[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: 40CFR761.130]

[Page 690-691]
 
                   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 G_PCB Spill Cleanup Policy
 
Sec. 761.130  Sampling requirements.

    Postcleanup sampling is required to verify the level of cleanup 
under Sec. 761.125(c) (2) through (4). The responsible party may use 
any statistically valid, reproducible, sampling scheme (either random 
samples or grid samples) provided that the requirements of paragraphs 
(a) and (b) of this section are satisfied.
    (a) The sampling area is the greater of (1) an area equal to the 
area cleaned plus an additional 1-foot boundary, or (2) an area 20 
percent larger than the original area of contamination.
    (b) The sampling scheme must ensure 95 percent confidence against 
false positives.
    (c) The number of samples must be sufficient to ensure that areas of 
contamination of a radius of 2 feet or more within the sampling area 
will be detected, except that the minimum number of samples is 3 and the 
maximum number of samples is 40.
    (d) The sampling scheme must include calculation for expected 
variability due to analytical error.
    (e) EPA recommends the use of a sampling scheme developed by the 
Midwest Research Institute (MRI) for use in EPA enforcement inspections: 
``Verification of PCB Spill Cleanup by Sampling and Analysis.'' Guidance 
for the use of this sampling scheme is available in the MRI report 
``Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup.'' 
Both the MRI sampling scheme and the guidance document are available 
from the Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 
Room E-543B, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Telephone: (202) 554-1404, TDD: (202) 544-0551. The major advantage of 
this sampling scheme is that it is designed to characterize the degree 
of contamination within the entire sampling area with a high degree of 
confidence while using fewer samples

[[Page 691]]

than any other grid or random sampling scheme. This sampling scheme also 
allows some sites to be characterized on the basis of composite samples.
    (f) EPA may, at its discretion, take samples from any spill site. If 
EPA's sampling indicates that the remaining concentration level exceeds 
the required level, EPA will require further cleanup. For this purpose, 
the numerical level of cleanup required for spills cleaned in accordance 
with Sec. 761.125(b) is deemed to be the equivalent of numerical 
cleanup requirements required for cleanups under Sec. 761.125(c) (2) 
through (4). Using its best engineering judgment, EPA may sample a 
statistically valid random or grid sampling technique, or both. When 
using engineering judgment or random ``grab'' samples, EPA will take 
into account that there are limits on the power of a grab sample to 
dispute statistically based sampling of the type required of the 
responsible party. EPA headquarters will provide guidance to the EPA 
regions on the degree of certainty associated with various grab sample 
results.

[52 FR 10705, Apr. 2, 1987, as amended at 60 FR 34465, July 3, 1995]