[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: 40CFR761.3]
[Page 603-613]
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. 761.3 Definitions.
For the purpose of this part:
Administrator means the Administrator of the Environmental
Protection Agency, or any employee of the Agency to whom the
Administrator may either herein or by order delegate his authority 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 Environmental Protection Agency.
Air compressor system means air compressors, piping, receiver tanks,
volume tanks and bottles, dryers, airlines, and related appurtenances.
Annual document log means the detailed information maintained at the
facility on the PCB waste handling at the facility.
Annual report means the written document 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 included in the annual document log.
ASTM means American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
Byproduct means a chemical substance produced without separate
commercial intent during the manufacturing or processing of another
chemical substance(s) or mixture(s).
Capacitor means a device for accumulating and holding a charge of
electricity 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 assumptions may be used
if the actual weight of the dielectric fluid is unknown. A capacitor
whose total volume is less than 1,639 cubic centimeters (100 cubic
inches) may be considered to contain less than 1.36 kgs (3 lbs.) of
dielectric fluid and a capacitor whose total volume is more than 3,278
cubic centimeters (200 cubic inches) must be considered 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 dielectric 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.
[[Page 604]]
(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.).
CERCLA means the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601-9657).
Certification means a written statement regarding a specific fact or
representation that contains the following language:
Under civil and criminal penalties of law 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 accompanying 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 responsibility for the persons who, acting
under my direct instructions, made the verification that this
information is true, accurate, and complete.
Chemical substance, (1) except as provided in paragraph (2) of this
definition, 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 reaction 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 regulations 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 (determined without regard to
any exemptions 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
distributed in commerce for use as a food, food additive, drug,
cosmetic, or device.
Chemical waste landfill means a landfill 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 Sec. 761.75.
Cleanup site means the areal extent of contamination and all
suitable areas in very close proximity to the contamination necessary
for implementation of a cleanup of PCB remediation waste, regardless of
whether the site was intended for management of waste.
Commerce means trade, traffic, transportation, or other commerce:
(1) Between a place in a State and any place outside of such State,
or
(2) Which affects trade, traffic, transportation, or commerce
described in paragraph (1) of this definition.
Commercial storer of PCB waste means the owner or operator of each
facility that is subject to the PCB storage unit standards of Sec.
761.65(b)(1) or (c)(7) or meets the alternate storage criteria of Sec.
761.65(b)(2), and who engages in storage activities involving either PCB
waste generated by others or that was removed while servicing the
equipment owned by others and 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. A generator
who only stores its own waste is subject to the storage requirements of
Sec. 761.65, but is not required to obtain approval as a commercial
storer. If a facility's storage of PCB waste generated by others at no
time exceeds a total of 500 gallons of liquid and/or non-liquid material
containing PCBs at regulated levels, the owner or operator is a
commercial storer but is not required to seek EPA approval as a
commercial storer of PCB waste. Storage of one company's PCB waste by a
related company is not considered commercial storage. A ``related
company'' includes, but is not limited to: a parent company and its
subsidiaries; sibling companies owned by the same parent company;
companies owned by a common holding company; members of electric
cooperatives; entities within the same Executive agency as defined at 5
U.S.C. 105;
[[Page 605]]
and a company having a joint ownership interest in a facility from which
PCB waste is generated (such as a jointly owned electric power
generating station) where the PCB waste is stored by one of the co-
owners of the facility. A ``related company'' does not include another
voluntary member of the same trade association. Change in ownership or
title of a generator's facility, where the generator is storing PCB
waste, does not make the new owner of the facility 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 manifested shipment of PCB waste.
Disposal means intentionally or accidentally to discard, throw away,
or otherwise complete or terminate the useful life of PCBs and PCB
Items. Disposal 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 operates a facility approved by
EPA for the disposal of PCB waste which is regulated for disposal under
the requirements of subpart D of this part.
