heaters provided
the provisions of 40 CFR 279.23 are met.
The Regional Administrator may grant
a variance for a boiler that does not
meet the 40 CFR 279.6l(a)(l) and (2) cri-
teria after considering the criteria list-
ed in 40 CFR 260.32 (a) through (f). The
applicant must address the relevant
criteria contained in 40 CFR 260.32 (a)
through (f) in an application to the Re-
gional Administrator.
(2) Testing of used oil fuel. Used oil to
be burned for energy recovery is pre-
sumed to contain quantifiable levels (2
ppm) of PCB unless the marketer ob-
tains analyses (testing) or other infor-
mation that the used oil fuel does not
contain quantifiable levels of PCBs.
(i) The person who first claims that a
used oil fuel does not contain quantifi-
able level (2 ppm) PCB must obtain
analyses or other information to sup-
port that claim.
(ii) Testing to determine the PCB
concentration in used oil may be con-
ducted on individual samples, or in ac-
cordance with the testing procedures
described in §761.60(g)(2). However, for
purposes of this part, if any PCBs at a
concentration of 50 ppm or greater
40 CFR Ch. I (7-1-94 Edition)
have been added to the container or
equipment, then the total container
contents must be considered as having
a PCB concentration of 50 ppm or
greater for purposes of complying with
the disposal requirements of this part.
(iii) Other information documenting
that the used oil fuel does not contain
quantifiable levels (2 ppm) of PCBs
may consist of either personal, special
knowledge of the source and composi-
tion of the used oil, or a certification
from the person generating the used oil
claiming that the oil contains no de-
tectable PCBs.
(3) Restrictions on burning. (i) Used oil
containing any quantifiable levels of
PCB may be burned for energy recov-
ery only in the combustion facilities
identified in paragraph (e)(l) of this
section when such facilities are operat-
ing at normal operating temperatures
(this prohibits feeding these fuels dur-
ing either startup or shutdown oper-
ations). Owners and operators of such
facilities are "burners" of used oil
fuels.
(ii) Before a burner accepts from a
marketer the first shipment of used oil
fuel containing detectable PCBs (2
ppm), the burner must provide the
marketer a one-time written and
signed notice certifying that:
(A) The burner has complied with
any notification requirements applica-
ble to "qualified incinerators" (§761.3)
or to "burners" regulated under 40 CFR
part 279, subpart G.
(B) The burner will burn the used oil
only in a combustion facility identified
in paragraph (e)(l) of this section and
identify the class of burner he quali-
fies.
(4) Recordkeeping requirements. The
following recordkeeping requirements
are in addition to the recordkeeping re-
quirements for marketers found in 40
CFR 279.72(b), 279.74(a), (b) and (c), and
279. 75, and for burners found in 40 CFR
279.65 and 279.66.
(i) Marketers. Marketers who first
claim that the used oil fuel contains no
detectable PCBs must include among
the records required by 40 CFR 279.72(b)
and 279.74(b) and (c), copies of the anal-
ysis or other information documenting
his claim, and he must include among
the records required by 40 CFR 279.74(a)
and (c) and 279.75, a copy of each cer-
438
ivironmental Protection Agency
fication notice received or prepared
lating to transactions involving PCB-
1ntaining used oil.
(ii) Burners. Burners must include
nong the records required by 40 CFR
9.65 and 279.66, a copy of each certifi-
ction notice required by paragraph
)(3)(ii) of this section that he sends to
marketer.
ec. 6, Pub. L. 94--469, 90 Stat. 2020, (15 U.S.C.
05)
1 FR 31542, May 31, 1979. Redesignated at 47
R. 19527, May 6, 1982, and amended at 49 FR
241, June 20, 1984; 49 FR 28190, July 10, 1984;
FR 44638, Nov. 8, 1984; 53 FR 12524, Apr. 15,
88; 53 FR 24220, June 27, 1988; 58 FR 15435,
ar. 23, 1993; 58 FR 34205, June 23, 1993]
761.30 Authorizations.
The following non-totally enclosed
CB activities are authorized pursuant
J section 6(e)(2)(B) of TSCA:
(a) Use in and servicing of transformers
)ther than railroad transf ormers). PCBs
t any concentration may be used in
ransformers (other than in railroad lo-
omotives and self-propelled railroad
ars) and may be used for purposes of
ervicing including rebuilding these
ransformers for the remainder of their
tseful lives, subject to the following
,onditions:
(1) Use conditions. (i) As of October 1,
985, the use and storage for reuse of
~cB Transformers that pose an expo-
;ure risk to food or feed is prohibited.
(ii) As of October 1, 1990, the use of
1etwork PCB Transformers with higher
,econdary voltages (secondary voltages
~qual to or greater than 480 volts, in-
~luding 480/277 volt systems) in or near
~ommercial buildings is prohibited.
~etwork PCB Transformers with high-
~r secondary voltages which are re-
moved from service in accordance with
this requirement must either be reclas-
sified to PCB Contaminated or non
PCB status, placed into storage for dis-
posal, or disposed.
(iii) Except as otherwise provided, as
of October 1, 1985, the installation of
PCB Transformers, which have been
placed into storage for reuse or which
have been removed from another loca-
tion, in or near commercial buildings
is prohibited.
(A) The installation of PCB Trans-
formers on or after October 1, 1985,
however, and their use thereafter, is
§ 761.30
permitted either in an emergency situ-
ation, as defined in § 761.3, or in si tua-
tions where the transformer has been
retrofilled and is being placed into
service in order to qualify for reclassi-
fication under paragraph (a)(2)(v) of
this section.
(B) Installation of a PCB Trans-
former in an emergency situation is
permitted when done in accordance
with the following:
(J) Documentation to support the
reason for the emergency installation
of a PCB Transformer must be main-
tained at the owner's facility and com-
pleted within 30 days after installation
of the PCB Transformer. The docu-
mentation must include, but is not
limited to:
(i) The type of transformer, i.e., ra-
dial or lower or higher network, that
requires replacement.
(ii) The type(s) of transformers, i.e.,
radial or lower or higher network, that
must be used for replacement.
(iii) The date of transformer failure.
(iv) The date of subsequent replace-
ment.
(v) The type of transformer, i.e., ra-
dial or lower or higher network, in-
stalled as a replacement.
(vi) A statement describing actions
taken to locate a non-PCB or PCB-Con-
taminated transformer replacement.
(2) Such emergency installation is
permitted until October 1, 1990, and the
use of any PCB Transformer installed
on such an emergency basis is per-
mitted for 1 year from the date of in-
stallation or until October 1, 1990,
whichever is earlier.
(3) PCB Transformers installed for
emergency purposes may be subse-
quently reclassified; however, the
transformer must be effectively reclas-
sified to a non-PCB or PCB-Contami-
nated status within 1 year after instal-
lation or by October 1, 1990, whichever
is earlier because the transformer was
initially installed in an emergency sit-
uation.
(C) Installation of a retrofilled PCB
Transformer for reclassification pur-
poses is permitted when it is done in
accordance with the following:
(J) Those who installed transformers
for reclassification purposes must
maintain on the owner's premises,
439
i,,O-J,,H 0 -!1-1--J,,
§761.30
completed within 30 days of installa-
tion, the following information:
(i) The date of installation.
(ii) The type of transformer, i.e., ra-
dial or lower or higher network, in-
stalled.
(iii) • The PCB concentration, if
known, at the time of installation.
(iv) The retrofill and reclassification
schedule.
(2) For purposes of this paragraph,
the installation of retrofilled PCB
Transformers for purposes of reclassi-
fication under paragraph (a)(2)(v) of
this section is permitted until October
1, 1990.
(i) However, the use of a retrofilled
PCB Transformer installed for reclassi-
fication purposes is limited to 18
months after installation or until Oc-
tober 1, 1990, whichever is earlier.
(ii) Retrofilled mineral oil PCB
Transformers may be installed for re-
classification purposes indefinitely
after October 1, 1990.
(iii) Once a retrofilled transformer
has been installed for reclassification
purposes, it must be tested 3 months
after installation to ascertain the con-
centration of PCBs. If the PCB con-
centration is below 50 ppm, the trans-
former can be reclassified as a non-PCB
Transformer. If the PCB concentration
is between 50 and 500 ppm, the trans-
former can be reclassified as a PCB-
Contaminated transformer. If the PCB
concentration remains at 500 ppm or
greater, the entire process must either
be repeated until the transformer has
been reclassified to a non-PCB or PCB-
Contaminated transformer in accord-
ance with paragraph (a)(2)(v) of this
section or the transformer must be re-
moved from service.
(D) Owners who installed PCB Trans-
formers in emergency situations or for
reclassification purposes between Octo-
ber 1, 1985 and September 1, 1988 must
notify the Regional Administrator in
writing by October 3, 1988 of such in-
stallation. The notification for emer-
gency installation must include the in-
formation in paragraph (a)(l)(iii)(B)(J)
(i) through (vi) of this section. The no-
tification for reclassification must in-
clude the information in paragraph
(a)(l)(iii)(C)(J) (i) through (iv) of this
section. All PCB Transformers in-
stalled in an emergency situation or
40 CFR Ch. I (7-1-94 Edition)
installed for reclassification purposes
are subject to the requirements of this
Part 761.
(iv) As of October 1, 1990, all higher
secondary voltage radial PCB Trans-
formers, in use in or near commercial
buildings, and lower secondary voltage
network PCB Transformers not located
in sidewalk vaults in or near commer-
cial buildings (network transformers
with secondary voltages below 480
volts) that have not been removed from
service as provided in paragraph
(a)(l)(iv)(B) of this section, must be
equipped with electrical protection to
avoid transformer ruptures caused by
high current faults. As of February 25,
1991, all ~ower secondary voltage radial
PCB Transformers, in use in or near
commercial buildings, must be
equipped with electrical protection to
avoid transformer ruptures caused by
high current faults.
(A) Current-limiting fuses or other
equivalent technology must be used to
detect sustained high current faults
and provide for the complete
deenergization of the transformer
(within several hundredths of a second
in the case of higher secondary voltage
radial PCB Transformers and within
tenths of a second in the case of lower
secondary voltage network PCB Trans-
formers), before transformer rupture
occurs. Lower secondary voltage radial
PCB Transformers must be equipped
with electrical protection as provided
in paragraph (a)(l)(iv)(E) of this sec-
tion. The installation, setting, and
maintenance of current-limiting fuses
or other equivalent technology to
avoid PCB Transformer ruptures from
sustained high current faults must be
completed in accordance with good en-
gineering practices.
(B) All lower secondary voltage net-
work PCB Transformers not located in
sidewalk vaults (network transformers
with secondary voltages below 480
volts), in use in or near commercial
buildings, which have not been pro-
tected as specified in paragraph
(a)(l)(iv)(A) of this section by October
1, 1990, must be removed from service
by October 1, 1993.
(C) As of October 1, 1990, owners of
lower secondary voltage network PCB
Transformers, in use in or near com-
mercial buildings which have not been
440
Environmental Protection Agency
protected as specified in paragraph
'.a)(l)(i v)(A) of this section and which
:i.re not located in sidewalk vaults,
must register in writing those trans-
rormers with the EPA Regional Admin-
,strator in the appropriate region. The
:nformation required to be provided in
Nriting to the Regional Administrator
.ncludes:
(1) The specific location of the PCB
rransformer(s).
(2) The address(es) of the building(s)
ind the physical location of the PCB
rransformer(s) on the building site(s).
(3) The identification number(s) of
;he PCB Transformer(s).
(D) As of October 1, 1993, all lower
·,econdary voltage network PCB Trans-
·ormers located in sidewalk vaults
network transformers with secondary
·oltages below 480 volts) in use near
;ommercial buildings must be removed
rom service.
(E) As of February 25, 1991, all lower
econdary voltage radial PCB Trans-
ormers must be equipped with elec-
rical protection, such as current-lim-
ting fuses or other equivalent tech-
1ology, to detect sustained high cur-
ent faults and provide for the com-
>lete deenergization of the transformer
-r complete deenergization of the
aulted phase of the transformer within
everal hundredths of a second. The in-
tallation, setting, and maintenance of
urrent-limiting fuses or other equiva-
3nt technology to avoid PCB Trans-
:>rmer ruptures from sustained high
urrent faults must be completed in ac-
ordance with good engineering prac-
ices.
(v) As of October 1, 1990, all radial
'CB Transformers with higher second-
ry voltages (480 volts and above, in-
luding 480/277 volt systems) in use in
r near commercial buildings must, in
ddition to the requirements of para-
raph (a)(l)(iv)(A) of this section, be
quipped with protection to avoid
ransformer ruptures caused by sus-
:i.ined low current faults.
(A) Pressure and temperature sensors
)r other equivalent technology which
as been demonstrated to be effective
1 early detection of sustained low cur-
mt faults) must be used in these
~ansformers to detect sustained low
urrent faults.
§761.30
(B) Disconnect equipment must be
provided to insure complete deenergi-
zation of the transformer in the event
of a sensed abnormal condition (e.g., an
overpressure or overtemperature condi-
tion in the transformer), caused by a
sustained low current fault. The dis-
connect equipment must be configured
to operate automatically within 30 sec-
onds to 1 minute of the receipt of a sig-
nal indicating an abnormal condition
from a sustained low current fault, or
can be configured to allow for manual
deenergization from a manned on-site
control center upon the receipt of an
audio or visual signal indicating an ab-
normal condition caused by a sustained
low current fault. Manual
deenergization from a manned on-site
control center must occur within 1
minute of the receipt of the audio or
visual signal indicating an abnormal
condition caused by a sustained low
current fault. If automatic operation is
selected and a circuit breaker is uti-
lized for disconnection, it must also
have the capability to be manually
opened if necessary.
(C) The enhanced electrical protec-
tive system required for the detection
of sustained low current faults and the
complete and rapid deenergization of
transformers must be properly in-
stalled, maintained, and set sensitive
enough (in accordance with good engi-
neering practices) to detect sustained
low current faults and allow for rapid
and total deenergization prior to PCB
Transformer rupture (either violent or
non violent rupture) and release of
PCBs.
(vi) As of December 1, 1985, all PCB
Transformers (including PCB Trans-
formers in storage for reuse) must be
registered with fire response personnel
with primary jurisdiction (that is, the
fire department or fire brigade which
would normally be called upon for the
initial response to a fire involving the
equipment). Information required to be
provided to fire response personnel in-
cludes:
(A) The location of the PCB
Transformer(s) (the address(es) of the
building(s) and the physical location of
the PCB Transformer(s) on the building
site(s) and for outdoor PCB
Transformers, the location of the out-
door substation).
441
§ 761.30
(B) The principal constituent of the
dielectric fluid in the transformer(s)
(e.g., PCBs, mineral oil, or silicone oil).
(C) The name and telephone number
of the person to contact in the event of
a fire involving the equipment.
(vii) As of December 1, 1985, PCB
Transformers in use in or near com-
mercial buildings must be registered
with building owners. For PCB Trans-
formers located in commercial build-
ings, PCB Transformer owners must
register the transformers with the
building owner of record. For PCB
Transformers located near commercial
buildings, PCB Transformer owners
must register the transformers with all
owners of buildings located within 30
meters of the PCB Transformer(s). In-
formation required to be provided to
building owners by PCB Transformer
owners includes but is not limited to:
(A) The specific location of the PCB
Transformer(s).
(B) The principal constituent of the
dielectric fluid in the transformer(s)
(e.g., PCBs, mineral oil, or silicone oil).
(C) The type of transformer installa-
tion (e.g., 208/120 volt network, 280/120
volt radial, 208 volt radial, 480 volt net-
work, 480/277 volt network, 480 volt ra-
dial, 480/277 volt radial).
(viii) As of December 1, 1985, combus-
tible materials, including, but not lim-
ited to paints, solvents, plastics, paper,
and sawn wood must not be stored
within a PCB Transformer enclosure
(i.e., in a transformer vault or in a par-
titioned area housing a transformer);
within 5 meters of a transformer enclo-
sure, or, if unenclosed (unpartitioned),
within 5 meters of a PCB Transformer.
(ix) A visual inspection of each PCB
Transformer (as defined in the defini-
tion of "PCB Transformer" under
§761.3) in use or stored for reuse shall
be performed at least once every 3
months. These inspections may take
place any time during the 3-month pe-
riods: January-March, April-June,
July-September, and Oct ober-Decem-
ber as long as there is a minimum of 30
days between inspections. The visual
inspection must include investigation
for any leak of dielectric fluid on or
around the transformer. The extent of
the visual inspections will depend on
the physical constraints of each trans-
former installation and should not re-
40 CFR Ch. I (7-1-94 Edition)
quire an electrical shutdown of the
transformer being inspected.
(x) If a PCB Transformer is found to
have a leak which results in any quan-
tity 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 discov-
ery. Until appropriate action is com-
pleted, any active leak of PCBs must
be contained to prevent exposure of hu-
mans or the environment and inspected
daily to verify containment of the
leak. Trenches, dikes, buckets, and
pans are examples of proper contain-
ment measures.
(xi) If a PCB Transformer is involved
in a fire-related incident, the owner of
the transformer must immediately re-
port the incident to the National Re-
sponse Center (toll-free 1-800--424-8802;
in Washington, DC 202-426--2675). A fire-
related incident is defined as any inci-
dent involving a PCB Transformer
which involves the generation of suffi-
cient heat and/or pressure (by any
source) to result in the violent or non-
violent rupture of a PCB Transformer
and the release of PCBs. Information
must be provided regarding the type of
PCB Transformer installation involved
in the fire-related incident (e.g., high
or low secondary voltage network
transformer, high or low secondary
voltage simple radial system, expanded
radial system, primary selective sys-
tem, primary loop system, or second-
ary selective system or other systems)
and the readily ascertainable cause of
the fire-related incident (e.g., high cur-
rent fault in the primary or secondary
or low current fault in secondary). The
owner of the PCB Transformer must
also take measures as soon as prac-
tically and safely possible to contain
and control any potential releases of
PCBs and incomplete combustion prod-
ucts into water. These measures in-
clude, but are not limited to:
(A) The blocking of all floor drains in
the vicinity of the transformer.
(B) The containment of water runoff.
442
·ironmental Protection Agency
:n The control and treatment (prior
release) of any water used in subse-
mt cleanup operations.
<ii) Records of inspection and main-
ance history shall be maintained at
st 3 years after disposing of the
nsformer and shall be made avail-
e for inspection, upon request by
A. Such records shall contain the
lowing information for each PCB
rnsformer:
A) Its location.
B) The date of each visual inspection
i the date that leak was discovered,
lifferent from the inspection date.
C) The person performing the inspec-
n.
D) The location of any leak(s).
E) An estimate of the amount of di-
ctric fluid released from any leak.
F) The date of any cleanup, contain-
.nt, repair, or replacement.
G) A description of any cleanup, con-
nrnent, or repair performed.
H) The results of any containment
d daily inspection required for un-
~rected active leaks.
xiii) A reduced visual inspection fre-
ency of at least once every 12
mths applies to PCB Transformers
a.t utilize either of the following risk
1uction measures. These inspections
1y take place any time during the
lendar year as long as there is a min-
mm of 180 days between inspections.
'.A) A PCB Transformer which has
1pervious, undrained, secondary con-
inment capacity of at least 100 per-
nt of the total dielectric fluid vol-
ne of all transformers so contained or
(B) A PCB Transformer which has
.en tested and found to contain less
.an 60,000 ppm PCBs (after 3 months
· in service use if the transformer has
,en serviced for purposes of reducing
. e PCB concentration).
(xiv) An increased visual inspection
equency of at least once every week
)plies to any PCB Transformer in use
· stored for reuse which poses an ex-
)Sure risk to food or feed. The user of
PCB Transformer posing an exposure
sk to food is responsible for the in-
>ection, recordkeeping, and mainte-
mce requirements under this section
ntil the user notifies the owner that
1e transformer may pose an exposure
sk to food or feed. Following such no-
fication, it is the owner's ultimate re-
§761.30
sponsibility to determine whether the
PCB Transformer poses an exposure
risk to food or feed.
(xv) In the event a mineral oil trans-
former, assumed to contain less than
500 ppm of PCBs as provided in § 761.3,
is tested and found to be contaminated
at 500 ppm or greater PCBs, it will be
subject to all the requirements of this
Part 761. In addition, efforts must be
initiated immediately to bring the
transformer into compliance in accord-
ance with the following schedule:
(A) Report fire-related incidents, ef-
fective immediately after discovery.
(B) Mark the PCB transformer within
7 days after discovery.
(C) Mark the vault door, machinery
room door, fence, hallway or other
means of access to the PCB Trans-
former within 7 days after discovery.
(D) Register the PCB Transformer in
writing with fire response personnel
with primary jurisdiction and with the
building owner, within 30 days of dis-
covery.
(E) Install electrical protective
equipment on a radial PCB Trans-
former and a non-sidewalk vault, lower
secondary voltage network PCB Trans-
former in or near a commercial build-
ing within 18 months of discovery or by
October 1, 1990, whichever is later.
(F) Remove a non-sidewalk vault,
lower secondary voltage network PCB
Transformer in or near a commercial
building, if electrical protective equip-
ment is not installed, within 18 months
of discovery or by October 1, 1993,
whichever is later.
(G) Remove a lower secondary volt-
age network PCB Transformer located
in a sidewalk vault in or near a com-
mercial building, within 18 months of
discovery or by October 1, 1993, which-
ever is later .
(H) Retrofill and reclassify a radial
PCB Transformer or a lower or higher
secondary voltage network PCB Trans-
former, located in other than a side-
walk vault in or near a commercial
building, within 18 months or by Octo-
ber 1, 1990, whichever is later. This is
an option in lieu of installing electrical
protective equipment on a radial or
lower secondary voltage network PCB
Transformer located in other than a
sidewalk vault or of removing a higher
secondary voltage network PCB Trans-
443
§761.30
former or a lower secondary voltage
network PCB Transformer, located in a
sidewalk vault, from service.
(I) Retrofill and reclassify a lower
secondary voltage network PCB Trans-
former, located in a sidewalk vault, in
or near 2 commercial building within
18 months or by October 1, 1993, which-
ever is later. This is an option in lieu
of installing electrical protective
equipment or removing the trans-
former from service.
(J) Retrofill and reclassify a higher
secondary voltage network PCB Trans-
former, located in a sidewalk vault, in
or near a commercial building within
18 months or by October 1, 1990, which-
ever is later. This is an option in lieu
of other requirements.
(2) Servicing conditions. (1) Transform-
ers classified as PCB-Contaminated
Electrical Equipment (as defined in the
definition of "PCB-Contaminated Elec-
trical Equipment" under §761.3) may be
serviced (including rebuilding) only
with dielectric fluid containing less
than 500 ppm PCB.
(ii) Any servicing (including rebuild-
ing) of PCB Transformers (as defined in
the definition of "PCB Transformer"
under §761.3) that requires the removal
of the transformer coil from the trans-
former casing is prohibited. PCB
Transformers may be serviced (includ-
ing topping off) with dielectric fluid at
any PCB concentration.
(iii) PCBs removed during any servic-
ing activity must be captured and ei-
ther reused as dielectric fluid or dis-
posed of in accordance with the re-
quirements of § 761.60. PCBs from PCB
Transformers must not be mixed with
or added to dielectric fluid from PCB-
Contaminated Electrical Equipment.
(iv) Regardless of its PCB concentra-
tion, 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 dielectric fluid must
be considered to be greater than 500
ppm PCB and must be disposed of in an
incinerator that meets the require-
ments in § 761. 70.
(v) A PCB Transformer may be con-
verted to PCB-Contaminated Electrical
Equipment or to a non-PCB Trans-
former and a transformer that is classi-
40 CFR Ch. I (7-1-94 Edition)
fied 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 con-
tain less than 500 ppm PCB (for conver-
sion to PCB-Contaminated Electrical
Equipment) or less than 50 ppm PCB
(for conversion to a non-PCB Trans-
former) after a minimum of three
months of in-service use subsequent to
the last servicing conducted for the
purpose of reducing the PCB concentra-
tion in the transformer. In-service
means that the transformer is used
electrically under loaded conditions
that raise the temperature of the di-
electric fluid to at least 50" Centigrade.
The Director, Chemical Management
Division may grant, without further
rulemaking, approval for the use of al-
ternative methods that simulate the
loaded conditions of in-service use. All
PCBs removed from transformers for
purposes of reducing PCB concentra-
tions are subject to the disposal re-
quirements of§ 761.60.
(vi) Any dielectric fluid containing 50
ppm or greater PCB used for servicing
transformers must be stored in accord-
ance with the storage for disposal re-
quirements of §761.65.
(vii) Processing and distribution in
commerce of PCBs for purposes of serv-
icing transformers is permitted only
for persons who are granted an exemp-
tion under TSCA 6(e)(3)(B).
(b) Use in and servicing of railroad
transformers. PCBs may be used in
transformers in railroad locomotives or
railroad self-propelled cars ("railroad
transformers") and may be processed
and distributed in commerce for pur-
poses of servicing these transformers in
a manner other than a totally enclosed
manner subject to the following condi-
tions:
(1) Use restrictions. (i) After July 1,
1983, the number of railroad transform-
ers containing a PCB concentration
greater than 60,000 ppm (6.0 percent on
a dry weight basis) in use by any af-
fected railroad organization may not
exceed two-thirds of the total railroad
transformers containing PCBs in use
by that organization on January 1,
1982.
444
Environmental Protection Agency
(ii) After January 1, 1984, the number
of railroad transformers containing a
PCB concentration greater than 60,000
ppm in use by any affected railroad or-
ganization may not exceed one-third of
the total railroad transformers con-
taining PCBs in use by that organiza-
tion on January 1, 1982.
(iii) After July 1, 1984, use of railroad
transformers that contain dielectric
fluids with a PCB concentration great-
er 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 organi-
zation may not exceed two-thirds of
the total railroad transformers con-
taining PCBs in use by that organiza-
tion on July 1, 1984.
(v) After January 1, 1986, the number
of railroad transformers containing a
PCB concentration greater than 1,000
ppm in use by any affected railroad or-
ganization may not exceed one-third of
the total railroad transformers con-
taining PCBs in use by that organiza-
tion on July 1, 1984.
(vi) After July 1, 1986, use of railroad
transformers that contain dielectric
fluids with a PCB concentration great-
er than 1,000 ppm is prohibited.
(vii) The concentration of PCBs in
the dielectric fluid contained in rail-
road transformers must be measured:
(A) Immediately upon completion of
any authorized servicing of a railroad
transformer conducted for the purpose
of reducing the PCB concentration in
the dielectric fluid in the transformer,
and
(B) Between 12 and 24 months after
each servicing conducted in accordance
with paragraph (b)(l)(vii)(A) of this
section;
(C) The data obtained as a result of
paragraphs (b)(l)(vii)(A) and (B) of this
section shall be retained until January
1, 1991.
(2) Servicing restrictions. (i) If the coil
ls removed from the casing of a rail-
road transformer (e.g., the transformer
ls rebuilt), after January 1, 1982, the
railroad transformer may not be re-
filled with dielectric fluid containing a
PCB concentration greater than 50
PPm;
§76L30
(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 may only be serviced
with dielectric fluid containing less
than 1000 ppm PCB, except as provided
in paragraph (b)(2)(i) of this section;
(iv) Dielectric fluid may be filtered
through activated carbon or otherwise
industrially processed for the purpose
of reducing the PCB concentration in
the fluid;
(v) Any PCB dielectric fluid that is
used to service PCB railroad trans-
formers must be stored in accordance
with the storage for disposal require-
ments of §761.65;
(vi) After July 1, 1979, processing and
distribution in commerce of P CBs for
purposes of servicing railroad trans-
formers is permitted only for persons
who are granted an exemption under
TSCA section 6(e)(3)(B).
(vii) A PCB Transformer may be con-
verted to a PCB-Contaminated Trans-
former or to a non-PCB Transformer by
draining, refilling, and/or otherwise
servicing the railroad transformer. In
order to reclassify, the railroad trans-
former's dielectric fluid must contain
less than 500 ppm (for conversion to
PCB-Contaminated Transformer) or
less than 50 ppm PCB (for conversion to
a non-PCB Transformer) after a mini-
mum of three months of inservice use
subsequent to the last servicing con-
ducted for the purpose of reducing the
PCB concentration in the transformer.
