[Code of Federal Regulations] [Title 40, Volume 30] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR761.1] [Page 599-602] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 761_POLYCHLORINATED BI PHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents Subpart A_General Sec. 761.1 Applicability. Subpart A_General Sec. 761.1 Applicability. 761.2 PCB concentration assumptions for use. 761.3 Definitions. 761.19 References. Subpart B_Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items 761.20 Prohibitions and exceptions. 761.30 Authorizations. 761.35 Storage for reuse. Subpart C_Marking of PCBs and PCB Items 761.40 Marking requirements. 761.45 Marking formats. Subpart D_Storage and Disposal 761.50 Applicability. 761.60 Disposal requirements. 761.61 PCB remediation waste. 761.62 Disposal of PCB bulk product waste. 761.63 PCB household waste storage and dsiposal. 761.64 Disposal of wastes generated as a result of research and development activities authorized under Sec. 761.30(j) and chemical analysis of PCBs. 761.65 Storage for disposal. 761.70 Incineration. 761.71 High efficiency boilers. 761.72 Scrap metal recovery ovens and smelters. 761.75 Chemical waste landfills. 761.77 Coordinated approval. 761.79 Decontamination standards and procedures. Subpart E_Exemptions 761.80 Manufacturing, processing and distribution in commerce exemptions. Subpart F_Transboundary Shipments of PCBs for Disposal 761.91 Applicability. 761.93 Import for disposal. 761.97 Export for disposal. 761.99 Other transboundary shipments. 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-I [Reserved] Subpart J_General Records and Reports 761.180 Records and monitoring. 761.185 Certification program and retention of records by importers and persons generating PCBs in excluded manufacturing processes. 761.187 Reporting importers and by persons generating PCBs in excluded manufacturing processes. 761.193 Maintenance of monitoring records by persons who import, manufacture, process, distribute in commerce, or use chemicals containing inadvertently generated 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). [[Page 600]] 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. Subpart L [Reserved] Subpart M_Determining a PCB Concentration for Purposes of Abandonment or Disposal of Natural Gas Pipeline: Selecting Sample Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples 761.240 Scope and definitions. 761.243 Standard wipe sample method and size. 761.247 Sample site selection for pipe segment removal. 761.250 Sample site selection for pipeline section abandonment. 761.253 Chemical analysis. 761.257 Determining the regulatory status of sampled pipe. Subpart N_Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance with 761.61(a)(2) 761.260 Applicability. 761.265 Sampling bulk PCB remediation waste and porous surfaces. 761.267 Sampling non-porous surfaces. 761.269 Sampling liquid PCB remediation waste. 761.272 Chemical extraction and analysis of samples. 761.274 Reporting PCB concentrations in samples. Subpart O_Sampling to Verify Completion of Self-Implementing Cleanup and On-Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance with 761.61(a)(6) 761.280 Application and scope. 761.283 Determination of the number of samples to collect and sample collection locations. 761.286 Sample size and procedure for collecting a sample. 761.289 Compositing samples. 761.292 Chemical extraction and analysis of individual samples and composite samples. 761.295 Reporting and recordkeeping of the PCB concentrations in samples. 761.298 Decisions based on PCB concentration measurements resulting from sampling. Subpart P_Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-Site or Off-Site Disposal Under 761.61(a)(6) and Determination Under 761.79(b)(3) 761.300 Applicability. 761.302 Proportion of the total surface area to sample. 761.304 Determining sample location. 761.306 Sampling 1 meter square surfaces by random selection of halves. 761.308 Sample selection by random number generation on any two- dimensional square grid. 761.310 Collecting the sample. 761.312 Compositing of samples. 761.314 Chemical analysis of standard wipe test samples. 761.316 Interpreting PCB concentration measurements resulting from this sampling scheme. Subpart Q_Self-Implementing Alternative Extraction and Chemical Analysis Procedures for Non-liquid PCB Remediation Waste Samples 761.320 Applicability. 761.323 Sample preparation. 761.326 Conducting the comparison study. Subpart R_Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance With 761.62, and Sampling PCB Remediation Waste Destined for Off-Site Disposal, in Accordance With 761.61 761.340 Applicability. 761.345 Form of the waste to be sampled. 761.346 Three levels of sampling. 761.347 First level sampling--waste from existing piles. 761.348 Contemporaneous sampling. 761.350 Subsampling from composite samples. 761.353 Second level of sample selection. 761.355 Third level of sample selection. 761.356 Conducting a leach test. 761.357 Reporting the results of the procedure used to simulate leachate generation. 761.358 Determining the PCB concentration of samples of waste. 761.359 Reporting the PCB concentrations in samples. [[Page 601]] Subpart S_Double Wash/Rinse Method for Decontaminating Non-Porous Surfaces 761.360 Background. 761.363 Applicability. 761.366 Cleanup equipment. 761.369 Pre-cleaning the surface. 761.372 Specific requirements for relatively clean surfaces. 761.375 Specific requirements for surfaces coated or covered with dust, dirt, grime, grease, or another absorbent material. 761.378 Decontamination, reuse, and disposal of solvents, cleaners, and equipment. Subpart T_Comparison Study for Validating a New Performance-Based Decontamination Solvent Under 761.79(d)(4) 761.380 Background. 761.383 Applicability. 761.386 Required experimental conditions for the validation study and subsequent use during decontamination. 761.389 Testing parameter requirements. 761.392 Preparing validation study samples. 761.395 A validation study. 761.398 Reporting and recordkeeping. Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616. (a) This part establishes prohibitions of, and requirements for, the manufacture, processing, distribution in commerce, use, disposal, storage, and marking of PCBs and PCB Items. (b)(1) This part applies to all persons who manufacture, process, distribute in commerce, use, or dispose of PCBs or PCB Items. Substances that are regulated by this part include, but are not limited to: dielectric fluids; solvents; oils; waste oils; heat transfer fluids; hydraulic fluids; paints or coatings; sludges; slurries; sediments; dredge spoils; soils; materials containing PCBs as a result of spills; and other chemical substances or combinations of substances, including impurities and byproducts and any byproduct, intermediate, or impurity manufactured at any point in a process. (2) Unless otherwise noted, PCB concentrations shall be determined on a weight-per-weight basis (e.g., milligrams per kilogram), or for liquids, on a weight-per-volume basis (e.g., milligrams per liter) if the density of the liquid is also reported. Unless otherwise provided, PCBs are quantified based on the formulation of PCBs present in the material analyzed. For example, measure AroclorTM 1242 PCBs based on a comparison with AroclorTM 1242 standards. Measure individual congener PCBs based on a comparison with individual PCB congener standards. (3) Most provisions in this part apply only if PCBs are present in concentrations above a specified level. Provisions that apply to PCBs at concentrations of < 50 ppm apply also to contaminated surfaces at PCB concentrations of <= 10 [micro]g/100 cm\2\. Provisions that apply to PCBs at concentrations of = 50 to < 500 ppm apply also to contaminated surfaces at PCB concentrations of 10/100 cm\2\ to < 100 [micro]g/100 cm\2\. Provisions that apply to PCBs at concentrations of =500 ppm apply also to contaminated surfaces at PCB concentrations of = 100 [micro]g/100 cm\2\. (4) PCBs can be found in liquid, non-liquid and multi-phasic (combinations of liquid and non-liquid) forms. A person should use the following criteria to determine PCB concentrations to determine which provisions of this part apply to such PCBs. (i) Any person determining PCB concentrations for non-liquid PCBs must do so on a dry weight basis. (ii) Any person determining PCB concentrations for liquid PCBs must do so on a wet weight basis. Liquid PCBs containing more than 0.5 percent by weight non-dissolved material shall be analyzed as multi- phasic non-liquid/liquid mixtures. (iii) Any person determining the PCB concentration of samples containing PCBs and non-dissolved non-liquid materials =0.5 percent, must separate the non-dissolved materials into non-liquid PCBs and liquid PCBs. For multi-phasic non-liquid/liquid or liquid/liquid mixtures, the phases shall be separated before chemical analysis. Following phase separation, the PCB concentration in each non-liquid phase shall be determined on a dry weight basis and the PCB concentration in each liquid phase shall be determined separately on a wet weight basis. (iv) Any person disposing of multi-phasic non-liquid/liquid or liquid/liquid [[Page 602]] mixtures must use the PCB disposal requirements that apply to the individual phase with the highest PCB concentration except where otherwise noted. Alternatively, phases may be separated and disposed of using the PCB disposal requirements that apply to each separated, single-phase material. (5) No person may avoid any provision specifying a PCB concentration by diluting the PCBs, unless otherwise specifically provided. (6) Unless otherwise specified, references to weights or volumes of PCBs in this part apply to the total weight or total volume of the material (oil, soil, debris, etc.) that contains regulated concentrations of PCBs, not the calculated weight or volume of only the PCB molecules contained in the material. (c) Definitions of the terms used in these regulations are in subpart A. The basic requirements applicable to disposal and marking of PCBs and PCB Items are set forth in subpart D--Disposal of PCBs and PCB Items and in subpart C--Marking of PCBs and PCB Items. Prohibitions 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 authorizations 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 Substances Control Act (TSCA) states that failure to comply with these regulations is unlawful. Section 16 imposes liability for civil penalties upon any person who violates these regulations, and the Administrator can establish appropriate remedies for any violations subject to any limitations included in section 16 of TSCA. Section 16 also subjects a person to criminal prosecution for a violation which is knowing or willful. In addition, section 17 authorizes Federal district courts to enjoin activities prohibited by these regulations, compel the taking of actions required 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. (f) Unless and until superseded by any new more stringent regulations issued under EPA authorities, or any permits or any pretreatment requirements issued by EPA, a state or local government that affect release of PCBs to any particular medium: (1) Persons who inadvertently manufacture or import PCBs generated as unintentional impurities in excluded manufacturing processes, as defined in Sec. 761.3, are exempt from the requirements of subpart B of this part, provided 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 manufacturing processes defined in Sec. 761.3 are exempt from the requirements of subpart B provided that such persons comply with subpart J of this part, as applicable. (3) Persons who process, distribute in commerce, or use products containing recycled PCBs defined in Sec. 761.3, are exempt from the requirements of subpart B of this part, provided that such persons comply with subpart J of this part, as applicable. (4) Except as provided in Sec. 761.20 (d) and (e), persons who process, distribute in commerce, or use products containing excluded PCB products as defined in Sec. 761.3, are exempt from the requirements 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; 63 FR 35436, June 29, 1998; 64 FR 33759, June 24, 1999]