Distribute in commerce and Distribution in Commerce when used to
describe an action taken with respect to a chemical substance, mixture,
or article containing a substance or mixture means to sell, or the sale
of, the substance, mixture, or article in commerce; to introduce or
deliver for introduction into commerce, or the introduction or delivery
for introduction into commerce of the substance, mixture, or article; or
to hold or the holding of, the substance, mixture, or article after its
introduction into commerce.
DOT means the United States Department of Transportation.
Dry weight means the weight of the sample, excluding the weight of
the water in the sample. Prior to chemical analysis the water may be
removed by any reproducible method that is applicable to measuring PCBs
in the sample matrix at the concentration of concern, such as air drying
at ambient temperature, filtration, decantation, heating at low
temperature followed by cooling in the presence of a desiccant, or other
processes or combinations of processes which would remove water but not
remove PCBs from the sample. Analytical procedures which calculate the
dry weight concentration by adjusting for moisture content may also be
used.
EPA identification number means the 12-digit number assigned to a
facility by EPA upon notification of PCB waste activity under Sec.
761.205.
Excluded manufacturing process means a manufacturing process in
which quantities of PCBs, as determined in accordance with the
definition of inadvertently generated PCBs, calculated as defined, and
from which releases to products, air, and water meet the requirements of
paragraphs (1) through (5) of this definition, or the importation of
products containing PCBs as unintentional impurities, which products
meet the requirements of paragraphs (1) and (2) of this definition.
(1) The concentration of inadvertently generated PCBs in products
leaving any manufacturing site or imported into the United States must
have an annual average of less than 25 ppm, with a 50 ppm maximum.
(2) The concentration of inadvertently generated PCBs in the
components of detergent bars leaving the manufacturing site or imported
into the United States must be less than 5 ppm.
(3) The release of inadvertently generated PCBs at the point at
which emissions are vented to ambient air must be less than 10 ppm.
(4) The amount of inadvertently generated 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 subpart D of this part.
Excluded PCB products means PCB materials which appear at
concentrations less than 50 ppm, including but not limited to:
[[Page 606]]
(1) Non-Aroclor inadvertently generated PCBs as a byproduct or
impurity resulting from a chemical manufacturing process.
(2) Products contaminated with Aroclor or other PCB materials from
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
concentration PCBs were legally manufactured, processed, distributed in
commerce, or used before October 1, 1984.
(ii) The products or source of the products containing < 50 ppm
concentrations PCBs were legally manufactured, processed, distributed in
commerce, or used, i.e., pursuant to authority granted by EPA
regulation, by exemption petition, by settlement agreement, or pursuant
to other Agency-approved programs;
(iii) The resulting PCB concentration (i.e. below 50 ppm) is not a
result of dilution, or leaks and spills of PCBs in concentrations over
50 ppm.
Facility means all contiguous land, and structures, other
appurtenances, and improvements on the land, used for the treatment,
storage, or disposal of PCB waste. A facility may consist of one or more
treatment, storage, or disposal units.
Fluorescent light ballast means a device that electrically controls
fluorescent 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 requirements 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
requirements of subpart D of this part. Unless another provision of this
part specifically requires a site-specific meaning, ``generator of PCB
waste'' includes all of the sites of PCB waste generation owned or
operated by the person who generates PCB waste.
High occupancy area means any area where PCB remediation waste has
been disposed of on-site and where occupancy for any individual not
wearing dermal and respiratory protection for a calendar year is: 840
hours or more (an average of 16.8 hours or more per week) for non-porous
surfaces and 335 hours or more (an average of 6.7 hours or more per
week) for bulk PCB remediation waste. Examples could include a
residence, school, day care center, sleeping quarters, a single or
multiple occupancy 40 hours per week work station, a school class room,
a cafeteria in an industrial facility, a control room, and a work
station at an assembly line.
Importer means any person defined as an ``importer'' at Sec.