(c) Use in and servicing of mining
equipment. PCBs may be used in mining
equipment and may be processed and
distributed in commerce for purposes
of servicing mining equipment in a
manner other than a totally enclosed
manner until January 1, 1982, subject
to the following conditions:
(1) PCBs may be added to motors in
mining equipment in mines or mining
areas until January 1, 1982;
(2) PCB motors in loader-type mining
equipment must be rebuilt as air-
cooled or other non-PCB-containing
motors whenever the motor is returned
to a service shop for servicing;
445
§761.30
(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
§ 761.65;
(5) After July 1, 1979, processing and
distribution in commerce of PCBs for
purposes of servicing mining equip-
ment is permitted only for persons who
are granted an exemption under TSCA
section 6(e)(3)(B).
(d) Use in heat transfer systems. After
July 1, 1984, intentionally manufac-
tured PCBs may be used in heat trans-
fer systems in a manner other than a
totally enclosed manner at a con-
centration level of less than 50 ppm
provided that the requirements of para-
graphs (d)(l) through (5) of this section
are met.
(1) Each person who owns a heat
transfer system that ever contained
PCBs at concentrations above 50 ppm
must test for the concentration of
PCBs in the heat transfer fluid of such
a system no later than November 1,
1979, and at least annually thereafter.
All test sampling must be performed at
least three months after the most re-
cent fluid refilling. When a test shows
that the PCB concentration is less
than 50 ppm, testing under this para-
graph is no longer required.
(2) Within six months of a test per-
formed under paragraph (d)(l) of this
section that indicates that a system's
fluid contains 50 ppm or greater PCB
(0.005% on a dry weight basis), the sys-
tem must be drained of the PCBs and
refilled with fluid containing less than
50 ppm PCB. Topping-off with heat
transfer fluids containing PCB con-
centrations of less than 50 ppm is per-
mitted.
(3) After November 1, 1979, no heat
transfer system that is used in the
manufacture or processing of any food,
drug, cosmetic or device, as defined in
section 201 of the Federal Food, Drug,
and Cosmetic Act, may contain trans-
fer fluid with 50 ppm or greater PCB
(0.005% on a dry weight basis).
(4) Addition of fluids containing PCB
concentrations greater than 50 ppm is
pro hi bi ted.
40 CFR Ch. I (7-1-94 Edition)
(5) Data obtained as a result of para-
graph (d)(l) of this section must be re-
tained for five years after the heat
transfer system reaches 50 ppm PCB.
(e) Use in hydraulic systems. After
July 1, 1984, intentionally manufac-
tured PCBs may be used in hydraulic
systems in a manner other than a to-
tally enclosed manner at a concentra-
tion level of less than 50 ppm provided
that the requirements in paragraphs
(e)(l) through (5) of this section are
met.
(1) Each person who owns a hydraulic
system that ever contained PCBs at
concentrations above 50 ppm must test
for the concentration of PCBs in the
hydraulic fluid of each system no later
than November 1, 1979, and at least an-
nually thereafter. All test sampling
must be performed at least three
months after the most recent fluid re-
filling. When a test shows that the PCB
concentration is less than 50 ppm, test-
ing under this paragraph is no longer
required.
(2) Within six months of a test under
paragraph (e)(l) of this section that in-
dicates that a system's fluid contains
50 ppm or greater PCB (0.005% on a dry
weight basis), the system must be
drained of the PCBs and refilled with
fluid containing less than 50 ppm PCB.
Topping-off with hydraulic fluids con-
taining PCB concentrations less than
50 ppm to reduce PCB concentrations is
permitted.
(3) Addition of PCBs at concentra-
tions of greater than 50 ppm is prohib-
ited.
(4) Hydraulic fluid may be drained
from a hydraulic system and fi1 tered,
distilled, or otherwise serviced in order
to reduce the PCB concentration below
50 ppm.
(5) Data obtained as a result of para-
graph (e)(l) of this section must be re-
tained for five years after the hydrau-
lic system reaches 50 ppm.
(f) Use in carbonless copy paper.
Carbonless copy paper containing PCBs
may be used in a manner other than a
totally enclosed manner indefinitely.
(g) Pigments. · Diarylide and
Phthalocyanin pigments that contain
50 ppm or greater PCB may be proc-
essed, distributed in commerce, and
used in a manner other than a totallY
enclosed manner until January 1, 1982,
446
Environmental Protection Agency
except that after July 1, 1979, process-
ing and distribution in commerce of
diarylide or phthalocyanin pigments
that contain 50 ppm or greater PCB is
permitted only for persons who are
granted an exemption under TSCA sec-
tion 6(e)(3)(B).
(h) Use in and servicing of electromag-
nets, switches and voltage regulators.
PCBs at any concentration may be
used in electromagnets, switches (in-
cluding sectionalizers and motor start-
ers), and voltage regulators and may be
used for purposes of servicing this
equipment (including rebuilding) for
the remainder of their useful lives, sub-
ject to the following conditions:
(1) Use conditions. (i) After October 1,
1985, the use and storage for reuse of
any electromagnet which poses an ex-
posure risk to food or feed is prohibited
if the electromagnet contains greater
than 500 ppm PCBs.
(ii) A visual inspection of each elec-
tromagnet subject to paragraph
(h)(l)(i) of this section, shall be per-
formed at least once every week ac-
cording to the conditions contained in
§ 761.30(a)(l) (iii) and (iv).
(2) Servicing conditions. (i) Servicing
(including rebuilding) any electro-
magnet, switch, or voltage regulator
with a PCB concentration of 500 ppm or
greater which requires the removal and
rework of the internal components is
prohibited.
(ii) Electromagnets, switches, and
voltage regulators classified as PCB-
Contaminated Electrical Equipment
(as defined in the definition of "PCB-
Contaminated Electrical Equipment"
under §761.3) may be serviced (includ-
ing rebuilding) only with dielectric
fluid containing less than 500 ppm PCB.
(iii) PCBs removed during any servic-
ing activity must be captured and ei-
ther 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 concentra-
tion, dielectric fluids containing less
than 500 ppm PCB that are mixed with
fluids that contain 500 ppm or greater
§ 761.30
PCB must not be used as dielectric
fluid in any electrical equipment. The
entire mixture of dielectric fluid must
be considered to be greater than 500
ppm PCB and must be disposed of in an
incinerator that meets the require-
ments of§ 761. 70.
(v) An electromagnet, switch or volt-
age regulator with a PCB concentra-
tion of at least 500 ppm may be con-
verted to PCB-Contaminated Electrical
Equipment or to a non-PCB classifica-
tion and PCB-Contaminated Electrical
Equipment may be reclassified to a
non-PCB classification by draining, re-
filling and/or otherwise servicing the
equipment. In order to be reclassified,
the equipment's dielectric fluid must
contain less than 500 ppm PCB (for con-
version to PCB-Contaminated Elec-
trical Equipment) or less than 50 ppm
PCB (for conversion to a non-PCB clas-
sification) after a minimum of three
months of in-service use subsequent to
the last servicing conducted for the
purpose of reducing the PCB concentra-
tion in the equipment. In-service use
means the equipment is used elec-
trically under loaded conditions. The
Assistant Administrator may grant,
without further rulemaking, approval
for the use of alternative methods that
simulate the loaded conditions of in-
service use. All PCBs removed from
this equipment for purposes of reducing
PCB concentrations are subject to the
disposal requirements of §761.60.
(vi) Any dielectric fluid containing 50
ppm or greater PCB used for servicing
electromagnets, switches, or voltage
regulators must be stored in accord-
ance with the storage for disposal re-
quirements of§ 761.65.
(vii) Processing and distribution in
commerce of PCBs for purposes of serv-
icing electromagnets, switches or volt-
age regulators is permitted only for
persons who are granted an exemption
under TSCA 6(e)(3)(B).
(i) Use in compressors and in the liquid
of natural gas pipelines. PCBs may be
used indefinitely in the compressors
and in the liquids of natural gas pipe-
lines at a concentration level of less
than 50 ppm provided that they are
marked in accordance with §761.45(a).
(j) Small quantities for research and de-
velopment. PCBs may be used in small
quantities for research and develop-
447
§761.40
ment, as defined in § 761.3, in a manner
other than a totally enclosed manner,
indefinitely. Manufacture, processing,
and distribution in commerce of PCBs
in small quantities for research and de-
velopment is permitted only for per-
sons who have been granted an exemp-
tion under TSCA section 6(e)(3)(B).
(k) Microscopy mounting medium.
PCBs may be used as a permanent mi-
croscopic mounting medium in a man-
ner other than a totally enclosed man-
ner indefinitely. Manufacture, process-
ing, and distribution in commerce of
PCBs for purposes of use as a mounting
medium are permitted only for persons
who are granted an exemption under
TSCA section 6(e)(3)(B).
(1) Use in capacitors. PCBs at any con-
centration may be used in capacitors,
subject to the following conditions:
(1) Use conditions. (i) After October 1,
1988, the use and storage for reuse of
PCB Large High Voltage Capacitors
and PCB Large Low Voltage Capacitors
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 Capacitors
is prohibited unless the capacitor is
used within a restricted-access elec-
trical substation or in a contained and
restricted-access indoor installation. A
restricted-access electrical substation
is an outdoor, fenced or walled-in facil-
ity that restricts public access and is
used in the transmission or distribu-
tion of electric power. A contained and
restricted-access indoor installation
does not have public access and has an
adequate roof, walls, and floor to con-
tain any release of PCBs within the in-
door location.
(2) [Reserved]
(m) Use in and servicing of circuit
breakers, reclosers and cable. PCBs at
any concentration may be used in cir-
cuit breakers, reclosers, and cable and
may be used for purposes of servicing
this electrical equipment (including re-
building) for the remainder of their
useful lives, subject to the following
conditions:
(1) Servicing conditions. (i) Circuit
breakers, reclosers, and cable may be
serviced (including rebuilding) only
with dielectric fluid containing less
than 50 ppm PCB.
40 CFR Ch. I (7-1-94 Edition)
(ii) Any circuit breaker, recloser or
cable found to contain at least 50 ppm
PCBs may be serviced only in accord-
ance with the conditions contained in
40 CFR 761.30(h)(2).
(2) [Reserved]
(n) Microscopy immersion oil. PCBs
ma y be used as an immersion oil in flu-
orescence microscopy, in a manner
other than a totally enclosed manner
indefinitely. Manufacture, processing,
and distribution in commerce of PCBs
for purposes of use as a low fluores-
cence immersion oil are permitted only
for persons who are granted an exemp-
tion under TSCA section 6(e)(3)(B).
(o) Optical liquids. PCBs may be used
as optical liquids in a manner other
than a totally enclosed manner indefi-
nitely. Manufacture, processing, and
distribution in commerce of PCBs for
purposes of use as optical liquids are
permitted only for persons who are
granted an exemption under TSCA sec-
tion 6(e)(3)(B).
(p) Analytical reference samples. PCB's
in analytical reference samples derived
from waste materials may be used only
when the samples originated from a
person who has been granted an exemp-
tion to process and distribute in com-
merce such samples under TSCA sec-
tion 6(e)(3)(B). Once the use of such
samples is completed, disposal of such
samples is governed by all applicable
Federal, State, and local laws, includ-
ing the rules contained in this part.
(Sec. 6, Pub. L. 94--469, 90 Stat. 2020, 2025 (15
u.s.c. 2605)
(44 FR 31542, May 31, 1979. Redeslgnated at 47
FR 19527, May 6, 1982, and amended at 47 FR
37357, Aug. 25, 1983; 48 FR 135, Jan. 3, 1983; 49
FR 25241 and 25242, June 20, 1984; 49 FR 28190,
and 28202, July 10, 1984; 50 FR 29199, July 17,
1985; 53 FR 12524, Apr. 15, 1988; 53 FR 24221,
June 27, 1988; 53 FR 27328, July 19, 1988; 54 FR
28419, July 6, 1989; 55 FR 45804, Oct. 31, 1990;
55 FR 49045, Nov. 26, 1990; 58 FR 15809, Mar.
24, 1993; 58 FR 34205, June 23, 1993; 59 FR
16998, Apr. 11, 1994)
Subpart C-Marking of PCBs and
PCB Items
§ 761.40 Marking requirements.
(a) Each of the following items in ex-
istence on or after July 1, 1978 shall be
marked as illustrated in Figure 1 In
§761.45(a): The mark illustrated in Fir-
448
Environmental Protection Agency
ure 1 is referred to as ML throughout
this subpart.
(1) PCB Containers;
(2) PCB Transformers at the time of
manufacture, at the time of distribu-
tion in commerce if not already
marked, and at the time of removal
from use if not already marked. [Mark-
ing of PCB-Contaminated Electrical
Equipment is not required];
(3) PCB Large High Voltage Capaci-
tors at the time of manufacture, at the
time of distribution in commerce if not
already marked, and at the time of re-
moval from use if not already marked;
(4) Equipment containing a PCB
Transformer or a PCB Large High Volt-
age Capacitor at the time of manufac-
ture, at the time of distribution in
commerce if not already marked, and
at the time of removal of the equip-
ment from use if not already marked;
(5) PCB Large Low Voltage Capaci-
tors at the time of removal from use;
(6) Electric motors using PCB cool-
ants (See also paragraph (e) of this sec-
tion).
(7) Hydraulic systems using PCB hy-
draulic fluid (See also paragraph (e) of
this section);
(8) Heat transfer systems (other than
PCB Transformers) using PCBs (See
also paragraph (e) of this section);
(9) PCB Article Containers contain-
ing articles or equipment that must be
marked under paragraphs (a) (1)
through (8) of this section;
(10) Each storage area used to 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 ML as described in
§761.45(a) if it is loaded with PCB Con-
tainers that contain more than 45 kg
(99.4 lbs.) of PCBs in the liquid phase or
with one or more PCB Transformers
(See also paragraph (e) of this section).
(c) As of January 1, 1979, the follow-
ing PCB Articles shall be marked with
mark ML as described in §761.45(a):
(1) All PCB Transformers not marked
under paragraph (a) of this section
[marking of PCB-Contaminated Elec-
trical Equipment is not required];
(2) All PCB Large High Voltage Ca-
Pacitors not marked under paragraph
(a) of this section
(i) Will be marked individually with
mark ML, or
§761.40
(ii) If one or more PCB Large High
Voltage Capacitors are installed in a
protected location such as on a power
pole, or structure, or behind a fence;
the pole, structure, or fence shall be
marked with mark ML, 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 Ca-
pacitor shall be marked at the time of
manufacture with the statemen t , "This
equipment contains PCB Capacitor(s)".
The mark shall be of the same size as
the mark ML.
(e) As of October 1, 1979, applicable
PCB Items in paragraphs (a) (1), (6), (7),
and (8) of this section containing PCBs
in concentrations of 50 to 500 ppm and
applicable transport vehicles in para-
graph (b) of this section 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 ML as de-
scribed in §761.45(a).
(f) Where mark ML is specified but
the PCB Article or PCB Equipment is
too small to accomodate the smallest
permissible size of mark ML, mark Ms
as described in §761.45(b), may be used
instead of mark ML.
(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 man-
ufacturer at the time of manufacture
with the statement, "No PCBs". The
mark shall be of similar durability and
readability as other marking that indi-
cate electrical information, part num-
bers, or the manufacturer's name. For
purposes of this paragraph marking re-
quirement 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 trans-
port vehicles so that the marks can be
easily read by any persons inspecting
or servicing the marked PCB Items or
transport vehicles.
449
§761.45
(i) Any chemical substance or mix-
ture that is manufact ured after the ef-
fective date of this rule and that con-
tains less than 500 ppm PCB (0.05% on
a dry weight basis), including PCB that
is a byproduct or impurity, must be
marked in accordance with any re-
quirements contained in the exemption
granted by EPA to permit such manu-
facture and is not subject to any other
requirement in this subpart unless so
specified in the exemption. This para-
graph applies only to containers of
chemical substances or mixtures. PCB
articles and equipment into which the
chemical substances or mixtures are
processed, are subject to the marking
requirements contained elsewhere in
this subpart.
(j) PCB Transformer locations shall
be marked as follows:
(1) Except as provided in paragraph
(j)(2) of this section, as of December 1,
1985, the vault door, machinery room
door, fence, hallway, or means of ac-
cess, other than grates and manhole
covers, to a PCB Transformer must be
marked with the mark ML as required
by paragraph (a) of this section.
(2) A mark other than the ML mark
may be used provided all of the follow-
ing conditions are met:
(i) The program using such an alter-
native mark was initiated prior to Au-
gust 15, 1985, and can be substantiated
with documentation.
(ii) Prior to August 15, 1985, coordina-
tion between the transformer owner
and the primary fire department oc-
curred, and the primary fire depart-
ment knows, accepts, and recognizes
what the alternative mark means, and
that this can be substantiated with
documentation.
(iii) The EPA Regional Adminis-
trator in the appropriate region is in-
formed in writing of the use of the al-
ternative mark by October 3, 1988 and
is provided with documentation that
the program began before August 15,
1985, and documentation that dem-
onstrates that prior to that date the
primary fire department knew, accept-
ed and recognized the meaning of the
40 CFR Ch. I (7-1-94 Edition)
mark, and included this information in
firefighting training.
(iv) The Regional Administrator will
either approve or disapprove in writing
the use of an alternative mark within
30 days of receipt of the documentation
of a program.
(3) Any mark placed in accordance
with the requirements of this section
must be placed in the locations de-
scribed in paragraph (j)(l) of this sec-
tion and in a manner that can be easily
read by emergency response personnel
fighting a fire involving this equip-
ment.
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 47 FR
37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985;
50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15,
1988; 53 FR 27329, July 19, 1988]
§ 761.45 Marking formats.
The following formats shall be used
for marking:
(a) Large PCB Mark-ML. Mark ML
shall be as shown in Figure 1, letters
and striping on a white or yellow back-
ground and shall be sufficiently dura-
ble to equal or exceed the life (includ-
ing storage for disposal) of the PCB Ar-
ticle, PCB Equipment, or PCB Con-
tainer. The size of the mark shall be at
least 15.25 cm (6 inches) on each side. If
the PCB Article or PCB Equipment is
too small to accommodate this size,
the mark may be reduced in size pro-
portionately down to a minimum of 5
cm (2 inches) on each side.
(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 exceed the life (includ-
ing storage for disposal) of the PCB Ar-
ticle, PCB Equipment, or PCB Con-
tainer. The mark shall be a rectangle
2.5 by 5 cm (1 inch by 2 inches). If the
PCB Article or PCB Equipment is too
small to accommodate this size, the
mark may be reduced in size propor-
tionately down to a minimum of 1 by 2
cm (.4 by .8 inches).
450
Environmental Protection Agency
,~ ........... .,..,, ................. .._...~ ..... ,
I CAUTION COHT-.S PCBs ' I (Polychlorinated Biphenyli, ' I FOR PROPER DISPOSAL INfO~MA l10N '
Iii CONTACT US ENVIRONMENTAL ' I PROHCTION AGENCY '
~ ............. 1111.,;-.-.. ..... ,... ........................ ...
Figure 2
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982]
Subpart 0-Storage and Disposal
NOTE: This subpart does not require re-
moval of PCBs and PCB Items from service
and disposal earlier than would normally be
the case. However, when PCBs and PCB
Items are removed from service and disposed
of, disposal must be undertaken in accord-
ance with these regulations. PCBs (including
soils and debris) and PCB Items which have
been placed in a disposal site are considered
to be "in service" for purposes of the appli-
cability of this subpart. This subpart does
not require PCBs and PCB Items landfilled
prior to February 17, 1978 to be removed for
disposal. However, if such PCBs or PCB
Items are removed from the disposal site,
they must be disposed of in accordance with
this subpart. Other subparts are directed to
the manufacture, processing, distribution in
commerce, and use of PCBs and may result
In some cases in disposal at an earlier date
than would otherwise occur.
§761.60
§ 761.60 Disposal requirements.
t,f)PCBs. (1) Except as provided in
paragraphs (a)(2), (3), (4), and (5) of this
section, PCBs at concentrations of 50
ppm or greater must be disposed of in
an incinerator which complies with
§71 70. Mineral oil dielectric fluid from
P B-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
following:
(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. 75(b )(B)(iii);
(iii) In a high efficiency boiler pro-
vided that:
-z,/A) The boiler complies with the fol-
lowing criteria:
(1) The boiler is rated at a minimum
of 50 million BTU hours;
(2) If the boiler uses natural gas or
oil as the primary fuel, the carbon
monoxide concentration in the stack is
50 ppm or less and the excess oxygen is
at least three (3) percent when PCBs
are being burned;
(3) If the boiler uses coal as the pri-
mary fuel, the carbon monoxide con-
centration in the stack is 100 ppm or
less and the excess oxygen is at least
three (3) percent when PCBs are being
burned;
(4) The mineral oil dielectric fluid
does not comprise more than ten (10)
percent (on a volume basis) of the total
fuel feed rate;
(5) The mineral oil dielectric fluid is
not fed into the boiler unless the boiler
is operating at its normal operating
temperature (this prohibits feeding
these fluids during either start up or
shut down operations);
(6) The owner or operator of the boil-
er:
(i) Continuously monitors and
records the carbon monoxide con-
centration and excess oxygen percent-
age in the stack gas while burning min-
eral oil dielectric fluid; or
451
§ 761.60
(ii) If the boiler will burn less than
30,000 gallons of mineral oil dielectric
fluid per year, measures and records
the carbon monoxide concentration
and excess oxygen percentage in the
stack gas at regular intervals of no
longer than 60 minutes while burning
mineral oil dielectric fluid.
(7) The primary fuel feed rates, min-
eral oil dielectric fluid feed rates, and
total quantities of both primary 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.
(8) 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 imme-
diately.
')/(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:
(J) 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;
(3) 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 man-
ner in which it will be operated when
mineral oil dielectric fluid is burned;
and
(4) The type of equipment, apparatus,
and procedures to be used to control
the feed of mineral oil dielectric fluid
to the boiler and to monitor and record
the carbon monoxide concentration
and excess oxygen percentage in the
stack.
I) )C) When burning mineral oil dielec-
t'ric fluid, the boiler must operate at a
level of output no less than the output
at which the measurements required
under paragraph (a)(2)(iii)(B)(3) of this
section were taken.
1/tD) Any person burning mineral oil
dielectric fluid in a boiler obtains the
40 CFR Ch. I (7-1-94 Edition)
following information and retains the
information for five years at the boiler
location:
(J) The data required to be collected
under paragraphs (a)(2)(A) (6) and (7) of
this section; and
(2) The quantity of mineral oil dielec-
tric fluid burned in the boiler each
month;
(iv) In a facility that is approved in
accordance with §761.60(e). For the pur-
pose of burning mineral oil dielectric
fluid, an applicant under § 761.60(e)
must show that his combustion process
destroys PCBs as efficiently as does a
high efficiency boiler, as defined in
paragraph (a)(2)(iii) of this section, or a
§7~70 approved incinerator.
3 Liquids, other than mineral oil di-
el ric 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;
(ii) In a chemical waste landfill
which complies with §761.75 if informa-
tion is provided to the owner or opera-
tor of the chemical waste landfill that
shows that the waste does not exceed
500 ppm PCB and is not an ignitable
waste as described in §761.75(b)(8)(iii);
(iii) In a high efficiency boiler pro-
vided that. "> (A) The boiler complies with the fol-
lowing criteria:
(J) 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;
(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 waste does not comprise more
than ten (10) percent (on a volume
basis) of the total fuel feed rate;
(5) The waste is not fed into the boil-
er unless the boiler is operating at its
normal operating temperature (this
prohibits feeding these fluids during ei-
ther start up or shut down operations);
(6) The owner or operator of the boil-
er must:
452
Environmental Protection Agency
(i) Continuously monitor and record
the carbon monoxide concentration
and excess oxygen percentage in the
stack gas while burning waste fluid; or
(ii) 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 oxygen percentage
must be checked at least once every
hour that the waste is burned. If either
measurement falls below the levels
specified in this rule, the flow of waste
to the boiler shall be stopped imme-
diately.
, (B) Prior to any person burning these
liquids in the boiler, approval must be
obtained from the EPA Regional Ad-
ministrator for the EPA Region in
which the boiler is located and any per-
sons seeking such approval must sub-
mit to the EPA Regional Adminis-
trator a request containing at least the
following information:
(1) 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;
(3) 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 man-
ner in which it will be operated when
low concentration PCB liquid is
burned;
(4) The type of equipment, apparatus,
and procedures to be used to control
the feed of mineral oil dielectric fluid
to the boiler and to monitor and record
the carbon monoxide concentration
and excess oxygen percentage in the
stack; .
(5) The type of waste to be burned
~~-g., . hydraulic fluid, contaminated.
'"el 011, heat transfer fluid, etc.);
(6) The concentration of PCBs and of
any other chlorinated hydrocarbon in
§ 761.60
the waste and the results of analyses
using the American Society of Testing
and Materials (ASTM) methods as fol-
lows: Carbon and hydrogen content
using ASTM D-3178--84, nitrogen con-
tent using ASTM E-258-67 (Reapproved
1987), sulfur content using ASTM D-
2784-89, D-1266-87, or D-129-64, chlorine
content using ASTM D-B0S-87, water
and sediment content using either
ASTM D-2709--88 or ASTM D-1796-83
(Reapproved 1990), ash content using D-
482-87, calorific value using ASTM D-
240-87, carbon residue using either
ASTM D-2158--89 or D-524-88, and flash
point using ASTM D-93--90.
(7) The quantity of wastes estimated
to be burned in a thirty (30) day period;
(8) An explanation of the procedures
to be followed to insure that burning
the waste will not adversely affect the
operation of the boiler such that com-
bustion efficiency will decrease. 1 (C) On the basis of the information in
paragraph (a)(3)(iii)(B) of this section
and any other available information,
the Regional Administrator may, at
his discretion, find that the alternate
disposal method will not present an un-
reasonable risk of injury to health or
the environment and approve the use of
the boiler;
; (D) When burning PCB wastes, the
boiler must operate at a level of output
no less than the output at which the
measurements required under para-
graph (a)(3)(iii)(B)(3) of this section
were taken; and
1 (E) Any person burning liquids in
boilers approved as provided in para-
graph (a)(3)(iii)(C) of this section, must
obtain the following information and
retain the information for five years at
the boiler location:
(1) The data required to be collected
in paragraphs (a)(3)(iii)(A) (6) and (7) of
this section;
(2) The quantity of low concentration
PCB liquid burned in the boiler each
month.
(3) The analysis of the waste required
by paragraph (a)(3)(iii)(B)(6) of this sec-
tion taken once a month for each
month during which low concentration
PCB liquid is burned in the boiler.
(iv) In a facility that is approved in
accordance with §761.60(e). For the pur-
pose of burning liquids, other than
mineral oil dielectric fluid, containing
453
§ 761.60
50 ppm or greater PCB, but less than
500 ppm PCB, 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 § 761.60(a)(2)(iii), or a
§ 7g. 70 incinerator.
( ~ ~ Any non-liquid PCBs at con-
\ -i entrations of 50 ppm or greater 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.
N OTE: Except as provided in
§ 761.75(b)(8)(ii), liquid PCBs shall not be
processed int o non-liquid forms to cir-
cumvent the high temperature incineration
requirements of§ 761.60(a).
~ (5) All dredged materials and munici-
pal sewage treatment sludges that con-
tain PCBs at concentrations of 50 ppm
or greater shall be disposed of:
(i) In an incinerator which complies
with §761.70,
(ii) In a chemical waste landfill
w~~ complies with §761.75; or V 'W,»i Upon application, using a dis-
posal method to be approved by the
Agency's Regional Administrator in
the EPA Region in which the PCBs are
located. Applications for disposal in a
manner other than prescribed in para-
graph (a)(5) (i) or (ii) of this section
must be made in writing to the Re-
gional Administrator. The application
must contain information that, based
on technical, environmental, and eco-
nomic considerations, indicates that
disposal in an incinerator or chemical
waste landfill is not reasonable and ap-
propriate, and that the alternate dis-
posal method will provide adequate
protection to health and the environ-
ment. The Regional Administrator
may request other information that he
or she believes to be necessary for eval-
uation of the alternate disposal meth-
od. Any approval by the Regional Ad-
ministrator shall be in writing and
may contain any appropriate limita-
tions on the approved alternate method
for disposal. In addition to these regu-
lations, the Regional Administrator
shall consider other applicable Agency
guidelines, criteria, and regulations to
ensure that the discharges of dredged
material and sludges that contain
40 CFR Ch. I (7-1-94 Edition)
PCBs and other contaminants are ade-
quately controlled to protect the envi-
ronment. The person to whom such ap-
proval is issued must comply with all
limitations contained in the approval.
