[Title 40 CFR G]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter R - TOXIC SUBSTANCES CONTROL ACT]
[Part 761 - POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS]
[Subpart G - PCB Spill Cleanup Policy]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT231999-07-011999-07-01falsePCB Spill Cleanup PolicyGSubpart GPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)TOXIC SUBSTANCES CONTROL ACTPOLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS
Subpart G--PCB Spill Cleanup Policy
Source: 52 FR 10705, Apr. 2, 1987, unless otherwise noted.
Sec. 761.120 Scope.
(a) General. This policy establishes criteria EPA will use to
determine the adequacy of the cleanup of spills resulting from the
release of materials containing PCBs at concentrations of 50 ppm or
greater. The policy applies to spills which occur after May 4, 1987.
(1) Existing spills (spills which occurred prior to May 4, 1987, are
excluded from the scope of this policy for two reasons:
(i) For old spills which have already been discovered, this policy
is not intended to require additional cleanup where a party has already
cleaned a spill in accordance with requirements imposed by EPA through
its regional offices, nor is this policy intended to interfere with
ongoing litigation of enforcement actions which bring into issue PCB
spills cleanup.
(ii) EPA recognizes that old spills which are discovered after the
effective date of this policy will require site-by-site evaluation
because of the likelihood that the site involves more pervasive PCB
contamination than fresh
[[Page 592]]
spills and because old spills are generally more difficult to clean up
than fresh spills (particularly on porous surfaces such as concrete).
Therefore, spills which occurred before the effective date of this
policy are to be decontaminated to requirements established at the
discretion of EPA, usually through its regional offices.
(2) EPA expects most PCB spills subject to the TSCA PCB regulations
to conform to the typical spill situations considered in developing this
policy. This policy does, however, exclude from application of the final
numerical cleanup standards certain spill situations from its scope:
Spills directly into surface waters, drinking water, sewers, grazing
lands, and vegetable gardens. These types of spills are subject to final
cleanup standards to be established at the discretion of the regional
office. These spills are, however, subject to the immediate notification
requirements and measures to minimize further environmental
contamination.
(3) For all other spills, EPA generally expects the decontamination
standards of this policy to apply. Occasionally, some small percentage
of spills covered by this policy may warrant more stringent cleanup
requirements because of additional routes of exposure or significantly
greater exposures than those assumed in developing the final cleanup
standards of this policy. While the EPA regional offices have the
authority to require additional cleanup in these circumstances, the
Regional Administrator must first make a finding based on the specific
facts of a spill that additional cleanup must occur to prevent
unreasonable risk. In addition, before a final decision is made to
require additional cleanup, the Regional Administrator must notify the
Director, Office of Pollution Prevention and Toxics at Headquarters of
his/her finding and the basis for the finding.
(4) There may also be exceptional spill situations that requires
less stringent cleanup or a different approach to cleanup because of
factors associated with the particular spill. These factors may mitigate
expected exposures and risks or make cleanup to these requirements
impracticable.
(b) Spills that may require more stringent cleanup levels. For
spills within the scope of this policy, EPA generally retains, under
Sec. 761.135, the authority to require additional cleanup upon finding
that, despite good faith efforts by the responsible party, the numerical
decontamination levels in the policy have not been met. In addition, EPA
foresees the possibility of exceptional spill situations in which site-
specific risk factors may warrant additional cleanup to more stringent
numerical decontamination levels than are required by the policy. In
these situations, the Regional Administrator has the authority to
require cleanup to levels lower than those included in this policy upon
finding that further cleanup must occur to prevent unreasonable risk.
The Regional Administrator will consult with the Director, Office of
Pollution Prevention and Toxics, prior to making such a finding.
(1) For example, site-specific characteristics, such as short depth
to ground water, type of soil, or the presence of a shallow well, may
pose exceptionally high potential for ground water contamination by PCBs
remaining after cleanup to the standards specified in this policy.
