[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Rules and Regulations]
[Pages 33755-33762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16098]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[OPPTS-66009E; FRL-6072-4]
RIN 2070-AC01


Technical and Procedural Amendments to TSCA Regulations--Disposal 
of Polychlorinated Biphenyls (PCBs)

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical and procedural amendments.

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SUMMARY: The Environmental Protection Agency published in the Federal 
Register of June 29, 1998 a document amending the regulations affecting 
disposal of polychlorinated biphenyls (PCBs). EPA has identified 
several technical errors in that document. This rule corrects those 
errors. In addition, this rule establishes procedures for requesting an 
approval for risk-based sampling, cleanup, storage, or disposal of PCB 
remediation waste, and for risk-based decontamination or sampling of 
decontaminated material, where those activities occur in more than one 
EPA Region.
DATES: This rule is effective June 24, 1999. In accordance with 40 CFR 
23.5, this rule is promulgated for purposes of judicial review at 1 
p.m. eastern standard time on July 8, 1999.
FOR FURTHER INFORMATION CONTACT:  Christine Augustiniak, Acting 
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) 544-0551, e-
mail: TSCA-H[email protected].
    For technical information contact: Julie Simpson, Attorney Advisor, 
National Program Chemicals Division (7404), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., 
Washington DC 20460; telephone number: 202-260-7873; fax number: 202-
260-1724; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:

I. Important Information

A. Does this Notice Apply to You?

     You may be affected by this notice if you manufacture, process, 
distribute in commerce, use, or dispose of PCBs or materials containing 
PCBs. Regulated categories and entities may include, but are not 
limited to:

[[Page 33756]]



------------------------------------------------------------------------
                                                Examples of Regulated
                 Category                             Entities
------------------------------------------------------------------------
Industry..................................   Chemical manufacturers
                                            Electro-industry
                                             manufacturers
                                            End-users of electricity
                                            PCB waste handlers (such as
                                             storage facilities,
                                             landfills, and
                                             incinerators)
                                            Waste transporters
                                            General contractors
Utilities and rural electric cooperatives.  Electric power and light
                                             companies
Individuals, Federal, State, and municipal  Individuals or agencies
 governments.                                which own, manufacture,
                                             process, distribute in
                                             commerce, use, or dispose
                                             of PCBs
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed in this table could also be 
regulated. To determine whether you or your business is regulated by 
this action, you should carefully examine the applicability criteria in 
40 CFR Part 761. If you have any questions regarding the applicability 
of this action to a particular entity, consult the person listed in the 
``FOR FURTHER INFORMATION CONTACT'' section.

B. How Can I Get Additional Information or Copies of Support Documents?

     1. Electronically. You may obtain electronic copies of this 
document and various support documents from the EPA Home page at the 
Federal Register - Environmental Documents entry for this document 
under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).
    2. In person. The official record for this notice, as well as the 
public version, has been established under docket control number 
[OPPTS-66009], (including any comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of any electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection in Rm. G-099, Waterside Mall, 401 M St., SW., Washington, 
DC.

C. How and to Whom Do I Submit Comments?

     This rule promulgates technical and procedural amendments to the 
PCB Disposal Amendments. EPA is not soliciting comments.

II. Authority

     This action is issued under the authority of sections 6(e)(1) and 
6(e)(2)(B) of TSCA. Section 6(e)(1)(A) gives EPA the authority to 
promulgate rules regarding 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 use of PCBs in 
other than a totally enclosed manner based on a finding of no 
unreasonable risk of injury to health or the environment (15 U.S.C. 
2605(e)(2)(B)).

