[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29568]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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Part II





Environmental Protection Agency





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40 CFR Part 761




Disposal of Polychlorinated Biphenyls;



Manufacturing, Processing, and Distribution in Commerce; Proposed 
Decision on Exemption Petitions; Proposed Rules
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[OPPTS-66009A; FRL-4167-1]
RIN 2070-AC01

 
Disposal of Polychlorinated Biphenyls

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA is proposing amendments to its rules under the Toxic 
Substances Control Act (TSCA) for polychlorinated biphenyls (PCBs). 
Changes are being proposed for the requirements for determining PCB 
concentration; marking, storage, and disposal; decontamination levels 
and procedures; and the reporting and recordkeeping requirements for 
PCBs, PCB Items, environmental media (e.g., soil, sediments, rivers, 
and lakes) contaminated with PCBs or PCBs in association with 
radioactive materials. In addition, EPA proposes to insert additional 
definitions and references, include new authorizations and exemptions, 
require the registration of certain electrical transformers, regulate 
combustion in industrial furnaces, regulate the disposal of liquids in 
landfills, coordinate PCB disposal approvals with other Federal and 
State programs, and revise the reportable quantity in the spill cleanup 
policy. EPA is also proposing to coordinate strategies for the 
remediation of PCB spills and other disposal sites, including cleanup 
under the Resource Conservation and Recovery Act (RCRA) Corrective 
Action provisions and the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA or Superfund) remedial programs.
DATES: Written comments must be received by April 6, 1995. Any comment 
received after the close of the comment period will be considered 
``late'' and may not receive full consideration. EPA intends to conduct 
one or more informal public hearings in the Washington, DC area on the 
different parts of the proposal which will take place after closure of 
the comment period. The exact time and location of the informal public 
hearings will be announced in a separate Federal Register Notice and 
may also be obtained by telephoning the Environmental Assistance 
Division at the telephone number listed under FOR FURTHER INFORMATION 
CONTACT. Written requests to make a short (less than 15 minutes) 
presentation at the informal public hearing must be received by the 
Environmental Assistance Division not later than 21 days prior to the 
scheduled dates of the informal public hearings. Please refer to the 
Federal Register Notice announcing the informal public hearings for 
more details.

ADDRESSES: Three copies of comments identified with the document 
control number (OPPTS-66009A; FRL-4167-1) must be submitted to: TSCA 
Nonconfidential Information Center, ATTN: TSCA Docket Receipts (7407), 
Office of Pollution Prevention and Toxics, Rm. B-607 Northeast Mall, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
A public record has been established and is available in the TSCA 
Public Docket Office at the above address from 12 noon to 4 p.m., 
Monday through Friday, except legal holidays.
    Please submit comments separately on the RCRA portion of today's 
proposed rules. EPA is requesting comment on the proposed rule only to 
the extent that it would amend or change existing regulations. EPA is 
not soliciting comment on provisions of existing regulations that would 
not be changed by this proposal. Unit V of this preamble explains how 
commenters may make claims of business confidentiality for information 
included in comments.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Rm. E-543B, Environmental Protection Agency, 401 
M St., SW., Washington, DC 20460, (202) 554-1404, TDD (202) 554-0551. 
For general information relating to the RCRA Corrective Action and 
CERCLA Remedial Programs which are discussed at Unit II.A.7. of this 
document, contact the RCRA/Superfund Hotline at (800) 424-9346 or (703) 
412-9810. For technical information relating to Unit II.A.4. of this 
document, contact Lisa Askari, Corrective Action Programs Branch, 
Office of Solid Waste (5303W), at the address listed above or by 
telephone at (703) 308-8654.
SUPPLEMENTARY INFORMATION:

 I. Background

A. Purpose of this Proposed Rule

    On June 10, 1991 (56 FR 26738), EPA published an Advance Notice of 
Proposed Rulemaking (ANPRM) to solicit comments on possible changes to 
the PCB disposal regulations promulgated under the authority of TSCA 
section 6(e) and codified in 40 CFR part 761. Comments and supporting 
data on the issues outlined in the ANPRM, a number of other topics 
pertaining to the PCB regulations, and the interface between those 
regulations and other Federal and State programs affecting PCBs were 
received from more than 90 respondents. EPA has considered all of the 
comments. Based on these comments, EPA is including in this proposal 
changes in a number of areas of the PCB regulations that were not 
addressed in the ANPRM.
    Several commenters submitted information concerning the toxicity of 
PCBs and the methods used by EPA to determine exposure to PCBs. EPA is 
currently conducting a review of the toxicity and mechanisms of action 
associated with PCBs and several structurally related chemicals. This 
review may not be complete until after the promulgation of these 
amendments. Since EPA cannot predict the outcome of the toxicity review 
and does not want to delay the promulgation of these rules, it is 
proposing flexibility in certain disposal regulations to allow for 
changes in EPA's position on PCB toxicity. In a similar fashion, EPA is 
proposing flexibility in certain disposal regulations to allow site-
specific exposure data and changes in EPA's risk assessment methods to 
serve as the basis for making a determination regarding the selection 
of acceptable disposal technologies for certain PCB wastes.

B. Reproposal of Dry Weight Measurement

    On April 6, 1990, EPA issued a proposed rule in the Federal 
Register (``Polychlorinated Biphenyls; Wet Weight/Dry Weight 
Clarification, 55 FR 12866) to amend a portion of the PCB regulations 
codified at 40 CFR 761.1(b) that addresses the analysis of PCBs on a 
dry weight basis. The comment period for the April 6, 1990 proposal 
ended on May 7, 1990. Comments on that proposal were received from 16 
respondents. In today's Federal Register, EPA is issuing a reproposal 
of the wet weight/dry weight rule. All comments received on the April 
6, 1990 proposal were considered in the preparation of this proposed 
rule, and those comments are included in the rulemaking record for this 
proposed rulemaking. The comments received for the April 6, 1990 
proposal and any comments received on this proposed rule will be 
considered in the final rule. Today's reproposal would clarify the 
requirements for determining PCB concentrations in liquids, non-
liquids, and multiphasic combinations of liquids and non-liquids (see 
unit III. M. of this preamble).

C. Waste Minimization and Combustion Strategy

    On May 18, 1993, EPA announced a draft strategy to address waste 
minimization and combustion of hazardous waste under RCRA. The strategy 
is designed to stimulate a broad national dialogue on how:
    (1) To better integrate waste minimization into EPA's hazardous 
waste management program.
     (2) To determine the appropriate role of combustion in that 
program.
     (3) To ensure that hazardous waste combustion standards are fully 
protective of human health and the environment. The draft strategy sets 
forth a series of short- and long-term activities that EPA would 
undertake in pursuing these three areas, among which are rulemakings to 
address technical standards for hazardous waste combustion and public 
participation in the RCRA permitting process. The draft strategy also 
sets forth EPA's intention to use RCRA's case-by-case omnibus 
permitting authority where necessary to protect health and the 
environment, and to impose upgraded permit conditions in newly issued 
permits. In addition to other potential areas, these permit conditions 
may address emissions of dioxins, furans, and particulate matter. 
Finally, the draft strategy announced EPA's intentions over the 
succeeding 18 months to give permitting priority to existing, operating 
RCRA combustion units.
    The PCB program under TSCA is different from RCRA in several 
aspects. The manufacture of PCBs is generally banned, and the use of 
PCBs is heavily restricted. Therefore, any disposal issues are limited 
to a finite, although widely dispersed, universe. The PCB program 
mandates the burning of certain high-risk wastes. It also allows 
wastes, such as low concentration liquids and drained transformer 
carcasses, with a lower potential risk of exposure, to be disposed of 
in other types of combustion units (e.g., industrial boilers) to 
provide disposal capacity.
    EPA proposes to make the following adjustments in the PCB disposal 
program under TSCA in response to issues raised in the combustion 
strategy. For fixed-site incinerators, approval conditions (for new 
units or at the time of renewal) would be adjusted to reflect new 
standards and procedural requirements adopted under RCRA. For mobile 
incinerators, approval conditions (for new units or at the time of 
renewal) would be adjusted to reflect new standards and procedural 
requirements adopted under RCRA where applicable. Unique to the PCB 
disposal program under TSCA is the concept of mobile incinerators. A 
single multi-year approval, that imposes the same technical standards 
applicable to fixed-site incinerators, is issued to these units. State 
and local governments receive prior notification and can impose 
additional restrictions on the mobile units using their own 
authorities. The TSCA approval generally limits the operating time at 
any one site unless additional assessment of risk and public notice are 
conducted. However, EPA has not adopted site-specific risk assessments 
and public participation in the permit development process for mobile 
incinerators because EPA and the public would lose the considerable 
benefits derived from mobile disposal units considering these units 
allow only minimal exposure due to their high destruction efficiency 
and limited operating time at each site.
    The current industrial boiler rules at 40 CFR 761.60(a)(2)(iii) and 
761.60(a)(3)(iii) and industrial furnace rules, proposed at 
Sec. 761.60(a)(4), limit both the concentration and volume of PCBs 
which can be treated in these units. Industrial boilers and furnaces 
are units that were built to perform other functions such as power 
generation or materials recycling, with the combustion of PCBs and 
hazardous wastes as a secondary function. The primary function poses a 
separate risk which should be considered when addressing the overall 
risk posed by the combustion of low concentration, low volume PCBs in 
industrial boilers and furnaces. Therefore, EPA proposes to impose 
uniform technology-based standards, instead of site-specific permit 
conditions, on industrial boilers and furnaces due to the low risk 
posed from the combustion of low concentration, low volume PCBs and 
because these units are constructed and operated for other purposes. 
EPA specifically requests comment on how best to implement the 
combustion strategy given the controls already imposed, or proposed in 
this rulemaking on the quantities and concentrations of PCBs which can 
be disposed of in industrial boilers and furnaces.
    EPA believes that the regulations that currently apply to PCBs, 
along with those proposed, are sufficient under TSCA to protect the 
public and the environment from unreasonable risk of injury. Although 
EPA's May 18, 1993, draft strategy on waste minimization and combustion 
of waste extends only to RCRA hazardous wastes, its overall objectives 
were carefully considered in the development of this proposed rule. EPA 
requests comment on its overall plan for implementing the Agency's 
combustion strategy for the PCB program under TSCA.

D. Coordination of Programs

    PCBs are regulated under several statutes administered by EPA. In 
particular, PCBs are subject to the corrective action provisions of 
RCRA. In an effort to harmonize standards for the cleanup of PCBs under 
both RCRA and TSCA, EPA is today proposing cleanup programs under both 
statutes for comparison and comment. The Agency's goal is to harmonize 
action levels for PCBs under RCRA with the target standards for 
approval of risk-based remediation actions under proposed 
Sec. 761.61(c). (See Unit II.A.7. for the RCRA proposal.)

E. Statutory Authorities

    The TSCA portion of this proposed rule is issued pursuant to 
sections 6(e)(1), 6(e)(2)(B), 6(e)(3)(B) and 18(b) of TSCA. Section 
6(e)(1)(A) gives EPA the authority to promulgate rules prescribing the 
methods for the disposal of PCBs (15 U.S.C. 2605(e)(1)(A)). TSCA 
section 6(e)(1)(B) provides broad authority for EPA to promulgate rules 
that would require PCBs to be marked with clear and adequate warnings 
(15 U.S.C. 2605(e)(1)(B)). TSCA section 6(e)(2)(B) gives EPA the 
authority to authorize the manufacture, processing, distribution in 
commerce, and use of PCBs in other than a totally enclosed manner (15 
U.S.C. 2605(e)(2)(B)). TSCA section 6(e)(3)(B) provides that any person 
may petition EPA for an exemption from the prohibition on the 
manufacture, processing, and distribution in commerce of PCBs (15 
U.S.C. 2605(e)(3)(B)). EPA may by rule grant an exemption if the 
Administrator finds that: ``(i) an unreasonable risk of injury to 
health or the environment would not result, and (ii) good faith efforts 
have been made to develop a chemical substance which does not present 
an unreasonable risk of injury to health or the environment and which 
may be substituted for such polychlorinated biphenyl.'' TSCA section 
18(b) gives EPA the authority to exempt, by rule, any State from 
subsection (a)(2) (15 U.S.C. 2617(b)). EPA may by rule grant a State 
the authority to, among other things, regulate any aspect of PCBs in 
use, such as requiring a notification of that use.
    The RCRA portion of this rule (discussed in Unit II.A.7. of this 
preamble) is issued pursuant to sections 1006, 2002(a), 3004(u), 
3004(v), 3005(c) and 3007 of the Solid Waste Disposal Act as amended by 
the Resource Conservation and Recovery Act, as amended by the Hazardous 
and Solid Waste Amendments of 1984 (42 U.S.C. 6924).
    No additions or changes are proposed at 40 CFR part 300 in this 
rule under CERCLA (42 U.S.C. 9601-9657).

F. Summary of Proposal

    Consistent with these authorities described in Unit I.E., EPA is 
proposing a number of modifications to the PCB disposal rules to 
provide flexibility in addressing the disposal of PCBs where specific 
conditions would allow for different waste management activities than 
are currently available under the regulations, while still providing 
protection from unreasonable risk of injury. EPA is also proposing 
modifications to the disposal regulations that would allow for the 
recognition of PCB waste management activities undertaken under other 
Federal or State authorities. Furthermore, EPA is proposing a number of 
changes to the regulations to delete out-of-date provisions, modify the 
regulations to address problems in their applicability or 
implementation, make certain policies and provisions consistent with 
the requirements of other Federal statutes, and reduce requirements for 
PCB disposal activities which present a de minimis risk. Finally, EPA 
is proposing certain authorizations and exemptions which would address 
the need for the scientific community to conduct research as well as 
health and environmental studies on PCBs and on media contaminated by 
PCBs (to include processing and distribution in commerce of PCBs) for 
the development of innovative disposal technologies which otherwise 
would require issuance of a disposal approval.
    The topics to be addressed through this proposed rulemaking include 
the 16 issues identified in the ANPRM plus a number of additional 
issues that have either come to the Agency's attention through the 
submission of comments or from experience in implementing the PCB 
Notification and Manifesting Rule (40 CFR part 761 subparts A, D, J, 
and K) published in the Federal Register of December 21, 1989 (54 FR 
52716). Several changes to the PCB regulations proposed today are in 
support of EPA's effort to significantly reduce the risk of release to 
the environment posed by PCBs still in use. The provisions affected 
include the 1-year time limit for storage and disposal, State 
enhancement provisions, restrictions on storage for reuse, 
decontamination, and the previously proposed changes to transformer 
reclassification procedures (58 FR 60970, November 18, 1993). EPA's 
efforts to promote the phase-out of PCBs still in use, especially those 
in electrical equipment, go beyond changes in the PCB rules. They 
include contemplated changes to various compliance monitoring and 
enforcement strategies and policies, a greater effort to inform the 
regulated community of the Agency's position on PCBs still in use, and 
expanded cooperation with other Federal and State agencies and 
departments. EPA is also proposing a definition at Sec. 761.3 of the 
term ``PCB-Contaminated'' that would apply across the PCB program. PCB-
Contaminated would mean anything that contains or contacts PCBs at 
concentrations of 50 parts per million (ppm) to less than 500 parts per 
million (ppm). In the event that no PCB liquids or non-liquids are 
present on surfaces for measurement, then surfaces with PCB 
concentrations greater than 10 micrograms per 100 square centimeters 
(>10 g/100 cm2) and less than 100 micrograms per 100 
square centimeters (<100 g/100 cm2), would be defined as 
PCB-Contaminated. EPA would also apply the term ``PCB-Contaminated'' to 
classes of PCBs or PCB Items meeting the levels of contamination 
specified in the definition.
    The following outline is provided to assist the reader in locating 
topics of interest in the preamble.
    II. Notice of Proposed Rulemaking
A. Large Volume, PCB Wastes
    1. Anti-dilution
    2. Status of pre-1978 Disposal
    3. Alternatives to landfilling
    4. Proposed remediation strategy for PCBs, including cleanup 
under the RCRA corrective action and CERCLA remedial programs
    a. Background
    b. CERCLA program policy for cleanup of PCBs
    c. Proposed approach for cleanup of PCBs under RCRA
    d. Today's proposed remediation strategy for PCB spills under 
TSCA
    i. Self-implementing option
    ii. Performance-based option
    iii. Risk-based option
    e. Implementation of PCB remediation programs
    5. PCB remediation wastes
    6. PCB non-remediation wastes
    a. Risk-based disposal
    b. Leachability-based disposal
    c. Performance-based disposal
    7. Decontamination standards and procedures
    8. Distribution in commerce and use of decontaminated equipment, 
structures, and materials
    9. Processing for disposal
B. Large Volume PCB Articles
    1. Disposal
    2. Open burning and industrial furnaces
    3. Characterization of PCB articles
    4. Characterization of natural gas pipelines
C. PCB/Radioactive Wastes
D. Issues Not Addressed When the Rules Were Originally Promulgated
    1. Household waste exemption
    a. Broadly define exemption
    b. Impact on recycling activities
    c. Limit scope of the exemption
    d. Other disposal considerations
    2. Unauthorized use
    a. PCB-impregnated materials used in duct systems
    b. PCB-impregnated insulation materials
    c. Agency experience
    d. Reuse of natural gas pipelines
    3. Disposal issues
    a. Disposal of PCB-bound material
    b. Disposal of cable insulation containing PCBs
    c. Disposal of small capacitors
    d. Large volume PCB liquids
    e. Abandonment and disposal of natural gas pipeline
    f. Disposal of solvents
    g. Disposal of waste generated during the chemical analysis of 
PCBs
    h. Transboundary Movement of PCBs for disposal
    i. Landfilling of liquid PCBs
    III. Other Regulatory Changes and Clarifications
A. Marking
B. DOT Containers for Storage of PCB Waste
C. Definition of PCB Transformer and PCB-Contaminated Equipment
D. Drained PCB-Contaminated Transformers
E. Transfer of Totally Enclosed PCBs
F. Change in the Reportable Quantity--Spill Cleanup Policy
G. PCB Storage Requirements
    1. Indefinite storage of PCB articles designated for reuse
    2. Clarification of the 1-year time limit for storage and 
disposal
    3. Situations which warrant an extension or waiver of the 1-year 
time limit for storage and disposal
    4. Temporary storage of PCB liquid at 500 ppm or greater
    5. Storage of large PCB capacitors and PCB-contaminated 
equipment on pallets next to a qualified storage area
    6. Alternate storage of PCBs
    7. Storage requirements for PCB article containers
    8. Recordkeeping requirements for storage unit operators
    9. Revision to storage unit criteria
H. ASTM References
I. Manufacture of PCBs for Disposal-Related Studies
J. PCB Samples and Standards
    1. Use authorization
    2. Class exemption
K. State Enhancement Activities
    1. Coordinated approval
    a. Interactive approach
    b. Self-implementing approach
    2. PCB state enhancement grants
L. Clarification of Requirement to Request Approval for Alternate 
Methods of Disposal
M. Wet Weight/Dry Weight Clarification
    1. Liquids, including organic liquids and wastewater
    2. Non-liquid PCBs
    3. Mixtures of liquids and/or non-liquids
N. Oil-filled Equipment Manufactured After the Ban
O. PCB Voltage Regulators
P. Registration Requirement for PCB Transformers  500 ppm 
PCBs
Q. Rectifiers
R. Use of PCBs in Scientific Equipment
S. Remove Outdated CFR Material
T. Chart of Marking and Recordkeeping Requirements
    IV. Proposed Amendments to the Notification and Manifesting Rule
A. Small Quantity Exemption for Solids
B. Clarification of Exception Reporting
C. Timing for Submission of the Certificate of Disposal
D. Manifest Requirements for Pre-1978 <50 ppm PCB Spills
E. Notification by Transporters
F. Renotification for Changes in Facility Operations
G. Transfer of Ownership of Commercial Storage Facilities
H. Modifications to Storage Facilities
I. Clarification of Which Disposers Must Submit an Annual Report
J. Financial Assurance Mechanism: Non-Parent Corporate Guarantee
K. Notification and Manifesting Samples
    1. General
    2. Definitions
L. Clarification of the Term ``Facility''
    V. Confidentiality
    VI. Official Rulemaking Record
    VII. Regulatory Assessment Requirements

II. Notice of Proposed Rulemaking

A. Large Volume PCB Wastes

    Background. The current PCB regulations generally establish a 
concentration of 50 parts per million (ppm) as the regulatory threshold 
for authorized PCBs in use (i.e., in service). This was based, in part, 
on the economic impact of the regulations on electrical transformers, 
but 50 ppm has been extended to include all authorized PCBs and PCB 
Articles, as defined in these proposed rules at Sec. 761.3, unless 
otherwise noted (e.g., PCB concentration of less than 50 ppm resulting 
from dilution). Where liquid samples could not be collected, such as on 
contaminated surfaces, surface sampling and concentration levels were 
developed (see part 761, subpart G, The PCB Spill Cleanup Policy). The 
surface concentrations, which were based on dermal exposure, were 
equated to the existing PCB regulations which included economic 
considerations. As a result, the regulations established for PCBs at 
concentrations of 50 to less than 500 ppm were applied to contaminated 
surfaces at concentrations of greater than 10 to less than 100 
micrograms per 100 square centimeters (>10 - <100 g/
100cm2). The regulations that EPA is proposing, in several 
sections of this notice, codify the relationship between surface 
contamination and the existing regulations based on milligrams of PCBs 
per liter of liquid on a dry weight basis.
    In the ANPRM, EPA requested comments on the effectiveness of the 
current PCB regulations in preventing an unreasonable risk of injury to 
health and the environment from the disposal of ``large volume, non-
liquid PCB wastes'' such as wastes from the shredding of automobiles, 
white goods, and industrial scrap, and certain classes of soils, 
sludges, and sediments. Currently, large volume wastes derived from an 
authorized original source containing 50 ppm PCBs may only 
be disposed of in an incinerator that complies with 40 CFR 761.70, in a 
chemical waste landfill that complies with 40 CFR 761.75, or pursuant 
to an approved alternate method of destruction equivalent to 
incineration at 40 CFR 761.60(e), regardless of their current PCB 
concentration or the risk of exposure they may pose. The Agency 
believes that there are additional disposal methods and other waste 
management techniques for large volume wastes that would not pose an 
unreasonable risk of injury to health and the environment. These 
additional disposal methods and other waste management techniques are 
the subject of this section of today's proposed rule. For different 
kinds of large volume waste, such as soils, liquids, and surfaces 
contaminated with PCBs, EPA is proposing several self-implementing 
disposal options at Secs. 761.61, 761.62 and Sec. 761.79. If followed 
exactly as written, the self-implementing disposal options would not 
require prior approval from EPA. These options are detailed and 
specific. The sampling portions of the self-implementing procedures 
appear in Appendices I-III. Placement of the proposed sampling 
procedures in appendices is intended to provide better continuity and 
should facilitate understanding of the overall self-implementing 
procedures of which they are a part.
    The term ``large volume'' is used to describe wastes that, in 
general, are generated or managed in greater volumes than when they 
were originally placed in service. Large volume wastes would include 
dredged materials, contaminated environmental media, municipal sewage 
treatment sludges, industrial waste water treatment sludges, auto 
shredder waste, demolition wastes, and specifically listed materials 
containing PCBs that may not be authorized for use, such as PCB 
impregnated insulation or gaskets.
    Large volume PCB wastes would not include wastes that are PCB 
Items, PCB Articles, and PCB liquids being removed from service. PCB 
liquids include, but are not limited to, dielectric fluid and solvents 
used to flush PCB Transformers prior to landfilling (GE Solvent 
Distillation Case [Docket No. TSCA-IV-890016]). Large volume PCB wastes 
would not include the more traditional PCB wastes which are typically 
generated and managed in discrete, relatively small volumes associated 
with individual pieces of electrical, mechanical, heat transfer, or 
other equipment.
    Large volume PCB wastes are frequently heterogenous in nature and 
contaminated with low (i.e., <50 ppm) or varying levels of PCBs and 
other constituents. Although these wastes may now pose little 
environmental risk, under the current PCB regulations, they are usually 
required to be disposed of, based on their original PCB concentration, 
in either a TSCA chemical waste landfill or TSCA incinerator. Second, 
as the name of the category implies, ``large volume'' wastes may be 
generated each year in enormous amounts. However, the actual magnitude 
of the problem is not well documented. EPA requested information about 
historic PCB disposal sites, including areas of major or longterm 
spills (46 FR 22144, April 15, 1981) and included these data in its 
listing of sites known as the Comprehensive Environmental Response, 
Compensation and Liability Act Information System or CERCLIS. While EPA 
does not have information characterizing every site where PCBs were 
spilled or disposed of, the Agency does have estimates of the number of 
sites contaminated with PCBs. In 1991, EPA's Office of Emergency and 
Remedial Response completed a characterization of 1,218 sites 
associated with the National Priorities List (NPL) and 29,461 sites 
associated with CERCLIS. At approximately 20 percent of the NPL sites 
and approximately 7 percent of the CERCLIS sites, PCBs were 
characterized as a ``predominant'' waste type. The NPL sites alone 
contain approximately 34,070,000 cubic yards of material contaminated 
with PCBs and other substances. Similarly, the weight of shredder waste 
produced annually by metal recyclers is approximately 3 million tons. 
Commercial disposal costs of these types of large volume wastes at PCB 
incinerators or landfills have been as high as $2,300 per cubic yard 
for incineration, and $550 per cubic yard for chemical waste 
landfilling. Based on this information concerning large volume PCB 
waste generation, the number of old PCB disposal sites, and the cost of 
disposal, EPA believes that it is appropriate to commence rulemaking to 
address the management and disposal of large volume PCB wastes and 
propose alternatives to the current available disposal options.
    Therefore, for PCB remediation wastes, EPA is proposing to allow 
alternatives to the regulatory mandate that PCB wastes must be managed 
based on the requirements for disposal at the time the contaminating 
PCBs came out of service (i.e., based on the original PCB concentration 
of the material (see unit II.A.4. of this preamble). The remediation 
requirements proposed in Sec. 761.61(a) address indirect exposure 
issues by limiting the applicability of the section to environmental 
settings which are less likely to allow migration and therefore should 
be easier to characterize and remediate. All other environmental 
settings are addressed under the proposed ``risk-based'' option 
(Sec. 761.61(c)) where EPA could require a site-specific indirect 
exposure as well as direct exposure risk assessment. As a point of 
clarification, since spills result in an illegal release of PCBs to the 
environment, only those wastes cleaned up and disposed of in accordance 
with the PCB Spill Cleanup Policy (40 CFR part 761, subpart G) will be 
entitled to the presumption against enforcement of a disposal violation 
for that spill.
    PCB non-remediation wastes (Unit II.A.6. of this preamble provides 
further discussion) are often found in large volumes and in a physical 
state that tends to limit the mobility of the PCBs (e.g., PCBs used as 
a plasticizer). In this instance, EPA is recognizing the reduced risk 
of direct or indirect exposure and the overall volume of this category 
of waste when it considers additional options for disposal.
    Elsewhere in today's notice, EPA is also reproposing a process for 
determining the concentration of PCBs in a multiphasic media such as 
sludges or sediments (see Unit III. M. of this preamble). EPA would 
require that this process be followed by those using the provisions 
established for the disposal of large volume wastes and, in general, 
for determining the concentration of PCBs.
    1. Anti-dilution. The current rule at 40 CFR 761.1(b), commonly 
known as the ``anti-dilution'' rule, prohibits the avoidance of 
specific disposal requirements because a PCB concentration was reduced 
or shifted from one material or environmental medium to another as the 
result of adding a diluent, or separating or concentrating the PCBs. 
This provision remains in effect. EPA is not promoting intentional or 
fortuitous dilution in either its rules or enforcement policies. 
However, EPA is proposing greater flexibility in choosing a disposal 
option for this category of large volume PCB wastes. EPA remains 
committed to a policy of stringent regulation of the disposal of PCB 
wastes. EPA is simply recognizing that where PCBs have already been 
released into the environment the critical disposal issue becomes one 
of mitigating the damage from the release, especially those aspects of 
indirect exposure such as bioaccumulation.
    2. Status of pre-1978 disposal. Several commenters asked for 
clarification of the rules under TSCA governing the regulatory status 
and remediation of PCB spills and disposal sites in light of the ruling 
by EPA's Chief Judicial Officer in Re: Standard Scrap Metal Company, 
TSCA-V-C-288, Appeal No. 87-4, August 2, 1990 (Standard Scrap).
    The Chief Judicial Officer (CJO) held that spilled PCBs found in 
soil are not necessarily in a ``disposal site'' for purposes of the 
prefatory note exclusion to Sec. 761.60. ``Soil does not become a 
disposal site merely because PCBs are spilled onto it'' (CJO's ruling 
page 13, paragraph 1). In this decision, the CJO limited the effect of 
the prefatory note to pre-1978 landfills or dumps, i.e., only those 
PCBs disposed in landfills and dumps may be considered ``in-service'' 
and do not require proper disposal according to 40 CFR part 761, 
subpart D. EPA is proposing to delete the prefatory note to 
Sec. 761.60, which states that PCBs disposed of prior to the effective 
date of the regulations were considered to be ``in use'' and therefore 
did not need to be cleaned up under these rules, and substitute 
language on the disposition of PCB waste disposed of before 1978 as 
introductory text to this section. Under the proposed rule, PCBs 
disposed of, placed in a land disposal facility (such as a dump, 
landfill, waste pile, or land treatment unit) or PCBs spilled or 
otherwise released to the environment, including areas contaminated by 
spills and releases such as sediments, prior to April 18, 1978, would 
be presumed to be disposed of in a manner that does not present a risk 
of exposure, and would not necessarily require further disposal action.
    This proposed provision would allow the Regional Administrator, on 
a case-by-case basis, to make a finding that any pre-1978 disposal site 
does present a risk of exposure, whether the site be a spill, dump, 
land treatment unit, waste pile, stream, river, pond, lake, any 
sediment (or dredge material from a stream, river, pond, or lake), 
ground water, surface water, landfill, or any other type of disposal 
site. In such a case, the Regional Administrator could then require the 
submission of an application for approval of a risk-based disposal 
method under proposed Sec. 761.61(c) (see Unit II.A.4. of this 
preamble). Failure to submit a complete application, in the timeframe 
stipulated in the Regional Administrator's ``call-in'' letter, would be 
a violation, and the violations would accrue from that day forward. EPA 
believes that pre-1978 PCB disposal units or areas of contamination 
should not be allowed to remain ``in-service'' and thus unaddressed, as 
the existing prefatory note currently allows, if there is a risk of 
exposure from these sites.
    Sites that could be considered an immediate exposure risk include, 
but are not limited to, school yards, food or feed areas, residential 
areas, underground or surface waters, well head protection areas, and 
certain stream, river, or lake sediments. In such cases where the 
Regional Administrator has made a determination that there is a risk of 
exposure, the site would have to be cleaned up, based on the exposure 
risk finding.
    Also, in the introductory paragraph at Sec. 761.60, EPA is 
proposing to add language to instruct those whose waste is subject to 
the disposal provisions of subpart D to refer back to both the 
authorizations section at Sec. 761.30 and the prohibitions section at 
Sec. 761.20 and to coordinate their disposal activities with other 
agencies where appropriate for all PCB wastes. It is important for 
members of the regulated community to be cognizant of the fact that the 
disposal options in subpart D hinge on certain prohibitions as well as 
authorizations. For example, not all PCB Items would be required to be 
disposed of. Some items, such as natural gas pipelines containing PCBs, 
if properly decontaminated, could be reused.
    Many other Federal, State, and local laws and regulations apply to 
the disposal of PCBs. Although EPA attempts to coordinate with the 
various Federal, State, and local programs controlling PCBs, the 
ultimate responsibility for coordination and compliance rests with the 
regulated community.
    3. Alternatives to landfilling. On June 10, 1991, EPA also 
published a notice of availability of a draft guidance document 
outlining several alternative methods of treatment for certain classes 
of media containing PCBs (56 FR 26745). That document is entitled 
``Interim Guidance on Non-Liquid PCB Disposal Methods to be Used as 
Alternatives to a 40 CFR 761.75 Chemical Waste Landfill (CWL).'' 
Generally, commenters to the ANPRM who addressed the issue of 
alternative methods of treatment and commenters to the draft interim 
guidance, stated that a wider range of options would not only provide 
much needed disposal flexibility, but would provide an incentive for 
developing alternative methods of PCB disposal.
    In response to these comments, the proposed rule at Sec. 761.61(c) 
would authorize the Regional Administrator, based on a site-specific 
risk assessment, to approve an application for different cleanup and 
disposal requirements provided that they would not pose an unreasonable 
risk of injury to health or the environment. The wide range of 
different methods of disposal that could be approved by the Regional 
Administrator upon application include thermal destruction such as 
infrared thermal treatment or circulating bed combustor; physical 
separation such as thermal treatment (rotary thermal desorber and 
fluidized bed) and solvent extraction (soil washing and liquified gas); 
solidification/stabilization such as chemical fixation (encapsulation, 
in-situ inorganic polymer, and silicates); in-situ vitrification; 
biological treatment; and chemical dechlorination. These are not the 
only treatment methods that could be approved by the Regional 
Administrator upon application; but are the methods currently being 
used with varying degrees of success.
    Commenters suggested several potentially viable alternatives for 
the disposal of large volume PCB wastes, some of which were not listed 
in the draft alternative disposal document that accompanied the June 
10, 1991, publication of the ANPRM. As indicated in this proposed rule, 
upon application to the Regional Administrator, each proposed option 
would be considered on a case-by-case basis. Some commenters suggested 
that the need to obtain a disposal permit was an impediment to 
developing and utilizing alternative methods of destruction and 
containment. EPA's position is that adequate controls must be imposed 
to ensure the safety of all disposal technologies, especially those 
being operated on a commercial scale. EPA does, however, anticipate 
that as individual or combinations of technologies are used repeatedly, 
the permitting process will become streamlined. Once out of the 
research and development (R&D) phase, new technologies will receive the 
same level of scrutiny as those already fully developed to ensure 
adequate environmental controls of specific technologies. In certain 
instances, specific standards, technologies, or procedures could also 
be promulgated in future rulemakings as additional decontamination 
activities at Sec. 761.79 or added to the self-implementing remediation 
techniques in Sec. 761.61(a) (see Unit II.A.3. of this preamble).
    4. Proposed remediation strategy for PCBs, including cleanup under 
the RCRA corrective action and CERCLA remedial programs. The 1987 TSCA 
PCB Spill Cleanup Policy, published on April 2, 1987 (52 FR 10688), 
codified at part 761, subpart G, applied only to certain releases of 
PCBs occurring after May 4, 1987. Thus, other spills of PCBs (i.e., 
most notably those which occurred prior to May 4, 1987), were not 
intended to be subject to the provisions of the Policy. The issue of 
whether the Agency should develop a cleanup policy for historic PCB 
spills, and how such a policy might differ from the existing policy for 
new spills, was addressed in the ANPRM. In response to this discussion, 
several commenters on the ANPRM strongly supported the idea of 
developing an EPA policy on historic PCB spills. Those commenters 
suggested that such a policy could achieve considerable benefits at 
historic PCB spill sites, similar to those that have been obtained for 
new PCB spills under the 1987 policy.
    In light of these comments, and in consideration of the Agency's 
experience with implementing the 1987 cleanup policy for new spills, 
EPA is today proposing a strategy under TSCA for cleanup of all PCBs in 
the environment. The following preamble also discusses how PCBs would 
be addressed under the remedial authorities of RCRA and CERCLA. In 
addition, EPA is today proposing to clarify the concentration level for 
soil contaminated with PCBs that was identified as an ``action level'' 
in the proposed RCRA Corrective Action Regulations (55 FR 30798, July 
27, 1990).
    a. Background. As part of the development of the 1987 TSCA PCB 
Spill Cleanup Policy, EPA evaluated the frequency, amount, and nature 
of PCB spills from electrical equipment, the different routes of 
exposure to PCBs (i.e., ingestion, dermal, and inhalation), the risks 
posed by spills in different locations, and the costs of cleanup. After 
evaluating this information and considering a spill cleanup proposal 
submitted to EPA by the Environmental Defense Fund (EDF), the Natural 
Resources Defense Council (NRDC), the Edison Electric Institute (EEI), 
the Chemical Manufacturers Association (CMA), and the National 
Electrical Manufacturers Association (NEMA), EPA developed cleanup 
goals for PCBs in soil and on surfaces.
    The TSCA PCB Spill Cleanup Policy requires cleanup of PCBs to 
different levels depending upon spill location, the potential for 
exposure to residual PCBs remaining after cleanup, the concentration of 
PCBs initially spilled (high concentration or low), and the nature and 
size of the population potentially at risk of exposure to residual 
PCBs. Thus, the TSCA PCB Spill Cleanup Policy applies the most 
stringent requirements for PCB spill cleanup to non-restricted access 
areas where there is a greater potential for human exposures to spilled 
PCBs. The TSCA PCB Spill Cleanup Policy applies less stringent 
requirements for cleanup of PCB spills in restricted access areas where 
the nature and degree of human contact present a lower potential for 
significant exposure. Finally, even less stringent requirements apply 
to restricted access areas where there is little potential for human 
exposures.
    Implementation of the 1987 TSCA PCB Spill Cleanup Policy has, in 
EPA's estimation, yielded highly favorable environmental results. Large 
numbers of PCB spills have been cleaned up expeditiously and safely 
with minimum administrative burdens to regulatory agencies or 
responsible parties. This success is in large part attributable to the 
self-implementing nature of the policy; the clear, numeric cleanup 
goals specified in the policy; and the straightforward sampling and 
notification procedures required of those responding to PCB spills.
    Although the 1987 policy was intended to be applicable to ``new'' 
spills of PCBs, the policy has also been used in the cleanup of 
historic spills, particularly in the context of CERCLA remediations. As 
discussed below, since 1990 the Superfund program has adopted an 
approach to cleanup of PCBs that relies heavily on the 1987 TSCA 
policy. Although the CERCLA (and RCRA) remedial process generates large 
volumes of site-specific information that can be used to ``fine tune'' 
cleanup decisions for PCBs, as well as other hazardous substances, it 
has been the Agency's experience that the essential features of the 
1987 TSCA policy are workable and yield protective cleanup results for 
historic spills of PCBs.
    The following discussion summarizes the approach that the CERCLA 
program has taken in adapting the 1987 PCB Spill Cleanup Policy to 
Superfund cleanups. It also outlines a similar proposed approach for 
the RCRA corrective action program.
    b. CERCLA program policy for cleanup of PCBs. Because the TSCA PCB 
Spill Cleanup Policy is not a binding regulation, it is not a 
potentially applicable or relevant and appropriate requirement (i.e., 
an ARAR) for Superfund response actions. However, as a codified policy 
reflecting substantial scientific and technical evaluation, it has been 
considered as important guidance in developing cleanup levels at 
Superfund sites.
    In August 1990, EPA issued several CERCLA guidance documents 
regarding remediation of PCBs at Superfund sites. Among other 
provisions, these guidance documents establish guidelines for the 
CERCLA Program to follow in setting preliminary remediation goals for 
PCBs for soil, ground water, and sediment contaminated with PCBs at 
Superfund sites. (See ``A Guide on Remedial Actions at Superfund Sites 
with PCB Contamination'', OSWER Directive No. 9355.4-01 FS (August 
1990) [``PCB Guide''].)
    Preliminary remediation goals (PRGs) in the Superfund program are 
specific statements of the desired endpoint concentrations of 
contaminants, or risk levels for each exposure route, that are believed 
to provide adequate protection of health and the environment based on 
preliminary site information. (See preamble to the National Contingency 
Plan (NCP), 55 FR 8666, 8712 and 8713 (March 8, 1992).) These goals are 
also used in setting parameters for the purpose of developing remedial 
alternatives. Because PRGs are formulated early in the remedial 
evaluation process, they are typically based on readily available 
information, such as environmental or health-based ARAR's other 
reliable guidance or information, commonly referred to in the CERCLA 
program as To Be Considered or (TBCs), or the ``point of departure'' 
risk level of 10-6. As additional information becomes available 
during the Remedial Investigation/Feasibility Study (RI/FS) process, 
the PRGs may be modified due to consideration of exposure, technical, 
or other factors (55 FR 8713 and 8717). The use of PRGs does not 
preclude development and consideration or selection for alternatives 
that attain risk levels other than those represented by the PRG. Final 
selection of the appropriate level of risk is made based on the 
balancing of criteria in the remedy selection step of the process.
    Along the same lines, the 1990 CERCLA PCB guidance documents 
explain that exceedance of a PRG for PCBs does not mean that action is 
required. Rather, once the CERCLA program decides that action is 
necessary at a site, the PRGs for PCBs should be used to identify areas 
at which response action should be considered. ``These goals may be 
refined throughout the RI/FS process; final remediation goals are 
determined in the remedy selection.'' (PCB Guide, p.2).
    According to the CERCLA PCB guidance, the concentration of concern 
for PCBs in soil differs depending on the type of exposure that is 
expected (e.g. residential or industrial) The guidance documents point 
out that site-specific conditions may warrant departure from the basic 
framework outlined in the guidance, due to factors such as the 
potential for PCBs to migrate to groundwater and to affect 
environmental receptors. The guidance recommends that in most cases, 
the preliminary remediation goals (or ``analytical starting points'' 
for setting remedial levels) for PCBs in soil under CERCLA are as 
follows:
    The TSCA PCB Spill Policy at Sec. 761.120, recommends PCB spills be 
cleaned up to the following levels: For current and reasonably-expected 
future residential and other non-restricted access areas: less than 1 
ppm on the surface to a depth of 10 inches and 10 ppm at depths below 
10 inches; for industrial and other restricted access areas: 25 ppm; 
and for outdoor electrical substations: 25 ppm, or 50 ppm with 
labelling warning of presence of PCBs (not expected at CERCLA sites). 
In the case of remediation for residential, unrestricted land use at 
CERCLA sites, 1 ppm soil PCBs at the surface is recommended by the 
Superfund program as a PRG to address threats posed by direct contact. 
Where soil with concentrations greater than 1 ppm PCBs is left in place 
for residential land use, the depth of soil cover is determined by 
site-specific conditions. In such cases, appropriate deed restrictions 
or other institutional controls are generally implemented.
    In the case of remediating for industrial, restricted land use at 
CERCLA sites, a range of 10 ppm soil PCBs to 25 ppm soil PCBs at the 
surface is recommended by the Superfund program as a PRG to address 
threats posed by direct contact.
    c. Proposed approach for cleanup of PCBs under RCRA corrective 
action authorities. In the July 27, 1990, proposed RCRA Corrective 
Action Rule, 55 FR 30798, EPA introduced the concept of ``action 
levels'' as trigger levels for further study and subsequent remediation 
at RCRA facilities. In the RCRA Corrective Action Program, a remedial 
investigation may indicate that levels of contamination from a past 
release are unlikely to present a threat to health and the environment. 
EPA proposed that measured levels in the environment be compared to 
action levels, and that in situations where measured levels are below 
action levels, EPA would not normally require either further study 
(i.e., a Corrective Measures Study) or remediation.
    In the proposed RCRA Corrective Action Rule, EPA proposed using 
maximum contaminant levels (MCLs) promulgated under the Safe Drinking 
Water Act as action levels for ground water. For other media (including 
soils) and for constituents in ground water that do not have 
established MCLs, the following criteria were proposed for establishing 
action levels. First, the concentration for a hazardous constituent 
must be derived in a manner consistent with Agency guidelines for risk 
assessment. Second, the studies used to derive action levels must be 
scientifically valid. Third, the concentrations used as action levels 
would be (for carcinogens) associated with a 1  x  10-6 upperbound 
excess cancer risk for Class A and B carcinogens (PCBs are Class B 
carcinogens), and a 1  x  10-5 risk level for Class C carcinogens. 
For systemic toxicants, the action level would be a concentration to 
which humans could be exposed on a daily basis without appreciable risk 
of adverse effects during a lifetime. The exposure scenario used for 
calculating the action levels was direct contact (i.e., ingestion), 
assuming residential land use. EPA's proposal included in 
Sec. 264.521(d) a separate provision establishing criteria for 
establishing action levels for soil, assuming exposure through 
consumption of the soil contaminated with a hazardous constituent. 
However, EPA proposed to make an exception to this approach where EPA 
has already established standards for remediation of spilled PCBs under 
the TSCA PCB Spill Cleanup Policy. In the preamble, EPA explained that 
the Agency had determined that the standards in the TSCA PCB Spill 
Cleanup Policy should be used as action levels and cleanup standards 
for soil in RCRA corrective actions (55 FR 30819).
    Proposed Appendix A, to part 264, subpart S, provided examples of 
concentration levels that meet the above criteria for action levels for 
more than 150 hazardous constituents. However, EPA erred in setting out 
the concentration level for PCBs in soil in Appendix A (55 FR 30867). 
EPA had intended to list 1 ppm, the cleanup goal recommended by the 
TSCA PCB Spill Cleanup Policy for residential land use, as the action 
level for PCBs. Instead the action level listed in Appendix A for PCBs 
in soil was 0.09 ppm. EPA is requesting comment on correcting this 
erroneous listing. EPA believes that adding the following clarifying 
language to the end of Sec. 264.521(d): ``Action levels for PCBs in 
soils shall be defined as 1 ppm consistent with the TSCA PCB Spill 
Cleanup Policy at part 761 subpart G,'' would correct the error.
    EPA believes that it is appropriate to adopt the TSCA 1 ppm level 
for PCBs as the action level for use under the RCRA corrective action 
program. As previously discussed, 1 ppm is the cleanup goal recommended 
by the PCB Spill Cleanup Policy for residential land use. Thus, the 
TSCA spill cleanup level is approximately one order of magnitude 
greater than the action level identified in the subpart S preamble. 
However, the Agency believes that adopting the 1 ppm level for RCRA may 
be appropriate, for several reasons. For one thing, the 1 ppm TSCA 
level is based on the same residential land use scenario and 
essentially the same exposure assumptions used in deriving the RCRA 
action levels. It also represents the same general ``conservativeness'' 
as an action level, in that it equates to a 10-5 excess lifetime 
cancer risk. In addition, the TSCA level was developed based on 
substantial studies conducted by the Agency that focused specifically 
on the risks posed by PCBs, as well as other relevant factors relating 
to cleanup of PCBs. Finally, 1 ppm is close to the analytical detection 
limit for soil, whereas the action level of 0.09 ppm identified in the 
subpart S proposal may often be below detection limits.
    The Agency recognizes that adopting the TSCA 1 ppm level as an 
action level under RCRA would depart somewhat from how other soil 
action levels are set. It would be a level established under another 
regulatory program and, as such, may reflect certain factors that were 
not otherwise considered in developing the action level concept under 
RCRA. On the other hand, adopting the TSCA level for soils would be 
very much analogous to using MCLs as action levels for ground water as 
discussed in the July 27, 1990 proposal (see 55 FR 30819 and 30853).
    It should also be noted that adopting the 1 ppm action level for 
PCBs requires certain explicit revisions to the proposed subpart S 
regulations. Specifically, as discussed above, the proposed criteria 
for soil action levels that were specified in proposed Sec. 264.521(d) 
would need to be revised to explicitly identify the 1 ppm level for 
PCBs. In addition, Appendix A to part 264 subpart S would require an 
amendment to identify the new PCB action level.
    The Agency solicits comment on today's proposal for adopting 1 ppm 
as the action level for PCBs in soil for the purpose of implementing 
corrective actions at RCRA regulated facilities.
    Although the PCB Spill Cleanup Policy identifies other numbers that 
are generally appropriate for certain land use settings, the Agency 
believes that these levels are inappropriate for use as action levels, 
because they may often require substantial site-specific information 
and determinations by the Agency about current and future land use and 
exposure potential. This is inconsistent with the action level concept, 
which requires identifying conservative, presumptive levels that can be 
established without this type of site-specific information.
    However, the Agency believes that many of the provisions of the PCB 
Spill Cleanup Policy may be appropriate in making decisions regarding 
cleanup levels in the context of RCRA corrective action. In the 
preamble to the proposed subpart S regulations, EPA stated that the 
cleanup levels and practices in the PCB Spill Cleanup Policy would 
generally be appropriate for use in addressing PCB releases under RCRA 
corrective actions. The Agency wishes to reaffirm its intention to use 
the 1987 spill policy as guidance for cleanup of PCBs in the corrective 
action program in essentially the same manner as has been identified in 
the Superfund guidance discussed above.
    It should be noted that the Superfund guidance on PCBs focused 
primarily on the use of the PCB Spill Cleanup Policy in establishing 
preliminary remediation goals, or PRGs. The subpart S proposal did not 
provide an explicit regulatory framework for setting PRGs during the 
corrective action process; however, the preamble to the proposal did 
acknowledge that establishing such preliminary cleanup goals may often 
be appropriate in a RCRA context. The Agency may address this issue 
more thoroughly in subsequent RCRA rulemakings. In any case, EPA 
intends to use the general approach outlined in the Superfund PCB 
guidance in establishing preliminary cleanup goals (when appropriate), 
as well as ``final'' cleanup levels for PCB contamination at RCRA 
facilities. As explained in the CERCLA guidance, the levels specified 
in the TSCA PCB Spill Cleanup Policy would generally be examined in 
light of site-specific information, and that the Agency would preserve 
the flexibility inherent in the subpart S provisions for establishing 
cleanup standards, to select a cleanup level for PCBs that may depart 
from the TSCA PCB Spill Cleanup Policy, when appropriate. (See proposed 
Sec. 264.525(d), 55 FR 30877, July 27, 1990.)
    The Agency solicits comment on the concept, as outlined above, of 
using the TSCA PCB Spill Cleanup Policy as general guidance for 
establishing cleanup levels under RCRA corrective action authorities. 
The Agency also solicits comment on specific provisions of the TSCA PCB 
Spill Cleanup Policy for which it may be appropriate to modify or 
supplement for use in establishing cleanup levels under RCRA.
    d. Today's proposed remediation strategy for PCB spills under TSCA. 
EPA is today proposing a new strategy under TSCA for cleanup of all 
PCBs in the environment that is closely modeled after the 1987 TSCA PCB 
Spill Cleanup Policy for new PCB spills from electrical equipment. The 
Agency believes that adopting such a strategy is warranted, for several 
reasons. EPA's experience with PCB cleanups under CERCLA has shown that 
the general approach and the specific cleanup goals expressed in the 
1987 Policy are generally appropriate for cleanup of PCBs not directly 
addressed under the policy, as long as flexibility is provided for 
factoring site-specific conditions into final cleanup decisions. In 
addition, cleanup of PCBs not directly addressed currently under the 
policy must be addressed under TSCA on a case-by-case basis, with 
oversight of the cleanup action by EPA Regions. This can require 
considerable paperwork and lengthy negotiations between regulators and 
responsible parties over cleanup goals and procedures at individual 
sites. Adopting a simpler, more uniform yet flexible strategy for 
cleanup of PCBs in the environment under TSCA would thus serve to 
reduce administrative and other transactional costs and accelerate the 
cleanup process.
    EPA is not convinced that there is any compelling technical or 
environmental rationale for having several separate and inconsistent 
methods for cleaning up PCB spills, based simply on when the spill 
occurred. Under TSCA, the new strategy and administrative procedures 
propose to address the problem of PCBs in the environment through a 
flexible, tiered approach.
    EPA is proposing that PCBs disposed of, placed in a land disposal 
facility, spilled, or otherwise released into the environment prior to 
April 18, 1978 would be presumed to be disposed of in a manner which 
does not present a risk of exposure (i.e., the PCBs are presumed to be 
safely disposed of) unless EPA makes a finding that there is a risk of 
exposure (see Sec. 761.60 proposed revised introductory text in the 
codified portion of this document). EPA could then require that an 
application be submitted for approval of remediation and proper 
disposal of those PCB remediation wastes under the proposed 
Sec. 761.61(c). All other PCB remediation wastes would be addressed by 
one of several alternatives proposed today.
    In certain scenarios PCBs could be remediated to specified levels 
and treated under the self-implementing provisions proposed at 
Sec. 761.61(a). This activity would be conducted with a minimum of 
interaction between EPA and the party conducting the remediation, but 
it would require that the specified conditions be followed without 
variance.
    Any PCB remediation waste could be cleaned up under the risk-based 
provisions proposed at Sec. 761.61(c). This new provision would be 
harmonized with the RCRA and CERCLA programs. Any changes of the levels 
under RCRA and CERCLA would be reflected in a change under TSCA in the 
target standards. While Sec. 761.61(c) would provide flexibility based 
on site-specific assessment of the risks posed, it would also be the 
most resource intensive and time consuming to implement. All actions 
addressing PCBs under Superfund would use Sec. 761.61(c) as the 
relevant requirement under TSCA thus providing the flexibility 
necessary to implement site-specific remedial actions.
    EPA is also proposing to retain the traditional disposal options 
under proposed Sec. 761.61(b) for incineration, alternate treatment 
technologies, and chemical waste landfilling. This section could be 
used where all PCB remediation waste would be removed from the 
environment, or where remediation levels were established elsewhere in 
these rules. Section 761.61(b) could also be used where a mechanism 
such as a State established cleanup was recognized by EPA through a 
coordinated approval under proposed Sec. 761.77, where a State had 
already established a site characterization and/or remediation plan 
requiring off-site disposal in a facility with a TSCA disposal approval 
for PCBs.
    The current TSCA PCB Spill Cleanup Policy would still be available 
to address recent spills from electrical equipment. The party 
responsible for a spill which was eligible for cleanup under the spill 
policy would also have the option of using one of the alternatives 
available under proposed Sec. 761.61 or Sec. 761.79 (Decontamination), 
where applicable. It should be noted that, in accordance with the anti-
dilution provisions of Sec. 761.1(b), if the contamination was from an 
authorized use, then the PCB remediation waste is regulated based on 
the regulatory status of the PCBs at the time of their release into the 
environment. The following illustrates this point. A transformer 
contains PCB dielectric fluid at 1,000 ppm. The unit leaks its 
dielectric fluid, and all resulting PCB remediation waste is regulated, 
regardless of concentration, because the original dielectric fluid was 
regulated at the time of the leak. However, if the same PCB Transformer 
is first reclassified to non-PCB status (i.e., less than 50 ppm PCB in 
the dielectric fluid) and non-PCB dielectric fluid leaks, none of the 
resulting remediation waste is regulated under TSCA (but not 
necessarily other laws or regulations) because the dielectric fluid was 
unregulated at the time of the leak.
    There are two questions associated with any cleanup. The first 
question is to what level must contamination be cleaned and the second 
question is what are the disposal requirements for the contaminated 
material. In general, the current PCB rules address the disposal 
question by stating that PCBs diluted through acts such as spilling or 
processing for disposal must be disposed of based on the disposal 
requirements for that PCB concentration at the time the PCBs came out 
of service or were spilled. However, except for those scenarios 
addressed by the TSCA PCB Spill Cleanup Policy, the current rules 
require complete removal of spilled or otherwise improperly disposed of 
PCBs. Most commenters to the ANPRM were very supportive of the Agency's 
desire to amend the current rules to allow the management of 
remediation wastes based on their current PCB concentrations and the 
site-specific risk from exposure.
    Several commenters asked that EPA address the question of cleanup 
levels by establishing, in this rule, national standards for specific 
exposure scenarios, with provisions for variances that would be 
binding, for remediation of wastes containing PCBs for all Federal 
programs that would be preemptive of State and local requirements. 
These commenters suggested that this approach could reduce the 
``transactional'' costs associated with site-by-site negotiations, 
promote voluntary remediation activities and, in general, speed the 
cleanup of sites. EPA has limited authority under TSCA to preempt State 
or local requirements for the cleanup or disposal of PCB remediation 
wastes. With regard to establishing uniform standards for specific 
exposure scenarios for the remediation of PCBs and other hazardous 
substances or constituents, EPA has contemplated the following options: 
(a) Setting specific standards, (b) using a uniform decision-making 
process with target standards, but allowing site-specific variances, or 
(c) using a uniform decision-making process with a general goal and 
site-specific application. EPA believes that specific standards are 
most appropriate when dealing with common disposal scenarios and 
limited disposal options. Favoring site-specific approaches to 
remediate old spills is most appropriate when there is little 
commonality at the various sites among the problems being addressed and 
the available disposal options. Except for the limited scenarios 
proposed in Sec. 761.61(a), EPA does not believe that it has sufficient 
experience or information to establish additional self-implementing 
cleanup and disposal options. EPA is seeking comments, supported by 
technical information from those engaged in remedial actions; other 
Federal, State or local entities responsible for the implementation or 
oversight of remedial actions; and the general public on all three 
approaches including the following proposal.
    Several remedial approaches could be proposed for any given site 
which is contaminated with PCBs. In this section, EPA is proposing 
three alternatives for the cleanup and disposal of PCB remediation 
waste under TSCA. The first alternative would be self-implementing. The 
term self-implementing means that EPA approval under TSCA would not be 
necessary as long as the entire remediation conformed to the procedures 
and standards of the first alternative at proposed Sec. 761.61(a). The 
second alternative, performance-based disposal, is the use of 
``traditional'' disposal technologies of incineration and chemical 
waste landfilling, according to the approval process and standards as 
proposed at Sec. 761.61(b). The third alternative, risk-based disposal, 
is a process and decision document not unlike the Superfund remedial 
action decision-making process and record of decision (ROD). Each step 
would be approved by the Regional Administrator having jurisdiction 
over the site which is contaminated with PCBs, including a risk 
assessment and any onsite treatment, or redisposition of treated or 
untreated remediation waste at the site. Treatment levels would be 
based on a site-specific risk assessment described at proposed 
Sec. 761.61(c). Those seeking a PCB disposal approval could also avail 
themselves of the ``Coordinated Approval'' provision (see Unit III.K.1. 
of this preamble). This alternative would allow the recognition of a 
cleanup action conducted under another authority such as a RCRA 
corrective action permit or in compliance with a CERCLA ROD or 
enforcement decision document.
    i. Self-implementing option. The self-implementing alternative is 
patterned after the PCB Spill Cleanup Policy (40 CFR part 761, subpart 
G), which sets standards for cleaning up spills shortly after they 
occur. Like the PCB Spill Cleanup Policy, this proposed alternative 
requires that risk-based surface and soil levels be achieved. However, 
an important distinction between subpart G and the proposed self-
implementing alternative is that for non-recent spills, there may be 
limited information concerning the concentration and amount of PCBs 
released to the environment and the time, nature, and extent of that 
release and any subsequent migration. Subpart G established spill 
cleanup requirements addressing the concentration and amount of spilled 
materials based on the location of the spill and potential exposure to 
the spilled PCBs. Spill cleanup in this proposal is based on the 
current concentration in the material onto which a spill occurred. The 
extent of migration of the spill is likely to be greater for an old 
spill than for a more recent or new spill. This difference plus the 
requirement for rapid initiation and containment of the spill were 
partly responsible for the provision at 40 CFR 761.135 which creates a 
presumption against an enforcement action for penalties for the act of 
illegal disposal. While the self-implementing proposal allows disposal 
of remediation waste according to the waste's current existing 
concentration, the proposal does not create a presumption against 
enforcement action for penalties for the act of unauthorized disposal. 
Another significant difference from subpart G is that the self-
implementing disposal requirements would not apply to certain 
environmental and exposure scenarios having the potential for a high 
risk of exposure. Subpart G allows certain residual levels to remain 
after cleanup based on the potential future use of the site, including 
the imposition of physical or institutional restrictions limiting 
access, which could have been incorrectly assumed to always directly 
correlate with exposure in those areas. Today's proposal addresses 
residual levels based not only on access to areas, but also potential 
exposure to residual PCB levels within those areas. For example, a 
restricted access commercial area might limit who could be exposed, but 
might not limit how much a person with access could be exposed.
    In this proposal, concrete is not considered a non-porous surface 
as it is in subpart G (see the proposed definition of ``non-porous 
surface'' at Sec. 761.3). Consequently, concrete containing PCBs would 
have to be removed rather than just wiped off. The size of the 
remediation area is not an issue with today's self-implementing 
proposal as it is with subpart G.
    The self-implementing option differentiates between the cleanup of 
a site and the disposal of PCB remediation waste from the site. Cleanup 
means the identification and reduction of the PCB concentrations, and/
or removal of PCB remediation waste to a specified residual PCB 
concentration at its existing location. The cleanup portion of this 
alternative allows remediation waste with specified PCB levels to 
remain undisturbed at the site and not be disposed of. Cleanup may be 
followed by either (or both) off-site disposal of a certain amount of 
PCB remediation waste, or treatment of a certain amount of remediation 
waste at the site. Disposal means the movement of PCB remediation 
wastes from the site of contamination to another location for 
destruction or containment (off-site disposal) or the destruction or 
containment of PCB remediation waste at the cleanup site (on-site 
disposal). Section 761.61 would apply to the cleanup and disposal of 
all PCB remediation wastes regardless of when the disposal, spill, or 
contamination occurred. Subpart G would continue to apply to recent 
spills from electrical equipment; however, the party responsible for 
the spill and cleanup could choose to follow Sec. 761.61. There are 
other conforming changes which could be made to 40 CFR part 761, 
subpart G, resulting from this proposal. These changes have not been 
made because those who were a party to the negotiation of subpart G 
have not been a direct party to the development of this proposal. 
Nevertheless, the conforming changes to subpart G have been accounted 
for in this proposal and the proposal is consistent with the conforming 
changes, especially with respect to references of ``old'' spills. 
Section 761.61 specifically applies to ``old'' spills.
    The self-implementing remediation option proposes on-site disposal 
to specified cleanup levels of residual PCBs in the PCB remediation 
waste. Cleanup levels would be more stringent for high exposure areas 
than for low exposure areas, as these terms would be defined in 
Sec. 761.3. Three self-implementing on-site options are proposed: 
capping higher residual levels (a definition of ``cap'' is proposed at 
Sec. 761.3), ``treating down'' from higher levels to lower levels on-
site using a non-chlorinated solvent washing process; and 
microencapsulation or vitrification (definitions of these terms are 
proposed at Sec. 761.3). These last two immobilization technologies are 
being proposed because they have been promulgated under RCRA for debris 
which is contaminated with both RCRA hazardous waste and TSCA PCB waste 
(see 57 FR 37194 -37282, August 18, 1992). Based on EPA's experience 
with approving PCB disposal technologies, the solvent washing process 
is the only currently available destruction or physical separation PCB 
disposal process considered generally effective in a variety of 
situations, commercially feasible at ambient temperatures (i.e., no 
external heat source), and safe enough to be conducted without prior 
approval. EPA will consider these factors, along with the general 
statutory requirement to prevent unreasonable risk of injury to health 
and the environment, in considering the addition, under Sec. 761.61(c), 
of other processes, procedures, or technologies to Sec. 761.61(a). EPA 
specifically requests comments on the best method to expeditiously 
include new universally acceptable risk-based treatment technologies as 
self-implementing treatment options prior to amendment of 
Sec. 761.61(a) in the Federal Register. The kind of solvent washing 
process EPA proposes for treating PCBs removes PCBs from the waste, 
separates the PCBs from the solvent, and reuses the solvent while 
disposing of the PCBs. Residual levels of solvent in the treated PCB 
remediation waste must correspond to allowable levels under all other 
Federal and local regulations, including requirements under RCRA and 
regulations of the Occupational Safety and Health Administration 
(OSHA). For other techniques such as vitrification, EPA is concerned 
about additional issues such as the release of volatile products of 
incomplete combustion (PICs) especially when the process is conducted 
in-situ. If EPA cannot devise a procedure or prescribe a technology for 
addressing the issue of volatile PICs, vitrification will be deleted 
from option (a) and only considered under option (c) in a risk-based 
approval. EPA specifically requests comment and supporting technical 
information on this issue.
    RCRA uses the Toxicity Characteristic Leaching Procedure (TCLP), 
(40 CFR part 261 Appendix II, Method 1311), its model for co-disposal 
of potentially hazardous wastes with municipal solid waste in a 
landfill. Under RCRA regulations, the assumption is that if a waste 
does not exhibit the toxicity characteristic (and is otherwise not 
hazardous), it does not need to be disposed of as a hazardous waste; 
thus, it can be placed in a solid waste landfill (40 CFR 261.3). EPA is 
drawing a parallel to the RCRA rules for disposal of certain treated 
remediation wastes under TSCA. EPA is proposing to use the RCRA TCLP as 
a measure of effectiveness of microencapsulation or vitrification of 
PCB containing remediation wastes. Using the RCRA model for 
establishing toxic contaminant levels, EPA is proposing 50 micrograms 
per liter (i.e., approximately 50 parts per billion [ppb]) as the 
treatability level for extractable PCBs. (The Toxicity Characteristic 
(TC) level for PCBs was proposed and subsequently withdrawn (see 57 FR 
21520, May 20, 1992 and 57 FR 49280, October 30, 1992)). If adopted 
under TSCA, any PCB remediation waste that has been microencapsulated 
or vitrified and subsequently shown to leach PCBs at less than 50 ppb, 
as measured by the TCLP, would be considered appropriate for disposal 
in a municipal solid waste landfill, after written notice to the 
municipal solid waste landfill, or disposal could be at a TSCA approved 
disposal facility. The treated PCB remediation waste would still be 
subject to all prohibitions in the PCB rules including, but not limited 
to, use, reuse, export, or the proposed ban on open burning. One 
commenter to the ANPRM proposed that EPA use the American National 
Standards Institute/American Nuclear Society leachability test (ANSI/
ANS 16.1) to determine the effectiveness of microencapsulation or 
vitrification technologies. The major technical differences between the 
two leaching procedures are the amount of surface area exposed to the 
leaching medium and the neutral (versus the TCLP's mildly acidic) 
nature of the leaching medium in the ANSI/ANS Standard. As stated in 
its introduction, the ANSI/ANS standard serves only as a basis for 
indexing releases from the encapsulant and does not apply to any 
specific environmental situation. The commenter noted that a variety of 
contaminant release tests and test conditions should be developed to 
assess the potential for release of specific contaminants in given 
situations. Since this proposal is focused on the release of a toxic 
constituent from a matrix when co-disposed with other solid waste in a 
municipal solid waste landfill, EPA believes that the question of which 
test to use is more properly addressed in the solid and hazardous waste 
regulations under RCRA than the PCB rules under TSCA.
    Today's proposed self-implementing option for disposal of PCB 
remediation waste includes a different way to evaluate PCB 
concentrations during site remediation. Some field screening tests have 
been developed and approved for use under EPA's ``Test Methods for 
Evaluating Solid Waste'' (SW-846) and have otherwise been widely used. 
Chemicals other than PCBs at the remediation site may interfere with 
the tests and indicate that PCBs are not present when in fact PCBs are 
present (a false negative). The correct application of the tests may 
still not inform or warn the user of the presence of such 
interferences. This proposal includes the use of several kinds of PCB 
field screening tests during remediation, so long as confirmatory 
sampling is used to guard against false negatives and to demonstrate 
the absence of interferences which would render the analytical results 
invalid. The ability to obtain acceptable analytical results in a very 
short time on-site and while remediation is under way can complete 
remediation goals more quickly and at lower costs.
    The self-implementing option for the disposal of PCB remediation 
waste would offer one new consideration for PCB disposal at 
Sec. 761.61(a)(4)(v): allowing non-liquid wastes generated by the 
cleanup process (e.g., spent abrasives) to be disposed of at their 
existing concentration (i.e, at a concentration less than the maximum 
concentration of PCBs found at the remediation waste site). Solvents 
used in remediation activities could be reused according to provisions 
proposed in Sec. 761.79(a)(1) and Sec. 761.61(a). During use of the 
solvents, secondary containment would have to be provided to ensure no 
solvent releases to soil or water. A general requirement for protection 
for workers engaged in decontamination activities is also proposed. 
Decontamination activities could not proceed until those workers 
conducting the decontamination are protected from exposure to PCBs and 
the materials used to decontaminate. EPA requests comments on this 
proposal and technical information on the performance and effectiveness 
of other treatment technologies the Agency could include in the self-
implementing option.
    ii. Performance-based option. The performance-based disposal option 
proposed at Sec. 761.61(b) includes the traditional disposal 
technologies of high-temperature incineration, high efficiency boilers, 
chemical waste landfills, and alternate destruction methodologies that 
are currently approved by the Director of the EPA Chemical Management 
Division for mobile, transportable, and non-unique fixed-site disposal 
units, and by the Regional Administrator for unique fixed-site disposal 
units. These technologies are based on their performance as required in 
the existing PCB disposal regulations. No specific changes are being 
proposed for these standards.
    iii. Risk-based option. The risk-based remediation option proposed 
at Sec. 761.61(c) bases disposal requirements for PCB remediation waste 
on the potential risks to health and the environment resulting from 
residual PCBs in the PCB-remediation waste. Performance requirements 
could include destruction, containment, restriction of access to the 
disposal site, deed restrictions, and other short- and long-term 
management controls. The risk-based disposal standard would continue to 
be one of no unreasonable risk of injury to health and the environment.
    The application and approval process for a risk-based remediation 
approval would be essentially the same as the current process for 
application for a performance-based PCB disposal approval. New 
approvals would be classified as performance-risk based approvals under 
proposed Sec. 761.61(c). Written applications would be required and the 
approving official (i.e., the Regional Administrator having 
jurisdiction over the site of remediation) would document in the 
approval: the reasons for the approval, the approval conditions, and 
EPA's findings. The process, criteria, and standards for decision-
making would be similar to EPA's site remediation program under CERCLA. 
It is EPA's desire to limit the use of this time consuming and resource 
intensive proposed option in favor of the self-implementing provisions 
proposed in Sec. 761.61(a) or the decontamination procedures proposed 
as additions to Sec. 761.79. To assist the applicant in developing an 
approach for the risk-based disposal application, EPA's general 
principles for reviewing a PCB remediation approval application are 
stated here in the form of four preferences. The first preference would 
be to have a permanent remedy that allows for the least restrictive 
access and land use restrictions at each site. The second preference 
would be to impose greater protection of sensitive ecosystems such as 
water resources, croplands, grazing lands, and residential areas than 
the target standards, expressed as cleanup levels in the self-
implementing option (at proposed Sec. 761.61(a)), would provide. The 
third preference would be for destruction or extraction instead of land 
disposal. The fourth preference would be for using on-site or existing 
off-site disposal facilities versus developing new off-site land 
disposal facilities. Microencapsulation or vitrification would not be a 
preferred technology for PCBs if it caused unacceptable increases in 
the overall volume of wastes being sent off-site to chemical waste 
landfills, resulted in a liquid phase, or allowed unacceptable levels 
of leaching of PCBs.
    The evaluation criteria for site-specific variances from the target 
standards would include: (1) Risk factors associated with the waste 
(e.g., volume, concentration, physical state, toxicity, mobility), and 
(2) risk factors associated with the proposed waste management option 
(e.g., safety, reliability, effectiveness, possibility of discharge to 
surface or ground water, current and reasonably expected future site 
use, technical feasibility, resource value, proposed institutional 
controls, permanence of remedy, potential for concentration of PCBs and 
waste minimization). While this paragraph reflects some factors 
associated with each criterion, these unranked factors would only 
provide notice and assistance in defining the criterion. EPA would not 
be limiting itself to the factors listed or require that each factor 
listed be considered.
    e. Implementation of PCB remediation programs. Currently, based on 
the results of site sampling, historical, or other data, EPA may 
presume that PCBs are illegally disposed of at a site and require 
remediation under TSCA. In that case, the burden is on the site owner 
or operator to establish, through persuasive evidence, that the PCBs 
are not illegally disposed of under TSCA. Today, EPA proposes to 
address all PCB remediation waste, regardless of concentration, 
physical state or date of disposal (see proposed introductory text at 
Sec. 761.60) under Sec. 761.61, based on the risk of exposure or injury 
they now pose. EPA would apply the current ``anti-dilution'' provision 
at Sec. 761.1(b) to retain regulatory authority over PCB remediation 
waste even where the PCB concentration is now below 50 ppm, unless the 
dilution was authorized (e.g., as the result of a transformer 
reclassification under Sec. 761.30(a)(2)(v)) and the authorized 
dilution occurred prior to disposal. Anti-dilution would not mandate 
disposal requirements for PCB remediation waste under proposed 
Sec. 761.61 (or Sec. 761.62 for PCB non-remediation waste). Again, the 
burden would be on the site owner or operator to establish, through 
persuasive evidence, that the PCB remediation wastes, regardless of 
current concentration or date of disposal are legally disposed of under 
TSCA and in the case of wastes disposed of before April 18, 1978, which 
are now 50 ppm PCBs, do not pose a risk of injury. PCBs at 
any concentration are subject to remediation under CERCLA or corrective 
action under RCRA. This is not an inconsistency in application of the 
various statutes because the 50 ppm PCB level under TSCA is based in 
part on the economic impacts of the PCB regulations and not solely on 
risk. EPA is not precluded from taking action under any other statute 
it administers simply because it has chosen not to regulate use or 
disposal or take remedial action under TSCA. For example, a party 
begins a cleanup of a historic pre-1978 spill. This site would not fall 
under 40 CFR part 761, subpart G and would require Regional approval 
for cleanup levels for PCBs at 50 ppm. The soil at the site 
is found to vary in concentration between 10 ppm and 100 ppm PCBs. Upon 
application to the Regional Administrator, under proposed 
Sec. 761.61(c), the site could be cleaned to a specified level, and the 
resulting PCB remediation waste treated by chemical dechlorination. Or, 
under the proposal, the Regional Administrator could, upon application 
and upon a site-specific evaluation, determine that an immobilizing 
procedure such as in situ vitrification was a viable alternative. A 
disposal application would then be judged by EPA on its overall ability 
to protect health and the environment from unreasonable risk of injury 
from PCBs. PCBs at levels <50 ppm (at a pre-1978 disposal) would still 
be subject to cleanup under RCRA and CERCLA authorities.
    The disposal rule proposed today would be a potentially 
``applicable or relevant and appropriate requirement'' for PCB cleanups 
under the CERCLA, both with respect to the disposal of PCB remediation 
wastes at CERCLA sites, and with respect to the remediation approach 
utilized and the residual level of PCBs in soil. However, EPA does not 
anticipate that the provisions relating to the remedial approach and 
residual levels permitted will significantly affect CERCLA cleanups, 
because the rule would provide three options. Generally, EPA would be 
likely to select the risk-based option at Sec. 761.61(c), which would 
give the Agency very broad discretion in selecting a remedy.
    One commenter suggested that EPA should conduct a comparative risk 
analysis of all possible disposal techniques and include other factors 
such as transportation and disposal of treatment residues before 
issuing a PCB disposal approval under TSCA. EPA does not believe that 
TSCA authority should be used to accomplish exactly what CERCLA, an all 
encompassing proactive remediation statute, was designed to do. Rather, 
the PCB disposal approval process under TSCA is simply one of 
determining the effectiveness of an applicant's proposed cleanup and 
disposal options for PCBs in achieving a specific standard.
    5. PCB remediation wastes. One category of large volume PCB wastes 
includes all contaminated environmental media, dredged materials, 
municipal sewage treatment sludges, commercial or industrial sludges in 
or from any pollution control device (contaminated as the result of a 
spill of PCBs but not resulting from the incidental manufacture of 
PCBs); soil, rags, and other debris generated as the result of a spill 
cleanup; and site removal, remediation, or corrective action waste at 
any concentration of PCBs and in liquid or non-liquid form. This 
category of wastes would be referred to as ``PCB remediation wastes,'' 
and EPA is proposing this definition at Sec. 761.3. In response to 
comments and to simplify the application of these amendments, EPA is 
proposing that PCB remediation wastes include both liquids and non-
liquids at any concentration of PCBs, in any quantity or volume, 
regardless of when the waste was generated.
    6. PCB non-remediation wastes. The other category of large volume 
PCB wastes would be referred to as ``PCB non-remediation wastes.'' PCB 
non-remediation waste includes: non-liquid bulk wastes or debris from 
the demolition of buildings and other human created structures where 
the construction materials were manufactured or coated (e.g., by using 
paint containing PCBs) with PCBs as opposed to being contaminated with 
PCBs (e.g., through a spill from electrical equipment); wastes from the 
chopping or shredding of automobiles, household and industrial 
appliances, or other white goods (i.e., shredder fluff); PCB-
impregnated electrical, sound-deadening, or other types of insulation 
and gaskets; and all other PCB Items or PCBs for which disposal 
requirements are not otherwise specified in Sec. 761.60, regardless of 
concentration where the concentration at the time of disposal was 
greater than or equal to 50 ppm PCBs. EPA is proposing a definition of 
``PCB non-remediation waste'' at Sec. 761.3.
    Shredder wastes comprise small pieces of metal, rubber, plastic, 
fabric, foam, insulation, wire, cardboard, dirt, and various other 
materials. Demolition wastes may contain any number of materials, 
including some of the same materials found in shredder waste. The 
results of shredding or demolition processes may be that the sources of 
PCB contamination in these large volume wastes may not easily be 
identified. In addition, some decommissioning projects and demolition 
projects may produce large quantities of insulation containing PCBs.
    Shredder waste is also the ``end of the line'' for many items, not 
otherwise regulated for disposal, that find their way into the scrap 
metal stream, and may result in subsequent contamination of shredder 
waste. EPA acknowledges the need for responsibly operated metal 
recycling facilities. As such, EPA is reiterating that all wastes 
containing 50 ppm PCBs or greater, including shredder wastes, as well 
as demolition wastes and large volumes of other PCB non-remediation 
wastes impregnated with PCBs (e.g., insulation), are regulated for 
disposal. However, EPA is proposing at Sec. 761.62 that where PCB non-
remediation wastes are the result of processing PCBs regulated for 
disposal, the wastes resulting from that processing are also regulated 
for disposal even when the resulting concentration of the processing 
wastes is less than 50 ppm PCB, through action of the anti-dilution 
provision at Sec. 761.1(b). Where the waste is already shredded, 
statistically valid sampling and analytical methods acceptable to EPA, 
such as those in proposed Appendix III to part 761, may be used to 
characterize the contamination to support proposals for various 
disposal options. Under the TSCA PCB program, EPA will not accept any 
sampling method that mathematically masks or dilutes areas of PCB 
contamination. A generator or facility owner or operator may 
demonstrate that no PCBs greater than or equal to 50 ppm were in the 
wastestream at the time of generation or that all wastes containing 
PCBs are exempt under the TSCA Household Waste Exemption (Unit II.D.1. 
in this preamble). Conscientious operators of demolition activities and 
shredding facilities should be aware of known sources of contamination 
that can readily be removed from the wastestream before processing and 
disposal. These sources may include small capacitors, light ballasts, 
or PCB-Contaminated Articles such as hydraulic equipment. Proposed 
Sec. 761.62 would allow for other disposal options for PCB non-
remediation wastes based on site-specific criteria by extending the 
risk-based philosophy of the disposal requirements for municipal 
sludges and dredged materials under proposed Sec. 761.60(a)(5). Under 
this proposal, EPA could also require as a condition of any approval 
under this section the implementation of a source identification and 
removal program to control the level (i.e., concentration) and 
variability of PCBs in the wastestream. In compliance with current 
restrictions, items regulated for disposal such as transformer 
carcasses, nonintact or leaking small capacitors, or wastes resulting 
from unauthorized uses must not be placed in the metal stream destined 
for shredding facilities.
    a. Risk-based disposal. In general, EPA's preference for disposal 
of PCB non-remediation wastes under proposed Sec. 761.62 is to approve 
their disposal in a well-engineered and operated municipal solid waste 
landfill with appropriate monitoring to detect releases of PCBs to the 
environment. Facilities should also be designed and operated in such a 
manner as to control the release of PCB non-remediation wastes to the 
environment by controlling among other things, areal dispersion, run-on 
and runoff, and leachate generation and management from the waste 
disposal units. EPA would not be inclined to approve the disposal of 
PCB non-remediation wastes as fill material in environmentally 
sensitive areas including but not limited to sites in 100-year flood 
plains, near potential sources of drinking water, in wellhead 
protection areas, and in residential settings. PCB non-remediation 
wastes could still be disposed of under the three current disposal 
options of incineration, chemical waste landfill, or any alternative 
disposal methods approved under TSCA authorities by the Regional 
Administrator upon application. Under the proposal, if the waste is not 
uniform in PCB contamination, the Regional Administrator may specify 
appropriate limitations on the method or location of disposal 
(Sec. 761.62(c)(4)). Where PCB non-remediation waste is stored on the 
ground (e.g., in a pile), any soil contaminated with non-remediation 
waste would be regulated for disposal under Sec. 761.61.
    b. Leachability-based disposal. As an alternative to obtaining a 
risk-based TSCA disposal approval under proposed Sec. 761.62(c), EPA is 
proposing under Sec. 761.62(b), to allow the disposal of PCB non-
remediation waste in a municipal solid waste landfill if the level of 
PCBs in the waste as measured by the Toxicity Characteristic Leaching 
Procedure was less than 50 micrograms per liter (i.e., 50 ppb) and the 
landfill is notified in writing, at least 15 working days prior to 
their receipt of the waste. This self-implementing option would be 
available to only the PCB non-remediation waste itself and not to any 
material resulting from pre-treatment such as microencapsulation or 
vitrification of the waste. Any proposal to process (i.e., pretreat) 
PCB non-remediation waste currently requires an approval, and this is 
not proposed to change. Disposal of PCB non-remediation wastes, such as 
wastes from automobile or appliance shredders, in a municipal solid 
waste landfill is currently prohibited by the PCB regulations, but may 
be allowed by EPA on a case-by-case basis.
    EPA requests comment, with supporting data, on the inclusion of 
other self-implementing options for the storage and disposal of PCB 
non-remediation wastes under Sec. 761.62(b). These additional options 
would include provisions to make them generally applicable nationwide 
and not require additional site-specific prohibitions or limitations.
    c. Performance-based disposal. PCB non-remediation waste could 
still be disposed of in a TSCA approved incinerator or chemical waste 
landfill under proposed Sec. 761.62(a). This option would be most 
appropriate where the PCB for PCB non-remediation waste which was no 
longer being generated, the waste could not be disposed of under 
proposed Sec. 761.62(b) because of high levels of leachable PCBs, and 
where the situation would not warrant the expenditure of resources to 
apply for a risk-based disposal approval under proposed Sec. 761.62(c).
    7. Decontamination standards and procedures. EPA is proposing 
several changes and additions to Sec. 761.79 with general applicability 
throughout the PCB program under TSCA, for liquids and non-porous 
surfaces, except where another standard is established, for example in 
a RCRA permit, a TSCA PCB disposal approval, a Superfund ROD, or a 
Superfund enforcement decision document. Today's proposal includes a 
general decontamination standard of  10 micrograms PCBs 
(g)/100 square centimeters (cm2) (as measured by standard 
wipe tests, Sec. 761.123) for a non-porous surface (see proposed 
definition at Sec. 761.3) and two decontamination procedures for non-
porous surfaces. The decontamination standard may be achieved using any 
disposal or cleaning technique which, in some instances, may require 
prior approval by EPA. Although activities such as filtering, soaking, 
wiping, stripping of insulation, chopping, scraping, or the use of 
abrasives to remove or separate PCBs from contaminated surfaces or 
liquids may be processing for disposal as opposed to disposal, EPA is 
proposing to waive any requirement to obtain prior approval under TSCA 
for these listed activities. EPA also considered whether to include 
distillation in this exemption but remains concerned about releases of 
volatile and semi-volatile organic compounds to the environment. EPA is 
seeking comment on the inclusion of distillation. All residues 
containing PCBs from these and other ``disposal'' activities would 
remain regulated.
    The proposed standard for decontamination of solid surfaces is the 
standard in the PCB Spill Cleanup Policy at Sec. 761.125(c)(2)(i). EPA 
believes that  10 g PCB/100 cm2 is protective 
for disposal or subsequent reuse of the decontaminated surface. This 
standard has also been demonstrated to EPA through the PCB disposal 
approval process to be achievable through a wide variety of techniques. 
The residual cleaning materials containing PCBs would be managed and 
disposed of as a PCB waste in accordance with the applicable PCB 
disposal regulations in part 761, subpart D. The ``Note'' currently 
following Sec. 761.79 would be inserted as introductory text under 
Sec. 761.79 to warn those conducting decontamination operations that 
compliance with this section would not relieve them of their duty to 
comply with other Federal, State, or local requirements for the use and 
disposal of solvents. One example is the requirement to comply with the 
rules for the disposal of wastes identified or listed under RCRA or 
State or local laws as solid, hazardous, or otherwise regulated wastes.
    As an alternative to decontamination followed by sampling, for non-
porous surfaces, especially those that cannot be accessed for sampling, 
EPA is proposing two non-aggressive procedures for decontamination. The 
first procedure is for surfaces contaminated with mineral oil 
dielectric fluid (MODEF) with PCB concentrations  10,000 ppm 
(see proposed Sec. 761.79(e)). The second procedure is for surfaces 
contaminated with higher concentrations of PCBs in MODEF and askarel 
PCBs (see proposed Sec. 761.79(f)). Each procedure involves a 15-hour 
non-aggressive soaking (i.e., no agitation of the kerosene or movement 
of the contaminated surface in the kerosene). Proposed Sec. 761.79(f) 
would require a second soak with clean kerosene.
    After decontamination using one of these procedures, the 
decontaminated surface would not be regulated for disposal and could be 
reused except in association with food, feed, or drinking water in 
accordance with proposed Sec. 761.20(c)(5). EPA's research demonstrates 
that these two non-aggressive procedures using kerosene should 
decontaminate surfaces to a level  10 g/100 
cm2. Therefore, confirmatory sampling would not be required. EPA 
is requesting comment, supported by laboratory data, on aggressive 
versus the proposed non-aggressive decontamination techniques 
especially where the volume of kerosene or another solvent proposed by 
the commenter can be reduced. EPA recognizes that there is a 
possibility that the proposed decontamination procedure may not result 
in final surface levels at or below 10 g/100cm2. For 
purposes of implementation, if EPA subsequently sampled a 
decontaminated surface and found levels above 10 g/100 
cm2, the surface would be regulated unless it could be shown by 
the owner (i.e., through laboratory documentation) that the original 
PCB concentrations were determined, the prescribed procedures in 
Sec. 761.79(e) or (f) were followed for those concentrations of PCBs, 
and the prescribed volume of PCB rinseate was used and properly 
disposed of (i.e., through copies of the manifests and certificates of 
disposal).
    EPA is also proposing additional language at Sec. 761.79(a) to 
clarify that the disposal of solvents, abrasives, or equipment used in 
decontamination procedures is regulated and is proposing another 
disposal option, specifically disposal in an industrial boiler, for 
certain of those solvents. The proposal would also require at 
Sec. 761.79(a)(5) that all decontamination activities be conducted with 
containment adequate to prevent releases of PCBs to the environment. 
EPA is proposing that any decontamination activities conducted in 
accordance with the provisions of Sec. 761.79 would not require a PCB 
disposal approval from EPA. Workers would have to be protected against 
exposure through dermal contact or inhalation; however, EPA is not 
specifying what measures must be taken.
    The proposal establishes a decontamination standard for water of 
0.5 micrograms PCB per liter (0.5 g/l) or approximately 0.5 
ppb PCB (see proposed Sec. 761.79(g)). This standard is consistent with 
EPA drinking water levels for PCBs at 40 CFR 141.61(c). EPA is 
proposing a 0.5 ppb decontamination standard because it is difficult to 
ensure that the decontaminated water will not be reused in association 
with food or feed or as drinking water for livestock or humans. A 
conforming amendment at proposed Sec. 761.20(c)(6) would allow the 
unrestricted reuse of water decontaminated in accordance with the level 
established in Sec. 761.79(g). The Agency believes that uses of water 
at or below the proposed decontamination level would not pose an 
unreasonable risk of injury to health or the environment. The proposal 
also establishes a decontamination standard for organic liquids, not 
associated with remediation wastes, of less than 2 milligrams PCB per 
liter (i.e., <2 ppm PCB) (see proposed Sec. 761.79(h)).
    EPA believes that placing these standards in the decontamination 
section will clarify and simplify the implementation of the PCB program 
by specifically defining levels for decontamination and removing the 
prohibitions against reuse (see Secs. 761.20(c)(5) and (6)). The 
proposed introductory text to Sec. 761.60 states in part that ``...PCB 
wastes must be disposed of in accordance with provisions of this 
subpart.'' EPA interprets this to mean that any PCB otherwise subject 
to the disposal requirements of Sec. 761.60, may also be disposed of 
through decontamination under proposed Sec. 761.79.
    8. Distribution in commerce and use of decontaminated equipment, 
structures, and materials. The Agency is proposing a conforming 
amendment to the current provisions of Sec. 761.20(c) as an exception 
to the general prohibition against the distribution in commerce and use 
of equipment, structures, and materials unless they are decontaminated 
under a TSCA approval, or the provisions at proposed Sec. 761.79. This 
amendment is important because it causes the scope of the PCB 
prohibitions in this section to, among other things, specifically 
conform to the current use of TSCA disposal approvals in establishing 
decontamination or cleanup levels (see proposed Sec. 761.20(c)(4)). EPA 
also proposes at Sec. 761.20(c)(7) to exempt from the general 
prohibition on use of PCBs, surfaces (e.g., equipment) which comes in 
contact with PCBs or PCB wastes at 50 ppm by allowing its 
continued use until thw surface exceeded the appropriate 
decontamination standard, at which point it would have to be 
decontaminated or disposed of. The Agency believes that the further 
use, or distribution in commerce of items decontaminated or cleaned up 
to specific standards established in applicable EPA PCB spill cleanup 
policies, Sec. 761.79, or a TSCA approval would not present an 
unreasonable risk of injury if the decontaminated items are not used or 
reused in association with food, feed, or drinking water. For water, a 
standard is being proposed at Sec. 761.20(c)(6) that is stringent 
enough to allow unrestricted distribution or reuse of the 
decontaminated water. In Sec. 761.20(c)(7), the Agency is proposing to 
allow the restricted distribution or reuse of solid, nonporous surfaces 
that have been contaminated by regulated PCBs if the final PCB 
concentration meets the decontamination standard proposed at 
Sec. 761.79(d), regardless of the original concentration of the PCBs. 
Although any liquid (e.g., a solvent) or solid (e.g., an abrasive) used 
for decontamination would remain regulated, the decontaminated surface 
could be distributed or reused pursuant to proposed Sec. 761.20(c)(5) 
and (6).
    9. Processing for disposal. Current Sec. 761.20(c)(2) says in part 
that PCBs ``may be processed . . . in compliance with the requirements 
of this part for purposes of disposal in accordance with the 
requirements of Sec. 761.60.'' The preamble language addressing this 
section (see 44 FR 31527, May 30, 1979) explained that the provision 
was intended to apply to the concentration of PCBs in a manufacturing 
waste stream where the wastes resulted from the manufacture and 
processing of PCBs for use. EPA is clarifying how this paragraph 
applies to the disposal of all PCBs, including those removed from use. 
Today, EPA is broadening the exemption for processing for disposal by 
identifying which processing for disposal does not require an approval 
and which processing for disposal does require a PCB disposal approval. 
EPA clarifies that processing activities which are primarily associated 
with and facilitate the storage and transportation of PCBs for disposal 
would not require an approval. Processing activities which are 
primarily associated with and facilitate treatment, as defined in 
Sec. 261.10, or land disposal, rather than storage or transportation 
for disposal would require an approval unless the processing was part 
of an activity already included in an approval or other authorization 
in subpart D of this part, for example in Secs. 761.61(a), 761.62(b), 
or 761.79.
    Specifically, EPA is implementing the existing provisions at 
Sec. 761.20(c)(2) as follows:
    (a) Processing activities which are primarily associated with and 
facilitate storage or transportation for disposal do not require a TSCA 
PCB disposal approval. Examples include, but are not limited to 
removing PCBs from service (e.g., draining liquids), packaging or 
repackaging PCBs for transportation for disposal, or combining 
materials from smaller containers into larger containers in accordance 
with Sec. 761.1(b).
    (b) Processing activities which are primarily associated with and 
facilitate treatment or land disposal require an approval unless they 
are part of an existing approval or are part of a self-implementing 
activity such as Sec. 761.61(a) and Sec. 761.79 or otherwise 
specifically allowed under 40 CFR part 761, subpart D. Examples include 
but not limited to microencapsulation; pulverization; particle size 
separation; employing augers or hoppers to facilitate feeding non-
liquid PCBs into a disposal unit; and directly piping liquid PCBs into 
a disposal unit from PCB items, storage containers or bulk transport 
vehicles; or directly introducing non-liquid PCBs from containers, bulk 
transport vehicles or on pallets into a disposal unit, such as an 
incinerator, a high efficiency boiler, industrial furnace, alternate 
destruction method, or chemical waste landfill.
    (c) With the exception of provisions in Sec. 761.60(a)(2) or (3), 
in order to meet the intent of Sec. 761.1(b), processing, diluting or 
otherwise blending of waste prior to being introduced into a disposal 
unit for purposes of meeting a PCB concentration limit shall be 
included in a disposal approval or comply with the requirements of 
Sec. 761.79.
    (d) The rate of delivering liquids or non-liquids into a PCB 
disposal unit shall be part of the conditions of the PCB disposal 
approval for the unit when an approval is required.