~ When storage is desired prior to
aisposal, PCBs at concentrations of 50
ppm or greater shall be stored in a fa-
cility which complies with §761.65.
.L.02)_J'CB Articles-(!) Transformers. (i )
~ransformers shall be disposed of
in accordance with either of the follow-
ing:
(A) In an incinerator that complies
with §761.70; or
(B) In a chemical waste landfill
which complies with §761.75; Provided,
That the transformer is first drained of
all free flowing liquid, filled with sol-
vent, allowed to stand for at least 18
hours, and then drained thoroughly.
PCB liquids that are removed shall be
disposed of in accordance with para-
graph (a) of this section. Solvents may
include kerosene, xylene, toluene and
other solvents in which PCBs are read-
ily soluble. Precautionary measures
should be taken, however, that the sol-
vent flushing procedure is conducted in
accordance with applicable safety and
health standards as required by Fed-
eral or State regulations.
(ii) [Reserved]
(2) PCB Capacitors. (i) The disposal of
any capacitor shall comply with all re-
quirements of this subpart unless it is
known from label or nameplate infor-
mation, manufacturer's literature (in-
cluding documented communications
with the manufacturer), or chemical
analysis that the capacitor does not
contain PCBs.
(ii) Any person may dispose of PCB
Small Capacitors as municipal solid
waste, unless that persori is subject to
the requirements of paragraph (b)(2)(iv)
of this section.
(iii) Any PCB Large High or Low
Voltage Capacitor which contains 500
ppm or greater PCBs, owned by anY
person, shall be disposed of in accord-
ance with either of the following:
(A) Disposal in an incinerator that
complies with §761.70; or
(B) Until March 1, 1981, disposal in a
chemical waste landfill that complies
with §761.75.
(iv) Any PCB Small Capacitor owned
by any person who manufactures or at
454
Environmental Protection Agency
any time manufactured PCB Capaci-
tors or PCB Equipment and acquired
the PCB Capacitors 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 1, 1981, disposal in a
chemical waste landfill which complies
with §761.75.
(v) Notwithstanding the restrictions
imposed by paragraph (b)(2)(iii)(B) or
(b)(2)(iv)(B) of this section, PCB capaci-
tors may be disposed of in PCB chemi-
cal waste landfills that comply with
§761.75 subsequent to March 1, 1981, if
the Assistant Administrator for Pre-
vention, Pesticides and Toxic Sub-
stances publishes a notice in the FED-
ERAL REGISTER declaring that those
landfills are available for such disposal
and explaining the reasons for the ex-
tension or reopening. An extension or
reopening for disposal of PCB capaci-
tors that is granted under this sub-
section shall be subject to such terms
and conditions as the Assistant Admin-
istrator may prescribe and shall be in
effect for such period as the Assistant
Administrator may prescribe. The As-
sistant Administrator may permit dis-
posal of PCB capacitors in EPA ap-
proved chemical waste landfills after
March 1, 1981, if in his opinion,
(A) Adequate incineration capability
for PCB capacitors is not available, or
(B) The incineration of PCB capaci-
tors will significantly interfere with
the incineration of liquid PCBs, or
(C) There is other good cause shown.
As part of this evaluation, the Assist-
ant Administrator will consider the
impact of his action on the incentives
to construct or expand PCB inciner-
ators.
(vi) Prior to disposal in a § 761. 75
chemical waste landfill, all larg·e PCB
capacitors, and all small PCB capaci-
tors described in paragraph (b)(2)(iv) of
this section, shall be placed in one of
the Department of Transportation
specification containers identified in
§761.65(c)(6) or in containers that com-
ply with 49 CFR 178.118 (specification
17H containers). Large PCB capacitors
Which are too big to fit inside one of
these containers shall be placed in a
container with strength and durability
§ 761.60
equivalent to the DOT specification
containers. In all cases, interstitial
space in the container shall be filled
with sufficient absorbent material
(such as sawdust or soil) to absorb any
liquid PCBs remaining in the capaci-
tors.
(3) PCB hydraulic machines. PCB hy-
draulic machines containing PCBs at
concentrations of 50 ppm or greater -·
such as die casting machines may be
disposed of as municipal solid waste or
salvage pro\·ided that the machines are
drained of all free-flowing liquid and
the liquid is disposed of in accordance
with the provisions of paragraph (a) of
this section. If the PCB liquid contains
1000 ppm PCB or greater, then the hy-
draulic machine must be flushed prior
to disposal with a solvent containing
less than 50 ppm PCB under trans-
former solvents at paragraph
(b)(l )(i)(B) of this section and the sol-
vent disposed of in accordance with
paragraph (a) of this section.
(4) PCB-Contaminated Electrical Equip-
ment. All PCB-Contaminated Electrical
Equipment except capacitors shall be
disposed of by draining all free flowing
liquid from the electrical equipment
and disposing of the liquid in accord-
ance with paragraph (a)(2) or (3) of this
section. T'ne disposal of the drained
electrical equipment is not regulated
by this rule. Capacitors that contain
between 50 and 500 ppm PCBs shall be
disposed of in an incinerator that com-
plies with §761.70 or in a chemical
waste landfill that complies with
§761.75.
(5) Other PCB Articles. (i) PCB articles
with concentrations at 500 ppm or
greater must be disposed of:
(A) In an incinerator that complies
with § 761. 70; or
(B) In a chemical waste landfill that
complies with § 761. 75, provided that all
free-flowing liquid PCBs have been
thoroughly drained from any articles
before the articles are placed in the
chemical waste landfill and that the
drained liquids are disposed of in an in-
cinerator that complies with §761.70.
(ii) PCB Articles with a PCB con-
centration 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.
455
§ 761.60
The disposal of the drained article is
not regulated by this rule.
\V~storage of PCB Articles. Except for
a PCB Article described in paragraph
(b)(2)(ii) of this section and hydraulic
machines that comply with the munici-
pal solid waste disposal provisions de-
scribed in paragraph (b)(3) of this sec-
tion, any PCB Article, with PCB con-
centrations at 50 ppm or greater, shall
be stored in accordance with § 761.65
prior to disposal.
__..(c) PCB Containers. (1) Unless decon-
taminated in compliance with §761.79
or as provided in paragraph (c)(2) of
this section, a PCB container with PCB
concentrations at 500 ppm or greater
shall be disposed of:
(i) 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 (a) of this sec-
tion.
(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; provided 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 ac-
cordance with paragraph (a) of this sec-
tion.
(3) Prior to disposal, a PCB container
with PCB concentrations at 50 ppm or
greater shall be stored in a facility
which complies with §761.65.
~ (d) Spills. (1) Spills and other uncon-
trolled discharges of PCBs at con-
centrations of 50 ppm or greater con-
stitute the disposal of PCBs.
(2) PCBs resulting from the clean-up
and removal of spills, leaks, or other
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 liabil-
ity under other statutory authorities,
including but not limited to the Clean
Water Act, the Resource Conservation
and Recovery Act, and the Comprehen-
sive Environmental Response, Com-
pensation, and Liability Act of 1980.
-(e) Any person who is required to in-
cinerate any PCBs and PCB Items
40 CFR Ch. I (7-1-94 Edition)
under this subpart and who can dem-
onstrate that an alternative method of
destroying PCBs and PCB Items exists
and that this alternative method can
achieve a level of performance equiva-
lent to § 761. 70 incinerators or high effi-
ciency boilers as provided in para-
graphs (a)(2)(iv) and (a)(3)(iv) of this
section, may submit a written request
to either the Regional Administrator
or the Director, Chemical Management
Division for an exemption from the in-
cineration requirements of §761.70 or
§761.60. Requests for approval of alter-
nate methods that will be operated in
more than one region must be submit-
ted to the Director, Chemical Manage-
ment Division except for research and
development involving less than 500
ds of PCB material (see paragraph
f this section). Requests for ap-
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 information
and any available information, the Re-
gional Administrator or the Director,
Chemical Management Division may,
in his discretion, approve the use of the
alternate method if he finds that the
alternate disposal method provides
PCB destruction 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 provi-
sions as the Regional Administrator or
Director, Chemical Management Divi-
sion deems appropriate. The person to
whom such waiver is issued must com-
ply with all limitations contained in
such determination.
(0(1) Each operator of a chemical
waste landfill, incinerator, or alter-
native to incineration approved under
paragraph (e) of this section shall give
the following written notices to the
state and local governments within
whose jurisdiction the disposal facility
is located:
(i) Notice at least thirty (30) days be-
fore a facility is first used for disposal
456
Environmental Protection Agency
of PCBs required by these regulations;
and
(ii) 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 more
than thirty (30) days after the end of
the year covered.
(iii) The Regional Administrator may
reduce the notice period required by
paragraph (f)(l)(i) of this section from
thirty days to a period of no less than
five days in order to expedite interim
approval of the chemical waste landfill
located in Sedgwick County, Kansas.
(2) Any person who disposes of PCBs
under a paragraph (a)(5)(iii) of this sec-
tion incineration or chemical waste
landfilling waiver shall 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.
(g) Testing procedures. (1) Owners or
users of mineral oil dielectric fluid
electrical equipment may use the fol-
lowing procedures to determine the
concentration of PCBs in the dielectric
fluid:
(i) Dielectric fluid removed from
mineral oil dielectric fluid electrical
equipment may be collected in a com-
mon container, provided that no other
chemical substances or mixtures are
added to the container. This common
container option does not permit dilu-
tion 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 known or as-
sumed to contain less than 50 ppm
PCBs to reduce the concentration of
PCBs in the common container. If di-
electric fluid from untested, oil-filled
circuit breakers, reclosers, or cable is
collected in a common container with
dielectric fluid from other oil-filled
electrical equipment, the entire con-
tent s 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 complying with
the marking and disposal require-
ments, representative samples may be
§ 761.60
taken from either the common con-
tainers or the individual electrical
equipment to determine the PCB con-
centration, except that if any PCBs at
a concentration of 500 ppm or greater
have 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 sub-
part. For purposes of this subpara-
graph, representative samples of min-
eral oil dielectric fluid are either sam-
ples taken in accordance with ASTM D
923-86 or ASTM D 923--89 or samples
taken from a container that has been
thoroughly mixed in a manner such
that any PCBs in the container are
uniformly distributed throughout the
liquid in the container.
(2) Owners or users of waste oil may
use the following procedures to deter-
mine the PCB concentration of waste
oil:
(i) Waste oil from more than one
source may be collected in a common
container, provided that no other
chemical substances or mixtures, such
as non-waste oils, are added to the con-
tainer.
(ii) For purposes of complying with
the marking and disposal require-
ments, representative samples may be
taken from either the common con-
tainers or the individual electrical
equipment to determine the PCB con-
centration. Except, That if any PCBs at
a concentration of 500 ppm or greater
have 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 sub-
part. For purposes of this paragraph,
representative samples of mineral oil
dielectric fluid are either samples
taken in accordance with ASTM D 923--
86 or ASTM D 923--89 or samples taken
from a container that has been thor-
oughly mixed in a manner such that
any PCBs in the container are uni-
formly distributed throughout the liq-
uid in the container.
(h) Requirements for export and im-
port of PCBs for purposes of disposal
and PCB Items for purposes of disposal
are found in § 761.20.
457
§ 761.65
(i) Approval authority for disposal
methods. (1) The officials (the Director,
Chemical Management Division and
the Regional Administrators) des-
ignated in §§761.60(e) and 761.70(a) and
(b) to receive requests for approval of
PCB disposal activities are the primary
approval authorities for these activi-
ties. Notwithstanding, the Director,
Chemical Management Division may,
at his/her discretion, assign the author-
ity to review and approve any aspect of
a disposal system to the Office of Pre-
vention, Pesticides and Toxic Sub-
stances or to a Regional Adminis-
trator.
(2) Except for activity authorized
under §761.30(j), research and develop-
ment (R and D) into PCB disposal
methods using a total of less than 500
pounds of PCB material (regardless of
PCB concentration) will be reviewed
and approved by the appropriate EPA
Regional Administrator and research
and development using 500 pounds or
more of PCB material (regardless of
PCB concentration) will be reviewed by
the approval authorities set out in
§§761.60(e) and 761.70(a) and (b).
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979, as amended at 44
FR 54297, Sept. 19, 1979; 45 FR 20475, Mar. 28,
1980. Redesignated at 47 FR 19527, May 6,
1982, and amended at 47 FR 37359, Aug. 25,
1982; 48 FR 5730, Feb. 8, 1983; 48 FR 13185, Mar.
30, 1983; 48 FR 15125, Apr. 7, 1983; 49 FR 28191,
July 10, 1984; 49 FR 36648, Sept. 19, 1984; 53 FR
10391, Mar. 31, 1988; 53 FR 12524, Apr. 15, 1988;
53 FR 21641, June 9, 1988; 54 FR 22595, May 25,
1989; 57 FR 13323, Apr. 16, 1992; 58 FR 15809,
Mar. 24, 1993]
t,1'§ 761.65 Storage for disposal.
This section applies to the storage
for disposal of PCBs at concentrations
of 50 ppm or greater and PCB Items
with PCB concentrations of 50 ppm or
greater.
(a) Any PCB Article or PCB Con-
tainer stored for disposal before Janu-
ary 1, 1983, shall be removed from stor-
age and disposed of as required by this
part before January 1, 1984. Any PCB
Article or PCB Container stored for
disposal after January 1, 1983, shall be
removed from storage and disposed of
as required by subpart D of this part
within one year from the date when it
was first placed into storage.
40 CFR Ch. I (7-1-94 Edition)
(b) Except as provided in paragraph
(c) of this section, after July 1, 1978,
owners or operators of any facilities
used for the storage of PCBs and PCB
Items designated for disposal shall
comply with the following require-
ments:
(1) The facilities shall meet the fol-
lowing criteria:
(i) Adequate roof and walls to pre-
vent rain water from reaching the
stored PCBs and PCB Items;
(ii) An adequate floor which has con-
tinuous curbing with a minimum six
inch high curb. The floor and curbing
must provide a containment volume
equal to at least two times the internal
volume of the largest PCB Article or
PCB Container stored therein or 25 per-
cent of the total internal volume of all
PCB Articles or PCB Containers stored
therein, whichever is greater;
(iii) No drain valves, floor drains, ex-
pansion joints, sewer lines, or other
openings that would permit liquids to
flow from the curbed area;
(iv) Floors and curbing constructed
of continuous smooth and impervious
materials, such as Portland cement
concrete or steel, to prevent or mini-
mize penetration of PCBs; and
(v) Not located at a site that is below
the 100-year flood water elevation.
(2) [Reserved]
(c)(l) The following PCB Items may
be stored temporarily in an area that
does not comply with the requirements
of paragraph (b) of this section for up
to thirty days from the date of 1r
.,r_emova rv1ce, v1 ed that a
notation 1s attached to the PCB Item
or a PCB Container (containing the
item) indicating the date the item was
removed from service:
(i) Non-leaking PCB Articles and
PCB Equipment;
(ii) Leaking PCB Articles and PCB
Equipment if the PCB Items are placed
in a non-leaking PCB Container that
contains sufficient sorbent materials
to absorb any liquid PCBs remaining in
the PCB Items;
(iii) PCB Containers containing non-
liquid PCBs such as contaminated soil,
rags, and debris; and
(iv) PCB Containers containing liquid
PCBs at a concentration between 50
and 500 ppm, provided a Spill Preven-
tion, Control and Countermeasure Plan
458
Environmental Protection Agency
has been prepared for the temporary
storage area in accordance with 40 CFR
Part 112. In addition, each container
must bear a notation that indicates
that the liquids in the drum do not ex-
ceed 500 ppm PCB.
(2) Non-leaking and structurally
undamaged PCB Large High Voltage
Capacitors and PCB-Contaminated
Electrical Equipment that have not
been drained of free flowing dielectric
fluid may be stored on pallets next to
a storage facility that meets the re-
quirements of paragraph (b) of this sec-
tion. PCB-Contaminated Electrical
Equipment that has been drained of
free flowing dielectric fluid is not sub-
ject to the storage provisions of§ 761.65.
Storage under this subparagraph will
be permitted only when the storage fa-
cility has immediately available un-
filled storage space equal to 10 percent
of the volume of capacitors and equip-
ment stored outside the facility. The
capacitors and equipment temporarily
stored outside the facility shall be
checked for leaks weekly.
(3) Any storage area subject to the
requirements of paragraph (b) or para-
graph (c)(l) of this section shall be
marked as required in subpart C-
§ 761.40(a)(10).
(4) No item of movable equipment
that is used for handling PCBs and PCB
Items in the storage facilities and that
comes in direct contact with PCBs
shall be removed from the storage fa-
cility area unless it has been decon-
taminated as specified in § 761. 79.
(5) All PCB Articles and PCB Con-
tainers in storage shall be checked for
leaks at least once every 30 days. Any
leaking PCB Articles and PCB Contain-
ers and their contents shall be trans-
ferred immediately to properly marked
non-leaking containers. Any spilled or
leaked materials shall be immediately
cleaned up, using sorbents or other
adequate means, and the PCB-contami-
nated materials and residues shall be
disposed of in accordance with
§ 761.60(a)( 4).
(6) Except 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 Department
of Transportation (DOT), 49 CFR 178.80
(Specification 5 container without re-
§761.65
movable head), 178.82 (Specification 5B
container without removable head),
178.102 (Specification 6D overpack with
Specification 2S(§ 178.35) or
2SL(§ 178.35a) polyethylene containers)
or 178.116 (Specification 17E container).
Any container used for the storage of
non-liquid PCBs shall comply with the
specifications of 49 CFR 178.80 (Speci-
fication 5 container), 178.82 (Specifica-
tion 5B container) or 178.115 (Specifica-
tion 17C container). As an alternate,
containers larger than those specified
in DOT Specifications 5, 5B, or 17C 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 environment as the DOT
Specification containers, and are of the
same relative strength and durability
as the DOT Specification containers.
(7) Storage containers for liquid
PCBs can be larger than the containers
specified in paragraph (c)(6) of this sec-
tion provided that:
(i) The containers are designed, con-
structed, and operated in compliance
with Occupational Safety and Health
Standards, 29 CFR 1910.106, Flammable
and combustible liquids. Before using
these containers for storing PCBs, the
design of the containers must be re-
viewed to determine the effect on the
structural safety of the containers that
will result from placing liquids with
the specific gravity of PCBs into the
containers (see 29 CFR
1910.106(b )(l)(i)(f) ).
(ii) The owners or operators of any
facility using containers described in
paragraph (c)(7)(i) of this section, shall
prepare and implement a Spill Preven-
tion Control and Countermeasure
(SPCC) Plan as described in Part 112 of
this title. In complying with 40 CFR
Part 112, the owner or operator shall
read "oil(s)" as "PCB(s)" whenever it
appears. The exemptions for storage
capacity, 40 CFR 112.l(d)(2), 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 Containers
shall be dated on the article or con-
tainer when they are placed in storage.
459
§761.65
The storage shall be managed so that
the PCB Articles and PCB Containers
can be located by the date they entered
storage. Storage containers provided in
paragraph (c)(7) of this section, shall
have a record that includes for each
batch of PCBs the quantity of the
batch and date the batch was added to
the container. The record shall also in-
clude the date, quantity, and disposi-
tion of any batch of PCBs removed
from the container.
(9) Owners or operators of storage fa-
cilities shall establish and maintain
records as provided in § 761.180.
(d) Approval of commercial starers of
PCB waste. (1) All commercial starers
of PCB waste shall have interim ap-
proval to operate commercial facilities
for the storage of PCB waste until Au-
gust 2, 1990. Commercial starers of PCB
waste are prohibited from storing any
PCB waste at their facilities after Au-
gust 2, 1990 unless they have submitted
by August 2, 1990 a complete applica-
tion for a final storage approval under
paragraph (d)(2) of this section. The pe-
riod of interim approval shall continue
until the Regional Administrator (or
the Director of the Chemical Manage-
ment Division (Director, CMD) in cases
involving commercial storage ancillary
to a facility approved for disposal by
the Director, CMD) makes a final deci-
sion on the storage application at
which time such interim approval shall
terminate.
(2) The Regional Administrator for
the region in which the storage facility
is located (or the Director, CMD, if the
commercial storage area is ancillary to
a facility approved for disposal by the
Director, CMD) shall grant written,
final approval to engage in the com-
mercial storage of PCB waste upon a
determination by the Regional Admin-
istrator or the Director, CMD, that the
criteria in paragraph (d)(2)(i) through
(d)(2)(vii) of this section have been met
by the applicant:
(i) The applicant, its principals, and
its key employees responsible for the
establishment or operation of the com-
mercial storage facility are qualified to
engage in the business of commercial
storage of PCB waste.
(ii) The facility possesses the capac-
ity to handle the quantity of PCB
waste which the owner or operator of
40 CFR Ch. I (7-1-94 Edition)
the facility has estimated will be the
maximum quantity of PCB waste that
will be handled at any one time at the
facility.
(iii) The owner or operator of the fa-
cility has certified compliance with the
storage facility standards in para-
graphs (b) and (c)(7) of this section.
(iv) The owner or operator has devel-
oped a written closure plan for the fa-
cility that is deemed acceptable by the
Regional Administrator (or the Direc-
tor, CMD, if the commercial storage is
ancillary to a disposal facility per-
mitted by the Director, CMD) under
the closure plan standards of paragraph
(e) of this section.
(v) The owner or operator has in-
cluded in the application for final ap-
proval a demonstration of financial re-
sponsibility for closure that meets the
financial responsibility standards of
paragraph (g) of this section.
(vi) The operation of the storage fa-
cility will not pose an unreasonable
risk of injury to health or the environ-
ment.
(vii) The environmental compliance
history of the applicant, its principals,
and its key employees may be deemed
to constitute a sufficient basis for de-
nial of approval whenever in the judg-
ment of the Regional Administrator (or
Director, CMD) that history of environ-
mental civil violations or criminal con-
victions evidences a pattern or practice
of noncompliance that demonstrates
the applicant's unwillingness or inabil-
ity to achieve and maintain compli-
ance with the regulations.
(3) Applicants for storage approvals
shall submit a written application that
includes any relevant information
bearing upon the qualifications of the
facility's principals and key employees
to engage in the business of commer-
cial storage of PCB wastes. This infor-
mation shall include, but is not limited
to:
(i) The identification of the owner
and the operator of the facility, includ-
ing all general partners of a partner-
ship, any limited partner of a partner-
ship, any stockholder of a corporation
or any participant in any other type of
business organization or entity who
owns or controls, directly or indirectly,
more than 5 percent of each partner-
ship, corporation, or other business or-
460
Environmental Protection Agency
ganization and all officials of the facil-
ity who have direct management re-
sponsibility for the facility.
(ii) The identification of the person
responsible for the overall operations
of the facility (i.e., a plant manager,
superintendent, or a person of similar
responsibility) and the supervisory em-
ployees who are or will be responsible
for the operation of the facility.
(iii) Information concerning the tech-
nical qualifications and experience of
the persons responsible for the overall
operation of the facility and the em-
ployees responsible for handling PCB
waste or other wastes.
(iv) Information concerning any past
State or Federal environmental viola-
tions involving the same business or
another business with which the prin-
cipals or supervisory employees were
affiliated directly that occurred within
5 years preceding the date of submis-
sion and which relate directly to viola-
tions that resulted in either a civil
penalty (irrespective of whether the
matter was disposed of by an adjudica-
tion or by a without prejudice settle-
ment) or judgment of conviction
whether entered after trial or a plea,
either of guilt or nolo contendere or
civil injunctive relief and involved
storage, disposal, transport, or other
waste handling activities.
(v) A list of all companies currently
owned or operated in the past by the
principals or key employees identified
in paragraphs (d)(3)(i) and (d)(3)(ii) of
this section that are or were directly
or indirectly involved with waste han-
dling activities.
(vi) The owner's or operator's esti-
mate of maximum PCB waste quantity
to be handled at the facility.
(vii) A written statement certifying
compliance with paragraph (b) or (c) of
this section and containing a certifi-
cation as defined in § 761.3.
(viii) A written closure plan for the
facility, as described in paragraph (e)
of this section.
(ix) The current closure cost esti-
mate for the facility, as described in
paragraph (0 of this section.
(x) A demonstration of financial re-
BPQnsibili ty to close the facility, as de-
scribed in paragraph (g) of this section.
(4) The written approval issued by
the Regional Administrator (or the Di-
§761.65
rector, CMD, if the commercial storage
area is ancillary to a disposal facility
approved by the Director, CMD) shall
include, but not be limited to, the fol-
lowing:
(i) The determination that the appli-
cant has satisfied the requirements set
forth in paragraph (d)(2) of this section,
and a brief statement setting forth the
basis for the determination.
(ii) Incorporation of the closure plan
submitted by the facility owner or op-
erator and approved by the Regional
Administrator (or the Director, CMD,
if the commercial storage area is ancil-
lary to a disposal facility approved by
the Director, CMD).
(iii) A condition imposing a maxi-
mum PCB storage capacity which the
facility shall not exceed during its PCB
waste storage operations. The maxi-
mum storage capacity imposed under
this condition shall not be greater than
the estimated maximum inventory of
PCB waste included in the owner's or
operator's application for final ap-
proval.
(iv) Such other conditions as deemed
necessary by the Regional Adminis-
trator (or the Director, CMD, if the
commercial storage area is ancillary to
a disposal facility approved by the Di-
rector, CMD) to ensure that the oper-
ations of the PCB storage facility will
not pose an unreasonable risk of injury
to health or the environment.
(5) Storage areas at transfer facilities
are exempt from the requirement to
obtain approval as a commercial storer
of PCB waste under this paragraph, un-
less the same PCB waste is stored at
these facilities for a period of time
greater than 10 consecutive days be-
tween destinations.
(6) Storage areas at RCRA-permitted
facilities may be exempt from the sepa-
rate TSCA storage approval require-
ments in this paragraph (d) upon a
showing to the Regional Administra-
tor's satisfaction that the facility's ex-
isting RCRA closure plan is substan-
tially equivalent to this rule's closure
plan standards, and that such facility's
closure cost estimate and financial as-
surance demonstration account for
maximum PCB waste inventories, and
the requirements of paragraph (d)(3)(i)
through (d)(3)(v) and (d)(3)(vii) of this
section are met. A pay-in period of
461
§761.65
longer than 3 years after approval of
the storage facility pursuant to this
rule, will be acceptable to EPA if that
pay-in period has already been estab-
lished for a valid RCRA facility or pre-
viously approved TSCA facility.
(7) Storage areas ancillary to TSCA-
approved disposal facilities may be ex-
empt from a separate facility approval
provided all of the following conditions
are met:
(i) The current disposal approval con-
tains an expiration date.
(ii) The current disposal approval's
closure and financial responsibility
conditions specifically extend to stor-
age areas ancillary to disposal.
(iii) The current disposal approval's
closure and financial responsibility
conditions provide for annual adjust-
ments for inflation, and for modifica-
tion when changes in operation would
affect closure costs.
(iv) The current disposal approval
contains conditions on closure and fi-
nancial responsibility that are at least
as stringent as those in paragraphs (e)
and (g) of this section. However, the
provision for a 3-year closure trust
pay-in period, as specified in paragraph
(g)(l)(i) of this section, would be
waived in a case in which an approved
TSCA facility or RCRA facility that
covers PCB storage has a longer pay-in
period for the trust.
(v) The current disposal approval sat-
isfies the requirements of paragraph
(d)(3)(i) through (d)(3)(v) of this sec-
tion.
(8) The approval of any existing
TSCA-approved disposal facility ancil-
lary to a commercial storage facility
that is deficient in any of the condi-
tions of paragraph (d)(7)(i) through
(d)(7)(v) of this section shall be called
in by the Regional Administrator or
the Director, CMD, if it was the Direc-
tor, CMD who issued it. The approval
shall be modified to meet the require-
ments of paragraph (d)(7) of this sec-
tion within 180 days of the effective
date of this final rule, or a separate ap-
plication for approval of the storage fa-
cility may be submitted to the Re-
gional Administrator or the Director,
CMD, in the cases where the Director,
CMD issued the approval.