720.3(l) of this chapter who imports PCBs or PCB Items and is under the
jurisdiction of the United States.
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 parking area serving,
or within 30 meters 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
properties, (2) educational properties, (3) institutional properties,
(4) residential properties, (5) stores, (6) office buildings, and (7)
transportation centers (e.g., airport terminal buildings, subway
stations, bus stations, or train stations).
Incinerator means an engineered device using controlled flame
combustion to thermally degrade PCBs and PCB Items. Examples of devices
used for incineration include rotary kilns, liquid injection
incinerators, cement kilns, and high temperature boilers.
Industrial building means a building directly used in manufacturing
or technically productive enterprises. Industrial buildings are not
generally or
[[Page 607]]
typically accessible to other than workers. Industrial buildings include
buildings used directly in the production of power, the manufacture of
products, the mining of raw materials, and the storage of textiles,
petroleum products, wood and paper products, chemicals, plastics, and
metals.
Laboratory means a facility that analyzes samples for PCBs and is
unaffiliated with any entity whose activities involve PCBs.
Leak or leaking means any instance in which a PCB Article, PCB
Container, or PCB Equipment has any PCBs on any portion of its external
surface.
Liquid PCBs means a homogenous flowable material containing PCBs and
no more than 0.5 percent by weight non-dissolved material.
Low occupancy area means any area where PCB remediation waste has
been disposed of on-site and where occupancy for any individual not
wearing dermal and respiratory protection for a calendar year is: less
than 840 hours (an average of 16.8 hours per week) for non-porous
surfaces and less than 335 hours (an average of 6.7 hours per week) for
bulk PCB remediation waste. Examples could include an electrical
substation or a location in an industrial facility where a worker spends
small amounts of time per week (such as an unoccupied area outside a
building, an electrical equipment vault, or in the non-office space in a
warehouse where occupancy is transitory).
Manifest means the shipping document EPA form 8700-22 and any
continuation 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 electrical 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 capability to deenergize a PCB Transformer completely
within 1 minute of the receipt of a signal indicating abnormal operating
conditions such as an overtemperature condition or overpressure
condition in a PCB Transformer.
Manufacture means to produce, manufacture, 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, instructions, cautions, or other
information applied to PCBs and PCB Items, or other objects subject to
these regulations.
Marked means the marking of PCB Items and PCB storage areas and
transport 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 processing 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 result of a chemical reaction; except that such term does
include any combination which occurs, in whole or in part, as a result
of a chemical reaction if none of the chemical substances comprising the
combination is a new chemical substance and if the combination could
have been manufactured for commercial purposes without a chemical
reaction at the time the chemical substances comprising the combination
were combined.
Municipal solid wastes means garbage, refuse, sludges, wastes, and
other discarded materials resulting from residential and non-industrial
operations and activities, such as household activities, office
functions, and commercial housekeeping wastes.
Natural gas pipeline system means natural gas gathering facilities,
natural
[[Page 608]]
gas pipe, natural gas compressors, natural gas storage facilities, and
natural gas pipeline appurtenances (including instrumentation and
vessels directly in contact with transported natural gas such as valves,
regulators, drips, filter separators, etc., but not including air
compressors).
Non-liquid PCBs means materials containing PCBs that by visual
inspection do not flow at room temperature (25 [deg]C or 77 [deg]F) or
from which no liquid passes when a 100 g or 100 ml representative sample
is placed in a mesh number 60 5 percent paint
filter and allowed to drain at room temperature for 5 minutes.
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 reclassification has occurred, in accordance
with the requirements of Sec. 761.30(a)(2)(v).
Non-porous surface means a smooth, unpainted solid surface that
limits penetration of liquid containing PCBs beyond the immediate
surface. Examples are: smooth uncorroded metal; natural gas pipe with a
thin porous coating originally applied to inhibit corrosion; smooth
glass; smooth glazed ceramics; impermeable polished building stone such
as marble or granite; and high density plastics, such as polycarbonates
and melamines, that do not absorb organic solvents.