B. Large Volume PCB Articles

    Section 761.3 currently defines ``PCB Article'' as 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) that is formed to a specific shape or 
design during manufacture, (2) that has end use function(s) dependent 
in whole or in part upon its shape or design during end use, and (3) 
that has either no change of chemical composition during its end use or 
only those changes of composition that have no commercial purpose 
separate from that of the PCB Article.
    The large volume article disposal proposals differ from the 
existing PCB Article disposal regulations in two ways: they focus more 
on the presence of PCBs rather than on the presence of PCB containing 
liquids; and the proposed changes focus more on the decontamination of 
portions of the articles for purposes of another use (metal recovery) 
or reuse (by verifying the absence of PCBs presumed present), rather 
than for outright disposal (i.e., destruction or landfilling) of the 
article.
    1. Disposal. The current Sec. 761.60(b)(5) would be redesignated as 
Sec. 761.60(b)(6). The new Sec. 761.60(b)(6)(ii) would be amended to 
include language allowing disposal in industrial furnaces (as defined 
in the proposed Sec. 761.3) of drained PCB-Contaminated Articles. A new 
Sec. 761.60(b)(6)(iii) would be added to address PCB Articles with 
surfaces contaminated with PCBs, but which contain no liquids by which 
to characterize the article.
    With respect to Sec. 761.60(b)(6)(ii), although not explicitly 
provided for in the current regulations, EPA in the past, has 
interpreted disposal in an industrial furnace, as defined in proposed 
Sec. 761.3, as an appropriate method of disposal also for drained PCB-
Contaminated Transformers and drained PCB-Contaminated natural gas 
pipeline (see Ref. 25).
    Currently, the regulations specifically state that ``salvage'' is 
an acceptable form of disposal for ``PCB hydraulic machines'' 
containing PCBs at concentrations of 50 ppm 
(Sec. 761.60(b)(3)). The word ``salvage'' has been interpreted by EPA 
to allow smelting of ``PCB hydraulic machines'' that have been drained 
of all free flowing liquid. (See Ref. 21) In addition to disposal of 
hydraulic machines, which have been drained of hydraulic fluids, in 
municipal or industrial landfills, EPA is proposing to amend 
Sec. 761.60(b)(3) to allow salvage by disposal in industrial furnaces, 
as defined in proposed Sec. 761.3. It should be noted that PCBs, not 
just free flowing liquids, associated with the PCB Articles must be 
removed from the surface of the item before the item may be 
reintroduced into commerce. EPA is seeking comments and data on 
disposal techniques such as disposal in industrial furnaces for 
inclusion in this amendment.
    The new Sec. 761.60(b)(6)(iii) addresses PCB Articles with surfaces 
contaminated with PCBs, but which contain no liquids by which to 
characterize the article. This category of PCB Articles would include, 
but not be limited to, ship hulls, air handling systems, and other 
articles that could be characterized by a wipe sample. As a point of 
clarification, EPA believes that PCB-Contaminated Electrical Equipment 
with porous material in its core will probably not rapidly be able to 
meet the requirement of being drained, because the porous core will 
continue to release liquid for an extended period of time after the 
initial liquid is drained from the unit. In these cases EPA recommends 
that the core and any other sorbent material be removed and placed in a 
TSCA approved chemical waste landfill.
    PCB-Contaminated Articles regulated under proposed 
Secs. 761.60(b)(6)(ii) or (iii) would be required to be disposed of in: 
a facility permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste (excluding thermal treatment 
units), an industrial furnace (defined in proposed Sec. 761.3) 
operating in compliance with the requirements of Sec. 761.60(a)(4), or 
other TSCA approved disposal facilities.
    As a point of clarification, the phrase ``is not regulated for 
disposal'' at current Secs. 761.60(b)(4) and (b)(5)(ii) does not mean 
that drained PCB-Contaminated Electrical Equipment and PCB Articles may 
be sold, distributed in commerce for sale or use, or reused without an 
exemption under these rules. The phrase only means that a waste can be 
disposed of, in accordance with the definition of disposal at 
Sec. 761.3, without a TSCA PCB approval.
    2. Open burning and industrial furnaces. Currently, 
Sec. 761.60(b)(4) and (b)(5)(ii) provide that drained PCB-Contaminated 
Electrical Equipment (except capacitors) and drained PCB-Contaminated 
Articles are not regulated for disposal. EPA chose not to regulate the 
disposal of certain PCBs because it found that the risks were not 
unreasonable. However, EPA is aware that certain PCBs have been 
disposed of through ``open burning'' (e.g., the burn-out of core 
materials in PCB-Contaminated Transformers) without adequate provision 
for efficient combustion and control of gaseous combustion products. 
EPA currently controls the combustion of PCBs through incinerator and 
industrial boiler criteria set out at Sec. 761.70, to limit the release 
of PCBs and the production or release of byproducts of the incomplete 
combustion of PCBs such as dioxins and furans. EPA is proposing at 
Sec. 761.3 a definition of ``open burning'' that is consistent with 
RCRA's definition at 40 CFR 260.10, a ban on the practice of open 
burning. Open burning can result in the volatilization of PCBs and 
several toxic products of incomplete combustion including 
polychlorinated dibenzofurans; 2,3,7,8-tetrachlorodibenzofuran; 
polychlorinated dibenzo-p-dioxins; and 2,3,7,8-tetrachlorodibenzo-p-
dioxin.
    This provision would prevent open burning of regulated PCBs in 
State permitted, licensed, or registered municipal solid waste 
combustors (i.e., thermal treatment unit) unless the combustor met the 
requirements for an industrial furnace set out at proposed Sec. 761.3 
and Sec. 761.60(a)(4). To facilitate the Regional Administrator's 
review of the operation of an industrial furnace, a site-specific risk 
assessment would need to accompany any request for a Regional 
Administrator's determination of no unreasonable risk. This risk 
assessment could be in the form of a permit issued under RCRA or the 
Clean Air Act, or as a separate determination issued by the Regional 
Administrator prior to combustion of PCBs.
    Industrial furnaces, as defined in 40 CFR 260.10, are being 
proposed as an acceptable form of disposal when as industrial furnace 
combusting PCBs does not release unreasonable levels of PCBs to the 
environment. To help ensure that PCBs disposed of in an industrial 
furnace do not pose an unreasonable risk of injury to health or the 
environment, EPA is proposing at Sec. 761.60(a)(4) that industrial 
furnaces used for disposal of PCBs be operated under either a RCRA 
permit (40 CFR part 266, subpart H and 40 CFR 270.66) for industrial 
furnaces or a valid State air permit that includes a standard for PCBs, 
and that the industrial furnaces be in compliance with the conditions 
of their permit. Where an industrial furnace does not meet the permit 
requirements, upon written request by the owner or operator of the 
industrial furnace, the Regional Administrator may make a finding, in 
writing, that the combustion of PCBs in certain industrial furnaces 
would not pose an unreasonable risk to health or the environment if the 
industrial furnace is operating in compliance with the proposed 
conditions discussed below even though it does not have RCRA or State 
air permits. EPA is amending Form 7710-53, ``Notification of PCB 
Activity,'' to include a category for industrial furnaces and is 
proposing that owners of this equipment comply with the notification 
requirements of Sec. 761.205 by notifying the Agency that their 
equipment is used to dispose of PCBs. (For the reader's convenience, a 
copy of the revised form is reproduced at unit III.J. of this preamble 
and may be used to notify EPA of PCB waste handling activities. The 
form will nolonger be shown in 40 CFR part 761.)
    The following operating conditions are being proposed at 
Sec. 761.60(a)(4) for industrial furnaces disposing of PCB-Contaminated 
Items. The conditions are: (1) The operating temperature of the 
industrial furnace must be at least 1,000 deg. C (centigrade) at the 
time it is charged; (2) each charge must be fed into molten metal or 
metal at or above 1,000 deg. C; (3) successive charges must not be 
introduced into the hearth in less than 15 minute intervals, (4) there 
shall be no visible particulate emissions from the stack during PCB 
disposal (as determined by Method 9 in 40 CFR part 60 Appendix A), (5) 
there shall be no visible fugitive particulate emissions from the 
industrial furnace building during PCB disposal (as determined by 
Method 9, in 40 CFR part 60 Appendix A); (6) the industrial furnace 
must have an operational device which accurately measures, directly or 
indirectly, the temperature in the hearth; and (7) a reading of the 
temperature in the hearth at the time it is charged must be taken, 
recorded, and retained at the facility for 3 years from the date each 
charge is introduced. If EPA ever determined that an industrial furnace 
was not operating in compliance with one or more of the conditions 
proposed in Sec. 761.60(a)(4), was not operating under and in 
compliance with a valid RCRA permit or State air permit (with an 
emissions standard for PCBs) or a finding by the Regional 
Administrator, the owner or operator of that industrial furnace would 
be deemed to be conducting ``open burning'', and would be, among other 
things, prohibited from introducing any additional PCB wastes into the 
unit. Examples of acceptable industrial furnaces which could meet the 
proposed operating conditions include, but are not limited to, electric 
arc furnaces, blast furnaces, and open hearth furnaces. If drained PCB-
Contaminated Items are charged at less than 1,000 deg. C into a furnace 
chamber and the furnace gas emissions from this chamber passed through 
a secondary combustion chamber, this kind of furnace shall be approved 
according to Sec. 761.60(e). This disposal option would not be 
available for TSCA regulated PCB liquids.
    As a conforming change, due to the proposed ban on open burning, 
EPA is proposing to delete the phrase ``is not regulated by this rule'' 
from the PCB regulations at Sec. 761.60(b)(4), governing disposal of 
drained PCB-Contaminated Electrical Equipment, except capacitors and 
(b)(5), governing disposal of drained PCB-Contaminated Articles. The 
proposal would substitute the phrase ``may be disposed of in a facility 
permitted, licensed, or registered by a State to manage municipal or 
industrial solid waste (excluding thermal treatment units), an 
industrial furnace as defined in Sec. 761.3, operating in compliance 
with the requirements of Sec.  761.60(a)(4), or a disposal facility 
approved under this part.'' The purpose of these proposals is to 
promote, with minimal regulatory burden, certain recycling practices 
such as smelting for the recovery of metals and to stop such practices 
as the unapproved burning of PCB liquids, contaminated wood or paper 
cores, or contaminated insulation even where there may be a claim of 
energy recovery unless specifically allowed elsewhere by these 
regulations.
    Some commenters to the ANPRM advised EPA against proposing controls 
on industrial furnaces, stating that current processes were adequate. 
However, another group of commenters recommended that either additional 
controls be placed on industrial furnaces or that drained PCB-
Contaminated Items be otherwise regulated for disposal. These 
commenters suggested environmental harm could be caused by the 
unregulated combustion of PCB-Contaminated Items.
    EPA believes that responsibly run industrial furnaces provide a 
valuable recycling benefit and that the current Federal regulatory 
matrix in conjunction with the proposed operating standards would 
provide adequate controls on any potential emissions.
    3. Characterization of PCB Articles. Under Sec. 761.60(b)(5) of the 
current rules, PCB Articles are characterized by the PCB concentration 
found in the free flowing liquid. This method is appropriate for 
electrical equipment containing PCBs and some other articles containing 
PCBs. However, it may not be appropriate for PCB Articles whose 
surfaces may be contaminated with a very light coating of liquid which 
is not free flowing. In these instances, EPA is proposing at 
Sec. 761.60(b)(6) that the standard wipe test be used to characterize 
these articles. Nonporous surfaces including, but not limited to, ship 
hulls and air handling systems could be wipe sampled under proposed 
Sec. 761.60(b)(6)(iii), pursuant to the wipe sampling guidelines, at 
locations that accurately characterize the article. Areas directly in 
contact with PCBs would have to be sampled. Any nonporous surface found 
to be contaminated with PCBs at <100 micrograms per 100 square 
centimeters could be disposed of in an industrial furnace. Other 
articles found to be contaminated with PCBs at 100 
micrograms per 100 square centimeters must be disposed of in a TSCA 
approved incinerator or placed in a TSCA approved chemical waste 
landfill. EPA is proposing to limit the application of the wipe test to 
characterize items for disposal to certain articles. The wiped surface 
must be non-porous for the test to accurately characterize the 
contamination level of the article. However, a standard wipe test may 
be applicable to other PCB Articles with porous surfaces under an 
alternative disposal approval (Sec. 761.60(e)). Any article may also be 
disposed of through decontamination under proposed Sec. 761.79, as 
applicable.
    4. Characterization of natural gas pipeline. A new 
Sec. 761.60(b)(5) and Appendix I would be created to address disposal, 
including abandonment in place, and removal of natural gas pipeline. 
This section proposes the characterization of natural gas pipeline by 
direct analysis of pipeline fluids, commonly found in pipeline 
``drips'' and geographic low points or the use of the standard wipe 
test for characterization purposes, if liquid samples are not 
available. Natural gas pipeline being removed from service which is 
characterized as PCB-Contaminated, that is, between 50 and less than 
500 ppm PCBs in pipeline fluids or, for drained pipe, those segments 
which are greater than 10 to less than 100 micrograms PCB per 100 
square centimeters, as characterized by the standard wipe test, may be 
disposed of in a facility which is permitted, licensed, or registered 
by a State to manage municipal or industrial solid waste (except 
thermal treatment units), in an industrial furnace operating in 
compliance with the requirements of Sec. 761.60(a)(4), or in a TSCA 
approved disposal facility. Natural gas pipeline characterized at 500 
ppm PCB or greater in its condensate liquids or 100 g/
100cm2 PCB or greater in a standard wipe sample could be removed 
and managed in a TSCA approved disposal facility, as a PCB non-
remediation waste under proposed Sec. 761.62 or decontaminated under 
proposed Sec. 761.79. Natural gas pipeline with an inside diameter of 4 
inches or less is proposed to be disposed of in the same manner as PCB-
Contaminated pipeline.
    The natural gas pipeline industry routinely takes segments of 
pipeline out of service by abandoning the segments in the right-of-way. 
EPA is proposing several options for natural gas pipeline that would be 
abandoned in place. Natural gas pipeline at any concentration of PCBs, 
containing no free-flowing liquid and with an inside diameter of 4 
inches or less, could be abandoned in place by filling the pipe to 50 
percent of the volume with cement or other materials listed in proposed 
Sec. 761.60(b)(5) or placing the abandoned segment in a public service 
notification program and under either option, sealing the ends shut. 
PCB-Contaminated natural gas pipeline of any diameter could be 
abandoned in place if it contained no free flowing liquids and each end 
was sealed shut. Natural gas pipeline at concentrations of 500 ppm PCBs 
or greater, or 100 /100cm2 PCBs or greater could be 
abandoned in place if it was either washed once with diesel fuel or 
filled to 50 percent of its volume with cement or other materials 
listed in proposed Sec. 761.60(b)(5) and, in either case, each end was 
sealed. Where natural gas pipeline of any diameter or PCB concentration 
is abandoned in certain listed locations that could be difficult to 
sample, the segments would be filled to 50 percent with cement or other 
materials listed in proposed Sec. 761.60(b)(5), unless cement was 
specified as a requirement for abandonment.
    EPA proposes, in Appendix I, details on how to characterize natural 
gas pipelines containing PCBs for abandonment and removal. Appendix I 
would require that natural gas pipeline containing PCBs be wiped on the 
lowest point on the inside surface of each end of a removed segment of 
pipe as that point would be determined prior to removal from the 
ground. Where the pipe was removed from the ground, the removed segment 
to be sampled could not exceed 40 feet in length. Segments of natural 
gas pipe removed from the ground for disposal would be required to be 
sampled at each end. A length of pipe having seven or fewer segments 
that was removed for disposal would have to be sampled at each end of 
each segment. For removal of multiple contiguous segments, greater than 
seven segments but less than 3 miles in total length, samples would be 
required from both ends of the first and last segments removed and both 
ends of five randomly chosen segments in between (with this scheme 
producing seven sampled segments). For removal of multiple contiguous 
segments more than 3 miles in total length, samples would be required 
from both ends of the first segment and both ends of each segment that 
is one-half mile distant from the segment previously sampled (with this 
scheme producing a minimum of seven sampled segments).
    For pipe to be disposed of, the analytical results of both samples 
from each segment sampled would be averaged to determine the level of 
contamination. If any average sample results from any segment removed 
were greater than 10 to less than 100 micrograms PCB/100 square 
centimeters, then that segment would be considered PCB-Contaminated. If 
any average sample results from multiple contiguous segments removed 
were greater than 10 micrograms PCB/100 square centimeters then all 
unsampled segments in that removal would be presumed to be contaminated 
with PCBs at that level. Other sampling regimes could be approved in a 
disposal approval issued under Sec. 761.60(e) or Sec. 761.62(c).

C. PCB/Radioactive Wastes

    The Agency solicited through the ANPRM information and comments 
regarding the regulation under TSCA of the continued use, storage, and 
disposal of mixtures, items, and wastes with both PCB and radioactive 
constituents. Information was requested to be used to propose criteria 
for developing an authorization for the continued use, storage, and 
disposal of such materials, which would minimize risks to health and 
the environment from PCBs. With respect to radioactive components, the 
proposed criteria would achieve compliance with requirements 
established under the authority of the Atomic Energy Act (AEA) as 
amended (42 U.S.C. 2011) and maintain doses from radioactive materials 
regulated under the AEA at a level that is ``As Low As Reasonably 
Achievable'' (ALARA) (40 FR 19442, May 5, 1975; 10 CFR part 50, 
Appendix I).
    The Nuclear Regulatory Commission (NRC) and the Department of 
Energy (DOE) participated in the identification of situations of 
potential concern due to the presence of radionuclides and the 
development of the proposed waste management options for PCB/
radioactive waste, as reflected in this section.
    The ANPRM stated that neither TSCA nor the PCB regulations has 
waiver provisions similar to those under RCRA and solicited comments on 
amending the 1-year time limit for storage and disposal for PCBs at 40 
CFR 761.65(a) where no disposal technology exists. An extension to the 
1-year storage and disposal requirement could also be appropriate for 
situations where the disposal capacity or the time necessary to 
complete the disposal are insufficient. This approach would provide 
flexibility on a case-by-case basis to address specific use scenarios 
or storage requirements and issues unique to PCB/radioactive waste 
management.
    The majority of comments supported flexibility in extending the 1-
year time limit for storage and disposal, and concurred with the 
proposal that such extensions or waivers should be determined on a 
case-by-case basis. Some commenters suggested a general regulatory 
waiver or variance to the 1-year time limit for storage and disposal 
requirement. Still another commenter suggested that EPA grant an 
exemption similar to the national capacity variance to RCRA's hazardous 
waste land disposal restriction requirements. Other commenters proposed 
a ``good faith'' showing by contacting disposal facilities nationwide 
and certifying that disposal capacity is not available for wastes 
remaining in storage. Many commenters also supported extending or 
waiving the 1-year time limit for storage and disposal requirement for 
materials like PCB/radioactive waste. Commenters recommended extensions 
for problems such as: a lack of disposal or treatment technology, a 
lack of disposal or treatment capacity, and a lack of sufficient time 
to complete the disposal process (e.g., bioremediation).
    EPA, in Unit III.G.3 of this preamble, is proposing to amend 40 CFR 
761.65 to allow for self-implementing and case-by-case extensions to 
the 1-year time limit for storage and disposal requirement for any PCB 
wastes. PCB/radioactive wastes are included in that proposal.
    Proposed Sec. 761.65(a)(2) would provide the Regional Administrator 
for the Region where the waste is being stored, or the Director, 
Chemical Management Division (CMD), authority to grant extensions to 
the current 1-year time limit for storage and disposal of PCBs, 
including PCB/radioactive wastes. An extension could be granted based 
on a determination by the Regional Administrator or the Director, CMD, 
that there was a demonstrated need or justification to store or conduct 
disposal of wastes beyond 1 year and that no unreasonable risks of 
injury to health or the environment would result from an extension of 
the storage period. Criteria for extension would include, but not be 
limited to, a demonstrated need to store wastes beyond the 1-year time 
frame due to a lack of disposal capacity, the absence of a treatment 
technology or insufficient time to complete the treatment/destruction 
process, and a demonstration that relevant treatment or disposal 
requirements are being pursued.
    The problem of capacity shortfalls is expected to continue for some 
time after the disposal technology has been developed because of the 
large volume of stored PCB/radioactive wastes awaiting disposal. As an 
example of capacity problems, DOE operates a Regional disposal facility 
at Oak Ridge, Tennessee, for PCB/RCRA/radioactive mixed wastes. Fifty 
million pounds of wastes are currently in storage for disposal at 
several Regional sites. Current generation rates at the various 
facilities that rely on Oak Ridge for disposal are approximately 5 
million pounds per year. The maximum disposal rate for the unit is 
approximately 3.09 million pounds per year. Current projections 
indicate that it will take 30 to 50 years to dispose of the current 
materials in storage and all the wastes yet to be generated using the 
facility as currently configured (Ref. 11). Therefore, DOE is not 
expected to meet the 1-year time limit for storage and disposal 
requirement even though it is pursuing additional capacity.
    Several commenters requested that under TSCA, the PCB and 
radioactive wastes in a mixture not be confused with the term ``mixed 
wastes'' under RCRA. EPA agrees and proposes to apply the term ``PCB/
radioactive wastes'' or ``PCB/fissionable radioactive waste'' (See 
proposed definition at Sec. 761.3) as opposed to ``mixed wastes'' to 
wastes containing PCBs and radioactive constituents subject to 
regulation under TSCA and the AEA.
    EPA disagrees with those cementers indicating that there is no 
disposal technology approved under TSCA for PCB/radioactive waste. 
Incineration technology is available; however, there is no commercial 
disposal capacity and only limited disposal capacity for incineration 
of PCB/radioactive waste (e.g., the DOE incinerator at Oak Ridge, TN). 
Therefore, facilities storing PCB/radioactive waste often cannot comply 
with the 1-year time limit for storage and disposal because 
insufficient disposal capacity exists. Until additional disposal 
capacity becomes available, PCB/radioactive wastes will require 
storage, generally exceeding the 1-year time limit for storage and 
disposal for PCBs. Even as capacity increases, there will still be 
requests for extensions of the 1-year time limit for storage and 
disposal because of the sheer volume of materials in storage. 
Therefore, EPA is not proposing to place a specific time limit on the 
extension to the 1-year time limit for storage and disposal. Recipients 
of an extension to the 1-year time limit for storage and disposal would 
have to request, if needed, and receive from the Regional Administrator 
or Director, CMD periodic renewals to their original extension. It is 
possible that the same reasons that apply to an original extension 
request may apply to any subsequent requests because no progress in 
developing a disposal technology has occurred.
    One commenter stated that annual status reports for PCB/radioactive 
wastes in storage for disposal should be required and updated annually 
on July 15 to coincide with the submission of the PCB Annual Report for 
each facility. Status reports or reviews of existing extensions may be 
conditions established by the Regional Administrator or Director, CMD 
providing the extension.
    Several commenters suggested that EPA amend Sec. 761.65 to 
accommodate concerns relating to management and storage and the 
uniqueness of PCB/radioactive wastes. There are certain elements 
relating to storage of radioactive wastes containing plutonium or 
enriched uranium that require consideration of criticality safety 
(i.e., the prevention of nuclear reactions that would pose a threat to 
health and the environment). All actions relating to criticality or 
radiation protection issues must be coordinated through, and approved 
by, the local office of the regulatory authority for radioactive 
material regulation; for licensed nuclear facilities, this would be the 
appropriate NRC Regional Office or State radiation protection authority 
office. The issue of criticality relates to proper storage of 
fissionable materials so that a continuous self-sustaining chain 
reaction does not occur. [DOE Order 5480.5 states that ``nuclear 
criticality is a self sustaining chain reaction, i.e., the state in 
which the effective neutron multiplication constant of a system of 
fissionable material equals or exceeds unity.''] Proper storage of 
fissionable material is essential to avoid a criticality event. A self-
sustaining chain reaction (i.e., criticality) will not result in an 
atomic explosion. However, it can result in the generation of harmful 
radiation that can cause death or serious injury (Ref. 54).
    The issue of criticality relates to the types of containers used to 
store the fissionable materials or suspect fissionable materials and 
the storage area. EPA is proposing to amend Sec. 761.65(c)(6) by 
allowing an alternative to the container requirements approved by the 
Department of Transportation (DOT) for PCB/fissionable radioactive 
wastes. Containers used to store liquid PCB/fissionable radioactive 
wastes would have to be nonleaking. Containers used to store both 
liquid and non-liquid PCB/fissionable radioactive wastes would need to 
be designed to meet nuclear criticality safety requirements such as 
those specified in the American National Standard for Nuclear 
Criticality Safety in Operations with Fissile Materials Outside 
Reactors (ANSI Standard No. 8.1). The standard currently includes 
polyethylene and stainless steel as acceptable container materials 
providing they are chemically compatible with the wastes being stored. 
Some containers designed to prevent the buildup of liquids could be 
used to store non-liquid fissionable PCB/radioactive wastes, provided 
they are stored in an area which would contain any spilled liquids. If 
any such containers were found to be leaking, their contents would have 
to be transferred immediately to non-leaking containers, and the leaked 
or spilled materials cleaned-up taking into account relevant safety 
procedures appropriate for radioactive materials.
    EPA is also proposing to amend Sec. 761.65(b)(1)(ii) to allow 
storage areas for PCB/fissionable radioactive wastes to meet 
performance criteria for containment volume rather than specific 
requirements for curb height. This amendment would retain the current 
requirements that facilities storing PCB/fissionable radioactive wastes 
store those materials in a storage area meeting the containment volume 
requirements equal to at least two times the internal volume of the 
largest PCB container stored therein or 25 percent of the total 
internal volume of all PCB containers stored therein or whichever is 
greater, but would not impose curb height requirements for these 
wastes.
    Several commenters stated that PCB/radioactive wastes may also 
contain additional materials such as asbestos that cannot be 
incinerated. EPA believes that technology exists which allows PCBs to 
be separated from other materials (e.g., radioactive waste or 
asbestos). EPA recommends that whenever possible PCBs be separated from 
other wastes; however, today's proposal does not contain requirements 
for separating PCBs because guidance for separating PCBs, from water 
for example, already exists. EPA had developed a policy allowing the 
physical separation of PCBs from other wastes, so long as all waste 
parts separated from the original PCBs are regulated (TSCA Compliance 
Program Policy 6-PCB-2).
    One commenter indicated that EPA does not have the jurisdiction to 
regulate radioactive PCBs under TSCA. EPA agrees in part and disagrees 
in part. TSCA section 3(2)(B)(iv) states that the term ``chemical 
substance'' does not include ``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).'' 
Generators of PCB/radioactive waste are subject to regulatory oversight 
for radioactive materials under the Atomic Energy Act of 1954 as 
amended (DOE or NRC). EPA, on the other hand, has regulatory oversight 
for PCBs under TSCA. Thus, generators of PCB/radioactive waste must 
comply with both EPA and NRC regulations, State requirements, or DOE 
Orders. Mixtures of radioactive PCB molecules and non-radioactive PCB 
molecules that cannot be separated are subject to TSCA and the AEA 
because, for regulatory purposes, when separation of the PCB molecules 
is not achieved, the statutory exemption does not extend to 
nonradioactive PCBs in a mixture. It should be noted that regulation of 
PCB/radioactive mixtures under TSCA and the AEA applies to both wastes 
and non-wastes. The NRC and DOE participated in the development of this 
section in order to ensure compatibility between TSCA and AEA.

