[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.180]
[Page 692-697]
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 J_General Records and Reports
Sec. 761.180 Records and monitoring.
This section contains recordkeeping and reporting requirements that
apply to PCBs, PCB Items, and PCB storage and disposal facilities that
are subject to the requirements of the part.
(a) PCBs and PCB Items in service or projected for disposal.
Beginning February 5, 1990, each owner or operator of a facility, other
than a commercial storer or a disposer of PCB waste, using or storing at
any one time at least 45 kilograms (99.4 pounds) of PCBs contained in
PCB Container(s), or one or more PCB Transformers, or 50 or more PCB
Large High or Low Voltage Capacitors shall develop and maintain at the
facility, or a central facility provided they are maintained at that
facility, all annual records and the written annual document log of the
disposition of PCBs and PCB Items. The written annual document log must
be prepared for each facility by July 1 covering the previous calendar
year (January through December). The annual document log shall be
maintained for at least 3 years after the facility ceases using or
storing PCBs and PCB Items in the quantities prescribed in this
paragraph. Annual records (manifests and certificates of disposal) shall
be maintained for the same period. The annual records and the annual
document log shall be available for inspection at the facility where
they are maintained by authorized representatives of EPA during normal
business hours, and each owner or operator of a facility subject to
these requirements
[[Page 693]]
shall know the location of these records. All records and annual
documents required to be prepared and maintained by this section prior
to February 5, 1990 shall continue to be maintained at the facility for
the same time as the annual records and the annual document log. The
annual document required for 1989 shall cover the period from January 1,
1989 to February 5, 1990.
(1) The annual records shall include the following:
(i) All signed manifests generated by the facility during the
calendar year.
(ii) All Certificates of Disposal that have been received by the
facility during the calendar year.
(iii) Records of inspections and cleanups performed in accordance
with Sec. 761.65(c)(5).
(2) The written annual document log shall include the following:
(i) The name, address, and EPA identification number of the facility
covered by the annual document log and the calendar year covered by the
annual document log.
(ii) The unique manifest number of every manifest generated by the
facility during the calendar year, and from each manifest and for
unmanifested waste that may be stored at the facility, the following
information:
(A) For bulk PCB waste (e.g., in a tanker or truck), its weight in
kilograms, the first date it was removed from service for disposal, the
date it was placed into transport for off-site storage or disposal, and
the date of disposal, if known.
(B) The serial number (if available) or other means of identifying
each PCB Article (e.g., transformer or capacitor), the weight in
kilograms of the PCB waste in each transformer or capacitor, the date it
was removed from service for disposal, the date it was placed in
transport for off-site storage or disposal, and the date of disposal, if
known.
(C) A unique number identifying each PCB Container, a description of
the contents of each PCB Container, such as liquid, soil, cleanup
debris, etc., including the total weight of the material in kilograms in
each PCB Container, the first date material placed in each PCB Container
was removed from service for disposal, and the date each PCB Container
was placed in transport for off-site storage or disposal, and the date
of disposal (if known).
(D) A unique number identifying each PCB Article Container, a
description of the contents of each PCB Article Container, such as
pipes, capacitors, electric motors, pumps, etc., including the total
weight in kilograms of the content of each PCB Article Container, the
first date a PCB Article placed in each PCB Article Container was
removed from service for disposal, and the date the PCB Article
Container was placed in transport for off-site storage or disposal, and
the date of disposal (if known.)
(iii) The total number by specific type of PCB Articles and the
total weight in kilograms of PCBs in PCB Articles, the total number of
PCB Article Containers and total weight in kilograms of the contents of
PCB Article Containers, the total number of PCB Containers and the total
weight in kilograms of the contents of PCB Containers, and the total
weight in kilograms of bulk PCB waste that was placed into storage for
disposal or disposed during the calendar year.
(iv) The total number of PCB Transformers and total weight in
kilograms of PCBs contained in the transformers remaining in service at
the end of the calendar year.
(v) The total number of Large High or Low Voltage PCB Capacitors
remaining in service at the end of the calendar year.
(vi) The total weight in kilograms of any PCBs and PCB Items in PCB
Containers, including the identification of container contents,
remaining in service at the facility at the end of the calendar year.
(vii) For any PCBs or PCB item received from or shipped to another
facility owned or operated by the same generator, the information
required under paragraph (a)(2)(ii)(A) through (a)(2)(ii)(D) of this
section.