Spills that pose such a high degree of potential for ground water
contamination have not been excluded from the policy under paragraph (d)
of this section because the presence of such potential may not be
readily apparent. EPA feels that automatically excluding such spills
from the scope of the policy could result in the delay of cleanup--a
particularly undesirable outcome if potential ground water contamination
is, in fact, a significant concern.
(2) In those situations, the Regional Administrator may require
cleanup in addition to that required under Sec. 761.125 (b) and (c).
However, the Regional Administrator must first make a finding, based on
the specific facts of a spill, that additional cleanup is necessary to
prevent unreasonable risk. In addition, before making a final decision
on additional cleanup, the Regional Administrator must notify the
Director of the Office of Pollution Prevention and Toxics of his finding
and the basis for the finding.
[[Page 593]]
(c) Flexibility to allow less stringent or alternative requirements.
EPA retains the flexibility to allow less stringent or alternative
decontamination measures based upon site-specific considerations. EPA
will exercise this flexibility if the responsible party demonstrates
that cleanup to the numerical decontamination levels is clearly
unwarranted because of risk-mitigating factors, that compliance with the
procedural requirements or numerical standards in the policy is
impracticable at a particular site, or that site-specific
characteristics make the costs of cleanup prohibitive. The Regional
Administrator will notify the Director of OPPT of any decision and the
basis for the decision to allow less stringent cleanup. The purpose of
this notification is to enable the Director of OPPT to ensure
consistency of spill cleanup standards under special circumstances
across the regions.
(d) Excluded spills. (1) Although the spill situations in paragraphs
(d)(2) (i) through (vi) of this section are excluded from the automatic
application of final decontamination standards under Sec. 761.125 (b)
and (c), the general requirements under Sec. 761.125(a) do apply to
these spills. In addition, all of these excluded situations require
practicable, immediate actions to contain the area of contamination.
While these situations may not always require more stringent cleanup
measures, the Agency is excluding these scenarios because they will
always involve significant factors that may not be adequately addressed
by cleanup standards based upon typical spill characteristics.
(2) For the spill situations in paragraphs (d)(2)(i) through (vi) of
this section, the responsible party shall decontaminate the spill in
accordance with site-specific requirements established by the EPA
regional offices.
(i) Spills that result in the direct contamination of surface waters
(surface waters include, but are not limited to, ``waters of the United
States'' as defined in part 122 of this chapter, ponds, lagoons,
wetlands, and storage reservoirs).
(ii) Spills that result in the direct contamination of sewers or
sewage treatment systems.
(iii) Spills that result in the direct contamination of any private
or public drinking water sources or distribution systems.
(iv) Spills which migrate to and contaminate surface waters, sewers,
or drinking water supplies before cleanup has been completed in
accordance with this policy.
(v) Spills that contaminate animal grazing lands.
(vi) Spills that contaminate vegetable gradens.
(e) Relationship of policy to other statutes. (1) This policy does
not affect cleanup standards or requirements for the reporting of spills
imposed, or to be imposed, under other Federal statutory authorities,
including but not limited to, the Clean Water Act (CWA), the Resource
Conservation and Recovery Act (RCRA), and the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (CERCLA)
as amended by the Superfund Amendments and Reauthorization Act (SARA).
Where more than one requirement applies, the stricter standard must be
met.
(2) The Agency recognizes that the existence of this policy will
inevitably result in attempts to apply the standards to situations
within the scope of other statutory authorities. However, other statutes
require the Agency to consider different or alternative factors in
determining appropriate corrective actions. In addition, the types and
magnitudes of exposures associated with sites requiring corrective
action under other statutes often involve important differences from
those expected of the typical, electrical equipment-type spills
considered in developing this policy. Thus, cleanups under other
statutes, such as RCRA corrective actions or remedial and response
actions under SARA may result in different outcomes.
Sec. 761.123 Definitions.
For purposes of this policy, certain words and phrases are used to
denote specific materials, procedures, or circumstances. The following
definitions are provided for purposes of clarity and are not to be taken
as exhaustive lists of situations and materials covered by the policy.