D. Issues Not Addressed When the Rules Were Originally Promulgated

    In the ANPRM, EPA solicited comments on whether to establish a 
household waste exemption under TSCA, and information regarding current 
PCB uses that are not authorized in the regulations. Items 1 and 2 
below discuss the household waste exemption and unauthorized use 
issues. In responding to these issues, several commenters raised 
questions regarding the disposal requirements for certain items 
containing PCBs; these issues are addressed under Item 3.
    1. Household waste exemption. EPA solicited comments in the ANPRM 
on whether a household waste exemption, similar to the household waste 
exclusion under RCRA at 40 CFR 261.4, should be established under the 
TSCA PCB disposal regulations. The RCRA household waste exclusion 
exempts from the hazardous waste requirements any material that was 
derived from households (including single and multiple residences, 
hotels and motels, bunk houses, ranger stations, crew quarters, 
campgrounds, picnic grounds, and day use recreation areas). Examples of 
household waste under the RCRA exclusion include garbage, trash, and 
sanitary wastes in septic tanks. Under the RCRA criteria, household 
waste is limited to: (1) Waste generated by individuals on the premises 
of a household, and (2) waste composed primarily of materials found in 
the wastes generated by consumers in their homes (49 FR 44978, November 
13, 1984). Additionally, EPA sought comments on the types of PCB wastes 
for which such an exemption would be applicable. In today's notice, EPA 
is proposing a household waste exemption for any waste containing PCBs 
generated by individuals on the premises of private households 
(including single or individually owned or rented units of a multi-unit 
construction) primarily found in wastes generated by consumers in their 
homes, i.e., domestic wastes (see proposed regulatory text at 
Secs. 761.3 and 761.63). This change in the PCB regulations would 
authorize private homeowners, including individually owned or rented 
units of a multi-unit construction, to dispose of their unwanted 
household items that contain hazardous and toxic wastes under a 
municipal solid waste collection program without fear of recrimination 
even though the homeowner may have knowledge of the existence of PCBs 
in the household appliance.
    EPA received roughly a dozen comments, and all but two supported 
the establishment of a household waste exemption. Some commenters 
provided additional caveats on how such an exemption should be 
structured. Comments in favor of the household waste exemption 
essentially fell into four categories: (1) Broadly define the scope of 
the exemption, (2) consider the impact of the exemption on recycling 
activities, (3) limit the scope of the exemption, and (4) address other 
disposal considerations (i.e., the disposal of materials containing 
PCBs used in the construction of residential buildings). Commenters not 
in favor of the TSCA proposal for an exemption questioned whether there 
should be a household waste exemption under either TSCA or RCRA, and 
whether the volume of waste containing PCBs which was generated from 
households was significant enough to warrant an exemption. EPA's 
responses to the four broad categories of comments are provided below.
    a. Broadly define exemption. Those in favor of establishing a 
household waste exemption suggested broadly defining the activities 
that would qualify for the exemption. One commenter suggested EPA use 
the definition for ``Municipal solid wastes'' found at Sec. 761.3 to 
define the scope of the household waste exemption. Municipal solid 
wastes are defined as ``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.'' However, if such a 
change was made, the exemption would include items EPA believes should 
not be excluded from regulation (e.g., PCB wastes from offices and 
commercial activities). Another commenter stated that commercial 
buildings should also be included in a household waste exemption 
because the wastes generated at these buildings may be from the same 
sources and types of equipment found in the household.
    The effect of banning the manufacture, processing, and distribution 
in commerce of PCBs, coupled with actions taken to limit the use of 
PCBs, focuses the Agency's concern on activities where the continued 
use of PCBs has been authorized (i.e., industrial or commercial-scale 
settings such as utilities, manufacturing sites, construction/
renovation/demolition projects, etc.) rather than on household settings 
where appliances with PCBs may not generally be found (Ref. 32). 
Additionally, industrial and commercial-scale PCB disposal activities, 
because of the risks associated with the greater volume of PCB wastes 
generated by these activities, require a level of protection for health 
and the environment that can best be achieved through demonstrated and 
effective PCB destruction and containment technologies. Therefore, EPA 
is not persuaded that a broadly defined household waste exemption, 
encompassing large volumes of commercial-scale PCB wastes, would be 
protective of health and the environment.
    b. Impact on recycling activities. One commenter stated that the 
exemption should include waste generated by households but diverted or 
removed from the wastestream for purposes of recycling. Another 
commenter stated EPA should control the recycling and storage of 
household waste (e.g., increase the storage timeframe from 1 to 2 
years). The final set of comments associated with this category 
suggested EPA take steps to encourage municipal collection programs for 
PCBs.
    The recycling of household waste contaminated with PCBs surfaced as 
a national issue during 1985-86 when the problem of PCB contamination 
in shredder fluff (i.e., the non-metallic residue from the shredding 
process) was first identified. Since that period, EPA has conducted a 
pilot study of the shredding industry to ascertain, among other things, 
the source of the PCB contamination (Ref. 34). When the fluff 
contamination problem first surfaced, PCB Small Capacitors in household 
appliances were thought to be the source of the contamination. 
Therefore, data search/collection activities were initiated to 
determine the types of appliances that would most likely contain PCB 
Small Capacitors. The results of these efforts indicated that PCB Small 
Capacitors were not used in most household appliances. However, EPA 
determined that there was a significant likelihood that PCB Small 
Capacitors could be found in room and central air conditioners, heat 
pumps, furnace blowers, fluorescent lighting ballasts, and microwave 
ovens (Refs. 32 and 33). As a result, many States have implemented PCB 
Small Capacitor removal programs to ensure that PCBs are not 
intentionally processed during shredding operations.
    In proposing a TSCA household waste exemption, EPA recognizes that 
some objects that contain a PCB component may inadvertently be 
shredded, resulting in fluff containing PCBs. EPA is proposing at 
Sec. 761.62(b) that this residue when tested and found to be 
contaminated at levels of 50 ppm PCB or greater, but measuring less 
than 50 micrograms per liter (ppb) when using RCRA's Toxicity 
Characteristic Leaching Procedure (see 40 CFR part 261 Appendix II) may 
be disposed of in a facility that is permitted, licensed, or registered 
by a State as a municipal or industrial waste landfill. However, 
shredder residue when tested and found to contain 50 ppm or greater 
PCBs must be managed pursuant to the current disposal requirements at 
Sec. 761.60. (Additional disposal options for this type of waste are 
proposed at Sec. 761.62 and discussed at Unit II.A.5. of this 
preamble.) Under the current regulations, the processing and 
distribution in commerce of PCBs is prohibited unless otherwise 
authorized by rulemaking or under a PCB exemption. The proposed 
household waste exemption authorizes these activities for household 
wastes containing PCBs. The processing of non-exempt, non-household 
items such as commercial or industrial grade appliances containing 
PCBs, fixtures from renovation or demolition projects, and industrial 
or heavy duty equipment containing PCBs would continue to be a 
violation of the PCB regulations. EPA is not encouraging the processing 
and subsequent dilution of PCBs by recycling facilities.
    In a May 31, 1979, Federal Register notice, EPA explained that the 
random disposal of PCB Equipment in municipal solid waste sites by 
householders and other infrequent disposers did not present an 
environmental hazard (44 FR 31528). On the other hand, EPA determined 
that the disposal of large quantities of PCB Small Capacitors posed a 
somewhat larger risk, and commercial and industrial activities were 
encouraged to establish a voluntary collection and disposal program. 
EPA would therefore include in the household waste exemption 
wastestreams created by recycling operations that accepted only wastes 
composed of household items from private residences (see the discussion 
under Unit II.D.1.c., ``Limit Scope of the Exemption'' of this 
preamble). Therefore, the owner or operator of a recycling facility 
should establish contractual requirements or other appropriate 
notification or inspection procedures to ensure that PCB wastes not 
covered under the exemption (e.g., commercial or industrial appliances 
containing PCBs or fixtures from demolition or renovation projects, 
industrial, or heavy-duty equipment containing PCBs) were not processed 
at the facility. In any event, the owner or operator of such a facility 
would be subject to an enforcement action should such waste be 
processed.
    Municipal collection programs accepting only those wastes that 
satisfy the proposed exemption criteria could operate under the TSCA 
household waste exemption; the TSCA chemical waste landfill and 
incineration requirements would not apply to the disposal of these 
wastes (see the discussion under Unit II.D.1.c., ``Limit Scope of the 
Exemption'' of this preamble). Because disposal of the wastes collected 
under a municipal solid waste program that satisfy the criteria 
proposed for the exemption would not be regulated by this rule, the 
wastes could be disposed of in a facility which is permitted, licensed, 
or registered by a State to manage municipal or industrial waste. As a 
result, the commercial storage approval requirement and compliance with 
the TSCA PCB 1-year time limit for storage and disposal limitation 
would not apply. Therefore, EPA does not see a need to extend the 
storage timeframe from 1 to 2 years as suggested by one commenter.
    c. Limit scope of the exemption. A few commenters stressed the need 
to restrict the applicability of a household waste exemption to purely 
residential settings in order to exclude business activities that take 
place in a residence. Another commenter believed the exemption should 
be identical to the RCRA household waste exclusion. EPA has interpreted 
the RCRA Subtitle C rules at 40 CFR 261.4 as limiting the exclusion to 
those household wastes that meet two criteria: (1) The waste must be 
generated by individuals on the premises of either a temporary or 
permanent household, and (2) the waste must be composed primarily of 
materials found in wastes generated by consumers in their homes. The 
RCRA exclusion at 40 CFR 261.4(b) includes ``household waste from 
single and multiple dwellings, hotels and motels, and other residential 
sources.'' The RCRA hazardous waste program, in establishing a 
household waste exclusion, acted upon a Congressional intent to ensure 
that wastes generated by consumers in their households would be exempt 
from the Subtitle C regulation. As a result, the RCRA exclusion 
included materials from single and multiple residences, hotels, motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
grounds, and day use recreation areas -- locations at which consumer 
activity is of a type that would be conducted in a residential setting 
and result in the generation of hazardous wastes.
    As commenters have suggested, EPA is proposing an exemption under 
TSCA for the disposal of household wastes containing PCBs that is 
similar, but not identical, to the RCRA exclusion. Like the RCRA 
exclusion, the TSCA exemption would not include non-residential PCB 
wastes such as commercial or industrial grade appliances containing 
PCBs, fixtures from demolition or renovation projects, and industrial 
or heavy duty PCB Equipment. Under TSCA, Congress sought to eliminate 
the use of PCBs, unless specifically authorized, by banning their 
continued manufacture, processing, and distribution in commerce. 
However, Congress intended that the use of equipment which contained 
PCBs in a totally enclosed manner not be terminated prior to the end of 
the equipment's useful life. As stated earlier, research conducted by 
EPA suggests that some refrigerators and household freezers, room and 
central air conditioners, heat pumps, furnace blowers, fluorescent 
lighting ballasts, and microwave ovens may contain PCB Small 
Capacitors. The risks associated with the disposal of those items 
containing PCB Small Capacitors in a random, geographically dispersed 
manner by individual homeowners were considered by EPA in mid-1977 when 
it proposed the PCB Small Capacitor exemption. EPA has re-evaluated 
this issue twice subsequent to that time and has determined that the 
exemption should remain in place (see the discussion at Unit II.D.3.c. 
of this preamble).
    The distinction that EPA makes between the TSCA household waste 
exemption, which focuses on consumer products used by individuals in 
private residences, and the RCRA household waste exclusion, which 
focuses on consumer activity conducted by private individuals in 
temporary or permanent residences, is based on the continued belief 
that the unregulated disposal of large quantities of PCB Items such as 
light ballasts and PCB Small Capacitors by commercial and industrial 
activities presents an environmental risk (see 42 FR 26568, May 24, 
1977; 43 FR 7152, February 17, 1978; 44 FR 31528, May 31, 1979 and the 
discussion on the disposal of small capacitors at Unit II.D.3.c. of 
this preamble).
    Under RCRA, the risks associated with consumer activities that 
result in the generation of hazardous waste do not change when the 
activities are conducted in a single or multiple residence, hotel, 
motel, bunkhouse, ranger station, crew quarters, campgrounds, picnic 
grounds, or day use recreation areas. These are all locations at which 
the consumer activity is of a type that would be conducted in a 
residential setting.
    For the PCB household waste exemption under TSCA, EPA believes that 
the unregulated disposal by individual households of consumer products 
which contain PCBs should be exempted from the TSCA disposal 
requirements because there are relatively few household products that 
would contain PCBs. The proposed exemption would not apply to 
individuals who reside in transient settings because they would likely 
not dispose of household appliances that would contain PCBs (e.g., 
certain refrigerators and household freezers, room and central air 
conditioners, heat pumps, furnace blowers, fluorescent lighting 
ballasts, and microwave ovens). Rather, equipment containing PCBs 
obtained for use in transient settings would likely be of a commercial 
grade and disposed of in quantity. Therefore, the removal and disposal 
of equipment containing PCB Small Capacitors by commercial activities 
and entrepreneurial interests such as hotel and motel chains and owners 
of multiple unit residential buildings engaged in repair, renovation, 
and/or demolition projects, would not be covered by this exemption.
    EPA considered excluding from the TSCA household waste exemption 
PCB wastes found in a home-based business, but has determined that PCB 
Items found in a private residence would likely be evident in these 
smaller business enterprises as well. That is, industrial-scale 
manufacturing activities would not normally be conducted in a 
residential setting. If, however, such was the case, only those PCB 
Items commonly found in a private household would be covered by this 
exemption.
    Although EPA proposes to establish an exemption under TSCA for the 
disposal of household waste, the public is reminded of the CERCLA 
reporting requirement for PCBs at 40 CFR 302.6 that essentially 
requires individuals to contact the National Response Center when they 
are disposing of 1 pound or more of PCBs in any 24-hour period in a 
non-federally permitted facility. The TSCA household waste exemption 
does not relieve an individual (i.e., the person disposing of the waste 
and/or the owner of the disposal facility) of the liability for 
remediating PCB contamination if the non-federally permitted disposal 
facility becomes a future Superfund site. Therefore, EPA is seeking 
comments on whether additional limitations should be imposed when 
defining entities that would qualify for this exemption.
    d. Other disposal considerations. One commenter, although not 
objecting to the exemption, suggested EPA should focus on the previous 
residential applications of PCBs, such as a wall painted with PCB-
containing paint, and the item's sale, destruction, and disposal. The 
proposed TSCA household waste exemption would not apply to debris 
produced during building construction, renovation, or demolition and 
similar type wastes, since such wastes do not consist primarily of 
materials found in wastes generated by a consumer in his/her home. 
Disposal options for this large-volume waste are discussed under Unit 
II.A. of this preamble.
    2. Unauthorized use. EPA also sought comments in the ANPRM on 
widespread PCB applications that had not been addressed when the 
original regulations were developed. EPA was particularly interested in 
obtaining information on current, but unauthorized uses of PCBs. Nearly 
a dozen sets of comments were submitted from four primary sources: 
Natural gas pipeline companies, the Armed Forces, civilian governmental 
agencies, and companies from the industrial sector. Items currently in 
use and identified by the commenters as containing PCBs included wool 
felt insulating materials which have high levels of PCBs and deck 
plates that are found on naval vessels; plastics, paints, small rubber 
parts, adhesive tape, and insulating materials used in electrical 
cabling, for example; PCB-impregnated gaskets in heating, ventilation 
and air conditioning, and other duct systems; concrete expansion joint 
materials, and large-diameter natural gas pipeline. Several distinct 
``unauthorized use'' scenarios emerged based on a review of the 
comments and discussions with EPA Regional representatives. These 
scenarios and the proposed regulatory provisions addressing these uses 
are discussed below.
    a. PCB impregnated materials used in duct systems. During the late 
1940s through 1950s, the adhesive coating used on ventilation gaskets 
for use in the Department of War (a predecessor of the Department of 
Energy (DOE)) heating, ventilation, and air conditioning (HVAC) systems 
was impregnated with PCBs to comply with the Department of War's 
specifications. This application was not in violation of the ban on the 
manufacture, use, processing, or distribution in commerce of PCBs 
because it occurred prior to the enactment of TSCA and promulgation of 
the implementing regulations. However, in late 1989, DOE notified EPA 
that over time, operation of their plants had caused small amounts of 
the lubricating oil (from motor and compressor bearings) to leach 
through the gasket material and to be drawn into the ventilation 
system, resulting in releases of material containing PCBs.
    b. PCB impregnated insulation materials. The Department of the Navy 
discovered that wool felt containing PCBs had been installed in older 
submarines for sound-dampening purposes. Information provided to EPA by 
the Department of the Navy indicates no PCBs are emitted from the 
material and that the material is generally located in inaccessible or 
rarely accessed areas, fixed between metal plates. The Navy's current 
policy is to remove the material only when necessary (i.e., during 
maintenance).
    c. Agency experience. Experience gained in implementing the PCB 
requirements has resulted in the identification of other uses of PCBs 
that are not authorized by the regulations. Issues have arisen over 
time concerning the use of PCBs in paint formulations, coatings for 
ceiling tiles, roofing, and siding materials, adhesives, waterproofing 
compounds, and any number of other chemical uses such as additives and 
plasticizers. The recent discovery of asbestos roofing and siding 
materials and insulating (potting) material in fluorescent light 
ballasts that contain PCBs are illustrations of the Agency's expanding 
knowledge of the applications for PCBs.
    In November 1992, EPA was informed of the discovery of PCBs in 
asbestos roofing and siding materials that had been manufactured by H. 
H. Robertson (circa 1917) and marketed as Robertson Protected Metal 
(RPM) and Galbestos. RPM and Galbestos are multilayered steel siding 
materials that consist of steel, asphalt, or zinc (depending on the 
product line); asphalt-impregnated asbestos felt; and an asphaltic 
waterproof coating. Although there is limited evidence available that 
PCBs were ever introduced in the manufacturing process, preliminary 
sampling and analysis have indicated PCB concentrations in this 
material ranging from <2 ppm to 30,000 ppm. These products were 
purchased and used internationally by the U.S. Department of Defense 
(Department of War, U.S. Navy, U.S. Army, U.S. Air Force, U.S. Marine 
Corps), U.S. Coast Guard, Tennessee Valley Authority, and various 
industries such as airlines, railroads, chemical plants, steel mills, 
mines, and industrial/manufacturing facilities. Manufacturing 
facilities for RPM and Galbestos products were located in Beaver Falls, 
PA, and subsequently relocated to Ambridge, PA, as well as in Canada 
and England. Preliminary data suggests that the continued use of this 
material, if in good condition, and subsequent disposal in a municipal 
solid waste landfill, would not present an unreasonable risk of injury 
to health or the environment (see ``Toxic Characteristic Leaching 
Procedure (TCLP) for Galbestos Siding Material'' MRI Report, Project 
No. 9802-30-01, August 16, 1993 [Ref. 45]).
    Also, in August/September 1993 EPA received data from several 
sources indicating that PCBs were found in the insulating (potting) 
materials of fluorescent light ballasts generally manufactured prior to 
1978. PCBs at concentrations of 50 ppm or greater were found in the 
insulating materials of approximately 70 percent of the ballasts 
analyzed. While this data represents only a small portion of ballasts 
manufactured prior to 1978 still in use today, the continued use of 
such ballasts would need to be authorized.
    EPA is proposing at 40 CFR 761.30(q) to authorize the use and 
distribution in commerce of non-liquid materials which contain PCBs at 
any concentration (including, but not limited to, gaskets, insulation, 
plastics, plasticizers, fluorescent light ballast potting materials, 
electrical cable, dried paints, small rubber parts, adhesive tape, 
caulking, roofing and siding materials, waterproofing compounds, and 
ceiling tile coatings) in use prior to July 2, 1979, for the remainder 
of their useful life where monitoring indicates that the migration of 
PCBs from the material does not pose an unreasonable risk of injury. 
Under the proposed authorization, the PCB-containing materials must 
remain intact and in place in their existing application and location 
unless they are being removed for disposal. The authorization of 
continued use and distribution in commerce of these PCB materials do 
not include an authorization to remove the material from its existing 
location and subsequently reassemble or install the PCB material at a 
different location but would allow for continued use in a mobile 
application such as a vehicle or vessel. Such PCB materials currently 
in use that exhibit significant PCB migration, as discussed in proposed 
Sec. 761.30(q)(1)(iii), (iv) or (v), would not be in compliance with 
this authorization and would be required to be removed, contained by 
means of encapsulation (either with an epoxy-based or equivalent paint 
or sealant), or equipped with release controls in which a continual 
release is collected in a closed container and displaces only the air 
in the container (i.e., a leak collection system) to ensure personnel 
are protected from dermal and inhalation exposures.
    Additionally, the owner or operator of a facility with such a use 
of PCB material would be required to notify the Regional Administrator 
of the discovery of such material and submit documentary evidence that 
established the historical use of such material. Notification to the 
Regional Administrator would be required within 30 days of the 
effective date of the final rule or within 30 days of discovery 
thereafter. It would be required to include the location of the 
material, a description of its use, an estimate of the amount of 
material in use (e.g., number, square footage, pounds), the PCB 
concentration, expected useful life of the material, the condition of 
the material (e.g., potential for exposure), and any additional 
information that might be useful to the Regional Administrator. 
Secondly, the owner or operator of the facility would be required to 
post a PCB Mark ML as described in Sec. 761.40 in a prominent location 
near material containing PCBs as a warning of the presence of PCBs. 
They would also be required to make available to any potentially 
exposed employee and, upon request, to any other potentially exposed 
individual, information concerning the identity of the PCBs and any 
health risk associated with the PCB application. Failure to provide 
documentary evidence that substantiated the historical use of such 
material might result in the rejection of such claims by the Regional 
Administrator. Consequently, the continued use of such materials might 
be a violation of the PCB regulations.
    Air monitoring readings and standard wipe test samples of exterior 
surfaces would have to be taken and recorded quarterly for the first 
year and annually thereafter until the material was removed. Records 
would be maintained in a central location at the facility for 3 years 
beyond the date of removal of the material for review by EPA officials. 
Air monitoring results of PCB levels above 0.001 milligram per cubic 
meter of air (mg/m3) for a 10-hour workday, 40-hour workweek (the 
National Institute of Occupational Safety and Health's (NIOSH's) 
occupational exposure limit for all PCBs) or wipe samples of accessible 
exterior surfaces greater than 10 micrograms per 100 square centimeters 
(10 g/100cm2) would require that action be initiated 
within 24 hours of the occurrence to modify the release controls, to 
re-encapsulate the surface, or to remove the PCB-impregnated materials. 
In addition, individuals would be required to notify the EPA Regional 
Toxics Office by facsimile machine or overnight delivery mail services 
within 24 hours of the occurrence of an environmental release that 
exceeded the action levels listed above. The notification would 
indicate the actions that would be taken to bring the facility into 
compliance. However, if the release occurred during a weekend or 
Federal holiday, notification could be made during the next business 
day. This notification would not be in lieu of any other Federal, 
State, or local notification requirements such as those under CERCLA 
for the release of a hazardous substance (see 40 CFR 302.6).
    At the end of their current useful life, all such PCB materials 
with a PCB concentration of 50 ppm or greater, and materials that came 
in contact with 50 ppm or greater PCBs, including leak collection 
systems, PCB-containing paint and other encapsulation materials, and 
all materials used during decontamination or cleanup procedures would 
have to be handled, stored, and disposed of in accordance with the PCB 
storage requirements at 40 CFR 761.65 and the disposal requirements at 
Sec. 761.60 or Sec. 761.62.
    While the continued use of unauthorized pre-TSCA PCB materials is a 
violation of the existing PCB regulations, in most cases, premature 
removal of the media containing PCBs could only be achieved with great 
difficulty and at enormous expense given the extraordinary efforts that 
would be required to remove the PCBs. The conditions proposed by EPA 
for the continued use of these items (i.e., removal upon evidence of 
deterioration, installation of release controls, or encapsulation) 
would ensure no unreasonable risk from exposure to PCBs as a result of 
the continued use of these materials. Comments are therefore solicited 
on whether consideration should be given to developing authorizations 
for the conditional, continued use of these materials and whether 
additional restrictions should be imposed and if there are other 
situations which are similar to the pre-1978 authorization issues which 
should be addressed in this rulemaking. Comments are also solicited on 
whether the proposed authorization should allow for the movement and 
reassembly of the PCB-Containing material when such movement and 
reassembly will not adversely impact the integrity of the material 
(e.g., will not result in a risk of injury to health or the environment 
caused by the exposure to PCBs). Comments supporting a modification of 
the proposed authorization should also provide examples of the specific 
material and reuse scenarios that should be addressed.
    EPA has no information indicating that PCBs were routinely used in 
the formulation of consumer products such as household paints, 
sealants, finishes or caulking. It believes however, that consumers 
could now occasionally obtain products such as industrial enamels or 
marine paints which were formulated with PCBs, through the purchase of 
these items as surplus. The sale of these unauthorized items containing 
PCBs is currently prohibited under TSCA. Identification and removal of 
these materials, once installed in households, could pose considerable 
costs to homeowners while increasing risk of exposure through removal. 
Because the PCBs are bound into these materials, EPA believes they 
would not pose a serious risk of exposure if left in place. Therefore, 
EPA is proposing a general use authorization at Sec. 761.30(q)(2) for 
the non-liquid PCBs that meet the definition of household wastes at the 
time of disposal. In unit II.A. of this preamble EPA discussed a 
proposed exemption for the disposal of household wastes containing 
PCBs. Today, EPA is also proposing a general authorization for 
continued use at Sec. 761.30(g)(3) for non-liquid items that do not 
leach PCBs at levels 50 g/l as measured by the 
TCLP.
    d. Reuse of natural gas pipeline. EPA received comments on both the 
reuse of and the disposal requirements for natural gas pipeline. A 
discussion concerning the disposal of natural gas pipeline appears at 
Unit II.D.3.e of this preamble. Regarding the reuse of pipeline, 
commenters contend that the inadvertent contamination of natural gas 
pipeline at or above regulated levels for PCBs all but eliminates any 
opportunity for the natural gas industry to reuse the pipe and other 
natural gas pipeline appurtenances. Requirements to dispose of or 
decontaminate the equipment often deprive these companies of the 
economic benefits associated with recycling, reusing, or selling the 
equipment. EPA, under a Memorandum of Understanding (MOU) with the 
Federal Energy Regulatory Commission (FERC), has been reviewing 
pipeline abandonment plans and issuing alternate disposal permits for 
the decontamination of pipeline since late 1987. Based on this 
experience, EPA does not view risks of injury to health and the 
environment from exposure to PCBs due to the continued use of PCB-
Contaminated pipeline as being unreasonable.
    PCBs when found in natural gas pipeline are generally located in 
the condensate that is collected from drips and geographical low points 
along the pipeline or in the moisture on the interior of the pipe. 
Since these collection points are often dry, EPA is proposing, as an 
alternative for characterization purposes, surface levels of greater 
than 10 micrograms PCB per 100 square centimeters for dry pipe as the 
regulatory equivalent of 50 ppm, and 100 micrograms PCB per 100 square 
centimeters in dry pipe as the regulatory equivalent of 500 ppm with 
regard to the TSCA PCB regulatory requirements at part 761 
(characterization of natural gas pipeline is discussed at Unit II.B.4. 
of this preamble). EPA is proposing to amend Sec. 761.30(i) to 
authorize the reuse of natural gas pipeline systems, provided the 
liquids have been removed. All removed liquids must be disposed of 
pursuant to the disposal requirements at Sec. 761.60(a)(3). EPA 
solicits comments on whether EPA should require marking of pipe that 
may be in temporary storage while testing is being conducted. Pipe in 
temporary storage is generally capped at each end and stacked in a 
restricted area along the perimeter of the pipeline system. EPA 
solicits comment on whether the Agency should require each pipe in a 
temporary storage area to be marked or whether only posting a sign in 
the storage area would be adequate.
    In today's notice at Sec. 761.30(i), the reuse of PCB-Contaminated 
natural gas pipeline and appurtenances would be allowed in natural gas 
pipeline systems. Natural gas pipeline and pipeline appurtenances that 
were to be reused would have to be drained of free-flowing liquids and 
decontaminated pursuant to procedures proposed in Sec. 761.30(i). Any 
natural gas pipeline may also meet the decontamination level as 
proposed in Sec. 761.79(d). Based on experience gained from issuing 
alternate disposal approvals to pipeline companies, EPA is also 
proposing several additional uses. Acceptable proposed reuse scenarios 
are for the transport of bulk hydrocarbons, chemicals, or petroleum 
products; as a coal slurry pipeline; as casing to provide secondary 
containment under transportation systems such as highways or railroads; 
as temporary flume at construction sites; as culverts (less than 80 
feet in length) in intermittent flow situations (i.e., as culvert for a 
driveway over a roadside ditch); as equipment skids; for sewage service 
with written consent of the Publicly Owned Treatment Works (POTW); for 
steam service; in totally enclosed compressed air systems; as 
irrigation systems where the pipe is less than 20 inches in diameter 
and 200 miles in length; or as industrial structural material such as 
fence posts, sign posts, gate posts, bridge supports, and overhead sign 
cross members. In addition to commenters' reactions as to whether 
natural gas pipeline should be authorized for reuse in these scenarios, 
EPA solicits comments on the other specific uses for which this pipe 
would be suitable. The reader should remember that the reuse provision 
is intended for contaminated equipment which is drained of all free 
flowing liquid (i.e., the surface is dry) and the surface contamination 
is demonstrated to be less than 100 micrograms PCBs per 100 square 
centimeters.
    EPA is also proposing a parallel authorization for the use of PCBs 
in other pipelines or air compressor systems, with the consent of the 
Regional Administrator. The Agency is aware of the use of PCBs as 
lubricants in other air compressor systems not associated with natural 
gas pipelines and believes that these uses pose no greater risk.
    3. Disposal issues. The disposal of non-liquid, bound materials, 
such as plastic insulating material containing PCBs found in electrical 
cabling and lead (Pb) cable insulated with PCB oil-soaked paper, were 
also identified by commenters to the ANPRM as issues that are not 
adequately addressed by the current regulations. Since the ANPRM, EPA 
has also received comments addressing the disposal requirements for the 
relatively small quantity of waste generated during the chemical 
analysis of PCBs.
    a. Disposal of PCB-bound material. One commenter requested that EPA 
designate these materials as unregulated for disposal. The PCB 
concentration encased in this solid plastic insulating material ranges 
from less than 50 ppm to 500 ppm PCBs. The commenter argues that non-
liquid, bound PCB materials are distinct from liquid PCBs and that the 
current exemption at Sec. 761.60(b)(2)(ii) that allows persons, except 
manufacturers, to dispose of PCB Small Capacitors in municipal 
landfills should be extended to cover manufactured items containing 
non-liquid, bound PCB materials. Alternatively, the commenter argues 
that the PCB bound plastic insulation should be treated as ``other PCB 
Articles'' having a PCB concentration between 50 and 500 ppm pursuant 
to the current Sec. 761.60(b)(5)(ii). The commenter suggests that these 
bound PCB materials should be viewed as having been drained of free 
flowing liquid and should be treated as unregulated for disposal under 
that section.
    However, EPA is proposing provisions at Sec. 761.62 to address the 
disposal of PCB non-remediation wastes using one of four options: 
Incineration, chemical waste landfill, municipal solid waste landfill, 
or a disposal method approved by the Regional Administrator. Under this 
provision, the Regional Administrator could approve an alternate 
disposal method based, among other things, on technical, environmental, 
or waste-specific characteristics or considerations indicating that the 
disposal method would not pose an unreasonable risk of injury to health 
or the environment. EPA believes that this provision would provide the 
flexibility being sought by the commenter, and that expansion of the 
current exemption would therefore be unnecessary.
    b. Disposal of cable insulation containing PCBs. Another commenter 
informed EPA of lead-sheathed cable containing PCBs in the oil-soaked 
paper that is used to wrap the copper conductors; the PCB levels 
typically range from 50 to 500 ppm with some levels reported as 
exceeding 100,000 ppm. Discarded lead cable is potentially stored for 
long periods of time, pending changes in the metals market, and then 
ultimately sent to scrap yards where the metal is removed and sold to 
recycling operations. The scrap yards then burn the PCB-soaked paper 
without regard to its PCB content. This may result in illegal disposal 
and site contamination by PCBs, dioxins, and dibenzofurans. Further, 
cables that are not contained in a conduit are often abandoned in 
place. The cable is ripped out to a convenient point, cut, and 
abandoned with no protection at all for the cut end. The PCB-containing 
oil will often leak, as free flowing oil, from the paper when the cable 
is cut or the covering damaged, thereby creating environmental concerns 
when cable runs are abandoned or old cable is improperly stored or 
disposed of.
    According to the information submitted by the commenter, lead cable 
is used in high voltage distribution of electric power, typically 5,000 
volts and above. This cable has been in use for quite some time (about 
100 years), and although lead cable can be found everywhere, including 
in overhead distribution lines, the product typically was used in 
underground, submerged, or submersible applications. In particular, 
lead cable was used to supply primary power to vaulted network 
distribution systems and subway transformers. Almost all utilities 
serving metropolitan areas and most large industrial facilities either 
currently own or have owned significant quantities of lead cable. Large 
commercial facilities that distribute primary power also have lead 
cable.
    On August 25, 1982 (47 FR 37352), EPA promulgated 40 CFR 761.30(m) 
to authorize the use of PCBs in, and the servicing of, cable containing 
any concentration of PCBs for the useful life of the cable provided the 
cable is serviced (including rebuilding) only with dielectric fluid 
containing less than 50 ppm PCBs. This provision was based in part on a 
study conducted by the Edison Electric Institute (EEI) and the 
Utilities Solid Waste Activities Group (USWAG) that described voltage 
regulators, switches, electromagnets, and cable as mineral oil-filled 
electrical equipment, not designed to contain PCB dielectric fluid. The 
rulemaking record indicates that this oil-filled cable generally 
contained less than 50 ppm PCBs (Previous Rulemaking Record Ref. 6, 
Support Document for the Electrical Equipment Use Rule, Response to 
Comments, August 1982). Although this oil-filled cable was authorized 
for use until it reached the end of its lifecycle, EPA required that 
the disposal requirements at 40 CFR 761.60 and the servicing 
requirements at Sec. 761.30(m)(2) be followed for any cable found to 
contain a PCB concentration of at least 50 ppm.
    Therefore, the issue being raised by the commenter suggests that 
other types of electrical cable containing PCBs may exist that were not 
anticipated when Sec. 761.30(m) was promulgated. As reflected at Unit 
II.D.2. of this preamble, proposed Sec. 761.30(q) would expressly allow 
the continued use of electrical cable, in a totally enclosed manner, 
until it reached the end of its useful life. However, the installation 
of materials containing PCBs as insulation and the processing and 
distribution in commerce, except for purposes of disposal, would 
continue to be unauthorized.
    Comments are solicited on whether EPA should include electrical 
cable under the proposed authorization to be inserted at Sec. 761.30(q) 
or expand its interpretation of the current authorization at 
Sec. 761.30(m) to include, in addition to oil-filled cable, all 
electrical cable containing PCBs such as electrical cable encased with 
PCB-impregnated insulation materials, and lead cable containing PCB 
oil-soaked paper.
    EPA also welcomes information on any other electrical cable 
containing PCBs, including its uses, PCB concentrations, and potential 
risks of exposure to workers, the general public, and the environment. 
For example, high-voltage cable used in underground coal mines may have 
been manufactured with PCBs in the conductor insulation. In 1954, the 
U.S. Bureau of Mines published fire-resistance standards for 
underground electrical equipment. In addition to requiring non-
flammable liquid [e.g., PCB dielectric fluid] in liquid-filled 
transformers, the Bureau also published a fire test procedure which was 
mandatory for ``trailing cables,'' or electric cables that are reeled 
out the back of mobile, high-voltage mining equipment such as 
continuous miners and shuttle cars (Ref. 56). The fire resistance test 
was considered prudent because trailing cables, which lie on the mine 
floor, are often damaged by equipment travel and can short out, causing 
an electrical fire. While the Bureau did not specify how such cable 
should be made, experience with naval vessels indicates that such cable 
could have been manufactured with PCBs to meet the test standards. Some 
of this cable may still be in use or may be abandoned with other 
electrical equipment in mine storage areas or in closed mines. An 
environmental hazard would exist if the cable is improperly disposed 
of. A hazard to workers would exist from inhalation of the fumes during 
an electrical short or from dermal contact when splicing cable. 
Therefore, EPA is seeking comment from any person who may know of past 
uses of PCBs in electrical cables.
    In response to concerns raised about handling lead cable, EPA 
cannot emphasize strongly enough that caution must be exercised when 
handling any electrical cable which contains PCBs. First, caution must 
be exercised when servicing the cable to prevent the inadvertent 
release of PCBs into the environment. In this instance, restrictions 
attendant to the disposal of lead complicate the PCB disposal process, 
as environmental releases must be controlled when separating the PCB 
and lead materials to ensure further contamination is avoided. Further, 
to ensure the PCBs are not reintroduced into commerce, the lead cable 
must be decontaminated to remove the residual PCBs prior to sending it 
to a recycling operation. The processing and distribution in commerce 
for the purpose of disposal of regulated PCB wastes and their 
destruction require an approval (i.e., permit) from EPA (see 
Sec. 761.20(c)(2) and Sec. 761.60(a)). Owners and operators of scrap 
yards who engage in activities to decontaminate the cable (i.e., to 
remove the PCBs) and/or destroy PCBs at concentrations of 50 ppm or 
greater through the practice of ``open burning'' may be subject to an 
enforcement action and are conducting these activities in violation of 
the TSCA permit requirements if they do not possess a PCB disposal 
approval. Finally, owners and operators of recycling operations who 
accept lead cable containing PCBs for processing are operating in 
violation of the TSCA ban on processing PCBs if they have not obtained 
an exemption for their activities (see Sec. 761.20(c)).
    The disposal activities identified by the commenter are currently 
regulated under the TSCA PCB regulations at 40 CFR part 761 to include 
abandonment in place, storage, disposal, permitting, and manifesting 
requirements for PCB wastes at concentrations of 50 ppm or greater. 
Therefore, from a regulatory perspective, no further rules are required 
to address the disposal of this cable. However, an outreach program 
designed to reach scrap and salvaging operations may be the most 
appropriate mechanism to ensure the owners and operators of these 
facilities are educated about their responsibilities regarding the TSCA 
PCB disposal approval requirements and potential liabilities under 
CERCLA for environmental releases of PCBs. EPA solicits the cooperation 
of the Institute of Scrap Recycling Industries, Inc. (ISRI) and any 
other individuals, organizations, or associations in developing a 
comprehensive mailing list of facilities to whom such an outreach 
program could be directed.
    c. Disposal of small capacitors. Another commenter suggested that 
EPA define the disposal requirements for PCB Small Capacitors and then 
cross reference these disposal requirements to the CERCLA requirements 
for reporting releases of hazardous substances. The TSCA disposal 
requirements for PCB Capacitors are provided at Sec. 761.60(b)(2); 
CERCLA reporting requirements for hazardous substance releases are 
listed at 40 CFR 302.6. The regulations in 40 CFR 302.6(a) state: ``Any 
person in charge of a vessel or an offshore or an onshore facility 
shall, as soon as he has knowledge of any release (other than a 
federally permitted release or application of a pesticide) of a 
hazardous substance from such vessel or facility in a quantity equal to 
or exceeding the reportable quantity determined by this part in any 24-
hour period, immediately notify the National Response Center ((800) 
424-8802; in Washington, DC (202) 426-2675).''
    Since PCBs are a hazardous substance with a reportable quantity 
(RQ) of 1 pound under CERCLA, the question becomes which scenarios 
constitute a ``release'' under CERCLA. In the case of fluorescent light 
ballasts containing PCB Small Capacitors, open or closed drums of light 
ballasts collectively containing 1 pound or more of PCBs, that are 
abandoned or otherwise disposed of, such as through placement in a 
municipal solid waste landfill, would generally be regarded as a 
reportable release under CERCLA. One point should be made clear; unlike 
TSCA or RCRA, CERCLA imposes no disposal requirements itself on the 
initial disposal (i.e., release) of hazardous substances such as PCBs, 
even if the release is in excess of the RQ for that substance. For 
specifics regarding the reporting requirements for the release of 
hazardous substances under CERCLA, readers are advised to contact EPA's 
Superfund/RCRA Hotline, which is the information service for the Office 
of Solid Waste and Emergency Response in Washington, D.C. (Toll-free 
(800) 424-9346, local for the Washington, D.C. area (703) 920-9810).
    In promulgating the disposal and marking rule published on February 
1978 (43 FR 7150), EPA decided not to impose special disposal 
requirements for small capacitors (except those owned by capacitor 
manufacturers or PCB Article manufacturers in which the small capacitor 
was placed as a result of manufacturing activities) due to problems 
associated with regulating this class of PCB wastes (e.g., enforcement 
difficulties, the expense associated with their collection/disposal, 
and issues surrounding the question of who should incur these costs). 
In reassessing whether steps should be taken to further limit the small 
capacitor exemption, EPA determined not to impose additional regulatory 
controls (44 FR 31528, May 31, 1979). However, because the disposal of 
large quantities of PCB Small Capacitors by commercial and industrial 
activities posed a somewhat larger risk to the environment than 
disposal by householders and other infrequent disposers, EPA encouraged 
commercial and industrial firms to establish a voluntary PCB Small 
Capacitor collection and disposal program that would result in the 
disposal of these capacitors in either a chemical waste landfill or an 
incinerator. EPA still recommends disposing of fluorescent light 
ballasts containing intact and non-leaking PCB Small Capacitors in an 
approved hazardous waste incinerator or an approved chemical waste 
landfill. Persons who can dispose of such fluorescent light ballasts 
under the household waste exemption should consider utilizing local 
hazardous waste collection efforts sponsored by city/county health 
departments, local fire departments or other local government entities 
for disposal of these items.
    Under the current regulations, PCB Small Capacitors found in light 
ballasts generally are not required to be disposed of in a TSCA 
approved disposal facility (see Sec. 761.60(b)(2)(ii)). Readers are, 
however, advised that State and local governments may impose more 
stringent disposal requirements on items containing PCB Small 
Capacitors such as fluorescent light ballasts and are advised to 
determine all other disposal requirements prior to undertaking 
disposal. EPA's Office of Air and Radiation has developed guidance 
addressing these activities in conjunction with its ``Green Lights 
Program'' (Ref. 53). Once a PCB Small Capacitor starts leaking, it is 
regulated for disposal under Sec. 761.60(d) as a PCB Article and must 
be disposed of according to the disposal rules for PCB Articles at 
Sec. 761.60(b)(5) (Ref. 57). Also, Sec. 761.60(b)(2)(iv) identifies 
another exception: ``Any PCB Small Capacitor owned by any person who 
manufactures or at any time manufactured PCB Capacitors or PCB 
Equipment and acquired the PCB Capacitors in the course of such 
manufacture shall be disposed of in ... an incinerator which complies 
with Sec. 761.70 or until March 1, 1981, ... in a chemical waste 
landfill which complies with Sec. 761.75.'' In practice, this means 
that, except for manufacturers of capacitors or manufacturers of 
equipment containing small capacitors, any quantity of intact, non-
leaking small capacitors may be disposed of in a municipal landfill. As 
mentioned earlier in this section, EPA reevaluated the scope of the 
small capacitor exemption and determined not to impose additional 
regulatory controls. In the Federal Register notice of May 31, 1979 (44 
FR 31528), EPA also warned readers that any PCB spillage that might 
result from failure of, or from damage to small capacitors, could be 
considered illegal disposal, as is the case for other spills of PCBs. 
If the insulating material inside the ballast, sometimes referred to as 
``potting'' material, contains PCBs at greater than or equal to 50 ppm, 
then the entire ballast is regulated for disposal under current rules 
even if the internal small capacitor remains intact and nonleaking. 
Many facilities are disposing of light ballasts or their capacitors in 
TSCA incinerators to avoid the potential for Superfund liability should 
today's municipal landfills become subject to future CERCLA cleanup 
action. Therefore, EPA proposes to include a statement in 
Sec. 761.60(b)(2)(vii) in response to the commenter's suggestion that 
the PCB regulations cross reference the CERCLA requirements.
    Since the publication of the ANPRM, EPA has received a TSCA section 
21 petition from several fluorescent light ballast recyclers and the 
Hazardous Waste Treatment Council (Ref. 49). The petitioners requested 
that disposal requirements for intact and non-leaking small capacitors 
in fluorescent light ballasts at Sec. 761.60(b)(2)(ii) be amended to 
require incineration of fluorescent light ballasts or incineration of 
the PCB Small Capacitors or PCB potting materials removed by recycling 
the fluorescent light ballasts. EPA granted their petition and stated 
its intention to initiate a regulatory investigation to determine 
whether or not to amend the PCB Small Capacitor disposal requirements 
at Sec. 761.60(b)(2)(ii) (Ref. 50).
    As noted earlier, EPA has discussed the disposal and phaseout of 
PCB Small Capacitors in various rulemakings. In 1979, EPA encouraged 
firms disposing of large quantities of PCB Small Capacitors to 
establish a voluntary collection and disposal program resulting in the 
waste capacitors going to chemical waste landfills or high temperature 
incinerators (44 FR 31514, 31528, May 31, 1979). In 1982, EPA revisited 
the issue of small capacitors, this time in regard to their potential 
phaseout. EPA concluded that because many of these PCB-containing small 
capacitors are encapsulated and contain minimal quantities (0.1 to 0.6 
pounds) of fluid and a significant amount of absorbent materials such 
as paper, PCBs are rarely released from the capacitors during their use 
or from equipment using the capacitors. Therefore, EPA determined the 
exposure risks to humans, food, feed, water, and the environment were 
low (47 FR 37342 and 37349, August 25, 1982).
    In their petition, petitioners raised a number of issues for which 
EPA is seeking information regarding the proposed amendment of the 
disposal requirements for intact and non-leaking PCB Small Capacitors, 
specifically those in fluorescent light ballasts.
    First, the petitioners indicated that the PCBs are not only found 
in small capacitors but in the potting material of fluorescent light 
ballasts as well. EPA is seeking data on the level of PCBs found in the 
potting materials of fluorescent light ballasts and whether the PCBs 
were in the potting material prior to recycling, i.e., were the PCBs in 
the potting material because of a rupture of the PCB Small Capacitor. 
EPA is also seeking data on the percentage of ballasts recycled that 
contain PCBs in either a small capacitor and/or the potting material, 
as well as the concentration of PCBs in the potting material. EPA is 
also seeking information regarding the manufacture of light ballasts 
that have PCBs in their potting materials, i.e., date of manufacture, 
PCB concentration, etc. However, any additional disposal requirements 
for fluorescent light ballasts with PCB Small Capacitors become moot if 
the ballast potting material contains PCBs. Fluorescent light ballasts 
with PCBs in their potting material meet the definitional requirements 
of PCB Articles under Sec. 761.3 and the disposal requirements for such 
items are already prescribed at Sec. 761.60(b)(5). If PCBs 
50 ppm are found in the potting materials of fluorescent 
light ballasts, the issue of continued use becomes a significant 
problem because such PCBs are not authorized for use under Sec. 761.30. 
However, PCBs found at <50 ppm (and not the result of dilution) in the 
potting compound would qualify the fluorescent light ballast as an 
``Excluded PCB Products'' as defined at Sec. 761.3.
    Second, if EPA determines that additional disposal requirements 
need to be placed on fluorescent light ballasts containing PCB Small 
Capacitors, the number of ballasts that may be disposed of as municipal 
solid waste within a 1-year period needs to be determined. EPA is 
proposing at Sec. 761.60(b)(2)(viii) that any person may dispose of up 
to 25 intact and non-leaking fluorescent light ballasts containing PCB 
Small Capacitors as household waste in a municipal solid waste landfill 
within a 1-year period from a single household. The number 25 was 
chosen because under CERCLA the reportable quantity (RQ) for PCBs is 1 
pound (40 CFR 302.4). If an estimate of approximately 2/3 ounce of PCBs 
in each small capacitor is used, 25 small capacitors equals just over 1 
pound or the RQ for CERCLA. This number could be lower, such as 10 
ballasts within a 1-year period as the petitioners suggested or higher, 
such as 3,000 per month which approximates the 100 kg per month small 
quantity exemption under RCRA. EPA is seeking information on the number 
of fluorescent light ballasts containing PCB Small Capacitors that 
should be allowed to be disposed of in a municipal solid waste 
landfill.
    Finally, on a related issue, the petitioners indicated that 
fluorescent light ballasts containing PCB Small Capacitors sent to 
municipal solid waste landfills do not remain intact and nonleaking 
once they are placed in the landfill. EPA is seeking data indicating 
that the disposal practices at a municipal solid waste landfill, such 
as compaction, will cause the PCBs to leak into the environment. If 
true, EPA is seeking data in support of statements that the PCBs 
leaking from small capacitors in municipal solid waste landfills can 
create a risk to health and the environment through ground water 
contamination. Such information should include the degree of risk 
reduction that could be achieved, the costs of risk reduction methods, 
and the impacts of any regulation on the economy, small businesses and 
other affected entities.
    d. Large volume PCB liquids. EPA also received a request to address 
the issue of disposal options for large volume liquid PCB wastes. Under 
current regulations at Sec. 761.60(a)(3), liquids at concentrations of 
50 to 499 ppm may be disposed of in a high efficiency boiler meeting 
the requirements of Sec. 761.60(a)(3)(iii), in an incinerator meeting 
the requirements of Sec. 761.70, or a chemical waste landfill (CWL) 
meeting the requirements of Sec. 761.75, if information is presented to 
the CWL owner or operator that the fluid does not exceed 500 ppm and is 
not an ignitable waste as described in Sec. 761.75(b)(8)(iii). However, 
the commenter was referring to industrial sludges at 500 ppm or greater 
that must be disposed of by incineration or by an alternate method that 
has been demonstrated to be the equivalent of incineration.
    In responding to a citizens petition under section 21 of TSCA that 
had been submitted to EPA on behalf of several potentially responsible 
parties to a Superfund cleanup (Refs. 5 and 6), the Agency indicated 
that ``[a]s a matter of policy, EPA in 1985 determined to treat 
industrial sludge similarly to PCB liquids.... Under this policy, PCB-
Contaminated industrial sludges may be placed in a TSCA landfill 
complying with 40 CFR 761.75, while sludges contaminated at greater 
than 500 ppm must be disposed of in a TSCA incinerator complying with 
40 CFR 761.70.''
    As discussed earlier in this rule (see the discussion on ``Large 
Volume PCB Wastes'' at Unit II.A. of this preamble), EPA is proposing 
to consider the site-specific risk factors in determining the 
appropriate disposal mechanisms for PCB remediation wastes, a category 
of wastes which includes industrial sludges.
    e. Abandonment and disposal of natural gas pipeline. There are 
approximately 1.5 million miles of natural gas pipeline in the United 
States, including approximately 275,000 miles of interstate 
transmission line with the remainder comprising local distribution 
systems. Several thousands of miles of pipeline are removed from 
service every year for a variety of reasons. One commenter suggested 
``that the regulations should allow for the abandonment in place of all 
distribution mains after removal of any liquids by reasonable means and 
the sealing of the ends of each segment of pipe.'' This commenter also 
suggested that the disposal requirements for drained hydraulic 
machinery and drained natural gas pipeline should be equivalent. 
Another commenter stated that Sec. 761.60(b)(5)(ii), which addresses 
disposal of ``Other PCB Articles,'' should be revised to say ``the 
handling, storage, and disposal of the drained article (gas pipeline) 
is not regulated.'' Moreover, one commenter suggested EPA revise the 
definition for PCB Items ``so that natural gas pipelines can be 
regulated in a manner more in line with the risks presented.''
    A review of the history of the regulation of PCBs in natural gas 
pipelines is needed to put these comments into perspective. The use of 
PCBs in natural gas pipeline compressors and in the liquids found in 
natural gas pipeline is authorized at concentrations below 50 ppm 
(Sec. 761.30(i)). The current authorization does not extend to the use 
of PCBs in air compressor units that are routinely found at natural gas 
compressor stations. EPA believes that the risk of exposure associated 
with other PCB Articles such as hydraulic equipment are much different 
than the risk of exposure to the end-users of natural gas containing 
PCBs or the reuse of pipeline containing PCBs. In a final rule 
published in the Federal Register on May 31, 1979 (44 FR 31536), EPA 
authorized the use, including servicing, of PCBs in natural gas 
pipeline compressors at levels above 50 ppm until May 1, 1980. The 
authorization was intended to give individuals time to drain and refill 
these compressors with non-PCB fluid to further reduce the PCB 
concentration below 50 ppm. EPA determined that ``[b]ecause of the 
small quantities and low concentrations of PCBs involved, ... this 
authorization will not result in exposure to PCBs that presents an 
unreasonable risk to health or the environment.''
    In 1981, EPA found that industry practices continued to result in 
the use of PCBs in at least 13 natural gas pipeline transmission 
systems at concentrations above 50 ppm, and in some instances above 500 
ppm, in violation of the PCB regulations. To address the elevated 
levels of PCBs found in the pipeline systems, EPA implemented remedial 
plans with four basic objectives: (1) To contain the contamination to 
limited areas of the transmission system; (2) to eliminate any further 
entry of PCBs into the system; (3) to remove remaining PCB 
contamination from these systems; and (4) to ensure proper handling of 
PCBs that were removed. Each of these 13 interstate pipelines were 
originally presumed to contain PCBs at levels greater than 50 ppm. Data 
collected since a 1981 compliance program was implemented showed the 
levels to be, in fact, greater than 500 ppm. This presumption did not 
extend to other interstate pipelines or to associated distribution 
system pipelines. Further, on July 10, 1984 (49 FR 28185), EPA amended 
the regulations to allow the continued use of PCBs at less than 50 ppm 
in the natural gas compressors and liquid of natural gas pipelines 
provided the compressors are marked in accordance with Sec. 761.45(a).
    Therefore, commenters questioning the disposal requirements are 
advised that, when the natural gas pipeline has been operated in 
compliance with the PCB use authorization (i.e., the compressor and 
liquids contain less than 50 ppm), the handling, storage, and disposal 
of these items are currently not regulated. Reuse of this pipeline, 
such as for culverts, is not currently authorized by these rules; 
however, reuse of pipeline is specifically addressed in Unit II.D.2.b. 
and generally addressed in Units II.A.5. and 6. of this preamble. Items 
containing PCBs at levels of 50 ppm are subject to the 
disposal requirements at 40 CFR 761.60. However, PCB-Contaminated 
Articles that have been drained of all free flowing liquids could still 
be abandoned in place under proposed Sec. 761.60(b)(6)(ii), as under 
current Sec. 761.60(b)(5)(ii), but not used or reused.
    Local distribution system pipe frequently shares public rights-of-
way, thus underlying major public infrastructures such as roadways, 
water lines, sewer lines, and telephone and electrical service lines. 
Unlike interstate transmission lines, testing and removal of some 
distribution lines have a great potential for causing prolonged 
disruption of other utilities sharing these rights-of-way. Today's 
proposal at Sec. 761.60(b)(5) would allow segments of either interstate 
or distribution natural gas pipelines to be abandoned in place along 
these rights-of-way if certain activities were undertaken to limit the 
risk of exposure. EPA believes that it is not a function of who owns 
the pipeline but rather how disruptive a removal would be that is the 
determining factor for allowing abandonment in these circumstances. DOT 
requires that natural gas pipeline abandoned in place must be 
disconnected from all sources and supplies of gas; purged of gas (but 
not liquids); in the case of local distribution lines, physically 
disconnected from the customer; and sealed at both ends (49 CFR 
192.727). EPA believes that these requirements do not provide 
protection from exposure to pipe containing PCBs, even of the small 
diameters routinely found in local distribution systems because the 
distribution company may lose physical control of the pipeline 
containing PCBs after abandonment. EPA specifically requests data on 
levels of PCB contamination in local distribution systems and the 
protection from exposure to PCBs afforded by the DOT requirements for 
abandonment.
    EPA proposes at Sec. 761.60(b)(5)(i)(A), that when levels of PCB 
contamination cannot be determined because condensate samples cannot be 
collected and the pipe is too small (having an inside diameter of 4 
inches or less) to be accurately wipe sampled, the pipe may be 
abandoned in place if it is either filled to 50 percent of its volume 
with grout or high density polyurethane foam and sealed closed at each 
end, or sealed closed at each end and included in a public service 
notification program, such as a ``one-call'' underground utility 
warning program under DOT regulations at 49 CFR 192.614.
    The proposal also provides a series of options for the removal with 
subsequent disposal or decontamination of pipeline containing PCBs and 
defines procedures for determining the level of contamination and 
whether the pipeline contains liquid. PCB-Contaminated natural gas 
pipeline, i.e., pipeline containing or contacting PCBs at 
concentrations of 50 - <500 ppm, or with surface concentrations of >10 
- <100 micrograms PCB per 100 square centimeters, or natural gas 
pipeline containing PCBs at any concentration and having an inside 
diameter less than or equal to 4 inches could be disposed of in a solid 
waste landfill or an industrial furnace. In addition, natural gas 
pipeline containing PCBs at any concentration could be disposed of in a 
TSCA chemical waste landfill, a TSCA incinerator, by a TSCA approved 
alternate disposal method, or as a PCB non-remediation waste in 
compliance with proposed Sec. 761.62. Pipe containing or contacting 
PCBs at concentrations of less than 50 ppm or with surface 
concentrations of  10 micrograms per 100 square centimeters 
may currently be reused only as natural gas pipeline in the same 
natural gas system (same company) pursuant to the use authorization at 
Sec. 761.30(i); Sec. 761.30(i) does not also authorize distribution in 
commerce. In Sec. 761.79, Decontamination, EPA proposes cleanup levels 
and procedures for surfaces for reuse and for determining current 
regulatory status. This section is also applicable to natural gas 
pipelines and associated equipment.
    f. Disposal of solvents. EPA, in response to several comments and a 
related judicial decision [In the matter of: Rollins Environmental 
Services (N.J.), Inc., Docket No. II-TSCAPCB-88-0116 (July 13, 1989), 
Rollins Environmental Services (NJ) Inc. v. EPA, 937 F.2d 649 (D.C. 
Cir. 1991)], is proposing to clarify the disposal requirements relating 
to solvents used in decontamination procedures. Current regulations at 
Sec. 761.79(a) explicitly require the disposal of solvents used to 
decontaminate PCB containers in a TSCA approved facility once the PCB 
concentration in the solvent reaches 50 ppm PCBs. Section 761.79 does 
not address the disposal requirements for solvents used to 
decontaminate that do not reach 50 ppm. Existing rules at Sec. 761.1(b) 
require solvents used in decontamination to be disposed of as PCBs 
regardless of the final concentration of PCBs in the solvent. Such 
solvents have been in contact with PCBs and as such are regarded as 
containing the concentration of the original PCBs because of the 
principle of anti-dilution. The PCB rules currently contain no other 
provisions for decontamination; however, EPA has approved various 
decontamination-like activities under Sec. 761.60(e). PCB disposal 
approvals for decontamination-like activities, issued under 
Sec. 761.60(e), specify disposal requirements for solvents. In the 
Rollins Circuit Court decision, the disposal requirements for solvents 
that contain less than 50 ppm PCB used to decontaminate PCB containers 
were found to be unclear. In order to clarify this situation, EPA is 
proposing to amend the provisions at Sec. 761.79 to allow hydrocarbon 
solvents containing less than 50 ppm PCBs to be used in accordance with 
the provisions for used oil as outlined in Sec. 761.20(e) or to be 
decontaminated themselves through processes such as filtration.
    g. Disposal of waste generated during the chemical analysis of 
PCBs. Chemical analysis is needed to determine PCB concentrations for 
the purposes of determining compliance with the PCB regulations; 
characterize PCB contamination; determine the effectiveness of various 
decontamination and treatment technologies; and determine PCB levels in 
humans and their food chain. The chemical analysis of PCBs includes 
sample preparation, sample extraction, extract concentration, extract 
cleanup, addition of PCB standards, and instrumental analysis. There 
are several possible wastestreams resulting from the chemical analysis 
of PCBs: excess sample, potentially contaminated drying agent 
(anhydrous sodium sulphate), extract solvent removed during extract 
concentration (acetone, hexane, methylene chloride, etc.), cleanup 
column packing materials (alumina, florisil, etc.), cleanup liquids 
(concentrated sulfuric acid), glassware, filtering materials, extracted 
sample material, and excess extract. In addition, analytical 
instrumentation is contaminated and therefore regulated if regulated 
PCBs are analyzed.
    The relatively small amount of PCBs extracted in a sample is often 
diluted significantly in most potential laboratory wastes, and most 
wastes that cannot be recycled contain materials that should absorb 
PCBs. Extraction of small amounts of PCBs resulting from PCB analysis 
would likely be more burdensome than disposal in a controlled disposal 
facility and would result in less reduction in risk. Therefore, EPA is 
proposing at Sec. 761.64 special disposal provisions for laboratory 
waste.
    All samples, including extracted sample material, would remain 
regulated for disposal, but could be returned to the site of generation 
for disposal according to the concentration measured in the sample. EPA 
is also proposing to permit, under certain conditions, the recycling 
for reuse of limited quantities of organic solvents used in the 
chemical analysis process described above. This change would result in 
cost savings to the laboratory by not having to replace used solvent, 
that could otherwise be safely and economically recycled by 
distillation within the laboratory, and would also result in 
minimization of laboratory waste solvents for disposal. In addition, 
EPA is proposing to allow the disposal of small quantities of non-
liquid waste according to their existing (or presumed) concentration 
even though that concentration is known to be the result of dilution 
from performance of chemical analysis. EPA believes that the relatively 
small quantity of these wastes which are generated, their low 
concentrations of PCBs in non-liquid materials, and the significant 
quantity of materials in the non-liquid waste which would absorb PCBs 
present make disposal of these materials in a RCRA approved or TSCA 
approved landfill a safe and economical option.
     h. Transboundary movement of PCBs for disposal. EPA periodically 
receives requests from individuals wishing to import or export PCBs for 
disposal. Current regulations at 40 CFR 761.20(b)(2), promulgated under 
section 6(e)(1) of TSCA, authorize the import or export for disposal of 
PCBs only at concentrations less than 50 ppm. EPA believes there are 
instances where the import or export for disposal of PCBs at higher 
concentrations would not pose an unreasonable risk of injury to health 
or the environment. EPA therefore proposes to amend Sec. 761.20(b)(2) 
and add Sec. 761.20(b)(3) to create certain categorical exceptions to 
the general ban on import for disposal of PCBs at 50 ppm or greater and 
to clarify what constitutes import or export for purposes of this 
regulation. This proposal would also establish a petition procedure 
under proposed Secs. 761.20(b)(4) and (c)(3) under which other imports 
and exports for disposal could be allowed on a case-by-case basis. This 
section of the proposal would not alter the current ban on import or 
export of PCBs at 50 ppm or greater for purposes other than disposal 
(including import for use, reuse, or recycling), or affect the meaning 
of the terms ``import'' or ``export'' for any other provisions of TSCA.
     When EPA addressed the issue of import and export for disposal in 
1979, it noted that regulation of these types of activities could be 
accomplished under TSCA section 6(e)(1), which governs disposal 
activities, or alternatively under section 6(e)(3), which governs 
manufacture and import activities (44 FR 31514, 31526 (May 31, 1979)). 
Based upon the authority in section 6(e)(1), EPA elected to issue 
comprehensive regulations that temporarily authorized the import and 
export of PCBs for disposal, otherwise known as the ``Open Border 
Policy.'' EPA decided not to extend these regulations in 1980 and they 
expired (45 FR 29115 (May 1, 1980)).
    In 1984, EPA issued the current PCB regulations that address import 
and export for disposal (40 CFR 761.20(b) and 761.60(h)). Section 
761.60(h) provides that the import and export of PCBs and PCB Items for 
purposes of disposal are regulated under section 761.20. Section 
761.20(b)(2) authorizes only the import or export for disposal of PCBs 
at concentrations of less than 50 ppm. The current rules do not 
authorize import or export for disposal of PCBs at higher 
concentrations. In the absence of a general rule that allows the import 
or export for disposal of such PCBs, the only way that such wastes may 
currently be imported or exported is if EPA grants an exemption 
pursuant to TSCA section 6(e)(3).
    This rule is designed to control the transboundary movement of PCB 
waste in a manner consistent with the Basel Convention on the Control 
of Transboundary Movement of Hazardous Wastes and their Disposal. EPA 
is requesting comment on the circumstances under which the U.S. border 
should be opened to transboundary shipments of PCBs for disposal. The 
options range from allowing all imports for disposal under section 6(e) 
to maintaining the current closed border status, and might include 
opening the border to PCBs from a limited geographic area such as the 
Great Lakes drainage basin. Today's proposal, if finalized, would 
retain the general prohibitions on import and export of PCB wastes at 
concentrations of 50 ppm or greater, with certain exceptions described 
below.
    Import. Proposed Sec. 761.20(b)(2) would allow three exceptions to 
the general prohibition on import of PCBs for disposal. Proposed 
Sec. 761.20(b)(3) would clarify what constitutes import for purposes of 
this regulation. EPA could add categorical exceptions to proposed 
Sec. 761.20(b)(2) and (b)(3) should the need arise in the future.
    (1) Imports of PCBs at concentrations less than 50 ppm.  Because 
the Administrator has made the finding that PCBs at concentrations less 
than 50 ppm present no unreasonable risk to health or the environment, 
import for disposal of these PCBs would continue to be allowed.
    (2) Import of PCB wastes from United States territories or 
possessions that are outside the customs territory of the United States 
into the customs territory of the United States for disposal.  TSCA and 
the regulations issued thereunder at 40 CFR Part 761 regulate the 
manufacture, import, distribution, processing, use, storage, and 
disposal of PCB waste in the United States. The terms ``United States'' 
and ``States'' are defined at sections 3(13) and 3(14) of TSCA to 
include ``any state, D.C., Puerto Rico, Virgin Islands, Guam, the Canal 
Zone, American Samoa, Northern Mariana Islands, or any other territory 
or possession of the United States.'' TSCA does not define imports 
specifically, but section 13 of TSCA requires the Secretary of the 
Treasury to refuse entry into the customs territory of the United 
States (as defined in general headnote 2 of the Tariff Schedules of the 
United States) of any chemical substance, mixture, or article offered 
for entry if it fails to comply with any rule under TSCA. In the Tariff 
Schedules, ``customs territory of the United States'' is defined as 
``any State of the United States, the District of Columbia, and Puerto 
Rico.'' Thus, a problem arises when a territory or possession which is 
outside the customs territory of the United States attempts to ship PCB 
wastes back into the customs territory of the United States for 
disposal. Any such transfer of such PCB wastes at concentrations of 50 
ppm or greater would be considered a prohibited import under existing 
regulations. This is problematic because most United States territories 
and possessions outside the customs territory do not have adequate 
disposal facilities. Since PCBs persist in the environment, improper 
disposal of PCBs in those territories or possessions could create an 
unreasonable risk to health or the environment in the territory or 
possession of the United States. Therefore, EPA proposes to allow 
transfers of PCBs from United States territories or possessions that 
are outside the customs territory of the United States into the customs 
territory of the United States for disposal.
    (3) Imports of PCBs for disposal where EPA determines that it is in 
the interests of the United States and will not result in unreasonable 
risks to health or the environment.  In addition to the categorical 
exceptions listed above, there may be instances in which it would be in 
the interests of the United States to allow import of PCBs for 
disposal. This might be the case where PCBs were located outside the 
United States, but in close proximity to the United States, and 
adequate disposal facilities were not available in the country in which 
they were located. Import of the PCBs into the United States for 
disposal might be in the interests of the United States to mitigate an 
unreasonable risk to health or the environment in the United States 
that could not be mitigated by other means. It might be in the 
interests of the United States to allow import of PCBs for disposal to 
implement a federal law such as CERCLA, or to carry out United States 
obligations under a treaty or other international agreement. EPA would 
not be inclined to find that import for disposal was in the interests 
of the United States solely because disposal of the PCBs in this 
country was less expensive. EPA proposes to allow imports for disposal 
that are in the interests of the United States on a case-by-case basis 
where they would not pose an unreasonable risk of injury to health or 
the environment.
    Under its section 6(e)(1) authority to regulate disposal, EPA 
proposes to allow these case-by-case exceptions to the ban on import 
for disposal of PCBs at concentrations of 50 ppm or greater at EPA's 
initiative or in response to a petition. Under proposed 
Sec. 761.20(b)(4), any person may petition EPA for an exception to the 
prohibition on import for disposal, and EPA may grant such an exception 
if it finds that to do so would be in the interests of the United 
States and would not result in unreasonable risk of injury to health or 
the environment.
    Petitions would be filed with the Director, Chemical Management 
Division. The Director has the authority to issue TSCA PCB disposal 
approvals in certain instances and is responsible for coordination and 
oversight of PCB disposal activities in the United States. Therefore, 
the Director is in the most advantageous position to require proper 
disposal of imported PCBs. Petitions would have to be submitted on an 
individual basis for each individual that would be subject to the 
exception. If EPA determined that it was appropriate to create a 
categorical exception, it could do so by adding through rulemaking to 
the categorical exceptions proposed at Sec. 761.20(b)(2) and (b)(3). 
Information to be included in the petition is specified at proposed 
Sec. 761.20(b)(4)(i) through (vii). The petitioner would be notified of 
EPA's decision by letter.
    To implement the proposed Sec. 761.20(b)(2) through (4), EPA is 
also proposing at Sec. 761.20(b)(5) that all PCBs at concentrations 
greater than or equal to 50 ppm that are imported for disposal must be 
disposed of in an EPA designated facility which has a TSCA PCB disposal 
approval. Each facility's TSCA PCB disposal approval would have to 
contain specific conditions addressing at a minimum its designation to 
receive specified shipments of imported PCBs for disposal, analytical 
data on wastes to be imported including their compatibility with the 
facility's approved waste disposal techniques, prior notification and 
certification to EPA of adequate disposal capacity, use of the manifest 
system, provisions for financial responsibility for the imported PCBs 
from the port of entry through final disposal, appropriate 
recordkeeping for these activities, and any other conditions that EPA 
found were necessary to ensure that the import and disposal of PCBs did 
not present an unreasonable risk of injury to health or the 
environment. Since EPA cannot easily reach foreign generators of 
imported PCBs to enforce liability provisions of TSCA or other Federal 
statutes and cannot be assured that shipments of imported PCBs could be 
returned to their country of origin if they could not be disposed of at 
the designated facility, conditions would be included in disposal 
approvals to address these situations. Imported PCBs could also be 
decontaminated under the proposed changes to Sec. 761.79. However, the 
PCBs would have to be imported to a commercial storage facility which 
had a PCB commercial storage approval, unless exempt, including special 
approval conditions for imported wastes, as noted above.
    Export. When EPA announced the expiration of the Open Border Policy 
in 1980 it stated, with regard to exports, that it would not grant an 
exemption unless the nation to which the export was destined had proper 
facilities for ultimate disposal (See 45 FR 29115). EPA believes that 
export of PCBs to other countries needs to be limited so as not to pose 
a risk of injury tohealth or the environment in those countries and 
that to the maximum extent practicable, each nation should manage its 
own waste within its own borders. Therefore, EPA is proposing at 
Sec. 761.20(c)(3) to allow export for disposal of PCB waste at 
concentrations of 50 ppm or greater on a case-by-case basis unless EPA 
has reason to believe that the PCBs in question will not be properly 
managed, where the receiving country has an international agreement 
consistent with the international obligations of the United States 
relating to transboundary movements of PCBs and their disposal, with 
the U.S. Government concerning such exports; the government of the 
receiving country certifies to EPA that it has received accurate and 
complete information about the waste, consents to receive it, and has 
adequate disposal facilities to assure proper management; and the 
exporter identifies waste containing liquid PCBs or PCB-containing 
electrical equipment. As an example, vessels are sometimes exported for 
salvage of the considerable amounts of metal they contain. PCBs present 
in integral components of the ships, such as wire cable or air handling 
system gaskets, could be exported with the ship under conditions 
specified in the export approval. EPA could require as a condition of 
approval for export that PCBs found in large capacitors, transformers, 
and hydraulic or heat transfer fluids, be removed prior to export for 
disposal. EPA could allow such exports for disposal on its own 
initiative or in response to a petition. Other information that would 
have to be included in the petition is set out at proposed 
Secs. 761.20(c)(3).
    Other transboundary shipments. Certain types of movement of PCB 
wastes accross national borders is not considered to be either import 
or export.
    (1) Transport of PCB waste generated in the United States through a 
foreign country (and any residuals resulting from cleanup of spills of 
such waste in transit) for reentry into the United States for disposal. 
 The proposal would clarify that PCB waste generated in the United 
States may be transported through a foreign country and returned to the 
United States for disposal. For example, PCB waste generated in 
Michigan could be transported across Canada for disposal in New York. 
Any residual PCB waste resulting from the cleanup of spills that might 
occur in transit could also be brought into the United States for 
disposal. Otherwise, it would be impractical and inefficient to 
transport PCBs generated in certain parts of the United States to 
nearby United States disposal facilities. This provision is included in 
Sec. 761.20(b)(3) as a clarification. For purposes of this regulation, 
EPA considers such shipments to be transit shipments, not exports or 
imports.
    (2)  Return for disposal of wastes that result from PCBs that were 
procured domestically by the U. S. Government, taken overseas for use 
by the U. S. Government, and that have remained under U. S. Government 
control since the time of procurement (including any residuals 
resulting from cleanup of spills of such wastes during use, storage, or 
in transit). In conjunction with U. S. Government operations, PCBs may 
be taken to United States facilities abroad for use. Because these PCBs 
have always been the property of the United States, and because 
disposal facilities for these wastes might not be readily available 
overseas, they would be permitted back into the United States for 
disposal along with any residuals resulting from cleanup of spills 
occurring during use, while in storage for reuse or awaiting shipment 
for disposal, or in transit. For purposes of this regulation, EPA would 
not consider these shipments to be exports or imports.
    i. Landfilling of liquid PCBs. EPA proposes to remove the 
provisions allowing for the disposal of liquid PCBs, which have been 
stabilized on-site prior to disposal, at a chemical waste landfill, 
Sec. 761.60(a)(2)(ii), Sec. 761.60(a)(3)(ii), and 
Sec. 761.75(b)(8)(ii). These provisions were established in the May 31, 
1979 rulemaking, since at the time of the rulemaking there was a 
limited number of incinerators permitted to burn PCB waste and disposal 
capacity was a concern. Currently, and as can be reasonably expected in 
the future, the amount of low concentration PCB liquids anticipated to 
be designated for disposal and in storage for disposal can easily be 
accommodated within the existing and anticipated future PCB disposal 
technologies other than landfilling. The existing PCB disposal and 
storage for disposal regulations and the amendments proposed in this 
rulemaking are expected to accommodate the surplus in the disposal 
capacity supply.
    Further support for this deletion of a disposal option for liquid 
PCBs having low PCB concentrations is the prohibition on landfilling 
liquid hazardous wastes containing PCBs under the RCRA land disposal 
restrictions at 40 CFR 268.42.
    j. Self-Implementing requirements for research and development for 
PCB disposal activities-- 1. General. This change would eliminate the 
time-consuming process of obtaining an R&D approval in order to engage 
in limited R&D into PCB disposal. R&D for PCB disposal not conforming 
with the limitations of this section would require written approval or 
written waiver of the requirements of a Secs. 761.60(e), 761.60(i)(2), 
or 761.70(a) or (b) approval by the Regional Administrator in the EPA 
Region where the R&D would occur. Persons engaged in research and 
development into PCB disposal technologies would now be required to 
obtain an EPA identification number.
    EPA proposes at Sec. 761.60(j) a self-implementing approval for 
research and development (R&D) for PCB disposal activities. Limitations 
are proposed for the amount of PCB material disposed of, the 
concentration of the PCBs disposed of, the total amount of PCBs, and 
the duration of the R&D for disposal activity. All treated and 
untreated PCB materials from a PCB R&D for disposal activity would be 
required to be disposed of according to Sec. 761.60(a)-(e).
    2. Definition of R&D for PCB Disposal. An individual engaged in R&D 
for PCB disposal activities is someone who is not accepting PCB waste 
on a commercial scale; the person is involved solely in the R&D for 
preliminary investigation and limited scale up of PCB disposal 
technologies and may or may not possess a TSCA PCB R&D Approval issued 
according to Secs. 761.60(e), 761.60(i)(2), or 761.70(a) or (b).
    3. Limitations. EPA is proposing at Sec. 761.60(j) that the maximum 
quantity used annually under this exemption for PCB treatability study 
samples be 70 cubic feet for solid material or 500 gallons for liquid 
material. This should be a sufficient amount of material for conducting 
small-scale treatability studies. If additional material is needed to 
conduct the study, the Regional Administrator may at his or her 
discretion grant requests on a case-by-case basis for quantity limits 
in excess of those specified or require a formal R&D approval if the 
increased quantity could present an unreasonable risk to health or the 
environment.
    In addition to a quantity cut-off, EPA is proposing at 
Sec. 761.60(j) to limit the maximum concentration for PCB waste that is 
used in a treatability study to 10,000 ppm for those utilizing the 500 
gallon or 70 cubic feet volume cap or 1 kilogram (kg) of pure PCB waste 
annually at the facility. It has been EPA's experience in the past in 
reviewing applications for R&D approvals and in discussions with those 
in the waste treatment field, that it is rare that one would need a 
sample that contains more than 10,000 ppm PCBs to conduct a small-scale 
treatability study. The concentration limits are also proposed based on 
the Agency's concern with the potential risks associated with the 
distribution in commerce (without a manifest) and handling of high 
concentration PCBs.
    EPA is also limiting the approvals under proposed Sec. 761.60(j) to 
one calendar year to evaluate the progress and scope of the R&D and to 
plan for potential formal permitting of successful technologies.
    4. Permitting and exceeding the limitations. Under the proposal, a 
the laboratory conducting the treatability study conforms to the 
criteria of Sec. 761.60(j), then it is not subject to the permitting 
requirements of Secs. 761.60(e), 761.60(i)(2), or 761.70(a) or (b). The 
Agency feels that the criteria in proposed Sec. 761.60(j) coupled with 
the applicable provisions of OSHA regulations at 29 CFR part 1910 
provide adequate oversight and protection to health and the environment 
to forego the need for formal permitting. The Regional Administrator or 
Director, CMD would, however, have the authority even in cases where 
the R&D activity would not exceed the maximum allowable volume (500 
gallons of liquid or 70 cubic feet of solid) or the maximum allowable 
concentration (10,000 ppm or 1 kg of pure PCB), to require the 
requestor to submit a formal permit application if the disposal 
activity could present an unreasonable risk of injury to health or the 
environment. Under proposed Sec. 761.60(j), the Regional Administrator 
in the Region in which the R&D disposal activity is proposed would have 
to be informed in writing at least 30 days prior to the commencement of 
the disposal activity.
    5. Notification. Individuals engaged in conducting R&D for PCB 
Disposal would also be required to submit EPA Form 7710-53, even though 
they may have notified EPA as a ``Permitted Disposer.'' There is a new 
category on EPA Form 7710-53 designated as R&D/Treatability included 
for the notification.

III. Other Regulatory Changes and Clarifications

    The following issues were identified in the ANPRM as items where 
changes may be appropriate. These revisions include providing 
clarification on certain provisions (e.g., the 1-year time limit for 
storage and disposal requirement) and amending the regulations where 
appropriate, eliminating seemingly duplicative requirements (e.g., 
marking), and creating new provisions to promote efficiency in disposal 
operations (e.g., temporary storage of greater than 500 ppm PCB 
liquids).

A. Marking

    The regulations at Sec. 761.40(b) and (e) essentially express the 
same requirements with regard to the marking of transport vehicles when 
loaded with PCBs in the liquid phase at concentrations of 50 ppm or 
greater. In the ANPRM, EPA solicited comments on the best remedy for 
this regulatory duplication. In response to the ANPRM, commenters 
expressed general support for EPA's overall objective to clarify the 
language and eliminate duplication in the marking regulations. Several 
commenters suggested that both Sec. 761.40(b) and (e) be deleted and 
totally rewritten. Other suggestions included combining the paragraphs, 
rewriting both subsections, or deleting one and updating the other.
    In today's proposal, EPA proposes to eliminate this duplication by 
combining references to the marking requirement for transport vehicles 
at Sec. 761.40(b) and (e) under proposed paragraph (d), thus leaving 
the requirements for the remaining PCB Items under paragraph (e). This 
amendment would not result in any substantive change.
    Further, EPA has determined that Large Low Voltage Capacitors often 
are not identified and disposed of properly at the time of removal, 
because they are not required to be marked while in use. Therefore, EPA 
is proposing to strengthen the marking requirements for Large Low 
Voltage Capacitors to include those still in use. Because of these 
identification and disposal concerns, the Agency is proposing at 
Sec. 761.40(k) that all PCB Equipment in use containing PCB 
transformers or PCB Large Capacitors be marked with the mark ML.
    The Agency is also aware of reports that PCB Capacitors were not 
marked because they were assumed not to contain PCBs. To clarify what 
capacitors must be assumed to contain PCBs, EPA is proposing to amend 
the definition of ``Capacitor'' in Sec. 761.3 to clarify that a 
capacitor whose PCB concentration is unknown generally must be assumed 
to contain 500 ppm or greater PCBs. This should make it evident to 
readers that this rule applies to the marking, use, and recordkeeping 
requirements, and not just disposal.

B. Department of Transportation Containers for Storage of PCB Waste

    Currently, the regulations at Sec. 761.60(b)(2)(vi) and 
Sec. 761.65(c)(6) specify the use of Department of Transportation (DOT) 
specification containers for PCB storage and disposal. Section 
761.65(c)(7)allows liquid PCB waste to be storedin containers that are 
larger than the DOT containers specified at Sec. 761.65(c)(6), provided 
they meet OSHA requirements (Sec. 761.65(c)(7)(i)). In addition, a 
Spill Prevention Control and Countermeasure (SPCC) Plan must be 
prepared and implemented in order for these larger containers to be 
used. For non-liquid PCB waste, containers larger than those specified 
in Sec. 761.65(c)(6) may be used, if they provide as much protection 
against leaks and exposure as the DOT containers, and they are of the 
same relative strength and durability. In short, the current 
regulations require the most durable containers be used for storing 
and/or transporting PCBs, which in most cases, and in particular when 
storing PCB/radioactive waste, may not be the best alternative (See 
discussion at Unit II.C.--PCB/Radioactive Waste).
    EPA is proposing to amend Sec. 761.60(b)(2)(vi) and 
Sec. 761.65(c)(6) by deferring to the DOT container requirements for 
the storage and transportation of PCBs. EPA proposes to eliminate all 
citations to specific container type and to cross reference the new 
performance-based DOT container requirements set forth in the DOT 
Hazardous Material Regulations (HMR) at 49 CFR Parts 171-180. EPA 
regulates PCBs at a much lower concentration than DOT. Therefore, EPA 
would also like to emphasize that although some material may not be 
subject to DOT regulations, part 761 would still require these 
materials to be packaged in accordance with the DOT regulations, that 
is, in DOT authorized containers. PCBs are shown in the Hazardous 
Materials table at 49 CFR 172.101, in Packing Group II. However, under 
those regulations PCBs that are transported by highway or rail need 
only be packaged pursuant to Packing Group III. PCB/radioactive, PCB/
fissionable material, PCB/mixed waste, and PCB/hazardous waste not 
packaged in accordance with the HMR are not allowed to be transported. 
Additionally, readers are advised that the HMR as amended on December 
21, 1990 (55 FR 52402) prohibits the construction of DOT specification 
packaging previously designated for the storage of PCB waste (i.e., DOT 
Specification 5, 5B, 6D, 17C, 17E, and 17H containers) effective 
October 1, 1994. Further, transportation of PCBs in these outdated DOT 
specification containers is not authorized beyond September 30, 1996. 
Although most commenters agreed with EPA's decision to defer to DOT, 
one commenter suggested that EPA continue to list all containers 
authorized by DOT. However, such an approach would defeat EPA's 
objectives in amending the PCB rules which are to provide flexibility 
to industry and to minimize the resource burden associated with 
updating the PCB regulations each time DOT modifies its requirements.

