[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.61]
[Page 622-628]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING,
DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents
Subpart D--Storage and Disposal
Sec. 761.61 PCB remediation waste.
This section provides cleanup and disposal options for PCB
remediation waste. Any person cleaning up and disposing of PCBs managed
under this section shall do so based on the concentration at which the
PCBs are found. This section does not prohibit any person from
implementing temporary emergency measures to prevent, treat, or contain
further releases or mitigate migration to the environment of PCBs or PCB
remediation waste.
(a) Self-implementing on-site cleanup and disposal of PCB
remediation waste. EPA designed the self-implementing procedure for a
general, moderately-sized site where there should be low residual
environmental impact from remedial activities. The procedure may be less
practical for larger or environmentally diverse sites. For these other
sites, the self-implementing procedure
[[Page 623]]
still applies, but an EPA Regional Administrator may authorize more
practical procedures through paragraph (c) of this section. Any person
may conduct self-implementing cleanup and disposal of PCB remediation
waste in accordance with the following requirements without prior
written approval from EPA.
(1) Applicability. (i) The self-implementing procedures may not be
used to clean up:
(A) Surface or ground waters.
(B) Sediments in marine and freshwater ecosystems.
(C) Sewers or sewage treatment systems.
(D) Any private or public drinking water sources or distribution
systems.
(E) Grazing lands.
(F) Vegetable gardens.
(ii) The self-implementing cleanup provisions shall not be binding
upon cleanups conducted under other authorities, including but not
limited to, actions conducted under section 104 or section 106 of
CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
(2) Site characterization. Any person conducting self-implementing
cleanup of PCB remediation waste must characterize the site adequately
to be able to provide the information required by paragraph (a)(3) of
this section. Subpart N of this part provides a method for collecting
new site characterization data or for assessing the sufficiency of
existing site characterization data.
(3) Notification and certification. (i) At least 30 days prior to
the date that the cleanup of a site begins, the person in charge of the
cleanup or the owner of the property where the PCB remediation waste is
located shall notify, in writing, the EPA Regional Administrator, the
Director of the State or Tribal environmental protection agency, and the
Director of the county or local environmental protection agency where
the cleanup will be conducted. The notice shall include:
(A) The nature of the contamination, including kinds of materials
contaminated.
(B) A summary of the procedures used to sample contaminated and
adjacent areas and a table or cleanup site map showing PCB
concentrations measured in all pre-cleanup characterization samples. The
summary must include sample collection and analysis dates. The EPA
Regional Administrator may require more detailed information including,
but not limited to, additional characterization sampling or all sample
identification numbers from all previous characterization activities at
the cleanup site.
(C) The location and extent of the identified contaminated area,
including topographic maps with sample collection sites cross referenced
to the sample identification numbers in the data summary from paragraph
(a)(3)(i)(B) of this section.
(D) A cleanup plan for the site, including schedule, disposal
technology, and approach. This plan should contain options and
contingencies to be used if unanticipated higher concentrations or wider
distributions of PCB remediation waste are found or other obstacles
force changes in the cleanup approach.
(E) A written certification, signed by the owner of the property
where the cleanup site is located and the party conducting the cleanup,
that all sampling plans, sample collection procedures, sample
preparation procedures, extraction procedures, and instrumental/chemical
analysis procedures used to assess or characterize the PCB contamination
at the cleanup site, are on file at the location designated in the
certificate, and are available for EPA inspection. Persons using
alternate methods for chemical extraction and chemical analysis for site
characterization must include in the certificate a statement that such a
method will be used and that a comparison study which meets or exceeds
the requirements of subpart Q of this part, and for which records are on
file, has been completed prior to verification sampling.