[[Page 594]]
Double wash/rinse means a minimum requirement to cleanse solid
surfaces (both impervious and nonimpervious) two times with an
appropriate solvent or other material in which PCBs are at least 5
percent soluble (by weight). A volume of PCB-free fluid sufficient to
cover the contaminated surface completely must be used in each wash/
rinse. The wash/rinse requirement does not mean the mere spreading of
solvent or other fluid over the surface, nor does the requirement mean a
once-over wipe with a soaked cloth. Precautions must be taken to contain
any runoff resulting from the cleansing and to dispose properly of
wastes generated during the cleansing.
High-concentration PCBs means PCBs that contain 500 ppm or greater
PCBs, or those materials which EPA requires to be assumed to contain 500
ppm or greater PCBs in the absence of testing.
High-contact industrial surface means a surface in an industrial
setting which is repeatedly touched, often for relatively long periods
of time. Manned machinery and control panels are examples of high-
contact industrial surfaces. High-contact industrial surfaces are
generally of impervious solid material. Examples of low-contact
industrial surfaces include ceilings, walls, floors, roofs, roadways and
sidewalks in the industrial area, utility poles, unmanned machinery,
concrete pads beneath electrical equipment, curbing, exterior structural
building components, indoor vaults, and pipes.
High-contact residential/commercial surface means a surface in a
residential/commercial area which is repeatedly touched, often for
relatively long periods of time. Doors, wall areas below 6 feet in
height, uncovered flooring, windowsills, fencing, bannisters, stairs,
automobiles, and children's play areas such as outdoor patios and
sidewalks are examples of high-contact residential/commercial surfaces.
Examples of low-contact residential/commercial surfaces include interior
ceilings, interior wall areas above 6 feet in height, roofs, asphalt
roadways, concrete roadways, wooden utility poles, unmanned machinery,
concrete pads beneath electrical equipment, curbing, exterior structural
building components (e.g., aluminum/vinyl siding, cinder block, asphalt
tiles), and pipes.
Impervious solid surfaces means solid surfaces which are nonporous
and thus unlikely to absorb spilled PCBs within the short period of time
required for cleanup of spills under this policy. Impervious solid
surfaces include, but are not limited to, metals, glass, aluminum
siding, and enameled or laminated surfaces.
Low-concentration PCBs means PCBs that are tested and found to
contain less than 500 ppm PCBs, or those PCB-containing materials which
EPA requires to be assumed to be at concentrations below 500 ppm (i.e.,
untested mineral oil dielectric fluid).
Nonimpervious solid surfaces means solid surfaces which are porous
and are more likely to absorb spilled PCBs prior to completion of the
cleanup requirements prescribed in this policy. Nonimpervious solid
surfaces include, but are not limited to, wood, concrete, asphalt, and
plasterboard.
Nonrestricted access areas means any area other than restricted
access, outdoor electrical substations, and other restricted access
locations, as defined in this section. In addition to residential/
commercial areas, these areas include unrestricted access rural areas
(areas of low density development and population where access is
uncontrolled by either man-made barriers or naturally occurring
barriers, such as rough terrain, mountains, or cliffs).
Other restricted access (nonsubstation) locations means areas other
than electrical substations that are at least 0.1 kilometer (km) from a
residential/commercial area and limited by man-made barriers (e.g.,
fences and walls) to substantially limited by naturally occurring
barriers such as mountains, cliffs, or rough terrain. These areas
generally include industrial facilities and extremely remote rural
locations. (Areas where access is restricted but are less than 0.1 km
from a residential/commercial area are considered to be residential/
commercial areas.)
Outdoor electrical substations means outdoor, fenced-off, and
restricted access areas used in the transmission and/or distribution of
electrical power Outdoor electrical substations restrict public access
by being fenced or walled
[[Page 595]]
off as defined under Sec. 761.30(l)(1)(ii). For purposes of this TSCA
policy, outdoor electrical substations are defined as being located at
least 0.1 km from a residential/commercial area. Outdoor fenced-off and
restricted access areas used in the transmission and/or distribution of
electrical power which are located less than 0.1. km from a residential/
commercial area are considered to be residential/commercial areas.
