[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: 40CFR761.77]

[Page 652-654]
 
                   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. 761.77   Coordinated approval.

    (a) General requirements. Notwithstanding any other provision of 
this part, the EPA Regional Administrator for the Region in which a PCB 
disposal or PCB commercial storage facility described in paragraphs (b) 
and (c) of this section is located may issue a TSCA PCB Coordinated 
Approval to the persons described in those paragraphs if the conditions 
listed in this section are met. A TSCA PCB Coordinated Approval will 
designate the persons who own and who are authorized to operate the 
facilities described in paragraphs (b) and (c) of this section and will 
apply only to such persons. All requirements, conditions, and 
limitations of any other permit or waste management document cited or 
described in paragraphs (b) and (c) of this section, as the technical or 
legal basis on which the TSCA PCB Coordinated Approval is issued, are 
conditions of the TSCA PCB Coordinated Approval.
    (1) Persons seeking a TSCA PCB Coordinated Approval shall submit a 
request for approval by certified mail, to the EPA Regional 
Administrator for the Region in which the activity will take place. 
Persons seeking a TSCA PCB Coordinated Approval for a new PCB activity 
shall submit the request for approval at the same time they

[[Page 653]]

seek a permit, approval, or other action for a PCB waste management 
activity under any other Federal or State authority.
    (i) The request for a TSCA PCB Coordinated Approval shall include a 
copy of the letter from EPA announcing or confirming the EPA 
identification number issued to the facility for conducting PCB 
activities; the name, organization, and telephone number of the person 
who is the contact point for the non-TSCA Federal or State waste 
management authority; a copy of the relevant permit or waste management 
document specified in paragraphs (b) and (c) of this section, including 
all requirements, conditions, and limitations, if the EPA Regional 
Administrator does not have a copy of the document, or a description of 
the waste management activities to be conducted if a permit or other 
relevant waste management document has not been issued; and a 
certification that the person who owns or operates the facility is aware 
of and will adhere to the TSCA PCB reporting and recordkeeping 
requirements at subparts J and K of this part.
    (ii) The EPA Regional Administrator shall review the request for 
completeness, for compliance with the requirements of paragraphs (b) and 
(c) of this section, and to ensure that the PCB activity for which 
approval is requested will not present an unreasonable risk of injury to 
health or the environment. The EPA Regional Administrator shall either:
    (A) Issue a written notice of deficiency explaining why the request 
for approval is deficient. If appropriate, the EPA Regional 
Administrator may either:
    (1) Request additional information to cure the deficiency.
    (2) Deny the request for a TSCA PCB Coordinated Approval.
    (B) Issue a letter granting or denying the TSCA PCB Coordinated 
Approval. If the EPA Regional Administrator grants the TSCA PCB 
Coordinated Approval, he or she may acknowledge the non-TSCA approval 
meets the regulatory requirements under TSCA as written, or require 
additional conditions the EPA Regional Administrator has determined are 
necessary to prevent unreasonable risk of injury to health or the 
environment.
    (C) If the EPA Regional Administrator denies a request for a 
Coordinated Approval under paragraphs (a)(1)(ii)(A) or (a)(1)(ii)(B) of 
this section, the person who requested the TSCA PCB Coordinated Approval 
may submit an application for a TSCA Disposal Approval.
    (2) The EPA Regional Administrator may issue a notice of deficiency, 
revoke the TSCA PCB Coordinated Approval, require the person to whom the 
TSCA PCB Coordinated Approval was issued to submit an application for a 
TSCA PCB approval, or bring an enforcement action under TSCA if he or 
she determines that:
    (i) Conditions of the approval relating to PCB waste management 
activities are not met.
    (ii) The PCB waste management process is being operated in a manner 
which may result in an unreasonable risk of injury to health or the 
environment.
    (iii) The non-TSCA approval expires, is revoked, is suspended, or 
otherwise ceases to be in full effect.
    (3) Any person with a TSCA PCB Coordinated Approval must notify the 
EPA Regional Administrator in writing within 5 calendar days of changes 
relating to PCB waste requirements in the non-TSCA waste management 
document which serves as the basis for a TSCA PCB Coordinated Approval. 
Changes in the ownership of a commercial storage facility which holds a 
TSCA PCB Coordinated Approval shall be handled pursuant to 
Sec. 761.65(j).
    (b) Any person who owns or operates a facility that he or she 
intends to use to landfill PCB wastes; incinerate PCB wastes; dispose of 
PCB wastes using an alternative disposal method that is equivalent to 
disposal in an incinerator approved under Sec. 761.70 or a high 
efficiency boiler operating in compliance with Sec. 761.71; or stores 
PCB wastes may apply for a TSCA PCB Coordinated Approval. The EPA 
Regional Administrator may approve the request if the EPA Regional 
Administrator determines that the activity will not pose an unreasonable 
risk of injury to health or the environment and the person:

[[Page 654]]

    (1)(i) Has a waste management permit or other decision or 
enforcement document which exercises control over PCB wastes, issued by 
EPA or an authorized State Director for a State program that has been 
approved by EPA and is no less stringent in protection of health or the 
environment than the applicable TSCA requirements found in this part; or
    (ii) Has a PCB waste management permit or other decision or 
enforcement document issued by a State Director pursuant to a State PCB 
waste management program no less stringent in protection of health or 
the environment than the applicable TSCA requirements found in this 
part; or
    (iii) Is subject to a waste management permit or other decision or 
enforcement document which is applicable to the disposal of PCBs and 
which was issued through the promulgation of a regulation published in 
Title 40 of the Code of Federal Regulations.
    (2) Complies with the terms and conditions of the permit or other 
decision or enforcement document described in paragraph (b)(1) of this 
section.
    (3) Unless otherwise waived or modified in writing by the EPA 
Regional Administrator, complies with Sec. 761.75(b); Sec. 761.70(a)(1) 
through (a)(9), (b)(1) and (b)(2), and (c); or the PCB storage 
requirements at Secs. 761.65(a), (c), and (d)(2), as appropriate.
    (4) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (c) A person conducting research and development (R&D) into PCB 
disposal methods (regardless of PCB concentration), or conducting PCB 
remediation activities may apply for a TSCA PCB Coordinated Approval. 
The EPA Regional Administrator may approve the request if the EPA 
Regional Administrator determines that the activity will not pose an 
unreasonable risk of injury to health or the environment and the person:
    (1)(i) Has a permit or other decision and enforcement document 
issued or otherwise agreed to by EPA, or permit or other decision and 
enforcement document issued by an authorized State Director for a State 
program that has been approved by EPA, which exercises control over the 
management of PCB wastes, and that person is in compliance with all 
terms and conditions of that document; or
    (ii) Has a permit, which exercises control over the management of 
PCB wastes, issued by a State Director pursuant to a State PCB disposal 
program no less stringent than the requirements in this part.
    (2) Complies with the terms and conditions of that permit or other 
decision and enforcement document.
    (3) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.

[63 FR 35456, June 29, 1998]