(ii) Within 30 calendar days of receiving the notification, the EPA
Regional Administrator will respond in writing approving of the self-
implementing cleanup, disapproving of the self-implementing cleanup, or
requiring additional information. If the EPA Regional Administrator does
not respond within 30 calendar days of receiving the
[[Page 624]]
notice, the person submitting the notification may assume that it is
complete and acceptable and proceed with the cleanup according to the
information the person provided to the EPA Regional Administrator. Once
cleanup is underway, the person conducting the cleanup must provide any
proposed changes from the notification to the EPA Regional Administrator
in writing no less than 14 calendar days prior to the proposed
implementation of the change. The EPA Regional Administrator will
determine in his or her discretion whether to accept the change, and
will respond to the change notification verbally within 7 calendar days
and in writing within 14 calendar days of receiving it. If the EPA
Regional Administrator does not respond verbally within 7 calendar days
and in writing within 14 calendar days of receiving the change notice,
the person who submitted it may deem it complete and acceptable and
proceed with the cleanup according to the information in the change
notice provided to the EPA Regional Administrator.
(iii) Any person conducting a cleanup activity may obtain a waiver
of the 30-day notification requirement, if they receive a separate
waiver, in writing, from each of the agencies they are required to
notify under this section. The person must retain the original written
waiver as required in paragraph (a)(9) of this section.
(4) Cleanup levels. For purposes of cleaning, decontaminating, or
removing PCB remediation waste under this section, there are four
general waste categories: bulk PCB remediation waste, non-porous
surfaces, porous surfaces, and liquids. Cleanup levels are based on the
kind of material and the potential exposure to PCBs left after cleanup
is completed.
(i) Bulk PCB remediation waste. Bulk PCB remediation waste includes,
but is not limited to, the following non-liquid PCB remediation waste:
soil, sediments, dredged materials, muds, PCB sewage sludge, and
industrial sludge.
(A) High occupancy areas. The cleanup level for bulk PCB remediation
waste in high occupancy areas is [le]1 ppm without further conditions.
High occupancy areas where bulk PCB remediation waste remains at
concentrations 1 ppm and [le]10 ppm shall be covered with a
cap meeting the requirements of paragraphs (a)(7) and (a)(8) of this
section.
(B) Low occupancy areas. (1) The cleanup level for bulk PCB
remediation waste in low occupancy areas is [le]25 ppm unless otherwise
specified in this paragraph.
(2) Bulk PCB remediation wastes may remain at a cleanup site at
concentrations 25 ppm and [le]50 ppm if the site is secured
by a fence and marked with a sign including the ML mark.
(3) Bulk PCB remediation wastes may remain at a cleanup site at
concentrations 25 ppm and [le]100 ppm if the site is covered
with a cap meeting the requirements of paragraphs (a)(7) and (a)(8) of
this section.
(ii) Non-porous surfaces. In high occupancy areas, the surface PCB
cleanup standard is [le] 10 [mu]g/100 cm2 of surface area. In
low occupancy areas, the surface cleanup standard is <100 [mu]g/100
cm2 of surface area. Select sampling locations in accordance
with subpart P of this part or a sampling plan approved under paragraph
(c) of this section.
(iii) Porous surfaces. In both high and low occupancy areas, any
person disposing of porous surfaces must do so based on the levels in
paragraph (a)(4)(i) of this section. Porous surfaces may be cleaned up
for use in accordance with Sec. 761.79(b)(4) or Sec. 761.30(p).
(iv) Liquids. In both high and low occupancy areas, cleanup levels
are the concentrations specified in Sec. 761.79(b)(1) and (b)(2).
(v) Change in the land use for a cleanup site. Where there is an
actual or proposed change in use of an area cleaned up to the levels of
a low occupancy area, and the exposure of people or animal life in or at
that area could reasonably be expected to increase, resulting in a
change in status from a low occupancy area to a high occupancy area, the
owner of the area shall clean up the area in accordance with the high
occupancy area cleanup levels in paragraphs (a)(4)(i) through (a)(4)(iv)
of this section.
(vi) The EPA Regional Administrator, as part of his or her response
to a notification submitted in accordance with Sec. 761.61(a)(3) of this
part, may require cleanup of the site, or portions of
[[Page 625]]
it, to more stringent cleanup levels than are otherwise required in this
section, based on the proximity to areas such as residential dwellings,
hospitals, schools, nursing homes, playgrounds, parks, day care centers,
endangered species habitats, estuaries, wetlands, national parks,
national wildlife refuges, commercial fisheries, and sport fisheries.