NTIS means the National Technical Information Service, U.S.
Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161.
On site means within the boundaries of a contiguous property unit.
Open burning means the combustion of any PCB regulated for disposal,
in a manner not approved or otherwise allowed under subpart D of this
part, and without any of the following:
(1) Control of combustion air to maintain adequate temperature for
efficient combustion.
(2) Containment of the combustion reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion.
(3) Control of emission of the gaseous combustion products.
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 contains such substance. Refer to Sec.
761.1(b) for applicable concentrations of PCBs. PCB and PCBs as
contained in PCB items are defined in Sec. 761.3. For any purposes
under this part, inadvertently generated non-Aroclor PCBs are defined as
the total PCBs calculated following 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 capacitors, transformers,
electric motors, pumps, pipes and any other manufactured item (1) which
is formed to a specific shape or design during manufacture, (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 bulk product waste means waste derived from manufactured
products containing PCBs in a non-liquid state, at any concentration
where the concentration at the time of designation for disposal was
=50 ppm PCBs. PCB bulk product waste does not include PCBs or
PCB Items regulated for disposal under Sec. 761.60(a) through (c),
Sec. 761.61, Sec. 761.63, or Sec. 761.64. PCB bulk product waste
includes, but is not limited to:
(1) Non-liquid bulk wastes or debris from the demolition of
buildings and other man-made structures manufactured, coated, or
serviced with PCBs. PCB bulk product waste does not include debris from
the demolition of
[[Page 609]]
buildings or other man-made structures that is contaminated by spills
from regulated PCBs which have not been disposed of, decontaminated, or
otherwise cleaned up in accordance with subpart D of this part.
(2) PCB-containing wastes from the shredding of automobiles,
household appliances, or industrial appliances.
(3) Plastics (such as plastic insulation from wire or cable; radio,
television and computer casings; vehicle parts; or furniture laminates);
preformed or molded rubber parts and components; applied dried paints,
varnishes, waxes or other similar coatings or sealants; caulking;
adhesives; paper; Galbestos; sound deadening or other types of
insulation; and felt or fabric products such as gaskets.
(4) Fluorescent light ballasts containing PCBs in the potting
material.
PCB Capacitor means any capacitor that contains =500 ppm
PCB. Concentration assumptions applicable to capacitors appear under
Sec. 761.2.
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 means a non-liquid material containing PCBs at
concentrations =50 ppm but < 500 ppm; a liquid material
containing PCBs at concentrations =50 ppm but < 500 ppm or
where insufficient liquid material is available for analysis, a non-
porous surface having a surface concentration 10 [micro]g/100
cm\2\ but < 100 [micro]g/100 cm\2\, measured by a standard wipe test as
defined in Sec. 761.123.
PCB-Contaminated Electrical Equipment means any electrical equipment
including, but not limited to, transformers (including those used in
railway locomotives and self-propelled cars), capacitors, circuit
breakers, reclosers, voltage regulators, switches (including
sectionalizers and motor starters), electromagnets, and cable, that
contains PCBs at concentrations of = 50 ppm and < 500 ppm in
the contaminating fluid. In the absence of liquids, electrical equipment
is PCB-Contaminated if it has PCBs at 10 [micro]g/100 cm\2\
and < 100 [micro]g/100 cm\2\ as measured by a standard wipe test (as
defined in Sec. 761.123) of a non-porous surface.
PCB Equipment means any manufactured item, other than a PCB
Container or a PCB Article Container, which contains a PCB Article or
other PCB Equipment, and includes microwave ovens, electronic equipment,
and fluorescent light ballasts and fixtures.