C. Definition of a PCB Transformer and PCB-Contaminated Electrical 
Equipment

    The proposed amendment to the definition of a PCB Transformer at 
Sec. 761.3 provides: ``PCB Transformer means any transformer that 
contains 500 ppm PCBs or greater. A transformer is a PCB Transformer 
if: the nameplate indicates that the transformer contains PCB 
dielectric fluid; the owner or operator has any reason to believe that 
the transformer contains PCB dielectric fluid; or the transformer 
dielectric fluid has been tested and found to contain PCBs at 500 ppm 
or greater. A transformer is assumed to be a PCB Transformer if: the 
transformer does not have a nameplate; records do not exist that 
indicate the type of dielectric fluid; or records do not exist that 
indicate the PCB concentration.'' In order to clarify the current 
definitions of ``PCB-Contaminated Electrical Equipment'' (specifically 
PCB-Contaminated Transformer within this definition) at Sec. 761.3, EPA 
is proposing incorporate into this definition the provisions of the 
``assumption rule'' in this preamble to the PCB to the PCB Ban rule (44 
FR 31517, May 31, 1979).
    EPA inspectors have suspected that some owners of transformers are 
abusing the ``assumption rule'' to avoid the stricter disposal 
requirements of Sec. 761.60. An example of such an avoidance technique 
is the removal of the manufacturer's nameplate or other identifying 
information that could be used to classify a transformer as PCB. 
Additionally, the possibility exists that a transformer may have been 
serviced with fluid containing 500 ppm PCBs or greater. For purposes of 
clarification, ``records'' as used above refers to servicing records, 
manufacturers certifications and/or other data that would indicate or 
impact PCB concentration. Generally, commenters expressed support for 
EPA's effort to clarify the existing definition of a PCB Transformer.
    In addition, the current definition of PCB-Contaminated Electrical 
Equipment at Sec. 761.3 which includes ``oil-filled electrical 
equipment,'' has been misinterpreted to mean that a transformer with 
any oil in it could be assumed to be PCB-Contaminated (50 to 499 ppm). 
To further clarify this definition, the Agency is proposing to add the 
word ``mineral'' before the words ``oil filled''. In addition, language 
would be added to this definition which states that ``a transformer is 
assumed to contain PCBs at 500 ppm or greater, if it is an untested 
mineral oil transformer and reasons exist to believe that the 
transformer was at any time serviced with fluid containing PCBs at 500 
ppm or greater.'' Historically, mineral oil transformers encompassed 
the vast majority of non-askarel transformers; however, over time the 
types of non-askarel transformers have expanded to include, for 
example, silicone filled transformers. Adding this clarification would 
reestablish the Agency's intent when this definition was added to the 
regulation in August of 1982 (46 FR 37342) that mineral oil filled 
transformers are assumed to be PCB-Contaminated (50 to 499 ppm)
    Some commenters suggested that instead of amending the definition, 
the Agency should consider requiring that these units be tested prior 
to disposal. Others commented that EPA should provide immunity from 
enforcement action to owners who assumed their oil-filled electrical 
equipment was PCB-Contaminated Electrical Equipment when it was later 
determined that the transformer contained PCBs at 500 ppm or greater.
    While the costs of testing have decreased since 1979, EPA is not 
proposing to change its long standing policy, which does not require 
testing transformers prior to disposal, while the equipment is in use. 
Nonetheless, owners of electrical equipment containing PCBs should 
consider verifying the concentration prior to disposal to avoid 
violations of TSCA. In addition, EPA is not proposing to issue a 
blanket exemption from enforcement action for use of a mineral oil 
transformers assumed to contain less than 500 ppm PCBs but later found 
to contain PCBs at 500 ppm or greater. The regulations at 
Sec. 761.30(a)(1)(xv) currently describe procedures for bringing such 
transformers into compliance with the use authorization provisions. For 
example, in order to qualify for the current use authorization, all PCB 
Transformers were required to have been registered with fire response 
personnel by December 1, 1985 (Sec. 761.30(a)(1)(vi)). PCB transformers 
erroneously assumed to have been contaminated at less than 500 ppm PCBs 
must be registered within 30 days of discovery of the actual 
contamination level with the required fire response personnel 
(Sec. 761.30(a)(1)(xv)(D). If it cannot be demonstrated (e.g., by the 
production of the receipt from a registered letter used to register the 
transformer and signed by the fire response personnel) that, this 
registration has taken place, then that PCB Transformer is not 
authorized for use under Sec. 761.30.
    The Agency is seeking information regarding numbers of small 
transformers or other electrical equipment that contains PCBs. These 
small transformers or other types of small electrical equipment 
generally do not have nameplates and are not easily sampled. Some 
examples of this type of equipment are: potential transformers, current 
transformers, instrument transformers, grounding transformers, voltage 
transformers, and ignition transformers. These small transformers can 
range in size from several inches to several feet in height. Such small 
transformers can be filled with oil, epoxy, or tar-like potting 
compounds that contain PCBs, or they could be ``dry''. Since these 
small transformers generally do not have a nameplate, under the 
proposed amendment to Sec. 761.3 they would have to be assumed to be 
PCB Transformers and would be subject to the use requirements at 
Sec. 761.30(a) and the disposal requirements at Sec. 761.60(a).
    The Agency is also soliciting comments regarding the disposal 
requirements that could be imposed on these small transformers or other 
similar types of small electrical equipment. Their disposal 
requirements could resemble those for small capacitors (e.g., 3 pounds 
of dielectric fluid (Sec. 761.60(b)(2)(ii)) or could be expanded to 
include the size (physical dimensions) or the total weight of the 
equipment as well. Such small transformers or similar small electrical 
equipment, meeting the size or weight conditions, could be authorized 
for disposal in an approved chemical waste landfill under Sec. 761.75, 
or if less stringent disposal was deemed protective, in a municipal 
solid waste landfill.

D. Drained PCB-Contaminated Transformers

    Drained PCB-Contaminated Electrical Equipment is unregulated for 
disposal under the existing regulations at Sec. 761.60(b)(4) and may be 
salvaged through smelting, a process recognized by EPA as an acceptable 
form of disposal when certain conditions are met. EPA solicited 
comments in the ANPRM on whether the Agency should consider amending 
the regulations for the disposal of drained PCB-Contaminated Electrical 
Equipment to ensure that the equipment is properly disposed of and is 
not illegally reused. Possible remedies such as decontamination and 
stricter controls to ensure that units were completely drained were not 
well received by commenters. In particular, most commenters stated that 
the anecdotal information that drained PCB-Contaminated Electrical 
Equipment carcasses were used for barbecue grills reflected isolated 
instances of non-compliance.
    Considering the low potential exposure to humans and the 
environment and the valuable metals that could be salvaged for 
recycling, EPA is proposing to modify the disposal requirements at 
Sec. 761.60(b)(4) for drained PCB-Contaminated Electrical Equipment by 
including this equipment under the proposed general ban against open 
burning of PCBs and allowing disposal only in facilities that are 
permitted, licensed, or registered by a State to manage municipal or 
industrial wastes (excluding thermal treatment units), in an industrial 
furnace or in a TSCA approved disposal facility (See Unit II.B.2. of 
this preamble). Finally, EPA also proposes to add language to 
Sec. 761.60(b)(4) which states that for a period of not less than 48 
hours, equipment should be allowed to drain, so that as much liquid as 
possible is removed from the equipment to further reduce PCB content 
prior to disposal.

E. Transfer of Totally Enclosed PCBs

    Under current rules, PCB Items with concentrations of 50 ppm or 
greater, sold before July 1, 1979, for purposes other than resale may 
be distributed in commerce in a totally enclosed manner 
(Sec. 761.20(c)(1)). While under Sec. 761.20(c)(1), totally enclosed 
PCB Items such as transformers, and Large High and Low Voltage 
Capacitors 50 ppm (as defined in Sec. 761.3) may be 
distributed in commerce (e.g., sold), EPA requested comment in the 
ANPRM on the requirement that records be maintained on these 
transactions. Generally, commenters were very supportive of the 
requirement that records be maintained to document the distribution in 
commerce of these items.
    With the proposed recordkeeping requirement at 
Sec. 761.180(a)(2)(ix), EPA seeks to prevent illegal disposal of PCB 
Items, including PCB and PCB-contaminated transformers and Large 
Capacitors, by those who explain the disappearance of such items by 
claiming a sale has occurred. To minimize the potential for illegal 
disposal, EPA is proposing that the name, address, and phone number of 
the parties to which the item was transferred, the date of transfer, 
and the identifying number of the item be recorded in the annual 
document log for any distribution in commerce of a PCB Item (excluding 
small capacitors) with a concentration of 50 ppm or greater. In 
addition, EPA suggests that summary information relevant to the 
equipment (e.g., PCB content, servicing, and inspection records) and 
its compliance with applicable sections of part 761 be passed on to the 
new owner.
    EPA had anticipated in the ANPRM that this recordkeeping 
requirement would be imposed pursuant to a sale. However, in order to 
avoid claims that the transaction is exempt from the proposed 
recordkeeping requirement because it involved no transfer of money, EPA 
is proposing to require that any transfer of ownership resulting in the 
transformer or other PCB Item being distributed in commerce, be 
included in the recordkeeping requirement.
    The intent behind this proposed recordkeeping requirement is to 
identify instances of illegal disposal hidden behind the guise of a 
transfer of ownership. As such, EPA is seeking to require additional 
information on transactions which result in the removal of the 
transformers and capacitors from the property. In this proposal, EPA 
would not require the annual document log to identify the transfer of 
ownership of PCB Items (excluding small capacitors) with a 
concentration of 50 ppm or greater when that transfer was included in a 
real estate transfer. For example, a company sells a warehouse and the 
surrounding property. As long as the transformers and capacitors were 
transferred in the same transaction as the real estate, a separate log 
of the transaction would not be necessary.
    A few commenters to the ANPRM suggested that the sale of totally 
enclosed electrical equipment should be banned outright. EPA believes 
that the sale or transfer of totally enclosed PCB Items should not be 
banned and that there is still a legitimate need for such equipment. 
However, EPA believes that additional controls are needed to ensure 
proper disposal of such equipment.
    One commenter stated that a recordkeeping requirement would be 
impossible since not all PCB Items (e.g., PCB-Contaminated 
Transformers, or Large Capacitors) are marked with a serial number. 
Although EPA proposes that the records include the serial number of the 
equipment, the absence of a serial number should not preclude EPA from 
tracing an illegal disposal. Therefore, EPA is proposing that any 
internal identification number that the company uses to identify the 
specific PCB Item be included in the records. Any facility with PCB 
Items (excluding small capacitors) with a concentration of 50 ppm or 
greater not equipped with manufacturer identification numbers should 
develop some mechanism for identifying those pieces of equipment for 
activities such as maintenance or quarterly inspections. The proposal 
would require permanent marking, such as engraving of an internal 
identifying number in a prominent location on the equipment, as a means 
of identifying this equipment. Absent a manufacturer's identification, 
the company's own identification number would have to be documented on 
the records.
    Several commenters recommended that the recordkeeping requirement 
be included in the annual record requirements at Sec. 761.180(a). EPA 
agrees that this would be an appropriate method of maintaining the 
records of a transfer of ownership of a PCB Item (excluding small 
capacitors) with a concentration of 50 ppm or greater. Therefore, EPA 
is proposing to implement this requirement by adding paragraph (ix) to 
Sec. 761.180(a)(2).

F. Change in Reportable Quantity -- Spill Cleanup Policy

    In attempting to provide more consistency with other Federal 
statutes, EPA solicited comments on whether Sec. 761.125(a)(1) should 
be modified to the new reporting requirement to the National Response 
Center. Changing the notice requirements from 10 pounds to 1 pound or 
more of pure PCBs, would reflect changes made to the reportable 
quantity (RQ) under CERCLA at 40 CFR part 302. In addition to seeking 
comments on this issue, the Agency restated its objective in 
establishing the TSCA PCB Spill Cleanup Policy of April 2, 1987; i.e., 
to provide guidance for the cleanup of recent (after May 4, 1987) or 
fresh spills. Commenters conveyed general support for changing the 
National Response Center RQ to 1 pound or more of pure PCBs. However, 
some suggested addressing old spills by applying the TSCA PCB Spill 
Cleanup Policy, while others recommended changes to the Regional 
reporting requirement. In considering these options, EPA concluded it 
is inappropriate to change the current policy to address these issues 
at this time. EPA's objective in initiating this rulemaking is to 
provide flexibility and to remove redundancies without weakening the 
existing policy. Finally, further discussion of EPA's position 
regarding the remediation of old spills can be found by referring to 
Unit II.A., ``Large Volume PCB Wastes'' in this notice.
    In this rule, EPA proposes to change only the notice of a reporting 
requirement to the National Response Center at Sec. 761.125(a)(1) by 
lowering the RQ to 1 pound or more of pure PCBs to be consistent with 
CERCLA.

G. PCB Storage Requirements

    1. Indefinite storage of PCB Articles designated for reuse. EPA 
regulations specifically state at 40 CFR 761.65(a) that any PCB 
Articles or PCB Containers that are stored for disposal shall be 
removed from storage and disposed of within 1 year from the date when 
it was first placed into storage. However, there currently is no 
comparable provision in the regulations that addresses the length of 
time a PCB Article may be stored for reuse. Further, EPA has been made 
aware of situations where PCB Transformers and PCB-Contaminated 
Transformers have been held ``in storage for reuse'' well beyond a time 
when it is reasonable to expect the equipment could be reused. This 
storage is being done under the pretext that the equipment is being 
retained as ``spares'' for critical components of existing electrical 
systems or that at some future date the owner will service the unit. It 
was not EPA's intent to allow PCB Articles that clearly could not be 
reused due to their state of disrepair, and therefore should be 
disposed of, to remain in storage for ``reuse.'' This activity 
constitutes illegal disposal and creates additional risks of 
environmental exposure to PCBs while the equipment is ``in storage for 
reuse.''
    EPA is aware, however, that there are many legitimate instances 
which warrant the storage of PCB equipment for many years for the 
purpose of reuse as spares for critical components of electrical 
systems. These are typically intact and nonleaking PCB Articles which 
are treated as if they were in service. Many comments received in 
response to the ANPRM suggested that limiting storage for reuse would 
in effect amount to a new use restriction without any apparent basis 
from the standpoint of protection of health and the environment. 
Nevertheless, EPA is aware of other situations for which restrictions 
are warranted to minimize potential risks to the environment and health 
from exposure to PCB Articles which are being stored for reuse.
    There are many compelling reasons for allowing the storage for 
reuse of PCB Articles. Since transformers, for example, can easily have 
an active service life of more than 40 years, disposing of this 
equipment prematurely based upon an arbitrary time limit would not be 
economically prudent nor serve any environmental goals. Placing such a 
piece of electrical equipment in storage for reuse to be used as a 
spare or in emergency situations is both prudent and economically 
sound. EPA is proposing to minimize the potential risks associated with 
the storage for reuse of this equipment, that once it is placed in 
storage for reuse it be treated as if it were in use (i.e., in-
service).
    Commenters provided a number of scenarios in which extended storage 
for reuse is warranted: (1) Some PCB Articles are designed and 
manufactured for very specific use and size requirements and for which 
replacement is imperative for the continued uninterrupted operation of 
a facility (i.e., power rectifiers to convert electrical power to a 
usable form for specific manufacturing operations, side-mounted 
bushings, etc.); (2) certain industries must maintain inventories of 
all vintages of spare equipment, for example, owners of locomotive and 
stationary PCB Transformers often maintain these units in storage for 
reuse for a number of years prior to reinstalling and reusing the 
transformer; (3) aircraft and airport operations require airport safety 
and facility operational flexibility and expedient maintenance 
capabilities; (4) changes in facility ownership or business 
transactions may result in the premature storage of some PCB Articles; 
(5) there may also be difficulties forecasting electrical demand or 
specialty needs and obtaining parts for repair which are not readily 
available; and (6) if spares of older designs that had been removed 
from service for reuse could not be maintained, significant changes to 
system design would be necessary and in-service equipment would have to 
be replaced.
    Although EPA takes these many factors and situations into 
consideration, there are nevertheless, situations where the storage for 
reuse policy is abused. This abuse results, or has the potential to 
result, in serious environmental damage. It is these situations which 
the Agency is seeking to control by limiting the time allowed for 
storage for reuse and imposing other safeguards.
    Certain types of businesses, by their nature (e.g., brokers, junk 
yards, service shops, etc.), accumulate larger quantities or volumes of 
PCBs than owners or users (e.g., a utility or industrial facility). 
Besides accumulating large volumes of PCB equipment that in many cases 
are in disrepair and may not be intact and non-leaking, these 
businesses have no intent of reusing the equipment themselves. The 
equipment may be awaiting repair prior to some future resale or may be 
in storage for ``reuse'' prior to purging for metal reclamation. In 
many cases, these units ``in storage for reuse'' remain for years in 
locations that are exposed to the elements which further compromise the 
integrity of the unit.
    Therefore, EPA is proposing to add new Sec. 761.67 to limit storage 
for reuse in an area that was not designed, constructed and operated in 
compliance with Sec. 761.65(b) for a maximum of 3 years from the date a 
PCB Article was taken out of service or 3 years from the effective date 
of the final rule, whichever is later. PCB Articles placed into storage 
for reuse would have to be labeled at the time the PCB Articles were 
taken out of service, or upon the effective date of the final rule, and 
placed into storage for reuse. In addition, the storage for reuse of 
any PCB Article would have to comply with all marking and recordkeeping 
regulations. Information required on these labels would include the 
date the equipment was placed into storage for reuse, or the effective 
date of the final rule if the other date is not known, a projected 
location for the future use of the equipment, and the date the 
equipment was scheduled for repair or servicing, if appropriate.
    Individuals would be required, upon request of an EPA inspector, to 
provide records of the potential use for the stored articles, a 
description of any leak containment precautions, and the PCB status 
(PCB or PCB-Contaminated) of the PCB Article.
    PCB Articles that are intended to be stored for reuse for a period 
longer than 3 years would have to be disposed of unless the person 
storing the PCB Article had requested and received from the Regional 
Administrator for the Region in which the Article is located a written 
approval for an extension of the 3-year period. Anyone requesting an 
extension would be required to do so in writing to the Regional 
Administrator no later than 6 months prior to the expiration of the 
storage for reuse period. Requests for an extension of the storage 
period must include the rationale for exceeding the storage limitation 
on an article-by-article basis. All extension requests would be subject 
to approval by the Regional Administrator and any conditions the 
Regional Administrator deems necessary to protect health or the 
environment. A record of these evaluations would have to be kept at the 
storage site for a minimum of 3 years. EPA also requests comment on the 
inclusion of site-specific or nationwide exemption or waiver provisions 
in addition to the proposed waiver provision.
    One option for stored equipment would be to reclassify the 
equipment in storage for reuse. EPA, in another rulemaking, is 
currently considering modifications to the reclassification regulations 
to facilitate a widespread application of the reclassification 
procedures. Such an approach would significantly reduce the risk that 
might be posed by the longterm storage for reuse of PCB or PCB-
Contaminated equipment. PCB Equipment that is reclassified to non-PCB 
status (i.e., <50 ppm) would not be subject to any of the storage for 
reuse restrictions proposed today. EPA recommends that owners and users 
or brokers and servicers of PCB equipment develop their own ``reuse or 
reclassification schedule'' to account for properly retained equipment. 
The schedule should include a simple inventory to aid in monitoring the 
status of the equipment. This may include the reclassification schedule 
and/or the purpose for storing for reuse.
    One question raised in response to the ANPRM was whether the time 
between a piece of equipment's removal from service for repair and its 
return to the owner is considered storage for reuse. Until a 
determination is made that the piece of equipment can or cannot be 
repaired, any storage of that piece of electrical equipment prior to 
such a determination is considered storage for reuse. The owner of 
malfunctioning equipment that has been sent off-site for repair will 
still be subject to the 1-year time limit for storage and disposal, 
beginning on the date it was determined the equipment could not be 
repaired. Although service facilities may hold units for several months 
while scheduling the unit for repair, EPA views prolonged storage in 
such situations as an abuse of the storage provisions. Records must be 
maintained by the servicers, for review by PCB inspectors, of the dates 
of receipt of the equipment for repair, the type of malfunction, and 
the anticipated date for return of the equipment to the owner or user.
    2. Clarification of the 1-year time limit for storage and disposal. 
EPA proposes to clarify the requirement at Sec. 761.65(a) that states 
that a PCB Article or PCB Container must be disposed of within 1 year 
from the date the item is first placed into storage. EPA is proposing 
to amend the language at Sec. 761.65(a) to explicitly state EPA's 
original intent that the 1-year period begins on the date when the 
equipment is taken out of service and designated for disposal (when it 
is determined by a servicer, for example, that the equipment cannot be 
repaired) not when the equipment is placed into storage for disposal.
    Currently, the 1-year time limit for storage and disposal of drums, 
which are used to collect liquid from various PCB Articles, and for 
other containers used to store the accumulation of PCB wastes such as 
oil, rags, booties, cleanup debris, etc., starts on the day an item is 
first placed into the container for storage for disposal. EPA is not 
proposing to allow the accumulation in containers of these items for 
periods of greater than 1 year except as proposed in Unit III.G.3 of 
this preamble. Currently this waste has to be stored in containers. 
However, comments suggested that this is not a common practice and may 
lead to disagreements within the regulated community. Therefore, EPA is 
proposing to change the language at Sec. 761.65(a) from ``PCB Article 
and PCB Containers'' to ``PCBs or PCB Items'' to effectively capture 
all storage scenarios.
    For transformers that are taken out of service but are not drained 
until later, the 1-year clock, for both the oil and the transformer, 
starts when the transformer is taken out of service and designated for 
disposal (i.e., the date of removal from service for disposal). EPA 
also wants to clarify that the start date for the 1-year period for 
disposal (and any other applicable requirements) for PCBs legally 
returned into the United States for disposal (see Unit II.D.3.h and 
proposed Sec. 761.20(b)(3)) is the date the PCBs reach the port of 
entry in the continental United States, or the date the PCBs reach the 
port of entry if the disposal facility is outside the continental 
United States or if the waste is stored during transport for more than 
10 days in a State. This policy applies to certain PCBs, to include 
wastes containing PCBs at less than 50 ppm which are imported for 
disposal. The policy also applies to PCBs purchased in the United 
States., by the U.S. Government, taken overseas for use (including any 
wastes directly resulting from the remediation of these PCBs), and 
subsequently returned to the United States for disposal in an approved 
facility from U.S. embassies, U.S. military installations, other U.S. 
Government installations or territories, and PCBs imported under any 
Federal administrative order issued under TSCA or any Federal court 
action.
    3. Situations which warrant an extension or waiver of the 1-year 
time limit for storage and disposal. In the June 10, 1991 ANPRM, EPA 
solicited comments on whether an extension of the 1-year time limit for 
storage and disposal requirement would be appropriate in situations, 
for example, innovative PCB destructive technologies; such as 
biological treatment technologies that may take more than 1 year to 
achieve acceptable levels; and the absence of disposal capacity, 
specifically for PCB/radioactive wastes. Comments on alternative 
options, procedures and/or restrictions for dealing with such 
situations were also requested. EPA received several comments, most of 
which supported the establishment of a provision which would allow the 
Regional Administrator for the Region in which the material is stored, 
or the Director, CMD, if the Director issued the permit, to recognize 
situations which require more than the 1-year time limit for storage 
and disposal, and to grant an extension to the requirement.
    Commenters also identified other situations for which they believe 
equal consideration should be given to extending the 1-year time limit 
for storage and disposal. These situations included: (1) Technologies, 
such as thermal separation (thermal desorption) and bioremediation, 
that require more than 1 year to process waste at a remediation site; 
(2) limited expedited remedial action undertaken ahead of the main 
remediation effort; and (3) conflicting remediation or disposal 
requirements associated with the presence of certain co-regulated 
wastes from which the PCBs cannot be separated (i.e., such as mine 
cable coated with a solid anti-fouling compound containing both PCBs 
and mercury).
    Most commenters supported the grounds for extension cited in the 
ANPRM (justification of need, demonstration that treatment/disposal 
options are being pursued, and the submission of periodic progress 
reports). Other commenters offered variations on the EPA proposal 
including: (1) Modify regulations to allow DOE to seek an extension on 
a complex-wide, multifacility basis to address the PCB/radioactive 
waste situation and to submit reports on a biennial basis; (2) for PCB/
radioactive wastes, also require compliance with ALARA principles; (3) 
use a letter rather than the permit process as the mechanism for 
granting extensions; (4) make the extension effective upon submission 
of the request, or alternatively, make the extension automatic if the 
Agency does not object within 90 days; and (5) eliminate the 1-year 
limitation for extensions.
    EPA has considered these suggestions and is proposing several 
changes to Sec. 761.65(a). First, criteria for extending the 1-year 
time limit for storage and disposal requirement include, but are not 
limited to: A demonstrated need to store wastes beyond the 1-year time 
limit due to a lack of disposal capacity, the absence of a treatment 
technology, or insufficient time to complete the treatment/destruction 
process and a demonstration that relevant treatment or disposal 
requirements are being pursued. Additional criteria for PCB/radioactive 
waste, PCB/fissionable radioactive wastes, or RCRA/mixed wastes and 
PCB/RCRA wastes could also be required to comply with the requirements 
of the appropriate Federal, (i.e., Nuclear Regulatory Commission or 
EPA) or State regulatory authorities.
    Anyone storing PCB waste that was subject to the 1-year time limit 
could provide written notification to the Regional Administrator for 
the Region in which the PCB waste was stored that they had been 
unsuccessful in their continuing attempts to dispose of their waste 
within the 1-year time limit and could receive an extension for one 
additional year provided certain conditions were met. Second, the 
Regional Administrator could grant additional extensions of 1-year or 
longer upon receipt of a justified request. Third, EPA would consider 
including site-specific time frames for storage and disposal, where 
appropriate, when approving a TSCA PCB storage or disposal application 
or a modification to a previously issued approval (see Sec. 761.60(e) 
or Sec. 761.65(d)).
    However, EPA is less receptive to allowing organizations to develop 
complex-wide (i.e., nationwide) justifications and/or reports of their 
storage and disposal activities. If the data were allowed to be 
submitted in an aggregate form, resources would be required to 
disaggregate the information and transmit the data to the appropriate 
Regional Administrator. Nonetheless, EPA would consider aggregation of 
these data on a Regional basis for submission to and approval by the 
Regional Administrator for the Region in which the materials are 
stored.
    Finally, under the proposal EPA may impose conditions when 
approving requests for an extension. These conditions would vary due to 
the specifics of each situation. Therefore, it is not possible to list 
every conceivable requirement that could be imposed on a facility in 
granting additional or longer extensions. EPA is proposing that the 
Regional Administrator or the Director, CMD, may require any 
information deemed necessary to ensure protection of health and the 
environment, and may likewise require that additional steps be taken 
during the storage period, such as marking, inspection, recordkeeping 
or financial assurance or complying with ALARA principles for PCB/
radioactive wastes to protect health or the environment.
    EPA wishes to make a distinction between those situations for which 
an extension of the storage and disposal requirement may be legitimate 
(see example (3) above) versus those situations that would result in 
the abuse of such an extension, such as the acceptance of PCB wastes in 
excess of the capacity limitations imposed either by the permit or the 
physical constraints of the technology being used. EPA does not believe 
an extension of the storage and disposal requirement is warranted 
because of failure to initiate attempts to obtain disposal capacity, 
the cost of disposal, or to allow for the aggregation by multiple 
generators of PCB wastes into one vehicle for shipment. EPA is not 
modifying its view that PCB wastes should be properly managed and 
disposed of as quickly as possible, and therefore is not inclined to 
take steps that would relieve the generator of its responsibility to 
remove the PCBs from the environment in a timely manner. On the other 
hand, individuals engaged in on-site remediation activities are most 
likely conducting those activities in accordance with some instrument 
developed by EPA, another Federal agency, or a State that provides 
instruction on what/how the project is to be conducted and when the 
project is to be completed (as the case may be for examples (1) and (2) 
above). In these instances, the TSCA PCB permit and 1-year time limit 
for storage and disposal may not apply. (Also see the discussion 
regarding the Coordinated Approval provision at Unit III.K. of this 
preamble.)
    EPA would also consider extension requests to be legitimate when an 
individual's ability to store and dispose of PCBs within the 1 year is 
inhibited by other Federal or State disposal/remedial requirements 
(e.g., RCRA, CERCLA, the Clean Water Act (CWA), the Clean Air Act 
(CAA)), or any statute governing remedial actions which involve PCBs at 
or derived from federally-regulated levels.
    4. Temporary storage of PCB liquid at 500 ppm or greater. Under the 
existing regulations at Sec. 761.65(c)(1), temporary storage is allowed 
for certain PCB Items, including PCB Containers that are filled with 
liquid containing PCBs at concentrations of 50 to 499 ppm in an area 
that does not meet the requirements of paragraph (b) of that section 
for up to 30 days from the date of their removal from use. In the case 
of liquid PCBs, a Spill Prevention, Control, and Countermeasure (SPCC) 
Plan must be in place for the temporary storage area in accordance with 
40 CFR part 112. The current regulations, however, do not authorize 
temporary storage of liquids containing PCBs with a concentration of 
500 ppm or greater. However, the current regulations at 
Sec. 761.20(c)(2) authorize the processing and distribution in commerce 
of PCBs and PCB Items greater than 50 ppm for purposes of disposal.
    The Agency does not believe that there are significant risks 
associated with temporarily storing for disposal PCB liquids at 
concentrations greater than 500 ppm provided the waste is in containers 
meeting DOT specifications and an SPCC plan is implemented. In the 
ANPRM, EPA suggested two approaches to amending the regulations to 
allow the temporary storage of liquids greater than 500 ppm: (1) To add 
a provision to allow temporary storage of liquid with concentrations of 
500 ppm or greater at Sec. 761.65(c)(1), or (2) to consider the 
holding/storing of this liquid as a step in the disposal process. Most 
commenters supported the option of amending the temporary storage 
provision at Sec. 761.65(c) as opposed to amending the provision at 
Sec. 761.20(c) which allows the processing and distribution in commerce 
of PCBs and PCB Items for disposal. Many commenters also suggested 
increasing the 30-day time allotted for temporary storage.
    The Agency believes it is appropriate to extend the allowance for 
temporary storage for disposal of liquid PCB waste above 500 ppm, but 
not beyond the existing 30-day limit. The point of the 30-day temporary 
storage provision is to allow for the accumulation of waste prior to 
shipment to a disposal facility or commercial storage facility. This 
rationale should also apply to liquids above 500 ppm, especially when 
one considers the preponderance of PCB Transformer owners who are 
opting for reclassification of these units. To have them build or ship 
to a formal storage area in each instance would be unduly burdensome.
    EPA is proposing that the 30-day temporary provision at 
Sec. 761.65(c)(1) be extended to liquids at 500 ppm or greater, 
provided an SPCC Plan is in place and the liquid waste is in stationary 
bulk storage tanks (excluding rolling stock such as, but not limited 
to, tanker trucks) or DOT specification containers.
    5. Storage of large PCB Capacitors and PCB-Contaminated equipment 
on pallets next to a qualified storage area. The storage for disposal 
of non-leaking and structurally undamaged Large High Voltage capacitors 
and PCB-Contaminated Transformers on pallets next to qualified storage 
areas was permitted until January 1, 1983, under the May 31, 1979, PCB 
rule (formerly 40 CFR 761.42(c)(2)). This provision was designed to 
relieve the burden on PCB storage facilities until EPA-approved 
incineration facilities were commercially available.
    In light of the fact that EPA was initiating an accelerated 
phaseout of Large PCB Capacitors (Final Electrical Equipment Use Rule, 
August 25, 1982, 47 FR 37342), EPA recognized that there would be a 
need for additional storage space for this type of equipment. 
Therefore, temporary storage for disposal was allowed indefinitely 
after January 1, 1983, on pallets next to a qualified storage facility 
for PCB-Contaminated Electrical Equipment and PCB Large High Voltage 
Capacitors (Sec. 761.65(c)(2)).
    In today's proposal, EPA is proposing to delete Sec. 761.65(c)(2) 
from the PCB regulations since the October 1, 1988 phaseout date 
(Sec. 761.30(l)(1)) for most uses of PCB Large High Voltage Capacitors 
has passed and there should no longer be a need for additional storage 
space for this type of equipment. In addition, EPA does not believe 
that this provision is needed for PCB-Contaminated Electrical Equipment 
because this equipment is typically drained prior to disposal and the 
drained hull or carcass is not subject to the storage for disposal 
provisions of Sec. 761.65.
    The current PCB regulations do not prohibit expansion of the 
storage capacity of a given storage area as long as, in the case of 
commercial storage facilities, the closure plan, and financial 
assurance mechanisms are also adjusted to reflect the increased amount 
of waste stored at the facility. EPA believes that the deletion of this 
provision for storage on pallets next to a qualified storage area will 
not result in undue hardships on existing storage facilities.
    EPA is soliciting comments on the appropriateness of deleting this 
provision and also seeks information from storers of PCB waste as to 
whether they are currently utilizing the provisions of 
Sec. 761.65(c)(2).
    6. Alternate storage of PCBs. EPA is proposing a modification at 
Sec. 761.65(b)(2) to the storage requirements to allow the storage of 
PCBs and PCB Items designated for disposal in waste management units 
permitted by EPA under section 3004 of RCRA or by a State authorized 
under section 3006 of RCRA to manage hazardous waste in containers. 
This proposal would also allow the storage in units otherwise regulated 
by a State under a TSCA look-alike law or approved as part of a PCB 
disposal approval. EPA believes that the RCRA requirements for 
permitted container storage units provide an equal level of protection 
to the TSCA requirements, and preclude an unreasonable risk of injury 
from PCBs (i.e., recordkeeping, waste tracking, secondary containment, 
monitoring for leaks, inspections, and financial assurance and closure 
requirements). This proposal does not extend to units operating in 
interim status under RCRA. All other requirements for PCB wastes, 
including but not limited to containerization, marking, recordkeeping, 
manifesting, and spill cleanup would continue to apply. Any PCBs or PCB 
Items that are currently required to be stored in compliance with 40 
CFR 761.65(b)(1) would be eligible. PCBs, especially large volume 
wastes, which would otherwise be required to be stored in compliance 
with this section could be stored instead under the terms and 
conditions of a PCB disposal approval. It may not be feasible or 
desirable to construct a PCB storage area where large volumes of PCB 
remediation wastes or PCB Items are concerned. EPA views storage and 
disposal of PCB wastes as a continuum and believes this issue of 
storage of large volume wastes is best addressed on a case-by-case 
basis through the PCB approval or other permitting process. However, 
anyone subject to the PCB storage requirements could choose to follow 
Sec. 761.65(b)(1) and not avail themselves of these other options.
    7. Storage requirements for PCB Article Containers. Under 
Sec. 761.65(c)(5), PCB Articles and PCB Containers are required to be 
checked periodically for leaks, and Sec. 761.65(c)(8) requires that 
they be dated when they are placed into storage. By not including PCB 
Article Containers in Sec. 761.65(c)(5) and (c)(8), a loophole exists 
that allows a storage unit owner to omit dating and inspecting these 
containers and to circumvent the 1-year time limit for storage and 
disposal requirement. Therefore, EPA is proposing to correct this 
oversight by replacing the phrase ``PCB Articles and PCB Containers'' 
with ``PCB Items'' wherever it occurs in Sec. 761.65(c)(5) and (c)(8).
    8. Recordkeeping requirements for storage unit operators. Certain 
additional recordkeeping requirements for storage unit operators are 
being proposed under Sec. 761.180(a)(1) and (b)(1). The first addition 
would be to require the operator to maintain a record of the 
inspections for leaks, and cleanups, that must be performed under 
Sec. 761.65(c)(5). Currently, EPA inspectors have no way to verify that 
unit operators are complying with these requirements.
    In addition, EPA is proposing that storage unit operators keep an 
up-to-date written inventory or log of what they are currently holding 
in their unit. The annual log requires similar information; but since 
it is an annual summary, it does not reflect what is actually in a unit 
on a given day and thus is of no assistance to an EPA inspector 
performing a site inspection. Although this would be an additional 
recordkeeping requirement, EPA believes that it would not place any 
additional burden on unit operations. EPA believes that most operators 
maintain some sort of inventory; maintenance of such is almost a 
necessity to properly manage a facility, as well as to ensure 
compliance with the 1-year time limit for storage and disposal 
deadline, and to collect data for the annual log. Allowing EPA 
inspectors access to this inventory would greatly facilitate on-site 
inspections, particularly at larger facilities. Also, since the purpose 
of this inventory is to facilitate on-site inspections, EPA is 
requiring that the inventory be maintained on-site at the storage unit, 
rather than at a central facility. This requirement to maintain the 
inventory on-site applies only to this inventory, and affects no other 
portion on the annual records.
    9. Revision to storage unit criteria.  Proposed 
Sec. 761.65(b)(1)(iv) would reflect the proposed definition of ``Porous 
surface'' found at Sec. 761.3. This proposed definition includes 
concrete and cement within the definition of ``Porous surface.'' The 
reference to Portland cement or concrete in Sec. 761.65(b)(1)(iv) as 
impervious would be inconsistent with the proposed definition of 
``Porous surface.'' The references to Portland cement and concrete 
would not be deleted, however, from Sec. 761.65(b)(1)(iv) because this 
would create a situation where all existing storage units that have 
used Portland cement or concrete would be out of compliance. Therefore, 
the references have remained, albeit parenthetically, to Portland 
cement or concrete as acceptable. EPA would recommend, however, that 
nonporous surfaces be used for curbing and flooring for storage units 
since cleanup of nonporous surfaces is easier and less costly.

H. ASTM References

    EPA has incorporated by reference several test standards developed 
by the American Society for Testing and Materials (ASTM) which describe 
various testing and sampling procedures for conducting PCB analyses. 
These standards are referenced throughout 40 CFR part 761, and a 
listing of the applicable test methods can be found in the back of the 
CFR under the heading ``Material Approved for Incorporation by 
Reference;'' 40 CFR chapter I (parts 761, 763)--Subchapter R--Toxic 
Substances Control Act, Environmental Protection Agency.
    EPA published a final rule on April 16, 1992, which updated the 
listing of the ASTM test standards incorporated by reference in the PCB 
regulations. In that rule, EPA indicated that copies of ASTM standards 
were available for inspection and copying at the TSCA Public Reading 
Room. This notation is also included at Sec. 761.19 which states: 
``Copies of the incorporated material may be obtained from the TSCA 
Public Docket Office (7407) Rm. B-607, Northeast Mall, Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460, or from the American Society for 
Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 
19103.'' On May 21, 1992, ASTM contacted EPA and requested that the 
Agency either produce a copy of an existing agreement that grants EPA 
permission to reproduce ASTM standards (i.e., copyrighted material) or 
refrain from making further copies until permission is granted.
    While EPA does not believe that copyright law prohibits the copying 
of copyrighted materials that are part of a statute or regulation, EPA 
has offered to refer requests for copies of the ASTM standards to ASTM. 
EPA's offer, however, makes clear that EPA will continue to satisfy 
requests for these documents under the Freedom of Information Act. 
Therefore, in today's notice, EPA is proposing to modify the regulatory 
text at Sec. 761.19.
    EPA also received one comment reminding the Agency of an earlier 
commitment to propose the addition of ASTM Method D-4059, ``Standard 
Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids 
by Gas Chromatography,'' which ASTM has validated through a series of 
round robin tests, to the list of references. Copies of the test 
method, ASTM D-4059, are available for public inspection at the TSCA 
Nonconfidential Information Center (7407), Office of Pollution 
Prevention and Toxics, Rm. B-607, Northeast Mall, at the address listed 
earlier in this notice. Copies of the standard are available from the 
ASTM, 1916 Race Street, Philadelphia, PA 19103. Instead of 
incorporating this standard, EPA proposes adding 
Secs. 761.60(g)(1)(iii) and (2)(iii) to identify ASTM D-4059 and other 
applicable EPA procedures as standards that can be used for the 
analysis of PCBs when using gas chromatography. Comments are invited on 
whether the PCB regulations at 40 CFR part 761 should be amended to 
include this procedure.

I. Manufacture of PCBs for Disposal-Related Studies

    EPA received comments that the current regulatory requirement to 
obtain a rearch and development (R&D) approval (Secs. 761.60(e) and (i) 
and Sec. 761.70(a) and (b)) limits innovative development of effective 
remediation technologies such as identifying biological and other 
innovative processes that destroy or contain PCBs, developing 
technologies that can enhance those processes, finding methods of 
separating PCB contaminants from other media, and identifying 
contaminants present in environmental samples so that appropriate 
remediation techniques may be selected and applied. A comment was 
submitted for EPA's consideration citing as rationale for a change the 
regulation's inflexible and harmful effects on international scientific 
exchange and U.S. competitive/technological advancement.
    The commenter included a suggestion that EPA eliminate the 
requirement to obtain a R&D approval for research into the disposal of 
PCBs, allow the manufacture of 13.23 lbs. of PCBs per facility 
annually, and eliminate restrictions placed on the import/export of 
PCBs. The comment would require notification of the Regional 
Administrator of the facility's site, the amount of PCBs to be handled, 
whether R&D activities were laboratory scale or not, and whether PCBs 
would be manufactured. Additionally, the principal researcher would be 
required to certify that the R&D facility would be in compliance with 
the terms of the PCB regulations. Other features of the comment 
included storage of materials pursuant to the requirements at 
Sec. 761.65(b) and (c), labelling the work areas with the ML mark, 
maintenance of a log covering materials received and shipped (e.g., 
date, source, PCB weight, media), compliance with OSHA laboratory and 
recognized research practices, disposal of materials within 1 year of 
completion of the R&D activity, and a provision that the Regional 
Administrator could terminate the R&D activities if a determination 
could be made that the PCB regulations had been violated or that bona 
fide R&D activities were not being conducted at the facility. Finally, 
the material would be shipped in compliance with DOT regulations, or if 
applicable, the laws of a foreign nation.
    The potential quantity of PCBs the comment would allow each R&D 
facility to manufacture (i.e., 0.5 kilograms within 30 days, or roughly 
13.23 pounds per year per facility) is of particular concern to the 
Agency. EPA recognizes the public policy importance of PCB research; 
however, there is a need to maintain a certain level of control over 
the manufacture of PCBs for R&D activities. Further, as more countries 
ratify international agreements to control the movement of PCBs across 
their borders, it would be inappropriate for the United States to 
establish a rule or policy that would allow the indiscriminate 
transboundary movement of PCBs.
    EPA has considered the commenter's proposal and in Sec. 761.80(e) 
is proposing to grant a class exemption to all R&D facilities to 
manufacture (including import) PCBs solely for the facility's own 
research for the development of PCB disposal technologies, but not for 
purposes of distributing in commerce the PCBs that are manufactured. 
For purposes of this rulemaking provision, use ``solely in a facility's 
own research'' would mean use by the manufacturer or one of its wholly 
owned subsidiaries conducting disposal-related research and 
development. All PCBs and materials containing PCBs, regardless of 
concentration, resulting from the conduct of disposal-related studies, 
would be required to be decontaminated or disposed of pursuant to the 
original PCB concentration. EPA proposes to limit PCB manufacturing, 
including import, activities to no more than 454 grams (or 1 pound) of 
PCBs per year. Since PCBs are generally used in extremely small 
quantities (i.e., micrograms) during R&D activities, EPA believes, 
based on its experience in issuing R&D approvals, that an annual 
limitation on the manufacture of PCBs at no more than 1 pound for each 
R&D facility should be adequate. Individuals wishing to exceed this 
amount would be required to submit a petition pursuant to TSCA section 
6(e)(3)(B) and the interim procedural rules at 40 CFR part 750. 
Likewise, EPA is proposing to grant a class exemption at Sec. 761.80(g) 
to allows the processing and distribution in commerce of PCBs for the 
purpose of exporting PCBs for research and development.
    To be included in the class exemption, a petition for an exemption 
from the manufacturing prohibitions would have to be received by EPA 
within 60 days of the effective date of the final rule or 60 days prior 
to engaging in this activity. Renewals of or modifications to the 
petition would be required annually pursuant to the interim procedures 
for manufacturing exemptions at Sec. 750.11(e)(1), as finalized in the 
Federal Register of April 11, 1994 (59 FR 16991). In order to reduce 
the paperwork burden of the renewal process for the class, EPA would 
deem a properly filed request for a renewal of the exemption by any 
member of the class as a renewal request for the entire class. In 
addition, to ensure the manufacture of PCBs is being conducted for 
purposes of research and development into the disposal of PCBs, EPA is 
proposing that the Regional Administrator be notified in writing 30 
days prior to the commencement of R&D activities that require the 
manufacture of PCBs. However, this notification would not be required 
if an individual has obtained a PCB R&D approval from EPA pursuant to 
Secs. 761.60(a), (i)(2), and Secs. 761.70(a) or 761.70(b) and the 
approval contains a provision regarding the manufacture of PCBs.
    In granting an exemption under section 6(e)(3)(B) of TSCA, a 
demonstration must be made that there is no unreasonable risk of injury 
to health or the environment associated with the exempted activity and 
that good faith efforts have been conducted to find a substitute for 
PCBs.
    OSHA regulates workplace safety in laboratories under 29 CFR 
1910.1450. These regulations define ``laboratory'' as ``a facility 
where the 'laboratory use of hazardous chemicals' occurs. It is a 
workplace where relatively small quantities of hazardous chemicals are 
used on a non-production basis.'' ``Laboratory scale'' means ``work 
with substances in which the containers used for reactions, transfers, 
and other handling of substances are designed to be easily and safely 
manipulated by one person.'' ``Laboratory scale'' excludes those 
workplaces whose function is to provide commercial quantities of 
materials.
    Under 29 CFR 1910.1450, an employer, among other requirements, must 
develop and carry out the provisions of a written Chemical Hygiene Plan 
for employees working in laboratories. Appendix A of that section is 
non-mandatory, but provides guidance to assist employers. The guidance 
in Appendix A was extracted from ``Prudent Practices for Handling 
Hazardous Chemicals in Laboratories,'' which is available from the 
National Academy Press, 2101 Constitution Avenue, NW., Washington, DC 
20418.
    ``Prudent Practices'' is cited in the OSHA regulations because of 
its wide distribution and acceptance and because of its preparation by 
members of the laboratory community through the sponsorship of the 
National Research Council. ``Prudent Practices'' deals with both safety 
and chemical hazards, while the OSHA laboratory standard is concerned 
primarily with chemical hazards.
    EPA believes that the limited manufacture (i.e., 1 pound or less of 
PCBs) and use of PCBs in conducting research pursuant to the OSHA 
workplace safety requirements would not result in an environmental 
release of PCBs or risks of exposure to PCBs due to the highly trained 
nature of laboratory workers and scientists, the limitation on the 
volume of production, and the current marking regulations that require 
containers be labelled as containing PCBs. Instrumentation contaminated 
with PCBs would be required to be decontaminated in accordance with 
current requirements at Sec. 761.79, using a triple rinse procedure in 
which each rinse is 10 percent or greater of the volume of the 
container, or disposed of pursuant to the regulations at 40 CFR 761.60. 
Finally, all wastes, including diluted PCB materials and any PCB 
residues or other contaminated media, would be subject to the 1-year 
time limit for storage and disposal requirements at Sec. 761.65 and 
Sec. 761.60 and the manifesting requirements at Sec. 761.207 et seq.
    The good faith efforts finding does not apply because other 
chemicals cannot be substituted in toxicological, environmental or 
analytical testing for PCBs.
    The Agency solicits comments on its proposal to establish a class 
exemption that authorizes the limited manufacture, or import, of PCBs 
for use in one's own research for the purpose of conducting disposal-
related studies.

 J. PCB Samples and Standards

    EPA has received a number of inquiries as to whether ``round 
robin'' analytical exercises or inter-laboratory studies require 
exemptions from the ban on the distribution of PCBs. EPA's response has 
been that these exercises may be exempt if they meet the requirements 
of the current provision at Sec. 761.80(g). These kinds of activities 
are normally conducted as quality assurance measures to test or verify 
a laboratory's performance using a given chemical analysis methodology.
    In authorizing the processing and distribution in commerce of small 
quantities of PCBs for research and development in 1984, EPA was 
addressing the need to process and distribute in commerce PCBs for 
activities such as toxicological and environmental testing and 
analytical testing that include analyzing and monitoring PCBs in the 
air, soil, surface waters, and sediments; conducting bioassays and 
toxicological studies; and producing reference standards for 
identifying PCBs using gas chromatography (49 FR 28162, July 10, 1984). 
``Small quantities for research and development'' is currently defined 
at Sec. 761.3 as ``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 
analysis of, PCBs, but not for research or analysis for the development 
of a PCB product.''
    EPA intends to retain the class exemption at Sec. 761.80(g) so that 
these activities may be continued without disruption. So as not to 
change the scope of the class exemption at Sec. 761.80(g), EPA proposes 
to modify Sec. 761.80(g) by adding to it the criteria currently found 
at Sec. 761.3 in the definition of small quantities for research and 
development. Further, EPA is proposing, for purposes of consistency, to 
modify the provision at Sec. 761.80(o) that addresses the renewal 
requirements for the class exemption at Sec. 761.80(g). Under current 
section Sec. 761.80(g)(2), any person or company covered by the class 
exemption who expects to exceed the limitation on the amount of PCBs 
that may be processed or distributed in commerce in 1 year (100 grams 
or 0.22 pound) must report to (i.e., petition) EPA, identifying the 
sites of PCB activities and the quantity of PCBs to be processed or 
distributed in commerce pursuant to Sec. 761.80(g)(2). EPA is proposing 
to modify Sec. 761.80(o) to clarify that activities being conducted 
under the class exemption may be continued only when the activities 
conform to the provision at Sec. 761.80(g). To increase the quantities 
of PCBs that are processed or distributed at Sec. 761.80(g)(2), 
individuals must submit a written request to the Director, CMD for 
approval to exceed the 100 grams limit prior to engaging in the 
activity. Each request must include a justification for the increase. 
Any increase granted will be in writing and will extend only for the 
time remaining in a specific exemption year.
    EPA also recognizes that some laboratories may work with amounts of 
media containing PCBs that are needed for chemical analysis procedures 
at required quantitation levels and which will not fit into 5.0 
milliliter hermetically sealed vials. For example, many non-academic 
research scenarios require the use of contaminated media to conduct 
chemical analyses; to conduct health and environmental studies; and as 
quality assurance samples for evaluating innovative disposal 
technologies. Increasing efforts are being devoted to remediating PCB 
contamination, whether under TSCA or some other environmental statute. 
As a result, the use of media containing PCBs as quality assurance 
environmental samples plays a much larger role in the disposal universe 
than it did initially. Today, environmental samples containing PCBs are 
required and are used in conducting research activities to determine 
toxicity, health, environmental, and other effects. The Agency's intent 
in proposing to broaden the use authorization at Sec. 761.30(j) and to 
add a class exemption for processors and distributors of media 
containing PCBs at Sec. 761.80(i) is to promote required testing for 
toxicity and health effects which may be used in setting risk-based 
cleanup levels at PCB remediation sites.
    1. Use authorization.  Under the current Sec. 761.30(j), PCBs may 
be used in small quantities for research and development. That term is 
narrowly defined at Sec. 761.3. PCB uses not compatible with the 
limitations established by that definition can only be authorized 
through rulemaking or a disposal approval under Secs. 761.60(e), 
761.60(i)(2), or 761.70(a) and (b), if the PCBs are to be used in 
conjunction with developing disposal technologies. This proposal would 
delete the definition of ``small quantities for research and 
development'' and would modify Sec. 761.30(j) to allow the use for 
research and development of PCBs in organic liquids and contaminated 
media other than organic liquids which did not exceed the proposed 
material limitations. This change would eliminate the time-consuming 
process of obtaining an approval or awaiting regulatory changes for the 
use of PCBs when conducting tests to determine toxicity, health, 
environmental, and other effects.
    Under proposed Sec. 761.30(j), permissible research and development 
activities would include, but not be limited to, scientific 
experimentation or chemical research on PCBs, and the chemical analysis 
of PCBs and testing to determine: biochemical transport processes; 
environmental transport processes; the effects of PCBs on aquatic and 
terrestrial environments; and the health effects of PCBs such as 
general toxicity, subchronic toxicity, chronic toxicity, specific 
organ/tissue toxicity, neurotoxicity, genetic toxicity, and metabolic 
products. However, permissible research and development activities 
would not include research or analysis for the development of a PCB 
product. This section would allow the continued use of PCBs in limited 
quantities for research and development provided the PCBs were 
originally packaged in hermetically sealed containers no larger than 5 
milliliters, or as samples of environmental media containing PCBs in 
containers larger than 5 milliliters that had been packaged pursuant to 
the DOT performance standards at 49 CFR parts 171-180 when the 
following requirements were met:
    (a) The Regional Administrator was notified in writing 30 days 
prior to the commencement of any R&D activity authorized under this 
section. Notifications would have to include information which 
identifies the sites of PCB R&D activities, the quantity of PCBs to be 
used, the type of R&D process to be used, the kind of material being 
treated, and includes an estimate of the duration of the PCB activity.
    (b) No more than 100 grams of pure PCBs could be used annually at a 
facility.
    (c) All PCB wastes (e.g., spent laboratory samples, residuals, 
unused samples, contaminated media/instrumentation, clothing, etc.) 
would have to be stored in a unit that complies with the storage 
requirements of Sec. 761.65(b).
    (d) Manifests were used for all R&D PCB wastes being transported 
from the R&D facility to a storage and/or disposal facility.
    (e) Requests would have to be submitted in writing to the Regional 
Administrator for approval to exceed the 100 grams in total weight of 
pure PCB limitation for use in non-disposal PCB research and 
development activities. Such requests would have to provide a 
justification for the additional quantity needed, as well as specify 
the quantity of PCBs that would be needed. The approval would be in 
writing, signed by the Regional Administrator, and include all 
requirements that would be applicable to the R&D activity.
    All R&D facilities would have to comply with the applicable storage 
and disposal requirements of subpart D, and applicable Federal, State, 
and local laws and regulations. The requirements at Sec. 761.207 to 
manifest PCB waste at concentrations of 50 ppm or greater would not 
apply to PCB samples taken from any PCB waste and sent off-site to be 
used for research and development under proposed Sec. 761.30(j). In 
addition, all PCB wastes would be subject to the 1-year time limit for 
storage and disposal requirements at Sec. 761.65.
    This proposal would create a distinction between PCB wastes that a 
generator decides to place into storage or send to a disposal facility 
for final disposal, to which manifesting requirements would still 
apply, and PCB samples that remain in use for quantitative analysis of 
constituents in the samples and PCBs which are sent for treatability or 
other limited research and development for PCB disposal activities, 
such as, materials containing 50 ppm PCBs as a result of a 
spill. Samples of materials containing PCBs and meeting the 
requirements of the proposed revised use authorization would be 
considered ``PCB materials in use'' and not PCB wastes. Manifests would 
not be required to return unused samples under Sec. 761.30(j), or 
untreated samples under Sec. 761.60(j), to the site of generation, such 
as a Superfund remediation site, or under the provisions of proposed 
Sec. 761.77, Coordinated Approval. (See Unit III.K. of this preamble 
for a discussion of the Coordinated Approval.) However, spent 
laboratory or R&D samples could not be placed back in use after 
completion of the study. Materials not returned to the site of 
generation would then be considered wastes and would be required to be 
disposed of pursuant to the provisions at Sec. 761.60. Individuals 
handling waste that had been subsequently placed into storage for 
disposal or shipped to a disposal facility would again be subject to 
the notification and manifesting requirements of subpart K.
    EPA also received a proposal regarding research and development 
activities in which the commenter questioned why regulatory approval is 
required for PCB R&D activities when no such impediment is imposed on 
facilities that are engaged in research involving neurotoxins, 
bioactive micro-organisms, and highly radioactive substances. Proposed 
changes in Sec. 761.30(j) would make it clear that EPA has interpreted 
that research on the physical properties, chemical properties, chemical 
analysis, toxicity, health effects, and environmental effects of PCBs 
falls under the use authorization in that paragraph. Treatability 
research on the disposal of any kind of PCB waste, using any kind of 
disposal technology, including the use of microorganisms to degrade, 
destroy, or chemically alter PCBs, falls under disposal and not use, 
and is being addressed in the new proposed Sec. 761.60(j). Facilities 
that conduct treatability research or R&D into PCB disposal would have 
to comply with applicable notification requirements of subpart K, the 
storage and disposal requirements of subpart D, and applicable Federal, 
State, and local laws and regulations. To comply with the notification 
requirements of Sec. 761.205, the facility would have to notify EPA 
using EPA Form 7710-53, ``Notification of PCB Activity''. (For the 
reader's convenience, a copy of the draft revised form is inserted in 
this part of the preamble; when the rule becomes effective, the final 
version may be used to notify EPA of PCB waste handling activities. The 
form will not appear in the codified text.)

BILLING CODE 6560-50-F

TP06DE94.011


TP06DE94.012


BILLING CODE 6560-50-C
Although processors/distributors would have the option of expanding 
their processing/distributing activities, they would also incur the 
responsibility of providing, in the form of a petition, notification to 
EPA if they chose also to process and distribute in commerce media 
containing PCBs.
    In the ANPRM, EPA solicited comments on whether it should codify 
its policy that exempts EPA laboratories and other U.S. Government 
agency laboratories, i.e., the National Institute for Standards and 
Testing (NIST), from the processing and distribution in commerce 
prohibitions when such activity is being conducted to effectively 
implement or enforce the regulations. Since an accurate determination 
of PCB concentration is the basis for compliance with many of the PCB 
regulations, such activities are crucial for effective compliance by 
the regulated community and effective enforcement by EPA. Therefore, 
the class exemption at Sec. 761.80(i) is intended to also address the 
need for EPA and other Federal Government laboratories to process and 
distribute in commerce small quantities of PCBs for purposes of 
supporting enforcement or compliance activities.
    EPA is proposing at Sec. 761.80(p) that a properly filed request 
for a renewal of the exemption by any member of the class would be 
deemed a renewal request for the entire class.
    Individual processors/distributors wishing to exceed the limit of 
100 grams by total weight of pure PCBs proposed at Sec. 761.80(i) would 
have to obtain approval from the Director, Chemical Management Division 
who may grant approval, without further rulemaking, to any processor or 
distributor who qualifies for the exemption.
    The standards imposed by TSCA section 6(e)(3)(B) for granting an 
exemption based on no unreasonable risk and good faith efforts to 
develop substitute substances must be addressed. EPA believes that no 
unreasonable risk would result from the processing and distribution in 
commerce of media containing PCBs because such samples would be handled 
by laboratories that have established procedures for handling hazardous 
materials. (See Unit III.I. of this preamble for a discussion of the 
OSHA laboratory workplace safety requirements.) Further, EPA believes 
that the use of such samples would further enhance efforts to 
implement, comply with, and enforce the requirements for PCBs under 
TSCA. Once the use of such samples was over, persons who had used the 
samples would be subject to any Federal, State, and local law governing 
the disposal of the PCBs, including the rules found in 40 CFR part 761. 
The good faith efforts finding does not apply because other chemicals 
cannot be substituted for PCBs for these purposes.