PCBs means polychlorinated biphenyls as defined under Sec. 761.3. As
specified under Sec. 761.1(b), no requirements may be avoided through
dilution of the PCB concentration.
Requirements and standards means:
(1) ``Requirements'' as used in this policy refers to both the
procedural responses and numerical decontamination levels set forth in
this policy as constituting adequate cleanup of PCBs.
(2) ``Standards'' refers to the numerical decontamination levels set
forth in this policy.
Residential/commercial areas means those areas where people live or
reside, or where people work in other than manufacturing or farming
industries. Residential areas include housing and the property on which
housing is located, as well as playgrounds, roadways, sidewalks, parks,
and other similar areas within a residential community. Commercial areas
are typically accessible to both members of the general public and
employees and include public assembly properties, institutional
properties, stores, office buildings, and transportation centers.
Responsible party means the owner of the PCB equipment, facility, or
other source of PCBs or his/her designated agent (e.g., a facility
manager or foreman).
Soil means all vegetation, soils and other ground media, including
but not limited to, sand, grass, gravel, and oyster shells. It does not
include concrete and asphalt.
Spill means both intentional and unintentional spills, leaks, and
other uncontrolled discharges where the release results in any quantity
of PCBs running off or about to run off the external surface of the
equipment or other PCB source, as well as the contamination resulting
from those releases. This policy applies to spills of 50 ppm or greater
PCBs. The concentration of PCBs spilled is determined by the PCB
concentration in the material spilled as opposed to the concentration of
PCBs in the material onto which the PCBs were spilled. Where a spill of
untested mineral oil occurs, the oil is presumed to contain greater than
50 ppm, but less than 500 ppm PCBs and is subject to the relevant
requirements of this policy.
Spill area means the area of soil on which visible traces of the
spill can be observed plus a buffer zone of 1 foot beyond the visible
traces. Any surface or object (e.g., concrete sidewalk or automobile)
within the visible traces area or on which visible traces of the spilled
material are observed is included in the spill area. This area
represents the minimum area assumed to be contaminated by PCBs in the
absence of precleanup sampling data and is thus the minimum area which
must be cleaned.
Spill boundaries means the actual area of contamination as
determined by postcleanup verification sampling or by precleanup
sampling to determine actual spill boundaries. EPA can require
additional cleanup when necessary to decontaminate all areas within the
spill boundaries to the levels required in this policy (e.g., additional
cleanup will be required if postcleanup sampling indicates that the area
decontaminated by the responsible party, such as the spill area as
defined in this section, did not encompass the actual boundaries of PCB
contamination).
Standard wipe test means, for spills of high-concentration PCBs on
solid surfaces, a cleanup to numerical surface standards and sampling by
a standard wipe test to verify that the numerical standards have been
met. This definition constitutes the minimum requirements for an
appropriate wipe testing protocol. A standard-size template (10
centimeters (cm) x 10 cm) will be used to delineate the area of cleanup;
the wiping medium will be a gauze pad or glass wool of known size which
has been saturated with hexane. It is important that the wipe be
performed very quickly after the hexane is exposed to air. EPA strongly
recommends that the gauze (or glass wool) be prepared with hexane in the
laboratory
[[Page 596]]
and that the wiping medium be stored in sealed glass vials until it is
used for the wipe test. Further, EPA requires the collection and testing
of field blanks and replicates.
[52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19, 1987]
Sec. 761.125 Requirements for PCB spill cleanup.
(a) General. Unless expressly limited, the reporting, disposal, and
precleanup sampling requirements in paragraphs (a) (1) through (3) of
this section apply to all spills of PCBs at concentrations of 50 ppm or
greater which are subject to decontamination requirements under TSCA,
including those spills listed under Sec. 761.120(b) which are excluded
from the cleanup standards at paragraphs (b) and (c) of this section.