(e) Closure. (1) A commercial storer of
PCB waste shall have a written closure
40 CFR Ch. I (7-1-94 Edition)
plan that identifies the steps that the
owner or operator of the facility shall
take to close the PCB waste storage fa-
cility in a manner that eliminates the
potential for post-closure releases of
PCBs which may present an unreason-
able risk to human health or the envi-
ronment. An acceptable closure plan
must include, at a minimum, all of the
following:
(i) A description of how the PCB stor-
age areas of the facility will be closed
in a manner that eliminates the poten-
tial for post-closure releases of PCBs
into the environment.
(ii) An identification of the maxi-
mum extent of storage operations that
will be open during the active life of
the facility, including an identification
of the extent of PCB storage operations
at the facility relative to other wastes
that will be handled at the facility.
(iii) An estimate of the maximum in-
ventory of PCB wastes that could be
handled at one time at the facility over
its active life, and a detailed descrip-
tion of the methods or arrangements to
be used during closure for removing,
transporting, storing, or disposing of
the facility's inventory of PCB waste,
including an identification of any off-
site facilities that will be used.
(iv) A detailed description of the
steps needed to remove or decontami-
nate PCB waste residues and contami-
nated containment system compo-
nents, equipment, structures, and soils
during closure in accordance with the
levels specified in the PCB Spills
Cleanup Policy in subpart G of this
part, including a description of the
methods for sampling and testing of
surrounding soils, and the criteria for
determining the extent of removal or
decontamination.
(v) A detailed description of other ac-
tivities necessary during the closure
period to ensure that any post-closure
releases of PCBs will not present un-
reasonable risks to human heal th or
the environment. This includes activi-
ties such as ground-water monitoring,
run-on and run-off control, and facilitY
security.
(vi) A schedule for closure of each
area of the facility where PCB waste is
stored or handled, including the total
time required to close each area of PCB
waste storage or handling, and the
462
Environmental Protection Agency
time required for any intervening clo-
sure activities.
(vii) An estimate of the expected
year of closure of the PCB waste stor-
age areas, if a trust fund is opted for as
the financial mechanism.
(2) A written closure plan determined
to be acceptable by the Regional Ad-
ministrator (or the Director, CMD, if
the commercial storage area is ancil-
lary to a disposal facility approved by
the Director, CMD) under this section
shall become a condition of any ap-
proval granted under paragraph (d) of
this section.
(3) A separate and new closure plan
need not be submitted in cases where a
facility is currently covered by a TSCA
approval or a RCRA permit, upon a
showing to the satisfaction of the Re-
gional Administrator (or the Director,
CMD, if the commercial storage area is
ancillary to a disposal facility ap-
proved by the Director, CMD) that the
existing closure plan is substantially
equivalent to closure plans required
under paragraphs (d) through (g) of this
section, and that the plan adequately
accounts for PCB waste inventories.
(4) The commercial storer of PCB
waste shall submit a written request to
the Regional Administrator (or the Di-
rector, CMD, if he approved the closure
plan) for a modification to its storage
approval to amend its closure plan,
whenever:
(i) Changes in ownership, operating
plans, or facility design affect the ex-
isting closure plan.
(ii) There is a change in the expected
date of closure, if applicable.
, (iii) In conducting closure activities,
unexpected events require a modifica-
tion of the approved closure plan.
(5) The Regional Administrator or
. the Director, CMD, if he approved the
closure plan, may modify the existing
closure plan under the conditions de-
scribed in paragraph (e)(4) of this sec-
tion.
;; (6) Commercial storers of PCB waste
. Bhan comply with the following closure
,schedule:
2~ U) The ?o_mmercial s~orer shall no-'ti;. in writmg the Regional Adminis-
tirotor or the Director, CMD if he ap-
Ved the closure plan, at least 60
~8 Prior to the date on which final
.... ""''
§761.65
closure of its PCB storage facility is
expected to begin.
(ii) The date when a commercial stor-
er of PCB waste "expects to begin clo-
sure" shall be no later than 30 days
after the date on which the storage fa-
cility received its final quantities of
PCB waste. For good cause shown, the
Regional Administrator or the Direc-
tor, CMD if he approved the closure
plan, may extend the date for com-
mencement of closure for an additional
30-day period.
(iii) Within 90 days after receiving
the final quantity of PCB waste for
storage, a commercial storer of PCB
waste shall remove all PCB waste in
storage at the facility from the facility
in accordance with the approved clo-
sure plan. For good cause shown, the
Regional Administrator or the Direc-
tor, CMD if he approved the closure
plan, may approve a reasonable exten-
sion to the period for removal of the
PCB waste.
(iv) A commercial storer of PCB
waste shall complete closure activities
in accordance with the approved clo-
sure plan and within 180 days after re-
ceiving the final quantity of PCB waste
for storage at the facility. For good
cause shown, the Regional Adminis-
trator or Director, CMD if he approved
the closure plan, may approve a rea-
sonable extension to the closure period.
(7) During the closure period, all con-
taminated system component equip-
ment, structures, and soils shall be dis-
posed of in accordance with the dis-
posal requirements of subpart D of this
part, or, if applicable, decontaminated
in accordance with the levels specified
in the PCB Spills Cleanup Policy at
subpart G of this part. When PCB waste
is removed from the storage facility
during closure, the owner or operator
becomes a generator of PCB waste sub-
ject to the generator requirements of
subpart J of this part.
(8) Within 60 days of completion of
closure of each facility for the storage
of PCB waste, the commercial storer of
PCB waste shall submit to the Re-
gional Administrator (or Director,
CMD if he approved the closure plan),
by registered mail, a certification that
the PCB storage facility has been
closed in accordance with the approved
closure plan. The certification shall be
·i/~';, 463
§761.65
signed by the owner or operator and by
an independent registered professional
engineer.
(f) Closure cost estimate. (1) A commer-
cial storer of PCB wastes shall have a
detailed estimate, in current dollars, of
the cost of closing the facility in ac-
cordance with its approved closure
plan. The closure cost estimate shall be
in writing, be certified by the person
preparing it (using the certification de-
fined in § 761.3) and comply with all of
the following criteria:
(i) The closure cost estimate shall
equal the cost of final closure at the
point in the PCB storage facility's ac-
tive life when the extent and manner of
PCB storage operations would make
closure the most expensive, as indi-
cated by the facility's closure plan.
(ii) The closure cost estimate shall be
based on the costs to the owner or op-
erator of hiring a third party to close
the facility, and the third party shall
not be either a corporate parent or sub-
sidiary of the owner or operator, or
member in joint ownership of the facil-
ity.
(iii) The owner or operator shall in-
clude in the estimate the current mar-
ket costs for off-site commercial dis-
posal of the facility's maximum esti-
mated inventory of PCB wastes, except
that on-site disposal costs may be used
if on-site disposal capacity will exist at
the facility at all times over the life of
the PCB storage facility.
(iv) The closure cost estimate may
not incorporate any salvage value that
may be realized with the sale of wastes,
facility structures or equipment, land,
or other assets associated with the fa-
cility at the time of closure.
(2) During the active life of the PCB
storage facility, the commercial storer
of PCB waste shall adjust annually for
inflation the closure cost estimate
within 60 days prior to the anniversary
date of the establishment of the finan-
cial instruments used to demonstrate
financial responsibility for closure, ex-
cept that owners or operators who use
the financial test or corporate guaran-
tee shall adjust their closure cost esti-
mates for inflation within 30 days after
the close of the storer's fiscal year. The
adjustment may be made by
recalculating the maximum costs of
closure in current dollars, or by using
40 CFR Ch. I (7-1-94 Edition)
an inflation factor derived from the
most recent Implicit Price Deflator for
Gross National Product published by
the U.S. Department of Commerce in
its Survey of Current Business. The Im-
plicit Price Deflator for Gross National
Product is included in a monthly publi-
cation titled Economic Indicators, which
is available from the Superint endent of
Documents, Government Printing Of-
fice, Washington, DC 20402. The infla-
tion factor used in the latter method is
the result of dividing the latest pub-
lished annual Deflator by the Deflator
for the previous year. The adjustment
to the closure cost estimate is then
made by multiplying the most recent
closure cost estimate by the latest in-
flation factor.
(3) Where the Regional Administrator
(or the Director, CMD, if he approved
the closure plan) approves a modifica-
tion to the facility's closure plan, and
that modification increases the cost of
closure, the owner or operator shall re-
vise the closure cost estimate no later
than 30 days after the modification is
approved. Any such revision shall also
be adjusted for inflation in accordance
with paragraph (f)(2) of this section.
(4) The owner or operator of the facil-
ity shall keep at the facility during its
operating life the most recent closure
cost estimate, including any adjust-
ments resulting from inflation or from
modifications to the closure plan.
(g) Financial assurance for closure. A
commercial storer of PCB waste shall
establish financial assurance for clo-
sure of each PCB storage facility that
he owns or operates. In establishing fi-
nancial assurance for closure, the com-
mercial storer of PCB waste may
choose from the following financial as-
surance mechanisms or any combina-
tion of mechanisms:
(1) The "closure trust fund," as speci-
fied in §264.143(a) of this chapter, ex-
cept for paragraph (a)(3) of §264.143. For
purposes of this paragraph, the follow-
ing provisions also apply:
(i) Payments into the trust fund shall
be made annually by the owner or oper-
ator over the remaining operating life
of the facility as estimated in the clo-
sure plan, or over 3 years, whichever
period is shorter. This period of time is
hereafter referred to as the "pay-in pe-
riod." For an existing facility, the first
464
Environmental Protection Agency
payment must be made within 30 cal-
endar days after EPA has notified the
facility of its conditional approval. In-
terim approval to operate is canceled
and the application is denied if EPA
does not receive verification that the
payment was made in that 30-day pe-
riod.
(ii) For a new facility, the first pay-
ment into the closure trust fund shall
be made before EPA grants final ap-
proval of the application and before the
facility may accept the initial ship-
ment of PCB waste for commercial
storage. A receipt from the trustee
shall be submitted by the owner or op-
erator to the Regional Administrator
(or the Director, CMD, if the commer-
cial storage area is ancillary to a dis-
posal facility approved by the Director
CMD) before this initial delivery of
PCB waste. The first payment shall be
at least equal to the current closure
cost estimate, divided by the number of
years in the pay-in period, except as
provided in paragraph (g)(7) of this sec-
tion for multiple mechanisms. Subse-
quent payments shall be made no later
than 30 days after each anniversary
date of the first payment. The amount
of each subsequent payment shall be
determined by subtracting the current
value of the trust fund from the cur-
rent closure cost estimate, and divid-
ing this difference by the number of
years remaining in the pay-in period.
(iii) If an owner or operator of a facil-
ity existing on the effective date of
this paragraph establishes a trust fund
to meet the financial assurance re-
quirements of this paragraph, and the
value of the trust fund is less than the
current closure cost estimate when a
final approval is granted for the facil-
ity, the amount of the current closure
cost estimate still to be paid into the
trust fund shall be paid in over the
pay-in period as defined in paragraph
(g)(l)(i) of this section. Payments shall
continue to be made no later than 30
days after each anniversary date of the
first payment made into the trust fund.
The amount of each payment shall be
determined by subtracting the current
value of the trust fund from the cur-
rent closure cost estimate, and divid-
ing this difference by the number of
Years remaining in the pay-in period.
§761.65
(iv) The submission of a trust agree-
ment with the wording specified in
§264.151(a)(l) of this chapter, including
any reference to hazardous waste man-
agement facilities, shall be deemed to
be in compliance with the requirement
to submit a trust agreement under this
subpart.
(2) The "surety bond guaranteeing
payment into a closure trust fund," as
specified in §264.143(b) of this chapter,
including the use of the surety bond in-
strument specified at § 264.151(b) of this
chapter and the standby trust specified
at §264.143(b)(3) of this chapter. The use
of the surety bonds, surety bond instru-
ments, and standby trust agreements
specified in §§264.143(b) and 264.151(b) of
this chapter shall be deemed to be in
compliance with this subpart.
(3)(1) The "surety bond guaranteeing
performance of closure," as specified at
§264.143(c) of this chapter, except for
paragraph (c)(5) of §264.143 of this chap-
ter. The submission and use of the sur-
ety bond instrument specified at
§264.151(c) of this chapter and the
standby trust specified at §264.143(c)(3)
of this chapter shall be deemed to be in
compliance with the requirements
under this subpart relating to the use
of surety bonds and standby trust
funds.
(ii) For the purposes of this para-
graph, and under the terms of the bond,
the surety shall become liable on the
bond obligation when the owner or op-
erator fails to perform as guaranteed
by the bond. Liability is established by
a final administrative determination
pursuant to section 16 of TSCA that
the owner or operator has failed to per-
form final closure in accordance with
the closure plan and other approval or
regulatory requirements when required
to do so.
(4)(i) The "closure letter of credit"
specified in § 264.143(d) of this chapter,
except for paragraph (d)(8). The sub-
mission and use of the irrevocable let-
ter of credit instrument specified in
§264.151(d) of this chapter and the
standby trust specified in §264.143(d)(3)
of this chapter shall be deemed to be in
compliance with the requirements of
this subpart relating to the use of let-
ters of credit and standby trust funds.
(ii) For the purposes of this para-
graph, the Regional Administrator (or
465
§761.65
the Director, CMD, if the commercial
storage area is ancillary to a disposal
facility approved by the Director,
CMD) may draw on the letter of credit
following a final administrative deter-
mination pursuant to section 16 of
TSCA that the owner or operator has
failed to perform final closure in ac-
cordance with the closure plan and
other approval or regulatory require-
ments when required to do so.
(5) "Closure insurance," as specified
in §264.143(e) of this chapter, utilizing
the certificate of insurance for closure
specified at §264.151(e) of this chapter.
The use of closure insurance as speci-
fied in §264.143(e) of this chapter and
the submission and use of the certifi-
cate of insurance specified in
§ 264.151(e) of this chapter shall be
deemed to be in compliance with the
requirements of this subpart relating
to the use of closure insurance.
(6) The "financial test and corporate
guarantee for closure," as described in
§264.143(f} of this chapter, including a
letter signed by the owner's or opera-
tor's chief financial officer as specified
at §264.151(!) of this chapter and, if ap-
plicable, the written corporate guaran-
tee specified at §264.151(h) of this chap-
ter. The use of the financial test and
corporate guarantee specified in
§264.143(0 of this chapter, the submis-
sion and use of the letter specified in
§ 264.151(!) of this chapter, and the sub-
mission and use of the written cor-
porate guarantee specified at
§264.151(h) of this chapter shall be
deemed to be in compliance with the
requirements of this subpart relating
to the use of financial tests and cor-
porate guarantees.
(7) The use of multiple financial
mechanisms, as specified in §264.143(g)
of this chapter is permitted.
(h) Release of owner or operator. With-
in 60 days after receiving certifications
from the owner or operator and an
independent registered professional en-
gineer that final closure has been com-
pleted in accordance with the approved
closure plan, the Regional Adminis-
trator or the Director, CMD, if he ap-
proved the closure plan, will notify the
owner or operator in writing that the
owner or operator is no longer required
by this section to maintain financial
assurance for final closure of the facil-
40 CFR Ch. I (7-1-94 Edition)
ity, unless the Regional Administrator
or the Director, CMD, if he approved
the closure plan, has reason to believe
that final closure has not been com-
pleted in accordance with the approved
closure plan. The Regional Adminis-
trator or the Director, CMD, if he ap-
proved the closure plan, shall provide
the owner or operator with a detailed
written statement stating the reasons
why he believed closure was not con-
ducted in accordance with the approved
closure plan.
(i) Laboratories and samples. (1) A lab-
oratory is conditionally exempt from
the notification and approval require-
ments for a commercial storer under
§ 761.65 (d) through (h) when it stores
samples held for disposal in a facility
that complies with the standards in
§ 761.65(b)(l)(i) through (b)(l)(iv).
(2) A laboratory sample is exempt
from the manifesting requirements in
§ 761.208 when:
(i) The sample is being transported to
a laboratory for the purpose of testing.
(ii) The .sample is being transported
back to the sample collector after test-
ing.
(iii) The sample is being stored by
the sample collector before transport
to a laboratory for testing.
(iv) The sample is being stored in a
laboratory before testing.
(v) The sample is being stored in a
laboratory after testing but before it is
returned to the sample collector.
(vi) The sample is being stored tem-
porarily in the laboratory after testing
for a specific purpose (for example,
until conclusion of a court case or en-
forcement action where further testing
of the sample may be necessary).
(3) In order to qualify for the exemp-
tion in paragraph (i)(2)(i) and (i)(2)(ii)
of this section, a sample collector ship-
ping samples to a laboratory and a lab-
oratory returning samples to a sample
collector must:
(i) Comply with applicable U.S. De-
partment of Transportation (DOT) or
U.S. Postal Service (USPS) shipping re-
quirements, found respectively in 49
CFR 173.345 and U.S. Postal Regula-
tions 652.2 and 652.3.
(ii) Assure that the following infor-
mation accompanies the sample:
466
Environmental Protection Agency
(A) The sample collector's name,
mailing address, and telephone num-
ber.
(B) The laboratory's name, mailing
address, and telephone number.
(C) The quantity of the sample.
(D) The date of shipment.
(E) A description of the sample.
(iii) Package the sample so that it
does not leak, spill, or vaporize from
its packaging.
(4) When the concentration of the
PCB sample has been determined, and
its use is terminated, the sample must
be properly disposed. A laboratory
must either manifest the PCB waste to
a disposer or commercial storer, as re-
quired under § 761.208, retain a copy of
each manifest, as required under
§ 761.209, and follow up on exception re-
porting, as required under § 761.215 (a)
and (b), or return the sample to the
sample collector who must then prop-
erly dispose of the sample. If the lab-
oratory returns the sample to the sam-
ple collector, the laboratory must com-
ply with the shipping requirements set
forth in paragraph (i)(3)(i) through
(i)(3)(iii) of this section.
(j) States and the Federal Government.
States and the Federal Government are
exempt from the requirements of para-
graphs (f) and (g) of this section.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 47 FR
37359, Aug. 8, 1982; 49 FR 28191, July 10, 1984;
53 FR 12524, Apr. 15, 1988; 54 FR 52746, Dec. 21,
1989; 55 FR 695, Jan. 8, 1990; 55 FR 26205, June
27, 1990; 58 FR 15809, Mar. 24, 1993; 58 FR 34205,
June 23, 1993; 58 FR 59374, Nov. 9, 1993]
§ 761.70 Incineration.
This section applies to facilities used
to incinerate PCBs required to be in-
cinerated by this part.
(a) Liquid PCBs. An incinerator used
for incinerating PCBs shall be approved
by an EPA Regional Administrator or
the Director, Chemical Management
Division pursuant to paragraph (d) of
this section. Requests for approval of
incinerators to be used in more than
one region must be submitted to the
Director, Chemical Management Divi-
sion, except for research and develop-
ment involving less than 500 pounds of
PCB material (see § 761.60(i)(2)). Re-
§ 761.70
quests for approval of incinerators to
be used in only one region must be sub-
mitted to the appropriate Regional Ad-
ministrator. The incinerator shall
meet all of the requirements specified
in paragraphs (a) (1) through (9) of this
section, unless a waiver from these re-
quirements is obtained pursuant to
paragraph (d)(5) of this section. In addi-
tion, the incinerator shall meet any
other requirements which may be pre-
scribed pursuant to paragraph (d)(4) of
this section.
(1) Combustion criteria shall be ei-
ther of the following:
(i) Maintenance of the introduced liq-
uids for a 2-second dwell time at
1200°C(±l00°C) and 3 percent excess oxy-
gen in the stack gas; or
(ii) Maintenance of the introduced
liquids for a Ph second dwell time at
1600°C(±100°C) and 2 percent excess oxy-
gen in the stack gas.
(2) Combustion efficiency shall be at
least 99.9 percent computed as follows:
Combustion efficiency=
[Cco:z/(Cco,+Cco)]lOO
where
Cco2=Concentration of carbon dioxide.
Cco=Concentration of carbon monoxide.
(3) The rate and quantity of PCBs
which are fed to the combustion sys-
tem shall be measured and recorded 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 whenever
the combustion temperature drops
below the temperatures specified in
paragraph (a)(l ) of this section.
(6) Monitoring of stack emission
products shall be conducted:
(i ) When a n incinerator is first used
for the disposal of PCBs under the pro-
visions of this regulation;
(ii) When an incinerator is first used
for the disposal of PCBs after the incin-
erator has been modified in a manner
which may affect the characteristics of
the stack emission products; and
467
§761.70
(iii) At a minimum such monitoring
shall be conducted for the following pa-
rameters:
(a) 02; (b) CO; (c) CO2; (d) Oxides of
Nitrogen (NOx); (e) Hydrochloric Acid
(HCl); (j) Total Chlorinated Organic
Content (RCl); (g) PCBs; and (h) Total
Particulate Matter.
(7) At a minimum monitoring and re-
cording of combustion products and in-
cineration operations shall be con-
ducted for the following parameters
whenever the incinerator is incinerat-
ing PCBs:
(i) 02; (ii) CO; and (iii) CO2. The mon-
itoring for 02 and CO shall be continu-
ous. The monitoring for CO2 shall be
periodic, at a frequency specified by
the Regional Administrator or Direc-
tor, Chemical Management Division.
(8) The flow of PCBs to the inciner-
ator shall stop automatically when any
one or more of the following conditions
occur, unless a contingency plan is sub-
mitted by the incinerator owner or op-
erator and approved by the Regional
Administrator or Director, Chemical
Management Division. The contin-
gency plan indicates what alternative
measures the incinerator owner or op-
erator would take if any of the follow-
ing conditions occur:
(i) Failure of monitoring operations
specified in paragraph (a)(7) of this sec-
tion;
(ii) Failure of the PCB rate and quan-
tity measuring and recording equip-
ment 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 appro-
priate EPA Regional Administrator or
the Director, Chemical Management
Division. Scrubber effluent shall be
monitored and shall comply with appli-
cable effluent or pretreatment stand-
ards, and any other State and Federal
laws and regulations. An alternate
method of HCl control may be used if
the alternate method has been ap-
proved by the Regional Administrator
or the Director, Chemical Management
Division. (The HCl neutralizing capa-
40 CFR Ch. I (7-1-94 Edition)
bility of cement kilns is considered to
be an alternate method.)
(b) Nonliquid PCBs. An incinerator
used for inciner:ating nonliquid PCBs,
PCB Articles, PCB Equipment, or PCB
Containers shall be approved by the ap-
propriate EPA Regional Administrator
or the Director, Chemical Management
Division pursuant to paragraph (d) of
this section. Requests for approval of
incinerators to be used in more than
one region .must be submitted to the
Director, Chemical Management Divi-
sion, except for research and develop-
ment involving less than 500 pounds of
PCB material (see § 761.60(i)(2)). Re-
quests for approval of incinerators to
be used in only one region must be sub-
mitted to the appropriate Regional Ad-
ministrator. The incinerator shall
meet all of the requirements specified
in paragraphs (b)(l) and (2) of this sec-
tion unless a waiver from these re-
quirements is obtained pursuant to
paragraph (d)(5) of this section. In addi-
tion, the incinerator shall meet any
other requirements that may be pre-
scribed pursuant to paragraph (d)(4) of
this section.
(1) The mass air emissions from the
incinerator shall be no greater than
0.001g PCB/kg of the PCB introduoed
into the incinerator.
(2) The incinerator shall comply with
the provisions of paragraphs (a)(2), (3),
( 4), (6), (7), (8)(i) 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 §761.180, Records and mon-
itoring.
(d) Approval of incinerators. Prior to
the incineration of PCBs and PCB
Items the owner or operator of an in-
cinerator shall receive the written ap-
proval of the Agency Regional Admin-
istrator for the region in which the in·
cinerator is located, or the Director,
Chemical Management Division. Ap-
proval from the Director, Chemical
Management Division may be effective
in all ten EPA regions. Such approval
shall be obtained in the following man·
ner:
(1) Application. The owner or operator ,
shall submit to the Regional AdminiS·
trator or the Director, Chemical Man·
468
Environmental Protection Agency
agement Division an application which
contains:
(i) The location of the incinerator;
(ii) A detailed description of the in-
cinerator including general site plans
and design drawings of the incinerator;
(iii) Engineering reports or other in-
formation on the anticipated perform-
ance of the incinerator;
(iv) Sampling and monitoring equip-
ment and facilities available;
(v) Waste volumes expected to be in-
cinerated;
(vi) Any local, State, or Federal per-
mits or approvals; and
(vii) Schedules and plans for comply-
ing with the approval requirements of
this regulation.
(2) Trial burn. (i) Following receipt of
the application described in paragraph
(d)(l) of this section, the Regional Ad-
ministrator or the Director, Chemical
Management Division 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
Administrator or the Director, Chemi-
cal Management Division may require
the submission of any other informa-
tion that the Regional Administrator
or the Director, Chemical Management
Division finds to be reasonably nec-
essary to determine the need for a trial
burn. Such other information shall be
restricted to the types of information
required in paragraphs (d)(l)(i) through
(vii) of this section.
(ii) If the Regional Administrator or
the Director, Chemical Management
Division determines that a trial burn
must be held, the person who submit-
ted the report described in paragraph
(dXl) of this section shall submit to the
Regional Administrator or the Direc-
tor, Chemical Management Division a
detailed plan for conducting and mon-
itoring the trial burn. At a minimum,
the Plan must include:
(A) Date trial burn is to be con-ducted;
PC-(B) Quantity and type of PCBs and
B Items to be incinerated;
;· (C) Parameters to be monitored and
OCa.tion of sampling points;
-:.(D) Sampling frequency and methods ~ schedules for sample analyses; and ~i:') Name, address, and qualifications
. P8rsons who will review analytical
§ 761.70
results and other pertinent data, and
who will perform a technical evalua-
tion of the effectiveness of the trial
burn.
(iii) Following receipt of the plan de-
scribed in paragraph (d)(2)(ii) of this
section, the Regional Administrator or
the Director, Chemical Management
Division will approve the plan, require
additions or modifications to the plan,
or disapprove the plan. If the plan is
disapproved, the Regional Adminis-
trator or the Director, Chemical Man-
agement Division will notify the per-
son who submitted the plan of such dis-
approval, together with the reasons
why it is disapproved. That person may
thereafter submit a new plan in accord-
ance with paragraph (d)(2)(ii) of this
section. If the plan is approved (with
any additions or modifications which
the Regional Administrator or the Di-
rector, Chemical Management Division
may prescribe), the Regional Adminis-
trator or the Director, Chemical Man-
agement Division will notify the per-
son who submitted the plan of the ap-
proval. Thereafter, the trial burn shall
take place at a date and time to be
agreed upon between the Regional Ad-
ministrator or the Director, Chemical
Management Division and the person
who submitted the plan.
(3) Other information. In addition to
the information contained in the re-
port and plan described in paragraphs
(d)(l) and (2) of this section, the Re-
gional Administrator or the Assistant
Administrator for Prevention, Pes-
ticides and Toxic Substances may re-
quire the owner or operator to submit
any other information that the Re-
gional Administrator or the Assistant
Administrator for Prevention, Pes-
ticides and Toxic Substances finds to
be reasonably necessary to determine
whether an incinerator shall be ap-
proved.
NOTE: The Regional Administrator will
have available for review and inspection an
Agency manual containing information on
sampling methods and analytical procedures
for the parameters required in §761.70(a) (3),
(4), (6), and (7) plus any other parameters he/
she may determine to be appropriate. Owners
or operators are encouraged to review this
manual prior to submitting any report re-
quired in § 761. 70.
469
§761.75
(4) Contents of approval. (i) Except as
provided in paragraph (d)(5) of this sec-
tion, the Regional Administrator or
the Director, Chemical Management
Division may not approve an inciner-
ator for the disposal of PCBs and PCB
Items unless he finds that the inciner-
ator meets all of the requirements of
paragraphs (a) and/or (b) of this sec-
tion.
(ii) In addition to the requirements of
paragraphs (a) and/or (b) of this sec-
tion, the Regional Administrator or
the Director, Chemical Management
Division may include in an approval
any other requirements that the Re-
gional Administrator or the Director,
Chemical Management Division finds
are necessary to ensure that operation
of the incinerator does not present an
unreasonable risk of injury to health
or the environment from PCBs. Such
requirements may include a fixed pe-
riod of time for which the approval is
valid.