(viii) A record of each telephone call, or other means of
verification agreed upon by both parties, made to each designated
commercial storer or designated disposer to confirm receipt of
[[Page 694]]
PCB waste transported by an independent transporter, as required by
Sec. 761.208.
(ix) Whenever a PCB Item, excluding small capacitors, with a
concentration of =50 ppm is distributed in commerce for reuse
pursuant to Sec. 761.20(c)(1), the name, address, and telephone number
of the person to whom the item was transferred, date of transfer, and
the serial number of the item or the internal identification number, if
a serial number is not available, must be recorded in the annual
document log. The serial number or internal identification number shall
be permanently marked on the equipment.
(3) [Reserved]
(4) For purposes of this paragraph, PCB Voltage Regulators shall be
recorded as PCB Transformers.
(b) Disposers and commercial storers of PCB waste. Beginning
February 5, 1990, each owner or operator of a facility (including high
efficiency boiler operations) used for the commercial storage or
disposal of PCBs and PCB Items shall maintain annual records on the
disposition of all PCBs and PCB items at the facility and prepare and
maintain a written annual document log that includes the information
required by paragraphs (b)(2) of this section for PCBs and PCB Items
that were handled as PCB waste at the facility. The written annual
document log shall be prepared by July 1 for the previous calendar year
(January through December). The written annual document log shall be
maintained at each facility for at least 3 years after the facility is
no longer used for the storage or disposal of PCBs and PCB Items except
that, in the case of chemical waste landfills, the annual document log
shall be maintained at least 20 years after the chemical waste landfill
is no longer used for the disposal of PCBs and PCB Items. The annual
records shall be maintained for the same period. The annual records and
written annual document log shall be available at the facility for
inspection by authorized representatives of the EPA. All records and
annual documents required to be prepared and maintained by this section
prior to February 5, 1990 shall continue to be maintained at the
facility for the same time as the annual records and the annual document
log. The annual document for 1989 shall cover the period from January 1,
1989 to February 5, 1990. From the written annual document log the owner
or operator of a facility must prepare the annual report containing the
information required by paragraphs (b)(3)(i) through (b)(3)(vi) of this
section for PCBs and PCB Items that were handled as PCB waste at the
facility during the previous calendar year (January through December).
The annual report must be submitted by July 15 of each year for the
preceding calendar year. If the facility ceases commercial PCB storage
or disposal operations, the owner or operator of the facility shall
provide at least 60 days advance written notice to the Regional
Administrator for the region in which the facility is located of the
date the facility intends to begin closure. d
(1) The annual records shall include the following:
(i) All signed manifests generated or received at the facility
during the calendar year.
(ii) All Certificates of Disposal that have been generated or
received by the facility during the calendar year.
(iii) Records of inspections and cleanups performed in accordance
with Sec. 761.65(c)(5).
(2) The written annual document log shall include the following:
(i) The name, address, and EPA identification number of the storage
or disposal facility covered by the annual document log and the calendar
year covered by the annual document log.
(ii) For each manifest generated or received by the facility during
the calendar year, the unique manifest number and the name and address
of the facility that generated the manifest and the following
information:
(A) For bulk PCB waste (e.g., in a tanker or truck), its weight in
kilograms, the first date PCB waste placed in the tanker or truck was
removed from service for disposal, the date it was received at the
facility, the date it was placed in transport for off-site disposal (if
applicable), and the date of disposal, (if known ).
(B) The serial number or other means of identifying each PCB
Article, not in a PCB Container or PCB Article Container, the weight in
kilograms of the
[[Page 695]]
PCB waste in the PCB Article, the date it was removed from service for
disposal, the date it was received at the facility, the date it was
placed in transport for off-site disposal (if applicable), and the date
of disposal (if known).
(C) The unique number assigned by the generator identifying each PCB
Container, a description of the contents of each PCB Container, such as
liquid, soil, cleanup debris, etc., including the total weight of the
PCB waste in kilograms in each PCB Container, the first date PCB waste
placed in each PCB Container was removed from service for disposal, the
date it was received at the facility, the date each PCB Container was
placed in transport for off-site storage or disposal (as applicable),
and the date the PCB Container was disposed of (if known).