III. Background

     The PCB Disposal Amendments published on June 29, 1998 (63 FR 
35384)(FRL-5726-1), promulgated significant amendments to 40 CFR part 
761 affecting the use, manufacture, processing, distribution in 
commerce, and disposal of PCBs. Among other things, the Disposal 
Amendments authorized additional uses of PCBs, provided new 
alternatives for the cleanup and disposal of PCBs, established 
standards and procedures for decontaminating materials contaminated 
with PCBs, and created a mechanism for recognizing, under TSCA, other 
Federal or State waste management permits or approvals for PCBs.
     A number of technical errors occurred in publishing the Disposal 
Amendments. These errors included typographical errors resulting in 
incorrect characters, numbers, and units of measurement; incorrect 
cross-references to the codified text; editing errors resulting in 
differences between the preamble provisions and the codified text of 
the rule; and errors in transcribing the final version of the rule for 
publication. This rule corrects those errors.
     This rule also corrects several instances of incorrect use of the 
term ``industrial furnace''. The proposed Disposal Amendments, 59 FR 
62788 (December 6, 1994), included provisions for disposal of certain 
types of PCB waste in combustion facilities, termed ``industrial 
furnaces'', that complied with specified operating parameters and 
conditions. (See 59 FR 62803.) Commenters expressed confusion over 
EPA's use of the term ``industrial furnace'', since the proposed 
operating conditions and parameters were not identical to those 
applicable to an ``industrial furnace'' as defined in the regulations 
at 40 CFR 260.10 that implement the Resource Conservation and Recovery 
Act (40 U.S.C. 6901 et seq.). In Sec. 761.72 of the final rule, EPA 
changed the term ``industrial furnace'' to ``scrap metal recovery 
oven'' or ``smelter''. (See 63 FR 35402.) Both the preamble and the 
codified text, however, incorrectly retain several references to the 
term ``industrial furnace''.
     In addition, this rule establishes a procedure for requesting an 
approval for risk-based sampling, cleanup, storage, or disposal of PCB 
remediation waste under Sec. 761.61(c), and for risk-based 
decontamination or sampling of decontaminated material under 
Sec. 761.79(h), where those activities occur in more than one EPA 
Region. Those sections of the Disposal Amendments now require a person 
wishing to engage in those activities to apply for and receive an 
approval from the EPA Regional Administrator. This rule amends those 
sections to provide that requests for approval of these activities 
should be submitted to the EPA Regional Administrator for activity 
occurring in a single EPA Region, and to the Director, National Program 
Chemicals Division, for activities occurring in more than one EPA 
Region.
     Under section 553(b) of the Administrative Procedure Act (APA), 5 
U.S.C. 553(b), the requirements to publish a notice of proposed 
rulemaking and to offer an opportunity for public comment do not apply 
to rules of agency organization, procedure, or practice, or to rules as 
to which the agency for good cause finds that notice and public 
procedure are impracticable, unnecessary, or contrary to the public 
interest. EPA finds that the technical corrections and amendments 
included in this rule are minor, routine clarifications that will not 
have a significant effect on industry or the public, and that prior 
notice and opportunity for public comment are therefore unnecessary. 
Similarly, EPA is promulgating the procedural changes in this rule 
without notice or opportunity for public comment as provided for in 
section 553(b) of the APA.

A. Technical Corrections to the Preamble

     Below are listed errors in the preamble to the Disposal 
Amendments, with reference to the page and column of the Federal 
Register in which they occurred, and the correct text.
     1. On page 35388, a word was inadvertently omitted. In the fourth 
sentence of the first full paragraph of the first column, the phrase 
``and a non-aqueous phase containing 60 ppm''

[[Page 33757]]