(5) Waivers. An owner or operator of
the incinerator may submit evidence to
the Regional Administrator or the Di-
rector, Chemical Management Division
that operation of the incinerator will
not present an unreasonable risk of in-
jury to health or the enviroment from
PCBs, when one or more of the require-
ments of paragraphs (a) and/or (b) of
this section are not met. On the basis
of such evidence and any other avail-
able information, the Regional Admin-
istrator or the Director, Chemical
Management Division may in his/her
discretion find that any requirement of
paragraphs (a) and (b) of this section is
not necessary to protect against such a
risk, and may waive the requirements
in any approval for that incinerator.
Any finding and waiver under this
paragraph must be stated in writing
and included as part of the approval.
(6) Persons approved. An approval will
designate the persons who own and who
are authorized to operate the inciner-
ator, and will apply only to such per-
sons, except as provided -in paragraph
(d)(8) of this section.
(7) Final approval. Approval of an in-
cinerator will be in writing and signed
by the Regional Administrator or the
Director, Chemical Management Divi-
sion. The approval will state all re-
40 CFR Ch. I (7-1-94 Edition)
quirements applicable to the approved
incinerator.
(8) Transfer of property. Any person
who owns or operates an approved in-
cinerator must notify EPA at least 30
days before transferring ownership in
the incinerator or the property it
stands upon, or transferring the right
to operate the incinerator. The trans-
feror must also submit to EPA, at least
30 days before such transfer, a nota-
rized affidavit signed by the transferee
which states that the transferee will
abide by the transferor's EPA inciner-
ator approval. Within 30 days of receiv-
ing such notification and affidavit
EPA will issue an amended approvai
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. ~: t (Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47 ;!,1 FR 19527, May 6, 1982, and amended at 48 FR • .. -·.J
13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984; •
53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24, •.1,~'
1993) ~-,,,.
§761.75 Chemical waste landfills. ·j\t
This section applies to facilities used
to dispose of PCBs in accordance with
the part.
(a) General. A chemical waste landfill
used for the disposal of PCBs and PCB
Items shall be approved by the Agency
Regional Administrator pursuant to
paragraph (c) of this section. The land•
fill shall meet all of the requirements
specified in paragraph (b) of this sec-
tion, unless a waiver from these ~
quirements is obtained pursuant to
paragraph (c)(4) of this section. In addi·
tion, the landfill shall meet any o~~
requirements that may be prescri"°" , ~
pursuant to paragraph (c)(3) of this sec:-;-.
tion. ,i.l:
(b) Technical requirements. Req~ .. , ,
ments for chemical waste landfills used
for the disposal of PCBs and PCB I~· are as follows: '.,'•(,•;,·
(1) Soils. The landfill site shall be:..
cated in thick, relatively imperme~.
formations such as large-area. ....
pans. Where this is not possible, _..
470
Environmental Protection Agency
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;
(ii) Permeability (cm/sec), equal to or
less than lxl0-7;
(iii) 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)(l) of this section.
Whenever a synthetic liner is used at a
landfill site, special precautions 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 pro-
vided to prevent excessive stress on the
liner and to prevent rupture of the
liner. The liner must have a minimum
thickness of 30 mils.
-(3) Hydrologic conditions. The bottom
of the landfill shall be above the histor-
ical high groundwater table as provided
below. Floodplains, shorelands, and
groundwater recharge areas shall be
avoided. There shall be no hydraulic
connection between the site and stand-
ing or flowing surface water. The site
shall have monitoring wells and leach-
ate collection. The bottom of the land-
fill liner system or natural in-place
soil barrier shall be at least fifty feet
from the historical high water table.
(4) Flood protection. (i) If the landfill
site is below the 100-year floodwater
elevation, the operator shall provide
Surface water diversion dikes around
the perimeter of the landfill site with a
minimum height equal to two feet
above the 100-year floodwater ele-
vation.
(ii) If the landfill site is above the
100-year floodwater elevation, the oper-
ators shall provide diversion structures
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 mod-
erate relief to minimize erosion and to
help prevent landslides or slumping.
§761.75
(6) Monitoring systems--{i) Water sam-
pling. (A) For all sites receiving PCBs,
the ground and surface water from the
disposal site area shall be sampled
prior to commencing operations under
an approval provided in paragraph (c)
of this section for use as baseline data.
(B) Any surface watercourse des-
ignated by the Regional Administrator
using the authority provided in para-
graph (c)(3)(ii) of this section shall be
sampled at least monthly when the
landfill is being used for disposal oper-
ations.
(C) Any surface watercourse des-
ignated by the Regional Administrator
using the authority provided in para-
graph (c)(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.
(ii) Groundwater monitor wells. (A) If
underlying earth materials are homog-
enous, impermeable, and uniformly
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 ele-
vation to the area of the lowest water
table elevation on the property.
(B) All monitor wells shall be cased
and the annular space between the
monitor zone (zone of saturation) and
the surface shall be completely
backfilled 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 treated to meet
applicable State or Federal discharge
standards or recycled to the chemical
waste landfill.
(iii) Water analys;s. 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
§761.180(d)(l). Sampling methods and
471
l50-158 0-94--16
§761.75
analytical procedures for these param-
eters shall comply with those specified
in 40 CFR part 136 as amended in 41 FR
52779 on December 1, 1976.
(A) PCBs.
(B) pH.
(C) Specific conductance.
(D) Chlorinated organics.
(7) Leachate collection. A leachate col-
lection monitoring system shall be in-
stalled above the chemical waste land-
fill. Leachate collection systems shall
be monitored monthly for quantity and
physicochemical characteristics of
leachate produced. The leachate should
be either treated to acceptable limits
for discharge in accordance with a
State or Federal permit or disposed of
by another State or Federally approved
method. Water analysis shall be con-
ducted as provided in paragraph
(b)(6)(iii) of this section. Acceptable
leachate monitoring/collection systems
shall be any of the following designs,
unless a waiver is obtained pursuant to
paragraph (c)(4) of this section.
(i) Simple leachate collection. This sys-
tem consists of a gravity flow
drainfield installed above the waste
disposal facility liner. This design is
recommended 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 above the waste
disposal facility liner and above a sec-
ondary installed liner. This design is
recommended for use when semi-liquid
or leachable solid wastes are placed in
a lined pit excavated into relatively
permeable soil.
(iii) Suction lysimeters. This system
consists of a network of porous ceramic
cups connected by hoses/tubing to a
vacuum pump. The porous ceramic
cups or suction lysimeters are installed
along the sides and under the bottom
of the waste disposal facility liner.
This type of system works best when
installed in a relatively permeable un-
saturated soil immediately adjacent to
the bottom and/or sides of the disposal
facility.
(8) Chemical waste landfill operations.
(i) PCBs and PCB Items shall be placed
in a landfill in a manner that will pre-
40 CFR Ch. I (7-1-94 Edition)
vent damage to containers or articles
Other wastes placed in the landfill that
are not chemically compatible With
PCBs and PCB Items including organic
solvents shall be segregated from the
PCBs throughout the waste hand.ling
and disposal process.
(ii) An operation plan shall be devel-
oped and submitted to the Regional
Administrator for approval as required
in paragraph (c) of this section. Th!A
plan shall include detailed expla-
nations of the procedures to be used for
recordkeeping, surface water handling
procedures, excavation and backfilling,
waste segregation burial coordinates,
vehicle and equipment movement, use
of roadways, leachate collection sys-
tems, sampling and monitoring proce-
dures, monitoring wells, environmental
emergency contingency plans, and S&-
curity measures to protect against ·
vandalism and unauthorized waste
placements. EPA guidelines entitled ~
"Thermal Processing and Land Dis-i.
posal of Solid Waste" (39 FR 29337, Aug.
14, 1974) are a useful reference in pre~ i
ration of this plan. If the facility is to J
be used to dispose of liquid wastes con-'·
taining between 50 ppm and 500 ppm ',J
PCB, the operations plan must include :
procedures to determine that liquid ,
PCBs to be disposed of at the landfill •'
do not exceed 500 ppm PCB and rneaa--~
ures to prevent the migration of PCBI ,1
from the landfill. Bulk liquids not er-'~~
ceeding 500 ppm PCBs may be disposed:~
of provided such waste is pretreatedt'l,j and/or stabilized (e.g., chemicallJ; ·
fixed, evaporated, mixed with dry iner$,,-;
absorbant) to reduce its liquid contenl '..
or increase its solid content so that •i
non-flowing consistency is achieved to ij
eliminate the presence of free Uquidf ~.;
prior to final disposal in a landfill. FCB~
Container of liquid PCBs with a coll!'.
centration between 50 and 500 ppm FC~,
may be disposed of if each container ii
surrounded by an amount of ind,
sorbant material capable of absorb!Jll,
all of the liquid contents of the ~ •
tainer. •
(iii) Ignitable wastes shall not ~,.11.; ·
posed of in chemical waste 1anw.u--..
Liquid ignitable wastes are wastes t.bd .
have a flash point less than 60 de~~
C (140 degrees F) as determined ~2
following method or ~n . equi •
method: Flash point of llqlllds shall .
472
Environmental Protection Agency
determined by a Pensky-Martens
closed Cup Tester, using the protocol
specified in ASTM D 93-90, or the
setaflash Closed Tester using the pro-
tocol specified in ASTM Standard D-
3278-89.
(iv) Records shall be maintained for
all PCB disposal operations and shall
include information on the PCB con-
centration in liquid wastes and the
three dimensional burial coordinates
for PCBs and PCB Items. Additional
records shall be developed and main-
tained as required in §761.180.
(9) Supporting facilities. (i) A six foot
woven mesh fence, wall, or similar de-
vice shall be placed around the site to
prevent unauthorized persons and ani-
mals from entering.
. (ii) Roads shall be maintained to and
within the site which are adequate to
support the operation and maintenance
of the site without causing safety or
nuisance problems or hazardous condi-
tions.
(iii) The site shall be operated and
maintained in a manner to prevent
"safety problems or hazardous condi-
tions resulting from spilled liquids and
· windblown materials.
·•: (c) Approval of chemical waste landfills.
,·, 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 obtained in the
following manner:
. (1) Initial report. The owner or opera-
:' tor shall submit to the Regional Ad-
, ministrator an initial report which
, contains:
'"-' (i) The location of the landfill;
1,i (ii) A detailed description ·of the
. landfill including general site plans
·· i~&nd design drawings;
0' ;i,: (iii) An engineering report describing
,,the manner is which the landfill com-
1·1,~Plies with the requirements for chemi-
"t,cal waste landfills specified in para-
. lrraph (b) of this section; i (iv) Sampling and monitoring equip-
-,, ment and facilities available·
·'. :· (v) Expected waste volum~s of PCBs;
:: .-.. (Vi) General description of waste ma-
, ~rials other than PCBs that are ex-\1'' Cted to be disposed of in the landfill; \\~·
§ 761.75
(vii) Landfill operations plan as re-
quired in paragraph (b) of this section;
(viii) Any local, State, or Federal
permits or approvals; and
(ix) Any schedules or plans for com-
plying with the approval requirements
of these regulations.
(2) Other information. In addition to
the information contained in the re-
port described in paragraph (c)(l) of
this section, the Regional Adminis-
trator may require the owner or opera-
tor to submit any other information
that the Regional Administrator finds
to be reasonably necessary to deter-
mine whether a chemical waste landfill
should be approved. 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 sec-
tion 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 para-
graph (b) of this section.
(ii) In addition to the requirements of
paragraph (b) of this section, the Re-
gional Administrator may include in
an approval any other requirements or
provisions that the Regional Adminis-
trator finds are necessary to ensure
that operation of the chemical waste
landfill does not present an unreason-
able risk of injury to health or the en-
vironment 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 Re-
gional Administrator any instance
when PCBs are detectable during mon-
itoring activities conducted pursuant
to paragraph (b)(6) of this section.
(4) Waivers. An owner or operator of a
chemical waste landfill may submit
evidence to the Regional Adminis-
trator 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 re-
quirements of paragraph (b) of this sec-
tion are not met. On the basis of such
evidence and any other available infor-
mation, the Regional Administrator
may in his discretion find that one or
r~ 473
§ 761.79
more of the requirements of paragraph
(b) of this section is not necessary 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.
(5) Persons approved. Any approval
will designate the persons who own and
who are authorized to operate the
chemical waste landfill, and will apply
only to such persons, except as pro-
vided by paragraph (c)(7) of this sec-
tion.
(6) Final approval. Approval of a
chemical waste landfill will be in writ-
ing and will be signed by the Regional
Administrator. The approval will state
all requirements applicable to the ap-
proved landfill.
(7) Transfer of property. Any person
who owns or operates an approved
chemical waste landfill must notify
EPA at least 30 days before transfer-
ring ownership in the property or
transferring the right to conduct the
chemical waste landfill operation. The
transferor must also submit to EPA, at
least 30 days before such transfer, a no-
tarized affidavit signed by the trans-
feree which states that the transferee
will abide by the transferor's EPA
chemical waste landfill approval. With-
in 30 days of receiving such notifica-
tion and affidavit, EPA will issue an
amended approval substituting the
transferee's name for the transferor's
name, or EPA may require the trans-
feree to apply for a new chemical waste
landfill approval. In the latter case, the
transferee must abide by the transfer-
or's EPA approval until EPA issues the
new approval to the transferee.
(Sec. 6, Pub. L. 94---469, 90 Stat. 2020 (15 U.S.C.
2605 )
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 48 FR
5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53
FR 12524, Apr. 15, 1988; 53 FR 21641, June 9,
1988; 57 FR 13323, Apr. 16, 1992)
§ 761. 79 Decontamination ..
(a) Any PCB Container to be decon-
taminated shall be decontaminated by
flushing the internal surfaces of the
container three times with a solvent
containing less than 50 ppm PCB. The
solubility of PCBs in the solvent must
40 CFR Ch. I (7-1-94 Edition)
be five 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
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 result-
ing from the decontamination proce-
dures shall be disposed of in accordance
with the provisions of §761.60(a)(4).
(b) Movable equipment used in stor-
age areas shall be decontaminated by
swabbing surfaces that have contacted
PCBs with a solvent meeting the cri-
teria of paragraph (a) of this section.
NOTE: Precautionary measures should be
taken to ensure that the solvent meets safe-
ty and health standards as required by appli-
cable Federal regulations.
[44 FR 31542. May 31 , 1979. Redesignated at 47
FR 19527, May 6, 1982)
Subpart E-Exemptions
§ 761.80 Manufacturing,
and distribution in
emptions.
(a) The Administrator grants the fol-
lowing petitioner(s) an exemption for 1, J
year to process and distribute ~n com-'., ~
merce PCBs for use as a mounting me-• •,·
di um in microscopy: '' ' · '•"
(1) Mccrone Accessories Components, ,
Division of Walter C. Mccrone Assoc!-, ·•
ates, Inc., 2820 South Michigan Avenue,. ,1.
Chicago, IL. 60616. -1~ .·y
(2) [Reserved] · •. ,·•;
(b) The Administrator grants the fol-,,, ,
lowing petitioner(s) an exemption for 1, · ....
year to process and distribute in com-t <_
merce PCBs for use as a mounting me-,, '
dium in microscopy, an immersion oil
in low fluorescence microscopy and all)
optical liquid: ~t·;
(1) R.P. Cargille Laboratories, Inc., 55J '·
Commerce Road, Cedar Grove, N._ •t
07009. .,4
(2) [Reserved] 'a;_· '
(c) The Administrator grants the fok
lowing petitioner(s) an exempt~on ~:
year to export PCBs for use in
quantities for research and develOP.i
ment: ·1t-
(l) Accu-Standard, New Haven, C'tr.
06503.
474
Environmental Protection Agency
(2) ManTech, Research Triangle
park, NC 27709.
, {d) The Administrator grants the fol-
lowing petitioner(s) an exemption for 1
year to import (manufacture) into the
United States, small quantities of ex-
isting PCB fluids from electrical equip-
ment for analysis:
(1) Unison Transformer Services,
Inc., Tarrytown, N.Y. 10591, provided
each of the following conditions are
met: _ (i) The samples must be shipped in 5.0
ml or less, hermetically sealed vials.
(ii) The exemption is limited to no
more than 250 total samples per year.
(iii) Unison makes quarterly inspec-
tions of its laboratories to ensure that
proper safety procedures are being fol-
lowed.
(iv) Unison annually notifies and de-
scribes to EPA its attempts to have
samples analyzed abroad.
; (2) [Reserved]
t; (e) [Reserved]
-(0 The Administrator grants the fol-
lowing petitioner(s) an exemption for 1
year to manufacture PCBs for use in
small quantities for research and de-
velopment:
~ (1) California Bionuclear Corp., Sun
Valley, CA 91352 (ME-13).
: (2) Foxboro Co., North Haven, CT
06473 (ME-6).
(3) ULTRA-Scientific, Inc.,Hope, RI
0'2831 (ME-99.1).
·~ (4) Midwest Research Institute, Kan-
sas City, MO 64110 (ME-70.1).
• (5). Pathfinder Laboratories, St.
Louis, MO 63146 (A division of Sigma
Aldridge Corporation, St. Louis, MO,
63178 (ME-76).
"(6) Radian Corp., Austin, TX 78766
(~1.2).
(7) Wellington Sciences USA, College
Station, TX 77840 (ME-104.1).
(8) Accu-Standard, 25 Science Park,
~ew Haven, CT. 06503.
(g) The Administrator grants a class
ixemption to all processors and dis-
:11butors of PCBs in small quantities or: research and development provided
hat the following conditions are met:
(1): All processors and distributors
~ust maintain records of their PCB ac-
.ittes for a period of 5 years.
(2) Any person or company which ex-:ta to process or distribute in com-
rce 100 grams (.22 lb) or more PCBs
§ 761.80
in 1 year must report to EPA identify-
ing the sites of PCB activities and the
quantity of PCBs to be processed or
distributed in commerce.
(h) The Administrator grants the fol-
lowing petitioners an exemption for 1
year to process and distribute in com-
merce PCBs for analytical reference
samples derived from actual waste ma-
terials:
(1) R.T. Corporation, Laramie, WY
82070.
(2) [Reserved]
{i)-(1) [Reserved]
(m) The Administrator grants the
following petitioner(s) an exemption
for 1 year to process and export small
quantities of PCBs for research and de-
velopment:
(1) Chem Service, Inc., West Chester,
PA 19380 (PDE-41).
(2) Foxboro Co., North Haven, CT
06473 (ME-6).
(3) PolyScience Corp., Niles, IL 60648
(PDE-178).
(4) ULTRA-Scientific, Inc., Hope, RI
02831 (PDE-282.1).
(5) Supelco, Inc., Bellefonte, PA
16823--0048 (PDE-41.2).
(6) Radian Corp., Austin, TX 78766
(PDE-182.1).
(7) Restek Corporation, Bellefonte,
PA
(n) The 1-year exemption granted to
petitioners in paragraphs (a) through
(c)(l), (d), (f), and (m)(l) through (m)(6)
of this section shall be renewed auto-
matically as long as there is no in-
crease in the amount of PCBs to be
processed and distributed, imported
(manufactured), or exported, nor any
change in the manner of processing and
distributing, importing (manufactur-
ing), or exporting of PCBs. If there is
such a change, a new exemption peti-
tion must be submitted to EPA and it
will be addressed through an exemption
rulemaking. In such a case, the activi-
ties granted under the existing exemp-
tion may continue until the new peti-
tion is addressed by rulemaking, but
must conform to the terms of the exist-
ing exemption approved by EPA. The 1-
year exemption granted to petitioners
in paragraphs (c)(2), (h) and (m)(7) of
this section may be extended pursuant
to 40 CFR 750.ll(e) or 750.3l(e).
(o) The 1-year class exemption grant-
ed to all processors and distributors of
475
§ 761.120
PCBs in small quantities for research
and development in paragraph (g) of
this section shall be renewed automati-
cally unless information is submitted
affecting EPA's conclusion that the
class exemption, or the activities of
any individual or company included in
the exemption, will not pose an unrea-
sonable risk of injury to health or the
environment. EPA will evaluate the in-
formation, issue a proposed rule for
public comment, and issue a final rule
affecting the class exemption or indi-
viduals or companies included in the
class exemption. Until EPA issues a
final rule, individuals and companies
included in the class exemption will be
allowed to continue processing and dis-
tributing PCBs in small quantities for
research and development.
[55 FR 38999, Sept. 24, 1990, as amended at 59
FR 16998, Apr. 11, 1994)
Subpart F-(Reserved)
Subpart G-PCB Spill Cleanup
Polley
SOURCE: 52 FR 10705, Apr. 2, 1987, unless
otherwise noted.
§ 761.120 Scope.
(a) General. This policy establishes
criteria EPA will use to determine the
adequacy of the cleanup of spills re-
sulting from the release of materials
containing PCBs at concentrations of
50 ppm or greater. The policy applies to
spills which occur after May 4, 1987.
(1) Existing spills (spills which oc-
curred prior to May 4, 1987, are ex-
cluded from the scope of this policy for
two reasons:
(i) For old spills which have already
been discovered, this policy is not in-
tended to require additional cleanup
where a party has already cleaned a
spill in accordance with requirements
imposed by EPA through its regional
offices, nor is this policy intended to
interfere with ongoing litigation of en-
forcement actions which bring into
issue PCB spills cleanup.
(ii) EPA recognizes that old spills
which are discovered after the effective
date of this policy will require site-by-
site evaluation because of the likeli-
hood that the site involves more perva-
40 CFR Ch. I (7-1-94 Edlti
sive PCB contamination than ,fr
spills and because old spills are ·,
erally more difficult to clean up t·
fresh spills (particularly on poroua ;
faces such as concrete). Therer1 spills which occurred before the er·
ti ve date of this policy are to be d~
taminated to requirements estab11a··
at the discretion of EPA, ;u8iu
through its regional offices. ·; :;'r.,~,
(2) EPA expects most PCB spills 1 ject to the TSCA PCB regulations
conform to the typical spill sitlia.ttc
considered in developing this ::poll
This policy does, however, :eitcll
from application of the final numert
cleanup standards certain spill alt,
tions from its scope: Spills d1rec
into surface waters, drinking wa.t
sewers, grazing lands, and vegeta
gardens. These types of spills are 'it
ject to final cleanup standards to be .
tablished at the discretion of the"';
gional office. These spills are, howev
subject to the immediate notiffcati
requirements and measures to1inl:
mize further environmental co~tat
nation. . . 6f5
(3) For all other spills, EPA genen1
expects the decontamination stan4&t
of this policy to apply. Occasion.all
some small percentage of spills c,~vef
by this policy may warrant more a\rl
gent cleanup requirements beca.W
additional routes of exposure od1Ignl.
cantly greater exposures than th~)
sumed in developing the final cl~\
standards of this policy. While t~,e~
regional offices have the authoritf 11:
require additional cleanup in these·~
cumstances, the Regional A~
trator must first make a finding~
on the specific facts of a spill t~1~~
ditional cleanup must occur to Pl!I •,.
unreasonable risk. In addition,~ .
final decision is made to requ~~ ....
tional cleanup, the Regional AQIIWll-
trator must notify the Director/~
of Pollution Prevention and T(!xl. '
Headquarters of his/her finding ·
basis for the finding. n
( 4) There may also be exce -~
spill situations that requires~le~. gent cleanup or a different a.pp . , I
cleanup because of factors , ~
with the particular spill. These ,.
may mitigate expected expos~
risks or make cleanup to thes~,
ments impracticable. ',!
476
fllvlronmental Protection Agency
(bl Spills that may requ_ire m?re . strin-
. t cleanup levels. For spills w1thm the
ft1I pe of this policy, EPA generally re-
,co ns. under § 761.135, the author~ ty. to
cal !re additional cleanup upon fmdmg :i~ despite good faith efforts by the
a~nsible party, the _numerical ~e-res tamination levels m the pol!cy :~e not been met. In addition, EPA
foresees the possibility of exceptio~~l
ill situations in which s1te-spec1f1c
.. ~sk factors may warrant additi~nal
1 cleanup to more stringent numerical
decontamination levels than are re-
quired by the policy. In these situa-
Uons. the Regional Administrator has
· the authority to require cleanup to lev-
tl.s lower than those included in this
policy upon finding that further clean-
up must occur to preven~ ~nreasonab_le
risk. The Regional Adm1mstrator will
·consult with the Director, Office of
'Pollution Prevention and Toxics, prior
. lo making such a finding.
, .• ,:(1) For example, site-specific charac-
'tertst!cs, such as short depth to ground
.•,,Yater, type of soil, or the presence of a
, illlallow well, may pose exceptionally ·. '-;~h potential for ground water con-
., ;taJ:nination by PCBs remaining after
· ,cleanup to the standards specified in
:·this policy. Spills that pose such a high
·:degree of potential for ground water
1C:Ontamination have not been excluded
· ·.trom the policy under paragraph (d) of
,lhla section because the presence of
,IQch potential may not be readily ap-
Jl&rent. EPA feels that automatically
·ucluding such spills from the scope of
·.the policy could result in the delay of
.cleanup-a particularly undesirable
outcome if potential ground water con-
. ;l&mination is, in fact, a significant
·CIOncern.
(2) In those situations, the Regional
Administrator may require cleanup in
addition to that required under § 761.125
(b) and (c). However, the Regional Ad-
-~!trator must first make a finding,
-u on the specific facts of a spill,
that additional cleanup is necessary to
:event unreasonable risk. In addition,
-,~ .. fore making a final decision on addi-
, · u Otla} cleanup, the Regional Adminis-
~r must notify the Director of the 'fox1 ce of Pollution Prevention and
..__ ca of his finding and the basis for -nnding.
§761.120
(c) Flexibility to allow less stringent or
alternative requirements. EPA retains
the flexibility to allow less stringent or
alternative decontamination measures
based upon site-specific considerations.
EPA will exercise this flexibility if the
responsible party demonstrates that
cleanup to the numerical decontamina-
tion levels is clearly unwarranted be-
cause of risk-mitigating factors, that
compliance with the procedural re-
quirements or numerical standards in
the policy is impracticable at a par-
ticular site, or that site-specific char-
acteristics make the costs of cleanup
prohibitive. The Regional Adminis-
trator will notify the Director of OPPT
of any decision and the basis for the de-
cision to allow less stringent cleanup.
The purpose of this notification is to
enable the Director of OPPT to ensure
consistency of spill cleanup standards
under special circumstances across the
regions .
(d) Excluded spills. (1) Although the
spill situations in paragraphs (d)(2) (i)
through (vi) of this section are ex-
cluded from the automatic application
of final decontamination standards
under §761.125 (b) and (c), the general
requirements under § 761.125(a) do apply
to these spills. In addition, all of these
excluded situations require prac-
ticable, immediate actions to contain
the area of contamination. While these
situations may not always require
more stringent cleanup measures, the
Agency is excluding these scenarios be-
cause they will always involve signifi-
cant factors that may not be ade-
quately addressed by cleanup standards
based upon typical spill charact eris-
tics .
(2) For the spill situations in para-
graphs (d)(2)(i ) through (vi) of this sec-
tion, the responsible party shall decon-
taminate the spill in accordance with
site-specific requirements established
by the EPA regional offices.
(i) Spills that result in the direct
contamination of surface waters (sur-
face waters include, but are not limited
to, "waters of the United States" as
defined in Part 122 of this chapter,
ponds, lagoons, wetlands, and storage
reservoirs).
(ii) Spills that result in the direct
contamination of sewers or sewage
treatment systems.
477
§ 761.123
(iii) Spills that result in the direct
contamination of any private or public
drinking water sources or distribution
systems.
(iv) Spills which migrate to and con-
taminate surface waters, sewers, or
drinking water supplies before cleanup
has been completed in accordance with
this policy.
(v) Spills that contaminate animal
grazing lands.
(vi) Spills that contaminate vegeta-
ble gradens.
(e) Relationship of policy to other stat-
utes. (1) This policy does not affect
cleanup standards or requirements for
the reporting of spills imposed, or to be
imposed, under other Federal statutory
authorities, including but not limited
to, the Clean Water Act (CWA), the Re-
source Conservation and Recovery Act
(RCRA), and the Comprehensive Envi-
ronmental Response Compensation and
Liability Act of 1980 (CERCLA) as
amended by the Superfund Amend-
ments and Reauthorization Act
(SARA). Where more than one require-
ment applies, the stricter standard
must be met.