PCB field screening test means a portable analytical device or kit
which measures PCBs. PCB field screening tests usually report less than
or greater than a specific numerical PCB concentration. These tests
normally build in a safety factor which increases the probability of a
false positive report and decreases the probability of a false negative
report. PCB field screening tests do not usually provide: an identity
record generated by an instrument; a quantitative comparison record from
calibration standards; any identification of PCBs; and/or any indication
or identification of interferences with the measurement of the PCBs. PCB
field screening test technologies include, but are not limited to, total
chlorine colorimetric tests, total chlorine x-ray fluorescence tests,
total chlorine microcoulometric tests, and rapid immunoassay tests.
PCB household waste means PCB waste that is generated by residents
on the premises of a temporary or permanent residence for individuals
(including individually owned or rented units of a multi-unit
construction), and that is composed primarily of materials found in
wastes generated by consumers in their homes. PCB household waste
includes unwanted or discarded non-commercial vehicles (prior to
shredding), household items, and appliances or appliance parts and
wastes generated on the premises of a residence for individuals as a
result of routine household maintenance by or on behalf of the resident.
Bulk or commingled liquid PCB wastes at concentrations of =50
ppm, demolition and renovation wastes, and industrial or heavy duty
equipment with PCBs are not household wastes.
PCB Item means any PCB Article, PCB Article Container, PCB
Container, PCB Equipment, or anything that deliberately or
unintentionally contains or has as a part of it any PCB or PCBs.
PCB/radioactive waste means PCBs regulated for disposal under
subpart D
[[Page 610]]
of this part that also contain source, special nuclear, or byproduct
material subject to regulation under the Atomic Energy Act of 1954, as
amended, or naturally-occurring or accelerator-produced radioactive
material.
PCB remediation waste means waste containing PCBs as a result of a
spill, release, or other unauthorized disposal, at the following
concentrations: Materials disposed of prior to April 18, 1978, that are
currently at concentrations = 50 ppm PCBs, regardless of the
concentration of the original spill; materials which are currently at
any volume or concentration where the original source was =
500 ppm PCBs beginning on April 18, 1978, or = 50 ppm PCBs
beginning on July 2, 1979; and materials which are currently at any
concentration if the PCBs are spilled or released from a source not
authorized for use under this part. PCB remediation waste means soil,
rags, and other debris generated as a result of any PCB spill cleanup,
including, but not limited to:
(1) Environmental media containing PCBs, such as soil and gravel;
dredged materials, such as sediments, settled sediment fines, and
aqueous decantate from sediment.
(2) Sewage sludge containing < 50 ppm PCBs and not in use according
to Sec. 761.20(a)(4); PCB sewage sludge; commercial or industrial
sludge contaminated as the result of a spill of PCBs including sludges
located in or removed from any pollution control device; aqueous
decantate from an industrial sludge.
(3) Buildings and other man-made structures (such as concrete
floors, wood floors, or walls contaminated from a leaking PCB or PCB-
Contaminated Transformer), porous surfaces, and non-porous surfaces.
PCB sewage sludge means sewage sludge as defined in 40 CFR 503.9(w)
which contains =50 ppm PCBs, as measured on a dry weight
basis.
PCB Transformer means any transformer that contains =500
ppm PCBs. For PCB concentration assumptions applicable to transformers
containing 1.36 kilograms (3 lbs.) or more of fluid other than mineral
oil, see Sec. 761.2. For provisions permitting reclassification of
electrical equipment, including PCB Transformers, containing
=500 ppm PCBs to PCB-Contaminated Electrical Equipment, see
Sec. 761.30(a) and (h).
PCB waste(s) means those PCBs and PCB Items that are subject to the
disposal requirements of subpart D of this part.
Performance-based organic decontamination fluid (PODF) means
kerosene, diesel fuel, terpene hydrocarbons, and terpene hydrocarbon/
alcohol mixtures.
Person means any natural or judicial person including any
individual, corporation, partnership, or association; any State or
political subdivision thereof; any interstate body; and any department,
agency, or instrumentality of the Federal Government.