should read, ``and a non-aqueous liquid phase containing 60 ppm''.
     2. Page 35390 contains an incorrect character. In the first 
sentence of the third full paragraph of the second column, the phrase, 
``for non-porous surfaces in contact with liquid PCBs destined for 
smelting,  100 g PCBs/100 cm2'', should 
read, ``for non-porous surfaces in contact with liquid PCBs destined 
for smelting, <100 g PCBs/100 cm2''.
     3. Page 35390 refers to different units of measurement than are 
used in the corresponding regulatory text at Sec. 761.79(b)(2). In the 
first partial paragraph of the third column, the phrase, ``for organic 
and non-aqueous inorganic liquids,  2 mg PCBs/L'', should 
read, ``for organic and non-aqueous inorganic liquids,  2 mg 
PCBs/kg''; the phrase, ``The codified text uses ppm or milligrams per 
liter (mg/L) for concentration measurements of non-aqueous liquids'', 
should read, ``The codified text uses ppm or milligrams per kilogram 
(mg/kg) for concentration measurements of non-aqueous liquids''.
     4. Page 35390 contains an incorrect citation. In the fifth 
sentence of the first full paragraph of the third column, 
``Sec. 761.79(g)(2)'' should read ``Sec. 761.79(g)(3)''.
     5. EPA has been informed of a new address for the American Society 
for Testing and Materials. On page 35391, in the second sentence of the 
third full paragraph of the third column, ``Philadelphia, PA'' should 
read ``West Conshohocken, PA''.
     6. Page 35392 contains an incorrect citation. In the last 
paragraph of the first column, ``40 CFR 261.10'' should read ``40 CFR 
260.10''.
     7. Page 35392 contains an incorrect reference to industrial 
furnaces. In the last paragraph of the first column, ``industrial 
furnace'' should read ``scrap metal recovery oven or smelter''.
     8. Page 35396 contains an incorrect citation. In the last sentence 
of the second full paragraph of the first column, ``Sec. 761.30(t)'' 
should read ``Sec. 761.30(s)''.
     9. Page 35396 contains an editing error. The last sentence of the 
first full paragraph of the second column incorrectly states that the 
definition of ``natural gas pipeline system'' in Sec. 761.3 excludes 
end users. This sentence should read, ``As noted above, because end 
users are not sellers or distributors of natural gas, they are not 
subject to the requirements of Sec. 761.30(i).''
     10. Page 35403 contains incorrect references to industrial 
furnaces. In the third sentence of the first partial paragraph of the 
first column, and in the first sentence of the first full paragraph of 
the second column, ``an industrial furnace'' should read ``a scrap 
metal recovery oven or smelter''.
     11. Page 35404 contains an editing error. The sixth sentence of 
the second full paragraph of the third column should read, ``Collect 
condensate within 72 hours of the final transmission of natural gas 
through the part of the system to be abandoned or removed. Collect wipe 
samples after the last transmission of gas through the pipe or during 
removal from the location it was used to transport natural gas.''
     12. Page 35405 contains an incorrect reference to industrial 
furnaces. In the second sentence of the fourth full paragraph of the 
first column, ``an industrial furnace'' should read ``a smelter''.
     13. Page 35405 contains an incorrect citation. In the last 
sentence of the last partial paragraph of the second column, 
``Sec. 761.60(b)(6)(iv)'' should read ``Sec. 761.60(b)(8)''.
     14. Page 35409 contains an editing error. In the first sentence of 
the first full paragraph in the first column, delete the word ``in-
situ''.
     15. Page 35409 contains an incorrect citation. In the second 
paragraph of the second column, ``(see Sec. 761.61(a)(5)(i)(B)(3)(iv) 
of the regulatory text)'' should read ``(see 
Sec. 761.61(a)(5)(i)(B)(2)(iv) of the regulatory text)''.
     16. On page 35409, a citation was inadvertently omitted. In the 
second paragraph of the second column, the last sentence should read, 
``In addition, the subpart J recordkeeping requirements and the subpart 
K notification and manifesting requirements do not apply to off-site 
disposal of PCB remediation waste at < 50 ppm.''
     17. Page 35410 contains an incorrect citation. In the fourth 
sentence of the third full paragraph of the third column, 
``Sec. 761.65(c)(10)'' should read ``Sec. 761.65(c)(9)''.
     18. Page 35411 contains an incorrect citation. In the last partial 
paragraph of the first column, ``(see Sec. 761.62(b)(1)(iii))'' should 
read ``(see Sec. 761.62(b)(1)(ii))''.
     19. On page 35411 a citation was inadvertently omitted. The second 
full paragraph of the third column should read, ``Also, part 761, 
subparts C, J and K, do not apply to PCB bulk product waste disposed of 
under Sec. 761.62(b).''
     20. Page 35412 contains incorrect references. In the second and 
third full paragraphs of the first column, ``subpart O'' should read 
``subpart R''.
     21. On page 35413, a spelling error occurs. In the second sentence 
of the second full paragraph of the first column, ``(e.g., chopping, 
stripping insulation, and scrapping)'' should read ``(e.g., chopping, 
stripping insulation, and scraping)''.
     22. As a technical clarification, on page 35413, after the third 
sentence in the first full paragraph of the third column, add, ``EPA 
also changed the term `industrial furnaces', used in the proposed rule, 
to `scrap metal recovery ovens and smelters'.''
     23. On page 35414, the preamble makes a statement that is 
inconsistent with the corresponding regulatory text. In the last 
partial paragraph of the second column, the last three sentences should 
be replaced with the following: ``Since RCRA interim status facilities 
have financial assurance and are subject to corrective action, 
Sec. 761.65(b)(2) allows alternate storage of PCBs at these facilities 
as long as the containment requirements of 40 CFR 264.175 are met and 
spills of PCBs are cleaned up in accordance with the PCB Spill Cleanup 
Policy.''
     24. Page 35418 contains an incorrect number. In the second 
sentence of the second full paragraph of the second column, the phrase 
``concentrations `` 500 ppm'' should read concentrations 
`` 50 ppm''.
     25. Page 35418 contains incorrect references to industrial 
furnaces. In the second sentence of the second full paragraph of the 
second column, and in the fifth sentence of the second full paragraph 
of the second column, ``an industrial furnace'' should read ``a 
smelter''.
     26. Page 35420 contains an editing error. The last sentence of the 
second full paragraph of the third column should read, ``Today's rule 
implements the Sierra Club decision by amending Sec. 761.93 to prohibit 
import of any PCBs or PCB Items.''