(2) The Agency recognizes that the
existence of this policy will inevitably
result in attempts to apply the stand-
ards to situations within the scope of
other statutory authorities. However,
other statutes require the Agency to
consider different or alternative fac-
tors in determining appropriate correc-
tive actions. In addition, the types and
magnitudes of exposures associated
with sites requiring corrective action
under other statutes often involve im-
portant differences from those ex-
pected of the typical, electrical equip-
ment-type spills considered in develop-
ing this policy. Thus, cleanups under
other statutes, such as RCRA correc-
tive actions or remedial and response
actions under SARA may result in dif-
ferent outcomes.
§ 761.123 Definitions.
For purposes of this policy, certain
words and phrases are used to denote
specific materials, procedures, or cir-
cumstances. The following definitions
are provided for purposes of clarity and
are not to be taken as exhaustive lists
of situations and materials covered by
the policy.
40 CFR Ch. I (7-1-94 Editloro \~:
\
Double wash/rinse means a mini ·
requir~ment ~o cleanse solid surr l'llllQa
(both . imper:710us and nonimper.i ~
two times with an appropriate sol OUa)
or other material in which PCBs :.eent,
least 5 percent soluble (by weight) at,
volume of PCB-free fluid sufficient . .\
cover the contaminated surface c to
1 . orn-P_ etely must be. used m each W&abf
rmse. The wash/rmse requirement d
not mean the mere spreading of soJv~
or other fluid over the surface, nor dO:.
t~e requirement mean a once-over wipe
with a soaked cloth. Precautions ffitU\
be taken to contain any runoff result-
ing from the cleansing and to d.iSl)Ollt
properly of wastes generated durttll'
the cleansing.
High-concentration PCBs means PC& :'.,
that contain 500 ppm or greater PCBt., i·; '
or those materials which EPA requirel ,:;
to be assumed to contain 500 ppm or
greater PCBs in the absence of testin,. ·-.
High-contact industrial surface meau '
a surface in an industrial setting which ·, ·
is repeatedly touched, often for rel• · ··
atively long periods of time. Manne.$ ,
machinery and control panels are u:-,;;z.;.
amples of high-contact industrial ~-:;,
faces. High-contact industrial surface&~•,'.
are generally of impervious solid ~ ::t
rial. Examples of low-contact ind~ :_
trial surfaces include ceilings, w~: %
floors, roofs, roadways and sidewalks -.;;_;
in the industrial area, utility poles, Ull"!"·l
manned machinery, concrete pads be-,);\
neath electrical equipment, curbl.n, •• ~r
exterior structural building compc>: _>:
nents, indoor vaults, and pipes. ·-/
High-contact residentiaVcommercial .na'• · .. · ·
face means a surface in a residential(~ '
commercial area which is repeatedlJ '4·
touched, often for relatively long perls ;,_
ods of time. Doors, wall areas below I ,::
feet in height, uncovered noorinr. ·-•t
windowsills, fencing, bannisters, sta.irl,,. :;-
automobiles, and children's play areA,I i
such as outdoor patios and sidewa.llr:I •~.
are examples of high-contact resideD-. J,..
tial/commercial surfaces. Exampl«::5_,~:'!\{;
low-contact residential/commeiu-,.~·
surfaces include interior ceiHngs, in~.i
rior wall areas above_ 6 feet m he~---~
roofs, asphalt roadways, concrete __ _. .. ;.
ways, wooden utility poles, unm~
machinery, concrete pads beneath~or
trical equipment, curbing, ex ,·:
structural building components (e-1 .. · ~-
478
Environmental Protection Agency
aluminum/vinyl siding, cinder block,
asphalt tiles), and pipes.
Impervious solid surfaces means solid
surfaces which are nonporous and thus
unlikely to absorb spilled PCBs within
the short period of time required for
cleanup of spills under this policy. Im-
pervious solid surfaces include, but are
not limited to, metals, glass, alu-
minum siding, and enameled or lami-
nated surfaces.
Low-concentration PCBs means PCBs
that are tested and found to contain
less than 500 ppm PCBs, or those PCB-
containing materials which EPA re-
quires to be assumed to be at con-
centrations below 500 ppm (i.e.,
untested mineral oil dielectric fluid).
Nonimpervious solid surfaces means
solid surfaces which are porous and are
more likely to absorb spilled PCBs
prior to completion of the cleanup re-
quirements prescribed in this policy.
Nonimpervious solid surfaces include,
but are not limited to, wood, concrete,
asphalt, and plasterboard.
Nonrestricted access areas means any
area other than restricted access, out-
door electrical substations, and other
restricted access locations, as defined
in this section. In addition to residen-
tial/commercial areas, these areas in-
clude unrestricted access rural areas
(areas of low density development and
l)Opulation where access is uncon-
trolled by either man-made barriers or
naturally occurring barriers, such as
rough terrain, mountains, or cliffs).
Other restricted access (nonsubstation)
locations means areas other than elec-
trical substations that are at least 0.1
kilometer (km) from a residential/com-
mercial area and limited by man-made
barriers (e.g., fences and walls) to sub-
stantially limited by naturally occur-
ring barriers such as mountains, cliffs,
or rough terrain. These areas generally
include industrial facilities and ex-
tremely remote rural locations. (Areas
Where access is restricted but are less
than 0.1 km from a residential/commer-
cial area are considered to be residen-
tial/commercial areas.)
Outdoor electrical substations means
outdoor, fenced-off, and restricted ac-
cess areas used in the transmission
~d/or distribution of electrical power
Utdoor electrical substations restrict
PUbl!c access by being fenced or walled
§ 761.123
off as defined under § 761.30(l)(l)(ii). For
purposes of this TSCA policy, outdoor
electrical substations are defined as
being located at least 0.1 km from a
residential/commercial area. Outdoor
fenced-off and restricted access areas
used in the transmission and/or dis-
tribution of electrical power which are
located less than 0.1. km from a resi-
dential/commercial area are considered
to be residential/commercial areas.
PCBs means polychlorinated biphen-
yls as defined under § 761.3. As specified
under §761.l(b), no requirements may
be avoided through dilution of the PCB
concentration.
Requirements and standards means:
(1) "Requirements" as used in this
policy refers to both the procedural re-
sponses and numerical decontamina-
tion levels set forth in this policy as
constituting adequate cleanup of PCBs.
(2) "Standards" refers to the numeri-
cal decontamination levels set forth in
this policy.
ResidentiaUcommercial areas means
those areas where people live or reside,
or where people work in other than
manufacturing or farming industries.
Residential areas include housing and
the property on which housing is lo-
cated, as well as playgrounds, road-
ways, sidewalks, parks, and other simi-
lar areas within a residential commu-
nity. Commercial areas are typically
accessible to both members of the gen-
eral public and employees and include
public assembly properties, institu-
tional properties, stores, office build-
ings, and transportation centers.
Responsible party means the owner of
the PCB equipment, facility, or other
source of PCBs or his/her designated
agent (e.g., a facility manager or fore-
man).
Soil means all vegetation, soils and
other ground media, including but not
limited to, sand, grass , gravel, and
oyster shells. It does not include con-
crete and asphalt.
Spill means both intentional and un-
intentional spills, leaks, and other un-
controlled discharges where the release
results in any quantity of PCBs run-
ning off or about to run off the exter-
nal surface of the equipment or other
PCB source, as well as the contamina-
tion resulting from those releases. This
policy applies to spills of 50 ppm or
479
§761.125
greater PCBs. The concentration of
PCBs spilled is determined by the PCB
concentration in the material spilled
as opposed to the concentration of
PCBs in the material onto which the
PCBs were spilled. Where a spill of
untested mineral oil occurs, the oil is
presumed to contain greater than 50
ppm, but less than 500 ppm PCBs and is
subject to the relevant requirements of
this policy.
Spill area means the area of soil on
which visible traces of the spill can be
observed plus a buffer zone of 1 foot be-
yond the visible traces. Any surface or
object (e.g., concrete sidewalk or auto-
mobile) within the visible traces area
or on which visible traces of the spilled
material are observed is included in
the spill area. This area represents the
minimum area assumed to be contami-
nated by PCBs in the absence of
precleanup sampling data and is thus
the minimum area which must be
cleaned.
Spill boundaries means the actual
area of contamination as determined
by postcleanup verification sampling
or by precleanup sampling to deter-
mine actual spill boundaries. EPA can
require additional cleanup when nec-
essary to decontaminate all areas with-
in the spill boundaries to the levels re-
quired in this policy (e.g., additional
cleanup will be required if postcleanup
sampling indicates that the area decon-
taminated by the responsible party,
such as the spill area as defined in this
section, did not encompass the actual
boundaries of PCB contamination).
Standard wipe test means, for spills of
high-concentration PCBs on solid sur-
faces, a cleanup to numerical surface
standards and sampling by a standard
wipe test to verify that the numerical
standards have been met. This defini-
tion constitutes the minimum require-
ments for an appropriate wipe testing
protocol. A standard-size template (10
centimeters (cm) x 10 cm) will be used
to delineate the area of cleanup; the
wiping medium will be a gauze pad or
glass wool of known size which has
been saturated with hexane. It is im-
portant that the wipe be performed
very quickly after the hexane is ex-
posed to air. EPA strongly recommends
that the gauze (or glass wool) be pre-
pared with hexane in the laboratory
40 CFR Ch. I (7-1-94 Edition)
and that the wiping medium be storect
in sealed glass vials until it is used for
the wipe test. Further, EPA requires
the collection and testing of field
blanks and replicates.
[52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19
1987) '
§ 761.125 Requirements for PCB spUJ
cleanup.
(a) General. Unless expressly limited,
the reporting, disposal, and precleanup
sampling requirements in paragraphs
(a) (1) through (3) of this section apply
to all spills of PCBs at concentrations
of 50 ppm or greater which are subject
to decontamination requirement, ,
under TSCA, including those spills list-
ed under §761.120(b) which are excluded :•
from the cleanup standards at para. '
graphs (b) and (c) of this section. 'i ·
(1) Reporting requirements. The report-f
ing in paragraphs (a)(l) (i) through (iv)~:',
of this section is required in addition··~
to applicable reporting requirementi };
under the Clean Water Act (CWA) or ?.
the Comprehensive Environmental R&-_(,,
sponse Compensation and Liability Act :<i
of 1980 (CERCLA). For example, under % .
the National Contingency Plan all 1
spills involving 10 pounds or more by .J
weight of PCBs must currently be r&-,j
ported to the National Response Center0!:
(1-800--424-8802). The requirements lh.:J~
paragraphs (a)(l) (i) through (iv) of thil,: · ,
section are designed to be consistent.1.~ .. ~
with existing reporting requirementa -:.,,. '•
to the extent possible so as to rrum:;1,
mize reporting burdens on governmental(
as well as the regulated community;~<ll,.-}
(i) Where a spill directly contamf1}
nates surface water, sewers, or drlnk:1i~
ing water supplies, as discussed undal'\~
§ 761.120(d), the responsible party shall tc;'
notify the appropriate EPA regional of•.,:;,'.
f~c~ (the Office_ of Prevention, Pet-;J
t1c1des and Toxic Substances Bran~,· ·
and obtain guidance for appropriate·
cleanup measures in the shortest
sible time after discovery, but in .
case later than 24 hours after diSCO
ery. :
(ii) Where a spill directly con =--~
nates grazing lands or vegetable P',:
dens, as discussed under §761.120Cd), ~
responsible party shall notify the .
propriate EPA regional office (the
fice of Prevention, Pesticides· -~~'M
Toxic Substances Branch) and pr
480
:,vlronmental Protection Agency
ith the immediate requirements spec-
ied under paragraph (b) or (c) of this
3ction, depending on the source of the
Jill, in the shortest possible time after
.scovery, but in no case later than 24
Jurs after discovery.
(iii) Where a spill exceeds 10 pounds
· PCBs by weight and is not addressed
1 paragraph (a)(l) (i) or (ii) of this sec-
on, the responsible party will notify
1e appropriate EPA regional office
'esticides and Toxic Substances
ranch) and proceed to decontaminate
1e spill area in accordance with this
SCA policy in the shortest possible
me after discovery, but in no case
ter than 24 hours after discovery.
(iv) Spills of 10 pounds or less, which
·e not addressed in paragraph (a)(l) (i)
· (ii) of this section, must be cleaned
J in accordance with this policy (in
·der to avoid EPA enforcement liabil-
y), but notification of EPA is not re-
1ired.
(2) Disposal of cleanup debris and mate-
Jls. All concentrated soils, solvents,
.gs, and other materials resulting
om the cleanup of PCBs under this
il!cy shall be properly stored, labeled,
1d disposed of in accordance with the
·ovisions of§ 761.60.
(3) Determination of spill boundaries in
e· absence of visible traces. For spills
here there are insufficient visible
aces yet there is evidence of a leak or ,m, the boundaries of the spill are to
: determined by using a statistically
.sed sampling scheme.
(b) Requirements for cleanup of low-
ncentration spills which involve less
an. 1 pound of PCBs by weight (less
an 270 gallons of untested mineral oil)-
>. Decontamination requirements. Spills
· less than 270 gallons of untested
lneral oil, low-concentration PCBs,
· defined under § 761.123, which involve
SI! than 1 pound of PCBs by weight
;g., less than 270 gallons of untested
tneral oil containing less than 500
,m PCBs) shall be cleaned in the fol-
wing manner:
;I) Solid surfaces must be double
\Shed/rinsed (as defined under
61.123); except that all indoor, resi-
ntial surfaces other than vault areas
ist be cleaned to 10 micrograms per
) square centimeters (10 µg/100 cm2)
standard commercial wipe tests.
§761.125
(ii) All soil within the spill area (i.e.,
visible traces of soil and a buffer of 1
lateral foot around the visible traces)
must be excavated, and the ground be
restored to its original configuration
by back-filling with clean soil (i.e.,
containing less than 1 ppm PCBs).
(iii) Requirements of paragraphs
(b)(l) (i) and (ii) of this section must be
completed within 48 hours after the re-
sponsible party was notified or became
aware of the spill.
(2) Effect of emergency or adverse
weather. Completion of cleanup may be
delayed beyond 48 hours in case of cir-
cumstances including but not limited
to, civil emergency, adverse weather
conditions, lack of access to the site,
and emergency operating conditions.
The occurrence of a spill on a weekend
or overtime costs are not acceptable
reasons to delay response. Completion
of cleanup may be delayed only for the
duration of the adverse conditions. If
the adverse weather conditions, or
time lapse due to other emergency, has
left insufficient visible traces, the re-
sponsible party must use a statistically
based sampling scheme to determine
the spill boundaries as required under
paragraph (a)(3) of this section.
(3) Records and certification. At the
completion of cleanup, the responsible
party shall document the cleanup with
records and certification of decon-
tamination. The records and certifi-
cation must be maintained for a period
of 5 years. The records and certifi-
cation shall consist of the following:
(i) Identification of the source of the
spill (e.g., type of equipment).
(ii) Estimated or actual date and
time of the spill occurrence.
(iii) The date and time cleanup was
completed or terminated (if cleanup
was delayed by emergency or adverse
weather: the nature and duration of
the delay).
(iv) A brief description of the spill lo-
cation.
(v) Precleanup sampling data used to
establish the spill boundaries if re-
quired because of insufficient visible
traces, and a brief description of the
sampling methodology used to estab-
lish the spill boundaries.
(vi) A brief description of the solid
surfaces cleaned and of the double
wash/rinse method used.
481
§ 761.125
(vii) Approximate depth of soil exca-
vation and the amount of soil removed.
(viii) A certification statement
signed by the responsible party stating
that the cleanup requirements have
been met and that the information con-
tained in the record is true to the best
of his/her knowledge.
(ix) While not required for compli-
ance with this policy, the following in-
formation would be useful if main-
tained in the records:
(A) Additional pre-or post-cleanup
sampling.
(B) The estimated cost of the cleanup
by man-hours, dollars, or both.
(c) Requirements for cleanup of high-
concentration spills and low-concentra-
tion spills involving 1 pound or more
PCBs by weight (270 gallons or more of
untested mineral oil). Cleanup of low-
concentration spills involving 1 lb or
more PCBs by weight and of all spills
of materials other than low-concentra-
tion materials shall be considered com-
plete if all of the immediate require-
ments, cleanup standards, sampling,
and recordkeeping requirements of
paragraphs (c) (1) through (5) of this
section are met.
(1) Immediate requirements. The four
actions in paragraphs (c)(l) (i) through
(iv) of this section must be taken as
quickly as possible and within no more
than 24 hours (or within 48 hours for
PCB Transformers) after the respon-
sible party was notified or became
aware of the spill, except that actions
described in paragraphs (c)(l) (ii)
through (iv) of this section can be de-
layed beyond 24 hours if circumstances
(e.g., civil emergency, hurricane, tor-
nado, or other similar adverse weather
conditions, lack of access due to phys-
ical impossibility, or emergency oper-
ating conditions) so require for the du-
ration of the adverse conditions. The
occurrence of a spill on a weekend or
overtime costs are not acceptable rea-
sons to delay response. Owners of
spilled PCBs who have delayed cleanup
because of these types of circumstances
must keep records documenting the
fact that circumstances precluded
rapid response.
(i) The responsible party shall notify
the EPA regional office and the NRC as
required by § 761.125(a)(l) or by other
applicable statutes.
40 CFR Ch. I (7-1-94 Edition) ..
(ii) The responsible party shall effec-
tively cordon off or otherwise delineate
and restrict an area encompassing any
visible traces plus a 3-foot buffer and
place clearly visible signs advising per.
sons to avoid the area to minimize the
spread of contamination as well as the
potential for human exposure.
(iii) The responsible party shall ·
record and document the area of visible ,
contamination, noting the extent or '.
the visible trace areas and the center
of the visible trace area. If there are no ,
visible traces, the responsible party ~
shall record this fact and contact the ~
regional office of the EPA for guidance 1
in completing statistical sampling or 1 the spill area to establish spill bound-j
aries. J
(iv) The responsible party shall initl-,;
ate cleanup of all visible traces of the ·~
fluid on hard surfaces and initiate re-.~-
moval of all visible traces of the spill ,
on soil and other media, such as gravel,(
sand, oyster shells, etc. ·,.,
(v) If there has been a delay in reach-~
ing the site and there are insufficient ,
visible traces of PCBs remaining at the ·
spill site, the responsible party must\,
estimate (based on the amount of rn,..:~·
terial missing from the equipment o
container) the area of the spill and iJn-,,
mediately cordon off the area of su~..!
pect contamination. The responsibl~i.
party must then utilize a statistical! ··
based sampling scheme to identify th
boundaries of the spill area as soon 8'
practicable. · ·
(vi) Although this policy requ
certain immediate actions, as de--
scribed in paragraphs (c)(l)(i) throug •
(iv) of this section, EPA is not placi~
a time limit on completion of th
cleanup effort since the time required
for completion will vary from case ~-.
case. However, EPA expects that d ..
contamination will be achieved;,
promptly in all cases and will conside!;
promptness of completion in dete
ing whether the responsible party
good faith efforts to clean up in acco .
ance with this policy. ·
(2) Requirements for decontaminathtl.
spills in outdoor electrical substatlo
Spills which occur in outdoor electrl
substations, as defined under §761.
shall be decontaminated in accorda!l
with paragraphs (c)(2)(i) and (ii) of ·
section. Conformance to the clean .·
482
environmental Protection Agency
standards under paragraphs (c)(2)(i) and (ii) of this section shall be verified
bJ post-cleanup sampling as specified
under §761.130. At such times as out-
door electrical substations are con-
verted to another use, the spill site
ah&ll be cleaned up to the nonrestricted access requirements under paragraph
{cX4) of this section.
• (i) contaminated solid surfaces (both
impervious and non-impervious) shall be cleaned to a PCB concentration of
100 micrograms (µg)/100 square centi-
meters (cm2) (as measured by standard
wfpe tests).
:, (U) At the option of the responsible p,.rtY, soil contaminated by the spill
will be cleaned either to 25 ppm PCBs
bJ. weight, or to 50 ppm PCBs by weight
provided that a label or notice is visi-
bly placed in the area. Upon dem-
onstration by the responsible party
Uiat cleanup to 25 ppm or 50 ppm will
jeopardize the integrity of the elec-
.\rlc&l equipment at the substation, the
BPA regional office may establish an
il~rnative cleanup method or level .:apdf place t~e responsible party on a
•·z,asonably timely schedule for comple-
, n of cleanup.
~.· (3)~ Requirements for decontaminating (•i. in· other restricted access areas.
,,fW!}.s which occur in restricted access
· ~tions other than outdoor electrical
,:~ta.tions, as defined under § 761.123,
"~"~ decontaminated in accordance
(,J!~'pa.ragraphs (c)(3) (i) through (v) of
, , section. Conformance to the clean-
t&.ndards in paragraphs (c)(3) (i)
µgh., (v) of this section shall be
ed . by postcleanup sampling as
. ed under §761.130. At such times
• 'tricted access areas other than
~oor electrical substations are con-
.' : to another use, the spill site
be cleaned up to the nonrestricted
area requirements of paragraph
ij or this section.
Q).High-contact solid surfaces, as de-
p.nder §761.163 shall be cleaned to
. , 00 cm2 (as measured by standard
-~ts).,.
_l,,ow-contact, indoor, impervious ~ .urraces will be decontaminated P,11100 cm2•
At the option of the responsible
low-contact, indoor, nonimpervi-
v es will be cleaned either to 10 1:m2 or to 100 µg/100 cm2 and en-
§761.125
capsulated. The Regional Adminis-
trator, however, retains the authority
to disallow the encapsulation option
for a particular spill situation upon
finding that the uncertainties associ-
ated with that option pose special con-
cerns at that site. That is, the Re-
gional Administrator would not permit
encapsulation if he/she determined that
if the encapsulation failed the failure
would create an imminent hazard at
the site.
(iv) Low-contact, outdoor surfaces
(both impervious and nonimpervious)
shall be cleaned to 100 µg/100 cm2•
(v) Soil contaminated by the spill
will be cleaned to 25 ppm PCBs by
weight.
(4) Requirements for decontaminating
spills in nonrestricted access areas. Spills
which occur in nonrestricted access lo-
cations, as defined under § 761.123, shall
be decontaminated in accordance with
paragraphs (c)(4)(i) through (v) of this
section. Conformance to the cleanup
standards at paragraphs (c)(4)(i)
through (v) of this section shall be
verified by postcleanup sampling as
specified under § 761.130.
(i) Furnishings, toys, and other eas-
ily replaceable household items shall
be disposed of in accordance with the
provisions of § 761.60 and replaced by
the responsible party.
(ii) Indoor solid surfaces and high-
contact outdoor solid surfaces, defined
as high contact residential/commercial
surfaces under § 761.123, shall be cleaned
to 10 µg/100 cm2 (as measured by stand-
ard wipe tests).
(iii) Indoor vault areas and low-con-
tact, outdoor, impervious solid surfaces
shall be decontaminated to 10 µg/100
cm2•
(iv) At the option of the responsible
party, low-contact, outdoor, nonimper-
vious solid surfaces shall be either
cleaned to 10 µg/100 cm2 or cleaned to
100 µg/100 cm2 and encapsulated. The
Regional Administrator, however, re-
tains the authority to disallow the en-
capsulation option for a particular spill
situation upon finding that the uncer-
tainties associated with that option
pose special concerns at that site. That
is, the Regional Administrator would
not permit encapsulation if he/she de-
termined that if the encapsulation
483
§761.130
failed the failure would create an im-
minent hazard at the site.
(v) Soil contaminated by the spill
will be decontaminated to 10 ppm PCBs
by weight provided that soil is exca-
vated to a minimum depth of 10 inches.
The excavated soil will be replaced
with clean soil, i.e., containing less
than 1 ppm PCBs, and the spill site will
be restored (e.g., replacement of turf).
(5) Records. The responsible party
shall document the cleanup with
records of decontamination. The
records must be maintained for ape-
riod of 5 years. The records and certifi-
cation shall consist of the following:
(i) Identification of the source of the
spill, e.g., type of equipment.
(ii) Estimated or actual date and
time of the spill occurrence.
(iii) The date and time cleanup was
completed or terminated (if cleanup
was delayed by emergency or adverse
weather: the nature and duration of
the delay).
(iv) A brief description of the spill lo-
cation and the nature of the materials
contaminated. This information should
include whether the spill occurred in
an outdoor electrical substation, other
restricted access location, or in a
nonrestricted access area.
(v) Precleanup sampling data used to
establish the spill boundaries if re-
quired because of insufficient visible
traces and a brief description of the
sampling methodology used to estab-
lish the spill boundaries.
(vi) A brief description of the solid
surfaces cleaned.
(vii) Approximate depth of soil exca-
vation and the amount of soil removed.
(viii) Post.cleanup verification sam-
pling data and, if not otherwise appar-
ent from the documentation, a brief de-
scription of the sampling methodology
and analytical technique used.
(ix) While not required for compli-
ance with this policy, information on
the estimated cost of cleanup (by man-
hours, dollars, or both) would be useful
if maintained in the records.
[52 FR 10705, Apr. 2, 1987, as amended at 53
FR 40884, Oct. 19, 1988]
§ 761.130 Sampling requirements.
Postcleanup sampling is required to
verify the level of cleanup under
§761.125(c) (2) through (4). The respon-
40 CFR Ch. I (7-1-94 E
sible party may use any statisticau,1 valid, reproducible, sampling schen1t1
(either random samples or grid sans:;i
pies) provided that the requirement.a oi/:c
paragraphs (a) and (b) of this secttOil
are satisfied. ,
(a) The sampling area is the gr
of (1) an area equal to the area cleane(
plus an additional 1-foot boundary, .
(2) an area 20 percent larger than U.:
original area of contamination. •
(b) The sampling scheme must enslU't'
95 percent confidence against f ,
positives.
(c) The number of samples must t,t:
sufficient to ensure that areas of co
tamination of a radius of 2 feet or mori~
within the sampling area will be ,;il>~
tected, except that the minimum n
ber of samples is 3 and the maxlmllllil
number of samples is 40.
(d) The sampling scheme must: '
elude calculation for expected v
bility due to analytical error.
( e) EPA recommends the use or:· ,
sampling scheme developed by the MJ~
west Research Institute (MRI) for-uil
in EPA enforcement inspections:· ~•v,i.
ification of PCB Spill Cleanup by
pling and Analysis." Guidance for ' ·
use of this sampling scheme is a ·
able in the MRI report "Field Man
for Grid Sampling of PCB Spill Sites
Verify Cleanup." Both the MRI _
piing scheme and the guidance d. .
ment are available from the TSCA ~
sistance Office, Environmental Protecii
tion Agency, Rm. E-543, 401 M St. SW:
Washington, DC 20460 (202-554-1 ,
The major advantage of this sampll.llf
scheme is that it is designed to ch
terize the degree of contamlnatl
within the entire sampling area with
high degree of confidence while u
fewer samples than any other gr!~
random sampling scheme. This
pling scheme also allows some slteS
be characterized on the basis of ,
posite samples. '
(0 EPA may, at its discretion,
samples from any spill site. If EP~
sampling indicates that the remai ,,.
concentration level exceeds the ·.
quired level, EPA will require . ,
cleanup. For this purpose, the n\llll
cal level of cleanup required for 8
cleaned in accordance with §761. r
is deemed to be the equivalent 0
merical cleanup requirements reQ
484
I
~mental Protection Agency
~~; , cleanups under § 761.125(c)(2)
~ugh (4). Using its best engineering
)lldl!_Dent, EPA may sample a statis-&fCallY valid random or grid sampling
CicJulique, or both. When using engi-alerlng judgment or random "grab"
91Dlples, EPA will take into account &r.~ there are limits on the power of a
~•'sample to dispute statistically
iiuecfsa.mpling of the type required of aJ:l responsible party. EPA head-lN,ijters will provide guidance to the IP.A regions on the degree of certainty
ial,ctated with various grab sample re-
~ ~ta.f
-"'--i35 Effect of compliance with
.this policy and enforcement.
a Although a spill of material con-
, ·', 50 ppm or greater PCBs is con-
. ' improper PCB disposal, this Nlfci -establishes requirements that
&considers to be adequate cleanup
e spilled PCBs. Cleanup in accord-
. with this policy means compli-
liciwtth the procedural as well as the
erlcal requirements of this policy.