(5) Site cleanup. In addition to the options set out in this
paragraph, PCB disposal technologies approved under Secs. 761.60 and
761.70 are acceptable for on-site self-implementing PCB remediation
waste disposal within the confines of the operating conditions of the
respective approvals.
(i) Bulk PCB remediation waste. Any person cleaning up bulk PCB
remediation waste shall do so to the levels in paragraph (a)(4)(i) of
this section.
(A) Any person cleaning up bulk PCB remediation waste on-site using
a soil washing process may do so without EPA approval, subject to all of
the following:
(1) A non-chlorinated solvent is used.
(2) The process occurs at ambient temperature.
(3) The process is not exothermic.
(4) The process uses no external heat.
(5) The process has secondary containment to prevent any solvent
from being released to the underlying or surrounding soils or surface
waters.
(6) Solvent disposal, recovery, and/or reuse is in accordance with
relevant provisions of approvals issued according to paragraphs (b)(1)
or (c) of this section or applicable paragraphs of Sec. 761.79.
(B) Bulk PCB remediation waste may be sent off-site for
decontamination or disposal in accordance with this paragraph, provided
the waste is either dewatered on-site or transported off-site in
containers meeting the requirements of the DOT Hazardous Materials
Regulations (HMR) at 49 CFR parts 171 through 180.
(1) Removed water shall be disposed of according to paragraph (b)(1)
of this section.
(2) Any person disposing off-site of dewatered bulk PCB remediation
waste shall do so as follows:
(i) Unless sampled and analyzed for disposal according to the
procedures set out in Sec. Sec. 761.283, 761.286, and 761.292, the bulk
PCB remediation waste shall be assumed to contain [ge] 50 ppm PCBs.
(ii) Bulk PCB remediation wastes with a PCB concentration of <50 ppm
shall be disposed of in accordance with paragraph (a)(5)(v)(A) of this
section.
(iii) Bulk PCB remediation wastes with a PCB concentration [ge]50
ppm shall be disposed of in a hazardous waste landfill permitted by EPA
under section 3004 of RCRA, or by a State authorized under section 3006
of RCRA, or a PCB disposal facility approved under this part.
(iv) The generator must provide written notice, including the
quantity to be shipped and highest concentration of PCBs (using
extraction EPA Method 3500B/3540C or Method 3500B/3550B followed by
chemical analysis using EPA Method 8082 in SW-846 or methods validated
under subpart Q of this part) at least 15 days before the first shipment
of bulk PCB remediation waste from each cleanup site by the generator,
to each off-site facility where the waste is destined for an area not
subject to a TSCA PCB Disposal Approval.
(3) Any person may decontaminate bulk PCB remediation waste in
accordance with Sec. 761.79 and return the waste to the cleanup site for
disposal as long as the cleanup standards of paragraph (a)(4) of this
section are met.
(ii) Non-porous surfaces. PCB remediation waste non-porous surfaces
shall be cleaned on-site or off-site for disposal on-site, disposal off-
site, or use, as follows:
(A) For on-site disposal, non-porous surfaces shall be cleaned on-
site or off-site to the levels in paragraph (a)(4)(ii) of this section
using:
(1) Procedures approved under Sec. 761.79.
(2) Technologies approved under Sec. 761.60(e).
(3) Procedures or technologies approved under paragraph (c) of this
section.
(B) For off-site disposal, non-porous surfaces:
(1) Having surface concentrations <100 [mu]g/100 cm2
shall be disposed of in accordance with paragraph (a)(5)(i)(B)(2)(ii) of
this section. Metal
[[Page 626]]
surfaces may be thermally decontaminated in accordance with
Sec. 761.79(c)(6)(i).