K. State Enhancement Activities

    In the ANPRM, EPA solicited comments on a proposal to recognize 
other Federal and/or State-issued PCB storage and disposal permits with 
the view toward limiting concurrent Federal/State and multi-Federal 
permitting of PCB storage and/or disposal facilities. (Implementation 
of Federal requirements promulgated under section 6 of TSCA regulating 
the manufacture, processing, distribution in commerce, and use of PCBs 
would not be affected by this proposal.) Under this proposal, dual or 
multiple permitting requirements could be eliminated where the TSCA PCB 
Program would recognize PCB remediation and disposal activities that 
were implemented and monitored under another authority. The goal is to 
encourage recognition of other regulatory authorities and participation 
by additional States to implement some form of a PCB disposal program 
under, for example, an expanded State RCRA hazardous waste program. In 
that way, limited EPA resources could be diverted to other issues or 
areas where no other Federal or State PCB presence now exists. EPA was 
interested in obtaining information on the perceived impacts of 
recognizing PCB disposal programs that are implemented under either an 
expanded State waste management program (i.e., by listing PCBs as a 
hazardous waste) or a TSCA look-alike program (i.e., by establishing a 
State PCB disposal program that is analogous to the TSCA PCB Program 
through the development of State legislation and implementing 
regulations). Comments were solicited on enforcement activities and 
other factors associated with implementing such a proposal (e.g., 
issues of national consistency, policy advantages and/or disadvantages, 
etc.). Many comments submitted in response to the ANPRM reflect a 
misunderstanding of the State enhancement proposal.
    Roughly 30 comments were received on this issue with nearly 50 
percent of the commenters in favor of the concept. Those in favor of 
the proposal supported any reduction in duplicative permitting 
requirements that would lower the cost of compliance, but viewed TSCA 
look-alike programs as the preferred approach.
    Those opposed to the proposal voiced strongly held views that 
differences between Federal requirements, coupled with inconsistency 
among State-imposed requirements, would severely hamper and complicate 
compliance efforts, create confusion, result in increased costs to the 
regulated community, and possibly serve as a barrier to interstate 
commerce. Additionally, differences between the TSCA and RCRA 
requirements were cited as having the opposite effect of alleviating 
the burden for the regulated community in complying with the PCB 
disposal requirements. Examples cited of scenarios where each of these 
disadvantages would be evident include utilities operating across State 
lines or entities with interstate activities (e.g., natural gas 
transmission companies) and facilities with multiState locations.
    Several commenters questioned EPA's authority to establish a State-
delegated PCB disposal program. These commenters believe that TSCA's 
legislative history mandated implementation of the PCB disposal program 
at the national level, and that anything short of a nationally 
orchestrated program would be
abdicating EPA's responsibility. EPA disagrees with the legal 
interpretation and believes that this argument is not compelling as a 
policy matter since PCB disposal facilities are currently subject to 
both Federal and State regulations governing PCB disposal. Furthermore, 
recognition of the actions of another authority is not an abdication 
since EPA retains authority to enforce the TSCA PCB regulations. 
Additionally, one commenter advocated transferring the PCB Disposal 
Program to the RCRA program, or totally suspending the TSCA disposal 
requirements if a State chooses to regulate PCBs under their expanded 
hazardous waste management program. The State enhancement proposal is 
not intended to serve as a mechanism for ``delegating'' EPA's 
responsibility for implementing any of the statutory requirements of 
TSCA. Federal oversight of PCB storage and disposal activities under 
State permits would still be undertaken. One commenter suggested that 
all facilities should be required to register the use of PCB 
Transformers with EPA. If the intent of such a registration program is 
to enhance monitoring capabilities over the disposal of this equipment, 
EPA believes that it would be permissible under TSCA for a State to 
promulgate its own requirements for that purpose.
    TSCA section 18 addresses preemption of State law. Section 18 
provides, with a few exceptions, that the provisions of TSCA shall not 
affect the authority of any State or political subdivision of a State 
to establish or continue in effect regulation of any chemical 
substance, mixture, or article containing such chemical substance or 
mixture. Under section 18(a)(2), however, a State or locality is 
preempted from regulating a chemical substance or mixture to protect 
against a risk of injury to health or the environment where EPA has 
acted under section 6 of TSCA to protect against such risk. An 
exception to this preemption provision applies when the State 
regulation concerns a requirement ``described in'' TSCA section 
6(a)(6), i.e., the manner or method of disposal of a chemical substance 
or mixture. This provision, referred to as the ``parenthetical 
exception'' to preemption, is enclosed in parentheses at the beginning 
of section 18, subsection (2)(B). EPA has interpreted the 
``parenthetical exception'' to mean that State PCB disposal rules are 
not preempted because they describe the manner or method of disposal of 
PCBs. Other examples of situations that would not be preempted by TSCA 
include: (1) A State regulation that is identical to EPA's regulation; 
(2) a State requirement that is ``adopted under the authority'' of 
another Federal law; (3) a State prohibition on the use of the 
substance or mixture in the State (other than in its use in the 
manufacture or processing of other chemical substances or mixtures); or 
(4) when a State or local government prevails in a petition to the 
Administrator for a rule that would exempt them from the preemption 
requirement on the grounds that the State requirement is consistent 
with Federal requirements, providing ``a significantly higher degree of 
protection'' while not unduly burdening interstate commerce.
    1. Coordinated approval. In the ANPRM, EPA requested comments on 
whether to adopt regulatory changes to reduce the need for concurrent 
permitting for PCB storage and disposal by allowing recognition under 
TSCA of PCB storage and disposal permits issued under expanded State 
hazardous waste or TSCA lookalike programs, or under other Federal 
environmental statutes (e.g., CERCLA site remediation, RCRA corrective 
action, and National Pollution Discharge Elimination System 
permitting). The regulated community often must procure both Federal 
and State permits prior to commencing PCB storage or disposal 
activities. Current Federal requirements for PCB storage and disposal 
under TSCA, including the permitting requirements, are set out at 40 
CFR 761.60, 761.65, 761.70, and 761.75. Additional requirements are 
proposed in this notice at Sec. 761.61.
    EPA received several comments; those commenters maintained opposite 
views on this proposal. Comments addressing the TSCA PCB Coordinated 
Approval mechanism suggested that such a ``program would trigger 
undesirable regulatory responses under various environmental statutes 
for activities that fall under the jurisdiction of only one particular 
statute.'' Although section 6(e)(1)(A) of TSCA requires the 
Administrator to prescribe methods for the disposal of PCBs, section 
9(b) of TSCA further requires the Administrator to coordinate actions 
taken under the Act with actions taken under other Federal laws 
administered in whole or in part by the Administrator. Section 9(b) 
further requires the Administrator to use such authorities to protect 
against such risk, if a determination can be made that the risk to 
health or the environment can be eliminated or reduced to a sufficient 
extent by actions taken under other Federal laws. Therefore, EPA 
believes the TSCA PCB Coordinated Approval provision is a viable 
alternative to issuing duplicative TSCA PCB storage and disposal 
approvals.
    As with EPA's May 19, 1980, final rule under RCRA (45 FR 33325), 
EPA sees little value in requiring duplicative permit proceedings and 
duplicate paperwork. A State that opts to expand its State hazardous 
waste program by including PCBs would be operating under an expanded 
State authority, not under a federally-authorized or delegated program. 
In that event, the State may elect to regulate all or some aspect of 
the disposal program. Standards developed by EPA under programs such as 
the RCRA Land Disposal Restriction Requirements, RCRA Corrective Action 
permits, remediation projects initiated under CERCLA, and/or expanded 
State hazardous waste programs which must incorporate Federal standards 
as their baseline regulatory requirements are likely to provide a level 
of protection adequate for eliminating or reducing to a sufficient 
extent the risks to health or the environment from exposure to PCBs and 
to require little or no further review under TSCA.
    Remediation of PCB contamination, based on site-specific 
conditions, may trigger compliance with several Federal requirements 
such as TSCA, RCRA, CERCLA, and the National Pollution Discharge 
Elimination System (NPDES permitting), just to name a few. 
Additionally, State environmental requirements, such as the California 
listed or New Jersey ``X-Code'' waste requirements, also may need to be 
factored into the regulatory requirements equation. For illustrative 
purposes, an example of a current permitting scenario which resulted in 
multiple layers of various State/Federal involvement and the benefits 
that would be derived under this proposal are presented here:
    A manufacturing facility which discharged waste waters into a river 
located adjacent to the facility discovered PCB contamination in the 
soils and the groundwater of a nearby residential community. Wells were 
drilled and PCB-laden oil was found. Prior to the installation of oil/
water separators in 1965, untreated process and stormwater flowed into 
a brook (which flows through the property) and the river. This facility 
housed, among other things, a Transformer Division, and from 1932 to 
1977 insulating oil containing PCBs was used extensively in the 
operation of its transformer plant. In addition, hazardous wastes, 
including wastes containing PCBs, were generated as a result of these 
and other manufacturing processes. The wastes were disposed of both on- 
and off-site.
    PCB contamination in the river had been an issue since the late 
1970s when studies conducted by EPA and the two neighboring States 
detected PCBs in the sediments, fish, and waters of the river. The 
facility had obtained a NPDES permit from EPA for discharges into a 
navigable waterway (in early 1978) and Interim Status under RCRA in 
1980. In 1981, the facility was required by EPA and the resident State 
Department of Environmental Protection (DEP) to conduct three major 
studies focussing on: (1) The hazardous waste disposal practices at the 
facility, (2) a determination of the extent of on-site contamination, 
and (3) an assessment of the PCB contamination and corrective action 
alternatives for the nearby river. The studies concluded that sediment 
along the river was contaminated with 39,000 pounds of PCBs.
    Using the authority of the State's Superfund Law, the facility was 
required in 1981 to install groundwater pumps and remove PCB containing 
oil from the top of the groundwater. In 1987, the facility installed a 
slurry wall to minimize migration of the PCBs towards the river. In 
1988, EPA's Regional office issued a TSCA disposal permit for a high 
temperature, thermal oxidizer incinerator for the destruction of the 
oil containing PCBs. Also in 1988, the facility was required by the 
State DEP to make necessary repairs at the dam to decrease future 
transport of PCBs downstream.
    Finally, in October 1988, EPA initiated the corrective action 
process under the provisions of the Hazardous and Solid Waste 
Amendments (HSWA) of 1984 to RCRA. A draft RCRA Part B permit to 
initiate cleanup was developed by EPA in early 1989, and the final RCRA 
Corrective Action Permit was issued in early 1991. In addition, EPA's 
TSCA PCB disposal permitting program had issued several R&D permits to 
conduct pilot-scale experiments of the effectiveness of various 
bioremediation processes as viable cleanup technologies. In summary, 
the facility was required to obtain operating and air emission permits 
from the State DEP, corrective action permits from EPA under RCRA, a 
TSCA operating permit for the thermal incinerator (issued by the 
Region), TSCA R&D permits for pilot-scale experiments (issued by EPA 
Headquarters), and a NPDES permit for water discharges.
    If the TSCA PCB Coordinated Approval proposal were a reality, the 
TSCA PCB Program could have recognized, in this case, permits that 
could have been issued by the State for the operation of the thermal 
incinerator and the R&D permits for experimental disposal technologies 
if the State elected to either implement an expanded PCB program under 
its RCRA authority or to establish a TSCA look-alike PCB disposal 
program. In addition, action taken under any Federal authority (e.g., 
RCRA or CERCLA) to require remediation of PCB contamination could also 
be recognized as not posing an unreasonable risk of injury and thus 
suitable for a TSCA PCB Coordinated Approval.
    One commenter, although supporting the concept of regulating PCB 
disposal activities under an expanded State hazardous waste program for 
stationary technologies, encouraged EPA to maintain centralized control 
over PCB mobile technologies. However, such an approach is not 
acceptable to EPA since there are limited situations whereby the 
Administrator can preempt the State's authority to regulate PCB 
disposal activities. Although the TSCA PCB Coordinated Approval 
provision would not require the owner or operator of a mobile, or 
multiple, but identical stationary unit to obtain a single approval 
from EPA, it also would not require the owner or operator of such a 
unit to obtain multiple approvals from each State in which the disposal 
technology will be used.
    The owner or operator of a mobile, or multiple, but identical 
stationary unit may want to obtain a TSCA Coordinated Approval to 
ensure the Federal and State requirements are harmonized. A State may 
chose to permit mobile technologies that will be used exclusively in 
that State, and EPA would respect its authority to do so. However, an 
approval that has been obtained from one state may not be acceptable to 
EPA in developing a TSCA Coordinated Approval that is intended for use 
in multiple States.
    Although the process for implementing a TSCA PCB Coordinated 
Approval mechanism was not discussed in the ANPRM, EPA considered 
establishing a self-implementing or an interactive coordinated approval 
process. The two approaches are discussed below.
    a. Interactive approach. EPA proposes at Sec. 761.77 to recognize 
permits issued under other Federal laws administered by EPA and State 
PCB disposal authorities using an interactive TSCA PCB Coordinated 
Approval mechanism. EPA believes the interactive approach described 
below would provide the Agency the best opportunity to effectively 
oversee PCB activities that are conducted under another statutory 
authority. In addition, the interactive coordinated approval would 
maximize the Regional Administrator's ability to serve in a 
preventative rather than a reactive role in those instances where 
unintentional negligence by the regulated community could result in 
risks of injury to health and the environment from exposure to PCBs.
    At Sec. 761.77, EPA is proposing to include as a condition of the 
TSCA PCB Coordinated Approval all requirements, conditions, and 
limitations of a non-TSCA permit or other waste management document 
issued by a State or under another statute administered by EPA prior to 
the effective date of this rule. The provision allows for both 
simultaneous coordination under the TSCA PCB permitting authority and 
the other State or Federal permitting authority when a waste management 
document does not exist and the subsequent review and approval (or 
inclusion of additional conditions, if deemed appropriate) of an 
existing waste management document. The facility could commence PCB 
waste storage or disposal operations only after the Regional 
Administrator received and reviewed a request for a TSCA PCB 
Coordinated Approval that included a copy of the non-TSCA approval and 
a verification that the facility had submitted EPA Form 7710-53 and 
received an EPA I.D. Number, which most facilities would already have 
for their hazardous waste management permit. The Regional Administrator 
would either issue the TSCA PCB Coordinated Approval accepting the non-
TSCA approval as written provided the relevant standards of 
Sec. 761.77(b) through (g) have been met, request additional 
information, impose additional conditions, or require the owner or 
operator of the facility to obtain a TSCA PCB approval.
    If, at any time during the facility's operation under the TSCA PCB 
Coordinated Approval the Regional Administrator determined that the 
facility was in violation of any requirement of the Approval (e.g., 
failure to comply with the TSCA PCB reporting and recordkeeping 
requirements, violation of the conditions of a non-TSCA permit or waste 
management document, or operation of the facility in a manner that 
might result in an unreasonable risk of injury to health or the 
environment), the Regional Administrator could issue a notice of 
deficiency, revoke the TSCA PCB Coordinated Approval or require the 
owner or operator of the facility to apply for a Federal TSCA PCB 
approval. The owner or operator of the facility could continue 
operations until the TSCA approval was issued; however, a facility 
could not commence operation until it received a TSCA PCB approval if 
it received a notice of deficiency from the Region. The deadline for 
submitting the permit application and the Regional Administrator's 
rationale for requiring a TSCA approval would be reflected in the 
Regional Administrator's written notice of deficiency.
    b. Self-implementing approach. This approach would allow the owner 
or operator of a facility with a Federal environmental waste management 
document (e.g., signed ROD, final RCRA permit) or State-issued final 
PCB permit to commence operations after (1) filing EPA Form 7710-53 and 
obtaining an EPA identification number, (2) providing written 
notification to the Regional Administrator and (3) receiving 
confirmation of receipt of that notification from the Region. Under 
TSCA, the Region would intervene in the facility's operations only in 
those instances of non-compliance, for example, with the non-TSCA 
permit or TSCA reporting and recordkeeping requirements, or operation 
of the facility in a manner which would result in an unreasonable risk. 
The Federal or State agency issuing the underlying environmental waste 
management document would be the lead organization in the development 
and issuance of that document, monitoring of its implementation and 
enforcement of its provisions. EPA's responsibility under TSCA for 
oversight in those instances would include enforcement of the TSCA PCB 
Coordinated Approval rules and could result in the Regional 
Administrator exercising his/her authority to require the owner or 
operator of the facility to obtain a TSCA approval. A detailed 
description of the proposed process follows.
    Under the self-implementing approach, facilities with a State 
issued PCB permit or a permit issued by EPA (or an authorized State 
Director) under another Federal law administered by EPA for PCB 
remediation, storage, and disposal activities would be recognized by 
EPA as having a TSCA PCB approval provided the permit or other waste 
management document generally addresses those disposal activities 
normally covered by a TSCA PCB approval. Additionally, the facility 
would have to be in compliance with the conditions of that permit and 
the TSCA PCB reporting and recordkeeping requirements of Sec. 761.180 
and Sec. 761.202 through Sec. 761.218. Owners or operators of 
facilities storing or disposing of PCBs pursuant to a permit issued 
under another environmental statute such as a CERCLA ROD, a RCRA 
Corrective Action permit, or an expanded RCRA-authorized State 
hazardous waste program would be required to obtain an EPA I.D. number 
(or confirm an existing number), provide written notification to the 
Regional Administrator for the Region in which the facility is located 
that they would like to handle PCBs in accordance with a permit that 
addresses the remediation, storage, and/or disposal of PCBs and receive 
written confirmation of receipt of the notification to the Region. A 
separate formal TSCA PCB approval would not be required. The owner or 
operator of the facility could commence operations immediately once an 
EPA I.D. number for PCB activities was obtained (or confirmed), written 
notice was given to the Regional Administrator, and the Regional 
Administrator confirmed that the owner's notification had been 
received. A Region could also respond with a notice of deficiency in 
those instances where the Region determines that a TSCA PCB Coordinated 
Approval is not available or appropriate and a TSCA PCB approval is 
needed.
    If, after a TSCA PCB Coordinated Approval has been issued, 
conditions such as, but not necessarily limited to, the following 
exist, the Regional Administrator for the Region in which the facility 
is located would have sufficient basis to issue a notice of deficiency 
and/or require the owner or operator of the facility to submit an 
application for a TSCA PCB approval:
    (1) Current or subsequent substantive violations of the permit 
conditions and/or the TSCA reporting and recordkeeping requirements.
    (2) Operation of a facility in a manner that may result in an 
unreasonable risk of injury to health or the environment.
    (3) The program under which the permit was issued has expired or 
the permit has been revoked.
    (4) For CERCLA actions, requirements conducted pursuant to a ROD 
have been completed or the facility is not in compliance with the 
conditions of the ROD.
    In the event the Region required the owner or operator of the 
facility to obtain a TSCA approval, the Regional Administrator would 
establish a deadline for the owner or operator of the facility to 
submit an application (generally not less than 30 days from receipt of 
the notice of deficiency) for a TSCA PCB approval. However, the owner 
or operator of the facility would be able to continue operations under 
the provisions of the TSCA PCB Coordinated Approval until the TSCA 
approval is issued (except in the instance where a notice of deficiency 
was issued, then a TSCA PCB approval would first be required). After 
issuance of the TSCA approval, EPA would no longer recognize the State 
or other Federal permit for that facility as being the equivalent of a 
TSCA PCB approval.
    The primary responsibility for compliance monitoring and 
enforcement of the permit or waste management document would reside 
with the Federal or State agency issuing that permit or waste 
management document. These underlying permits or waste management 
documents would be deemed to be requirements of TSCA whose breach is a 
prohibited act under section 15 of TSCA. EPA would reserve its rights 
to conduct inspections and take enforcement actions under TSCA or any 
other applicable Federal statute. It is EPA's intent to exercise its 
authorities in consultation with or at the request of the other Federal 
program or State agency issuing the permit or waste management 
document. However, based on any information, EPA could act without 
consultation, especially where a facility poses an immediate risk of 
injury to health or the environment or where EPA's intent is to 
initiate a criminal investigation or criminal or civil judicial action.
    EPA proposes to add Sec. 761.77 to reflect the interactive approach 
and solicits comments on the concept of a TSCA PCB Coordinated Approval 
and EPA's proposed implementation of this proposal.
    2. PCB State Enhancement Grants. Also cited in the ANPRM was EPA's 
proposal to make resources, as appropriated by Congress, available 
through the TSCA section 28 State grant mechanism. A Notice of 
Availability for the PCB State Enhancement Grant Program was published 
in the Federal Register of March 4, 1991 (56 FR 9008). This notice 
solicited applications for financial assistance to support current 
State activities to establish a PCB disposal program. Funding under 
this program was not anticipated to continue beyond fiscal year 1992. 
Under the State grant proposal, EPA would partially fund efforts by the 
States to establish a State PCB disposal program through the 
development of State legislation and regulations of PCB disposal 
activities. States were also required to provide a ``match'' of 25 
percent of the total cost of the project.
    Several commenters were not in favor of EPA's encouragement of the 
listing of PCBs under State hazardous waste programs. Additionally, 
some commenters voiced concern that EPA was trying to delegate its 
responsibility to the States to enforce Federal requirements. And 
finally, commenters were also skeptical of whether there would be 
adequate funding under the grants to implement State disposal programs.
    TSCA grants were to be used as ``seed'' money to complement ongoing 
State PCB disposal activities. In creating the TSCA section 28 grant 
provision, the intent of Congress was to provide financial assistance 
to selected States to complement and augment EPA's efforts authorized 
under the Act (Ref. 55). It had envisioned that those States most 
heavily impacted by chemical pollution problems, upon application and 
approval by EPA, would receive assistance from EPA. To be eligible for 
a grant, States would have to be engaged in the process of listing PCBs 
under its hazardous waste laws or in adopting TSCA look-alike laws for 
the storage and/or disposal of PCBs. The process for establishing a PCB 
disposal program would have to have been completed by September 30, 
1992. Since the response to the Federal Register notice soliciting 
applications for assistance was limited, the program has been 
discontinued.

L. Clarification of the Requirement to Request Approval for Alternate 
Methods of Disposal

    Section 761.60(e) of the PCB regulations states that persons who 
are required to incinerate PCBs and PCB Items and who can demonstrate 
that an alternate method exists for destroying these PCBs or PCB Items 
and that this alternate method can achieve a level of performance 
equivalent to Sec. 761.70 incinerators may submit a written request to 
the EPA for an exemption from the incineration requirements of 
Sec. 761.70 or Sec. 761.60.
    It was never the Agency's intent that the submission of an 
application for an alternate disposal method in lieu of incineration be 
optional, as could be construed by the use of the word ``may'' in 
Sec. 761.60(e). EPA, therefore, proposes to amend Sec. 761.60(e) to 
clarify that written approval to use an alternate method of destroying 
PCBs or PCB Items must be obtained from the appropriate EPA official 
prior to any use of the method to destroy PCB waste.

M. Wet Weight/Dry Weight Clarification

    This rule proposes to clarify the basis on which PCB concentrations 
are to be determined for the purpose of identifying applicable 
requirements under the PCB rules. Proposed Sec. 761.1(b) of this rule 
would require that PCB concentrations for non-liquid materials, which 
contain no liquids which pass through the filter when using the paint 
filter test method (EPA Method 9095 in ``Test Methods for Evaluating 
Solid Waste'' (SW-846), be determined on a dry weight basis according 
to the definition proposed at Sec. 761.3. The proposed rule would 
require the PCB concentration to be determined on a wet weight basis 
for liquid PCBs as proposed to be defined at Sec. 761.3, i.e., 
homogeneous flowable material containing PCBs and no more than 0.5 
percent non-dissolved materials. This rule would also establish 
requirements for determining PCB concentrations in situations where 
separate, distinct phases were present within samples of materials 
containing PCBs.
    On April 6, 1990 (55 FR 12866), EPA published a proposed rule that 
sought to clarify how to determine the PCB concentration in media where 
water is present. However, several comments on the April 6, 1990 
proposed rule indicated that it could be read to require determination 
of PCB concentrations of all samples, including liquid samples, by 
removing (drying, evaporating or condensing) the liquids and thus 
leaving only PCBs. This Notice responds to those comments by clarifying 
the April 6, 1990 proposal and proposes distinct requirements for 
determining the PCB concentration in liquids, non-liquids, and 
multiphasic liquid/liquid and liquid/non-liquid samples.
    The April 6, 1990 Notice proposed that PCB concentrations be 
determined on a dry weight basis for all substances (non-liquids or 
liquids) regulated under part 761, including, but not limited to, 
dielectric fluids, contaminated solvents, oils, waste oils, heat 
transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge 
spoils, soils, materials contaminated as the result of spills, and 
other chemical substances or combination of substances, including 
impurities and byproducts and any byproduct, intermediate, or impurity 
manufactured at any point in a process. EPA assumes that most 
substances or mixtures, from which samples will be taken for the 
determination of PCB concentrations by chemical analysis, will fall 
into the categories listed above, with the addition of wastewater. 
Water may be present in some of these substances or mixtures in varying 
amounts and for various reasons.
    The PCB current regulations do not require a specific chemical 
analytical method for the determination of PCB concentrations. Many 
chemical analysis procedures, used to determine PCB concentrations, 
require accounting for the presence of water in samples in a way that 
accomplishes EPA's objectives in this rule. However, there are some 
chemical analysis procedures that could be used for PCBs, but that were 
developed to address more general objectives. Therefore, these more 
general chemical analysis procedures may either offer several options 
for accounting for water in samples or require a different way to 
account for water than would be appropriate for determining the PCB 
concentration to meet the requirements and intent of the PCB 
regulations.
    The overall purpose of the proposed revisions to Sec. 761.1(b) is 
to ensure a consistent and reproducible basis for determining the 
concentration of PCBs in the PCB-containing medium. Such a basis would 
enable the Agency to apply the PCB rules in a consistent manner. To 
determine the PCB concentration of a nonliquid, as will be discussed 
below, the medium of concern is the non-liquid material because it is 
the most likely repository of the PCBs. Therefore, any water in the 
sample should be accounted for in the determination of the PCB 
concentration of the sample because the amount of water can 
significantly bias the PCB concentration in the sample.
    For liquid samples, however, the medium of concern is the liquid 
itself; therefore, to determine the PCB concentration in that medium, 
one may determine the PCB concentration on a wet weight basis. (For 
example, for water samples, the medium of concern is the water, and it 
would not make sense to exclude the water.)
    1. Liquid PCBs, including organic liquids and wastewater. ``Liquid 
PCBs'' would be defined in Sec. 761.3 as homogenous flowable material 
containing PCBs and no more than 0.5 percent by weight non-dissolved 
materials. The proposed revisions to Sec. 761.1(b) would require 
concentrations for liquid PCBs to be determined on a wet weight basis. 
``Wet weight basis'' means reporting chemical analysis results by 
including the weight of all dissolved water in a homogeneous liquid. If 
the liquid is homogenous, the PCBs will be distributed throughout the 
medium evenly. For nonhomogenous liquid samples, however, PCBs are more 
likely to be more concentrated in one component of the sample than they 
are in others because of the physical and chemical properties PCBs 
possess (e.g., PCBs are hydrophobic). Thus, for these samples, the 
proposal would require each phase of a non-homogeneous liquid to be 
separately analyzed (on a wet weight basis). EPA recognizes, however, 
that even if each phase of a liquid sample is separately analyzed, some 
small amounts of water that are not separable may be found in a 
particular phase (i.e., some small amount of water may be found in 
oil).
    For liquid samples containing water, the separable water must be 
removed, and each phase of the sample must be separately analyzed (on a 
wet weight basis). Separable water is water that may be readily 
physically separated, e.g., by the use of a separatory funnel, 
filtration, or by decantation.
    EPA notes that most organic liquids in which PCBs are found 
(including mineral oil dielectric fluid, heat transfer fluid, oil based 
hydraulic fluid, and rinse solvents) usually do not contain more than 1 
or 2 percent of non-separable water. This non-separable water usually 
is in a suspension or in solution. Since the amount of non-separable 
water is usually very low compared to the amount of organic liquid, the 
effect of non-separable water on the concentration of PCBs in these 
organic liquids is relatively small. Thus, EPA believes that allowing 
the non-separable water to be included in the analysis would generally 
not affect the regulatory status of a sample. When there is non-
separable water in an organic liquid, chemical analysts will normally 
use a desiccant to remove even this small amount of non-separable water 
from the liquids during chemical analysis. These small amounts of non-
separable water are removed to avoid potential interference to PCB 
instrumental response from water and potential damage to the chemical 
instrumentation. Even though the small amounts of non-separable water 
removed by desiccation could be accounted for, they normally are not 
accounted for because this non-separable water has limited influence on 
the PCB concentration of the organic liquid.
    Also, EPA notes that wastewater samples consist almost entirely of 
non-separable water. For wastewater samples the analyst will normally 
use an organic solvent to extract the PCBs from the wastewater. Even 
though the PCBs are removed from the water during the determination of 
the PCB concentration, chemical analysts do not consider this 
determination to be on a dry weight basis. Since wastewater may contain 
significant amounts of suspended materials, this rule proposes to 
identify how much suspended material may be present in the water to 
still be considered a homogenous liquid for the purpose of determining 
PCBs in water. If wastewater contains greater than 0.5 percent non-
dissolved non-liquids, the wastewater would be considered to be 
``multiphasic liquid/non-liquid.'' If wastewater contained other 
immiscible liquids separable by decantation, the PCB concentrations for 
those other liquids would be considered to be ``multiphasic liquid/
liquid.''
    2. Non-liquid PCBs. ``Non-Liquid PCBs'' are proposed to be defined 
at Sec. 761.3 as PCBs which contain no liquids which pass through the 
filter when using the paint filter liquids test method (EPA Method 9095 
in ``Test Methods for Evaluating Solid Waste'' (SW-846). Proposed 
Sec. 761.1(b) would require PCB concentrations for non-liquid PCBs to 
be defined on a dry weight basis. ``Dry weight basis'' would be 
determined as reporting chemical analysis results by excluding the 
weight of the water from the weight of the sample.
    In addition, for purposes of this proposal, any chemical analysis 
process which removes and/or accounts for the amount of water present 
in non-liquids complies with the requirement to determine the PCB 
concentration in non-liquids on a dry weight basis. These processes 
include some or all of the following: filtration, decantation, and 
heating at low temperatures followed by cooling in the presence of a 
desiccant. The determination of the PCB concentration in the non-liquid 
would be based on the weight of PCBs in the weight of the resulting 
dried non-liquids. Water separated from non-liquids through filtration 
or decantation would be treated as a liquid sample as described in Unit 
III.M.1., ``Liquids Including Organic Liquids and Wastewater'' above.
    Soils, sediments, and sludges are examples of PCB containing media 
that can contain varying amounts of water and still pass the paint 
filter liquids test for non-liquids. In addition, there are any number 
of other PCB containing media such as paper, wet automobile shredder 
fluff, and other fiber products that can also contain varying amounts 
of water and pass the paint filter liquids test for non-liquids as 
well. These non-liquid PCBs may contain a relatively large amount of 
non-separable water compared to the amount of non-separable water that 
can be contained in the organic liquids normally encountered in PCB 
samples. For the purposes of determining PCB concentrations of soils, 
sediments, and sludges on a dry weight basis, the amount of water not 
separated from these non-liquid samples by filtration or decantation 
would have to be accounted for in reporting the PCB concentration.
    3. Mixtures of liquids and/or non-liquids. In multiphasic samples, 
that is, samples containing (a) both non-liquids and liquids or (b) 
more than one liquid phase, chemical analysts usually separate non-
liquids from liquids and immiscible liquids from each other before 
chemical analysis. This separation eliminates the potential consistency 
and reproducability problems and also provides meaningful comparisons 
of PCB concentrations for regulatory purposes. The separation 
techniques employed in the laboratory to separate non-liquids from 
liquids must result in equivalency to the paint filter liquids test in 
order to assume a complete separation of liquid and non-liquid 
materials.
    In a sample containing more than one phase, where the phases are 
capable of being separated from each other (by procedures such as 
decantation and filtration), the proposed rule would require the phases 
to be separated from each other prior to chemical analysis, and the PCB 
concentration for each separate phase of the mixture sample to be 
determined individually. Separated non-liquids would be required to be 
analyzed on a dry weight basis and liquids would be required to be 
analyzed on a wet weight basis.

N. Oil-filled Equipment Manufactured After the Ban

    In the applicability section of part 761 at Sec. 761.1, EPA is 
proposing to add paragraph (g) to provide clarification with regard to 
the classification of oil-filled equipment manufactured after the ban 
on the manufacture of PCBs took effect on July 2, 1979. The purpose of 
this clarification is to recognize that oil-filled equipment 
manufactured after the ban, accompanied either by documentation 
provided by the manufacturer or a label or mark affixed by the 
manufacturer certifying, based on test data, that the equipment does 
not contain PCBs, does not fall into the assumption category, under the 
definition of ``PCB-Contaminated Electrical Equipment'' at current 
Sec. 761.3, that all oil-filled equipment where PCB concentration is 
unknown must be assumed to be greater than 50 ppm PCBs. For purposes of 
this proposed rulemaking, the criteria for demonstrating that the 
transformer contains no PCBs are: the equipment must have been 
originally manufactured with no PCBs after the effective date of the 
ban (July 2, 1979), and must not have been serviced with any PCBs.
    At Unit III.C. of this preamble, EPA is proposing to amend the 
definition of ``PCB-Contaminated Electrical Equipment'' to indicate 
that the reference to ``oil-filled'' means mineral-oil and that not all 
equipment that contains an oily substance can be assumed to be PCB-
Contaminated. Similarly, proposed Sec. 761.1(g), would clarify that 
oil-filled (mineral or otherwise) equipment that was manufactured after 
the ban on the manufacture of PCBs that was certified to contain no 
PCBs at the time of manufacture and has not been subsequently serviced 
with fluids containing PCBs should not and will not be assumed to be 
PCB-Contaminated. In fact, this equipment is not subject to the 
provisions of 40 CFR part 761.

O. PCB Voltage Regulators

    The current regulation at Sec. 761.30(a)(1)(xv) requires owners of 
mineral oil transformers that the owner had assumed to contain 50 to 
499 ppm PCBs, that are tested and found to contain 500 ppm or greater 
PCBs, to bring those units into compliance with all the applicable 
provisions of part 761. EPA is proposing at Sec. 761.30(a)(1)(xvi) the 
same requirements for voltage regulators. Accordingly, voltage 
regulators, assumed to be PCB-Contaminated, that are later tested and 
found to contain 500 ppm PCB or greater would be required to come into 
compliance with part 761. Voltage regulators which were marked or 
otherwise known to contain PCBs at greater than 500 ppm would also be 
required to come into compliance with all the applicable requirements 
of part 761. Section 761.30(h) would also be revised to reflect this 
change.
    In many respects, voltage regulators are designed to function in a 
manner similar to transformers. They consume a small amount of current 
and adjust their output voltage with precise limits based on voltage 
and current needs of the power system. Though the actual size and fluid 
requirements of voltage regulators vary depending upon precise voltage 
rating, age, and manufacturer, voltage regulators of less than 100 KVA 
contain approximately 30 gallons of fluid and those over 100 KVA 
approximately 200 gallons. Voltage regulators were manufactured with 
mineral-oil fluid of which 14 percent contained PCBs greater than or 
equal to 50 ppm and less than 2 percent contained greater than or equal 
to 500 ppm PCBs.
    Based on this data, EPA does not expect many voltage regulators to 
be above the 500 ppm PCB level; however, as with mineral-oil 
transformers later tested and found to contain above 500 ppm PCB, those 
that were found to be 500 ppm or greater would be treated in the same 
manner as transformers at 500 ppm or greater.
    The impetus for this proposal is to ensure that voltage regulators 
that are found to contain 500 ppm or greater PCBs are properly marked 
while in service, their locations are marked, records are kept pursuant 
to Sec. 761.180, they are registered with fire departments, and they 
are properly disposed of when they are taken out of service. As well as 
soliciting comments on this proposed change in general, EPA is 
soliciting comments on the appropriateness of requiring enhanced 
electrical protection for voltage regulators as is the case for 
mineral-oil transformers later found to contain greater than or equal 
to 500 ppm PCBs.
    In addition, EPA is soliciting comments on whether it is sufficient 
to simply add voltage regulators to existing Sec. 761.30(a)(1)(xv) 
(renumbered in this proposed rule as Sec. 761.30(a)(1)(xvi)) or whether 
a separate subparagraph should be added to address this issue because 
voltage regulators containing greater than or equal to 500 ppm PCB 
should not be treated in the same manner as PCB Transformers. If there 
are compelling reasons to treat these voltage regulators differently 
due, for example, to their size, location, or use, EPA welcomes 
suggestions on the most appropriate way to regulate these pieces of PCB 
electrical equipment.

P. Registration Requirements for PCB Transformers Containing 


500 ppm PCBs

    Pursuant to section 18(b) of TSCA, the State of Connecticut 
petitioned EPA for an exemption from the preemption provisions of 
section 18(a)(2) to allow the State to require, among other things, the 
registration of PCB Transformers (i.e., transformers with dielectric 
fluid at 500 ppm PCB) with the Connecticut Department of 
Environmental Protection. Connecticut argued that this notification 
would provide a significantly higher degree of protection for State 
residents and emergency response personnel from the risks posed by PCB 
Transformers than the current Federal rules under TSCA because (1) 
State emergency response personnel often respond to fires and spills at 
sites throughout the State and (2) State administrative actions such as 
issuing warnings regarding fishing, swimming, or other activities that 
could increase human exposure to PCBs when fires or spills occur, could 
be made in a more timely manner. While EPA sees merit in these 
arguments, EPA believes that residents of every State would be better 
protected by a uniform, nationwide registration requirement, where EPA 
would receive the data and make it available to Federal and State 
emergency response personnel.
    Today's rule proposes a new Sec. 761.30(a)(1)(vii) to require all 
owners of PCB Transformers to register their transformers with the U.S. 
Environmental Protection Agency, Office of Enforcement and Compliance 
Assistance (2245), 401 M St., SW., Washington, DC 20460 no later than 
90 days after the effective date of the final rule. PCB Transformers 
subsequently identified or received from another location would have to 
be registered with EPA no later than 30 days after identification or 
receipt. To minimize data gathering and processing, EPA proposes that 
transformer owners would only have to report information about their 
transformers that is currently required under Sec. 761.180(a), to be 
included on their annual document logs. The registration would include 
the following information: (1) Transformer location (address) and 
number of PCB Transformers, (2) kilograms of PCB liquid in each PCB 
Transformer, and (3) name, address, telephone number and signature of 
the owner, operator, or other authorized representative certifying the 
accuracy of the information submitted. If a PCB Transformer is 
transferred to a different location after it is registered, information 
concerning that transfer would be recorded in the former owner's annual 
document log. (See discussion at Unit III.E.--Transfer of Totally 
Enclosed PCBs.) Anyone who took possession, either through transfer of 
location or sale of a PCB Transformer, 90 days after the effective date 
of this rule would be responsible for demonstrating that the newly 
acquired PCB Transformer was registered with EPA under this proposed 
provision or, if the new owner could not make that demonstration, he 
would have to register that PCB Transformer within 30 days of the 
transfer.
    The regulations at Sec. 761.30(a)(1)(vi) and (vii) currently 
include requirements for registering all PCB Transformers with fire 
response personnel and owners of any nearby commercial buildings. State 
and local authorities may also have notification requirements for 
emergency response personnel. Owners of transformers at industrial 
sites could fulfill the current requirement by registering with their 
on-site fire brigade, while owners of PCB Transformers in or near 
commercial buildings had to register with the local fire department. 
Subsequent review of the regulated community's compliance with these 
registration requirements by the Office of the Inspector General of EPA 
and EPA Regional personnel found that many fire departments, including 
those serving large cities, had not received registration information 
for a large percentage of those PCB Transformers which should have been 
registered. In addition, many owners could not demonstrate that they 
had registered their transformers, as required to continue each unit's 
authorization for use.
    Therefore, the registration requirements proposed today would 
extend to all PCB Transformers in use or in storage for reuse, even if 
a specific PCB Transformer was registered under the current 
requirements at Sec. 761.30(a)(1). Under proposed 
Sec. 761.30(a)(1)(vii)(C), this requirement would be a part of the 
authorization for continued use for each PCB Transformer.
    EPA solicits comments on this proposal and the petition from the 
State of Connecticut. If EPA does not promulgate today's proposed 
uniform national registration requirements, then it would be inclined 
to promulgate an exemption under section 18(b) to allow any State to 
implement its own registration requirements for transformers.

Q. Rectifiers

    It has come to EPA's attention that a certain number of oil-filled 
and solid-state rectifiers (devices that convert AC current to DC 
current) contain PCBs. While rectifiers are not specifically authorized 
for use in the PCB regulations, it is EPA's intent to authorize at 
proposed Sec. 761.30(r), the continued use of rectifiers in a similar 
manner as transformers to be consistent with EPA's use authorizations 
for non-totally enclosed electrical equipment.
    To add specificity to this proposed authorization for rectifiers, 
EPA is soliciting comments and data on the following: (1) The number of 
rectifiers currently in use, (2) the extent of PCB contamination in 
rectifiers, (3) the size of such units and whether EPA should adopt a 
de minimis volume amount (as is the case with capacitors, i.e., 
capacitors with less than 3 pounds of fluid are considered small and 
generally not regulated under TSCA for disposal) at which rectifiers 
would be regulated under TSCA, (4) the number of oil-filled vs. solid 
state rectifiers, and (5) any information that will assist EPA in 
supporting a use authorization for this type of equipment. Proposed 
Sec. 761.30(r) would authorize PCBs at any concentration to be used in 
rectifiers and PCBs at less than 50 ppm to be used in servicing 
rectifiers for the remainder of their useful life.

R. Use of PCBs in Scientific Equipment

    It has come to EPA's attention that certain types of scientific 
equipment have historically used PCBs as a medium for comparative 
measurements. Specifically, EPA has been made aware of the historic use 
of PCBs in studies of birefringence and viscoelasticity of long chain 
polymers (Ref. 58). The PCBs serve as a high viscosity medium to 
uniformly reduce all movement to facilitate comparisons of long-chain 
polymers. These studies date back to well before the enactment of TSCA 
and have included hundreds of thousands of comparable reference data 
runs. Other media could be used to replace PCBs in these instruments, 
but none yield results comparable to the large historical reference 
data set using PCBs as reference standards. While PCBs are not 
specifically authorized for specialized uses in scientific equipment, 
it is EPA's intent to authorize at proposed Sec. 761.30(s), their 
continued use in situations where the PCBs were in use as of the date 
of publication of today's proposal. Additional information is requested 
as to why substitutes are not available or otherwise could not be used 
and why the continued use of PCBs presents no unreasonable risk to 
health and the environment.
    In order to add specificity to this proposed authorization, EPA is 
soliciting comments and data on the following: (1) The types and number 
of scientific applications for which PCBs are currently in use; (2) 
explanations as to why substitutes can not be used in each identified 
scientific application; (3) the size of such units and whether EPA 
should adopt a de minimis volume amount; (4) the types of PCBs used; 
(5) descriptions of how releases and exposures to PCBs are minimized 
during preparation, operation, and disassembly of the testing 
equipment; and (6) any additional information that will assist EPA in 
supporting a use authorization for PCBs in scientific equipment. In all 
authorized and unauthorized scientific uses or applications of PCBs, 
the disposal of the PCBs and any contaminated equipment is fully 
regulated under TSCA.

S. Remove Outdated Material

    In response to a request to remove outdated material from the Code 
of Federal Regulations, EPA is proposing to remove the provisions at 
Sec. 761.20(c)(3) that require the submission to EPA of a notice at 
least 30 days prior to the export for disposal of PCBs or PCB Items; 
the regulations had authorized export for disposal until May 1, 1980. 
In deleting the notification requirement, EPA proposes to retain the 
prohibition against exporting PCBs for disposal after May 1, 1980, as 
reflected at Sec. 761.20(c)(3) in today's notice.
    Likewise, several use authorizations specified deadlines by which 
certain activities were to cease. Section 761.30(a)(1)(iii), which 
prohibits the installation of PCB Transformers in or near commercial 
buildings after October 1, 1985, contains provisions for the continued 
installation of such transformers in emergency situations or for 
reclassification up until October 1, 1990. Since these provisions are 
now obsolete, EPA is proposing their removal, with the exception of the 
provision to allow the indefinite installation of Mineral Oil PCB 
Transformers, which is still valid and would be retained. Therefore, 
Sec. 761.30(a)(1)(iii)(A) through (D) would be deleted, with the 
exception of the requirements of Sec. 761.30(a)(1)(iii)(C)(2)(ii) and 
(C)(2)(iii), which would be retained and redesignated as 
Sec. 761.30(a)(1)(iii)(A) and (iii)(B), respectively. The definition of 
``emergency situation'' under Sec. 761.3 would therefore be rendered 
unnecessary and also would be deleted.
    The provisions at Sec. 761.30(b), which authorize the use in and 
servicing of railroad transformers, contain procedures for phasing in a 
reduction of the PCB concentration for dielectric fluids used in 
railroad transformers. Essentially, the use of greater than 1,000 ppm 
PCBs in these transformers was prohibited after July 1, 1986. 
Therefore, EPA is proposing to amend paragraph (b)(1) by deleting 
paragraphs (b)(1)(i) through (b)(1)(vii) at Sec. 761.30(b)(1) ``Use 
restrictions.'' Paragraph (b)(1) would be amended to restrict the use 
of PCBs in the dielectric fluids of railroad transformers to <1,000 ppm 
after July 1, 1986 (as is currently required by Sec. 761.30(b)(1)(vi)). 
Further, EPA is proposing to delete Sec. 761.30(b)(2)(ii) ``Servicing 
restrictions.'' and to redesignate Secs. 761.30(b)(2)(iii) through 
(vii) as (b)(2)(ii) through (vi). The provisions at Sec. 761.30(c) 
``Use in and servicing of mining equipment'' would be revised to delete 
the conditions listed at paragraphs (c)(1) through (c)(5) since the 
timeframe of the authorization for the use and servicing of mining 
equipment containing PCBs has lapsed and these conditions are no longer 
relevant. The introductory paragraph for Sec. 761.30(c) would also be 
amended to delete the processing and distribution in commerce servicing 
authorization for PCBs greater than 50 ppm used in mining equipment 
which expired on January 1, 1982. The authorization would be revised to 
allow servicing only with PCBs at a concentration level of less than 50 
ppm.
    Sections 761.30(d)(1) through (d)(5) set conditions on the use of 
PCBs at concentrations of 50 ppm or greater prior to July 1, 1984. The 
recordkeeping requirement under paragraph (d)(5) expired on July 1, 
1989 (5 years after the deadline). Therefore, paragraphs (d)(1) through 
(d)(5) are effectively obsolete, and EPA is proposing their deletion. 
Similar provisions for hydraulic systems under Sec. 761.30(e)(1) 
through (e)(5) are also being proposed for removal. The introductory 
paragraphs for Secs. 761.30(d) and 761.30(e) would be amended to allow 
heat transfer or hydraulic systems that were in operation after July 1, 
1984 at a concentration level of less than 50 ppm PCBs to be serviced 
to maintain a concentration level of less than 50 ppm PCBs. This action 
is being proposed so that heat transfer and hydraulic systems that were 
in compliance (containing less than 50 ppm PCBs in their fluids) could 
be serviced to maintain PCB levels at less than 50 ppm should the PCB 
levels rise above 50 ppm because of leaching from the systems. Heat 
transfer and hydraulic systems could only be serviced with fluids 
containing PCBs at less than 50 ppm.

T. Chart of Marking and Recordkeeping Requirements

    The following chart has been prepared to help clarify the marking 
and recordkeeping provisions discussed in this proposed rule. It 
summarizes the marking and recordkeeping provisions as they exist now 
under 40 CFR part 761, as well as the proposed changes discussed above 
in Unit III of this preamble.

                              Table 1.--PCB Marking and Recordkeeping Requirements                              
----------------------------------------------------------------------------------------------------------------
                                                                     Existing disposal and                      
   Regulated items        Existing marking     Existing in-service    storage-for-disposal    Proposed changes  
                            requirements            records\1\             records\1\        resulting from rule
----------------------------------------------------------------------------------------------------------------
PCB Containers.......  ML on item, ML on      Total Kg weight of     Date container,        Mark transport      
                        transport vehicle if   all containers,        serial or I.D. No,     vehicle carrying   
                        carrying 45 kg or      description of         Kg weight of each,     over 45 Kg liquid  
                        more liquid PCBs       contents               description of         or solids          
                                                                      contents, dates of                        
                                                                      removal; transport;                       
                                                                      and disposal, total                       
                                                                      No. & Kg weight                           
                                                                                                                
PCB Article            ML on item             Total Kg weight of     Serial or I.D. No.,    Date article        
 Containers.                                   all containers,        Kg weight of each,     container          
                                               description of         description of                            
                                               contents               contents, dates of                        
                                                                      removal; transport;                       
                                                                      and disposal, total                       
                                                                      No. & Kg weight                           
                                                                                                                
PCB Transformers.....  ML on item, ML on      Total No. of units,    Date article, serial   Record of sale,     
                        access to unit         total Kg weight,       or I.D.No., Kg of      record of in-      
                        (doors, etc), ML on    inspection &           fluid in each, dates   service            
                        transport Vehicle      maintenance records    of removal;            registration with  
                                                                      transport; and         EPA                
                                                                      disposal, total No.                       
                                                                      & Kg weight                               
                                                                                                                
PCB Large High         ML on unit or on       Total No (-protected   Date article, serial   Record of sale      
 Voltage (LHV)          protected location     location records if    or I.D. No., Kg of                        
 Capacitors.                                   applicable)            fluid in each, dates                      
                                                                      of removal;                               
                                                                      transport; and                            
                                                                      disposal, total No.                       
                                                                      & Kg weight                               
                                                                                                                
PCB Large Low Voltage  ML on item when        Total No.              Date article, serial   Record of sale, in- 
 (LLV) Capacitors.      removed from use.\2\                          or I.D. No.Kg of       service marking    
                                                                      fluid in each, dates                      
                                                                      of removal;                               
                                                                      transport; and                            
                                                                      disposal, total No.                       
                                                                      & Kg weight                               
                                                                                                                
PCB Small Capacitors.  (\2\)                                                                                    
                                                                                                                
PCB Contaminated       Not required           Not required           Not required (once     Record of sale      
 Electrical Equipment.                                                drained)                                  
                                                                                                                
PCB Equipment that     ML on item when        Records required for   Records required for   In-service marking, 
 contains Large High    removed from use or    LHV Capacitors or      LHV Capacitors or      record of sale     
 Voltage (LHV)          distributed in         transformers           transformers                              
 Capacitors or          commerce                                                                                
 transformers.                                                                                                  
                                                                                                                
Natural Gas Pipelines  ML on item                                                           Appurtenances & air 
 & Compressors (2 ppm).                                                                              added to definition
                                                                                                                
Bulk PCB waste.......  ML on container                               Kg weight/quantity &                       
                                                                      dates of each batch                       
                                                                      in or out. Also                           
                                                                      disposition of each                       
                                                                      batch out, total Kg                       
                                                                      weight                                    
                                                                                                                
Storage areas........  ML on area                                    Annual records as      Maintain inventory  
                                                                      required under Sec.    on site, records of
                                                                      761.180                inspections,       
                                                                                             generators must    
                                                                                             also file Annual   
                                                                                             Reports, records of
                                                                                             attempts to dispose
                                                                                             of within 1-year   
                                                                                                                
Transport vehicles...  ML on vehicle if                              Marking also required                      
                        contains PCB                                  if carrying 45 Kg or                      
                        transformer(s) or 45                          more solid PCBs                           
                        kg or more liquid                                                                       
                        PCBs                                                                                    
                                                                                                                
Access to PCB          ML or approved mark                                                                      
 Transformers.                                                                                                  
                                                                                                                
PCB motors, hydraulic  ML on item                                                           Record of sale      
 and heat-transfer                                                                                              
 systems\3\.                                                                                                    
                                                                                                                
Pre-TSCA Uses........                                                                       ML in facility,     
                                                                                             records of         
                                                                                             historical use, air
                                                                                             monitoring, & wipe 
                                                                                             sampling           
----------------------------------------------------------------------------------------------------------------
\1\ Annual recordkeeping requirements are bolded.                                                               
\2\ Manufacturers are required to mark non-PCB Large Low Voltage capacitors, small capacitors, and fluorescent  
  light ballasts with a ``No PCBs'' label until 7/1/98.                                                         
\3\ The use of these PCB items is no longer authorized.                                                         

IV. Proposed Amendments to the Notification and Manifesting Rule

    Since the promulgation of the PCB Notification and Manifesting 
(N&M) rule on December 21, 1989 (54 FR 52716) a number of issues have 
been raised that were not contemplated when the final rule was being 
drafted. Some of these issues were raised by litigants who petitioned 
the Agency for review of the rule or by other waste handling 
associations. Other items which are being proposed in today's notice 
have been previously promulgated under RCRA regulations and seem 
appropriate for inclusion in the PCB N&M rule. Some of the issues below 
are simply clarifications and are not intended to result in changes to 
the codified sections of 40 CFR part 761. EPA is soliciting comments on 
the following proposed amendments and clarifications to the PCB N& M 
rule.

A. Small Quantity Exemption for Solids

    On June 27, 1990 (55 FR 26204), EPA issued a correction to the N&M 
rule that among other things sought to clarify the definition of 
``Commercial storer of PCB waste'' at Sec. 761.3. The word ``liquid'' 
was added to the phrase ``exceeds 500 gallons of PCBs'' so that the 
phrase now reads ``exceeds 500 liquid gallons of PCBs.'' This excluded 
facilities that were storing at any one time less than 500 gallons of 
liquid PCB waste from the need to seek approval as a commercial storer 
of that waste.
    In a petition for review of the N&M rule, filed with the District 
of Columbia Circuit Court of Appeals on September 25, 1990, the 
petitioner claimed that EPA acted arbitrarily when it narrowed the 
small volume exemption in the definition of commercial storer so that 
only storers of liquid PCB wastes at amounts of less than 500 gallons 
would qualify. EPA agreed that there were certain classes of businesses 
(e.g., companies performing PCB waste treatability studies and 
laboratories affiliated with PCB handling companies) that on occasion 
may possess relatively small quantities of solid PCB waste generated by 
others. Under the current rule, these companies do not qualify for the 
exemption for small quantity liquid and, therefore, must apply for 
approval as commercial storers of PCB waste.
    EPA agreed there may be reasons for establishing a small quantity 
exemption for solids to complement the rule's small quantity exemption 
for liquids. EPA also indicated to the petitioner that until a formal 
amendment to the rule was promulgated, no enforcement action would be 
taken against a facility storing small quantities of PCB solids without 
a commercial storage approval if the following requirements were met:
    (1) Timely notification to EPA of its PCB waste activities.
    (2) Storage at no time of more than 70 cubic feet of PCB solid 
waste, the approximate volumetric equivalent of 500 gallons.
    (3) Compliance with all other applicable requirements as set forth 
in TSCA or the PCB rules.
    This proposed rule would add a small volume exemption for storage 
of no more than 70 cubic feet of non-liquid PCBs to the definition of 
``commercial storer of PCB waste'' at Sec. 761.3. EPA is soliciting 
comments on the appropriateness of this small volume exemption for 
solids and in particular, whether 70 cubic feet is an appropriate 
cutoff.
    Also in the proposed amendment to the definition of commercial 
storer at Sec. 761.3, EPA is clarifying a point on the change of 
ownership or release of title of PCB waste and how that relates to a 
person becoming or not becoming a commercial storer of PCB waste. The 
following example illustrates the proposed clarification. If a facility 
that generates and stores its own waste (e.g., transformers) is sold 
(or the title otherwise changes ownership), the new owner (or holder of 
the title) does not become a commercial storer of PCB waste because the 
owner is now a storer of waste generated by someone else. The waste, 
along with the facility, is now owned by the purchaser, and the 
purchaser is storing its own waste; therefore the purchaser is not a 
commercial storer.

B. Clarification of Exception Reporting

    EPA is proposing to amend Sec. 761.215(b), (c), and (d), which 
discuss the times when a generator, commercial storer, or disposer must 
submit One-year Exception Reports to the EPA Regional Administrator. 
Currently, a disposer is required to submit a One-year Exception Report 
whenever both of the following occur:
    (1) The PCB waste is received on a date more than 9 months from the 
date the PCB waste was removed from service for disposal as indicated 
on the manifest.
    (2) The disposer could not dispose of the PCB waste within 1 year 
from the date of removal from service for disposal.
    A generator is required to submit the Exception Report when a copy 
of the manifest with the hand-written signature of the owner or 
operator of the designated facility has not been received within 45 
days of the date the waste was accepted by the original transporter. 
Also, a generator or commercial storer who manifests PCBs or PCB Items 
to a disposer of PCB waste must submit the Exception Report when both 
of the following occur:
    (1) The waste was transferred to the disposer within 9 months of 
the date of removal from service for disposal as indicated on the 
manifest.
    (2) The generator or commercial storer has not received within 13 
months from the date of removal for disposal a Certificate of Disposal 
(CD) or they receive the CD and it indicates that the waste was 
disposed of on a date more than 1 year after the date of removal from 
service for disposal.
    These sections of the regulation do not, however, indicate when the 
disposer, commercial storer, or generator has to submit the One-year 
Exception Report to the Regional Administrator. EPA is proposing to 
amend Secs. 761.215(b), (c), and (d) to require that the disposer, 
commercial storer, or generator submit the One-year Exception Report to 
the Regional Administrator no later than 30 days from the discovery of 
the passage of the regulatory deadlines. EPA solicits comments on the 
appropriateness of the proposed 30-day period.

C. Timing for Submission of the Certificate of Disposal

    Section 761.218(b) requires that a Certificate of Disposal (CD) be 
sent to the generator indicated on the manifest that accompanied the 
shipment of PCB waste to the disposal facility within 30 days of the 
date that disposal of the PCB waste identified on the manifest was 
completed. Section 761.215(d)(2) indicates that one of the occasions 
when a generator or commercial storer should submit a One-year 
Exception Report to the Regional Administrator is when the CD is not 
received from the disposer within 13 months from the date of removal 
from service for disposal (DORFSFD).
    EPA wishes to clarify that there may be different DORFSFD dates for 
different individual items on any given manifest. This means that some 
items listed on the manifest will need to be disposed of earlier than 
others to meet the 1-year time limit for storage and disposal. Due to 
the fact that there may be different disposal dates for different items 
on the same manifest, there will also be different CDs associated with 
those different disposal dates (unless of course, the entire shipment 
listed on the manifest is disposed of before the 1-year anniversary of 
the item with the earliest DORFSFD). The generator may either submit 
more than one manifest per shipment based on whether or not there are 
different DORFSFDs for the items in the shipment or attach a 
continuation sheet to reflect the different DORFSFDs. This may be time 
consuming initially, but will ensure that the generator receives a 
proper CD that identifies the specific PCB Items (noting the 
generator's identifying number, if assigned) to close the disposal loop 
on the generated waste. EPA wants to make clear that it is not 
appropriate to base the disposal of the item on the manifest with the 
latest DORFSFD or, correspondingly, to send the CD based on that item.

D. No Manifest for Pre-1978 <50 ppm Spills

    EPA proposes to amend Sec. 761.207(j). This section describes what 
wastes, based on PCB concentration and factoring in whether or not 
dilution has occurred, are subject to the manifesting requirements. The 
section now states that if the waste contains less than 50 ppm PCBs, 
but comes from a source that contained greater than 50 ppm PCBs, the 
waste is subject to the manifesting and disposal requirements. Cited as 
an example is PCB spill cleanup material containing less than 50 ppm 
when the spill involved material containing greater than 50 ppm.
    The proposed amendment at Sec. 761.207(j) would specify that there 
is no manifest requirement for material currently below 50 ppm that 
derives from pre-April 18, 1978, spills (of any concentration) or pre-
July 2, 1979 spills less than 500 ppm. This is because (1) the material 
``as found'' is below the regulatory threshold that would make it 
subject to the disposal requirements of subpart D, and (2) the original 
spilled material was either below or not subject to the disposal 
requirements of part 761, subpart D at the time of the original spill.
    In addition, the manifest requirement does not apply to material 
derived from spills that have been decontaminated in accordance with 
EPA's spill cleanup policies. In other words, material containing PCBs 
that has been decontaminated to the policy standards to a level below 
50 ppm would not be treated as if it contained greater than 50 ppm PCBs 
for disposal purposes, and could be disposed of in a municipal landfill 
or by other non-PCB disposal methods. This position is consistent with 
EPA's regulations that permit material that has been contaminated as 
the result of a spill of PCBs to be distributed in commerce if the 
material is decontaminated in accordance with the applicable spill 
cleanup policies. (See 40 CFR 761.20(c)(5).)
    EPA is soliciting comments on the proposed amendment to 
Sec. 761.207(j) to make it clear as to when one does or does not have 
to manifest PCB waste material that is less than 50 ppm.

E. Notification by Transporters

    It has come to the Agency's attention that there is some confusion 
in the regulated community as to whether a subcontractor or a 
``permanently leased operator'' can use the EPA Identification Number 
(EPA ID number) issued to an unrelated company that has notified as a 
transporter.
    Since any person engaged in the transportation of regulated PCB 
waste must, under current Sec. 761.205, apply for and receive an EPA ID 
number, a ``permanently leased operator'' or a subcontractor must 
notify separately and receive a separate and distinct EPA ID number to 
transport PCB waste. The intent of the PCB N&M rule would be subverted 
if this were not the case. The Agency would have no record of who was 
doing the actual physical transport of PCB waste. Theoretically, a 
company could apply for a master ID number that could be used by 
hundreds of permanently leased operators or subcontractors. This would 
be clearly contrary to the intent of the N&M rule which is to have a 
record of each PCB waste handler. The regulations at Sec. 761.3 define 
a ``Transporter of PCB waste'' as ``...any person engaged in the 
transportation of regulated PCB waste ...'' and Sec. 761.205 requires 
that all transporters notify EPA of their PCB waste handling 
activities.

F. Renotification for Changes in Facility Operations

    Sections 761.202 and 761.205 discuss who must obtain an EPA ID 
number and how to obtain such an ID number through the use of EPA Form 
7710-53. EPA wishes to clarify that when a facility has previously 
notified the Agency of its PCB waste handling activities using EPA Form 
7710-53 and those activities change (e.g., the owner or operator of the 
facility notified EPA as a commercial storer and now wants to engage in 
the transport of PCB waste, or notified as a transporter and a 
commercial storer but no longer wishes to engage in the activity of 
transporting PCB waste), the notifier must resubmit EPA Form 7710-3 to 
reflect those changes. Other examples of when a PCB waste handler must 
renotify the Agency include, but are not limited to, when the company 
stops handling PCB waste or changes the facility's location. Indication 
in a cover letter or on the form itself that this is a resubmission 
based on changes in facility operations and not a new submission will 
help to facilitate the process.
    EPA is proposing to add this requirement for resubmission of EPA 
Form 7710-53 when there is a change in a facility's status to new 
Sec. 761.205(f). EPA is proposing that the resubmission be submitted to 
EPA no later than 5 work days after the change was made.

G. Transfer of Ownership of Commercial Storage Facilities

    EPA is proposing to amend Sec. 761.65 by adding a new paragraph (j) 
to include language on the procedures and timing associated with the 
transfer of ownership of a commercial storage facility. The timing and 
procedures would apply to facilities with either interim or final 
approval.
    Existing commercial storage facilities had until August 2, 1990, to 
submit a completed application to EPA and receive interim status to 
operate until the application was formally approved or denied. Section 
761.65(d)(3) describes the information that must be included in the 
application, such as a closure plan, closure cost estimate, and 
financial assurance for closure. The N&M rule did not, however, discuss 
procedures and criteria for transferring ownership of a facility with 
interim status or final approval to operate (as is the case under the 
regulation implementing RCRA at 40 CFR 270.72(a)(4)). The Agency is 
soliciting comments on the following proposed procedure as a way to 
address the issue of transfer of ownership of commercial storage 
facilities.
    The Agency would recognize the transfer of interim status or final 
approval for commercial storage facilities if all the following 
conditions were met:
    (1) The transferee demonstrated it had established, by the date of 
transfer, financial assurance for closure pursuant to Sec. 761.65(g) 
using a mechanism effective as of the date of final approval. This 
would assure that there would be no lapse in financial assurance for 
the transferred facility.
    (2) The transferee submitted a new and complete application for 
final storage approval.
    (3) Any significant deficiencies (e.g., technical operations, 
closure plans, cost estimates) that EPA had identified in the 
application of the transferor, were resolved in the new application by 
either the transferor or by the transferee.
    The new application would also have to include all the elements 
listed in 40 CFR 761.65(d)(3), including but not limited to, a 
demonstration that the applicant and its principal and key employees 
were qualified to engage in the business of commercial storage of PCB 
waste, the facility had the capacity to handle the PCB waste estimated 
by the applicant, certification of compliance with the storage facility 
standards at Sec. 761.65(b) and/or (c)(7), a written closure plan, 
demonstration of financial responsibility for closure, demonstration 
that operation of the facility would not present an unreasonable risk 
of injury to health or the environment, and the environmental 
compliance history of the applicant and its principals and key 
employees.
    Before the transfer of interim status or final approval could 
occur, EPA would have to review the new application and deem it 
``complete,'' i.e., all the required elements were included in the 
application. The application would also have to correct any significant 
deficiencies previously identified. Of course, EPA would reserve the 
right to deny the transfer of the interim approval status or final 
approval if upon interim review of the new application, EPA determined 
that the transferee was not qualified or was unable or unwilling to 
achieve and maintain its operations in compliance with TSCA and the PCB 
rules. In addition, a determination by the EPA Regional Administrator 
that the transfer of interim status or final approval could occur would 
not be determinative of the final decision that would be made regarding 
the commercial storage application. EPA would also reserve the right to 
deny any subsequent transfer request respecting a particular facility 
if EPA believed that such a transfer was undertaken to avoid the 
requirement of seeking a final commercial storage approval.
    The requirements proposed above would have to be met before EPA 
would recognize the transfer of interim status. For example, Company 
``X'' is interested in acquiring ownership of Company ``Y'', which has 
interim status to operate as a commercial storer of PCB waste. If EPA 
does not recognize the transfer of interim status before Company ``X'' 
takes legal title of ownership of the facility from Company ``Y'', 
Company ``X'' may be in violation of the commercial storage regulations 
because it did not have interim status to operate at the time it took 
legal title.
    To facilitate the transfer of ownership, the Agency also solicits 
comments on whether a ``new'' application is entirely necessary. If, 
for example, the transferee accepted the contents of the old 
application, the only parts of the application that would have to be 
amended (excluding any deficiencies that have yet to be corrected) 
would be the financial assurance for closure, a new list of principles 
and key employees, and the compliance history of any business with 
which those individuals had been affiliated in the preceding 5 years. 
This submission of an ``amended'' application would save both the 
transferee and the EPA time and money and ultimately facilitate the 
transfer process.

H. Modifications to Storage Facilities

    Section 761.65(e)(4) discusses when a commercial storage facility 
must submit a request to EPA for a modification to its storage approval 
to amend its closure plan. The Agency is proposing a similar 
requirement for revising the financial assurance for closure when there 
are modifications to the commercial storage facility, for example, 
where the facility is enlarged and the maximum inventory of waste 
increases sufficiently to warrant an increase to the financial 
assurance mechanism. EPA is proposing to add Sec. 761.65(g)(9) to 
indicate that when a modification to the storage facility occurs that 
warrants establishing a new financial assurance mechanism or amending 
the existing financial assurance mechanism, the owner or operator shall 
have established and activated the new financial assurance mechanism no 
later than 30 days after the Regional Administrator (or Director, CMD) 
is notified of the completion of the modification of the facility, but 
prior to the use of the modified portion of the facility. In addition, 
the Regional Administrator (or Director, CMD) would have to be notified 
in writing no later than 7 days of completion of the modification to 
the facility. EPA is also soliciting comments on the appropriateness of 
adding those requirements to the existing language at Sec. 761.65(f)(3) 
since this section also addresses modifications (in this case closure) 
rather than adding a new paragraph (g)(9) to Sec. 761.65.

I. Clarification of Which Disposers Must Submit Annual Reports

    Section 761.180(b)(3) requires that each owner or operator of a PCB 
disposal or commercial storage facility shall submit an annual report 
to the Regional Administrator of the EPA Region in which the facility 
is located by July 15 of each year, that briefly summarizes the records 
and annual document log required to be maintained and prepared under 
paragraphs (b)(1) and (b)(2) of that section. Sections 761.180(b)(1) 
and (b)(2) are recordkeeping requirements including information 
obtained from manifests that are generated or received by the facility. 
If a disposal facility disposed of only its own waste and, therefore, 
never received or generated a manifest, it would still have to prepare 
an annual document log as per the requirements at 
Sec. 761.180(b)(2)(iii). However, the annual report requirements of 
Sec. 761.180(b)(3) should not be misinterpreted as not applying to such 
a facility simply because they do not receive or generate manifests.
    It was not the intent of the Agency to exclude disposers of PCB 
waste as defined at Sec. 761.3 who dispose of their own waste from the 
requirement to submit an annual report. To remedy this discrepancy, EPA 
is proposing amendments to Sec. 761.180(b)(3) that would state that a 
disposer's obligation to submit an annual report is based on the act of 
disposing of PCB waste material and not necessarily whether or not 
manifests were received or generated at the facility. This should 
clarify EPA's intent on receiving annual reports from all disposers of 
PCB waste, including those disposing of their own waste.

J. Financial Assurance Mechanism: Non-Parent Corporate Guarantee

    EPA is proposing to reference 40 CFR 264.143(f)(10) of the 
regulations implementing RCRA (final rule September 16, 1992, 57 FR 
42832) to add an additional financial assurance mechanism for closure 
of PCB commercial storage facilities. This mechanism allows for the 
corporate guarantor to also be a firm with a ``substantial business 
relationship'' (as in RCRA Subtitle C) with the owner or operator of 
the commercial storage facility. This additional financial mechanism 
would be added to Sec. 761.65(g) by adding it as paragraph (g)(7) and 
redesignating existing paragraph (g)(7) as paragraph (g)(8).

K. Notification and Manifesting of Samples

    1. General. The PCB N&M rule requires that generators prepare 
(Sec. 761.207(a)) and transporters sign and date (Sec. 761.208(b)(2)) a 
manifest for each shipment of PCB waste. The rule exempts ``laboratory 
samples'' from the manifesting requirements when the samples are, among 
other things, ``being transported to a laboratory for purposes of 
testing'' (Sec. 761.65(i)(2)). The Agency's policy is that media 
containing PCBs at >50 ppm which are being sent to validate PCB 
disposal methods are not subject to the manifesting requirements of 
Sec. 761.207 and Sec. 761.208.
    Unlike the requirements promulgated for hazardous wastes under RCRA 
at 40 CFR 261.4, the final PCB N&M rule did not include an exemption 
from the manifesting requirements for treatability study samples. While 
the N&M rule adopted almost verbatim 40 CFR 261.4(d) regarding 
laboratory samples, it did not incorporate 40 CFR 261.4(e) regarding 
treatability study samples. Accordingly, at this time, the exemption 
applies only to PCB samples sent to a laboratory to determine 
concentration.
    Under the existing TSCA requirements, the treatability medium is 
not an exempt ``laboratory sample'' for two reasons. First, the medium 
is not being transported ``for the purposes of testing''. The preamble 
to the N&M Rule strongly suggests that ``for purposes of testing'' 
means analysis to determine the sample's concentration (e.g., is it 
50 ppm?). As the preamble to the N&M rule states, samples 
that are sent to a laboratory to determine the PCB concentration are 
implicitly authorized for use and not subject to the disposal 
requirements until the analysis is complete or use in an enforcement 
case has ended. (See 54 FR 52716, 52719 (Unit III.D.), December 21, 
1989.) Treatability studies, on the other hand, are in essence small-
scale disposal experiments and not efforts solely to determine PCB 
concentration. The concentration of treatability media is already known 
to be greater than 50 ppm. The purpose of testing is not to determine 
the PCB concentration but to determine whether the disposal method 
under review works.
    In addition, the preamble makes it clear that to be exempt from the 
requirements of the N&M rule, laboratories must be ``independent'' from 
any company whose activities involve PCB waste handling, storage, 
treatment, and disposal. Where the entities receiving the media 
containing PCBs are themselves engaged in treatment and disposal 
activities and are affiliated with companies whose other activities 
also involve PCBs, they would be unable to satisfy the definition of 
``laboratory'' in Sec. 761.3.
    2. Definitions. In order to promote regulatory uniformity with the 
exemption for treatability study samples under RCRA and to help promote 
and facilitate research and development into alternate disposal and 
treatment technologies for PCB waste, the Agency is proposing a new 
self-implementing PCB disposal approval at Sec. 761.60(j) for research 
and development for PCB disposal of limited quantities of PCBs, 
including treatability studies, and to add Sec. 761.80(i) to create a 
class exemption for processors and distributors of limited quantities 
of media containing PCBs for research and development. This disposal 
approval is explained in greater detail in unit II.D.3.j. of the 
preamble and the class exemption is explained in greater detail in Unit 
III.J. of this preamble. In addition, EPA is proposing to amend 
Sec. 761.3 to add the definition of ``Treatability Study'' that would 
essentially mirror the existing definition under RCRA at 40 CFR 260.10. 
Treatment is a form of disposal under the PCB rules.

L. Clarification of the Term ``Facility''

    In today's proposed rule, the Agency is soliciting comments on the 
need to clarify the terms ``facility'' and ``facilities''. The term is 
used in different contexts throughout the regulatory text of 40 CFR 
part 761. The impetus for the Agency raising this need for a 
clarification of the term arose after reviewing a section of preamble 
language in the PCB Notification and Manifesting rule (54 FR 52716). In 
the preamble on page 52722, column 2, the discussion focusses on the 
requirement for generators with on-site storage facilities to notify 
the Agency of their PCB waste handling activities. The first two 
sentences in the last paragraph read, ``In submitting their 
notifications to EPA, members of this class of generator/storer will 
submit a notification form for each of their storage areas that is 
subject to Sec.  761.65. EPA will issue a unique identification number 
to each notifying storage facility, and this identification number will 
correspond to the physical location of the facility.''
    Here the terms ``storage area'' and ``storage facility'' are used 
interchangeably; in the first case to mean a particular building, 
structure, cell, or unit, and in the second instance, all structures on 
contiguous land or specified piece of property. As a matter of record, 
it was not the Agency's intent to require notification for each storage 
unit on the contiguous piece of property, which would result in 
multiple, individual identification numbers for that property. The 
facility, regardless of the number of storage areas or units on the 
piece of property, need only notify once for that contiguous piece of 
property. Therefore, in this instance, the term facility means, all 
contiguous land and structures used for the storage of PCB waste.
    There are, however, other sections of the PCB regulations where the 
term facility means an individual unit or structure; most notably at 
Sec. 761.65(b)(1). Here the regulation states that a facility used for 
the storage of PCBs and PCB Items shall have an adequate roof, walls, 
and floor; continuous curbing with a minimum 6 inch high curb; no floor 
drains or expansions joints, etc.; and shall not be located at a site 
below the 100-year flood water elevation. It is clear in this instance 
that the Agency is not referring to a contiguous piece of property but 
to an individual structure or unit.
    In the vast majority of cases in 40 CFR part 761, the term facility 
refers to the contiguous piece of property including the structures or 
individual storage or disposal units on that property. There are, 
however, 10 or so citations in the PCB regulations where the term 
facility refers only to the individual unit or structure. It is these 
10 places in the regulation where EPA is proposing to delete the term 
facility and insert a term whose definition will best represent the 
Agency's intent (i.e., an individual unit, structure, or building). The 
Agency solicits comments on the most appropriate term to convey this 
meaning. For purposes of this proposed rule, the term ``unit'' will be 
used to indicate this change in the proposed regulatory text.
    In addition, the Agency welcomes comments if it has inadvertently 
omitted a section or sections of the regulations where the term 
facility should be deleted and the term ``unit'' inserted or for that 
matter made a change where one was not appropriate.

V. Confidentiality

    All comments will be placed in the public record unless the 
commenter claims that they contain confidential business information 
(CBI) and the comments are clearly labeled as containing information 
claimed as CBI at the time of submission. Because of the need to 
expedite the review of any CBI claims, each claim must be accompanied 
by detailed comments substantiating the claim as described in 40 CFR 
2.204(e)(4). While a part of the public record, comments claimed as CBI 
will be treated in accordance with 40 CFR part 2. A sanitized version 
of all comments subject to CBI claims must be submitted to EPA for the 
public record by the close of the comment period.
    It is the responsibility of the commenter to comply with 40 CFR 
part 2 so that all materials claimed as confidential may be properly 
protected. This includes, but is not limited to, clearly indicating on 
the face of the comment (as well as on any associated correspondence) 
that information claimed to be CBI is included, or marking 
``CONFIDENTIAL,'' ``TSCA CBI,'' or a similar designation on the face of 
each document or attachment in the comment which contains the claimed 
CBI. EPA considers the failure to clearly identify the claimed 
confidential status on the face of the comment or attachment as a 
waiver of any such claim and will make such information available to 
the public without further notice to the commentor.