Porous surface means any surface that allows PCBs to penetrate or
pass into itself including, but not limited to, paint or coating on
metal; corroded metal; fibrous glass or glass wool; unglazed ceramics;
ceramics with a porous glaze; porous building stone such as sandstone,
travertine, limestone, or coral rock; low-density plastics such as
styrofoam and low-density polyethylene; coated (varnished or painted) or
uncoated wood; concrete or cement; plaster; plasterboard; wallboard;
rubber; fiberboard; chipboard; asphalt; or tar paper. For purposes of
cleaning and disposing of PCB remediation waste, porous surfaces have
different requirements than non-porous surfaces.
Posing an exposure risk to food or feed means being in any location
where human food or animal feed products could be exposed to PCBs
released from a PCB Item. A PCB Item poses an exposure risk to food or
feed if PCBs released in any way from the PCB Item have a potential
pathway to human food or animal feed. EPA considers human food or animal
feed to include items regulated by the U.S. Department of Agriculture or
the Food and Drug Administration as human food or animal feed; this
includes direct additives. Food or feed is excluded from 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:
[[Page 611]]
(1) In the same form or physical state as, or in a different form or
physical state from, that in which it was received 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 Sec. 761.70.
Any level of PCB concentration can be destroyed in an incinerator
approved under Sec. 761.70.
(2) A high efficiency boiler which complies with the criteria of
Sec. 761.71(a)(1), and for which the operator has given written notice
to the appropriate EPA Regional Administrator in accordance with the
notification requirements for the burning of mineral oil dielectric
fluid under Sec. 761.71(a)(2).
(3) An incinerator approved under section 3005(c) of the Resource
Conservation 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 279.61 (a)(1) and (2) when operating at their normal
operating temperatures (this prohibits feeding fluids, above the level
of detection, during either startup or shutdown operations).
Quantifiable Level/Level of Detection means 2 micrograms per gram
from any resolvable gas chromatographic peak, i.e. 2 ppm.
RCRA means the Resource Conservation and Recovery Act (40 U.S.C.
6901 et seq.).
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 concentrations of PCBs in asphalt
roofing material products leaving the processing site.
(2) The concentration of PCBs in paper products leaving any
manufacturing site processing paper products, or in paper products
imported into the United States, must have an annual average of less
than 25 ppm with a 50 ppm maximum.
(3) The release of PCBs at the point at which emissions are vented
to ambient air must be less than 10 ppm.
(4) The amount of Aroclor PCBs added to water discharged from an
asphalt roofing processing site must at all times be less than 3
micrograms per liter ([micro]g/L) for total Aroclors (roughly 3 parts
per billion (3 ppb)). Water discharges from the processing of paper
products must at all times be less than 3 micrograms per liter
([micro]g/L) for total Aroclors (roughly 3 ppb), or comply with the
equivalent mass-based limitation.
(5) Disposal of any other process wastes at concentrations of 50 ppm
or greater must be in accordance with subpart D of this part.
Research and development (R&D) for PCB disposal means demonstrations
for commercial PCB disposal approvals, pre-demonstration tests, tests of
major modifications to previously approved PCB disposal technologies,
treatability studies for PCB disposal technologies which have not been
approved, development of new disposal technologies, and research on
chemical transformation processes including, but not limited to,
biodegradation.
Retrofill means to remove PCB or PCB-contaminated dielectric fluid
and to replace it with either PCB, PCB-contaminated, or non-PCB
dielectric fluid.
Rupture of a PCB Transformer means a violent or non-violent break in
the integrity of a PCB Transformer caused by an overtemperature and/or
overpressure condition that results in the release of PCBs.
Sale for purposes other than resale means sale of PCBs for purposes
of disposal and for purposes of use, except where use involves sale for
distribution in commerce. PCB Equipment which is first leased for
purposes of use any time before July 1, 1979, will be considered sold
for purposes other than resale.