(1) Reporting requirements. The reporting in paragraphs (a)(1) (i)
through (iv) of this section is required in addition to applicable
reporting requirements under the Clean Water Act (CWA) or the
Comprehensive Environmental Response Compensation and Liability Act of
1980 (CERCLA). For example, under the National Contingency Plan all
spills involving 1 pound or more by weight of PCBs must currently be
reported to the National Response Center (1-800-424-8802). The
requirements in paragraphs (a)(1) (i) through (iv) of this section are
designed to be consistent with existing reporting requirements to the
extent possible so as to minimize reporting burdens on governments as
well as the regulated community.
(i) Where a spill directly contaminates surface water, sewers, or
drinking water supplies, as discussed under Sec. 761.120(d), the
responsible party shall notify the appropriate EPA regional office (the
Office of Prevention, Pesticides and Toxic Substances Branch) and obtain
guidance for appropriate cleanup measures in the shortest possible time
after discovery, but in no case later than 24 hours after discovery.
(ii) Where a spill directly contaminates grazing lands or vegetable
gardens, as discussed under Sec. 761.120(d), the responsible party shall
notify the appropriate EPA regional office (the Office of Prevention,
Pesticides and Toxic Substances Branch) and proceed with the immediate
requirements specified under paragraph (b) or (c) of this section,
depending on the source of the spill, in the shortest possible time
after discovery, but in no case later than 24 hours after discovery.
(iii) Where a spill exceeds 10 pounds of PCBs by weight and is not
addressed in paragraph (a)(1) (i) or (ii) of this section, the
responsible party will notify the appropriate EPA regional office
(Pesticides and Toxic Substances Branch) and proceed to decontaminate
the spill area in accordance with this TSCA policy in the shortest
possible time after discovery, but in no case later than 24 hours after
discovery.
(iv) Spills of 10 pounds or less, which are not addressed in
paragraph (a)(1) (i) or (ii) of this section, must be cleaned up in
accordance with this policy (in order to avoid EPA enforcement
liability), but notification of EPA is not required.
(2) Disposal of cleanup debris and materials. All concentrated
soils, solvents, rags, and other materials resulting from the cleanup of
PCBs under this policy shall be properly stored, labeled, and disposed
of in accordance with the provisions of subpart D of this part.
(3) Determination of spill boundaries in the absence of visible
traces. For spills where there are insufficient visible traces yet there
is evidence of a leak or spill, the boundaries of the spill are to be
determined by using a statistically based sampling scheme.
(b) Requirements for cleanup of low-concentration spills which
involve less than 1 pound of PCBs by weight (less than 270 gallons of
untested mineral oil)--(1) Decontamination requirements. Spills of less
than 270 gallons of untested mineral oil, low-concentration PCBs, as
defined under Sec. 761.123, which involve less than 1 pound of PCBs by
weight (e.g., less than 270 gallons of untested mineral oil containing
less than 500 ppm PCBs) shall be cleaned in the following manner:
(i) Solid surfaces must be double washed/rinsed (as defined under
Sec. 761.123); except that all indoor, residential surfaces other than
vault areas must be cleaned to 10 micrograms per 100 square centimeters
(10 g/100 cm2) by standard commercial wipe tests.
[[Page 597]]
(ii) All soil within the spill area (i.e., visible traces of soil
and a buffer of 1 lateral foot around the visible traces) must be
excavated, and the ground be restored to its original configuration by
back-filling with clean soil (i.e., containing less than 1 ppm PCBs).
(iii) Requirements of paragraphs (b)(1) (i) and (ii) of this section
must be completed within 48 hours after the responsible party was
notified or became aware of the spill.