(2) Having surface concentrations [ge]100 [mu]g/100 cm2
shall be disposed of in accordance with paragraph (a)(5)(i)(B)(2)(iii)
of this section. Metal surfaces may be thermally decontaminated in
accordance with Sec. 761.79(c)(6)(ii).
(C) For use, non-porous surfaces shall be decontaminated on-site or
off-site to the standards specified in Sec. 761.79(b)(3) or in
accordance with Sec. 761.79(c).
(iii) Porous surfaces. Porous surfaces shall be disposed on-site or
off-site as bulk PCB remediation waste according to paragraph (a)(5)(i)
of this section or decontaminated for use according to
Sec. 761.79(b)(4), as applicable.
(iv) Liquids. Any person disposing of liquid PCB remediation waste
shall either:
(A) Decontaminate the waste to the levels specified in
Sec. 761.79(b)(1) or (b)(2).
(B) Dispose of the waste in accordance with paragraph (b) of this
section or an approval issued under paragraph (c) of this section.
(v) Cleanup wastes. Any person generating the following wastes
during and from the cleanup of PCB remediation waste shall dispose of or
reuse them using one of the following methods:
(A) Non-liquid cleaning materials and personal protective equipment
waste at any concentration, including non-porous surfaces and other non-
liquid materials such as rags, gloves, booties, other disposable
personal protective equipment, and similar materials resulting from
cleanup activities shall be either decontaminated in accordance with
Sec. 761.79(b) or (c), or disposed of in one of the following
facilities, without regard to the requirements of subparts J and K of
this part:
(1) A facility permitted, licensed, or registered by a State to
manage municipal solid waste subject to part 258 of this chapter.
(2) A facility permitted, licensed, or registered by a State to
manage non-municipal non-hazardous waste subject to Sec. Sec. 257.5
through 257.30 of this chapter, as applicable.
(3) A hazardous waste landfill permitted by EPA under section 3004
of RCRA, or by a State authorized under section 3006 of RCRA.
(4) A PCB disposal facility approved under this part.
(B) Cleaning solvents, abrasives, and equipment may be reused after
decontamination in accordance with Sec. 761.79.
(6) Cleanup verification--(i) Sampling and analysis. Any person
collecting and analyzing samples to verify the cleanup and on-site
disposal of bulk PCB remediation wastes and porous surfaces must do so
in accordance with subpart O of this part. Any person collecting and
analyzing samples from non-porous surfaces must do so in accordance with
subpart P of this part. Any person collecting and analyzing samples from
liquids must do so in accordance with Sec. 761.269. Any person
conducting interim sampling during PCB remediation waste cleanup to
determine when to sample to verify that cleanup is complete, may use PCB
field screening tests.
(ii) Verification. (A) Where sample analysis results in a
measurement of PCBs less than or equal to the levels specified in
paragraph (a)(4) of this section, self-implementing cleanup is complete.
(B) Where sample analysis results in a measurement of PCBs greater
than the levels specified in paragraph (a)(4) of this section, self-
implementing cleanup of the sampled PCB remediation waste is not
complete. The owner or operator of the site must either dispose of the
sampled PCB remediation waste, or reclean the waste represented by the
sample and reinitiate sampling and analysis in accordance with paragraph
(a)(6)(i) of this section.
(7) Cap requirements. A cap means, when referring to on-site cleanup
and disposal of PCB remediation waste, a uniform placement of concrete,
asphalt, or similar material of minimum thickness spread over the area
where remediation waste was removed or left in place in order to prevent
or minimize human exposure, infiltration of water, and erosion. Any
person designing and constructing a cap must do so in accordance with
Sec. 264.310(a) of this chapter, and ensure that it complies with the
permeability, sieve, liquid limit, and plasticity index parameters in
Sec. 761.75(b)(1)(ii) through (b)(1)(v). A
[[Page 627]]
cap of compacted soil shall have a minimum thickness of 25 cm (10
inches). A concrete or asphalt cap shall have a minimum thickness of 15
cm (6 inches). A cap must be of sufficient strength to maintain its
effectiveness and integrity during the use of the cap surface which is
exposed to the environment. A cap shall not be contaminated at a level
[ge]1 ppm PCB per AroclorTM (or equivalent) or per congener.