Sewage sludge means sewage sludge as defined in Sec. 503.9(w) of
this chapter that contains < 50 ppm (on a dry weight basis) PCBs.
Small quantities for research and development means any quantity of
PCBs (1) that is originally packaged in one or more hermetically sealed
containers of a volume of no more than five (5.0) milliliters, and (2)
that is used only for purposes of scientific experimentation or
analysis, or chemical research on, or
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analysis of, PCBs, but not for research or analysis for the development
of a PCB product.
Soil washing means the extraction of PCBs from soil using a solvent,
recovering the solvent from the soil, separating the PCBs from the
recovered solvent for disposal, and then disposal or reuse of the
solvent.
Standard wipe sample means a sample collected for chemical
extraction and analysis using the standard wipe test as defined in Sec.
761.123. Except as designated elsewhere in part 761, the minimum surface
area to be sampled shall be 100 cm\2\.
Storage for disposal means temporary storage of PCBs that have been
designated for disposal.
SW-846 means the document having the title ``SW-846, Test Methods
for Evaluating Solid Waste,'' which is available from either the
National Technical Information Service (NTIS, U.S. Department of
Commerce, 5285 Port Royal Rd., Springfield, VA 22161, telephone: (703)
487-4650 or the U.S. Government Printing Office (U.S. GPO, 710 North
Capitol St., NW., Washington, DC 20401, telephone: (202) 783-3238.
Totally enclosed manner means any manner that will ensure no
exposure of human beings or the environment to any concentration of
PCBs.
Transfer facility means any transportation-related facility
including loading docks, parking areas, and other similar areas where
shipments of PCB waste are held during the normal course of
transportation. Transport vehicles 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 facilities are subject to the storage facility standards of
Sec. 761.65, but such storage areas are exempt from the approval
requirements of Sec. 761.65(d) and the recordkeeping requirements of
Sec. 761.180, unless the same PCB waste is stored there for a period of
more than 10 consecutive days between destinations.
Transporter of PCB waste means, for the purposes of subpart K of
this part, any person engaged in the transportation of regulated PCB
waste by air, rail, highway, or water for purposes other than
consolidation by a generator.
Transport vehicle means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body (e.g.,
trailer, railroad freight car) is a separate transport vehicle.
Treatability Study means a study in which PCB waste is subjected to
a treatment process to determine:
(1) Whether the waste is amenable to the treatment process;
(2) What pretreatment (if any) is required;
(3) The optimal process conditions needed to achieve the desired
treatment;
(4) The efficiency of a treatment process for the specific type of
waste (i.e., soil, sludge, liquid, etc.); or,
(5) The characteristics and volumes of residuals from a particular
treatment process. A ``treatability study'' is not a mechanism to
commercially treat or dispose of PCB waste. Treatment is a form of
disposal under this part.
TSCA means the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.).
TSCA PCB Coordinated Approval means the process used to recognize
other Federal or State waste management documents governing the storage,
cleanup, treatment, and disposal of PCB wastes. It is the mechanism
under TSCA for accomplishing review, coordination, and approval of PCB
waste management activities which are conducted outside of the TSCA PCB
approval process, but require approval under the TSCA PCB regulations at
40 CFR part 761.
Unit means a particular building, structure, or cell used to manage
PCB waste (including, but not limited to, a building used for PCB waste
storage, a landfill, an industrial boiler, or an incinerator).
U.S. GPO means the U.S. Government Printing Office, 710 North
Capitol St., NW., Washington, DC 20401.
Waste Oil means used products primarily derived from petroleum,
which include, but are not limited to, fuel oils, motor oils, gear oils,
cutting oils, transmission fluids, hydraulic fluids, and dielectric
fluids.
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Wet weight means reporting chemical analysis results by including
either the weight, or the volume and density, of all liquids.
(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; 61 FR 11106, Mar. 18, 1996; 63 FR
35437, June 29, 1998; 64 FR 33759, June 24, 1999]