(2) Effect of emergency or adverse weather. Completion of cleanup
may be delayed beyond 48 hours in case of circumstances including but
not limited to, civil emergency, adverse weather conditions, lack of
access to the site, and emergency operating conditions. The occurrence
of a spill on a weekend or overtime costs are not acceptable reasons to
delay response. Completion of cleanup may be delayed only for the
duration of the adverse conditions. If the adverse weather conditions,
or time lapse due to other emergency, has left insufficient visible
traces, the responsible party must use a statistically based sampling
scheme to determine the spill boundaries as required under paragraph
(a)(3) of this section.
(3) Records and certification. At the completion of cleanup, the
responsible party shall document the cleanup with records and
certification of decontamination. The records and certification must be
maintained for a period of 5 years. The records and certification shall
consist of the following:
(i) Identification of the source of the spill (e.g., type of
equipment).
(ii) Estimated or actual date and time of the spill occurrence.
(iii) The date and time cleanup was completed or terminated (if
cleanup was delayed by emergency or adverse weather: the nature and
duration of the delay).
(iv) A brief description of the spill location.
(v) Precleanup sampling data used to establish the spill boundaries
if required because of insufficient visible traces, and a brief
description of the sampling methodology used to establish the spill
boundaries.
(vi) A brief description of the solid surfaces cleaned and of the
double wash/rinse method used.
(vii) Approximate depth of soil excavation and the amount of soil
removed.
(viii) A certification statement signed by the responsible party
stating that the cleanup requirements have been met and that the
information contained in the record is true to the best of his/her
knowledge.
(ix) While not required for compliance with this policy, the
following information would be useful if maintained in the records:
(A) Additional pre- or post-cleanup sampling.
(B) The estimated cost of the cleanup by man-hours, dollars, or
both.
(c) Requirements for cleanup of high-concentration spills and low-
concentration spills involving 1 pound or more PCBs by weight (270
gallons or more of untested mineral oil). Cleanup of low-concentration
spills involving 1 lb or more PCBs by weight and of all spills of
materials other than low-concentration materials shall be considered
complete if all of the immediate requirements, cleanup standards,
sampling, and recordkeeping requirements of paragraphs (c) (1) through
(5) of this section are met.
(1) Immediate requirements. The four actions in paragraphs (c)(1)
(i) through (iv) of this section must be taken as quickly as possible
and within no more than 24 hours (or within 48 hours for PCB
Transformers) after the responsible party was notified or became aware
of the spill, except that actions described in paragraphs (c)(1) (ii)
through (iv) of this section can be delayed beyond 24 hours if
circumstances (e.g., civil emergency, hurricane, tornado, or other
similar adverse weather conditions, lack of access due to physical
impossibility, or emergency operating conditions) so require for the
duration of the adverse conditions. The occurrence of a spill on a
weekend or overtime costs are not acceptable reasons to delay response.
Owners of spilled PCBs who have delayed cleanup because of these types
of circumstances must keep records documenting the fact that
circumstances precluded rapid response.
(i) The responsible party shall notify the EPA regional office and
the NRC as required by Sec. 761.125(a)(1) or by other applicable
statutes.
[[Page 598]]
(ii) The responsible party shall effectively cordon off or otherwise
delineate and restrict an area encompassing any visible traces plus a 3-
foot buffer and place clearly visible signs advising persons to avoid
the area to minimize the spread of contamination as well as the
potential for human exposure.
(iii) The responsible party shall record and document the area of
visible contamination, noting the extent of the visible trace areas and
the center of the visible trace area. If there are no visible traces,
the responsible party shall record this fact and contact the regional
office of the EPA for guidance in completing statistical sampling of the
spill area to establish spill boundaries.
(iv) The responsible party shall initiate cleanup of all visible
traces of the fluid on hard surfaces and initiate removal of all visible
traces of the spill on soil and other media, such as gravel, sand,
oyster shells, etc.
(v) If there has been a delay in reaching the site and there are
insufficient visible traces of PCBs remaining at the spill site, the
responsible party must estimate (based on the amount of material missing
from the equipment or container) the area of the spill and immediately
cordon off the area of suspect contamination. The responsible party must
then utilize a statistically based sampling scheme to identify the
boundaries of the spill area as soon as practicable.