Repairs shall begin within 72 hours of discovery for any breaches which
would impair the integrity of the cap.
(8) Deed restrictions for caps, fences and low occupancy areas. When
a cleanup activity conducted under this section includes the use of a
fence or a cap, the owner of the site must maintain the fence or cap, in
perpetuity. In addition, whenever a cap, or the procedures and
requirements for a low occupancy area, is used, the owner of the site
must meet the following conditions:
(i) Within 60 days of completion of a cleanup activity under this
section, the owner of the property shall:
(A) Record, in accordance with State law, a notation on the deed to
the property, or on some other instrument which is normally examined
during a title search, that will in perpetuity notify any potential
purchaser of the property:
(1) That the land has been used for PCB remediation waste disposal
and is restricted to use as a low occupancy area as defined in
Sec. 761.3.
(2) Of the existence of the fence or cap and the requirement to
maintain the fence or cap.
(3) The applicable cleanup levels left at the site, inside the
fence, and/or under the cap.
(B) Submit a certification, signed by the owner, that he/she has
recorded the notation specified in paragraph (a)(8)(i)(A) of this
section to the EPA Regional Administrator.
(ii) The owner of a site being cleaned up under this section may
remove a fence or cap after conducting additional cleanup activities and
achieving cleanup levels, specified in paragraph (a)(4) of this section,
which do not require a cap or fence. The owner may remove the notice on
the deed no earlier than 30 days after achieving the cleanup levels
specified in this section which do not require a fence or cap.
(9) Recordkeeping. For paragraphs (a)(3), (a)(4), and (a)(5) of this
section, recordkeeping is required in accordance with
Sec. 761.125(c)(5).
(b) Performance-based disposal. (1) Any person disposing of liquid
PCB remediation waste shall do so according to Sec. 761.60(a) or (e), or
decontaminate it in accordance with Sec. 761.79.
(2) Any person disposing of non-liquid PCB remediation waste shall
do so by one of the following methods:
(i) Dispose of it in a high temperature incinerator approved under
Sec. 761.70(b), an alternate disposal method approved under
Sec. 761.60(e), a chemical waste landfill approved under Sec. 761.75, or
in a facility with a coordinated approval issued under Sec. 761.77.
(ii) Decontaminate it in accordance with Sec. 761.79.
(3) Any person may manage or dispose of material containing <50 ppm
PCBs that has been dredged or excavated from waters of the United
States:
(i) In accordance with a permit that has been issued under section
404 of the Clean Water Act, or the equivalent of such a permit as
provided for in regulations of the U.S. Army Corps of Engineers at 33
CFR part 320.
(ii) In accordance with a permit issued by the U.S. Army Corps of
Engineers under section 103 of the Marine Protection, Research, and
Sanctuaries Act, or the equivalent of such a permit as provided for in
regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
(c) Risk-based disposal approval. (1) Any person wishing to sample,
cleanup, or dispose of PCB remediation waste in a manner other than
prescribed in paragraphs (a) or (b) of this section, or store PCB
remediation waste in a manner other than prescribed in Sec. 761.65, must
apply in writing to the EPA Regional Administrator in the Region where
the sampling, cleanup, disposal or storage site is located, for
sampling, cleanup, disposal or storage occurring in a single EPA Region;
or to the Director of the National Program Chemicals Division, for
sampling, cleanup, disposal or storage occurring in more than one EPA
Region. Each application must contain information described in
[[Page 628]]
the notification required by Sec. 761.61(a)(3). EPA may request other
information that it believes necessary to evaluate the application. No
person may conduct cleanup activities under this paragraph prior to
obtaining written approval by EPA.
(2) EPA will issue a written decision on each application for a
risk-based method for PCB remediation wastes. EPA will approve such an
application if it finds that the method will not pose an unreasonable
risk of injury to health or the environment.
[63 FR 35448, June 29, 1998, as amended at 64 FR 33761, June 24, 1999]