B. Technical Amendments to the Codified Text

     This rule also amends specified provisions of the codified text of 
the Disposal Amendments. Most of these amendments correct typographical 
errors and errors in citations, change incorrect references to 
industrial furnaces, and effect minor punctuation changes that make the 
rule easier to read. Changes that are not self-explanatory are 
described in this section.
     This rule removes the definition of ``emergency situation'' from 
Sec. 761.3. This definition supported portions of 
Sec. 761.30(a)(1)(iii), which authorized, until 1990, the otherwise-
prohibited installation of a PCB Transformer in or near a commercial 
building in an ``emergency situation''. The Disposal Amendments removed 
the portions of

[[Page 33758]]

Sec. 761.30(a)(1)(iii) that authorized these emergency installations 
because they expired in 1990. However, the agency neglected to remove 
the supporting definition of ``emergency situation''.
     This rule removes and reserves Sec. 761.30(j)(3). That section 
prescribes manifesting requirements for certain research and disposal 
wastes. Those requirements conflict with the generally-applicable 
requirements for manifesting and disposing of research and development 
waste at Sec. Sec. 761.65(i) and 761.64(b)(2).
     EPA included Sec. 761.50(b)(3) in the Disposal Amendments to 
clarify the status of PCB waste that was placed in a land disposal 
facility, spilled, or otherwise released into the environment prior to 
the effective date of the regulations implementing TSCA section 6(e). 
The Disposal Amendments state that sites containing PCB waste at 
concentrations  50 ppm that was placed in a land disposal 
facility, spilled, or otherwise released into the environment prior to 
April 18, 1978 (the effective date of the first PCB disposal rules), 
are presumed not to present an unreasonable risk of injury to health or 
the environment from exposure to PCBs at the site. This rule extends 
the presumption to include PCB waste at as-found concentrations 
 50 ppm that was placed in a land disposal facility, 
spilled, or otherwise released into the environment on or after April 
18, 1978, but prior to July 2, 1979, where the concentration of the 
spill or release was   50 ppm but < 500 ppm. Between these 
two dates, disposal of PCBs was regulated, but only if the PCBs were at 
concentrations  500 ppm.
     This rule removes and reserves Sec. 761.60(a)(3)(i) because the 
regulatory provisions it cites in 40 CFR part 268, specifying 
requirements for disposal of PCB liquids under RCRA, have been removed 
(see 62 FR 26022, May 12, 1997 (FRL-5816-5), and 63 FR 28556, see page 
28622, May 26, 1998)(FRL-6010-5).
     This rule removes the cross-reference in Sec. 761.60(b)(1)(i)(B) 
to Sec. 761.60(a)(1). At the time of the proposed rule, 
Sec. 761.60(a)(1) required disposal of certain PCB liquids in an 
incinerator. The final rule revised Sec. 761.60, changing the content 
of paragraph (a)(1), but did not include the necessary conforming 
change to Sec. 761.60(b)(1)(i)(B). This rule corrects that error by 
replacing the reference to paragraph (a)(1) in Sec. 761.60(b)(1)(i)(B) 
with a specific reference to incineration.
     Section 761.60(b)(4), pertaining to PCB-Contaminated Electrical 
Equipment, and Sec. 761.60(b)(6)(ii), pertaining to PCB-Contaminated 
Articles, specify slightly different disposal requirements for what are 
essentially the same materials. This rule amends Sec. 761.60(b)(4) by 
providing that, with the exception of PCB-Contaminated Large 
Capacitors, PCB-Contaminated Electrical Equipment must be disposed of 