VI. Official Rulemaking Record

    In accordance with the requirements of section 19(a)(3) of TSCA, 
EPA is issuing the following list of documents, which constitutes the 
record of this proposed rulemaking. The official records of previous 
PCB rulemakings are incorporated as they exist in the TSCA Public 
Docket. This record includes basic information considered by the Agency 
in developing this proposal. A full list of these materials is 
available for inspection and copying in the TSCA Nonconfidential 
Information Center from 12 noon to 4 p.m. However, any CBI that is a 
part of the record for this rulemaking is not available for public 
review. A public version of the record, from which CBI has been 
excluded, is available for inspection.

A. Previous Rulemaking Records

    1. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs); Disposal and Marking Rule,'' Docket No. OPTS-68005, 43 FR 7150, 
February 17, 1978.
    2. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use 
Prohibitions Rule, ``44 FR 31514, May 31, 1979.
    3. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Process, Distribution in Commerce, and Use 
Prohibitions: Use in Electrical Equipment,'' Docket No. OPTS-62015, 47 
FR 37342, August 25, 1982.
    4. Official Rulemaking Record from ``Toxic Substances Control Act; 
Polychlorinated Biphenyls (PCBs); Manufacturing, Processing, 
Distribution in Commerce and Use Prohibitions; Response to Individual 
and Class Petitions for Exemptions,'' Docket No. OPTS-66008A, 49 FR 
28154, July 10, 1984.
    5. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use 
Prohibitions: Exclusions, Exemptions and Use Authorizations,'' Docket 
No. OPTS-62032A, 49 FR 28172, July 10, 1984.
    6. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs), Manufacturing, Processing, and Distribution in Commerce 
Exemptions,'' Docket No. OPTS-66008F, 53 FR 32326, August 24, 1988.
    7. Official Rulemaking Record from ``Polychlorinated Biphenyls; 
Notification and Manifesting for PCB Waste Activities,'' Docket No. 
OPTS-62059B, 54 FR 52176, December 21, 1989.
    8. Official Rulemaking Record from ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing and Distribution in Commerce 
Exemptions,'' Docket No. OPTS-66008G, 55 FR 21023, May 22, 1990.

B. Federal Register Notices

    1. USEPA. 42 FR 26564, May 24, 1977, ``Polychlorinated Biphenyls 
(PCBs) Toxic Substances Control, Proposed Rule.'' OTS 68005.
    2. USEPA. 43 FR 7150, February 17, 1978, ``Polychlorinated 
Biphenyls (PCBs); Disposal and Marking: Final Rule.'' OTS 68005.
    3. USEPA. 44 FR 31514, May 31, 1979, ``Polychlorinated Biphenyls 
(PCBs); Manufacturing Processing, Distribution in Commerce, and Use 
Prohibitions: Final Rule.''
    4. USEPA. 45 FR 33290, at 33325, May 19, 1980, ``Consolidated 
Permit Regulations: RCRA, Hazardous Waste; SDWA Underground Injection 
Control; CWA National Pollutant Discharge Elimination System; CWA 
Section 404 Dredge or Fill Programs; and CAA Prevention of Significant 
Deterioration: Final Rule.''
    5. USEPA. 46 FR 22144, April 15, 1981, ``Hazardous Substances: 
Notification of Treatment, Storage and Disposal Facilities: Notice of 
Availability of Form 8900-1, Interim Interpretative Notice and Policy 
Statement.''
    6. USEPA. 47 FR 37342, August 25, 1982, ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use 
Prohibitions: Use in Electrical Equipment: Final Rule.'' OPTS-62115.
    7. USEPA. 49 FR 28172, July 10, 1984, ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing, Distribution in Commerce, and Use 
Prohibitions: Exclusions, Exemptions, and Use Authorizations: Final 
Rule.'' OPTS-62032.
    8. USEPA. 49 FR 28154, July 10, 1984, ``Toxic Substances Control 
Act; Polychlorinated Biphenyls (PCBs); Manufacturing, Processing, 
Distribution in Commerce and Use Prohibitions; Response to Individual 
and Class Petitions for Exemptions: Final Rule.'' OPTS-66008A.
    9. USEPA. 49 FR 44978, November 13, 1984, ``Hazardous Waste 
Management System; Identification and Listing of Hazardous Waste: Final 
Rule and Denial of Rulemaking Petition.''
    10. USEPA. 52 FR 10688, April 2, 1987, ``Polychlorinated Biphenyls 
Spill Cleanup Policy: Final Rule.'' OPTS-62051.
    11. USEPA. 53 FR 32326, August 24, 1988, ``Polychlorinated 
Biphenyls (PCBs); Manufacturing, Processing and Distribution in 
Commerce Exemptions: Proposed Rule.'' OPTS-66008F.
    12. USEPA. 54 FR 22524, May 24, 1989, ``Reportable Quantity 
Adjustment--Radionuclides: Final Rule.''
    13. USEPA. 54 FR 52176, December 21, 1989, ``Polychlorinated 
Biphenyls; Notification and Manifesting for PCB Waste Activities: Final 
Rule.'' OPTS-62059.
    14. USEPA. 55 FR 8666, March 8, 1990, ``National Oil and Hazardous 
Substances Pollution Contingency Plan: Final Rule.''
    15. USEPA. 55 FR 12866, April 6, 1990, ``Polychlorinated Biphenyls; 
Wet Weight/Dry Weight Clarification: Proposed Rule.'' OPTS-62082.
    16. USEPA. 55 FR 21023, May 22, 1990, ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing and Distribution in Commerce 
Exemptions: Final Rule.'' OPTS 66008G [sic] OPTS 66008H.
    17. USEPA. 55 FR 26204, June 27, 1990, ``Polychlorinated Biphenyls 
(PCBs); Notification and Manifesting for PCB Wastes Activities; 
Correction to Final Rule.'' OPTS 62059.
    18. USEPA. 55 FR 30798, July 27, 1990, ``Corrective Action for 
Solid Waste Management Units at Hazardous Waste Management Facilities; 
Proposed Rule.''
    19. USDOT. 55 FR 52402, December 21, 1990, ``Performance-Oriented 
Packaging Standards; Changes to Classification, Hazard Communication, 
Packaging and Handling Requirements Based on UN Standards and Agency 
Initiative: Final Rule.''
    20. USEPA. 56 FR 9008, March 4, 1991, ``PCB State Enhancement Grant 
Program; Notice of Availability and Review.'' OPTS-280004.
    21. USEPA. 56 FR 26738, June 10, 1991, ``Disposal of 
Polychlorinated Biphenyls; Advanced Notice of Proposed Rulemaking.'' 
OPTS-66009.
    22. USEPA. 56 FR 26745, June 10, 1991, ``Disposal of 
Polychlorinated Biphenyls; Availability of Draft Guidance.'' OPTS-
66010.
    23. USEPA. 56 FR 30200, July 1, 1991, ``Standards Applicable to 
Owners and Operators of Hazardous Waste Treatment, Storage, and 
Disposal Facilities; Liability Requirements: Final Rule, Technical 
Amendment.''
    24. USEPA. 57 FR 7349, March 2, 1992, ``Polychlorinated Biphenyls 
(PCBs); Manufacturing, Processing and Distribution in Commerce 
Exemptions and Use Authorization: Proposed Rule.'' OPTS-66011.
    25. USEPA. 57 FR 21450, May 20, 1992, ``Hazardous Waste Management 
System; Identification and Listing of Hazardous Waste: Proposed Rule.''
    26. USEPA. 57 FR 37194, August 18, 1992, ``Land Disposal 
Restrictions for Newly Listed Wastes and Hazardous Debris.''
    27. USEPA. 57 FR 42832, September 16, 1992, ``Standards Applicable 
to Owners and Operators of Hazardous Waste Treatment, Storage, and 
Disposal Facilities; Financial Responsibility for Third-Party 
Liability, Closure, and Post-Closure: Final Rule.''
    28. Nuclear Regulatory Commission. 40 FR 19439, May 5, 1975, 
``Radioactive Material in Light-Water-Cooled Nuclear Power Reactor 
Effluents: Final Rule.''
    29. USEPA. 57 FR 20602, May 13, 1992, ``Hazardous Waste Management 
System; Notification Concerning the Basel Convention's Potential 
Implications for Hazardous Waste Exports and Imports; Notice.''

C. Reference Documents

    1. ASTM. Standard Test Method for Analysis of Polychlorinated 
Biphenyls in Insulating Liquids by Gas Chromatography. Standard D-
4059-91, (April 1991):12pp.
    2. Chemical Waste Management Inc. In the United States Court of 
Appeals for the District of Columbia Circuit. Chemical Waste 
Management, Inc., Petitioner, v. United States Environmental 
Protection Agency, Respondent. Petition for Review under Section 19 
of TSCA. Case No. 90-1469, (September 25, 1990):3pp. Submitted by 
J.B. Molloy, et al. of Piper Marbury, counsel.
    3. Chemical Waste Management. U. S. Court of Appeals, District 
of Columbia Circuit. Chemical Waste Management, Inc., Petitioner, v. 
U.S. Environmental Protection Agency, Respondent. Motion for 
Voluntary Dismissal -- Case No. 90-1469, (March 4, 1991):2pp. 
Prepared by J.B. Molloy, et al., of Piper Marbury, counsel.
    4. Midwest Research Institute. Letter from K. Boggess to J. 
Smith, Chemical Regulations Branch, EED, OPTS, USEPA, Subject: ``PCB 
surface decontamination experiments using kerosene'', EPA Contract 
No. 68-DO-0137, MRI Project No. 9801-A, Work Assignment No 30, (June 
25, 1992):4pp.
    5. Pepper, Hamilton Scheetz. Letter from W.J. Walsh, Counsel for 
Rollins Environmental Services (NJ) Inc., et al. to W.K. Reilly, 
Administrator, USEPA. Subject: Transmittal of a TSCA section 21 
petition regarding PCB disposal provisions, (February 2, 1990):4pp. 
[OPTS Docket 210025]
    6. Pepper, Hamilton Scheetz. Petition to Initiate a Proceedings 
for a Clarifying Amendment to 40 CFR 761.60 [under Section 21 of 
TSCA]. Submitted to the USEPA by W.J. Walsh, counsel for Rollins 
Environmental Services (NJ), Inc., et al. (February 2, 1990):40pp. 
[OPTS Docket 210025]
    7. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third 
Edition. SW-846, (November, 1986): Method Number 9095 Paint Filter 
Liquids Test (4pp.).
    8. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third 
Edition. SW-846, (November, 1986): Method 8080 Organochlorine 
Pesticides and PCBs (27pp.).
    9. USEPA, OSWER. Test Methods for Evaluating Solid Waste, Third 
Edition. SW-846, (November, 1986): Method 3540 Soxhlet Extraction 
(7pp.).
    10. U.S. Court of Appeals for the District of Columbia Circuit. 
Petition for Review of a Final Decision of the Environmental 
Protection Agency. Rollins Environmental Services (NJ) Inc., 
Petitioner v. U.S. Environmental Protection Agency, Respondent, Case 
No. 90-1508, (July 5, 1991):5pp.
    11. USDOE (Energy). Oak Ridge Incinerator Burn Plans (Material 
in Storage for Incineration and Estimates of Annual Waste 
Production) for PCB/Radioactive Waste. Oak Ridge Operations Office, 
(February 10, 1992):25pp.
    12. USEPA, and USDOE (Energy). Compliance Agreement Between the 
United States Department of Energy (DOE) and the United States 
Environmental Protection Agency (EPA), Toxic Substances Control Act 
-- In Re: DOE Facilities: Paducah, KY, Portsmouth, OH, and Oak 
Ridge, TN, (February 20, 1992):23pp.
    13. USEPA, OGC. Letter from J.C. Nelson, to F.S. Blake, Swidler 
Berlin, Chartered, counsel for General Motors Corporation and 
Chrysler Corporation. Subject: Petition for review of the PCB 
manifest rule, (December 20, 1990):3pp.
    14. USEPA, OGC. Letter from J.C. Nelson to M. Edgar of Piper 
Marbury, counsel for Chemical Waste Management, Inc. Subject: 
Petition for review re: PCB Notification and Manifesting Rule; 
Correction; dated June 27, 1990, (March 1, 1991):2pp.
    15. USEPA, OPPTS, EED. Note from D. Hannemann to the File, 
Subject: PCB Disposal Rule Amendment -- Criticality Meeting with 
DOE, [Energy], (June 5, 1992):2pp.
    16. USEPA, OSWER, HSCD. A Guide on Remedial Actions at Superfund 
Sites with PCB Contamination, Directive: 9355.4-01, (August 
1990):136pp and fact sheet (9355.4-01FS).
    17. USEPA, OSWER, OERR. Superfund National Results: CERCLIS 
Characterization Project. EPA/540/8-91/080, (October 1991):89pp.
    18. USEPA, OSWER, OERR. Superfund National Results: NPL 
Characterization Project. EPA/540/8-91/069, (October 1991):109pp.
    19. USEPA, Region 5. In the Matter of: Standard Scrap Metal 
Company, Respondent -- TSCA-V-C-288, Appeal No. 87-4, Final Decision 
by R.L. McCallum, Chief Judicial Officer. (August 2, 1990):20pp.
    20. USEPA, OPTS. TSCA Compliance Program Policy No. 6-PCB2, - 
Distillation, Solvent Extraction, Filtration, and Other Physical 
Separation Methods for PCBs, signed by A.E. Conroy, II, Director 
Compliance Monitoring Staff, Office of Pesticides and Toxic 
Substances, (August 16, 1983):4pp.
    21. USEPA, OPTS. Letter from J.A. Moore, Assistant 
Administrator, Office of Pesticides and Toxic Substances, to T.K. 
Allen, Piper and Marbury, counsel for USWAG. Subject: An 
interpretation of the PCB regulations on the disposal of drained 
carcasses from mineral oil transformers, (September 9, 1986):4pp.
    22. USEPA, OPTS. Letter from L.J. Fisher, Assistant 
Administrator, Office of Pesticides and Toxic Substances, to W.J. 
Walsh of Pepper, Hamilton Scheetz and W.H. Hyatt of Pitney, Hardin, 
Kipp Szuch. Subject: Response to the February 2, 1990 section 21 
petition, (June 8, 1990):5pp. [OPTS Docket 210025]
    23. USEPA, OPTS. Interim Guidance On Non-Liquid PCB Disposal 
Methods to be Used as Alternatives to a 40 CFR 761.75 Chemical Waste 
Landfill (CWL), (July 3, 1990):16pp.
    24. USEPA, OPTS, EAD. Summary of State PCB Management Programs, 
(February, 1991):193pp. Prepared under EPA Contract No. 68-D0-0020 
by Abt Associates, Inc.
    25. USEPA, OPTS, EED. Letter from M.P. Halper to L.J. Ogden, 
Interstate Natural Gas Association of America. Subject: Responses to 
letter of March 17, 1988 re: natural gas pipeline removal and 
retirement, (June 6, 1988):12pp.
    26. USEPA, OPTS, EED. Memorandum from K.A. Hammerstrom to D. 
Keenher, EED. Subject: Exposure to PCBs in recycled pipe, (July 7, 
1988):8pp.
    27. University of Wisconsin-Madison. Letter via facsimile from 
Peter Reinhardt to John Smith, Operations Branch, CMD, OPPTS, USEPA. 
Subject: Research in physical chemistry since 1947 using Aroclors as 
solvents, (March 22, 1994): 5pp.
    28. USEPA, OPPTS, EETD. Costs of Compliance with the Proposed 
Amendments to the PCB Regulations (July 14, 1994); 241pp.
    29. USEPA, OPTS, EED. Wipe Sampling And Double Wash/Rinse 
Cleanup as Recommended by the Environmental Protection Agency PCB 
Spill Cleanup Policy, (June 23, 1987, Revised and Clarified on April 
18, 1991):22pp. Prepared by J.H. Smith.
    30. USEPA, OPTS, EED. Summary of Comments Received in Response 
to the Advanced Notice of Proposed Rulemaking for PCB Disposal by 
Submitter, Docket number OPTS 66009, Draft, (March 5, 1992):213pp. 
Prepared under EPA contract by Versar Inc.,
    31. USEPA, OPTS, EED. Summary of Comments Received in Response 
to the Advanced Notice of Proposed Rulemaking for PCB Disposal by 
Topic Area, Draft. Prepared under EPA contract by Versar Inc., 
(March 5, 1992):179pp.
    32. USEPA, OPTS, and USEPA, OCM. Letter from C.L. Elkins, 
Director, Office of Toxic Substances, and A.E. Conroy II, Director 
of the Office of Compliance Monitoring, to State Colleagues. 
Subject: Use of PCB capacitors in household ``white goods'', 
(October 20, 1988):3pp.
    33. USEPA, OPTS, and USEPA, OCM. Letter from C.L. Elkins, 
Director, Office of Toxic Substances and A.E. Conroy, Director, 
Office of Compliance Monitoring, to H. Cutler, Institute of Scrap 
Recycling Industries, Inc. Subject: Use of PCB capacitors in 
household ``white good'', (October 20, 1988):3pp.
    34. USEPA, OPTS, EED, and USEPA, OSW. Project Summary -PCB, Lead 
and Cadmium Levels in Shredder Waste Materials: A Pilot Study. (EPA 
560/5-90-008A), (April 1991):14pp.
    35. USEPA, Region VIII. Memo from T.C. Pauling, Toxics Section, 
to Tony Baney, Chief, Chemical Regulation Branch, Subject: Follow Up 
Documentation for Region VIII Comments on the PCB Disposal 
Amendments Draft Proposal (May 27, 1992):8pp.
    36. USEPA, Response to Comments on the PCB Wet Weight/Dry Weight 
Clarification Proposed Rule, June 1993.
    37. ASTM. Letter from Robert L. Meltzer to David Kling, Acting 
Director, EAD, OPPT, USEPA. Subject: Use of copyrighted ASTM 
standards in EPA regulations, (May 21, 1992): 1p.
    38. USEPA, OGC. Letter from Thomas W. Gorman, Patent Counsel, to 
Morris Brooke, General Counsel for ASTM. Subject: Use of ASTM 
standards in EPA regulations, (November 18, 1992): 2pp.
    39. USEPA, OIG. Memorandum from Kenneth A. Konz, Assistant 
Inspector General for Audit to Linda J. Fisher, Assistant 
Administrator, OPPTS, USEPA. Subject: Special Report No. E1EPG2-11-
6000-2500065, Review of EPA Rule Regulating PCB Transformer Fires, 
(August 21, 1992): 24pp.
    40. Monsanto, Co. Letter from Gary W. Mappes, Chairman, CMA PCB 
Panel, to Tony Baney, Chemical Regulation Branch, EED, OPTS, USEPA. 
Subject: SAB report on leachability and ANSI/ANS 16.1 Leachability 
Test, (May 19, 1993): 1p.
    41. Kelly, Stansfield O'Donnell. Letter from Lloyd W. Landreth 
to Tom Simons, Operations Branch, CMD, OPPTS, USEPA. Subject: 
Manufacturers' certification of oil-filled equipment, (October 30, 
1992): 5pp.
    42. Kelly, Stansfield O'Donnell. Letter from Lloyd W. Landreth 
to Tom Simons, Operations Branch, CMD, OPPTS, USEPA. Subject: 
Follow-up to letter of October 30, 1992, (November 16, 1992): 2pp.
    43. General Electric Co. Letter from Marion P. Herrington, 
Environmental Compliance Counsel, to Tony Baney, Chemical Regulation 
Branch, EED, OPTS, USEPA. Subject: Import of PCB waste from U.S. 
territories to the continental U.S., (April 23, 1992): 3pp.
    44. USEPA. Letter from Michael J. Walker, OE, and Michael F. 
Wood, OCM, to Marion P. Herrington, General Electric Co.. Subject: 
Response to April 23, 1992 letter, (August 14, 1992): 2pp.
    45. USEPA, OPPTS, OPB. Toxic Characteristic Leaching Procedure 
(TCLP) for Galbestos Siding Material (August 16, 1993): 35pp. 
Prepared under EPA Contract No. 68-DO-0137 by Midwest Research 
Institute.
    46. S.D. Myers, Inc. Summary of Results: PCB Levels in Light 
Ballast Compound, (August 11, 1993): 31pp.
    47. Rollins Environmental Services, Inc.. Analytical Protocol 
and Analytical Results from PCB Ballast Study (September 20, 1993): 
112 pp.
    48. USEPA. Draft Strategy for Combustion of Hazardous Waste, 
(May, 1993): 14pp.
    49. Hazardous Waste Treatment Council. Petition For Rulemaking 
to Amend 40 CFR 761.60 [under section 21 of TSCA]. Submitted to 
USEPA by Richard C. Fortuna, Executive Director for the Hazardous 
Waste Treatment Council, Franklin D. Sales, President of Salesco 
Systems USA, Inc., and Brin McCagg, Vice-President of FulCircle 
Ballast Recyclers (December 15, 1992). [OPTS Docket NON1]
    50. USEPA, OPPTS. Letter from Victor J. Kimm, Acting Assistant 
Administrator, Office of Pesticides and Toxic Substances, to Richard 
C. Fortuna, Executive Director for the Hazardous Waste Treatment 
Council, Franklin D. Sales, President of Salesco Systems USA, Inc., 
and Brin McCagg, Vice-President of FulCircle Ballast Recyclers. 
Subject: Response to the December 15, 1992 section 21 petition, 
(March 17, 1993). [OPTS Docket NON1]
    51. Salesco Systems, USA, Inc. Letter from Franklin D. Sales, 
President of Salesco Systems USA, Inc. to EPA Administrator Carol 
Browner. Subject: Petition for Rulemaking to Amend 40 CFR 761.60 
[withdrawal of name and support for section 21 petition] (October 8, 
1993).
    52. USEPA, OPPTS. Letter from Lynn R. Goldman, Assistant 
Administrator [signed by Victor J. Kimm] to Franklin D. Sales, 
President of Salesco Systems USA, Inc. Subject: Response to the 
letter of October 8, 1993, (January 4, 1994).
    53. USEPA, Green Lights. Lighting Waste Disposal, EPA's Green 
Lights Program, January 1994.
    54. DOE Order. Department of Energy Order No. 5480.5 dated 9-23-
86. Subject: Safety of Nuclear Facilities.
    55. Legislative History of the Toxic Substances Control Act 
Together With A Section-by-Section Index, Prepared by the 
Environment and Natural Resources Policy Division of the Library of 
Congress for the House Committee on Interstate and Foreign Commerce, 
December 1976, pages 616-618.
    56. U.S. Bureau of Mines, Mine Safety and Health Administration. 
Electrical Accidents in Bituminous Coal Mines, Miners Circular No. 
59, May 1959.
    57. USEPA, OPTS. Memorandum from John A. Moore, Assistant 
Administrator for Pesticides and Toxic Substances, to Gary O'Neal, 
Director, Air Toxics Division, EPA Region X. Subject: Disposal 
Requirements for PCB Small Capacitors, (March 4, 1985): 8pp.
    58. University of Wisconsin-Madison. Letter via facsimile from 
Peter Reinhardt to John Smith, Operations Branch, CMD, OPPTS, USEPA. 
Subject: Research in physical chemistry since 1947 using Aroclors as 
solvents, (March 22, 1994): 5pp.
    59. USEPA, OPPTS, EETD. Costs of Compliance with the Proposed 
Amendments to the PCB Regulations (July 14, 1994); 241pp.

VI. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the Order defines a ``significant regulatory action'' as an action that 
is likely to (1) have an annual effect on the economy of $100 million 
or more, or adversely and materially affecting a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities (also 
referred to as ``economically significant''); (2) create serious 
inconsistency or otherwise interfering with an action taken or planned 
by another agency; (3) materially alter the budgetary impacts of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive Order.
    Pursuant to the terms of this Executive Order, OMB determined that 
this rule was ``significant'' because of the substantial cost savings 
estimated in association with the changes proposed. As such, this rule 
was submitted to OMB for review and any changes made in response to OMB 
comments are available for review in the docket.

B. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (15 U.S.C. 8091 et 
seq. Pub. L. 96-534. September 19, 1980), requires EPA to prepare and 
make available for comment a regulatory flexibility analysis in 
connection with rulemaking. The initial regulatory flexibility analysis 
must describe the impact of the proposed rule on small business 
entities. If, however, a regulation will not have a significant impact 
on a substantial number of small entities, no such regulatory impact 
analysis is required.
    The proposed amendments to the PCB regulations will generate a 
variety of regulatory and deregulatory impacts on the diverse entities 
and industries affected by PCB handling and disposal requirements. This 
section examines the compliance costs and cost savings the regulated 
community will experience as a result of the proposed amendments. It 
also assesses how the PCB amendments will affect a variety of small 
businesses that handle and dispose of PCB Items and PCB wastes.
    1.  Cost estimation methodology. This section describes compliance 
costs and cost savings estimated for each of the proposed revisions to 
the PCB regulations. The cost estimates use various economic data 
inputs. In several cases, wage rate estimates were used for estimating 
the labor costs or cost savings from regulatory changes. The wage rates 
are derived from an EPA study and represent standard wage rate 
estimates used in OPPT studies. The hourly wage rates used are:

------------------------------------------------------------------------
                                                                Wage    
                                                           rates(hourly)
------------------------------------------------------------------------
 Managerial                                                      $60.42 
 Scientific                                                       52.39 
 Technical/Foreman                                                43.80 
 Legal                                                            80.69 
 Clerical                                                         21.73 
------------------------------------------------------------------------

    Several additional factors were considered in the cost analysis, 
including:
    \ Treatment of compliance costs for paragraphs that codify an 
existing EPA policy (i.e., elements that are presently in effect but 
are not part of the existing regulation).
    \ Compliance with the existing and the proposed regulation.
    \ Treatment of the effect of the proposed amendments on disposal 
capacity and disposal prices.
    \ Consideration of the time horizon for compliance costs, given the 
declining quantities of PCBs in use.
    \ Cost annualization methods.
Each topic is discussed below.
    Treatment of costs for provisions that codify EPA policy. In 
several instances, an EPA policy has been developed in response to new 
information received by EPA or concerns about compliance problems, and 
the proposed rule would codify these policies. Because the existing 
regulations differ from EPA's policies, two sets of cost estimates were 
prepared based on two different baselines. The strict language of the 
existing regulations served as the first baseline, which was used to 
generate cost estimates for all sections of the proposed regulations. 
Actual EPA policy or practice was used as the baseline for 29 
provisions of the amendments. In cases where the current EPA policy and 
the existing regulations do not differ, a single cost estimate was 
prepared and applied in either case.
    Compliance with the existing and the proposed regulations. All cost 
estimates were prepared assuming full compliance with the existing and 
the proposed regulations, although in reality, many companies are not 
in full compliance with the existing regulations. This study is 
designed only to estimate the costs of the proposed regulations; the 
actions necessary to achieve compliance with the existing regulations 
are not considered.
    Treatment of the effect of the proposed amendments on disposal 
capacity and disposal prices. The analysis does not reflect possible 
effects of the proposed amendments on either disposal capacity or 
disposal costs for PCB wastes. The proposed amendments include several 
elements that could reduce demand for disposal of PCB wastes in 
chemical landfills, such as allowing for longer storage of some wastes 
and for use of alternative disposal technologies. It is reasonable to 
anticipate that the availability of alternatives to TSCA permitted 
landfills and incinerators will lower costs for disposal at those 
facilities. Nevertheless, these market changes were not modeled in this 
study.
    Consideration of future declines in the volume of PCB waste 
requiring disposal. In future years the amount of PCB waste will 
decline. Discussions with various industry representatives, however, 
indicated that this waste stream still would be substantial for a 
number of years. Disposal of PCB-Contaminated soils from remediation 
sites, one of the major categories of wastes addressed in the proposed 
regulations, is likely to continue for several decades.1 Given 
that the time horizon for waste disposal remains so long, a declining 
time horizon for compliance costs or cost savings was not taken into 
account for this study.
---------------------------------------------------------------------------

    \ \The estimated time horion for disposal of PCB wastes from 
remediation sites is based on estimates of the time needed for 
remediating hazardous waste sites in the Superfund program. EPA 
estimated that at the current rate of cleanup, remediation of the 
sites on the National Priority List will take 48 more years (U.S. 
EPA, 1993).
---------------------------------------------------------------------------

    Cost annualization. In several cases, the compliance costs or cost 
savings would be incurred solely in the first year after regulatory 
implementation. Examples of such regulations include one-time 
requirements for the registration of transformers. Since most new 
elements create recurring annual costs or cost savings, consistency 
required that the one-time elements be annualized. The one-time items 
were annualized over 5 years at 3 percent per year (annualization 
factor of 0.2184). The 5-year time horizon was chosen as most 
appropriate for the administrative and recordkeeping tasks most 
numerous among the first-year requirements; a longer annualization 
schedule would have suggested long-term investments, such as in durable 
assets and equipment; a shorter term annualization schedule would 
suggest regulatory requirements that need to be renewed.
    2. Aggregate net cost estimates. Table 4-1 of the Regulatory Impact 
Analysis developed for this rulemaking presents the aggregate net cost 
savings for the PCB regulations under the two baselines. The net cost 
impact of the proposed amendments, using either current EPA policy or 
the EPA regulation as the baseline, is a cost savings of over $4 
billion per year. This figure was based on cost savings of $4.2 billion 
to $4.8 billion per year under the alternative baselines, and 
compliance costs of $11.6 million. As noted in the previous section, 
these cost savings would likely extend indefinitely into the future. 
The difference between the two baselines occurs because current EPA 
policy took into account exceptional compliance difficulties that arose 
when previously unknown sources of PCB contamination were discovered. A 
strict interpretation of the existing PCB regulations in these areas 
would have generated large compliance costs for various users of PCBs.
    The specific areas of additional compliance costs (i.e., 
incremental to baseline conditions) and cost savings are discussed 
below.
    a.  Areas of additional cost. The total incremental costs for new 
compliance requirements in the proposed regulations were estimated to 
be $11.6 million. This estimate does not include certain cost items 
that are included in paragraphs that show a net cost savings. The 
effect of these additional items on the total compliance costs, 
however, is quite modest. The compliance cost estimate is the same for 
either baseline since the existing regulatory environment does not 
influence the cost of new requirements. Table 4-2 of the Regulatory 
Impact Analysis developed for this rulemaking lists the sections of the 
proposed regulation that will lead to additional costs.
    Six provisions of the proposed regulations describe new 
recordkeeping or reporting requirements for facilities with PCB 
equipment or wastes. The two most costly of these requirements are 
under Sec. 761.180(a)(1)(iii) and (iv), which require recordkeeping and 
the preparation of an inventory of PCB equipment. These two sections 
would generate estimated annual compliance costs of $3,771,180.
    Another major cost increment would be generated by 
Sec. 761.60(b)(6)(ii), the disposal of drained PCB Articles. While the 
existing policy did not regulate the disposal of these articles, the 
proposed regulations specify acceptable disposal means. The total 
additional costs are estimated to be $3.5 million, generated primarily 
by greater costs for disposing of PCB-Contaminated Transformers. Most 
transformers now are disposed of via industrial furnace, but certain of 
these facilities would not meet the furnace standards specified in 
proposed Sec. 761.60(a)(4), and the furnaces no longer would be able to 
accept this equipment. It is likely that most of these PCB Articles 
would be incinerated or placed in chemical waste landfills.
    Costs of $1.3 million and $1.1 million per year were estimated for 
Sec. 761.40(k) and Sec. 761.30(a)(1)(vii), which cover the marking of 
PCB Large Low-Voltage Capacitors and Transformers and the registration 
with EPA of PCB Transformers in use, respectively. Many facilities are 
estimated to require 4 hours or more to locate, mark, and register 
these items. Similarly, the transformer registration requirement would 
require electric utilities and a variety of industrial facilities to 
submit information on their PCB Transformers. While this amendment 
requires only the submission of information that the firms should have 
readily available, a large number of facilities would incur some 
expense to register their PCB Transformers.
    Other proposed provisions estimated to generate incremental cost 
include:
    \ Section 761.67(a) limits the storage for reuse of PCB Articles to 
less than 3 years and prevents the indefinite storage of equipment. 
Incremental costs are estimated to be $0.9 million per year.
    \ Sections 761.40(d) and (h) extends marking requirements to cover 
transport vehicles carrying non-liquid PCBs. Incremental annual costs 
are estimated to be $236,000.
    \ Section 761.60(b)(4) specifies the amount of time PCB-
Contaminated Electrical Equipment must be drained and adds language to 
indicate appropriate options for the disposal of drained equipment. The 
added costs are estimated to be $131,400 per year.
    b. Areas of cost savings. Cost savings of $4.2 billion to $4.8 
billion per year are estimated using either existing EPA policy or the 
existing regulations as the baseline. The areas of estimated cost 
savings are summarized in Table 4-3 of the Regulatory Impact Analysis 
developed for this rulemaking.
    The provision expected to result in the largest cost savings 
(estimated at slightly over $4.0 billion per year) is proposed 
Sec. 761.61, which covers the disposal of remediation wastes when the 
existing EPA regulations are used as the baseline. This section allows 
an expanded set of disposal options and simplified administrative 
procedures, where the existing regulation allowed only chemical waste 
landfilling and incineration. There is, however, uncertainty about the 
estimate of the remediation rate (i.e., the amount of waste that is 
remediated annually); the variation in the plausible values of this 
estimate produces a range for the annual cost savings of $2 billion to 
$6 billion.
    The disposal of non-remediation waste, covered in proposed 
Sec. 761.62, is estimated to generate another large annual cost savings 
($150 million per year) compared to either the existing regulations or 
EPA policy. The proposed rule establishes disposal options other than 
chemical waste landfills or incineration for non-remediation wastes 
containing PCBs in concentrations <50 ppm.
    Additional substantial cost savings of the PCB amendments were 
estimated at $500 million per year for proposed Sec. 761.30(q), the 
Continued Use of Pre-TSCA PCBs. The proposed section provides that PCB 
Items (such as HVAC gaskets, plastic, plasticizers, electric cable, and 
others) would be authorized for use for the remainder of their useful 
life, whereas the existing regulations banned the use of these items. 
The large estimated savings for this section are based on the estimates 
of the number of buildings with PCB contamination for which continued 
use is allowed under the regulatory amendments. The number of these 
locations is not known, however, and thus cost savings can only be 
roughly approximated.
    Another provision that would result in cost savings is proposed 
Sec. 761.60(b)(5), which covers the abandonment and disposal of PCB-
Contaminated natural gas pipelines. An annual cost savings of close to 
$63 million is generated because the proposed regulations would allow 
considerably greater latitude in dealing with this waste stream than 
did the existing regulations. Under the existing regulations, all PCB-
Contaminated natural gas pipelines that are inaccessible for 
characterization or that contain PCBs in concentrations >500 ppm 
require excavation and either incineration or disposal in chemical 
waste landfills. Based on existing EPA policies, which are similar to 
the proposed regulations, the annual cost savings is much smaller--
$387,310.
    Another area of cost savings is estimated for proposed 
Sec. 761.60(b)(6)(iii), which identifies disposal options for nonporous 
surfaces, including metal ship and submarine hulls and air handling 
systems contaminated by PCBs at concentrations <100 g/100 
cm2. The existing regulations require these materials to be 
disposed of via chemical waste landfill or incineration. The annual 
cost savings of this provision is estimated to be $37.5 million, using 
either the existing regulations or EPA policy as the baseline.
    A cost savings of $10.6 million per year was estimated for 
Sec. 761.77, Coordinated Approval, using either the existing 
regulations or EPA policy as the baseline. These proposed regulations 
would acknowledge permits for PCB facilities (i.e, for land disposal, 
incineration, research and development, alternative disposal 
technologies, commercial storage, or site remediation) issued under 
other State and Federal environmental programs, including RCRA, and 
where states classify PCBs as hazardous wastes or regulate PCBs in a 
similar fashion to the TSCA regulations.
    Additional proposed provisions estimated to generate significant 
cost savings include:
     \ Section 761.65(c)(1)(iv) allows temporary storage of PCB 
containers with liquid PCBs at concentrations 50 ppm, 
provided that a Spill Prevention Plan has been prepared. Existing 
measures allow temporary storage only when concentrations are 50 ppm up 
to 500 ppm. The estimated annual savings is $3.0 million, using either 
the existing regulations or EPA policy as the baseline.
     \ Section 761.65(a) extends the allowable storage period for PCB 
wastes and allows EPA to grant storage time extensions in cases where 
the owner has shown due diligence in trying to dispose of wastes. The 
estimated savings compared to either the existing regulations or EPA 
policy, is $1.1 million per year.
     \ Section 761.63 allows the disposal of PCB-containing household 
wastes at municipal and industrial landfills. Only a small portion of 
household hazardous wastes contain PCBs; they previously were not 
addressed in the regulations. The annual savings is estimated to be 
$840,000.
     \ Section 761.65(c)(6) allows the use of a wider range of DOT 
approved containers for storing liquid and non-liquid PCBs, and thereby 
avoids the need to revise the PCB regulations after each change to the 
DOT regulations. A cost savings of $565,000 per year was estimated for 
this provision.
     \ Section 761.65(c)(6)(i) acknowledges the special characteristics 
of radioactive waste by allowing unique container designs for such 
waste and generates an estimated annual cost savings of $132,000, 
compared to the existing regulations.
    Refer to Table 4-3 of the Regulatory Impact Analysis developed for 
this rulemaking for a list of several additional cost savings estimates 
related to PCB import, use, storage, and exemption.
    3.  Regulatory impact on small businesses. The PCB amendments would 
affect a variety of small businesses that handle and dispose of PCB 
Items and PCB wastes. This section considers the economic impacts on 
those businesses and addresses the analytical requirements of the 
Regulatory Flexibility Act (RFA). The RFA requires agencies to explore 
options for minimizing small business impacts whenever there is a 
``significant economic impact on a substantial number of small 
entities.'' While this discussion will consider the significance of the 
potential impacts, EPA's internal policy is to consider any impacts on 
any small entities (U.S. EPA, 1992d).
    According to EPA's guidelines, significant impacts are produced if:
    \ Annual compliance costs increase the costs of production by more 
than 5 percent;
    \ Costs of compliance as a percentage of sales are at least 10 
percent higher than for large entities;
    \ Capital costs represent a significant percentage of the total 
capital available; and
    \ The regulation is likely to shut down small entities.
    a. Economic impacts on small industrial furnace operations. The 
small industrial furnace operators handling PCB-Contaminated 
transformers would experience negative economic impacts as a result of 
the proposed amendments. It was estimated that approximately 100 
industrial furnace operations specialize in recovery of transformer 
carcasses. Most of the businesses are small, ranging from owner-
operated units with fewer than 10 employees, to larger operations 
approaching 100 employees. The major asset for these facilities is 
their furnace which, in the case of Aljon-United furnaces, carries a 
capital cost of over $100,000.
    Through contacts with a selection of operators, their likely 
response to the PCB amendments was estimated. In general, firms would 
not be likely to invest in the new furnace equipment that would meet 
EPA specifications. The new equipment is quite costly and the high 
temperatures required would make recovery of the metals impossible. It 
was estimated that, on average, these operations derive approximately 
15 percent of their inputs from PCB-Contaminated transformers, based on 
several contacts with industry personnel. The remainder of their inputs 
are non-PCB-Contaminated transformers and other electrical equipment. 
There are no financial statistics available through conventional or 
other sources of industry data that can provide an overview of the 
condition of the metal recovery furnace industry.
    Given these characteristics of the affected industrial furnace 
operations, the EPA criteria to determine whether the economic impacts 
are significant were applied. None of the first three criteria shown 
could be evaluated, however, because they all are defined by the size 
of the compliance costs incurred. The industrial furnace operators 
would not incur direct compliance costs, choosing instead to cease 
handling of the PCB-Contaminated transformers. The last criterion asks 
whether the small firms will cease operations. Based on discussions 
with industry firms, it was estimated that few operations would shut 
down. As noted, the affected PCB transformers represent approximately 
15 percent of the inputs for metal recovery operations. A corresponding 
15 percent decline in profits, while representing a hardship, should 
not cause many plant shutdowns. Most likely there would not be many 
firms whose inputs, owing to a peculiarity in their sources of supply, 
contain a much higher portion of PCB-Contaminated transformers than 
other firms. Nevertheless, some firms might experience sharper profit 
declines. Also, firms that are currently in poor financial condition 
could be weakened further as a result of the amendments and might, 
therefore, now face closure. The extent or likelihood of such closures 
cannot be estimated, however.
    b. Economic impacts on small demolition contractors. Section 
761.60(b)(2)(ii) prohibits disposal of more than 24 light ballasts as 
municipal solid wastes. Most waste light ballasts are generated during 
building demolition operations. Many demolition contractors that handle 
the disposal of light ballasts, and their customers, would incur 
increased disposal costs due to these regulations.
    At present, most PCB light ballasts are disposed of as municipal 
solid waste. Demolition contractors, however, would be required to 
assemble and transport PCB-containing light ballasts for transportation 
to and disposal at a PCB disposal facility. The aggregate economic 
impact was estimated for this provision of the regulations at $54 
million for disposal of approximately 30 million PCB-containing light 
ballasts. This translates to an average incremental cost of 
approximately $1.80 per PCB-containing light ballast, covering 
transportation and disposal, as derived in the specific cost estimates 
for this provision.
    The size of the incremental cost incurred on a specific demolition 
job would vary directly with the size of the job. Thus, relatively 
small demolition jobs (those generating only slightly more than 24 PCB-
containing light ballasts, for example, those with 25 to 50 ballasts) 
would incur incremental disposal costs of $45 to $90 (25 to 50 times 
$1.80). In contrast, large demolition jobs, with thousands of light 
ballasts would incur additional disposal costs of several thousands of 
dollars. Thus, the incremental costs are distributed among demolition 
jobs according to their size, and the incremental costs would not be 
likely to be a large percentage increase in the cost of demolition 
jobs.
    Demolition contractors do not vary much in their ability to handle 
and dispose of PCB-containing light ballasts, so there would not be 
much variation in the unit costs of compliance among firms. For 
example, virtually all demolition firms would use commercial waste 
facilities to dispose of light ballasts. This consistency of impacts 
among firms suggests that firms would not be able to compete on their 
ability to dispose of PCB wastes, and therefore, would all face similar 
cost increases. In competitive markets, where all firms face similar 
cost increases, the price of services should increase to cover the 
increase in costs. Thus, demolition contractors would be likely to pass 
the incremental disposal costs to their customers, new building or land 
development companies, and therefore, would be able to mitigate even 
minor cost impacts.
    The EPA criteria on small business impacts were applied to the case 
of demolition contractors. None of the four criteria are satisfied, 
however, by the regulatory impacts. Compliance costs are estimated to 
be less than 5 percent of the costs of production and less than 10 
percent of the cost of sales in all but very exceptional circumstances. 
Essentially no capital cost expenditures would be required of the 
affected firms. Finally, few operations, if any, would likely fail due 
to these regulatory impacts.
    c. Economic impacts on other small businesses. Small businesses in 
other industries also would be affected by the PCB amendments. These 
costs were estimated, however, to be widely distributed among small 
firms, and generally would be distributed in proportion to the level of 
PCB disposal activities. Also, the aggregate costs of these remaining 
items is not very large, and therefore, no significant impacts on small 
businesses are forecast.
    Among the businesses potentially affected are a small number of 
companies that currently have special EPA approvals to decontaminate 
various types of PCB-Contaminated equipment, including PCB 
Transformers, components of natural gas pipelines, and others. For 
these businesses, the proposed amendments might generate additional 
competition because many more companies would be able to decontaminate 
equipment without needing to obtain special EPA approval. It was 
judged, however, that impacts are likely to be modest among such firms. 
The companies in question are either confident that their clients would 
not be interested in decontaminating their own equipment (due either to 
the capital investments required or the relative ease of using outside 
contractor personnel for these functions) or the PCB-decontamination 
business represented a modest portion of their current operations.

C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980. 44 U.S.C. 3501 et seq. 
authorizes the Director of the Office of Management and Budget (OMB) to 
review certain information collection requests by Federal Agencies. EPA 
has determined that the recordkeeping and reporting requirements of 
this rule constitute a ``collection of information'' as defined at 44 
U.S.C. 3502(4).
    The information collection requirements of this proposed rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. An Information Collection Request document 
has been prepared by EPA (ICR No. 1729), and a copy may be obtained 
from the Information Policy Branch (2136), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    The public burden for this collection of information is estimated 
to average anywhere from 140 hours to 1,977 hours per respondent 
depending on the PCB activities in which the respondent is engaged. 
These estimates include time for reviewing instructions, searching 
existing data sources, gathering and maintaining the needed data, and 
completing and reviewing the collection of information.
    Comments regarding the burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden, should be submitted to the Chief, Information Policy Branch 
(2136), Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460. These comments should also be submitted to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503, marked ATTENTION: Desk Officer for EPA. The final 
rule will respond to any OMB or public comments on the information 
collection requirements contained in this proposal.

Lists of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Labeling, 
Polychlorinated biphenyls, Reporting and recordkeeping requirements.

Dated: November 21, 1994.

Carol M. Browner,
Administrator.

    Therefore, 40 CFR chapter I, part 761 is proposed to be amended as 
follows:

PART 761--[AMENDED]

    1. The authority citation for part 761 would continue to read as 
follows:
    Authority: 15 U.S.C. 2605, 2607, 2611, 2614 and 2616.


    2. In Sec. 761.1 by revising paragraph (b) and adding a new 
paragraph (g) to read as follows:


Sec. 761.1   Applicability.

*    *    *    *    *
    (b) This part applies to all persons who manufacture, process, 
distribute in commerce, use, or dispose of PCBs or PCB Items. 
Substances that are regulated by this part include, but are not limited 
to: dielectric fluids; contaminated solvents; oils; waste oils; heat 
transfer fluids; hydraulic fluids; paints; sludges; slurries; 
sediments; dredge spoils; soils; materials contaminated as a result of 
spills; and other chemical substances or combinations of substances, 
including impurities and byproducts and any byproduct, intermediate, or 
impurity manufactured at any point in a process. Unless otherwise 
noted, references to volumes or weights in this part apply to total 
volume or weight of the material containing or contacting PCBs. Most of 
the provisions of this part apply to PCBs only if PCBs are present in 
concentrations above a specified level. For example, subpart D of this 
part applies generally to materials at concentrations of 50 parts per 
million (ppm) and above. Also, certain provisions of subpart B of this 
part apply to PCBs inadvertently generated in manufacturing processes 
at concentrations specified in the definition of ``PCB'' under Sec.  
761.3. PCB concentrations for non-liquid PCBs under this part shall be 
determined on a dry weight basis according to the definition at 
Sec. 761.3. For liquid PCBs as defined in Sec. 761.3, PCB 
concentrations shall be determined on a wet weight basis. For samples 
containing PCBs and equal to or greater than 0.5 percent non-dissolved 
non-liquid materials, the non-dissolved materials shall be separated 
and the PCB concentration determined for non-liquid PCBs; the rest of 
the sample shall be considered to be liquid PCBs. For multiphasic non-
liquid/liquid or liquid/liquid mixtures, the phases shall be separated 
before chemical analysis. Following phase separation, the PCB 
concentration in each non-liquid phase shall be determined on a dry 
weight basis and the PCB concentration in each liquid phase shall be 
determined separately on a wet weight basis. No provision specifying a 
PCB concentration may be avoided as a result of any dilution, unless 
otherwise specifically provided.
*    *    *    *    *
    (g) This part shall not apply to any oil-filled equipment 
manufactured after July 2, 1979, that has on it a permanent label or 
mark affixed by the manufacturer of the equipment indicating that it 
contains no PCBs or, in the absence of such a mark, is accompanied by 
documentation from the manufacturer certifying, based on test data, 
that the oil within the equipment contains no PCBs unless the oil 
contained in said equipment has been removed from, added to, or 
otherwise serviced with any PCBs; and that has not been serviced with 
any PCBs since the equipment was first manufactured.


Sec. 761.3  [Amended]

    3. In Sec. 761.3 by amending the definition of ``Qualified 
incinerator'' by changing the references to Sec. 761.60(a)(2)(iii)(A) 
and Sec. 761.60(a)(2)(iii)(B) to read ``Sec. 761.60(a)(2)(ii)(A)'' and 
``Sec. 761.60(a)(2)(ii)(B)'', respectively.
    4. In Sec. 761.3 by revising the definitions for ``Capacitor,'' 
``Commercial storer of PCB waste,'' ``PCB-Contaminated Electrical 
Equipment,'' ``PCB Item,'' and ``PCB Transformer''; by removing 
``Emergency situation'' and ``Small quantities for research and 
development''; and by adding alphabetically definitions for ``Cap,'' 
``CERCLA,'' ``DOT,'' ``Dry Surface,'' ``Dry weight basis,'' ``High 
exposure area,'' ``Household waste,'' ``Industrial furnace,'' ``Liquid 
PCBs,'' ``Low exposure areas'', ``Microencapsulation,'' ``Non-liquid 
PCBs,'' ``Non-porous surface,'' ``NTIS,'' ``Open burning,'' ``PCB-
Contaminated,'' ``PCB field screening test,'' ``PCB/fissionable 
radioactive waste or PCB/radioactive waste,'' ``PCB non-remediation 
waste,'' ``PCB remediation waste'', ``Porous surface,'' ``RCRA,'' 
``Remediation site or site,'' ``Treatability study,'' ``TSCA,'' ``Wet 
weight basis,'' and ``Vitrification'' to read as follows:


Sec. 761.3   Definitions.

*    *    *    *    *    
    Cap means, when referring to remediation activities, a uniform 
cover of minimum thickness spread over the area where remediation waste 
was removed.
    Capacitor means a device for accumulating and holding a charge of 
electricity and consists of conducting surfaces separated by a 
dielectric. A capacitor whose PCB concentration is unknown must be 
assumed to contain 500 ppm or greater PCBs, unless it is known from 
label or nameplate information, manufacturer's literature (including 
documented communications with the manufacturer), or chemical analysis 
that the capacitor does not contain PCBs at a concentration of 500 ppm 
or greater. 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 than 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.
    (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 et seq.)
*    *    *    *    *
    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 and who engages in storage activities involving PCB waste 
generated by others, or PCB waste 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. It is 
sufficient under this definition that the facility stores PCB waste 
generated by others or the facility removed the PCB waste while 
servicing equipment owned by others. If a facility's storage of PCB 
waste at no time exceeds 500 gallons of liquid or 70 cubic feet of non-
liquid PCBs, the owner or operator is a commercial storer but is not 
required to seek EPA approval as a commercial storer of PCB waste. 
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.
*    *    *    *    *
    DOT means the United States Department of Transportation.
    Dry surface (Where is the definition?)
    Dry weight basis means reporting chemical analysis results by 
excluding the weight of the water in the sample.
*    *    *    *    *
    High exposure area means a site where PCBs are located and where, 
during the use of the area, there is a potential exposure from PCBs to 
humans or animal life. High exposure areas include: residential/
commercial areas and non-restricted access areas (as defined in 
Sec. 761.123); and non-public areas of public and private facilities 
where only authorized employees have routine access.
    Household waste means PCB waste that is composed of unwanted or 
discarded household items that contain PCBs, come from private 
residences and are commonly found in private households, including 
individually owned or rented units of a multi-unit construction. Wastes 
created during renovation and demolition projects are not household 
wastes except for paint on surfaces. Renovation or demolition projects 
include, but are not limited to, the conversion of industrial property 
to residential units or the remodeling of hotels, motels, or multiple 
rental units.
*    *    *    *    *    
    Industrial Furnace means an industrial furnace, enclosed device as 
defined in Sec. 260.10 of this chapter, used to dispose of PCBs.
*    *    *    *    *
    Liquid PCBs means a homogenous flowable material containing PCBs 
and no more than 0.5 percent by weight non-dissolved material.
    Low exposure areas mean all areas 0.1 kilometer or greater distant 
from a residential commercial area (as defined in Sec. 761.123) and 
areas other than ``high exposure area'' as defined elsewhere in this 
section.
*    *    *    *    *
    Microencapsulation means the stabilization of debris containing 
PCBs with the following reagents such that the leachability of any 
associated PCB is reduced to specified levels: Portland cement or lime/
pozzolans (e.g. fly ash and cement kiln dust).
*    *    *    *    *
    Non-liquid PCBs means PCBs which contain no liquids which pass 
through the filter when using the paint filter test method (EPA Method 
9095 in ``Test Methods for Evaluating Solid Waste'' (SW-846)).
*    *    *    *    *
    Non-porous surface means a smooth, unpainted solid surface that 
limits penetration of liquid PCBs beyond the immediate surface. 
Examples are: smooth uncorroded metal; smooth glass; smooth glazed 
ceramics; impermeable polished building stone such as marble or 
granite; and high density plastics that do not absorb organic solvents 
such as polycarbonates and melamines.
*    *    *    *    *
    ``NTIS'' means the National Technical Information Service, U.S. 
Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161.
*    *    *    *    *
    Open burning means the combustion of any PCB regulated for 
disposal, not approved or otherwise allowed under part 761, subpart D 
of this part, and without 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-Contaminated means any PCBs at concentrations of 50 parts per 
million (ppm) to less than 500 ppm (50 - <500 ppm) PCBs. In the event 
that no PCB liquids or non-liquids are present on surfaces for 
measurement, then surfaces with PCB concentrations, measured by a 
standard wipe test as defined in Sec. 761.123, of greater than 10 
micrograms per 100 square centimeters to less than 100 micrograms per 
100 square centimeters (>10 g - < 100 g/100cm2), 
are defined as PCB-Contaminated.
    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 
contain 50 ppm or greater PCB, but less than 500 ppm PCB in the 
contaminating fluid or greater than 10 micrograms PCB/100 square 
centimeters to less than 100 micrograms PCB/100 square centimeters (>10 
- <100 g/100cm2) as measured by a standard wipe test (as 
defined in Sec. 761.123) of a non-porous surface. This definition 
includes:
    (1) Mineral oil-filled electrical equipment other than circuit 
breakers, and reclosers. Cable whose PCB concentration is unknown must 
be assumed to be PCB-Contaminated Electrical Equipment.
    (2) Capacitors of unknown PCB concentration are assumed to contain 
PCBs at 500 ppm or greater.
*    *    *    *    *
    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 may not be 
limited to, total chlorine colorimetric tests, total chlorine x-ray 
fluorescence tests, total chlorine microcoulometric tests, and rapid 
immunoassay tests.
    PCB/fissionable radioactive waste or PCB/radioactive waste means 
PCBs regulated for disposal under subpart D of this part that also 
contain fissionable radioactive material or radioactive material 
subject to regulation under the Atomic Energy Act of 1954 as amended.
    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 non-remediation waste means non-liquid bulk wastes or debris 
from the demolition of buildings and other human-created structures 
(manufactured, coated, or serviced with PCBs), wastes from the 
shredding of automobiles, household and industrial appliances or other 
white goods; PCB impregnated electrical, sound deadening, or other 
types of insulation and gaskets; and all other PCB Items or PCBs for 
which disposal requirements are not otherwise specified in Sec. 761.60, 
at any concentration where the concentration at the time of designation 
for disposal was greater than or equal to 50 ppm PCBs. PCB non-
remediation waste does not include anything defined as a PCB 
remediation waste; manufactured or processed PCB products such as 
mineral oil dielectric fluid removed from electrical equipment; 
inadvertently generated PCBs in a manufacturing process waste stream; 
hydraulic fluids; heat transfer fluids; oils removed from household 
appliances/equipment; bulk paint (batched household or commercial 
paint); and waste oil. Materials not included in the definition of PCB 
non-remediation waste are regulated for disposal in subpart D of this 
part.
    PCB remediation waste means, but is not limited to, all 
environmental media containing PCBs, dredged materials, municipal 
sewage treatment sludges, commercial or industrial sludge (contaminated 
as the result of a spill of PCBs) located in or removed from any 
pollution control device; soil, rags, and other debris generated as a 
result of a spill cleanup; and site removal, remediation, or corrective 
action wastes in liquid or non-liquid form, at any PCB concentration. 
PCB remediation waste includes wastes at any volume or concentration 
where the original source was 500 ppm PCB as of April 18, 
1978, or 50 ppm PCB as of July 2, 1979, or at any 
concentration if the source was not authorized for use under this part. 
All PCBs disposed of prior to April 18, 1978 shall be regulated as a 
PCB remediation waste under Sec. 761.61. Examples of PCB remediation 
waste include, but are not limited to, gravel, sandy soil, clayey soil, 
loam soil, other soil types, sediments, commercial or industrial sludge 
contaminated with PCBs by a spill, aqueous decantate from an industrial 
sludge, settled sediment fines, aqueous decantate from a sediment, oily 
soil, porous surfaces, and non-porous surfaces. PCB remediation waste 
does not include anything defined as a PCB non-remediation waste; 
manufactured or processed PCB products such as mineral oil dielectric 
fluid removed from electrical equipment; inadvertently generated PCBs 
in a manufacturing process wastestream; hydraulic fluids; heat transfer 
fluids; oils removed from household appliance or equipment; bulk paint 
(batched household or commercial paint); gasket material; insulation 
material, adhesives; scrapped automobile shredder metallic and non-
metallic material; scrapped household appliance shredder metallic and 
non-metallic material; plastic items; rubber items; natural gas 
pipeline, equipment, and appurtenances; processed fluorescent light 
ballasts with capacitors removed or intact; and manufactured PCB Items 
(except where a material listed above as an exclusion, is contaminating 
the environment). Materials not included in the definition of PCB 
Remediation Waste are regulated for disposal in subpart D of this part.
    PCB Transformer means any transformer that contains 500 ppm PCBs or 
greater. A transformer is a PCB Transformer if: (1) The nameplate 
indicates that the transformer contains PCB dielectric fluid; (2) the 
owner or operator has any reason to believe that the transformer 
contains PCB dielectric fluid; (3) the transformer dielectric fluid has 
been tested and found to contain PCBs at 500 ppm or greater; (4) the 
transformer does not have a nameplate; (5) records do not exist that 
indicate the type of dielectric fluid; (6) records do not exist that 
indicate the PCB concentration; or (7) a transformer is an untested 
mineral oil transformer and reasons exist to believe that the 
transformer was at any time serviced with fluid containing PCBs at 500 
ppm or greater. (See Sec. 761.30(a) and (h) for provisions permitting 
reclassification of electrical equipment containing 500 ppm or greater 
PCBs to PCB-Contaminated electrical Equipment.)
*    *    *    *    *
    Porous surface means any surface that allows PCBs to penetrate or 
pass into itself including but not limited to painted or coated 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.
*    *    *    *    *
    RCRA means the Resource Conservation and Recovery Act (40 U.S.C. 
6901 et seq.)
*    *    *    *    *
    Remediation site or 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.
*    *    *    *    *
    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.).
    (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.)
*    *    *    *    *
    Wet weight basis means reporting chemical analysis results by 
including the weight of all dissolved water in a homogeneous liquid.
*    *    *    *    *
    Vitrification means to change or to make into glass through heat 
fusion.
*    *    *    *    *
    5. In Sec. 761.19, the table to paragraph (b), in the second 
column, by changing the reference to Sec. 761.60(a)(3)(iii)(B)(6) to 
read Sec. 761.60(a)(3)(ii)(B)(6) and by revising the introductory text 
of paragraph (b) to read as follows:


Sec. 761.19  References.

*    *    *    *    *
    (b) Incorporation by reference. The following material is 
incorporated by reference, and is available for inspection at the 
Office of the Federal Register, Suite 700, 800 South Capital St., NW., 
Washington, DC. These incorporations by reference were approved by the 
Director of the Office of the Federal Register. These materials are 
incorporated as they exist on the date of approval and a notice of any 
change in these materials will be published in the Federal Register. 
Copies of the incorporated material are available for inspection at the 
TSCA Nonconfidential Information Center (7407), Rm. B-607, NE Mall, 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Copies of the 
incorporated material may be obtained from the American Society for 
Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103.
*    *    *    *    *
    6. In 761.20, by revising the section heading, paragraphs (b), 
(c)(2), (c)(3) and (c)(5), and by adding new paragraphs (c)(6) and 
(c)(7), to read as follows:


Sec. 761.20   Prohibitions and Exceptions.

*    *    *    *    *
    (b)(1) No person may manufacture PCBs for use within the United 
States or manufacture PCBs for export from the United States without an 
exemption, except that an exemption is not required for PCBs 
manufactured in an excluded manufacturing process as defined in 
Sec. 761.3, provided that all applicable conditions of Sec. 761.1(f) 
are met.
    (2) No person may import PCBs or PCB Items for purposes of disposal 
except that:
    (i) PCBs at concentrations less than 50 ppm may be imported for 
disposal.
    (ii) PCBs may be imported from United States territories or 
possessions outside the customs territory of the United States into the 
customs territory of the United States for disposal.
    (iii) PCBs may be imported for disposal pursuant to paragraph 
(b)(3) of this section where EPA determines that it is in the interests 
of the United States and will not result in unreasonable risk of injury 
to health or the environment.
    (3) PCBs may be excepted from the prohibition on import for 
disposal imposed by paragraph (b)(2) of this section at EPA's 
initiative or in response to a petition submitted in accordance with 
this paragraph. Any person may file a petition for an exception to the 
import prohibition. Petitions shall be submitted to the Director, 
Chemical Management Division (7404), 401 M St., SW, Washington, DC 
20460. Petitions must be submitted on an individual basis for each 
individual subject to the prohibition. Each petition shall contain the 
following information:
    (i) Name, address, and telephone number of petitioner.
    (ii) Description of the import for disposal exception requested, 
including items to be imported and disposal method.
    (iii) Current locations of PCBs to be imported and of each proposed 
disposal site.
    (iv) Length of time requested for the exception.
    (v) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be imported and disposed of during requested exception 
period.
    (vi) The basis for the petitioner's contention that an exception 
would be in the interests of the United States and would not result in 
unreasonable risk of injury to health or the environment. EPA will 
review and evaluate petitions and may request further information from 
the petitioner to assess the proposed exception adequately. Any 
exception granted under this paragraphs shall be subject to the terms 
and conditions prescribed by the Agency. EPA reserves the right to 
impose limits on the duration of each exception. EPA will inform the 
petitioner in writing of its decision. Denial of a petition is a final 
agency action.
    (4) All PCBs at concentrations greater than 50 ppm imported for 
disposal under paragraphs (b)(2) and (b)(4), and all PCBs subject to 
Sec. 761.60 of this part and returned for disposal under paragraph 
(b)(3) of this section:
    (i) Shall be stored and disposed of in a facility which has a PCB 
storage or disposal approval issued under TSCA, where the approval has 
specific conditions concerning the import, storage, or disposal of 
imported PCBs.
    (ii) May be decontaminated under Sec. 761.79 provided the imported 
PCBs are stored in accordance with the provisions of subparts D, J, and 
K of this part, for the commercial storage of PCB wastes.
    (5) No person may export PCBs or PCB Items for purposes of disposal 
except that:
    (i) PCBs at concentrations less than 50 ppm may be exported for 
disposal.
    (ii) EPA may allow the export for disposal of PCBs at 
concentrations of 50 ppm or greater to countries with which the United 
States has an international agreement consistent with the international 
obligations of the United States relating to transboundary movement of 
PCBs and their disposal. Such exports would be allowed on a case-by-
case basis unless EPA has reason to believe that the PCBs in question 
will not be properly managed, either at EPA's initiative or in response 
to a petition submitted in accordance with this paragraph. Any person 
may file a petition. Petitions shall be submitted to the Director, 
Chemical Management Division (7404), 401 M St., SW, Washington, DC 
20460. Petitions must be submitted on an individual basis for each 
generator or individual requesting authority to export PCBs for 
disposal. Each petition shall contain the following information:
    (A) Name, address, and telephone number of petitioner.
    (B) Description of the export for disposal exception requested, 
including items to be exported and disposal facility.
    (C) Current locations of PCBs to be exported and of each proposed 
disposal site.
    (D) Length of time requested for the exception.
    (E) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be exported and disposed of during requested exception 
period.
    (F) Documentation of an international agreement between the United 
States Government and the government of the receiving country 
concerning export of such waste.
    (G) Certification by the government of the receiving country to EPA 
that it has received accurate and complete information about the waste, 
consents to receive it, and has adequate disposal facilities to assure 
proper management.
    (H) Identification by the exporter of any liquid PCBs or PCB-
containing electrical equipment. EPA will review and evaluate petitions 
and may request further information from the petitioner to assess the 
proposed exception adequately. Any exception granted under this 
subsection shall be subject to the terms and conditions prescribed by 
the Agency. EPA reserves the right to impose limits on the duration of 
each exception. EPA will inform the petitioner in writing of its 
decision. Denial of a petition is a final agency action.
    (6) For purposes of this regulation, the following transboundary 
shipments will not be considered exports and imports:
    (i) PCB wastes generated in the United States, transported through 
another country (and any residuals resulting from cleanup of spills of 
such wastes in transit), and returned to the United States for 
disposal.
    (ii) PCBs that were procured domestically by the United States 
Government, taken overseas for use by the United States Government, and 
that have remained under United States Government control since the 
time of procurement (including any residuals resulting from cleanup of 
spills of such wastes during use, storage, or in transit).
    (c) * * *
    (2)(i) Processing activities which are primarily associated with 
and facilitate storage or transportation for disposal do not require a 
TSCA PCB disposal approval.
    (ii) Processing activities which are primarily associated with and 
facilitate treatment or land disposal require a TSCA PCB disposal 
approval unless they are part of an existing approval or are part of a 
self-implementing activity such as Sec. 761.61(a) and Sec. 761.79 or 
otherwise specifically allowed under subpart D of this part.
    (iii) With the exception of provisions in Sec. 761.60(a)(2) and 
(3), in order to meet the intent of Sec. 761.1(b), processing, diluting 
or otherwise blending of waste prior to being introduced into a 
disposal unit for purposes of meeting a PCB concentration limit shall 
be included in a TSCA PCB disposal approval or comply with the 
requirements of Sec. 761.79.
    (iv) The rate of delivering liquids or non-liquids into a PCB 
disposal unit shall be part of the conditions of the TSCA PCB disposal 
approval for the unit when an approval is required.
    (v) PCBs or PCB Items at 50 ppm may be distributed in 
commerce for purposes of disposal in accordance with the requirements 
of this part.
    (3)(i) PCBs or PCB Items at concentrations less than 50 ppm may be 
exported for disposal.
    (ii) EPA may allow the export for disposal of PCBs at 
concentrations of 50 ppm or greater to countries with which the United 
States has an agreement under international law concerning export of 
such wastes. Such exports would be allowed on a case-by-case basis at 
EPA's initiative or in response to a petition submitted in accordance 
with this paragraph. Any person may file a petition. Petitions shall be 
submitted to the Director, Chemical Management Division (7404), 401 M 
St., SW, Washington, DC 20460. Petitions must be submitted on an 
individual basis for each generator or individual requesting authority 
to export PCBs for disposal. Each petition shall contain the following 
information:
    (A) Name, address, and telephone number of petitioner.
    (B) Description of the export for disposal exception requested, 
including items to be exported and disposal facility.
    (C) Current locations of PCBs to be exported and of each proposed 
disposal site.
    (D) Length of time requested for the exception.
    (E) Amount of PCB chemical substance or PCB mixture (by pounds and/
or volume) to be exported and disposed of during requested exception 
period.
    (F) Documentation of an agreement in international law between the 
U.S. Government and the government of the receiving country concerning 
export of such waste.
    (G) Certification by the government of the receiving country to EPA 
that it has received accurate and complete information about the waste, 
consents to receive it, and has adequate disposal facilities.
    (H) Identification by the exporter of any liquid PCBs or PCB-
containing electrical equipment. EPA will review and evaluate petitions 
and may request further information from the petitioner to assess the 
proposed exception adequately. Any exception granted under this section 
shall be subject to the terms and conditions prescribed by the Agency. 
EPA reserves the right to impose limits on the duration of each 
exception. EPA will inform the petitioner in writing of its decision. 
Denial of a petition is a final agency action.
*    *    *    *    *
    (5) Equipment, structures, or other materials that were 
contaminated with PCBs because of spills from, or proximity to, a PCB 
Item >50 ppm, and which are not otherwise authorized for use or 
distribution in commerce under this part, may be distributed in 
commerce or used, provided:
    (i) These materials were decontaminated in accordance with a PCB 
approval under this part, applicable decontamination standards and 
procedures in Sec. 761.61(a) or Sec. 761.79, or applicable EPA PCB 
spill cleanup policies in effect at the time of the decontamination or, 
if not previously decontaminated, at the time of the distribution in 
commerce or use, or that now meet a decontamination standard 
established in Sec. 761.79.
    (ii) These materials shall not be used or reused in association 
with food, feed, or drinking water unless otherwise allowed.
    (6) Water which contains PCBs and which has been decontaminated to 
meet or which meets the standards established in Sec. 761.79(h) may be 
distributed in commerce or used, without further restriction, under 
this part.
    (7) Non-porous surfaces, with no free flowing liquids, which have 
come in contact with PCBs and which are contaminated at a concentration 
less than 50 ppm, regardless of the original PCB concentration of the 
fluid, may be distributed in commerce or reused except in association 
with food, feed or drinking water.
    (You said that you were adding paragraph (8), Where is paragraph 
(8)? )
*    *    *    *    *
    7. Section 761.30 is amended as follows:
    a. Paragraph (a)(1) is amended by removing (a)(1)(iii)(A) through 
(a)(1)(iii)(C)(2)(i) and (a)(1)(iii)(D), and by redesignating 
(a)(1)(iii)(C)(2)(ii) and (C)(2)(iii) as (a)(1)(iii)(A) and (B), 
respectively; by redesignating paragraphs (a)(1)(vii) through 
(a)(1)(xv) as paragraphs (a)(1)(viii) through (a)(1)(xvi), 
respectively; by adding new paragraph (a)(1)(vii), by revising newly 
designated paragraph (a)(1)(xvi) introductory text; and by adding 
paragraph (a)(3).
    b. Paragraph (b) is amended by revising paragraph (b)(1) to read as 
set forth below; and by removing paragraph (b)(2)(ii) and redesignating 
paragraphs (b)(2)(iii) through (b)(2)(vii) as (b)(2)(ii) through 
(b)(2)(vi).
    c. By revising paragraphs (c), (d) and (e) and by adding paragraphs 
(h)(1)(iii), by revising paragraphs (i) and (j), and by adding 
paragraphs (q), (r) and (s). The revisions and additions read as 
follows:


Sec. 761.30  Authorizations.