(vi) Although this policy requires certain immediate actions, as
described in paragraphs (c)(1)(i) through (iv) of this section, EPA is
not placing a time limit on completion of the cleanup effort since the
time required for completion will vary from case to case. However, EPA
expects that decontamination will be achieved promptly in all cases and
will consider promptness of completion in determining whether the
responsible party made good faith efforts to clean up in accordance with
this policy.
(2) Requirements for decontaminating spills in outdoor electrical
substations. Spills which occur in outdoor electrical substations, as
defined under Sec. 761.123, shall be decontaminated in accordance with
paragraphs (c)(2) (i) and (ii) of this section. Conformance to the
cleanup standards under paragraphs (c)(2) (i) and (ii) of this section
shall be verified by post-cleanup sampling as specified under
Sec. 761.130. At such times as outdoor electrical substations are
converted to another use, the spill site shall be cleaned up to the
nonrestricted access requirements under paragraph (c)(4) of this
section.
(i) Contaminated solid surfaces (both impervious and non-impervious)
shall be cleaned to a PCB concentration of 100 micrograms ( g)/
100 square centimeters (cm\2\) (as measured by standard wipe tests).
(ii) At the option of the responsible party, soil contaminated by
the spill will be cleaned either to 25 ppm PCBs by weight, or to 50 ppm
PCBs by weight provided that a label or notice is visibly placed in the
area. Upon demonstration by the responsible party that cleanup to 25 ppm
or 50 ppm will jeopardize the integrity of the electrical equipment at
the substation, the EPA regional office may establish an alternative
cleanup method or level and place the responsible party on a reasonably
timely schedule for completion of cleanup.
(3) Requirements for decontaminating spills in other restricted
access areas. Spills which occur in restricted access locations other
than outdoor electrical substations, as defined under Sec. 761.123,
shall be decontaminated in accordance with paragraphs (c)(3) (i) through
(v) of this section. Conformance to the cleanup standards in paragraphs
(c)(3) (i) through (v) of this section shall be verified by postcleanup
sampling as specified under Sec. 761.130. At such times as restricted
access areas other than outdoor electrical substations are converted to
another use, the spill site shall be cleaned up to the nonrestricted
access area requirements of paragraph (c)(4) of this section.
(i) High-contact solid surfaces, as defined under Sec. 761.163 shall
be cleaned to 10 g/100 cm\2\ (as measured by standard wipe
tests).
(ii) Low-contact, indoor, impervious solid surfaces will be
decontaminated to 10 g/100 cm\2\.
(iii) At the option of the responsible party, low-contact, indoor,
nonimpervious surfaces will be cleaned either to 10
[[Page 599]]
g/100 cm\2\ or to 100 g/100 cm\2\ and encapsulated.
The Regional Administrator, however, retains the authority to disallow
the encapsulation option for a particular spill situation upon finding
that the uncertainties associated with that option pose special concerns
at that site. That is, the Regional Administrator would not permit
encapsulation if he/she determined that if the encapsulation failed the
failure would create an imminent hazard at the site.
(iv) Low-contact, outdoor surfaces (both impervious and
nonimpervious) shall be cleaned to 100 g/100 cm\2\.
(v) Soil contaminated by the spill will be cleaned to 25 ppm PCBs by
weight.
(4) Requirements for decontaminating spills in nonrestricted access
areas. Spills which occur in nonrestricted access locations, as defined
under Sec. 761.123, shall be decontaminated in accordance with
paragraphs (c)(4) (i) through (v) of this section. Conformance to the
cleanup standards at paragraphs (c)(4) (i) through (v) of this section
shall be verified by postcleanup sampling as specified under
Sec. 761.130.
(i) Furnishings, toys, and other easily replaceable household items
shall be disposed of in accordance with the provisions of subpart D of
this part and replaced by the responsible party.