'pUance with this policy creates a
ption against both enforcement
oli'-f'or penalties and the need for
·"e?,, cleanup under TSCA. The
'cf reserves the right, however, to
'tti'" appropriate action to compel
up where, upon review of the
rd,(,of cleanup or EPA sampling .1.~! _cleanup, EPA finds that the
"8,Illlnation levels in the policy
-~~-t been achieved. The Agency
rves the right to seek pen-
. ~~ere the Agency believes that
,, Ponsible party has not made a
, , .!!',1th effort to comply with all
.~ons of this policy, such as
.. ~Pt notification of EPA of a spill,
-'1' . ,. eeping, etc.
:~EPA's exercise of enforcement
r, ~on does not preclude enforce-
'_ ·~-r.~~on under other provisions of
,.:.or any other Federal statute.
!11,Cludes, even in cases where the
. ~ decontamination levels set
-~ this policy have been met, civil
. action for penal ties where
lieves the spill to have been the ~! irross negligence or knowing on.-
§761.180
Subparts Hand 1-(Reserved)
Subpart J-General Records and
Reports
§761.180 Records and monitoring.
This section contains recordkeeping
and reporting requirements that apply
to PCBs, PCB Items, and PCB storage
and disposal facilities that are subject
to the requirements of the part.
(a) PCBs and PCB Items in service or
projected for disposal. Beginning Feb-
ruary 5, 1990, each owner or operator of
a facility, other than a commercial
storer or a disposer of PCB waste,
using or storing at any · 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
at the facility, or a central facility pro-
vided they are maintained at that fa-
cility, all annual records and the writ-
ten annual document log of the disposi-
tion of PCBs and PCB Items. The writ-
ten annual document log must be pre-
pared for each facility by July 1 cover-
ing the previous calendar year (Janu-
ary through December). The annual
document log shall be maintained for
at least 3 years after the facility ceases
using or storing PCBs and PCB Items
in the quantities prescribed in this
paragraph. Annual records (manifests
and certificates of disposal) shall be
maintained for the same period. The
annual records and the annual docu-
ment log shall be available for inspec-
tion at the facility where they are
maintained by authorized representa-
tives of EPA during normal business
hours, and each owner or operator of a
facility subject to these requirements
shall know the location of these
records. All records and annual docu-
ments required to be prepared and
maintained by this section prior to
February 5, 1990 shall continue to be
maintained at the facility for the same
time as the annual records and the an-
nual document log. The annual docu-
ment required for 1989 shall cover the
period from January 1, 1989 to Feb-
ruary 5, 1990.
(1) The annual records shall include
the following:
485
§761.180
(i) All signed manifests generated by
the facility during the calendar year.
(ii) All Certificates of Disposal that
have been received by the facility dur-
ing the calendar year.
(2) The written annual document log
shall include the following:
(i) The name, address, and EPA iden-
tification number of the facility cov-
ered by the annual document log and
the calendar year covered by the an-
nual document log.
(ii) The unique manifest number of
every manifest generated by the facil-
ity during the calendar year, and from
each manifest and for unmanifested
waste that may be stored at the facil-
ity, the following information:
(A) For bulk PCB waste (e.g., in a
tanker or truck), its weight in kilo-
grams, the first date it was removed
from service for disposal, the date it
was placed into transport for off-site
storage or disposal, and the date of dis-
posal, if known.
(B) The serial number (if available)
or other means of identifying each PCB
Article (e.g., transformer or capacitor},
the weight in kilograms of the PCB
waste in each transformer or capacitor,
the date it was removed from service
for disposal, the date it was placed in
transport for off-site storage or dis-
posal, and the date of disposal, if
known.
(C) A unique number identifying each
PCB Container, a description of the
contents of each PCB Container, such
as liquid, soil, cleanup debris, etc., in-
cluding the total weight of the mate-
rial in kilograms in each PCB Con-
tainer, the first date material placed in
each PCB Container was removed from
service for disposal, and the date each
PCB Container was placed in transport
for off-site storage or disposal, and the
date of disposal (if known).
(D) A unique number identifying each
PCB Article Container, a description of
the contents of each PCB Article Con-
tainer, such as pipes, capacitors, elec-
tric motors, pumps, etc., including the
total weight in kilograms of the con-
tent of each PCB Article Container, the
first date a PCB Article placed in each
PCB Article Container was removed
from service for disposal, and the date
the PCB Article Container was placed
in transport for off-site storage or dis-
40 CFR Ch. I (7-1-94 Edifloro:.
posal, and the date of disposal UC:)
known.) ·•'i (iii) The total number by spec1~,-l
type of PCB Articles and the tot&! 1
weight in kilograms of PCBs in PCB I
Articles, the total number of PCB Art,t.: {
cle Containers and total weight in kilo-l
grams of the contents of PCB Article••:
Conta~ners, the total number of PCB ;
Contamers and the total weight I.Q -j
kilograms of the contents of PCB c011::';
tainers, and the total weight in kl!O:,·'.
grams of bulk PCB waste that waa:~
placed into storage for disposal or <111-° 1
posed during the calendar year. ,~
(iv) The total number of PCB Trans'!~
formers and total weight in kilograma'.;
of PCBs contained in the transformers:-~
remaining in service at the end of the-~
calendar year. -~~
(v) The total number of Large HlgJf
or Low Voltage PCB Capacitors re,;",
maining in service at the end of the
calendar year. , ''.:b
(vi) The total weight in kilograms ot'
any PCBs and PCB Items in PCB Con,.:!'
tainers, including the identification of·
container contents, remaining in sen:•···
ice at the facility at the end of the. cal~~
endar year. • · .. ..,,} , .. ~ .... :.t1w-! (vii) For any PCBs or PCB item ~,;~
ceived from or shipped to another_faclJ ~J
ity owned or operated by the same ge~
erator, the information required un~
paragraph (a)(2)(ii)(A) thrOIIP' ·
(a)(2)(ii)(D) of this section. :.,•~
(viii) A record of each telephone· .. ·
or other means of verification ;
upon by both parties, made to each d~.
ignated commercial storer or d~~
ignated disposer to confirm receipt~~
PCB waste transported by an indepe~J
ent transporter, as required by §761. .:ii'!
(b) Disposers and commercial starers "'?r.i
PCB waste. Beginning February 5, l~\~~
each owner or operator of a facility (
eluding high efficiency boiler o •
ations) used for the commercial ~'4
age or disposal of PCBs and PCB I "'1
shall maintain annual records on~1
disposition of all PCBs and PCB ~.1,.;;•
at the facility and prepare and 111•-l"t.
tain a written annual document .101
that includes the information re<l~
by paragraphs (b)(2) of this section dle4..
PCBs and PCB Items that were he.J1 ~
as PCB waste at the facility. The~
ten annual document log shall be ~
pared by July 1 for the previous
486
11 ,_
"' ·:..'; invtronmental Protection Agency
V eildal' year (January through Decem-
t,er). The written annual document log
s)i&ll be maintained at each facility for
at 1east 3 years after the facility is no
longer used for the storage or disposal
jt:FCBs and PCB Items except that, in &JI~ case of chemical waste landfills, Uie annual document log shall be main-
(alned at least 20 years after the chem-
lcal waste landfill is no longer used for the disposal of PCBs and PCB Items. The annual records shall be maintained
Cor . the same period. The annual
records and written annual document fog shall be available at the facility for
fnapection by authorized representa-
tljes of the EPA. All records and an-n~ documents required to be prepared &iid maintained by this section prior to
February 5, 1990 shall continue to be
maintained at the facility for the same Uine · as the annual records and the an-
nual' document log. The annual docu-'m'ent" for 1989 shall cover the period ffe.'.tp:, January 1, 1989 to February 5,
~; From the written annual docu-,_,• '#i ,log the owner or operator of a fa-
ty must prepare the annual report
' · ntaining the information required by
(~aphs (b)(3)(i) through (b)(3)(vi) of
, thii section for PCBs and PCB Items
,lflaf-were handled as PCB waste at the
: ~ity during the previous calendar ;1 •:(January through December). The
: uaJ report must be submitted by ~; ·•:i~ of each year for the preceding
: endar year. If the facility ceases ~ · • ercial PCB storage or disposal
if~tions, the owner or operator of ~Ulif facility shall provide at least 60
·.• .• ~advance written notice to the Re-
r-~•Ona.l Administrator for the region in
_.w!lfch the facility is located of the date
. Ui~ _facility intends to begin closure. d
i1!0)•The annual records shall include 'jli'e' ~ollowing:
'. • ,-~11 signed manifests generated or
• .,., . lved at the facility during the cal-
.:'. tnd&r Year.
_ (Ur All Certificates of Disposal that '. .. ..._.!, been generated or received by the
,_ --.uity during the calendar year. · <?> The written annual document log
. include the following:
)-The name, address, and EPA iden-
' _cation number of the storage or dis-
, 4oc · facility covered by the annual
-,. llrnent log and the calendar year
vered by the annual document log.
§761.180
(ii) For each manifest generated or
received by the facility during the cal-
endar year, the unique manifest num-
ber and the name and address of the fa-
cility that generated the manifest and
the following information:
(A) For bulk PCB waste (e.g., in a
tanker or truck), its weight in kilo-
grams, the first date PCB waste placed
in the tanker or truck was removed
from service for disposal, the date it
was received at the facility, the date it
was placed in transport for off-site dis-
posal (if applicable), and the date of
disposal, (if known ).
(B) The serial number or other means
of identifying each PCB Article, not in
a PCB Container or PCB Article Con-
tainer, the weight in kilograms of the
PCB waste in the PCB Article, the date
it was removed from service for dis-
posal, the date it was received at the
facility, the date it was placed in
transport for off-site disposal (if appli-
cable), and the date of disposal (if
known).
(C) The unique number assigned by
the generator identifying each PCB
Container, a description of the con-
tents of each PCB Container, such as
liquid, soil, cleanup debris, etc., includ-
ing the total weight of the PCB waste
in kilograms in each PCB Container,
the first date PCB waste placed in each
PCB Container was removed from serv-
ice for disposal, the date it was re-
ceived at the facility, the date each
PCB Container was placed in transport
for off-site storage or disposal (as ap-
plicable), and the date the PCB Con-
tainer was disposed of (if known).
(D) The unique number assigned by
the generator identifying each PCB Ar-
ticle Container, a description of the
contents of each PCB Article Con-
tainer, such as pipes, capacitors, elec-
tric motors, pumps, etc., including the
total weight in kilograms of the PCB
waste in each PCB Article Container,
the first date a PCB Article placed in
each PCB Article Container was re-
moved from service for disposal, the
date it was received at the facility, the
date each PCB Article Container was
placed in transport for off-site storage
or disposal (as applicable), and the date
the PCB Article Container was dis-
posed of (if known).
487
§761.180
(E) Disposers of PCB waste shall in-
clude the confirmed date of disposal for
items in paragraphs (b)(2)(ii)(A)
through (b)(2)(ii)(D) of this section.
(iii) For any PCB waste disposed at a
facility that generated the PCB waste
or any PCB waste that was not mani-
fested to the facility, the information
required under paragraph (b)(2)(ii)(A)
through (b)(2)(ii)(E) of this section.
(3) The owner or operator of a PCB
disposal or commercial storage facility
shall submit an annual report, which
briefly summarizes the records and an-
nual document log required to be m ain-
tained and prepared under paragraphs
(b)(l) and (b)(2) of this section, to the
Regional Administrator of the EPA re-
gion in which the facility is located by
July 15 of each year, beginning with
July 15, 1991. The first annual report
submitted on July 15, 1991, shall be for
the period starting February 5, 1990 and
ending December 31, 1990. The annual
report shall contain no confidential
business information. The annual re-
port shall consist of the information
listed in paragraphs (b)(3)(i) through
(b)(3)(vi) of this section.
(i) The name, address, and EPA iden-
tification number of the facility cov-
ered by the annual report for the cal-
endar year.
(ii) A list of the numbers of all signed
manifests of PCB waste initiated or re-
ceived by the facility during that year.
(iii) The total weight in kilograms of
bulk PCB waste, PCB waste in PCB
Transformers, PCB waste in PCB Large
High or Low Voltage Capacitors, PCB
waste in PCB Article Containers, and
PCB waste in PCB Containers in stor-
age at the facility at the beginning of
the calendar year, received or gen-
erated at the facility, transferred to
another facility, or disposed of at the
facility during the calendar year. The
information must be provided for each
of these categories, as appropriate.
(iv) The total number of PCB Trans-
formers, the total number of PCB
Large High or Low Voltage Capacitors,
the total number of PCB Article Con-
tainers, and the total number of PCB
Containers in storage at the facility at
the beginning of the calendar year, re-
ceived or generated at the facility,
transferred to another facility, or dis-
posed of at the facility during the cal-
40 CFR Ch. I (7-1-94 Edition)
endar year. The information must be
provided for each of these categories
as appropriate. ·
(v) The total weight in kilograms of
each of the following PCB categories:
bulk PCB waste, PCB waste in PCB
Transformers. PCB waste in PCB Large
High or Low Voltage Capacitors, PCB
waste in PCB Article Containers. and
PCB waste in PCB Containers remain-
ing in storage for disposal at the facil-
ity at the end of the calendar year.
(vi) The total number of PCB Trans-
formers. the total number of PCB
Large High or Low Voltage Capacitors
the total number of PCB Article Con~
tainers, and the total number of PCB
Containers remaining in storage for
disposal at the facility at the end or
the calendar year.
(vii) The requirement to submit an-
nual reports to the Regional Adminis-
trator continues until the submission :,-
of the annual report for the calendar ;;,,
year during which the facility ceases ,.
PCB storage or disposal operations. .~
Storage operations have not ceased ~
until all PCB waste, including any PCB ,1
waste generated during closure. has '
been removed from the facility. , ,,
(4) Whenever a commercial storer'o( ';;
PCB waste accepts PCBs or PCB Items · ,;
at his storage facility and transfers the ,·
PCB waste off-site to another facility l_
for storage or disposal, the commerci~ ;[~
storer of PCB waste shall initiate_ a '''i,
manifest under subpart K of this part _',:\':
for the transfer of PCBs or PCB Items <1
to the next storage or disposal facility. :'t
d, NOTE: Any requirements for weights ID "'W
k!logTams of PCBs may be calculated va.luel ii
if the internal volume of PCBs in contalnerty.J
and transformers is known and included Ill>;'~
the reports, together with any assumptlollll 1-l
on the density of the PCBs contained In the {~
containers or tranformers. If the Internal ,{:1'
volume of PCBs is not known, a best esd;,-~
mate may be used. i:f
(c) Incineration facilities. Each owniler1~ .. ;;1~"
or operator of a PCB incinerator fa.c ~-
ity shall collect and maintain for a. P':".
riod of 5 years from the date of collec-
tion the following information, ~n a.d~1,
tion to the information required ...
paragraph (b) of this sectio~: _ • ..'..::
(1) When PCBs are being mcmera.-.
the following continuous and short-'n,;,
terval data: ·,
488
Environmental Protection Agency
y (i) Rate and quantity of PCBs fed to
the combustion system as required in
f761.70(a)(3);
,., (ii) Temperature of the combustion
process as required in §761.70(a)(4); and
i. (Ui) Stack emission product to in-
clude 02, CO, and CO2 as required in
t 761. 70(a)C7).
,,, (2) When PCBs are being incinerated,
data and records on the monitoring of
atack emissions as required in
1761.70(a)(6).
.,. (3) Total weight in kilograms of any
solid residues generated by the inciner-
ation 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 weight in
kilograms of any solid residues remain-
ing ori the facility site.
1''(4)1 When PCBs and PCB Items are
~ing incinerated, additional periodic
data shall be collected and maintained aJJ specified by the Regional Adminis-
ti'ato'r pursuant to § 761.70(d)(4).
lf'(S) Upon any suspension of the oper-ftroli'' of any incinerator pursuant to
f761.70(a)(8), the owner or operator of
·such an incinerator shall prepare a doc-'ument. The document shall, at a mini-mum, include the date and time of the
iuspension and an explanation of the
:~umstances causing the suspension
•ot;,,operation. The document shall be
.l~ht. to the appropriate Regional Ad-
ministrator within 30 days of any such
}iispension. I dJ;' Chemical waste landfill facilities.
.~h· ~wner or operator of a PCB chem-~~ waste landfill facility shall collect
~-:..maintain until at least 20 years
~~ the chemical waste landfill is no
longer used for the disposal of PCBs _ ll!\ ~allowing information in addition
!9!;the information required in para-
pli (b) of this section: ' <.,it Any water analysis obtained in
.Pllance with §761.75(b)(6)(iii); and
~'Any operations records including
coordinates of wastes obtained
,. ~Pliance with § 761.75(b)(8)(ii).
J._.._1\---Jligh efficiency boiler facilities.
~ owner or operator of a high effi-
boiler used for the disposal of ~ between 50 and 500 ppm PCB
&•. _collect and maintain for a period
Years the following information, in
"' ~\
§761.180
addition to the information required in
paragraph (b) of this section:
(1) For each month PCBs are burned
in the boiler the carbon monoxide and
excess oxygen data required in
§ 761.60(a)(2)(iii)(A)(B) and
§ 761.60(a)(3)(iii)(A)(B);
(2) The quantity of PCBs burned each
month as required in
§ 761.60(a)(2)(iii)(A)(7) and
§ 761.60(a)(3)(iii)(A)(7); and
(3) For each month PCBs (other than
mineral oil dielectric fluid) are burned,
chemical analysis data of the waste as
required in § 761.60(a)(3) (iii)(B)(6).
(0 Retention of special records by stor-
age and disposal facilities. In addition to
the information required to be main-
tained under paragraphs (b), (c), (d) and
(e) of this section, each owner or opera-
tor of a PCB storage or disposal facil-
ity (including high efficiency boiler op-
erations) shall collect and maintain for
the time period specified in paragraph
(b) of this section the following data:
(1) All documents, correspondence,
and data that have been provided to
the owner or operator of the facility by
any State or local government agency
and that pertain to the storage or dis-
posal of PCBs and PCB Items at the fa-
cility.
(2) All documents, correspondence,
and data that have been provided by
the owner or operator of the facility to
any State or local government agency
and that pertain to the storage or dis-
posal of PCBs and PCB Items at the fa-
cility.
(3) Any applications and related cor-
respondence sent by the owner or oper-
ator of the facility to any local, State,
or Federal authorities in regard to
waste water discharge permits, solid
waste permits, building permits, or
other permits or authorizations such as
those required by §§761.70(d) and
761.75(c).
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and further redesig-
nated at 47 FR 37360, Aug. 25, 1982; 49 FR
28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988;
54 FR 52750, Dec. 21, 1989; 55 FR 26205, June
27, 1990; 58 FR 34205, June 23, 1993]
489
§761.185
§ 761.185 Certification program and re-
tention of records by importers and
persons generating PCBs in ex-
cluded manufacturing processes.
(a) In addition to meeting the basic
requirements of§ 761.l(f) and the defini-
tion of excluded manufacturing proc-
esses at §761.3, manufacturers with
processes inadvertently generating
PCBs and importers of products con-
taining inadvertently generated PCBs
must report to EPA any excluded man-
ufacturing process or imports for which
the concentration of PCBs in products
leaving the manufacturing site or im-
ported is greater than 2 micrograms
per gram (2 µg/g, roughly 2 ppm) for
any resolvable gas chromatographic
peak. Such reports must be filed by Oc-
tober 1, 1984 or, if no processes or im-
ports require reports at the time, with-
in 90 days of having processes or im-
ports for which such reports are re-
quired.
(b) Manufacturers required to report
by paragraph (a) of this section must
transmit a letter notifying EPA of the
number, the type, and the location of
excluded manufacturing processes in
which PCBs are generated when the
PCB level in products leaving any man-
ufacturing site is greater than 2 µg/g
for any resolvable gas chromatographic
peak. Importers required to report by
paragraph (a) of this section must
transmit a letter notifying EPA of the
concentration of PCBs in imported
products when the PCB concentration
of products being imported is greater
than 2 µg/g for any resolvable gas
chromatographic peak. Persons must
also certify the following:
(1) Their compliance with all applica-
ble requirements of §761.l(f), including
any applicable requirements for air and
water releases and process waste dis-
posal.
(2) Whether determinations of com-
pliance are based on actual monitoring
of PCB levels or on theoretical assess-
ments.
(3) That such determinations of com-
pliance are being maintained.
(4) If the determination of compli-
ance is based on a theoretical assess-
ment, the letter must also notify EPA
of the estimated PCB concentration
levels generated and released.
(c) Any person who reports pursuant
to paragraph (a) of this section:
(1) Must have performed either a the-.,.
oretical analysis or actual monitorillf
of PCB concentrations.
(2) Must maintain for a period or ,i.
three years after ceasing process oper... J.
ations or importation, or for seven
years, whichever is shorter, recorda
containing the following information:
(i) Theoretical analysis. Manufacturel'I d
records must include: the reaction or _1 reactions believed to be generating J
PCBs; the levels of PCBs generated;
and the levels of PCBs released. Im--~
porters records must include: the reao-.i
tion or reactions believed to be gener-J
ating PCBs and the levels of PCBs gen-
erated; the basis for all estimations or ,.
PCB concentrations; and the name and '
qualifications of the person or persona
performing the theoretical analysis; or
(ii) Actual monitoring. (A) The method
of analysis. ~
(B) The results of the analysis, In-'
eluding data from the Quality Assur: • ~
ance Plan. ·
(C) Description of the sample matrix. ..
(D) The name of the analyst or ana-' lysts.
(E) The date and time of the analysis.
(F) Numbers for the lots from which
the samples are taken. ~
(d) The certification required by
paragraph (b) of this section must be
signed by a responsible corporate offi-
cer. This certification must be main•
tained by each facility or importer for
a period of three years after ceasing
process operation or importation, or
for seven years, whichever is shorter,
and must be made available. to EPA
upon request. For the purpose of tha
section, a responsible corporate officer
means:
(1) A president, secretary, treasurer,
or vice-president of the corporation in
charge of a principal business function.
or any other person who performs siml·
lar policy or decision-making functiolll
for the corporation.
(2) The manager of one or more man·
ufacturing, production, or operating r,,..
cili ties employing more than 250 pe~
sons or having gross annual sales or eX•'
penditures exceeding $25,000,000 (in seo-
ond quarter 1980 dollars), if a~thori~
to sign documents has been assigned 0
490
r
g
r
A
:s
:r
r,
:n
n,
,i-
ns
environmental Protection Agency
delegated to the manager in accord-
ance with corporate procedures.
(e) Any person signing a document
under paragraph (d) of this section
shall also make the following certifi-
cation:
I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision in accord-
ance with a system designed to assure that
qualified personnel properly gather and
evaluate information. Based on my inquiry
of the person or persons directly responsible
for gathering information, the information
Is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware
that there are significant penalties for fal-
sifying information, including the possibility
of fines and imprisonment for knowing viola-
tions.
Dated: ---------------
Signature:-------------
(0 This report must be submitted to
the TSCA Document Processing Center
(7407), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 401 M St., SW., Washington,
DC 20460, ATTN: PCB Notification.
This report must be submitted by Octo-
ber 1, 1984 or within 90 days of starting
up processes or commencing importa-
tion of PCBs.
(g) This certification process must be
repeated whenever process conditions
are significantly modified to make the
previous certification no longer valid.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[49 FR 28191, July 10, 1984; 49 FR 33019, Aug.
20, 1984, as amended at 53 FR 12524, Apr. 15,
1988; 58 FR 34205, June 23, 1993; 59 FR 33697,
June 30, 1994]
§761,187 Reporting importers and by
persons generating PCBs in ex-
cluded manufacturing processes.
In addition to meeting the basic re-
quirements of § 761.l(f) and the defini-
tion of excluded manufacturing process
at §761.3, PCB-generating manufactur-
ing processes or importers of PCB-con-
~ining products shall be considered
excluded manufacturing processes"
only when the following conditions are i:net:
· · (a) Data are reported to the EPA by
the owner/operator or importer con-
cerning the total quantity of PCBs in
Product from excluded manufacturing
Processes leaving any manufacturing
§ 761.193
site in any calendar year when such
quantity exceeds 0.0025 percent of that
site's rated capacity for such manufac-
turing processes as of October 1, 1984;
or the total quantity of PCBs imported
in any calendar year when such quan-
tity exceeds 0.0025 percent of the aver-
age total quantity of such product con-
taining PCBs imported by such im-
porter during the years 1978, 1979, 1980,
1981 and 1982.
(b) Data are reported to the EPA by
the owner/operator concerning the
total quantity of inadvertently gen-
erated PCBs released to the air from
excluded manufacturing processes at
any manufacturing site in any calendar
year when such quantity exceeds 10
pounds.
(c) Data are reported to the EPA by
the owner/operator concerning the
total quantity of inadvertently gen-
erated PCBs released to water from ex-
cluded manufacturing processes from
any manufacturing site in any calendar
year when such quantity exceeds 10
pounds.
(d) These reports must be submitted
to the TSCA Document Processing
Center (7407), Office of Pollution Pre-
vention and Toxics, Environmental
Protection Agency, 401 M St., SW.,
Washington, DC 20460, ATTN: PCB No-
tification.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C.
2605)
[49 FR 28192, July 10, 1984, as amended at 53
FR 12524, Apr. 15, 1988; 58 FR 34205, June 23,
1993; 59 FR 33697, June 30, 1994]
§ 761.193 Maintenance of monitoring
records by persons who import,
manufacture, process, distribute in
commerce, or use chemicals con-
taining inadvertently generated
PCBs.
(a) Persons who import, manufac-
ture, process, distribute in commerce,
or use chemicals containing PCBs
present as a result of inadvertent gen-
eration or recycling who perform any
actual monitoring of PCB concentra-
tions must maintain records of any
such monitoring for a period of three
years after a process ceases operation
or importing ceases, or for seven years,
whichever is shorter.
491
§761.202
(b) Monitoring records maintained
pursuant to paragraph (a) of this sec-
tion must contain:
(1 ) The method of analysis.
(2) The results of the analysis, in-
cluding data from the Quality Assur-
ance Plan.
(3) Description of the sample matrix.
(4) The name of the analyst or ana-
lysts.
(5) The date and time of the analysis.
(6) Numbers for the lots from which
the samples are taken.
(Sec. 6, Pub. L. 94---469, 90 Stat. 2020 (15 U.S.C.
2605)
(49 FR 28193, July 10, 1984, as amended at 58
FR 34205, June 23, 1993)
Subpart K-PCB Waste Disposal
Records and Reports
SOURCE: 54 FR 52752, Dec. 21, 1989, unless
otherwise noted.
§ 761.202 EPA identification numbers.
(a) General. Any generator, commer-
cial storer, transporter, or disposer of
PCB waste who is required to have an
EPA identification number under this
subpart must notify EPA of his/her
PCB waste handling activities, using
the notification procedures and form
described in §761.205. EPA will confirm
the EPA identification number of fa-
cilities already assigned one, and will
assign an EPA identification number
to facilities that do not have one.
(b) Prohibitions. After June 4, 1990:
(1) A generator of PCB waste shall
not:
(i) Process, store, dispose of, trans-
port, or offer for transportation PCB
waste without having received an EPA
identification number from the Agen-
cy. A generator of PCB waste who is
exempted from notification under
§761.205(c)(l) or who notifies EPA in a
timely manner under §761.205(c)(2)(i),
but has not yet received a unique iden-
tification number, shall be regarded as
having received from EPA the identi-
fication number "40 CFR PART 761."
(ii) Offer the PCB waste to transport-
ers, disposers, or commercial starers of
PCB waste who have not received an
EPA identification number.
(2) A transporter of PCB waste shall
not:
(i) Transport PCB waste without hav.
ing received an EPA identification
number from EPA.
(ii) Deliver PCB waste to transport-,
ers, disposers, or commercial starers or , ,
PCB waste that have not received a.n
EPA identification number.