    (a) * * *
    (1) * * *
    (vii)(A) No later than (insert the date 90 days after the effective 
date of the final rule) all owners of PCB Transformers (including PCB 
Transformers in storage for reuse) must have registered their 
transformers with the Environmental Protection Agency, Office of 
Enforcement and Compliance Assurance (2245), 401 M St. SW., Washington, 
DC 20460. Any PCB Transformer identified or received from another 
location after (insert the date 90 days after the effective date of the 
final rule) must be registered in writing, with the Environmental 
Protection Agency no later than 30 days after identification or receipt 
(unless a previous written registration can be demonstrated). The 
registration must include:
    (1) The location, address and number of PCB Transformers.
    (2) The kilograms of PCB liquid in each PCB Transformer.
    (3) The name, address, telephone number, and signature of the 
owner, operator, or other authorized representative certifying the 
accuracy of the information submitted.
    (B) A record of the registration for each PCB Transformer at each 
location (e.g., a copy of the registration and the return receipt 
signed by EPA) must be retained with the records of inspection and 
maintenance for each PCB Transformer required under 
Sec. 761.30(a)(1)(xii).
    (C) The requirements identified in paragraphs (a)(1)(vii)(A) of 
this section must be complied with to continue the authorization for 
use or reuse of PCB Transformers under Sec. 761.30, pursuant to section 
6(e)(2)(B) of TSCA.
    (D) All owners or operators of transformers containing PCBs at 
50 parts per million (ppm) must comply with any State 
transformer registration requirements.
*    *    *    *    *
    (xvi) In the event a mineral oil transformer or a voltage 
regulator, assumed to contain less than 500 ppm of PCBs as provided in 
Sec. 761.3, is tested and found to be contaminated at 500 ppm or 
greater PCBs, transformers are subject to all the requirements of this 
paragraph and voltage regulators are subject to paragraphs 
(a)((1)(vii)(A), (B), (C) amd (D) of this section. Voltage regulators 
which are marked or otherwise known to contain 500 ppm PCBs or greater 
are also subject to the provisions of this paragraph. In addition, 
efforts must be initiated immediately to bring the transformer or the 
voltage regulator into compliance in accordance with the following 
schedule:
*    *    *    *    *
    (3) State transformer registration requirements. Any State may 
require the registration of a transformer containing 50 
parts per million PCBs.
    (b) * * *
    (1) Use restrictions. After July 1, 1986, use of railroad 
transformers that contain dielectric fluids with a PCB concentration 
greater than 1,000 ppm is prohibited.
    (c) Use in and servicing of mining equipment. After January 1, 
1982, PCBs may be used in mining equipment only at a concentration 
level of less than 50 ppm.
    (d) Use in heat transfer systems. After July 1, 1984, PCBs may be 
used in heat transfer systems only at a concentration level of less 
than 50 ppm. Heat transfer systems that were in operation after July 1, 
1984 with a concentration level of less than 50 ppm PCBs may be 
serviced to maintain a concentration level of less than 50 ppm PCBs. 
Heat transfer systems may only be serviced with fluids containing less 
than 50 ppm PCBs.
    (e) Use in hydraulic systems. After July 1, 1984 PCBs may be used 
in hydraulic systems only at a concentration level of less than 50 ppm. 
Hydraulic systems that were in operation after July 1, 1984 with a 
concentration level of less than 50 ppm PCBs may be serviced to 
maintain a concentration level of less than 50 ppm PCBs. Hydraulic 
systems may only be serviced with fluids containing less than 50 ppm 
PCBs.
*    *    *    *    *
    (h) * * *
    (1) * * *
    (iii) Voltage regulators which contain 500 ppm PCBs are 
subject to all provisions of this part which are applicable to PCB 
Transformers.
*    *    *    *    *
    (i) Use in natural gas pipeline systems. Natural gas pipeline 
systems include: natural gas pipe, natural gas pipeline appurtenances, 
and air compressor systems (including compressors, piping, receiver 
tanks, air lines used in instrumentation, and the instrumentation 
operated by the air lines). PCBs may be used indefinitely in natural 
gas pipeline systems as follows.
    (1) PCBs may be used in the compressors, appurtenances, and liquids 
of natural gas pipelines at a concentration level of less than 50 ppm.
    (2) PCB-Contaminated natural gas pipeline and appurtenances may be 
reused in natural gas pipeline systems provided all freeflowing liquids 
have been removed. These liquids must be disposed of pursuant to 
Sec. 761.60(a)(1) through (a)(3).
    (3) Natural gas air compressor systems (air compressor, piping, 
receiver tanks, and other pressurized large volume tanks) with surface 
contamination at 100 micrograms PCBs or greater per 100 square 
centimeters (100 g/100 cm2) may be reused as 
natural gas air compressor systems after the equipment has been 
decontaminated in accordance with this paragraph. All freeflowing 
liquids must be drained from the system at existing drain points (such 
as drain plugs, blowdowns, and drips); all liquids and solvents used 
during the decontamination process shall be disposed of as 
500 ppm PCBs pursuant to the requirements at Sec. 761.79(a). 
All carbon filters shall be disposed of as nonliquid PCBs with a 
concentration 50 ppm.
    (i) For air compressors, piping, and air lines in the air 
compressor system: fill these items with clean kerosene (containing 
less than 2 ppm PCBs) and decontaminate by using either the following 
procedures:
    (A) Allow the kerosene to sit for 8 hours, then drain the kerosene 
and capture any residual kerosene by circulating the air under positive 
pressure, first throughout the system, and finally through a carbon 
filter at all points in the system where air is vented to the 
atmosphere. The carbon filter shall be of sufficient integrity to 
withstand three times the venting air pressure through the filter.
    (B) Circulate the kerosene through the air compressors, piping, and 
air lines in the air compressor system until the total volume of liquid 
circulated (pump rate times the time of pumping) equals ten times the 
total volume of the particular article being decontaminated, then drain 
the kerosene. Refill the system with clean kerosene and repeat the 
circulation and drain process.
    (ii) For air receivers and other pressurized large volume tanks, 
decontaminate the items by using either of the following procedures:
    (A) Fill the tanks with clean kerosene (containing less than 2 ppm 
PCBs) and use the procedures for air compressors, piping, and air lines 
at either paragraph (i)(3)(i)(A) or (i)(3)(i)(B) of this section.
    (B) Rinse the tanks three times, each time with a volume of clean 
kerosene equal to or greater than 10 percent of the total internal 
volume of the tank. Each of the first two rinses shall be drained 
before adding the next successive kerosene rinse solvent. Each rinse 
shall either:
    (1) Be sprayed under a pressure of at least 100 psi such that the 
spray makes at least three passes over the entire internal surface of 
the tank; or
    (2) Contact, at atmospheric pressure, each part of the surface area 
for 1 hour. This may be accomplished by filling the tank, totally 
closing the tank, and either:
    (i) Rotating the tank continuously such that all interior surfaces 
are contacted in a single rotation (calculations used to determine the 
total time of rotation and number of rotations shall be recorded and 
retained for a period of 3 years after completion of the 
decontamination process); or
    (ii) Placing the tank in a stationary position and waiting 1 hour 
at a sufficient number and configuration of positions so as to cover 
the entire interior surface of the tank.
    (4) Natural gas air compressor systems may also be decontaminated 
in accordance with Sec. 761.79.
    (5) This authorization shall also apply to other pipeline and air 
compressor systems contaminated with PCBs, with the written consent of 
the Regional Administrator for the EPA Region in which it is located.
    (6) PCB-Contaminated natural gas pipeline, drained of all free 
flowing liquids, may also be used or distributed in commerce for use in 
the transport of bulk hydrocarbons, chemicals or petroleum products, as 
casing to provide secondary containment under transportation systems, 
as industrial structural material (such as fence posts, sign posts or 
bridge supports), as temporary flume at construction sites, as 
equipment skids, as culverts (less than 80 feet in length) in 
intermittent flow situations, for sewage service with written consent 
of the Publicly Owned Treatment Works (POTW), for steam service, as 
irrigation systems (less than 20 inch diameter) of less than 200 miles 
in length, and in totally enclosed compressed air systems.
    (j) Limited quantities for research and development. For purposes 
of this section, permissible research and development (R&D) activities 
include, but are not limited to: the chemical analysis of PCBs for 
purposes of determining PCB concentrations; scientific experimentation 
on: the physical properties of PCBs, and chemical reactions of PCBs 
(other than the evaluation of the disposal or destruction of PCBs), and 
the chemical analysis of PCBs; and testing to determine: environmental 
transport processes, biochemical transport processes, the effects of 
PCBs on the atmospheric environment, aquatic environments, terrestrial 
environments, and the health effects of PCBs such as general toxicity, 
subchronic toxicity, chronic toxicity, specific organ/tissue toxicity, 
neurotoxicity, genetic toxicity, and metabolic products. However, R&D 
activities authorized pursuant to this section do not include research 
or analysis for the development of any PCB product. In addition, R&D 
activities authorized in this section do not include R&D for disposal, 
including, but not limited to, demonstrations for PCB disposal 
approvals, pre-demonstration tests, testing major modifications to 
approved PCB technologies, treatability studies, the development of new 
disposal technologies, and research on transformation processes such as 
biodegradation. R&D for disposal activities are addressed in 
Sec. 761.60(j). The R&D activities conducted under this section are 
subject to all other applicable Federal, State, and local laws and 
regulations. PCBs may be used for R&D in limited quantities when 
originally packaged in hermetically sealed containers of 5 milliliters 
or less, or as samples of environmental media in containers larger than 
5 milliliters containing PCBs that have been packaged pursuant to 
applicable DOT performance standards, in a manner other than a totally 
enclosed manner, provided that:
    (1) The Regional Administrator for the Region in which the R&D 
activity will occur is notified in writing at least 30 days prior to 
the commencement of any R&D activity authorized under this section. 
Each notification shall identify the person conducting the R&D 
activity, the location where the PCB R&D activities will be conducted, 
the quantity of PCBs to be treated, the type of R&D technology to be 
used, the general physical and chemical properties of the material 
being treated, and an estimate of the duration of the PCB activity.
    (2) No more than 100 grams of pure PCBs is used for R&D activities 
under this section at a facility annually.
    (3) All PCB wastes (e.g., spent laboratory samples, residuals, 
unused samples, contaminated media/instrumentation, clothing, etc.) are 
stored in compliance with the storage requirements of Sec. 761.65(b).
    (4) Manifests are used for all R&D PCB wastes being transported 
from the R&D facility to a commercial storer and/or a disposal 
facility. However, no manifests are required if the residuals or unused 
samples of PCB wastes are returned to the site of generation.
    (5) Material limitations for use of PCBs, are set out at paragraph 
(j)(1) of this section shall not be exceeded without prior approval 
from the Regional Administrator. Requests to exceed the material 
limitation for PCBs used in R&D as defined in this section must be 
submitted in writing to the Regional Administrator for the Region in 
which the R&D will be conducted for approval. Each request must provide 
a justification for the additional quantity or concentration needed, as 
well as specify the quantity or concentration of PCB material needed, 
and the duration of the activity. Any approval will be in writing and 
signed by the Regional Administrator. The approval will state all 
requirements applicable to the R&D activity.
*    *    *    *    *
    (q) Pre-TSCA uses of PCBs. Non-liquid materials that contain PCBs 
at any concentration (including, but not limited to, gaskets, plastics, 
plasticizers, fluorescent light ballast potting material, electrical 
cable (except oil-filled cable as described in paragraph (m) of this 
section), dried paints, small rubber parts, roofing and siding 
materials, insulation, caulking, waterproofing compounds, ceiling tile 
coatings, and adhesive tape) in use prior to July 2, 1979, are 
authorized for use and distribution in commerce provided they remain 
intact and in place in their existing application and location for the 
remainder of their useful life, subject to the conditions in paragraph 
(q)(1) of this section. Failure to provide documentary evidence that 
substantiates the historical use of such PCB materials as required in 
paragraph (q)(1)(i)(A) of this section may result in the rejection of 
such claims by the Regional Administrator.
    (1) Use conditions. (i) The owner or operator of such PCB-
containing material shall:
    (A) Provide a written notification by [insert date 30 days from 
effective date of the final rule] or within 30 days of discovery, to 
the Regional Administrator for the Region in which the material is 
located, that a pre-TSCA PCB use has been discovered. Each notification 
shall include the location of the material, a description of the use, 
an estimate of the amount of material in use (e.g., number, square 
footage, pounds), PCB concentration, expected useful life of the 
material, condition of the material (e.g., potential for exposure) and 
any additional information that may be useful to the Regional 
Administrator. Documentary evidence that establishes the historical use 
of such materials shall also be included in the notification.
    (B) Post the Mark ML, as defined in Sec. 761.45(a), in a prominent 
location near the PCB-containing material as a warning of the presence 
and location of PCBs.
    (C) Make available to any potentially exposed employee or, upon 
request, to any other potentially exposed individual, information 
concerning the identity of the PCBs and any health risk associated 
therewith.
    (ii) The PCB-containing material shall remain intact and in place 
in its existing application unless it is being removed for disposal.
    (iii) Existing uses of such PCB materials exhibiting environmental 
releases above 0.001 mg/m3 for a 10-hour workday, 40-hour 
workweek, or as measured by workplace air monitoring using National 
Institute of Occupational Safety and Health (NIOSH) Method 5503 
sampling at a rate of 1 liter per minute for 480 continuous minutes, or 
surface levels as measured by a standard wipe test defined in 
Sec. 761.123, of exterior accessible areas in excess of 10 micrograms/
100 square centimeters (10 g/100cm2) shall be removed or 
contained.
    (iv) Air monitoring activities shall be conducted quarterly for the 
first year and then annually thereafter, and results recorded until the 
material is removed from service. Results indicating PCB levels above 
0.001 milligram per cubic meter of air (mg/m3) for a 10-hour 
workday, 40-hour workweek shall require containment through either a 
modification in the release controls, encapsulation, or the immediate 
removal of the PCB material. If encapsulation has been chosen as the 
containment option, the sampling and air monitoring procedures shall 
also include an inspection for damage to the encapsulation. Any 
deterioration of the encapsulation shall be repaired and documented.
    (v) Standard wipe sampling (as defined in Sec. 761.123) of exterior 
surfaces shall be conducted quarterly for the first year and then 
annually thereafter, and the results recorded until the material is 
removed from service. Results indicating PCB levels above 10 micrograms 
per 100 square centimeter (10 g/100cm2) shall require 
containment through either a modification in the release controls, 
encapsulation, or the immediate removal of the PCB material. If 
encapsulation has been chosen as the containment option, the sampling 
and air monitoring procedures shall also include an inspection for 
damage to the encapsulation. Any deterioration of the encapsulation 
shall be repaired and documented.
    (vi) Records of measurements, inspections, and maintenance shall be 
maintained for review by Agency officials in a central location for a 
period of 3 years after the PCB material has been removed.
    (vii) Within 24 hours of a measurement above the levels specified 
in paragraphs (q)(1)(iii), (q)(1)(iv), or (q)(1)(v) of this section, 
the owner or operator of the PCB-Contaminated item shall:
    (A) Provide written notice, either by facsimile machine or 
overnight mail delivery service, to the Regional Administrator for the 
Region in which the material is located as to the nature and extent of 
the migration and the steps that will be taken to remove or contain the 
PCBs and ensure compliance.
    (B) Initiate action to remove the PCBs or to contain the PCBs by 
means of encapsulation (either with an epoxy-based or equivalent paint 
or a sealant) or with release controls in which a continual release is 
collected in a closed container and displaces only the air in the 
container (i.e., leak collection system) to ensure personnel are 
protected from dermal and inhalation exposures.
    (viii) All PCB materials with a concentration of 50 ppm or greater, 
materials that come in contact with 50 ppm or greater PCBs, including 
leak collection devices, PCB-containing paint, sealant, or other 
encapsulation materials, and materials used during decontamination and 
cleanup procedures shall be handled, stored, and disposed of in 
accordance with the PCB storage requirements at Sec. 761.65 and the 
disposal requirements at Sec. 761.60 or Sec. 761.62.
    (2) Non-liquid materials that contain PCBs at any concentration, 
that would meet the definition of household waste at Sec. 761.3 when 
disposed of, are authorized for continued use and are not subject to 
the requirements of paragraph (q)(1) of this section.
    (3) Non-liquid materials, other than those authorized for continued 
use under paragraph (q)(2) of this section, that contain PCBs at any 
concentration, but which leach PCBs at less than 50 micrograms/liter as 
measured by the Toxicity Characteristic Leaching Procedure (TCLP), 40 
CFR part 261, Appendix II, Method 1311, are authorized for continued 
use and are not subject to the use requirements of paragraph (q)(1) 
except for paragraphs (q)(1)(i)(B) and (q)(1)(i)(C) of this section.
    (r) Use in and servicing of rectifiers. PCBs at any concentration 
may be used in rectifiers and may be used for purposes of servicing 
this electrical equipment (including rebuilding) for the remainder of 
their useful life, subject to the following conditions:
    (1) [Reserved]
    (2) Servicing conditions. (i) Rectifiers may be serviced (including 
rebuilding) only with dielectric fluid containing less than 50 ppm PCB.
    (ii) [Reserved]
    (s) Use of PCBs in scientific equipment. PCBs at any concentration 
may be used in scientific equipment, including but not limited to 
oscillatory flow birefringence and viscoelasticity instruments, to 
study the physical properties of polymers subject to the following 
conditions:
    (1) Use conditions. (i) The PCBs must be in use in a specific 
scientific instrument as of [insert date of publication of the final 
rule].
    (ii) A maximum of 100 milliliters is used in a scientific 
instrument at any one time.
    (2) [Reserved]
    8. In Sec. 761.40, by revising paragraph (a)(5), redesignating 
paragraphs (b) and (d) as paragraphs (d) and (b), respectively, and by 
revising newly designated paragraph (d), paragraphs (e) and (h), and 
adding paragraph (k) to read as follows:


Sec. 761.40  Marking requirements.

    (a) * * *
    (5) PCB Large Low Voltage Capacitors at the time of removal from 
use (see also paragraph (k) of this section).
*    *    *    *    *
    (d) As of October 1, 1979, each transport vehicle loaded with PCB 
containers that contain more than 45 kg (99.4 lbs.) of PCBs at 
concentrations of 50 ppm or greater or with one or more PCB 
Transformers shall be marked on each end and each side with mark ML as 
described in Sec. 761.45(a).
    (e) As of October 1, 1979, applicable PCB Items described in 
paragraphs (a)(1), (a)(6), (a)(7), and (a)(8) of this section 
containing PCBs in concentrations of 50 to 500 ppm shall be marked with 
mark ML as described in Sec. 761.45(a).
*    *    *    *    *
    (h) All marks required by this subpart must be placed in a position 
on the exterior of the PCB Items, Storage units, or transport vehicles 
so that the marks can be easily read by any persons inspecting or 
servicing the marked PCB Items, Storage units, or transport vehicles.
*    *    *    *    *
    (k) As of [insert date 180 days after the effective date of the 
final rule] the following PCB Items shall be marked with mark ML as 
described in Sec. 761.45(a):
    (1) All PCB Large Low Voltage Capacitors not marked under paragraph 
(a) of this section shall be marked individually, or if one or more PCB 
Large Low Voltage Capacitors are installed in a protected location such 
as on a power pole, or structure, or behind a fence, then the pole, 
structure, or fence shall be marked with mark ML, and a record or 
procedure identifying the PCB Capacitors shall be maintained by the 
owner or operator at the protected location.
    (2) All Equipment not marked under paragraph (a) of this section 
containing a PCB Transformer or a PCB Large High or Low Voltage 
Capacitor.

Subpart D [Amended]

    9. By amending subpart D by removing the ``Note'' appearing just 
after the heading for subpart D.
    10. Section 761.60 is amended as follows:
    a. By adding introductory language to Sec. 761.60.
    b. By removing paragraph (a)(2)(ii), redesignating paragraphs 
(a)(2)(iii) and (a)(2)(iv) as paragraphs (a)(2)(ii) and (a)(2)(iii), 
respectively.
    c. By changing the reference in newly designated paragraph 
(a)(2)(ii)(C) to paragraph ``(a)(2)(iii)(B)(3)'' to read 
``(a)(2)(ii)(B)(3)''.
    d. By changing the reference in newly designated paragraph 
(a)(2)(ii)(D)(1) to paragraphs ``(a)(2)(A)(6) and (7)'' to read 
``(a)(2)(ii)(A)(6) and (a)(2)(ii)(A)(7)''.
    e. By changing the reference in newly designated paragraph 
(a)(2)(iii) to paragraph ``(a)(2)(iii)'' to read ``(a)(2)(ii)''.
    f. By removing paragraph (a)(3)(ii), redesignating paragraphs 
(a)(3)(iii) and (a)(3)(iv) as paragraphs (a)(3)(ii) and (a)(3)(iii), 
respectively.
    g. By changing the reference in newly designated paragraph 
(a)(3)(ii)(C) to paragraph ``(a)(3)(iii)(B)'' to read 
``(a)(3)(ii)(B)''.
    h. By changing the reference in newly designated paragraph 
(a)(3)(ii)(D) to paragraph ``(a)(3)(iii)(B)(3)'' to read 
``(a)(3)(ii)(B)(3)''.
    i. By changing the reference in newly designated paragraph 
(a)(3)(ii)(E) to paragraph ``(a)(3)(iii)(C)'' to read 
``(a)(3)(ii)(C)''.
    j. By changing the reference in newly designated paragraph 
(a)(3)(ii)(E)(1) to paragraphs ``(a)(3)(iii)(A)(6) and (7)'' to read 
``(a)(3)(ii)(A)(6) and (a)(3)(ii)(A)(7)''.
    k. By changing the reference in newly designated paragraph 
(a)(3)(ii)(E)(3) to paragraph ``(a)(3)(iii)(B)(6)'' to read 
``(a)(3)(ii)(B)(6)''.
    l. By changing the reference in newly designated paragraph 
(a)(3)(iii) to ``Sec. 761.60(a)(2)(iii)'' to read ``(a)(2)(ii) of this 
section''.
    m. By revising paragraph (a)(4).
    n. By removing paragraph (a)(5).
    o. By removing paragraph (a)(6).
    p. In paragraph (b) by adding introductory text just after the 
italics heading ``PCB Articles'', and by revising paragraphs 
(b)(1)(i)(B), (b)(2)(iv) introductory text, (b)(2)(vi), by adding new 
paragraphs (b)(2)(vii), by revising paragraphs (b)(3) and (b)(4); by 
redesignating paragraphs (b)(5) and (b)(6) as (b)(6) and (b)(7), 
respectively; by adding new paragraphs (b)(5) and (b)(6)(iii), and by 
revising paragraph (b)(6)(ii).
    q. In paragraph (c)(3) by removing the term ``facility'' and 
substituting the term ``unit'' in place thereof.
    r. By revising paragraph (e).
    s. By removing and reserving paragraph (f)(2).
    t. By adding paragraphs (g)(1)(iii) and (g)(2)(iii).
    u. By revising paragraph (i)(2).
    v. By adding paragraph (j).
    The revisions and additions read as follows:


Sec. 761.60  Disposal requirements.

    PCBs disposed of, placed in a land disposal facility, spilled, or 
otherwise released into the environment prior to April 18, 1978, will 
be presumed to be disposed of in a manner that does not present a risk 
of exposure and, therefore, does not require further disposal action 
unless a Regional Administrator makes a finding that such a disposal 
prior to April 18, 1978 presents a risk of exposure from PCBs. The 
Regional Administrator may then require the submission of an 
application for a risk-based disposal approval under Sec. 761.61 or 
Sec. 761.62. Liquid PCBs shall not be processed into non-liquid forms 
to circumvent the high temperature incineration requirements of 
paragraph (a) of this section. Open burning of PCBs is prohibited. 
Combustion of PCBs approved under Sec. 761.60(a) or (e), or otherwise 
allowed under part 761 is not open burning. When storage is desired 
prior to disposal, PCBs at concentrations of 50 ppm or greater shall be 
stored in a facility which complies with Sec. 761.65. Except as 
authorized in Sec. 761.30 or prohibited in Sec. 761.20, PCB waste must 
be disposed of in accordance with the provisions of this subpart. Any 
person disposing of PCBs is also responsible for determining and 
complying with all other applicable Federal, State, or local laws or 
regulations.
    (a) * * *
    (4) PCB-Contaminated non-liquids may be disposed of in an 
industrial furnace.
    (i) The industrial furnace must comply with the following operating 
parameters and conditions:
    (A) The operating temperature of the hearth must be at least 
1,000 deg. C (centigrade) at the time it is charged with any PCB-
Contaminated item.
    (B) Each charge containing a PCB-Contaminated item must be into 
molten metal or a hearth at or above 1,000 deg. C.
    (C) Successive charges may not be introduced into the hearth in 
less than 15 minute intervals.
    (D) There shall be no visible particulate emissions from the stack 
during the disposal of a PCB-Contaminated item (as determined by Method 
9 in 40 CFR part 60, Appendix A).
    (E) There shall be no visible fugitive particulate emissions or 
releases of PCBs from the industrial furnace or the building containing 
the furnace during the disposal of a PCB-Contaminated item (as 
determined by Method 9 in 40 CFR part 60, Appendix A).
    (F) The industrial furnace must have an operational device which 
accurately measures directly or indirectly, the temperature in the 
hearth.
    (G) A reading of the temperature in the hearth at the time it is 
charged with a PCB-Contaminated item must be taken, recorded and 
retained at the facility for 3 years from the date each charge is 
introduced.
    (H) Industrial furnaces must either have received a final permit 
under the RCRA (40 CFR part 266, subpart H and 40 CFR 270.66) or be 
operated under a valid State air emissions permit which includes a 
standard for PCBs.
    (I) Industrial furnaces disposing of PCBs must comply with all 
applicable provisions of subparts J and K of this part as well as other 
applicable Federal, State, or local laws and regulations.
    (ii) In lieu of the requirement in paragraph (a)(4)(i)(H) of this 
section, upon written request by the owner or operator of an industrial 
furnace, the EPA Regional Administrator, for the Region where the 
furnace is located, may make a finding in writing, based on a site-
specific risk assessment, that the industrial furnace does not pose an 
unreasonable risk of injury to health or the environment because it is 
operating in compliance with the parameters and conditions listed in 
paragraphs (a)(4)(i)(A), (B), (C), (D), (E), (F), and (G) of this 
section even though that industrial furnace does not have a RCRA or 
State air permit as required by this section. The written request shall 
include a site-specific risk assessment.
    (iii) PCB liquids greater than or equal to 50 ppm may not be 
disposed of in an industrial furnace unless approved or otherwise 
allowed, under Sec. 761.60.
    (b) PCB Articles. This paragraph does not authorize disposal if 
that disposal is otherwise prohibited in Sec. 761.20 or elsewhere in 
this part.
    (1) * * *
    (i) * * *
    (B) In a chemical waste landfill which complies with Sec. 761.75; 
Provided, That the transformer is first drained, for at least 48 
continuous hours, of all free flowing liquid, filled with a solvent, 
allowed to stand for at least 18 continuous hours, and then drained 
thoroughly. PCB liquids, which include both the dielectric fluid and 
solvents used as a flush, that are removed from the transformer shall 
be disposed of in accordance with paragraph (a)(1) of this section. 
Solvents may include kerosene, xylene, toluene and other solvents in 
which PCBs are readily soluble. Precautionary measures should be taken, 
however, that the solvent flushing procedure is conducted in accordance 
with applicable safety and health standards as required by Federal or 
State regulations.
*    *    *    *    *
    (2) * * *
    (iv) Any PCB Small Capacitor owned by any person who manufactures 
or at any time manufactured PCB Capacitors or PCB Equipment and 
acquired the PCB Capacitor in the course of such manufacturing shall be 
placed in a Department of Transportation authorized container and 
disposed of in accordance with either of the following:
*    *    *    *    *
    (vi) Prior to disposal in a Sec. 761.75 chemical waste landfill, 
all large PCB capacitors, and all small PCB capacitors described in 
paragraph (b)(2)(iv) of this section, shall be placed in a container 
meeting DOT packaging specifications. In all cases, interstitial space 
in the container shall be filled with sufficient absorbent material 
(such as soil) to absorb any liquid PCBs remaining in the capacitors.
    (vii) Any person may dispose of less than 25 intact and non-leaking 
fluorescent light ballasts containing PCBs within a 1-year time period 
starting from the date when the first fluorescent light ballast was 
removed in a facility which is permitted, licensed, or registered by a 
State to manage municipal or industrial solid waste (excluding thermal 
treatment units). Disposal of PCBs as municipal or industrial solid 
waste is subject to the CERCLA reportable quantity requirements at 40 
CFR 302.6. The disposal of fluorescent light ballasts as PCB Equipment 
is subject to the restrictions of paragraph (b)(2)(iv) of this section.
    (3) PCB hydraulic machines. PCB hydraulic machines containing PCBs 
at concentrations of 50 ppm or greater, such as die casting machines, 
may be disposed of in a facility which is permitted, licensed, or 
registered by a State to manage municipal or industrial solid waste 
(excluding thermal treatment units) or by salvage in an industrial 
furnace, as defined in Sec. 761.3, operating in compliance with the 
requirements of paragraph (a)(4) of this section, or a disposal 
facility approved under this part, provided that the machines are 
drained of all free-flowing liquid and the liquid is disposed of in 
accordance with the provisions of paragraph (a) of this section. If the 
PCB liquid contains 1,000 ppm PCB or greater, then the hydraulic 
machine must be flushed prior to disposal with a solvent containing 
less than 50 ppm PCB using transformer solvents listed at paragraph 
(b)(1)(i)(B) of this section and the solvent must be disposed of in 
accordance with paragraph (a) of this section.
    (4) PCB-Contaminated Electrical Equipment. All PCB-Contaminated 
Electrical Equipment, except capacitors, shall be disposed of by 
draining all free flowing liquid from the electrical equipment for a 
period of not less than 48 hours and disposing of the drained liquid in 
accordance with paragraph (a)(2) or (a)(3) of this section. The drained 
PCB-Contaminated Electrical Equipment, including liquid remaining after 
draining in accordance with this paragraph, shall be disposed of in a 
facility which is permitted, licensed or registered by a State to 
manage municipal or industrial solid wastes (excluding thermal 
treatment units), an industrial furnace, as defined in Sec. 761.3, 
operating in compliance with the requirements of Sec. 761.60(a)(4), or 
a disposal facility approved under this part. Capacitors that contain 
between 50 ppm and less than 500 ppm PCBs shall be disposed of in an 
approved incinerator that complies with Sec. 761.70 or in a chemical 
waste landfill that complies with Sec. 761.75 or by an alternate 
destruction method approved under paragraph (e) of this section.
    (5) Natural gas pipeline containing PCBs. This paragraph provides 
for disposal of natural gas pipeline by: abandonment in place or 
removal with subsequent action. The PCB concentrations in pipelines 
shall be determined by measuring condensate collected at existing 
condensate collection/removal points. When no condensate or free-
flowing liquid is present, surface level concentrations shall be 
measured. Organic and aqueous condensate liquids shall be separated by 
decantation and the components separately analyzed using EPA Method 
8080 of SW-846 which is available from NTIS, or equivalent.
    (i) Abandonment. Natural gas pipeline containing PCBs may be 
abandoned in place under one of the following provisions:
    (A) Natural gas pipeline containing PCBs at any concentration, with 
no free flowing liquids and having an inside diameter less than or 
equal to 4 inches, may be abandoned in the place it was used to 
transport natural gas if the pipeline is either:
    (1) Sealed closed at each end and the pipe is included in a public 
service notification program, such as a ``one-call'' system under 49 
CFR 192.614(a) and (b); or
    (2) Filled to 50 percent of the volume of the pipe with grout (such 
as a hardening slurry consisting of cement, bentonite, or clay) or high 
density polyurethane foam, and each end is sealed in place.
    (B) PCB-Contaminated natural gas pipeline of any diameter may be 
abandoned in the place it was used to transport natural gas if it 
contains no free flowing liquids and each end is sealed closed.
    (C) Natural gas pipeline of any diameter which contains PCBs may be 
abandoned in the place it was used to transport natural gas if:
    (1) It contains no free flowing liquids.
    (2) The interior surface is cleaned using a single wash of diesel 
fuel with a recovery of 95 percent of the volume introduced into the 
system for washing and less than 50 ppm PCB in the recovered wash, or 
the pipeline is filled to 50 percent of its volume with grout (such as 
a hardening slurry consisting of cement, bentonite, or clay) or high 
density polyurethane foam.
    (3) Each end is sealed closed.
    (D) A section of natural gas pipeline containing PCBs at any 
concentration, but containing no free flowing liquids and located under 
rivers or streams, paved highways, parking lots, sidewalks, permanent 
buildings not associated with the pipeline; or under the adjoining 
rights-of-way or in rights-of-way shared with municipal drinking water 
mains, municipal sewer systems, telephone utilities, or electric 
utilities, may be abandoned in the place it was used to transport 
natural gas if the section is filled to 50 percent of the volume of the 
pipe with grout (such as a hardening slurry-like cement, bentonite, or 
clay) or high density polyurethane foam (except that only cement shall 
be used as grout under rivers or streams) and each end is sealed 
closed.
    (ii) Removal with subsequent action. PCB containing natural gas 
pipeline, when no longer in use, shall be removed from service and 
disposed of under one of the following provisions unless abandoned 
under paragraph (b)(5)(i) of this section:
    (A) The following classifications of natural gas pipeline 
containing no free flowing liquids may be disposed of in a facility 
permitted, licensed or registered by a State to manage municipal or 
industrial solid waste (excluding thermal treatment units); an 
industrial furnace, as defined in Sec. 761.3, and operating in 
compliance with the requirements of paragraph (a)(4) of this section; 
or a disposal facility approved under this part:
    (1) PCB-Contaminated natural gas pipeline where the PCB 
concentration was determined prior to or during removal.
    (2) Natural gas pipeline containing PCBs at any concentration and 
having an inside diameter less than or equal to 4 inches.
    (B) Natural gas pipeline containing PCBs at any concentration may 
be disposed of under one of the following provisions in addition to the 
disposal options in paragraph (b)(5)(i)(A) of this section:
    (1) In an incinerator that complies with Sec. 761.70.
    (2) In a chemical waste landfill that complies with Sec. 761.75, 
provided that all free flowing liquid PCBs have been thoroughly drained 
from the pipe.
    (3) By an alternate disposal technology approved under paragraph 
(e) of this section.
    (4) As a PCB non-remediation waste in compliance with Sec. 761.62.
    (5) Decontaminated in accordance with the standards and procedures 
of Sec. 761.79.
    (iii) Characterization of pipe by PCB concentration in condensate. 
(A) All PCB containing liquids removed from a segment of natural gas 
pipeline must be disposed of in accordance with paragraph (a) of this 
section based on their PCB concentration at the time of removal from 
the pipe.
    (B) For purposes of demonstrating compliance with paragraphs 
(b)(5)(i) and (b)(5)(ii) of this section, a segment of natural gas 
pipeline must be characterized for PCB contamination by analyzing 
liquids found in the segment, or by standard wipe samples according to 
Appendix I of this part.
    (6) * * *
    (ii) PCB-Contaminated Articles must be disposed of by draining all 
free flowing liquid, for at least 48 continuous hours, from the 
article, disposing of the liquid in accordance with paragraph (a)(2) or 
(a)(3) of this section and disposing of the drained PCB-Contaminated 
Articles in a facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste (excluding thermal treatment 
units), an industrial furnace as defined in Sec. 761.3 operating in 
compliance with the requirements of paragraph (a)(4) of this section, 
or a disposal facility approved under this part.
    (iii) PCB-Contaminated Articles which are not in contact with 
liquid PCBs, such as non-porous surfaces including, but not limited to, 
ship and submarine hulls, air handling systems and other articles which 
can be characterized by a standard wipe test, as defined in 
Sec. 761.123, may be disposed of in a facility permitted, licensed or 
registered by a State to manage municipal or industrial solid waste 
(excluding thermal treatment units), an industrial furnace operating in 
compliance with the requirements of paragraph (a)(4) of this section, 
or other disposal facility approved under this part. Anyone with access 
to, or in direct contact with, surfaces contaminated with PCBs at 
levels of 10 to less than 100 micrograms PCB/100 square centimeters 
must be protected from dermal exposure to those surfaces.
*    *    *    *    *
    (e) Any person who is required to incinerate any PCBs and PCB Items 
under this subpart and who can demonstrate that an alternative method 
of destroying PCBs and PCB Items exists and that this alternative 
method can achieve a level of performance equivalent to Sec. 761.70 
incinerators or high efficiency boilers as provided in paragraphs 
(a)(2)(iii) and (a)(3)(iii) of this section, may submit a written 
request to either the Regional Administrator for the Region in which 
disposal will take place or the Director, Chemical Management Division 
for an exemption from the incineration requirements of Sec. 761.70 or 
this paragraph. Requests for approval of alternate methods that will be 
operated in more than one Region must be submitted to the Director, 
Chemical Management Division except for research and development 
involving less than 500 pounds of PCB material (see paragraph (i)(2) of 
this section). Requests for approval of alternate methods that will be 
operated in only one Region must be submitted to the appropriate 
Regional Administrator. The applicant must show that its method of 
destroying PCBs will not present an unreasonable risk of injury to 
health or the environment. On the basis of such information and any 
other available information, the Regional Administrator or the 
Director, Chemical Management Division may, in his or her discretion, 
approve the use of the alternate method if he or she finds that the 
alternate disposal method provides PCB destruction equivalent to 
disposal in a Sec. 761.70 incinerator or a Sec. 761.60 high efficiency 
boiler and will not present an unreasonable risk of injury to health or 
the environment. Any approval must be stated in writing and may contain 
such conditions and provisions as the Regional Administrator or 
Director, Chemical Management Division deems appropriate. The person to 
whom such waiver is issued must comply with all limitations contained 
in such determination. Written approval to use the alternate method of 
destroying PCBs or PCB Items must be obtained from the appropriate EPA 
official prior to any use of the method to dispose of PCB waste.
*    *    *    *    *
    (g) * * *
    (1) * * *
    (iii) Unless otherwise specified in these rules, the chemical 
analysis of PCBs shall be conducted using gas chromatography. There are 
several gas chromatographic methods that may be used depending on the 
material being analyzed. For that reason, there is no requirement to 
use a specific gas chromatography procedure. Applicable procedures 
include, but are not limited to, EPA Method 608, ``Organochlorine 
Pesticides and PCBs'' at 40 CFR part 136, Appendix A''; EPA Method 
8080, ``Organochlorine Pesticides and PCBs'' of SW-846, ``OSW Test 
Methods for Evaluating Solid Waste'' which is available from NTIS and 
ASTM Standard D-4059, ``Standard Test Method for Analysis of 
Polychlorinated Biphenyls in Insulating Liquids by Gas Chromatography'' 
which is available from the American Society for Testing and Materials 
(ASTM, 1916 Race Street, Philadelphia, PA 19103).
    (2) * * *
    (iii) Unless otherwise specified in these rules, the chemical 
analysis of PCBs shall be conducted using gas chromatography. There are 
several gas chromatographic methods that may be used depending on the 
material being analyzed. For that reason, there is no requirement to 
use a specific gas chromatography procedure. Applicable procedures 
include the procedures indicated in paragraph (g)(1)(iii) of this 
section.
*    *    *    *    *
    (i) * * *
    (2) Except for activity authorized under paragraph (j) of this 
section, research and development (R&D) for PCB disposal using a total 
of less than 500 pounds of PCB material (regardless of PCB 
concentration) will be reviewed and approved by the EPA Regional 
Administrator for the Region where the R&D will be conducted and R&D 
for PCB disposal using 500 pounds or more of PCB material (regardless 
of PCB concentration) will be reviewed and approved by the Director, 
Chemical Management Division.
*    *    *    *    *
    (j) Self-implementing requirements for research and development 
(R&D) for PCB disposal. R&D for PCB disposal includes demonstrations 
for commercial PCB disposal approvals, pre-demonstration tests, tests 
of major modifications to approved PCB disposal technologies, 
treatability studies for approved PCB disposal technologies, 
development of new disposal technologies, and research on environmental 
transformation processes such as biodegradation. R&D for PCB disposal 
activities authorized in this section do not include research or 
analysis for the development of any PCB product or the R&D activities 
authorized in Sec. 761.30(j).
    (1) R&D for PCB disposal may be conducted without prior written 
approval from EPA if the following conditions are met:
    (i) A notification is filed and an EPA identification number is 
obtained pursuant to subpart K of this part.
    (ii) The EPA Regional Administrator for the Region in which the R&D 
for PCB disposal activity will occur is notified in writing at least 30 
days prior to the commencement of any R&D for PCB disposal activity 
conducted under this section. Each written notification shall include 
the EPA identification number of the site where the R&D for PCB 
disposal activities will be conducted, the quantity of PCBs to be 
treated, the type of R&D technology to be used, the general physical 
and chemical properties of material being treated, and an estimate of 
the duration of the PCB activity.
    (iii) The amount of material containing PCBs treated annually by 
the facility during R&D for PCB disposal activities does not exceed 500 
gallons of liquid or 70 cubic feet of non-liquid PCBs and does not 
exceed a maximum concentration of 10,000 ppm PCBs.
    (iv) No more than 1 kilogram total of pure PCBs per year is 
disposed of in all R&D for PCB disposal activities at a facility.
    (v) Each R&D for PCB disposal activity under this section shall be 
limited to no more than one calendar year.
    (vi) All PCB wastes (treated and untreated PCB materials, testing 
samples, spent laboratory samples, residuals, untreated samples, 
contaminated media or instrumentation, clothing, etc.) shall be stored 
in compliance with the storage requirements of Sec. 761.65(b) and shall 
be disposed of according to concentration of PCBs prior to treatment. 
Only PCB materials not treated in the R&D for PCB disposal activity may 
be returned to the site of generation.
    (vii) Manifests are used for all R&D PCB wastes being transported 
from the R&D for PCB disposal facility to an approved PCB storage or 
disposal facility. However, no manifests are required if the residuals 
or treated samples are returned to the site of generation.
    (viii) All PCB wastes are packaged and shipped pursuant to DOT 
requirements.
    (ix) All facilities that conduct R&D for PCB disposal must comply 
with all applicable requirements of this part, including the 
recordkeeping requirements of Sec. 761.180, the storage and disposal 
requirements of subpart D of this part.
    (x) Material limitations set out in paragraphs (j)(1)(iii) and (iv) 
of this section and the time duration limitation set out in paragraph 
(j)(1)(v) of this section shall not be exceeded without prior written 
approval from EPA. Requests for approval to exceed the material 
limitations for PCBs in R&D for PCB disposal activities as defined in 
this section must be submitted in writing to the Regional Administrator 
for the Region in which the facility conducting R&D for PCB disposal 
activities is located. Each request shall specify the quantity or 
concentration requested or additional time needed for disposal and 
include a justification for each increase. For extensions to the 
duration of the R&D for PCB disposal activity, the request shall also 
include a report on the accomplishments and progress of the previously 
authorized R&D for PCB disposal activity for which the extension is 
sought. The Regional Administrator may require the requestor to obtain 
an R&D approval according to the requirements in paragraphs (e) and 
(i)(2) of this section, or Secs. 761.70(a) or (b); or the Regional 
Administrator may grant a waiver in writing for an increase in the 
volume of PCB material, the maximum concentration of PCBs, the total 
amount of pure PCBs, or the duration of the R&D activity. Approvals 
shall be in writing and signed by the Regional Administrator. Approvals 
will state all requirements applicable to the R&D for PCB disposal 
activity.
    (2) At any time the Regional Administrator for the Region in which 
an R&D for PCB disposal activity is conducted may make the 
determination under this section that a R&D PCB disposal approval under 
paragraphs (e) and (i)(2) of this section, or Secs. 761.70(a) or (b) is 
required to conduct a specific R&D PCB disposal activity to ensure that 
any R&D for PCB disposal activity does not present an unreasonable risk 
of injury to health or the environment.
*    *    *    *    *
    11. By adding Secs. 761.61, 761.62, 761.63, and 761.64 to subpart D 
to read as follows:


Sec. 761.61   PCB remediation waste.

    PCB remediation waste shall be removed or otherwise disposed of in 
accordance with one of the options in paragraphs (a) through (c) of 
this section. Any person disposing of PCBs is also responsible for 
determining and complying with all other applicable Federal, State, and 
local laws and regulations.
    (a) Self-implementing site remediation. Where applicable, the 
cleanup and disposal of PCB remediation waste may be conducted in 
accordance with the following requirements without a written approval 
from EPA.
    (1) Applicability. The self-implementing remediation provisions do 
not apply to the following:
    (i) Spills which result in direct contamination of:
    (A) Surface and ground waters.
    (B) Sediments in lakes, ponds, rivers, or streams.
    (C) Sewers and sewage treatment systems.
    (D) Any private or public drinking water sources or distribution 
systems.
    (E) Grazing lands.
    (F) Vegetable gardens.
    (G) Areas having human populations (such as residential dwellings, 
hospitals, schools, nursing homes, playgrounds, parks, and day care 
centers) and animal populations (such as endangered species habitats, 
estuaries, wetlands, National Parks, National Wildlife Refuges, and 
commercial and sport fisheries) which might have a higher sensitivity 
to the toxic effects of PCBs.
    (ii) PCBs which migrated to and contaminated any site described in 
paragraph (a)(1)(i) of this section prior to completion of the 
remediation of the site.
    (iii) Any site that:
    (A) Appears on the Comprehensive Environmental Response, 
Compensation, and Liability Act's (Superfund) National Priorities List 
at 40 CFR part 300 Appendix B.
    (B) Is currently the subject of a permitting action under Subtitle 
C of the Resource Conservation and Recovery Act or approval under this 
part, or cleanup conducted under subpart G of this part.
    (C) Is currently the subject of any enforcement action under any 
statute administered by EPA.
    (2) Notification. (i) At least 30 days prior to the date for 
beginning the remediation of a site, the person in charge of the 
remediation or the owner of the property where the spill is located 
shall notify, in writing, the appropriate Regional Administrator, the 
appropriate State environmental protection agency, and the appropriate 
county or local environmental protection agency where the remediation 
will be conducted of:
    (A) The nature and extent of the contamination, including kinds of 
materials contaminated.
    (B) The procedures used to sample contaminated and adjacent areas; 
PCB concentrations measured in each sample.
    (C) The location and supposed extent of the contaminated area 
(including maps); and proposed remediation options for contaminated 
materials. Anyone conducting a remediation activity under this section 
may obtain a waiver of the 30-day notification requirement. To do so, 
they must receive a separate waiver in writing, from each of the three 
agencies they are required to notify under this section. The original 
written waiver shall be retained as required in paragraph (a)(3) of 
this section.
    (ii) The owner of the property where the PCB remediation site is 
located and the party responsible for field remediation activities:
    (A) Both parties shall sign and submit in writing to the Regional 
Administrator a certificate stating that they have on file certain 
documents including all sampling plans, sample collection procedures, 
sample preparation procedures, extraction procedures, and instrumental/
chemical analysis procedures used to assess or characterize the PCB 
contamination at the remediation site.
    (B) Shall use a sampling frequency for the remediation site 
characterization at least as comprehensive as that required in Appendix 
II of this part for verifying the completeness of the site remediation. 
There are no other requirements for site assessment or site 
characterization.
    (C) May use PCB field screening tests as defined in Sec. 761.3 for 
characterization of PCB remediation waste under the following 
conditions. If both of the following requirements cannot be met, PCB 
field screening tests shall not be used for purposes of 
characterization of PCB remediation wastes through self-implementing 
site remediation (paragraph (a) of this section), and, at a minimum, 
gas chromatography with an electron capture detector (GC/EC) shall be 
used for analyzing for the presence and concentration of PCBs.
    (1) A comparison study, using an appropriate gas chromatography 
(GC) analytical procedure such as EPA Method 8080 or 8280 to analyze 
the PCB remediation wastes, shows that there are no materials present 
in the PCB remediation waste which would interfere with the screening 
test. (For purposes of this section, interfering with the PCB field 
screening test means that for the analysis of at least three samples 
having PCB levels greater than 10 ppm, the PCB concentration reported 
by the PCB field screening test is no less than 75 percent of the PCB 
concentration reported GC method for the same sample.)
    (2) At a minimum, 25 percent of all PCB remediation waste samples 
taken shall be confirmed by EPA Method 8080 or equivalent. For PCB 
field screening tests analyzing fewer than 40 PCB remediation waste 
samples, at least 10 confirmation analyses are required. Confirmation 
analyses shall be performed on at least one sample from each different 
type of PCB remediation waste material (for example: soil, sludge, and/
or sediment) at each site at a facility, even if this means more than 
10 analyses.
    (3) Recordkeeping. For paragraphs (a)(4) and (5) of this section, 
recordkeeping is required in accordance with Sec. 761.125(c)(5).
    (4) On-site cleanup and disposal of PCB remediation waste. For 
purposes of cleaning or decontaminating PCB remediation waste under 
this section there are two general categories of waste: bulk PCB 
remediation waste (everything other than non-porous surfaces, such as: 
soil, sediments, dredged materials, debris, muds, municipal sludge, 
industrial sludge, and porous surfaces) and non-porous surfaces. 
Sampling for the verification of the cleanup of the PCB remediation 
wastes shall be in accordance with Appendix II of this part. Interim 
sampling during on-going cleanup may use PCB screening tests to 
determine when to take samples to verify that cleanup is complete. 
Requirements for the use of the PCB screening tests for this interim 
sampling are the same as for site characterization in paragraphs 
(a)(2)(ii)(B) of this section.
    (i) High exposure areas-- (A) Bulk PCB remediation waste. The 
cleanup level for bulk PCB remediation waste in high exposure areas is 
less than or equal to 1 ppm except as otherwise noted below. Cleanup of 
bulk PCB remediation waste in high exposure areas shall be accomplished 
by one or more of the following:
    (1) Remove and dispose of all bulk PCB remediation wastes at 
concentrations greater than 1 ppm.
    (2) Remove all bulk PCB remediation wastes at concentrations 
greater than 10 ppm and place a clean (less than 1 ppm PCBs) soil cover 
of a uniform thickness of a minimum of 25 centimeters (10 inches) over 
the site where PCBs remain in excess of 1 ppm. A cap of other clean 
non-porous material, such as concrete or asphalt at a minimum uniform 
thickness of 15 centimeters (6 inches) may be used in place of the 
clean soil cover.
    (3) (i) Extract PCBs from PCB remediation wastes with a solvent 
extraction process where: A non-chlorinated solvent is used; the 
solvent extraction process occurs at ambient temperature; the 
extraction process is not exothermic; and no external heat is used for 
the extraction process.
    (ii) The extraction process shall have secondary containment to 
prevent any solvent from being released to the underlying or 
surrounding soils or surface waters.
    (iii) Solvent disposal, recovery, and/or reuse shall be in 
accordance with relevant provisions in paragraphs (b)(1) and (c) of 
this section and other applicable Federal, State, or local laws or 
regulations.
    (iv) PCB remediation waste treated using a non-thermal extraction 
process according to paragraphs (a)(4)(i)(A)(3)(i) through (iii) of 
this section and left on site shall have residual levels of: Less than 
or equal to 1 ppm as in paragraph (a)(4)(i)(A)(1) of this section. Less 
than or equal to 10 ppm, and a clean (less than 1 ppm PCBs) soil cover 
of a minimum uniform thickness of 25 centimeters (10 inches) placed 
over the site where PCBs remain in excess of 1 ppm. A cap of other 
clean impervious material, such as concrete or asphalt at a minimum 
uniform thickness of 15 centimeters (6 inches) may be used in place of 
the clean soil cover as in paragraph (a)(4)(i)(A)(2) of this section.
    (v) If the treatment process in paragraph (a)(4)(i)(A)(3)(i) 
through (a)(4)(i)(A)(3)(iii) of this section does not meet the 
measurement-based objectives required in paragraph (a)(4)(i)(A)(1) or 
(a)(4)(i)(A)(2) of this section, then the treated material shall be 
disposed of based on its existing concentration in accordance with the 
disposal requirements of paragraph (b) or paragraph (c) of this 
section.
    (4)(i) Bulk PCB remediation waste may be microencapsulated or 
vitrified on-site. Microencapsulated PCB remediation waste must be 
homogenous to the point that it has no free liquid component as 
measured by Method 9095 (Paint Filter Liquids Test) as described in SW-
846 ``Test Methods for Evaluating Solid Wastes, Physical/Chemical 
Methods'' which is available from NTIS.
    (ii) The standard for treatment of PCB remediation wastes where the 
PCBs have been microencapsulated or vitrified is less than 50 
micrograms PCBs per liter as measured by the Toxicity Characteristic 
Leaching Procedure (TCLP), 40 CFR part 261, Appendix II, Method 1311.
    (iii) Microencapsulated or vitrified PCB remediation waste not 
exhibiting the toxicity characteristic (i.e., TCLP concentration less 
than 50 g/l PCB) shall be disposed of at an off-site facility 
according to paragraph (a)(5)(i)(B)(2) or (3) of this section.
    (B) Non-porous surfaces. Non-porous surfaces shall be 
decontaminated in accordance with Sec. 761.79.
    (ii) Low exposure areas--(A) Bulk PCB remediation waste. The 
cleanup level for low exposure areas is less than or equal to 25 ppm 
unless otherwise specified in this paragraph. Cleanup of bulk PCB 
remediation waste in low exposure areas shall be accomplished by one or 
more of the following:
    (1) Remove and dispose of all materials at concentrations equal to 
or greater than 25 ppm PCB.
    (2) Remove and dispose of all materials equal to or greater than 50 
ppm PCB if the area is secured by a fence and a sign including the ML.
    (3) Remove all materials greater than 100 ppm PCB and place a clean 
(less than 1 ppm PCBs) soil cover of a uniform thickness of a minimum 
of 25 centimeters (10 inches) over the site where PCBs remain in excess 
of 25 ppm. A cap of other clean impervious material, including concrete 
or asphalt at a minimum uniform thickness of 15 centimeters (6 inches) 
may be used in place of the clean soil cover.
    (4)(i) Bulk PCB remediation waste may be disposed of onsite using a 
solvent extraction process where: A non-chlorinated solvent is used; 
the solvent extraction process occurs at ambient temperature; the 
extraction process is not exothermic; and no external heat is used for 
the extraction process.
    (ii) The extraction process shall have secondary containment to 
prevent any solvent from being released to the underlying or 
surrounding soils and surface water.
    (iii) Solvent disposal, recovery, and/or reuse shall be in 
accordance with relevant provisions in paragraphs (b)(1) and (c) of 
this section, and other applicable Federal, State, or local laws or 
regulations.
    (iv) PCB remediation waste treated using a non-thermal extraction 
process according to paragraph (a)(4)(ii)(A)(4)(i) through 
(a)(4)(ii)(A)(4)(iii) of this section and left on site shall have 
residual levels of: Less than or equal to 25 ppm as in paragraph 
(a)(4)(ii)(A)(1) of this section; less than or equal to 50 ppm, and the 
area shall be secured by a fence, and a sign, including the ML shall be 
posted, as in paragraph (a)(4)(ii)(A)(2) of this section; or to less 
than or equal to 100 ppm PCB, and a clean (less than 1 ppm PCBs) soil 
cover of a minimum uniform thickness of 25 centimeters (10 inches) 
placed over the site where PCBs remain in excess of 25 ppm. A cap of 
other clean impervious material, such as concrete or asphalt at a 
minimum uniform thickness of 15 centimeters (6 inches) may be used in 
place of the clean soil cover as in paragraph (a)(4)(ii)(A)(3) of this 
section.
    (v) If the treatment process in paragraph (a)(4)(ii)(A)(4)(i) 
through (a)(4)(ii)(A)(4)(iii) of this section does not meet the 
measurement-based objectives required in paragraphs (a)(4)(ii)(A)(1), 
(a)(4)(ii)(A)(2), or (a)(4)(ii)(A)(3) of this section, then the treated 
material shall be disposed of off-site based on its existing 
concentration according to paragraphs (b)(2) and (c) of this section.
    (5)(i) Bulk PCB remediation waste may be microencapsulated or 
vitrified on-site. Microencapsulated PCB remediation waste must be 
homogenous to the point that it has no free liquid component as 
measured by Method 9095 (Paint Filter Liquids Test) as described in 
``Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' 
which is available from NTIS.
    (ii) The standard for treatment of PCB remediation wastes where the 
PCBs have been microencapsulated or vitrified is less than 50 
micrograms PCB per liter as measured by the Toxicity Characteristic 
Leaching Procedure (TCLP), 40 CFR part 261, Appendix II, Method 1311.
    (iii) Microencapsulated or vitrified PCB remediation waste not 
exhibiting the Toxicity Characteristic (i.e., TCLP concentration less 
than 50 g/l PCB) shall be disposed of at an off-site facility 
according to paragraph (a)(5)(i)(B)(2) or (3) of this section.
    (B) Non-porous surfaces. Non-porous surfaces shall be 
decontaminated in accordance with Sec. 761.79 or disposed of in a 
facility with a disposal approval under this part.
    (C) Change in land use for a remediation site. Where there is an 
actual or proposed change in use of an area cleaned up under paragraph 
(a)(4)(ii) of this section, and the exposure of people or animal life 
in or at that area is expected to increase resulting in a change in 
status from a low exposure area to a high exposure area, the owner of 
the area shall clean up the area in accordance with the high exposure 
area PCB remediation waste cleanup requirements in paragraph (a)(4)(i) 
of this section.
    (iii) Cap requirements. Caps shall comply with the permeability, 
sieve, liquid limit, and plasticity index parameters in 
Sec. 761.75(b)(1)(ii) through (b)(1)(v). Caps shall be designed and 
constructed according to Sec. 264.310(a) of this chapter. In the case 
of a concrete or asphalt cap, the cap shall be of sufficient strength 
to maintain its effectiveness and integrity during the use of the cap 
surface which is exposed to the environment. A cap shall not be 
contaminated at a level 1 ppm PCB per Aroclor (or 
equivalent) or per congener. Caps shall be visually inspected monthly 
for breaches such as leaks, cracks, breaks, and faults. Repairs shall 
begin within 48 hours of discovery for any breaches which would impair 
the integrity of the cap.
    (iv) Deed restrictions for caps and fences. When a remedial 
activity, under this section, includes the use of a fence or a cap, the 
fence or cap must be maintained by the owner of the site, in 
perpetuity.
    (A) Within 30 days of completion of a remediation activity under 
this section, a notice of the existence of the fence or cap and the 
requirement to maintain the fence or cap under paragraph (a) of this 
section shall be placed on the deed for the property by the owner of 
the site. Upon request by EPA, a copy of any notice required by this 
paragraph shall be sent to the EPA Regional Administrator, within 60 
days of completion of a remedial activity under this section.
    (B) The owner of a site being remediated under this section may 
remove a fence or cap after conducting additional remediation 
activities and achieving cleanup levels, specified in this section, 
which do not require a cap or fence.
    (C) The notice on the deed shall be removed from the deed no 
earlier than 30 days after achieving the cleanup levels specified in 
this section which do not require a fence or cap.
    (v) Wastes generated from the cleanup of PCB remediation waste 
shall be disposed or may be reused as follows:
    (A) Non-liquid cleaning materials and personal protective equipment 
waste shall be disposed of in accordance with paragraph (a)(5)(ii) of 
this section.
    (B) Cleaning solvents, abrasives, and equipment may be reused for 
the same purpose and shall be disposed of according to 
Sec. 761.79(a)(1).
    (vi) Written notice, including the quantity to be shipped and 
highest concentration of PCBs (using extraction Method 3540 in SW-846 
and using the extraction solvent toluene/methanol (option 5.4.1.1) then 
followed by chemical analysis using Method 8080 in SW-846, which is 
available from NTIS), must be provided at least 15 days in advance of 
shipment from the generator, to any facility receiving PCB non-
remediation waste pursuant to paragraphs (a)(4)(i)(A)(4)(iii) and 
(a)(4)(ii)(A)(5)(iii) of this section.
    (5) Off-site disposal of PCB remediation waste. PCB remediation 
waste may be disposed of either at the site which is being remediated 
(on-site) or at another site (off-site) as otherwise allowed under 
Sec. 761.60 through Sec. 761.62. Destruction and containment of PCB 
remediation waste may be accomplished outside of this self-implementing 
site remediation provision (paragraph (a) of this section) so long as 
the destruction and containment has been approved according to 
paragraph (b) or (c) of this section.
    (i) Bulk, non-liquid material. Bulk, non-liquid PCB remediation 
waste shall be disposed of off-site according to its existing 
concentration as follows:
    (A) PCB remediation wastes containing water which can be separated 
or removed, such as sediments, dredged materials, muds, municipal 
sludges, and industrial sludges, shall be dewatered onsite and the 
water filtered to remove PCBs. Non-liquid filter materials must be 
disposed of as non-liquid PCBs according to their existing 
concentration or based on an assumed concentration greater than 500 ppm 
PCBs. Removed water shall be discharged to a facility operating under a 
Federal or State permit to accept water at a specified concentration of 
PCBs or to discharge PCBs in treated water. The dewatered PCB materials 
shall be disposed of according to paragraph (a)(5)(i)(B) of this 
section.
    (B) Non-liquid PCBs shall be disposed of as follows based on its 
existing concentration:
    (1) PCB remediation wastes with a PCB concentration of less than 50 
ppm may be disposed of in any facility permitted, licensed, or 
registered by a State as a municipal or industrial solid waste 
landfill, a RCRA Subtitle C Landfill or a disposal facility approved 
under this part.
    (2) PCB remediation wastes with a PCB concentration of less than 
500 ppm may be disposed of in a RCRA Subtitle C landfill or a disposal 
facility approved under this part.
    (3) PCB remediation wastes with a PCB concentration of 500 ppm and 
greater may be treated using the solvent extraction process described 
in paragraph (a)(4)(i)(A)(3)(i) through (a)(4)(i)(A)(3)(iii) of this 
section to less than 50 ppm and then disposed of based on the post-
treatment PCB concentration according to paragraph (a)(5)(i)(A)(2)(i), 
or treated to less than 500 ppm and disposed of according to paragraph 
(a)(5)(i)(A)(2)(ii) of this section. If the treatment process does not 
reduce the PCB levels in the bulk PCB remediation waste to less than 
500 ppm, then the treated bulk PCB remediation waste shall be disposed 
of off-site based on its existing concentration according to paragraph 
(b)(1) or (c) of this section and other Federal, State or local laws or 
regulations.
    (C) Written notice, including the quantity to be shipped and 
highest concentration of PCBs (using extraction Method 3540 in SW-846, 
which is available from NTIS), must be provided at least 15 days in 
advance of shipment from the generator, to any off-site facility 
receiving bulk non-liquid PCB non-remediation waste.
    (ii) Other non-liquid materials. Other non-liquid materials such as 
rags, gloves, booties, other disposable personal protective equipment, 
and similar materials resulting from site remediation activities, shall 
be disposed of off-site according to paragraph (a)(5)(i)(B)(1) of this 
section.
    (6) Duty to comply. Any person conducting a remedial action under 
paragraph (a) of this section must fully comply with each requirement 
and limitation of paragraph (a) or any addition to paragraph (a) 
subsequently approved under paragraph (c) of this section.
    (b) Performance-based disposal. (1) Liquid PCB remediation waste 
shall be disposed of according to Sec. 761.60(a)(1), (a)(2) or (a)(3) 
or Sec. 761.60(e) as applicable.
    (2) Non-liquid PCB remediation waste shall be disposed of in a high 
temperature incinerator approved according to the requirements of 
Sec. 761.70(b), or, according to an alternate destruction method 
approved according to the requirements of Sec. 761.60(e), or a chemical 
waste landfill approved according to the requirements Sec. 761.75.
    (c)  Risk-based disposal approval. Applications for cleanup and 
disposal of PCB remediation waste in a manner other than prescribed in 
paragraph (a) or (b) of this section must be made in writing to the 
Regional Administrator in the Region in which the PCB remediation 
wastes are located. Applications for the addition of a process, 
procedure, or technology to paragraph (a) of this section must be made 
in writing, to the Director, Chemical Management Division. Each 
application must contain information that, based on technical, 
environmental, and other considerations, indicates that the proposed 
cleanup levels, storage and disposal methods will not pose an 
unreasonable risk of injury to health and the environment. The EPA may 
request other information that it believes to be necessary for an 
evaluation of the proposed site remediation or waste management 
method(s) including assessment of site conditions; general risk posed 
by the process, procedure or technology; and analysis of the proposed 
alternative. In approving a disposal method for PCB remediation wastes, 
EPA may consider:
    (1) The risk factors associated with the waste.
    (2) The risk factors associated with the proposed waste management 
option such as the safety, reliability, and effectiveness (including 
the potential for concentration and volume reduction, waste 
minimization, long- and short-term effectiveness, permanence, technical 
feasibility, and availability) of the proposed waste management 
options.
    (3) Other applicable Agency guidelines, criteria, and regulations 
to ensure that any treatment residues or discharges of remediation 
wastes that contain PCBs and other contaminants are adequately 
controlled to protect the environment. The EPA may also specify and 
approve access or use restrictions and other monitoring, institutional 
controls or notice requirements when PCB remediation wastes or PCB 
Items remain at the site.
    (d) Other requirements. Other requirements of a risk-based disposal 
approval that must be followed are:
    (1) The person to whom such approval is issued must comply with all 
conditions and limitations contained in the approval.
    (2) Any approval by the EPA shall be in writing; it shall contain 
EPA's findings, the reason for the approval, the approval conditions, 
and may contain any appropriate limitations on the approved cleanup and 
method(s) for disposal of PCB remediation waste.
    (3) Any approval by EPA for the addition of a process, procedure, 
or technology to paragraph (a) of this section shall be in writing, and 
may contain specific conditions and limitations as the EPA deems 
appropriate to protect health and the environment.
    (e) Remediation activities conducted under paragraph (c) of this 
section shall not commence prior to written approval by EPA.


Sec. 761.62   Disposal of PCB non-remediation waste.