(ii) Indoor solid surfaces and high-contact outdoor solid surfaces,
defined as high contact residential/commercial surfaces under
Sec. 761.123, shall be cleaned to 10 g/100 cm\2\ (as measured
by standard wipe tests).
(iii) Indoor vault areas and low-contact, outdoor, impervious solid
surfaces shall be decontaminated to 10 g/100 cm\2\.
(iv) At the option of the responsible party, low-contact, outdoor,
nonimpervious solid surfaces shall be either cleaned to 10 g/
100 cm\2\ or cleaned to 100 g/100 cm\2\ and encapsulated. The
Regional Administrator, however, retains the authority to disallow the
encapsulation option for a particular spill situation upon finding that
the uncertainties associated with that option pose special concerns at
that site. That is, the Regional Administrator would not permit
encapsulation if he/she determined that if the encapsulation failed the
failure would create an imminent hazard at the site.
(v) Soil contaminated by the spill will be decontaminated to 10 ppm
PCBs by weight provided that soil is excavated to a minimum depth of 10
inches. The excavated soil will be replaced with clean soil, i.e.,
containing less than 1 ppm PCBs, and the spill site will be restored
(e.g., replacement of turf).
(5) Records. The responsible party shall document the cleanup with
records of decontamination. The records must be maintained for a period
of 5 years. The records and certification shall consist of the
following:
(i) Identification of the source of the spill, e.g., type of
equipment.
(ii) Estimated or actual date and time of the spill occurrence.
(iii) The date and time cleanup was completed or terminated (if
cleanup was delayed by emergency or adverse weather: the nature and
duration of the delay).
(iv) A brief description of the spill location and the nature of the
materials contaminated. This information should include whether the
spill occurred in an outdoor electrical substation, other restricted
access location, or in a nonrestricted access area.
(v) Precleanup sampling data used to establish the spill boundaries
if required because of insufficient visible traces and a brief
description of the sampling methodology used to establish the spill
boundaries.
(vi) A brief description of the solid surfaces cleaned.
(vii) Approximate depth of soil excavation and the amount of soil
removed.
(viii) Postcleanup verification sampling data and, if not otherwise
apparent from the documentation, a brief description of the sampling
methodology and analytical technique used.
(ix) While not required for compliance with this policy, information
on the estimated cost of cleanup (by man-hours, dollars, or both) would
be useful if maintained in the records.
[52 FR 10705, Apr. 2, 1987, as amended at 53 FR 40884, Oct. 19, 1988; 63
FR 35461, June 29, 1998]
Sec. 761.130 Sampling requirements.
Postcleanup sampling is required to verify the level of cleanup
under
[[Page 600]]
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, 401 M St., SW., 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 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]
Sec. 761.135 Effect of compliance with this policy and enforcement.
(a) Although a spill of material containing 50 ppm or greater PCBs
is considered improper PCB disposal, this policy establishes
requirements that EPA considers to be adequate cleanup of the spilled
PCBs. Cleanup in accordance with this policy means compliance with the
procedural as well as the numerical requirements of this policy.
Compliance with this policy creates a presumption against both
enforcement action for penalties and the need for further cleanup under
TSCA. The Agency reserves the right, however, to initiate appropriate
action to compel cleanup where, upon review of the records of cleanup or
EPA sampling following cleanup, EPA finds that the decontamination
levels in the policy have not been achieved. The Agency also reserves
the right to seek penalties where the Agency believes that the
responsible party has not made a good faith effort to comply with all
provisions of this policy, such as prompt notification of EPA of a
spill, recordkeeping, etc.
(b) EPA's exercise of enforcement discretion does not preclude
enforcement action under other provisions of TSCA or any other Federal
statute. This includes, even in cases where the numerical
decontamination levels set forth in this policy have been met, civil or
criminal action for penalties where
[[Page 601]]
EPA believes the spill to have been the result of gross negligence or
knowing violation.
Subparts H-I [Reserved]