(D) The unique number assigned by the generator identifying each PCB
Article Container, a description of the contents of each PCB Article
Container, such as pipes, capacitors, electric motors, pumps, etc.,
including the total weight in kilograms of the PCB waste in each PCB
Article Container, the first date a PCB Article placed in each PCB
Article Container was removed from service for disposal, the date it was
received at the facility, the date each PCB Article Container was placed
in transport for off-site storage or disposal (as applicable), and the
date the PCB Article Container was disposed of (if known).
(E) Disposers of PCB waste shall include the confirmed date of
disposal for items in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(D) of
this section.
(iii) For any PCB waste disposed at a facility that generated the
PCB waste or any PCB waste that was not manifested to the facility, the
information required under paragraph (b)(2)(ii)(A) through (b)(2)(ii)(E)
of this section.
(3) The owner or operator of a PCB disposal facility (including an
owner or operator who disposes of his/her own waste and does not receive
or generate manifests) or a commercial storage facility shall submit an
annual report, which briefly summarizes the records and annual document
log required to be maintained and prepared under paragraphs (b)(1) and
(b)(2) of this section to the EPA Regional Administrator of the Region
in which the facility is located by July 15 of each year, beginning with
July 15, 1991. The first annual report submitted on July 15, 1991, shall
be for the period starting February 5, 1990, and ending December 31,
1990. The annual report shall contain no confidential business
information. The annual report shall consist of the information listed
in paragraphs (b)(3)(i) through (b)(3)(vi) of this section.
(i) The name, address, and EPA identification number of the facility
covered by the annual report for the calendar year.
(ii) A list of the numbers of all signed manifests of PCB waste
initiated or received by the facility during that year.
(iii) The total weight in kilograms of bulk PCB waste, PCB waste in
PCB Transformers, PCB waste in PCB Large High or Low Voltage Capacitors,
PCB waste in PCB Article Containers, and PCB waste in PCB Containers in
storage at the facility at the beginning of the calendar year, received
or generated at the facility, transferred to another facility, or
disposed of at the facility during the calendar year. The information
must be provided for each of these categories, as appropriate.
(iv) The total number of PCB Transformers, the total number of PCB
Large High or Low Voltage Capacitors, the total number of PCB Article
Containers, and the total number of PCB Containers in storage at the
facility at the beginning of the calendar year, received or generated at
the facility, transferred to another facility, or disposed of at the
facility during the calendar year. The information must be provided for
each of these categories, as appropriate.
(v) The total weight in kilograms of each of the following PCB
categories: bulk PCB waste, PCB waste in PCB Transformers, PCB waste in
PCB Large High or Low Voltage Capacitors, PCB waste in PCB Article
Containers, and PCB waste in PCB Containers remaining in storage for
disposal at the facility at the end of the calendar year.
(vi) The total number of PCB Transformers, the total number of PCB
Large High or Low Voltage Capacitors,
[[Page 696]]
the total number of PCB Article Containers, and the total number of PCB
Containers remaining in storage for disposal at the facility at the end
of the calendar year.
(vii) The requirement to submit annual reports to the Regional
Administrator continues until the submission of the annual report for
the calendar year during which the facility ceases PCB storage or
disposal operations. Storage operations have not ceased until all PCB
waste, including any PCB waste generated during closure, has been
removed from the facility.
(4) Whenever a commercial storer of PCB waste accepts PCBs or PCB
Items at his storage facility and transfers the PCB waste off-site to
another facility for storage or disposal, the commercial storer of PCB
waste shall initiate a manifest under subpart K of this part for the
transfer of PCBs or PCB Items to the next storage or disposal facility.
Note: Any requirements for weights in kilograms of PCBs may be
calculated values if the internal volume of PCBs in containers and
transformers is known and included in the reports, together with any
assumptions on the density of the PCBs contained in the containers or
tranformers. If the internal volume of PCBs is not known, a best
estimate may be used.
(5) For purposes of this paragraph, PCB Voltage Regulators shall be
recorded and reported as PCB Transformers.
(c) Incineration facilities. Each owner or operator of a PCB
incinerator facility shall collect and maintain for a period of 5 years
from the date of collection the following information, in addition to
the information required in paragraph (b) of this section:
(1) When PCBs are being incinerated, the following continuous and
short-interval data:
(i) Rate and quantity of PCBs fed to the combustion system as
required in Sec. 761.70(a)(3);
(ii) Temperature of the combustion process as required in Sec.