    Any person disposing of PCBs is also responsible for determining 
and complying with all other applicable Federal, State, or local laws 
or regulations. PCB non-remediation waste shall be disposed of:
    (a) Performance-based disposal. (1) In an incinerator which 
complies with Sec. 761.70.
    (2) In a chemical waste landfill which complies with Sec. 761.75.
    (b) Leachability-based disposal. (1) In a facility permitted, 
licensed, or registered by a State as a municipal or industrial solid 
waste landfill if the concentration of PCBs in a representative sample 
of the PCB non-remediation waste is less than 50 micrograms per liter 
as measured by the Toxicity Characteristic Leaching Procedure (TCLP), 
40 CFR part 261, Appendix II, Method 1311. The representative sample 
shall be collected according to the procedures in Appendix III of this 
part.
    (2) PCB non-remediation waste shall be sampled in accordance with 
the procedures specified in Appendix III of this part. Alternate 
sampling plans and procedures shall be used only after being approved 
in writing by EPA as part of a disposal application under paragraph (c) 
of this section.
    (3) Written notice, including the quantity to be shipped and 
highest concentration of PCBs (using extraction Method 3540 in SW-846 
and using the extraction solvent toluene/methanol (option 5.4.1.1) and 
followed by chemical analysis using Method 8080 in SW-846, available 
from NTIS), must be provided at least 15 days in advance of shipment 
from the generator, to any facility receiving PCB nonremediation waste 
pursuant to paragraph (b)(1) of this section.
    (4) The applicable recordkeeping provisions of Sec. 761.180 must be 
adhered to with regard to all sampling and analysis of PCBs under this 
section.
    (c) Risk-based disposal approval. (1) Upon written application, PCB 
non-remediation waste shall be disposed of using a disposal method or 
at a location approved by the Regional Administrator for the Region in 
which the disposal will occur. Applications for disposal of PCB non-
remediation waste in a manner other than prescribed in paragraph (a) or 
(b) of this section must be made in writing to the Regional 
Administrator. The application must contain information that, based on 
technical, environmental, or waste-specific characteristics or 
considerations, indicates that the proposed storage and disposal 
methods or location will not pose an unreasonable risk of injury to 
health or the environment. The Regional Administrator may request other 
information that he or she believes to be necessary for an evaluation 
of the alternate disposal method. In approving a disposal method or 
location for non-remediation wastes, the Regional Administrator may 
consider:
    (i) The ability of the proposed method or location of disposal to 
destroy PCBs or isolate PCBs from the environment.
    (ii) The environmental sensitivity of the proposed disposal site 
for any proposed land disposal of treated or untreated PCB non-
remediation wastes.
    (iii) Other applicable Agency guidelines, criteria, and regulations 
to ensure that the wastes are adequately controlled to protect the 
environment.
    (2) Any risk-based disposal approval by the Regional Administrator 
shall be in writing, may contain any appropriate limitations on the 
approved method or location for disposal, and may impose PCB source 
identification and other requirements to control the level and 
variability of contamination in the waste stream.
    (3) The person to whom such risk-based disposal approval is issued 
must comply with all conditions and limitations contained in the 
approval.


Sec. 761.63   Household waste disposal.

    Household waste as defined at Sec. 761.3 may be disposed of in a 
facility permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste or in an industrial furnace as 
defined in Sec. 761.3 and operated in compliance with the requirements 
of Sec. 761.60(a)(4).


Sec. 761.64   Disposal of wastes generated as a result of the chemical 
analysis of PCBs.

    This section provides disposal requirements for wastes generated at 
a chemical analysis laboratory during the process of the analysis of 
samples containing PCBs. For determining the presence of PCBs in 
samples, chemical analysis includes: sample preparation, sample 
extraction, extract cleanup, extract concentration, addition of PCB 
standards, and instrumental analysis. These wastes may be regulated for 
disposal under other applicable Federal, State, and local laws or 
regulations.
    (a) Portions of samples extracted for purposes of determining the 
presence of PCBs or concentration of PCBs are unregulated for purposes 
of PCB disposal.
    (b) Aqueous rinse solvents may be filtered through charcoal 
filters, the filters disposed of as non-liquid PCBs according to 
Sec. 761.62, and the filtered water disposed of according to 
Sec. 761.79(a) and (h).
    (c) Non-liquid wastes which do not exceed a volume of 54 cubic feet 
or a weight of 1,000 kg per year are regulated for disposal according 
to Sec. 761.61(a)(5)(i)(B)(1). Additional quantities of this waste may 
be decontaminated according to Sec. 761.79 or disposed of without 
decontamination according to the highest PCB concentration in the 
original sample materials.
    (d) Organic solvents used for the extraction of PCBs during 
chemical analysis may be distilled and reused in chemical analysis 
laboratories without prior approval, and subject to the following 
procedures, conditions, and limitations:
    (1) The distillation shall be conducted in the analytical 
laboratory or an adjacent room.
    (2) The maximum distillation rate is 4 liters per hour.
    (3) The maximum volume of all solvents containing PCBs in storage 
at any one time for distillation under this section is 100 liters.
    (4) The final PCB concentration of each batch of distilled solvent, 
not to exceed 10 liters in volume, does not exceed the level set in 
Secs. 761.79(a) through (h).
    (5) PCBs separated from these waste solvents (usually in the form 
of still bottoms) are regulated for disposal according to 
Secs. 761.60(a)(1) through (a)(3).
    (6) The distillation apparatus may be reused indefinitely in the 
laboratory under this section without decontamination.
    (7) If the distillation unit is removed from service as a 
distillation apparatus under this section, is dismantled, or is not 
used for a period of 90 days, then the distillation unit shall be 
decontaminated in accordance with the standards and procedures in 
Sec. 761.79. All decontamination wastes including contaminated 
solvents, still bottoms, and decontamination solid wastes shall be 
disposed of in accordance with the applicable procedures and standards 
in Secs. 761.79, 761.60(a)(1) through (a)(3), and 761.62, respectively.
    (e) Sulfuric acid and elemental mercury used in the cleanup of 
sample extracts and containing less than 2 ppm PCBs is not regulated 
for disposal under TSCA.
    12. In Sec. 761.65 by revising paragraphs (a), (b) introductory 
text, (b)(1)(ii), (b)(1)(iv), and by adding paragraph (b)(2); by 
revising paragraph (c)(1)(iv), by removing and reserving paragraph 
(c)(2), by removing the term ``facilities'' and substituting the term 
``units'' in paragraph (c)(4), by revising paragraphs (c)(5), (c)(6), 
(c)(7) introductory text, and (c)(8); by removing the term ``facility'' 
and substituting the term ``unit'' in paragraph (d)(2)(iii), by 
redesignating paragraph (g)(7) as (g)(8) and by adding new paragraphs 
(g)(7) and (g)(9); by redesignating paragraph (j) as paragraph (k) and 
adding a new paragraph (j), to read as follows:


Sec. 761.65   Storage for Disposal.

*    *    *    *    *
    (a)(1) Storage limitations. Any PCBs or PCB Items stored for 
disposal after January 1, 1983, shall be removed from storage and 
disposed of as required by subpart D of this part within 1 year from 
the date of removal from service for disposal.
    (2) One-year extension. Any persons storing PCB waste that is 
subject to the 1-year time limit for storage and disposal in paragraph 
(a)(1) of this section may provide written notification to the Regional 
Administrator for the Region in which the PCB waste is stored that they 
have been unsuccessful in their continuing attempts to dispose of or 
secure disposal for their waste within the 1-year time limit. Upon 
receipt of the notice by the Regional Administrator, the time for 
disposal is automatically extended by action of this section for 1 
additional year (2 years total) if the following conditions are met:
    (i) The notification is received by the Regional Administrator at 
least 30 days before the expiration of the initial 1-year time limit 
and it identifies the storer, the types, volumes, and location of the 
waste and the reasons for failure to meet the initial 1-year time 
limit.
    (ii) A written record documenting all continuing attempts to secure 
disposal is maintained until the waste is disposed of.
    (iii) The written record required by paragraph (a)(2)(ii) of this 
section is available for inspection or submission if requested, by the 
Agency.
    (iv) Continuing attempts to secure disposal must have been 
initiated within 30 days of the time the waste is first subject to the 
1-year time limit requirement (i.e., the date of removal from service 
for disposal). A claim that disposal costs are prohibitive or failure 
to initiate and continue attempts to secure disposal throughout the 
total time the waste is in storage shall automatically disqualify the 
notifier from receiving an automatic extension under this section.
    (3) Additional extensions. Upon written request, the Regional 
Administrator for the Region in which the wastes are stored may grant 
at any time, additional extensions beyond the One-year extension 
authorized in paragraph (a)(2) of this section. At the time of the 
request, the requestor must supply specific justification for the 
additional extension and indicate what measures the requestor is taking 
to secure disposal of the waste or indicate why disposal could not be 
conducted during the period of the prior extension. The Regional 
Administrator may require, as condition to granting any extension under 
this section, specific actions including, but not limited to, marking, 
inspection, recordkeeping, or financial assurance to ensure that the 
waste does not pose an unreasonable risk of injury to health or the 
environment.
    (4) Storage at an approved facility. Extensions under paragraph 
(a)(1) of this section, may be granted as a condition of any TSCA PCB 
Disposal approval, by the Regional Administrator for the Region in 
which the PCBs or PCB Items are to be stored or the Director, Chemical 
Management Division (CMD), as appropriate, if the Regional 
Administrator or Director, CMD determines that there is a demonstrated 
need or justification for such extension and that no unreasonable risk 
of injury to health or the environment will result. Criteria for 
extending the 1-year time limit for storage and disposal include, but 
are not limited to, lack of disposal capacity, the absence of a 
treatment technology, or insufficient time to complete the treatment/
destruction process and a demonstration that relevant treatment or 
disposal options are being pursued. In granting such extensions, the 
Regional Administrator or the Director, CMD may require the submission 
of any information the Regional Administrator or the Director, CMD 
believes is necessary for an evaluation of the requested extension and 
periodic progress reports that demonstrate that appropriate treatment 
or disposal options are being pursued.
    (b) Except as provided in paragraphs (b)(2), (c)(1), and (c)(7) of 
this section, after July 1, 1978, owners or operators of any facilities 
used for the storage of PCBs and PCB Items designated for disposal 
shall comply with the following storage unit requirements:
    (1) * * *
    (ii) An adequate floor that has continuous curbing with a minimum 6 
inch high curb. The floor and curbing must provide a containment volume 
equal to at least two times the internal volume of the largest PCB 
Article or PCB Container or 25 percent of the total internal volume of 
all PCB Articles or PCB Containers stored therein, whichever is 
greater. PCB/fissionable radioactive wastes are not required to have a 
minimum 6 inch high curbing. However, the floor and curbing must still 
provide a containment volume equal to at least two times the internal 
volume of the largest PCB Container or 25 percent of the total internal 
volume of all PCB Containers stored therein, whichever is greater.
*    *    *    *    *
    (iv) Floors and curbing constructed of Portland cement, concrete, 
or continuous smooth and non-porous materials such as steel to prevent 
or minimize penetration of PCBs.
*    *    *    *    *
    (2) PCBs and PCB Items designated for disposal may be stored in a 
hazardous waste container management unit:
    (i) Permitted by EPA under section 3004 of RCRA; or
    (ii) Permitted by a State authorized under section 3006 of RCRA to 
manage hazardous waste in containers; or
    (iii) In a unit approved or otherwise regulated by a State under a 
law regulating PCBs similar to TSCA.
    (c)(1) * * *
    (iv) PCB containers containing liquid PCBs at concentrations of 50 
ppm or greater, provided a Spill Prevention, Control and Countermeasure 
Plan has been prepared for the temporary storage area in accordance 
with 40 CFR part 112 and the liquid waste is in Department of 
Transportation (DOT) specification containers or stationary bulk 
storage tanks (excluding rolling stock such as, but not limited to, 
tanker trucks).
    (2) [Reserved]
*    *    *    *    *
    (5) All PCB Items in storage shall be checked for leaks at least 
once every 30 days. Any leaking PCB Items and their contents shall be 
transferred immediately to properly marked nonleaking containers. Any 
spilled or leaked materials shall be immediately cleaned up and the 
materials and residues containing PCBs shall be disposed of in 
accordance with Sec. 761.61(b). Records of inspections, maintenance, 
cleanup and disposal must be maintained in accordance with 
Sec. 761.180(a) and (b).
    (6) Except as provided in paragraph (c)(6)(i) of this section, any 
container used for the storage of liquid or non-liquid PCBs shall be in 
accordance with the requirements set forth in the Department of 
Transportation Hazardous Materials Regulations (HMR) at 49 CFR parts 
171-180. PCBs not subject to the HMR (i.e., PCB wastes at 
concentrations of 20 ppm or less than 1 pound of PCBs regardless of 
concentration) must be packaged in accordance with 49 CFR 173.203 (for 
liquids) or 173.213 (for non-liquids). For purposes of describing PCBs 
not subject to DOT's HMR on a manifest, one may use the term ``Non-DOT 
Regulated PCBs''.
    (i) Containers other than those meeting DOT performance standards 
may be used for storage of PCB/fissionable radioactive waste provided 
the following requirements are met:
    (A) Containers used for storage of liquid PCB/fissionable 
radioactive wastes must be non-leaking.
    (B) Containers used for storage of non-liquid PCB/fissionable 
radioactive wastes may need to be designed to prevent the buildup of 
liquids if such containers are stored in an area which meets the 
containment requirements of paragraph (b)(1)(ii) of this section and 
all other applicable State or Federal radiation protection regulations 
or requirements.
    (C) Containers used to store both liquid and non-liquid PCB/
fissionable radioactive wastes must be designed to meet Nuclear 
Criticality Safety requirements specified in the ANSI Standard No. 8.1, 
American National Standard for Nuclear Criticality Safety in Operations 
with Fissile Materials Outside Reactors (American National Standard 
Institutes, 11 W. 42nd St., New York, New York 10036). Acceptable 
container materials currently include polyethylene and stainless steel 
provided that the container material is chemically compatible with the 
wastes being stored. Other containers may be used to store both liquid 
and non-liquid PCB/fissionable radioactive wastes if the users are able 
to demonstrate, to the appropriate Regional Administrator and/or the 
Nuclear Regulatory Commission, that the use of such containers is 
protective of health and the environment as well as public health and 
safety.
    (ii) [Reserved]
    (7) Stationary storage containers for liquid PCBs can be larger 
than the containers specified in paragraph (c)(6) of this section 
provided that:
*    *    *    *    *
    (8) PCB Items shall be dated on the item when they are removed from 
service for disposal. The storage shall be managed so that the PCB 
Items can be located by the date they were removed from service for 
disposal. Storage containers provided in paragraph (c)(7) of this 
section, shall have a record that includes for each batch of PCBs the 
quantity of the batch and date the batch was added to the container. 
The record shall also include the date, quantity, and disposition of 
any batch of PCBs removed from the container. (See also record 
retention requirements at Sec.  761.180.)
*    *    *    *    *
    (g) * * *
    (7) The ``non-corporate parent guarantee'' as specified in 
Sec. 264.143(f)(10) of this chapter.
*    *    *    *    *
    (9) When a modification, such as an increase in storage capacity, 
to a commercial storage facility occurs that warrants establishing a 
new financial assurance mechanism or amending an existing financial 
assurance mechanism, the new or revised financial assurance mechanism 
must be established and activated no later than 30 days after the 
Regional Administrator (or Director, Chemical Management Division 
(CMD)) is notified of the completion of the modification to the 
facility, but prior to use of the modified portion of the facility. The 
Regional Administrator (or Director, CMD) must be notified in writing 
no later than 7 days from the completion of the modification to the 
facility.
*    *    *    *    *
    (j) Changes in ownership or operational control of a commercial 
storage facility. The date of transfer of interim status or final 
approval shall be the date the Regional Administrator (or Director, 
Chemical Management Division) provides written notice of such transfer. 
The Agency will recognize the transfer of interim status or final 
approval for commercial storage facilities if all the following 
conditions are met:
    (1) The transferee demonstrates it has established, by the date of 
transfer, financial assurance for closure pursuant to paragraph (g) of 
this section using a mechanism effective as of the date of final 
approval so that there will be no lapse in financial assurance for the 
transferred facility.
    (2) The transferee submits a new and complete application for final 
storage approval including all the elements listed in paragraph (d) of 
this section.
    (3) The transferor or transferee resolves any deficiencies (e.g., 
technical operations, closure plans, cost estimates, etc.) the Agency 
has identified in the application of the transferor.
*    *    *    *    *
    13. Section 761.67 is added to subpart D to read as follows:


Sec. 761.67   Storage for reuse.

    (a) Any PCB Article may be stored for reuse in an area which is not 
designed, constructed and operated in compliance with Sec. 761.65(b), 
for no more than 3 years from the date it was originally removed from 
use (i.e., service) or 3 years from [insert the effective date of the 
final rule], whichever is later, subject to the following conditions:
    (1) All requirements applicable to the PCB Article stored for reuse 
are followed.
    (2) The PCB Article is labelled and records maintained, starting at 
the time the PCB Article is removed from use or [insert the effective 
date of the final rule]. The label and records must indicate:
    (i) The date the PCB Article was removed from use or[insert the 
effective date of the final rule] if the date it was removed from 
service is not known.
    (ii) The projected location and the future use of the Article.
    (iii) If applicable, the date the Article is scheduled for repair 
or servicing.
    (b) Any PCB Article may be stored for reuse in an area that does 
not comply with Sec. 761.65(b) for a period longer than 3 years, 
provided that the owner or operator of the Article has requested and 
received written approval from the Regional Administrator for the 
Region in which the Article is located. Requests for extensions must be 
submitted to the Regional Administrator at least 6 months prior to the 
expiration of the storage for reuse period and shall include a 
justification, on an item-by-item basis, for the desired extension. The 
Regional Administrator is authorized to attach any conditions to such 
approval as deemed necessary to protect health or the environment. The 
PCB Articles to be stored for reuse shall be subject to the other 
applicable provisions of this part, including the record retention 
requirements at Sec. 761.180(a).
    14. In Sec. 761.75 by removing the term ``facility'' and 
substituting the term ``unit'' in paragraphs (b)(7)(i), (ii) and (iii) 
and by revising paragraph (b)(8)(ii) to read as follows:


Sec. 761.75   Chemical waste landfills.

*    *    *    *    *
    (b) * * *
    (8) * * *
    (ii) An operation plan shall be developed and submitted to the 
Regional Administrator for approval as required in paragraph (c) of 
this section. This plan shall include detailed explanations of the 
procedures to be used for recordkeeping, surface water handling 
procedures, excavation and backfilling, waste segregation burial 
coordinates, vehicle and equipment movement, use of roadways, leachate 
collection systems, sampling and monitoring procedures, monitoring 
wells, environmental emergency contingency plans, and security measures 
to protect against vandalism and unauthorized waste placements. EPA 
guidelines entitled ``Thermal Processing and Land Disposal of Solid 
Waste'' (39 FR 29337, Aug. 14, 1974, available from the U.S. Government 
Printing Office, Washington, DC 20401) are a useful reference in 
preparation of this plan.
*    *    *    *    *
    15. By adding Sec. 761.77 to subpart D to read as follows:


Sec. 761.77   Coordinated approval.

    (a) General requirements. Notwithstanding any other provision of 
this part, the EPA Regional Administrator for the Region in which a PCB 
disposal or PCB commercial storage facility described in paragraphs (b) 
through (g) of this section is located may issue a TSCA PCB Coordinated 
Approval to the persons described in those paragraphs if the conditions 
listed in this section are met. A TSCA PCB Coordinated Approval will 
designate the persons who own and who are authorized to operate the 
facilities described in paragraphs (b) through (g) of this section and 
will apply only to such persons. All requirements, conditions, and 
limitations of any other permit or waste management document described 
in those paragraphs are deemed to be conditions of the TSCA PCB 
Coordinated Approval whose violation is a prohibited act under section 
15 of TSCA.
    (1) Persons seeking a TSCA PCB Coordinated Approval shall submit a 
request for approval by certified mail, return receipt requested, to 
the Regional Administrator for the Region in which the activity will 
take place. Persons seeking a TSCA PCB Coordinated Approval for a new 
PCB activity shall submit the request for approval at the same time 
they seek a permit, approval, or other action for a PCB waste 
management activity under any other Federal or State authority.
    (i) The request for approval shall include a copy of the letter 
from EPA announcing or confirming the EPA ID Number issued to the 
facility for conducting PCB activities; the name, organization, and 
telephone number of the individual who is the point of contact for the 
non-TSCA Federal, State, or local permitting authority; a description 
of the waste management activities to be conducted if a permit or other 
relevent waste management document has not been issued; a copy of the 
relevant permit or waste management document specified in paragraphs 
(b) through (g) of this section; and a certification that the person 
who owns or operates the facility is aware of and will adhere to the 
TSCA PCB reporting and recordkeeping requirements at subparts J and K 
of this part. When a permit or other waste management document has been 
issued for the PCB waste activity, a final copy of the non-TSCA 
document that will be used during the PCB activity, including all 
requirements, conditions, and limitations, shall be submitted to the 
Regional Administrator. This requirement may be waived, in writing, by 
the Regional Administrator.
    (ii) The Regional Administrator shall confirm receipt of the 
request for approval.
    (iii) The Regional Administrator shall review the request for 
approval for completeness, for compliance with the requirements of 
paragraphs (b) through (g), and to ensure that the PCB activity for 
which approval is requested will not present an unreasonable risk of 
injury to health or the environment. The Regional Administrator shall 
either:
    (A) Issue a written notice of deficiency explaining why the request 
for approval is deficient. In addition, the Regional Administrator 
shall either:
    (1) Request additional information, or
    (2) Deny the request for approval and require the person who owns 
or operates the PCB facility to submit an application for a TSCA PCB 
approval;
    (B) Issue a notice of TSCA PCB Coordinated Approval acknowledging 
the non-TSCA approval meets the regulatory requirements under TSCA as 
written; or
    (C) Issue a notice of TSCA PCB Coordinated Approval that includes 
additional conditions that are necessary to implement other sections of 
part 761 or that address the Regional Administrator's concerns 
associated with potential risks of injury to health or the environment.
    (2) If the Regional Administrator determines that conditions of the 
approval are not met, the Regional Administrator may issue a notice of 
deficiency, revoke the TSCA PCB Coordinated Approval, or require the 
person to whom the TSCA PCB Coordinated Approval was issued to submit 
an application for a TSCA PCB approval. Such a determination could be 
based on, but would not necessarily limited to the following:
    (i) Compliance with paragraphs (b) through (g) of this section.
    (ii) Operation of the approved process in a manner which may result 
in an unreasonable risk of injury to health or the environment.
    (iii) Failure to comply with, expiration of, or revocation of the 
non-TSCA approval or of the program under which the nonTSCA approval 
was issued.
    (iv) For CERCLA actions, completion of requirements conducted 
pursuant to a Record of Decision (ROD) or enforcement decision document 
or failure of the owner or operator to comply with conditions of the 
ROD.
    (3) The Regional Administrator shall cease to recognize the non-
TSCA approval as being the equivalent of a TSCA PCB approval after a 
TSCA PCB approval has been issued for the facility.
    (b) Land disposal facilities. The person who owns or operates a 
land disposal facility, that accepts PCB wastes and requires an 
approval under subpart D of this part, shall have a TSCA PCB 
Coordinated Approval if the person:
    (1)(i) Has a permit issued by EPA or an authorized State Director 
under the Solid Waste Disposal Act as amended by the Hazardous and 
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270 
and 271, and is in compliance with all permit conditions based on the 
requirements of 40 CFR part 264, subpart N; or
    (ii) Has a permit issued by a State Director pursuant to a State 
PCB disposal program no less stringent than the TSCA requirements found 
in this part;
    (2) Complies with the conditions of that permit.
    (3) Complies with the chemical waste landfill requirements at 
Sec. 761.75(b).
    (4) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (c) Incinerator. The person who owns and operates facilities used 
to incinerate PCB wastes may operate the facility under a TSCA PCB 
Coordinated Approval if the person:
    (1)(i) Has a permit issued by EPA or an authorized State Director 
under the Solid Waste Disposal Act as amended by the Hazardous and 
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270 
and 271, and is in compliance with the requirements at subpart O of 40 
CFR 264.340 et seq.; or
    (ii) Has a permit issued by a State Director pursuant to a State 
PCB disposal program no less stringent than the requirements in this 
part.
    (2) Complies with the conditions of that permit.
    (3) Complies with the incineration requirements at 
Sec. 761.70(a)(1) through (9), (b)(1) and (2) and (c).
    (4) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (d) Research and development. Persons conducting research and 
development (R&D) into PCB disposal methods (regardless of PCB 
concentration), may conduct R&D under a TSCA PCB Coordinated Approval 
if the person:
    (1)(i) Has a permit issued by EPA or an authorized State Director 
under the Solid Waste Disposal Act as amended by the Hazardous and 
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270 
and 271, and is in compliance with all permit conditions based on the 
requirements of 40 CFR parts 264 and 270.65, (or)
    (ii) Has a permit issued by a State Director pursuant to a State 
PCB disposal program no less stringent than the requirements in this 
part.
    (2) Complies with the conditions of that permit.
    (3) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (e) Alternate disposal technologies. Any person operating an 
alternative disposal method that provides PCB destruction equivalent to 
disposal in a Sec. 761.70 incinerator or a Sec. 761.60 high efficiency 
boiler and will not present an unreasonable risk of injury to health or 
the environment may operate under a TSCA PCB Coordinated Approval if 
the person:
    (1) Has a permit issued by a State Director pursuant to a State PCB 
disposal program no less stringent than the requirements in this part.
    (2) Complies with the conditions of that permit.
    (3) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (f) Commercial storage facility. The person who owns and operates 
commercial storage facilities used to store PCB wastes and is required 
to have an approval under subpart D of this part, shall have a TSCA PCB 
Coordinated Approval if the person:
    (1)(i) Has a permit issued by the EPA or an authorized State 
Director under the Solid Waste Disposal Act as amended by the Hazardous 
and Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 
270 and 271, and is in compliance with all permit conditions based on 
the requirements at 40 CFR part 264, subparts J, K and L, or
    (ii) Has a permit issued by a State Director pursuant to a State 
PCB disposal program no less stringent than the requirements in this 
part.
    (2) Complies with the conditions of that permit.
    (3) Complies with the storage requirements of Secs. 761.65(a), (c), 
(d)(2).
    (4) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    (g) Site remediation. Any person conducting a cleanup of PCB 
remediation waste may conduct the cleanup under a TSCA PCB Coordinated 
Approval if the person:
    (1)(i) Has a permit issued by EPA or an authorized State Director 
under the Solid Waste Disposal Act as amended by the Hazardous and 
Solid Waste Amendments of 1984, section 3005(a) and 40 CFR parts 270 
and 271, and is in compliance with all permit conditions based on the 
requirements of 40 CFR part 264 et seq.,
    (ii) Has a permit issued by a State Director pursuant to a State 
PCB disposal program, or
    (iii) Is conducting a remedial action under CERCLA as amended, 
pursuant to a signed record of decision, consent order or decree.
    (2) Complies with the conditions of that permit, record of 
decision, consent order or decree.
    (3) Complies with the reporting and recordkeeping requirements in 
subparts J and K of this part.
    16. In Sec. 761.79 by adding an introductory paragraph, 
redesignating paragraphs (a) and (b) as (b) and (c), respectively, 
adding new paragraphs (a), (d), (e), (f), (g), and (h) to read as 
follows:


Sec. 761.79  Decontamination.

    Solvents and other decontamination materials shall meet all use, 
safety, health, and disposal standards as required by applicable 
Federal, State, and local laws and regulations. Compliance with the 
standards and procedures for decontamination in this section does not 
provide relief or protection from any other applicable Federal, State, 
or local laws and regulations.
    (a) The purpose of this section is to establish for this part, 
regulatory levels and self-implementing or standardized decontamination 
levels and procedures for removing PCBs from equipment, structures, 
non-porous surfaces, liquids or other materials to allow for reuse. Any 
person conducting a decontamination activity under this section becomes 
a new generator of a PCB waste.
    (1) For purposes of decontamination under this section, the 
solubility of PCBs in any solvent used must be 5 percent or more by 
weight. The solvent may be reused for decontamination until it contains 
50 ppm PCBs. All hydrocarbon solvent used or reused for decontamination 
under this section that contains <50 ppm PCB may be burned and marketed 
in accordance with the requirements for waste oil as promulgated in 
Sec. 761.20(e) or decontaminated pursuant to this section. All 
chlorinated solvent at any concentration or other solvents 
50 ppm PCB used for decontamination under this section shall 
be disposed of as a PCB in accordance with Sec. 761.60(a) or 
decontaminated pursuant to this section. All other liquid or non-liquid 
PCBs resulting from decontamination under this section and not 
otherwise regulated for disposal shall be disposed of in accordance 
with the provisions of Sec. 761.60(a)(1) through (a)(3) or 
Sec. 761.61(a)(5)(i)(B), respectively, or decontaminated pursuant to 
this section.
    (2) All equipment, structures, surfaces, liquids, or other 
materials decontaminated in accordance with the procedures and 
standards of this section may be distributed in commerce or used in 
accordance with the provisions of Sec. 761.20(c)(5) or (6).
    (3) A written record must be established and maintained for a 
period of 3 years from the date of any decontamination under this 
section. The record must show sampling locations and analytical results 
and must be retained at the site of the decontamination or a copy of 
the record must be made available to EPA in a timely manner, if 
requested. This recordkeeping requirement does not apply when sampling 
is not required under this section.
    (4) For purposes of decontamination under this section, filtering, 
soaking, wiping, stripping of insulation, chopping, scraping or the use 
of abrasives to remove or separate PCBs from contaminated surfaces or 
liquids does not require a disposal approval under subpart D of this 
part.
    (5) Any person conducting decontamination activities under this 
section shall take measures to ensure that no solvent, dust or 
particulate emissions containing PCBs are released to the environment 
from the decontamination area. Workers shall wear or use protective 
clothing or equipment to protect against direct dermal contact or 
inhalation of PCBs or materials containing PCBs.
*    *    *    *    *
    (d) The decontamination standard for non-porous surfaces is less 
than or equal to 10 micrograms PCB/100 square centimeters 
(10 g/100cm2) as measured by a standard wipe 
test (Sec. 761.123).
    (e) Any non-porous surface in contact with free flowing mineral oil 
dielectric fluid (MODEF) at levels equal to or less than 10,000 ppm 
PCBs ( 10,000 ppm PCB) may be decontaminated as follows:
    (1) Drain the free flowing MODEF and allow the residual surfaces to 
drain for an additional 15 hours.
    (2) Dispose of drained MODEF according to Sec. 761.60.
    (3) Submerge and soak the contaminated or potentially contaminated 
surfaces in sufficient clean (containing less than 2 ppm PCBs (<2 ppm 
PCBs)) kerosene such that there is a minimum of 800 milliliters (ml) of 
kerosene for each 100 square centimeters (cm2) of contaminated or 
potentially contaminated surface for at least 15 hours at room 
temperature (20 deg. C or greater).
    (4) Drain the kerosene from the surfaces.
    (5) Dispose of the drained kerosene in accordance with paragraph 
(a)(1) of this section.
    (6) Confirmatory sampling is not required, but any person using 
this section to claim that a surface is decontaminated must be able to 
substantiate that claim with records, photographs, video recordings, or 
other forms of documentation.
    (f) Any non-porous surface in contact with free flowing MODEF 
containing greater than 10,000 ppm PCB (>10,000 ppm PCB) in MODEF or 
askarel PCB (up to 70 percent PCB in a mixture of trichlorobenzenes and 
tetrachlorobenzenes) may be decontaminated as follows:
    (1) Drain the free flowing MODEF or askarel and allow the residual 
surfaces to drain for an additional 15 hours.
    (2) Dispose of drained MODEF or askarel according to Sec. 761.60.
    (3) Submerge and soak the contaminated or potentially contaminated 
surfaces in sufficient clean kerosene (containing <2 ppm PCBs) such 
that there is a minimum of 800 ml of kerosene for each 100 cm2 of 
contaminated or potentially contaminated surface for at least 15 hours 
at room temperature (20 deg. C or greater).
    (4) Drain the kerosene from the surfaces.
    (5) Dispose of the drained kerosene in accordance with paragraph 
(a)(1) of this section.
    (6) Submerge and soak the surfaces previously submerged, soaked, 
and drained pursuant to paragraph (f)(3) of this section in sufficient 
clean kerosene such that there is a minimum of 800 ml of kerosene for 
each 100 cm2 of surface for at least 15 hours at 20 deg. C.
    (7) Drain the kerosene from the surfaces.
    (8) Dispose of the drained kerosene in accordance with paragraph 
(a) of this section.
    (9) Confirmatory sampling is not required, but anyone using this 
section to claim that a surface is decontaminated must be able to 
substantiate that claim.
    (g) The decontamination standard for water containing PCBs is less 
than or equal to 0.5 micrograms per liter (i.e., approximately 
0.5 parts per billion (ppb)) PCBs.
    (h) The decontamination standard for organic liquids containing 
PCBs, except for PCB remediation wastes, is less than 2 milligrams per 
liter (i.e., approximately <2 parts per million (ppm)) PCBs.
    17. In Sec. 761.80, by adding paragraph (e); by revising paragraphs 
(g); by adding paragraph (i); by revising paragraphs (n) and (o); and 
by adding paragraph (p) to read as follows:


Sec. 761.80   Manufacturing, processing, and distribution in commerce 
exemptions.

*    *    *    *    *
    (e) The Administrator grants a class exemption to all research and 
development (R&D) facilities for a period of 1 year to manufacture 
PCBs, provided such manufacturing activities do not exceed 454 grams 
(or 1 lb) of PCBs and the manufactured PCBs are used solely in a 
facility's own research for the development of PCB disposal 
technologies, provided the following conditions are met:
    (1) A petition for an exemption from the PCB prohibition on 
manufacturing PCBs must be received by EPA by [insert date 60 days from 
the effective date of the final rule] or 60 days prior to engaging in 
these activities.
    (2) The Regional Administrator must be notified in writing 30 days 
prior to the commencement of any R&D activity authorized under this 
section. This notification requirement shall be waived if the EPA has 
issued a TSCA PCB R&D Approval pursuant to Secs. 761.60(e) and (i)(2), 
and Secs. 761.70(a) or (b) that contains a provision regarding the 
manufacture of PCBs.
    (3) Requests for renewal must be filed pursuant to 40 CFR 750.11. 
EPA will deem any properly filed request for the renewal of the 
exemption by any member of the class as a renewal request for the 
entire class.
*    *    *    *    *
    (g) The Administrator grants a class exemption to all processors 
and distributors (including distribution for purposes of export) of 
limited quantities of PCBs used for R&D in accordance with 
Sec. 761.30(j) provided that the following conditions are met:
    (1) All processors and distributors must maintain records of their 
PCB activities for a period of 3 years after ceasing processing and 
distribution operations. The records must include the sources of the 
PCBs, the person to whom the PCBs were shipped, and the amounts of PCBs 
received, processed, and distributed in commerce annually.
    (2) The quantity of PCBs processed or distributed annually must not 
exceed 100 grams (.22 lb). Any person or company which expects to 
process or distribute in commerce more than 100 grams (.22 lb) of PCBs 
in 1 year must request approval from the Director, Chemical Management 
Division to exceed the limitation established by this provision and 
must identify the sites of PCB activities and the quantity of PCBs to 
be processed or distributed in commerce.
    (3) The PCBs are packaged in one or more hermetically sealed 
containers of a volume of no more than 5.0 milliliters each.
    (4) The PCBs are used only for purposes of scientific 
experimentation or analysis, or chemical research on, or analysis of 
PCBs, but not for research or analysis for the development of a PCB 
product.
*    *    *    *    *
    (i) The Administrator grants a class exemption to all processors 
and distributors of limited quantities of media containing PCBs for 
research and development, provided the following conditions are met:
    (1) Notification in the form of a petition for an exemption from 
the PCB prohibitions on processing and distributing PCBs in commerce 
must be received by EPA by [insert date 60 days from the effective date 
of the final rule] or 60 days prior to engaging in these activities.
    (2) The quantity of PCBs processed or distributed annually in 
contaminated media must not exceed 100 grams by total weight of pure 
PCBs.
    (3) For a period of 3 years after ceasing processing and 
distribution operations, all processors and distributors must maintain 
records of their PCB activities that include: the sources of the PCBs, 
the persons to whom the PCBs were shipped, and the amounts of PCBs 
received, processed, and distributed in commerce annually.
    (4) All PCB materials must be distributed in DOT-authorized 
packaging.
    (5) All treated and untreated regulated material and material 
coming into contact with regulated material must be disposed of in an 
approved PCB disposal facility according to subpart D of this part.
*    *    *    *    *
    (n) The 1-year exemption granted to petitioners in paragraphs (a) 
through (c)(1), (d), (f), and (m)(1) through (m)(6) of this section 
shall be renewed automatically as long as there is no increase in the 
amount of PCBs to be processed and distributed, imported 
(manufactured), or exported, nor any change in the manner of processing 
and distributing, importing (manufacturing), or exporting of PCBs. If 
there is such a change, a new exemption petition must be submitted to 
EPA and it will be addressed through rulemaking. In such a case, the 
activities granted under the existing exemption may continue until the 
new petition is addressed by rulemaking, but must conform to the terms 
of the existing exemption approved by EPA. The 1-year exemption granted 
to petitioners in paragraphs (c)(2), (e), (h) and (m)(7) of this 
section may be extended pursuant to Sec. 750.11(e) or Sec. 750.31(e).
    (o) The 1-year class exemption granted to all processors and 
distributors of PCBs in limited quantities for use as standards in 
chemical analysis in paragraph (g) of this section shall be renewed 
automatically. The Director, Chemical Management Division may grant 
approval, without further rulemaking, to any processor and distributor 
in paragraph (g) of this section, to increase the quantities of PCBs 
that are processed or distributed in commerce pursuant to paragraph 
(g)(2) of this section.
    (p) The 1-year class exemption granted to all processors of limited 
quantities of media containing PCBs for research and development in 
paragraph (i) of this section shall be renewed pursuant to 
Sec. 750.31(e)(1). EPA will deem any properly filed request for the 
renewal of the exemption by any member of the class as a renewal 
request from the entire class. The Director, Chemical Management 
Division may grant approval, without further rulemaking, to any 
processor and distributor in paragraph (i) of this section, to increase 
the amount of PCBs processed or distributed under this exemption.


Sec. 761.125  [Amended]

    18. In Sec. 761.125, by amending paragraph (a)(1) introductory text 
to revise the phrase ``under the National Contingency Plan all spills 
involving 10 pounds or more'' to read ``under the National Contingency 
Plan all spills involving 1 pound or more''.


Sec. 761.180  [Amended]

    19. By amending Sec. 761.180 as follows:
    a. By changing the references in paragraph (e)(1) to 
``Sec. 761.60(a)(2)(iii)(A)(8) and Sec. 761.60(a)(3)(iii)(A)(8)'' to 
read ``Sec. 761.60(a)(2)(ii)(A)(8)'' and 
``Sec. 761.60(a)(3)(ii)(A)(8)'', respectively.
    b. By changing the references in paragraph (e)(2) to 
``Sec. 761.(a)(2)(iii)(A)(7) and Sec. 761.60(a)(3)(iii)(A)(7)'' to read 
``Sec. 761.60(a)(2)(ii)(A)(7)'' and ``Sec. 761.60(a)(3)(ii)(A)(7)'', 
respectively.
    c. By changing the reference in paragraph (e)(3) to 
``Sec. 761.60(a)(3)(iii)(B)(6)'' to read 
``Sec. 761.60(a)(3)(ii)(B)(6)''.
    20. Section 761.180 is further amended by adding paragraphs 
(a)(1)(iii), (a)(1)(iv), (a)(2)(ix) and paragraphs (b)(1)(iii) and 
(b)(1)(iv), and by revising paragraph (b)(3) introductory text to read 
as follows:


Sec. 761.180   Records and Monitoring.

*    *    *    *    *
    (a) * * *
    (1) * * *
    (iii) Records of inspections and cleanups performed in accordance 
with Sec.  761.65(c)(5).
    (iv) A current recorded inventory of PCBs and PCB Items in storage 
for disposal must be maintained on site at the storage unit and must be 
made available for inspection upon request by authorized 
representatives of EPA.
    (2) * * *
    (ix) Whenever a PCB Item, excluding small capacitors, with a 
concentration of 50 ppm or greater 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.
    (b) * * *
    (1) * * *
    (iii) Records of inspections and cleanups performed in accordance 
with Sec.  761.65(c)(5).
    (iv) A recorded inventory of PCBs and PCB Items currently in 
storage for disposal must be maintained on site at the unit, and must 
be made available for inspection, upon request by authorized 
representatives of EPA.
*    *    *    *    *
    (3) The owner or operator of a PCB disposal facility (including an 
owner or operator who disposes of its own waste and does not receive or 
generate manifests) or a commercial storage facility shall submit an 
annual report, that 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 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.
*    *    *    *    *
    21. In Sec. 761.205, by adding paragraph (f) to read as follows:


Sec. 761.205   Notification of PCB waste activity (EPA Form 7710-53).

*    *    *    *    *
    (f) When a facility has previously notified EPA of its PCB waste 
handling activities using EPA Form 7710-53 and those activities change, 
the facility must resubmit EPA Form 7710-53 to reflect those changes no 
later than 5 working days from when a change is made. Examples of when 
a PCB waste handler must renotify the Agency include, but are not 
limited to the following: the company stops handling PCB waste; the 
company changes location of the facility; or the company had notified 
solely as a commercial storer of PCB waste and now wishes to engage in 
another PCB waste activity (e.g., transporting PCB waste).
    22. In Sec. 761.207, by revising paragraph (j) to read as follows:


Sec. 761.207   The manifest -- general requirements.

*    *    *    *    *
    (j) The requirements of this section apply only to PCB wastes as 
defined in Sec.  761.3. This includes PCB wastes with PCB 
concentrations below 50 ppm where the PCB concentration below 50 ppm 
was the result of dilution; these PCB wastes are required under Sec.  
761.1(b) to be managed as if they contained PCB concentrations of 50 
ppm and above. An example of such a PCB waste is spill cleanup material 
containing less than 50 ppm PCBs when the spill involved material 
containing PCBs at a concentration of 50 ppm or greater. However, there 
is no manifest requirement for material currently below 50 ppm which 
derives from pre-April 18, 1978, spills of any concentration, pre-July 
2, 1979, spills of less than 500 ppm PCBs, or materials decontaminated 
in accordance Sec. 761.20(c)(5) of this part.
    23. In Sec. 761.215, by revising the introductory text of 
paragraphs (b), (c), and (d) as follows:


Sec. 761.215   Exception Reporting.

*    *    *    *    *
    (b) A generator or other persons subject to the manifesting 
requirements of PCB waste shall submit an Exception Report to the 
Regional Administrator for the Region in which the generator is located 
if the generator has not received a copy of the manifest with the hand 
written signature of the owner or operator of the designated facility 
within 45 days of the date the waste was accepted by the initial 
transporter. The exception report shall be submitted to EPA no later 
than 30 days from the date on which the generator should have received 
the manifest. The Exception Report shall include the following:
*    *    *    *    *
    (c) A disposer of PCB waste shall submit a One-year Exception 
Report to the Regional Administrator for the Region in which the 
disposal facility is located no later than 30 days from the date the 
following occurs:
*    *    *    *    *
    (d) The generator of PCB waste who manifests PCBs or PCB Items to a 
disposer of PCB waste shall submit a One-year Exception Report to the 
Regional Administrator for the Region in which the generator is located 
no later than 30 days from the date the following occurs:
*    *    *    *    *
    24. By adding Appendices I, II and III to the end of part 761 to 
read as follows:

 APPENDIX I. -- Sample Site Selection, Sampling, and Analysis of 
Standard PCB Wipe Samples Taken for Purposes of Determining a PCB 
Concentration for Abandonment and Disposal of Natural Gas Pipeline

     1.0 Applicability and Scope
    1.1 These procedures apply to the selection of wipe sampling 
sites for natural gas pipe to be abandoned in place or disposed of 
off-site according to Sec. 761.60(b)(5).
    1.2 Pipe or pipe segments always refers to natural gas pipe or 
segments of natural gas pipe.
    1.3 Wipe sampling shall only be done when there are no free 
flowing liquids present.
     2.0 Definition of Standard Wipe Sample
    2.1 A standard wipe test is defined in Sec. 761.123. A standard 
wipe sample is generated for chemical analysis using the standard 
wipe test. The minimum surface area to be sampled shall be 100 
square centimeters.
    2.2 Guidance for wipe sampling appears in the document entitled 
``Wipe Sampling and Double Wash/Rinse Cleanup as Recommended by the 
Environmental Protection Agency PCB Spill Cleanup Policy,'' 
available from the TSCA Assistance Information Service, Enviromental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
     3.0 Sample Site Selection
    3.1 There are three site selection parameters: position around 
the circumference of a selected pipe segment or pipe, position along 
the length of a selected pipe segment or pipe, and selection of a 
pipe segment from a length of pipe or population (group) of pipe 
segments.
    3.2 Position around the circumference of a pipe segment or pipe.
    3.2.1 When pipe or a pipe segment is accessed for sampling, the 
pipe shall be marked to identify the location of the bottom of the 
pipe or pipe segment when the natural gas pipeline was in service.
    3.2.2 The inside center of the bottom of a pipe or pipe segment 
shall be sampled. The sample shall be centered on the bottom of the 
pipe, that is, the sample shall encompass an equal area on both 
sides of the middle of the bottom of the pipe for the entire length 
of the sample.
    3.3 Position along the length of the pipe or pipe segment
    3.3.1 The sample shall be taken 15 centimeters (6 inches) inside 
the end of a pipe or pipe segment at the bottom of the pipe or pipe 
segment as determined in procedure 3.2 of this appendix.
    3.3.2 If the sample site location selected in procedure 3.3.1 of 
this appendix is a porous surface (for example, there is significant 
corrosion so as to shred the wipe material), then the sample site 
shall be moved inward (away from the end of the pipe or pipe 
segment) until there is no such porous surface.
    3.3.3 There are three options in the event that there is no non-
porous surface accessible by procedure 3.3.1 or 3.3.2 of this 
appendix.
    3.3.3.1 The sample for that pipe or pipe segment shall only be 
taken at one end and a written notation documented in the sampling 
and analysis records as to why only one sample was taken.
    3.3.3.2 Select another pipe segment using the random selection 
procedure in 3.4.2 of this appendix, or
    3.3.3.3 In the event that there is no other pipe or pipeline in 
the population to be sampled and both ends of a pipe have porous 
surfaces at all possible sample collection sites, then the pipe 
segment or pipe shall be assumed to contain greater than 50 but less 
than 500 ppm PCBs.
    3.4 Selection of a pipe segment from a length of pipe or 
population (group) of pipe segments.
    3.4.1 For purposes of wipe sampling pipe segments, the segments 
shall not exceed 12.1 meters (40 feet) in length. In the event that 
a segment is longer than 12.1 meters in length, the segment shall be 
cut so that all resulting segments are 12.1 meters or less in 
length.
    3.4.2 Pipe segments removed from the ground for disposal shall 
be sampled at each end.
    3.4.2.1 When a length of pipe having seven or fewer segments is 
removed for purposes of disposal, samples shall be taken at each end 
of each segment removed.
    3.4.2.2 When a length of pipe having multiple contiguous 
segments less than 3 miles in total length is removed for purposes 
of disposal, samples shall be taken at each end of the first and 
last segments removed and each end of five randomly chosen segments 
in between. A total of seven segments shall be sampled.
    3.4.2.3 When a length of pipe having multiple contiguous 
segments more than 3 miles in total length is removed for purposes 
of disposal, samples shall be taken at each end of the first segment 
and each end of each segment that is one-half mile distant from the 
segment previously sampled. A minimum of seven segments shall be 
sampled.
    3.4.3 Sampling of Pipe to Be Abandoned in Place
    3.4.3.1 Procedures in Sec. 761.60(b)(5)(iii)(B) shall be 
followed first to assure the absence of free flowing liquids.
    3.4.3.2 Both ends of all pipe to be abandoned in place are to be 
sampled, samples shall be taken at each end of each pipe.
    3.4.3.3 For abandonment of pipe exceeding 50 miles but less than 
100 miles in length, an additional sample at the midpoint shall be 
taken. Sampling the midpoint sample may be taken by removing all 
covering soil and cutting the pipe to gain access to the sampling 
location in lieu of removing a segment of pipe.
    3.4.3.4 For abandonment of pipe exceeding 100 miles in length, 
both ends and a point every 50 miles from the downstream (of the 
direction of the former gas flow) shall be sampled. Internal samples 
may be collected by removing any covering soil and cutting the pipe 
to gain access to the sampling location in lieu of removing segments 
of pipe.
     4.0 Chemical Analysis
    4.1 Sample Extraction and Chemical Analysis Procedures. Section 
761.60(g) provides guidance on chemical analysis procedures. 
Extraction and cleanup of the extract shall be in accordance with 
applicable extraction and cleanup procedures for the analysis of PCB 
soil samples in 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 No. Capitol St., NW., 
Washington, DC 20401, telephone: (202) 783-3238).
    4.2 Reporting the PCB Concentrations in Samples. All sample 
concentrations shall be reported on the basis of micrograms of PCBs 
per 100 square centimeter of surface sampled.
    5.0 Determining the Regulatory Status of Sampled Pipe
    5.1 For purposes of disposal:
    5.1.1 The analytical results of both samples from each segment 
sampled shall be averaged to determine the level of contamination in 
that segment. This average will be referred to as an averaged sample 
result.
    5.1.2 If the averaged sample result, from any segment sampled 
from a removal population is greater than 10 micrograms PCB/100 
square centimeters then that segment is considered contaminated with 
PCBs.
    5.1.3 From a multiple contiguous segment removal project, all 
unsampled segments in the removal project are presumed contaminated 
with PCBs at the same PCB concentration as was found in the segment 
having the highest averaged sample PCB concentration.
    5.2 For purposes of abandonment:
    5.2.1 The entire pipe to be abandoned shall be presumed to have 
the same concentration as the highest measured average sample 
result.

 APPENDIX II -- Sampling to Verify Completion of Self-Implementing 
Disposal of PCB Remediation Waste.

     1.0 Application and Scope
    1.0 The following is required when sampling to verify completion 
of the cleanup for self-implementing disposal of PCB remediation 
waste.
     2.0 Minimum Number of Samples
    2.0 Regardless of the amount of each type of PCB remediation 
waste present at a PCB remediation site, a minimum of samples shall 
be taken.
    2.1 For each type of PCB remediation waste present at the 
remediation site and at each separate site within a facility, a 
minimum of three samples shall be taken.
    2.2 For each sample, the PCB concentration shall be measured, 
recorded and kept on file.
    2.3 This is an example of a minimum number of samples 
calculation at a PCB remediation waste location.
    There are three distinct, sites at the location: a loading dock, 
a transformer storage lot, and a disposal pit. The minimum number of 
samples appears after each type of waste for each site. The PCB 
remediation wastes present at the loading dock are concrete (3), and 
clay soil (3). The PCB remediation wastes present at the transformer 
storage lot are oily soil (3), clay soil (3), and gravel (3). The 
PCB remediation wastes present at the disposal pit are sandy soil 
(3), clay soil (3), oily soil (3), industrial sludge (3), sludge 
aqueous decantate (3) and gravel (3). For purposes of the self-
implementing cleanup and disposal of these PCB remediation wastes, 
the minimum total number of samples needed to verify cleanup at this 
entire site as described is procedure 3.0 of this appendix.
     3.0 Materials to be Sampled at a Site
    3.0 Samples shall be collected of bulk materials and on the 
surface of all areas which contacted PCBs or PCB materials and which 
were removed for purposes of disposal during the remediation.
     4.0 Determination of Sample Collection Locations 
    4.0 Once remediation is assumed to be complete, the following 
procedure shall be used.
    4.1 Sample collection locations shall be based on a hexagonal 
grid system similar to the one employed in the document ``Field 
Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup'' 
(EPA-560/5-86-017), except that the interval between adjacent 
sampling points shall be 1 meter. Copies of the grid sampling manual 
may be obtained from the TSCA Hotline by calling (202) 554-1404.
    4.2 There is no upper limit to the number of samples required or 
allowed.
    4.3 In the event that a site is sufficiently small or oddly 
configured that a hexagonal grid with the grid interval of one meter 
will not place the minimum of three sampling points in the site, 
then sampling coordinates shall be selected based on the following 
random sampling scheme.
    4.3.1 There shall be no sample compositing for this kind of 
small site and oddly configured sites.
    4.3.2 Designate the length and width of the area as the two axes 
of a two-dimensional Cartesian coordinate grid system.
    4.3.3 The grid system is to be oriented so that its origin is 
nearest to the lower left corner of the area to be sampled. When 
this Cartesian system is oriented this way, the entire area falls 
into the first (upper right or positive on both axes) quadrant of 
the grid.
    4.3.4 Measure the length of each axis (length and width) in 
centimeters (or inches).
    4.3.5 Select an eligible set of two coordinates in centimeters 
(or inches) from a random number table or random number generator 
for each of the minimum of three samples to be taken. Eligible means 
that the point defined by the selected coordinates falls in the area 
cleaned up.
    4.3.6 A third coordinate is not necessary. Samples shall be 
taken on the surface of the location left after cleanup has been 
completed.
     5.0 Collection of Samples
    5.0 Sample collection procedures differ for surfaces and bulk 
PCB remediation wastes.
    5.1 Flat non-porous surfaces shall be wipe sampled at the 
selected grid point. Individual surface samples shall be no smaller 
than 100 square centimeters.
    5.2 Sampling of Bulk PCB Remediation Wastes
    5.2.1 At each sampling grid point, core samples shall be 
collected from at least one and no more than four different 
locations surrounding each grid point.
    5.2.2 Each core sample around the grid point shall be no closer 
than 10 centimeters (4 inches) and no farther than forty centimeters 
(16 inches) from the grid point.
    5.2.2.1 If more than one core sample is taken at a grid point, 
all of these samples shall be composited (see procedure 6.0 of this 
appendix) and mixed thoroughly into a single sample representing the 
grid point.
    5.2.2.2 Core sampling for bulk PCB remediation waste having 
particle size diameter of less than or equal to one centimeter.
    5.2.2.2.1 Each sample shall be collected using a 2.5 centimeter 
(1 inch) or 2 centimeter diameter core sampler.
    5.2.2.2.2 Each core sample shall be taken to a depth of 2.5 
centimeters below the surface
    5.2.2.3 Core sampling for bulk PCB remediation waste having 
particle size diameter of greater than one centimeter.
    5.2.2.3.1 Each core sample shall be taken by a core having a 
diameter no less than two and a half times the diameter of the 
average particle in the material.
    5.2.2.3.2 The depth of the core sample shall be two and a half 
times the estimated average diameter of the particles in the waste.
    5.3 Sampling of Porous Surfaces
    5.3.1 Porous surfaces such as asphalt, wood, and concrete, shall 
be core sampled as for bulk PCB remediation waste having a particle 
size diameter of less than one centimeter (see procedure 5.2.2.2 of 
this appendix).
     6.0 Compositing Samples
    6.1 When compositing, all individual samples added to compose a 
composite sample shall be the same weight.
    6.2 All chemical analyses for PCBs in composite samples shall be 
by means of a gas chromatography with electron capture detector (GC/
EC) method such as EPA SW-846 Method 8080.
    6.3 Compositing bulk PCB remediation waste samples from more 
than one grid point. Bulk PCB remediation waste samples from one 
grid may be composited so long as the PCB concentration of interest 
(the clean/not clean level) is divided by the number of samples in 
the composite. The resulting quotient shall be called the 
``composite action level.'' The composite action level eliminates 
the possibility that any one sample in the composite is above the 
PCB concentration of interest.
    6.3.1 If the concentration from the analysis of the composite 
exceeds the ``composite action level,'' then it shall be assumed 
that at least one sample in the composite exceeds the PCB 
concentration of interest.
    6.3.1.1 For example, for bulk PCB remediation waste samples, if 
the concentration of interest is 50 ppm and then ten samples are 
composited and analyzed, then the ``composite action level'' is 5 
ppm. If the chemical analysis results indicates less than 5 ppm, 
there are no samples having a concentration greater than 50 ppm (the 
PCB concentration of interest). If the chemical analysis is 5 ppm or 
greater then there may be at least one sample in the composite 
having a concentration exceeding the concentration of interest and 
further sampling and or compositing is necessary to demonstrate that 
no sample exceeds the concentration of interest.
    6.3.2 If the concentration from the analysis of the composite is 
less than the ``composite action level,'' then it shall be assumed 
that none of the individual samples in the composite exceeds the PCB 
concentration of interest.
    6.4 Compositing wipe samples from non-porous samples from more 
than one grid point. When accounting for dilution from compositing 
wipe samples, it is not necessary to use samples wiped from the same 
total surface area so long as the ``composite action level'' (see 
procedure 6.1 of this appendix) assumes the smallest surface area 
from any of the wipe samples composited. This difference from bulk 
remediation waste sample compositing is the result of the PCB amount 
reported being a weight rather than a concentration.
    6.4.1 For example, if the PCB concentration of interest is 
10 g/100 cm2 and the sample gauze from 
three wipe samples each of an area of 200 cm2 are composited 
with one sample of 100 cm2. If the report for this composite 
showed greater than 10 g, it shall be assumed that at least 
one of the wipe samples exceeded the PCB concentration of interest 
because the smallest area in the samples composited was 100 
cm2.
    7.0 Reporting the PCB Concentrations in Samples 
    All sample concentrations are to be reported on the basis of 
micrograms of PCBs per gram of dry bulk PCB remediation waste (and 
porous surfaces) and on a micrograms of PCBs per 100 square 
centimeter basis for non-porous surfaces.
     8.0 Decisions Based on Sample Concentration Resulting from this 
Sampling Scheme 
    8.1 If, for the sampled type of waste at a designated site, any 
grid point sample PCB concentration exceeds the concentration of 
interest or the PCB concentration of a composite sample exceeds the 
composite action level, then the type of waste at the site has not 
been successfully cleaned up and, for purposes of self-implementing 
disposal, further cleanup is required.
    8.2 In the event that further cleanup is required in paragraph 
8.0 of this appendix, all of the type of waste at a particular site 
at a facility (or any portion of the site) may be recleaned.
    8.3 Following the recleaning, the procedure to verify the 
completeness of the cleanup shall be reinitiated (starting at 
paragraph 4.0 of this appendix) to determine whether the 
requirements have been met. This ``reverification'' shall include 
that the verification sampling grid be reoriented and all of the 
type of waste at a particular site at the facility shall be 
resampled as required in paragraph 4.0-7.0 above. Cleaning a portion 
of the site and sampling only the portion which was recleaned does 
not comply with these self-implementing PCB remediation waste 
cleanup requirements.
    For example, assume that random samples were collected to verify 
a site remediation under Sec. 761.61(a) and one of the samples of 
seven taken in a grid sampling plot had a concentration above the 
PCB concentration of concern. The site represented by the seven grid 
samples may be recleaned only in the area surrounding that one 
sample. However, following recleaning, the entire site must be 
resampled using a new set of seven grid samples, collected from a 
reoriented grid, to verify that the cleanup resulted in no PCBs in 
any of the seven grid samples above the PCB concentration of 
concern. This sampling procedure does not allow only resampling the 
areas which were recleaned. Nor does this sampling procedure allow 
using the arithmetic mean or any other statistical evaluation of the 
results from several samples to arrive at an overall ``average'' 
site concentration.

APPENDIX III. -- Sampling Non-Liquid, Non-Metal Non-Remediation 
Waste Generated by Processing Materials Containing Recyclable 
Metals

    1.0 Defining and Characterizing a Single Feed Source Population 
    1.1 A single feed source includes, but is not limited to 
automobiles, a mixture of a fixed ratio of automobiles plus white 
goods, white goods, and wire cable from a single source such as a 
ship.
    1.2 Once a population of processed PCB non-remediation waste 
from a single feed source is characterized it is not necessary to 
recharacterize PCB non-remediation waste from that feed source so 
long as there are no changes in the feed source which are expected 
to change the PCB content in that feed source.
     2.0 Accumulate the Population to Be Sampled 
    2.1 Accumulate all PCB non-remediation waste generated from a 
single source in one location in a container, a pile or piles.
    2.2 When all PCB non-remediation waste from a single source 
cannot be processed in a day, all source PCB non-remediation waste 
for one day of full-time, full-scale processing shall be accumulated 
in a discrete, container, several containers, or identifiable pile 
(or piles).
    3.0 Number of Samples and Size of Samples and Sub-Samples 
    3.1 To characterize a population of non-liquid PCB non-
remediation waste accumulated in a pile or piles, it is necessary to 
collect seven approximately 100 milliliter (just less than 0.5 cup 
or approximately 100 grams) subsamples. These seven sub-samples 
shall be composited into one sample in a covered wide-mouth one 
liter (one quart) jar.
    3.2 Pieces of PCB non-remediation waste larger than half of the 
sub-sample size (approximately 50 milliliters, 50 grams, or 0.25 
cup) shall be excluded from a sub-sample.
    4.0 Sample Site Selection and Sub-Sample/Sample Collection 
    4.1 Selection of the Piles from which Sub-Samples Will Be 
Collected
    4.1.1 If the processed PCB non-remediation waste from a single 
source consists of more than one pile or container, each pile or 
container shall be assigned an integer number and then seven random 
integer numbers shall be generated to select piles (from which sub-
samples shall be collected) from the population of all piles. It is 
possible that this random selection procedure will result in 
selecting the same pile number more than once, even if seven or more 
piles are present.
    4.1.2 If only one pile or container is present, all seven 
samples shall be taken from the same pile.
    4.2 Collecting Sub-Samples from Flattened Piles or Containers
    If possible, spread the pile(s) out to a uniform thickness of 
approximately 1 foot (or 30 centimeters [cm]) into a rectangular or 
a circular shape.
    4.2.1 For a circular shape flattened pile or cylindrical 
container:
    4.2.1.1 Use the procedures in the PCB Spill Cleanup manual (a 
triangular/hexagonal grid system) to select the seven surface points 
for each composite sample for each flattened pile or container.
    4.2.1.2 Measure the depth of the pile at each sampling point in 
inches or centimeters. Randomly select a number of inches or 
centimeters down from the surface using a random number generator. 
Then collect a 50 gram sample at the selected depth.
    4.2.1.3 Composite the seven 50 gram samples collected from the 
seven sampling locations into a single sample for analysis.
    4.2.2 For a rectangular shape flattened pile or boxshaped 
container there are two options a random coordinate option 
(procedure 4.2.2.1 of this appendix) and a grid option (procedure 
4.2.2.2 of this appendix):
    4.2.2.1 Designate the length, width, and depth of the flattened 
pile or container as three axes of a three dimensional Cartesian 
coordinate grid system.
    4.2.2.1.1 Measure the length of each axis (length, width, and 
depth) in centimeters (or inches). Using a random number generator, 
select an eligible set of three coordinates in centimeters (or 
inches) for each of seven sub-samples to be taken.
    4.2.2.1.2 Collect each sub-sample at the location selected and 
composite the sub-samples into a single sample for analysis.
    4.2.2.2 Use the grid sampling procedure in the Field Manual 
which is part of the ``Sampling Guidance for Scrap Metal 
Shredders.'' Briefly described, this procedure divides the length 
and width of a flattened pile into three equal segments, 
intersection of the length segments with the width segments results 
in a 3  x  3 grid or nine cells. The length and width shall be 
chosen to be perpendicular. Samples shall be collected at the center 
of each cell on the surface.
    4.3 Collecting Sub-samples from Unflattened Piles
    If the pile is too large to be spread on the site to a uniform 
thickness of 1 foot or 30 centimeters, or there are too many piles 
to spread out in the working area, the following procedure can be 
used to sample the piles. This procedure assumes that the shape of 
the piles is roughly conical; that is, having a circular base with 
PCB non-remediation waste stacked up uniformly to a peak which is 
roughly a point centered above the center of the circular base. For 
each sub-sample, three sample site coordinates will be selected.
    4.3.1 Setting Up the Sample Site Selection System
    4.3.1.1 Use a rod, dowel, stake, or broom handle as a marker.
    4.3.1.1.1 Nail or otherwise fasten to the top of the marker a 
piece of string or cord of sufficient length and strength to reach 
from the top of the marker to the farthest peripheral edge of the 
pile.
    4.3.1.1.2 Pound or push the marker into the top center (apex) of 
the pile downward toward the center of the base at least 30 
centimeters or one foot until the marker is rigidly standing on its 
own, even when the cord is pulled tight to the bottom of the pile. 
The marker shall protrude from the top of the pile sufficiently to 
allow easy movement around the pile with the tightened string. A 
side view of a pile with a marker and string is illustrated below.
    4.3.2 Select the first coordinate as follows:
    4.3.2.1 Use a random number to generate a number between 0 and 
360. The number generated is the number of degrees from magnetic 
north.
    4.3.2.2 In a pile containing a lot of ferrous metal, the ferrous 
metal may have sufficient magnetism to deflect the compass needle. 
Confirm the magnetic north direction at a location distant from a 
pile of metal before assuming that the compass is not effected by 
local magnetism. In the event that the compass needle is deflected 
by the material to be sampled, this sampling procedure shall not be 
used and the material to be sampled shall then be flattened. Once 
the material is flattened, the sampling procedures in procedure 4.2 
of this Appendix shall be used.
    4.3.2.3 Use a magnetic compass to determine this direction on 
the pile as follows:
    4.3.2.3.1 Pull the cord to the bottom of the pile.
    4.3.2.3.2 Orient the compass so that the needle is pointing to 
magnetic north (At this point it may be helpful to sketch a picture 
of the top view of the pile oriented to magnetic north and draw a 
line from the center of the pile outward in the direction of the 
selected coordinate. (This drawing can be used to locate the 
approximate coordinate in the next step and may be used to document 
the sampling location.).
    4.3.2.3.3 With the cord slightly slack, hold the cord and walk 
around the outside edge of the pile to be sampled until the 
approximate coordinate is reached.
    4.3.2.3.4 Tighten the cord and place the compass directly under 
the tightened cord at the bottom edge of the pile.
    4.3.2.3.5 Move around the outside of the pile with the cord 
laying over the center of the compass and with the needle pointing 
to magnetic north and stop when the cord lies over the selected 
coordinate direction on the compass.
    4.3.2.4 Mark this first coordinate by tying the cord to a peg or 
placing it under a heavy weight.
    4.3.2.5 An illustration of the orientation of a magnetic compass 
and the cord with respect to a pile appears below
    4.3.3 Select the second coordinate as follows:
    4.3.3.1 Once the first coordinate has been fixed, along the 
first coordinate (the cord), measure the distance in centimeters (or 
inches) from the bottom edge of the pile to the point where the 
marker meets the top of the pile.
    4.3.3.2 Select a random number between 0 and the total number of 
centimeters (inches) measured in paragraph 4.3.3.1 of this appendix.
    4.3.3.3 Proceed up the cord, from the bottom of the pile to the 
top, the selected number of centimeters (inches).
    4.3.3.4 Pound or push a marker rod, dowel or broom handle down 
into the pile until the marker is secure to mark the second 
coordinate point.
    4.3.4 Select the third (final) coordinate as follows:
    4.3.4.1 Measure or estimate the vertical distance in centimeters 
(or inches) from the surface of the pile at the second coordinate 
marker to the bottom of the pile or ground level. This distance will 
be referred to as ``vertical distance.''
    4.3.4.2 Select a random number between 0 and the total number of 
centimeters (inches) of vertical distance.
    4.3.4.3 Dig a hole straight down into the pile the selected 
number of centimeters (inches) from the surface of the pile. The 
hole shall be of sufficient distance from the second coordinate 
marker so as to allow the marker to remain in place.
    4.3.4.4 Slowly dig over to expose the second coordinate marker 
and collect the sub-sample on any side of this marker at the depth 
selected in paragraph 4.3.4.2 of this appendix.
    4.3.4.5 In the event that the measurement or estimate of the 
distance to the bottom of the pile or the ground level was too large 
and the selected depth is below the bottom of the pile, reselect a 
random number as indicated in paragraph 4.3.4.2 of this appendix 
using the vertical distance determined by digging as indicated in 
paragraph 4.3.4.3 of this appendix.

[FR Doc. 94-29568 Filed 11-30-94; 3:41 pm]
BILLING CODE 6560-50-F