(3) A commercial storer of PCB waste
shall not accept any PCB waste for .1 storage without having received a.n l
EPA identification number from EPA. · 1
( 4) A disposer of PCB waste shall not j
accept any PCB waste for disposai ~
without having received an EPA identi-·.~.:i•
fication number from EPA. A disposer 1J
of PCB waste who owns more than one
disposal facility or mobile treatment !
unit shall not accept waste unless the -1~
disposer has received an EPA identt-;'~
fication number for each facility or ::,
mobile unit. "
(c) PCB waste handled prior to effectlw>-1·
date of this subpart. Generators (othe_r,i .. ·
than generators exempt from notifl~. ,,
tion under § 761.205(c)(l)), commercial <·
starers, transporters, and disposers or~~
PCB waste who are required to have .·
EPA identification numbers under thii
subpart, and who were engaged in PCB
waste handling activities on or prior to:!,,
February 5, 1990, are not subject to the $,.
prohibitions of paragraph (b) of th11 ir,
section if they have applied for an EPA~~-
identification number in accordance·;
with the applicable notification pro~ qj
dures of § 761.205. Such persons sh&ll \t
use the EPA identification number "40 { ·1
CFR PART 761," or a number assigned~'
to the persons by EPA or a State und~-fi:
RCRA, until EPA issues to such per-1;•
sons a specific identification number '·
under §761.205(a), (b), or (c). ·
(d) PCB waste first handled after efftc-,f).~
tive date of this subpart. Genera to~'.:
(other than generators exempt from{
notification under §761.205(c)(l)), co~., ,
mercial starers, transporters, and .~i, ,
posers of PCB waste who are reQUm1'l ,
to have EPA identification numbelt,
unde~ this subpart, a1:1d_ ~ho first en:-!
gage m PCB waste act1v1ties after Feb-,
ruary 5, 1990, are subject to the prohiW-:
tions in paragraph (b) of this sectiOIL;·)
§ 761.205 Notification of PCB waste _,
tivity (EPA Form 7710-53). .~ .
(a)(l) All commercial starers,
porters, and disposers of PCB VI
who were engaged in PCB waste
492
f·i
";,·
t_env1ronmental Protection Agency
t ~ activities on or prior to February
i 5, 1990 shall notify EPA of their PCB
·-waste activities by filing EPA Form
f'T'll<Hi3 with EPA by no later than April / fi 1990. Upon receiving the notification ;·corm, EPA will assign an EPA identi-
" ncation number to each entity that no-
f tifles.
-·~ (2) All generators (other than genera-
1;tors exempt from notification under
paragraph (c)(l) of this section), com-
i·mercial storers, transporters, and dis-
-~ posers of PCB waste who first engage
,.tn PCB waste handling activities after
:. February 5, 1990, shall notify EPA of
their PCB waste activities by filing
r EPA Form 7710-53 with EPA prior to
.·engaging in PCB waste handling activi-
,i ties.·,
,~.,'(3) Any person required to notify
'4 EPA under this section shall file with
f EPA Form 7710-53. Copies of EPA Form l rnf53 are available from the Oper-
lr'ation Branch (7404), Office of Pollution
i Pievention and Toxics, Environmental
~Protection Agency, 401 M St. SW,
f w'ashington, DC 20460. Descriptive in-
f rormation and instructions for filling
11tnthe form are included in paragraphs f~*4) (i) through (vii) of this section. 1{(4) All of the following information
,;, aq.&11 -~e provided to EPA on Form 7710-ti;tr,, .
· {~tq':f.he name of the facility, and the
... e of the owner or operator of the
llity.
{ll'>: EPA identification number, if
.,; Previously issued to the facility. ~fi!) The facility's mailing address.
~VJ.The location of the facility.
v). The facility's installation contact
: ~-~lephone number.
,a ~yt). The type of PCB waste activity
~ , ed in at the facility.
· · (Vii) Signature of the signer of the
~-cation statement, typed or print-
n ~D_!lme and official title of signer, and
~Signed.
(~1) EPA has determined that the
. ~rma.tion in paragraphs (a)(4)(i) 'E Ugh (a)(4)(vii) of this section shall 1ifi•·be treated as confidential business
·•rma.tion. This information will be
. tt 0sed to the public without further
· -~ to the submitter unless the sub-
. r Provides a written justification
· tted with the notification form) ?.h demonstrates extraordinary rea-
§761.205
sons why the information should be en-
titled to confidential treatment.
(b) Generators (other than those gen-
erators exempt from notification under
paragraph (c)(l) of this section), com-
mercial storers, transporters, and dis-
posers of PCB waste who have pre-
viously notified EPA or a State of haz-
ardous waste activities under RCRA
shall notify EPA of their PCB waste
activities under this part by filing EPA
Form 7710-53 with EPA by no later
than April 4, 1990. The notification
shall include the EPA identification
number previously issued by EPA or
the State and upon receipt of the noti-
fication, EPA shall verify and author-
ize the use of the previously issued
identification number for PCB waste
activities.
(c)(l) Generators of PCB waste need
not notify EPA and receive unique
EPA identification numbers under this
section, unless their PCB waste activi-
ties are described in paragraph (c)(2) of
this section. Generators exempted from
notifying EPA under this paragraph
shall use the generic identification
number "40 CFR PART 761" on the
manifests, records, and reports which
they shall prepare under this subpart,
unless such generators elect to use a
unique EPA identification number pre-
viously assigned to them under RCRA
by EPA or a State .
(2) Generators of PCB waste who use,
own, service, or process PCBs or PCB
Items shall notify EPA of their PCB
waste activities only if they own or op-
erate PCB storage facilities subject to
the storage requirements of §761.65 (b)
or (c)(7). Such generators shall notify
EPA in the following manner:
(i) Generators storing PCB waste sub-
ject to the storage requirements of
§761.65 (b) or (c)(7) shall notify EPA by
filing EPA Form 7710-53 with EPA by
no later than April 4, 1990.
(ii) Generators who desire to com-
mence storage of PCB waste after Feb-
ruary 5, 1990 shall notify EPA and re-
ceive an EPA identification number be-
fore they may commence storage of
PCBs at their facilities established
under §761.65 (b) or (c)(7).
(iii) A separate notification shall be
submitted to EPA for each PCB storage
facility owned or operated by genera-
tors of PCB waste. Upon receiving
493
§ 761.207
these notifications, EPA will assign
generators unique EPA identification
numbers for each storage facility noti-
fying EPA under this section.
(d) Persons required to notify under
this section shall file EPA Form 7710--53
with EPA by mailing the form to the
following address: Chief, Operation
Branch (7404), Office of Pollution Pre-
vention and Toxics, Environmental
Protection Agency, 401 M St., SW,
Washington, DC 20460.
(e) The requirements under this sec-
tion to notify EPA and obtain EPA
identification numbers shall in no case
excuse compliance by any person sub-
ject to the 1-year limit on storage prior
to disposal under § 761.65(a).
(54 FR 52752, Dec. 21, 1989, as amended at 58
FR 15809, Mar. 24, 1993; 58 FR 34205. June 23,
1993; 59 FR 33697, June 30. 1994]
§ 761.207 The manifest-general re-
quirements.
(a) A generator who relinquishes con-
trol over PCB wastes by transporting,
or offering for transport by his own ve-
hicle or by a vehicle owned by another
person, PCB waste for commercial off-
site storage or off-site disposal shall
prepare a manifest on EPA Form 8700--
22, and if necessary, a continuation
sheet. The generator shall specify:
(1) For each bulk load of PCBs, the
identity of the PCB waste, the earliest
date of removal from service for dis-
posal, and the weight in kilograms of
the PCB waste.
(2) For each PCB Article Container or
PCB Container, the unique identifying
number, type of PCB waste (e.g., soil,
debris, small capacitors), earliest date
of removal from service for disposal,
and weight in kilograms of the PCB
waste contained.
(3) For each PCB Article not in a
PCB Container or PCB Article Con-
tainer, the serial number if available,
or other identification if there is no se-
rial number, the date of removal from
service for disposal, and weight in kilo-
grams of the PCB waste in each PCB
Article.
(b) EPA does not maintain supplies of
printed copies of Form 8700--22 for pub-
lic use, although printed copies of the
manifest may be available from State
offices. Camera-ready copies of the
form are available for printing pur-
40 CFR Ch. I (7-1-94 Edition)
poses from State offices, EPA Regional
Offices, and EPA Headquarters.
(c) If the State to which the ship-
ment is manifested (i.e., consignment
State) supplies the manifest and re-
quires its use, then the generator must
use that manifest.
(d) If the consignment State does not
supply the manifest, but the State in
which the generator is located (i.e.,
generator State) supplies the manifest
and requires its use, then the generator
must use that State's manifest.
(e) If both the consignment State and
the generator State supply manifests
and require their use, the generator
must use the consignment State's
manifest.
(f) If neither the generator State nor
the consignment State supplies the
manifest, the generator may obtain the
manifest from any source.
(g) A generator shall designate on the
manifest one off-site commercial stor-
age or disposal facility approved under
this part for the commercial storage or
disposal of the PCBs and PCB Items de-
scribed on the manifest.
(h) If the transporter is unable to de-
liver the PCB waste to the designated
disposer or commercial storer, the
transporter must contact the generator
of the PCB waste for instructions. The
generator shall either designate an-
other approved disposer or commercial
storer, or instruct the transporter to
return the PCB waste back to the gen-
erator.
(i) The manifest which accompanies
the PCB waste shall consist of at a
minimum the number of copies re-
quired to provide the generator, the
initial transporter, each subsequent
transporter, and the owner or operator
of the designated commercial storage
or disposal facility with one legible
copy each for their records, and one ad-
ditional copy to be returned to the gen-
erator by the owner or operator of the
first designated commercial storage or
disposal facility.
(j) The requirements of this section
apply only to PCB wastes as defined in
§761.3. This includes PCB wastes with
PCB concentrations below 50 ppm
where the PCB concentration below 50
ppm was the result of dilution; these
PCB wastes are required, under
§761.l(b), to be managed as if they con-
494
environmental Protection Agency
ta1ned PCB concentrations greater
tha.n 50 ppm. An example of such a PCB
waste is spill cleanup material contain-
ing less than 50 ppm PCBs when the
spill involved material containing
greater than 50 ppm.
§761.208 Use of the manifest.
(a.)(l) The generator of PCB waste
sha.11: (i) Sign the manifest certification by
lia.nd .
. (ii) Obtain the handwritten signature
of the initial transporter and date of
acceptance on the manifest.
(iii) Retain one copy among its
records in accordance with §761.209(a).
· (iv) Give to the transporter the re-
maining copies of the manifest that
will accompany the shipment of PCB
waste.
· (2) For bulk shipments of PCB waste
within the United States transported
solely by water, the generator shall
send three copies of the manifest dated and signed in accordance with this sec-
tion directly to the owner or operator , ot the designated commercial storage
or.disposal facility. Copies of the mani-
fest are not required for each trans-
1>9rter.
f (3) For rail shipments of PCB waste
within the United States which origi-
nate at the site of generation, the gen-
. era.tor shall send at least three copies , or the manifest dated and signed in ac-
,;C?rdance with this section to:
.,:' (1) The next non-rail transporter, if
,&ny.
• ~-~ (ii) The designated commercial stor-. are or disposal facility if transported
· solely by rail. ;.f(4) When a generator has employed ·;,an independent transporter to trans-
. .,1,ort the PCB waste to a commercial
;,,torer or disposer, the generator shall
'.~ ... ~nfirm by telephone, or by other
·\-~eans of confirmation agreed to by
~~th parties, that the commercial stor-j,,~·: or disposer actually received the
;,t\.:~fested waste. The generator shall
,,y~~rm receipt of the waste by close of
~'!~iness the day after he receives the
: manifest hand-signed by the commer-
·1 · storer or disposer, in accordance
fth Paragraph (c)(l)(iv) of this sec-
"'~n. If the generator has not received
...,e, hand-signed manifest within 35 ~~ after the independent transporter
§761.208
accepted the PCB waste, the generator
shall telephone, or communicate with
by some other agreed-upon means, the
disposer or commercial storer to deter-
mine whether the PCB waste has actu-
ally been received. If the PCB waste
has not been received, the generator
shall contact the independent trans-
porter to determine the disposition of
the PCB waste. If the generator has not
received a hand-signed manifest from
an EPA-approved facility within 10
days from the date of the telephone
call or other agreed upon means of
communication, to the independent
transporter, the generator shall submit
an exception report to the EPA Re-
gional Administrator for the Region in
which the generator is located, as spec-
ified in §761.215. The generator shall re-
tain a written record of all telephone
or other confirmations to be included
in the annual document log, in accord-
ance with §761.180.
(b)(l) A transporter shall not accept
PCB waste from a generator unless it is
accompanied by a manifest signed by
the generator in accordance with para-
graph (a)(l) of this section, except that
a manifest is not required if any one of
the following conditions exists:
(i) The shipment of PCB waste con-
sists solely of PCB wastes with PCB
concentrations below 50 ppm, unless
the PCB concentration below 50 ppm
was the result of dilution, in which
case §761.l(b) requires that the waste
be managed as if it contained PCBs at
the concentration prior to dilution .
(ii) The PCB waste is accepted by the
transporter for transport only to a
storage or disposal facility owned or
operated by the generator of the PCB
waste .
(2) Before transporting the PCB
waste, the transporter shall sign and
date the manifest acknowledging ac-
ceptance of the PCB waste from the
generator. The transporter shall return
a signed copy to the generator before
leaving the generator's facility.
(3) The transporter shall ensure that
the manifest accompanies the PCB
waste.
(4) A transporter who delivers PCB
waste to another transporter, or to the
designated commercial storer or dis-
poser of PCB waste, shall:
495
§761.208
(i) Obtain the date of delivery and
the handwritten signature of the subse-
quent transporter of PCB waste, or of
the owner or operator of the designated
commercial storage or disposal facility
on the manifest.
(ii) Retain one copy of the manifest
in accordance with § 761.209(b).
(iii) Give the remaining copies of the
manifest to the accepting transporter
of PCB waste, or to the designated
commercial storage or disposal facil-
ity.
(5) The requirements of paragraphs
(b) (3) and (4) of this section shall not
apply to transporters of bulk ship-
ments by water if all of the following
conditions are met:
(i) The PCB waste is delivered by
water (bulk shipment) to the des-
ignated commercial storage or disposal
facility.
(ii) A shipping paper containing all
the information required on the mani-
fest (excluding EPA identification
number, generator certification, and
signatures) accompanies the PCB
waste.
(iii) The transporter delivering the
PCB waste obtains the date of delivery
and handwritten signature of the
owner or operator of the designated
commercial storage or disposal facility
on either the manifest or the shipping
paper.
(iv) The person delivering the PCB
waste to the initial water (bulk ship-
ment) transporter obtains the date of
delivery and signature of the water
(bulk shipment) transporter on the
manifest and forwards it to the des-
ignated facility.
(v) A copy of the shipping paper or
manifest is retained by each water
(bulk shipment) transporter in accord-
ance with §761.209(b).
(6) For shipments involving rail
transportation, the requirements of
paragraphs (b) (3) and (b)(4) of this sec-
tion shall not apply. Instead, the re-
quirements described at §263.20(f) of
this chapter for the rail transportation
of hazardous waste apply to such ship-
ments. The rail transporter shall re-
tain one copy of the manifest or rail
shipping paper in accordance with
§ 761.209(b ).
(7) The transporter shall deliver the
entire quantity of PCB waste accepted
40 CFR Ch. I (7-1-94 Edition) \
.;
from a generator or transporter to et .. \
ther of the following destinations:
(i) The designated commercial stor.
age or disposal facility listed on the .
manifest.
(ii) The next designated transporter
of PCB waste.
(8) If the PCB waste cannot be deitv: (~
ered in accordance with paragraph ¥I!
(b)(7) of this section, the transporter -:'
shall contact the generator for furthe~ 'l'
directions and shall revise the manifest . ,
and/or return the PCB waste according ;.
to the generator's instructions. · ,,
(9) No provision of this section shall ..
be construed to affect or limit the ai>-.t
plicability of any requirement applica-,.
ble to transporters of PCB waste under _;
regulations issued by the Department ,';,
of Transportation (DOT) and set forth '{
at 49 CFR part 171. ;~
(c)(l) If a commercial storage or dis-_·y
posal facility receives an off-site shii>-.l
ment of PCB waste accompanied by a-~
manifest, the owner or operator, or hii
agent, shall: -ii
(i) Sign and date each copy of thl\·i •
manifest to certify that the PCB was~ ;ti
covered by the manifest was receive·d.:~ :;?;
(ii) Note any significant discre°p;· •
ancies in the manifest (as defined in·'
§ 761.210(a)(l)) on each copy of the man!:
fest. -~e··
(iii) Immediately give the t~--
porter at least one copy of the sign
manifest. .,
(iv) Within 30 days after the deliver:Y.:
send a copy of the manifest to the gen,,J
erator.
(v) Retain a copy of each manifea,,.
among the facility's records in acco~-'.
ance with §761.209(d). ·~ ::
(2) If a commercial storage or ~ ..
posal facility receives PCB waste frODl:'
a rail or water (bulk shipment) ·
porter accompanied by a shippillf
paper containing all the informatioi
required on the manifest except
EPA identification numbers, genertii
tor's certification, and signatures, ~.
owner or operator, or his agent, shall:
(i) Sign and date each copy of ,
manifest or shipping paper to cer~
that the PCB waste covered bY ~-
manifest or shipping paper was J<l· ~
ceived. '
(ii) Note any significant
ancies in the manifest or
496
fnYlronmental Protection Agency
~per on each copy of the manifest or
lhJpping paper.
, (iii) rmmediately give the rail or
,rater transporter at least one copy of
\he manifest or shipping paper, if ap-
plicable. 1_(lV) Within 30 days after the delivery,
19Dd a copy of the signed and dated
manifest to the generator; however, if
\hS manifest has not been received
wlthill 30 days after deli very, the owner
or operator shall send a copy of the
ahlpping paper signed and dated to the
cezierator. ,;(v) Retain at the commercial storage or' dlsposal facility a copy of the mani-
fest and shipping paper, if signed in
ue11·· of the manifest, in accordance
trltb §761.209(d).
$(3) Whenever an off-site shipment of PCB waste is initiated from a commer-
ci,Jfstorage or disposal facility, the owner or operator of the commercial
~e or disposal facility shall com-iq-: with the manifest requirements tll&t apply to generators of PCB waste.
',-,. ~· -l 81.209 Retention
records.
of manifest
µt . ..-. .. a)\l-.A generator of PCB waste shall
~P,_a_copy of each manifest signed in
iocordance with §761.208(a)(l) until the
tiferator receives a signed copy from
-~1,4~signated commercial storage or
llapollal facility which received the
~....1,-_waste. The copy signed by the
:Ollllllercial storer or disposer shall be •~~d for at least 3 years from the ~ the PCB waste was accepted by
l!j'.~tial transporter. A generator
~Jee.t to annual document require-
~~under §761.180 shall retain copies
C::,!&Ch manifest for the period re-
@ by §761.lB0(a).
(b)(~) A transporter of PCB waste
~1 keep a copy of the manifest !~~ by the generator, transporter,
~the next designated transporter, if
~cable, or the owner or operator of
~.designated commercial storage or ~ facility. This copy shall be re-~ for a period of at least 3 years
~:.the date the PCB waste was ac-~ by the initial transporter.
~.for shipments of PCB waste deliv-
·~ ·to the designated commercial ~ or disposal facility by water
..._.. Bhipment), each water (bulk ship-
,-transporter shall retain a copy
§761.210
of the shipping paper described in
§ 761.208(b)(5)(ii) for a period of at least
3 years from the date the PCB waste
was accepted by the initial transporter.
(3) For shipments of PCB waste by
rail within the United States:
(i) The initial rail transporter shall
keep a copy of the manifest and the
shipping paper required to accompany
the PCB waste for a period of at least
3 years from the date the PCB waste
was accepted by the initial transporter.
(ii) The final rail transporter shall
keep a copy of the signed manifest, or
the required shipping paper if signed by
the designated facility in lieu of the
manifest, for a period of at least 3
years from the date the PCB waste was
accepted by the initial transporter.
(c) The owner or operator of a PCB
commercial storage or disposal facility
that receives off-site shipments of PCB
waste shall retain at the facility for at
least 3 years a copy of each manifest or
shipping paper that the owner or opera-
tor signs in accordance with
§ 761.208(c)(l) or (c)(3).
(d) The periods of record retention re-
quired by this section shall be extended
automatically during the course of any
outstanding enforcement action re-
garding the regulated activity.
(54 FR 52752, Dec. 21, 1989, as amended at 58
FR 34205, June 23, 1993)
§ 761.210 Manifest discrepancies.
(a) Manifest discrepancies are dif-
ferences between the quantity or type
of PCB waste designated on the mani-
fest or shipping paper and the quantity
or type of PCB waste actually delivered
to and received by a designated facil-
ity.
(1) Significant discrepancies in quan-
tity are:
(i) Variations greater than 10 percent
in weight of PCB waste in containers.
(ii) Any variation in piece count,
such as a discrepancy of one PCB
Transformer or PCB Container or PCB
Article Container in a truckload.
(2) Significant discrepancies in type
of PCB waste are obvious differences
which may be discovered by inspection
or waste analysis, such as the substi-
tution of solids for liquids or the sub-
stitution of high concentration PCBs
(above 500 ppm) with lower concentra-
tion materials.
\// J;~,.
i.},
497
§ 761.211
(b) Upon discovering a significant
discrepancy, the owner or operator of
the designated commercial storage or
disposal facility shall attempt to rec-
oncile the discrepancy with the waste
generator or transporter. If the dis-
crepancy is not resolved within 15 days
after receiving the PCB waste, such
owner or operator shall immediately
submit to the Regional Administrator
for the Region in which the designated
facility is located a letter describing
the discrepancy and attempts to rec-
oncile it, and a copy of the manifest or
shipping paper at issue.
[54 FR 52752. Dec. 21, 1989, as amended at 58
FR 34205. June 23, 1993]
§ 761.211 Unmanifested waste report.
(a) After April 4, 1990, if a PCB com-
mercial storage or disposal facility re-
ceives any shipment of PCB waste from
an off-site source without an accom-
panying manifest or shipping paper
(where required in place of a manifest),
and any part of the shipment consists
of any PCB waste regulated for dis-
posal, then the owner or operator of
the commercial storage or disposal fa-
cility shall attempt to contact the gen-
erator, using information supplied by
the transporter, to obtain a manifest
or to return the PCB waste.
(b) If the owner or operator of the
commercial storage or disposal facility
cannot contact the generator of the
PCB waste, he shall notify the Re-
gional Administrator of the EPA re-
gion in which his facility is located of
the unmanifested PCB waste so that
the Regional Administrator can deter-
mine whether further actions are re-
quired before the owner or operator
may store or dispose of the
unmanifested PCB waste.
(c) Within 15 days after receiving the
unmanifested PCB waste, the owner or
operator shall prepare and submit a re-
port to the Regional Administrator for
the Region in which the commercial
storage or disposal facility is located
and to the Regional Administrator for
the Region in which the PCB waste
originated, if known. The report may
be submitted on EPA Form 8700-13B, or
by a written letter designated
"Unmanifested Waste Report." The re-
port shall include the following infor-
mation:
40 CFR Ch. I (7-1-94 Edition)
(1) The EPA identification number,
name, and address of the PCB commer-
cial storage or disposal facility.
(2) The date the commercial storage
or disposal facility received the
unmanifested PCB waste.
(3) The EPA identification number,
name, and address of the generator and
transporter, if available.
(4) A description of the type and
quantity of the unmanifested PCB
waste received at the facility.
(5) A brief explanation of why the
waste was unmanifested, if known.
(6) The disposition made of the
unmanifested waste by the commercial
storage or disposal facility, including:
(i) If the waste was stored or disposed
by that facility, was the generator
identified and was a manifest subse-
quently supplied.
(ii) If the waste was sent back to the
generator, why and when.
[54 FR 52752, Dec. 21, 1989, as amended at 58
FR 34205, June 23, 1993]
§ 761.215 Exception reporting.
(a) A generator of PCB waste, who
does not receive a copy of the manifest
with the handwritten signature of the
owner or operator of the designated
PCB commercial storage or disposal fa-
cility within 35 days of the date the
waste was accepted by the initial
transporter, shall immediately contact
the transporter and/or the owner or op-
erator of the designated facility to de-
termine the status of the PCB waste.
(b) A generator of PCB waste shall
submit an Exception Report to the Re•
gional Administrator for the Region in
which the generator is located if the
generator has not received a copy of
the manifest with the handwritten sig-
nature of the owner or operator of the
designated facility within 45 days of
the date the waste was accepted by the
initial transporter. The Exception Re-
port shall include the following:
(1) A legible copy of the manifest for
which the generator does not have con-
firmation of delivery.
(2) A cover letter signed by the gener-
ator or his authorized representative
explaining the efforts taken to locate
the PCB waste and the results of th0S8
efforts.
(c) A disposer of PCB waste shall sub-
mit a One-year Exception Report to
498
Environmental Protection Agency
the Regional Administrator for the Re-
gion in which the disposal facility is lo-
cated whenever the following occurs:
(1) The disposal facility receives
pcBs or PCB Items on a date more
than 9 months from the date the PCBs
or PCB Items were removed from serv-
ice for disposal, as indicated on the
manifest or continuation sheet; and
· (2) Because of contractual commit-
ments or other factors affecting the fa-
cility's disposal capacity, the disposer
of PCB waste could not dispose of the
affected PCBs or PCB Items within 1
year of the date of removal from serv-
ice for disposal.
(d) A generator or commercial storer
of PCB waste who manifests PCBs or
PCB Items to a disposer of PCB waste
shall submit a One-year Exception Re-
port to the Regional Administrator for
the Region in which the generator or
commercial storer is located whenever
the following occurs:
(1) The generator or commercial stor-
er transferred the PCBs or PCB Items
to the disposer of PCB waste on a date
within 9 months from the date of re-
moval from service for disposal of the
affected PCBs or PCB Items, as indi-
cated on the manifest or continuation
sheet; and
;· (2) The generator or commercial stor-
er either has not received within 13
months from the date of removal from
service for disposal a Certificate of Dis-
posal confirming the disposal of the af-
fected PCBs or PCB Items, or the gen-
erator or commercial storer receives a
Certificate of Disposal confirming dis-
posal of the affected PCBs or PCB
Items on a date more than 1 year after
the date of removal from service.
: (e) The One-year Exception Report
shall include:
, (1) A legible copy of any manifest or
other written communication relevant
~ the transfer and disposal of the af-
fected PCBs or PCB Items.
-(2) A cover letter signed by the sub-
nutter or an authorized representative
~:&:plaining:
(1) The date(s) when the PCBs or PCB
Items were removed from service for disp0sa1.
~(11) The date(s) when the PCBs or
PcB Items were received by the sub-
l?litter of the report, if applicable.
§761.218
(iii) The date(s) when the affected
PCBs or PCB Items were transferred to
a designated disposal facility.
(iv) The identity of the transporters,
commercial storers, or disposers known
to be involved with the transaction.
(v) The reason, if known, for the
delay in bringing about the disposal of
the affected PCBs or PCB Items within
1 year from the date of removal from
service for disposal.
[54 FR 52752, Dec. 21, 1989, as amended a t 55
FR 26205, June 27, 1990; 58 FR 34205, June 23,
1993]
§ 761.218 Certificate of disposal.
(a) For each shipment of manifested
PCB waste that the owner or operator
of a disposal facility accepts by signing
the manifest, the owner or operator of
the disposal facility shall prepare a
Certificate of Disposal for the PCBs
and PCB Items disposed of at the facil-
ity, which shall include:
(1) The identity of the disposal facil-
ity, by name, address. and EPA identi-
fication number.
(2) The identity of the PCB waste af-
fected by the Certificate of Disposal in-
cluding reference to the manifest num-
ber for the shipment.
(3) A statement certifying the fact of
disposal of the identified PCB waste,
including the date(s) of disposal, and
identifying the disposal process used.
( 4) A certification as defined in
§ 761.3.
(b) The Certificate of Disposal shall
be sent to the generator identified on
the manifest which accompanied the
shipment of PCB waste within 30 days
of the date that disposal of the PCB
waste identified on the manifest was
completed.
(c) The disposal facility shall keep a
copy of each Certificate of Disposal
among the records that it retains
under§ 761.lB0(b).
(d)(l) Generators of PCB waste shall
keep a copy of each Certificate of Dis-
posal that they receive from disposers
of PCB waste among the records they
retain under § 761.lB0(a).
(2) Commercial storers of PCB waste
shall keep a copy of each Certificate of
Disposal that they receive from dispos-
ers of PCB waste among the records
they retain under§ 761.lB0(b).
499