761.70(a)(4); and
(iii) Stack emission product to include O2, CO, and
CO2 as required in Sec. 761.70(a)(7).
(2) When PCBs are being incinerated, data and records on the
monitoring of stack emissions as required in Sec. 761.70(a)(6).
(3) Total weight in kilograms of any solid residues generated by the
incineration of PCBs and PCB Items during the calendar year, the total
weight in kilograms of any solid residues disposed of by the facility in
chemical waste landfills, and the total weight in kilograms of any solid
residues remaining on the facility site.
(4) When PCBs and PCB Items are being incinerated, additional
periodic data shall be collected and maintained as specified by the
Regional Administrator pursuant to Sec. 761.70(d)(4).
(5) Upon any suspension of the operation of any incinerator pursuant
to Sec. 761.70(a)(8), the owner or operator of such an incinerator
shall prepare a document. The document shall, at a minimum, include the
date and time of the suspension and an explanation of the circumstances
causing the suspension of operation. The document shall be sent to the
appropriate Regional Administrator within 30 days of any such
suspension.
(d) Chemical waste landfill facilities. Each owner or operator of a
PCB chemical waste landfill facility shall collect and maintain until at
least 20 years after the chemical waste landfill is no longer used for
the disposal of PCBs the following information in addition to the
information required in paragraph (b) of this section:
(1) Any water analysis obtained in compliance with Sec.
761.75(b)(6)(iii); and
(2) Any operations records including burial coordinates of wastes
obtained in compliance with Sec. 761.75(b)(8)(ii).
(e) High efficiency boiler facilities. Each owner or operator of a
high efficiency boiler used for the disposal of liquids between 50 and
500 ppm PCB shall collect and maintain for a period of 5 years the
following information, in addition to the information required in
paragraph (b) of this section:
(1) For each month PCBs are burned in the boiler the carbon monoxide
and excess oxygen data required in Sec. 761.71(a)(1)(viii) and Sec.
761.71(b)(1)(viii);
(2) The quantity of PCBs burned each month as required in Sec.
761.71(a)(1)(vii) and Sec. 761.71(b)(1)(vii); and
(3) For each month PCBs (other than mineral oil dielectric fluid)
are burned, chemical analysis data of the waste as required in Sec.
761.71(b)(2)(vi).
[[Page 697]]
(f) Retention of special records by storage and disposal facilities.
In addition to the information required to be maintained under
paragraphs (b), (c), (d) and (e) of this section, each owner or operator
of a PCB storage or disposal facility (including high efficiency boiler
operations) shall collect and maintain for the time period specified in
paragraph (b) of this section the following data:
(1) All documents, correspondence, and data that have been provided
to the owner or operator of the facility by any State or local
government agency and that pertain to the storage or disposal of PCBs
and PCB Items at the facility.
(2) All documents, correspondence, and data that have been provided
by the owner or operator of the facility to any State or local
government agency and that pertain to the storage or disposal of PCBs
and PCB Items at the facility.
(3) Any applications and related correspondence sent by the owner or
operator of the facility to any local, State, or Federal authorities in
regard to waste water discharge permits, solid waste permits, building
permits, or other permits or authorizations such as those required by
Sec. Sec. 761.70(d) and 761.75(c).
(g) Reclassification records. If you reclassify electrical equipment
using the procedures in Sec. 761.30(a)(2)(v) or Sec. 761.30(h)(2)(v),
you must keep records showing that you followed the required
reclassification procedures. Where these procedures require testing, the
records must include copies of pre- and post-reclassification PCB
concentration measurements from a laboratory using quality control and
quality assurance procedures. You must make these records available
promptly to EPA or to any party possessing the equipment through sale,
loan, lease, or for servicing. You must retain the records for at least
3 years after you sell or dispose of the equipment.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C. 2605)
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982,
and further redesignated at 47 FR 37360, Aug. 25, 1982; 49 FR 28191,
July 10, 1984; 53 FR 12524, Apr. 15, 1988; 54 FR 52750, Dec. 21, 1989;
55 FR 26205, June 27, 1990; 58 FR 34205, June 23, 1993; 63 FR 35461,
June 29, 1998; 66 FR 17619, Apr. 2, 2001]