in the same manner as a PCB-Contaminated Article under 
Sec. 761.60(b)(6)(ii). The requirements for this equipment have been 
consolidated at Sec. 761.60(b)(6)(ii).
     Section 761.60(b)(6)(ii), as amended by this rule, includes a 
provision to exclude this equipment from the manifesting requirements 
of subpart K. This provision was inadvertently omitted from the final 
rule. Prior to promulgation of the Disposal Amendments, PCB-
Contaminated Electrical Equipment was not regulated for disposal and 
thus was not subject to manifesting. While the Disposal Amendments 
imposed certain requirements on disposal of this equipment, it was 
EPA's intent that the manifesting requirements not apply. This intent 
was stated at the public meeting on the proposed rule held June 6-7, 
1995. (See transcript, Informal Public Hearing, Disposal of 
Polychlorinated Biphenyls, Part One, June 6, 1995, p. 219.) In 
addition, this intent is reflected in the Response to Comments Document 
on the proposed rule, which states that the manifesting requirement for 
drained PCB-Contaminated Electrical Equipment was deleted from the 
final rule. (See Response to Comments Document on the Proposed Rule -- 
Disposal of Polychlorinated Biphenyls, OPPTS Docket #66009A, May 1998, 
p. 58). Section 761.60(b)(6)(ii)(C) corrects the inadvertent omission 
of the manifesting exclusion.

C. Procedural Amendments

     As noted above, this rule contains procedural amendments to 
Sec. 761.61(c) and Sec. 761.79(h) to allow the Director of the National 
Program Chemicals Division to issue risk-based approvals for activities 
occurring in more than one EPA Region. Those sections of the Disposal 
Amendments now require a person wishing to sample, clean up, store, or 
dispose of PCB remediation waste, or to decontaminate PCBs or sample 
decontaminated material, in a manner not specifically provided for in 
the Disposal Amendments, to apply for a risk-based approval from the 
EPA Regional Administrator. This rule amends those sections to provide 
that requests for approval of these activities should be submitted to 
the EPA Regional Administrator for activities occurring in a single EPA 
Region, and to the Director, National Program Chemicals Division, for 
activities occurring in more than one EPA Region.

IV. What Actions Were Required by The Various Regulatory Assessment 
Mandates?

     This rule implements technical and procedural amendments to 40 CFR 
part 761. Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action is not a 
``significant regulatory action'' and is therefore not subject to 
review by the Office of Management and Budget. In addition, this action 
does not impose any enforceable duty, contain any unfunded mandate, or 
impose any significant or unique impact on small governments as 
described in the Unfunded Mandates Reform Act of 1995 (Pub.L. 104-4). 
This rule does not involve special consideration of environmental 
justice-related issues as required by Executive Order 12898, entitled 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994). 
Because this action is not subject to notice-and-comment requirements 
under the Administrative Procedure Act or any other statute, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). This rule also is not subject 
to Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997) because EPA interprets E.O. 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to E.O. 
13045 because it does not establish any environmental standards 
intended to mitigate health or safety risks. This rule does not involve 
technical standards and therefore is not subject to section 12(d) of 
the National Technology Transfer and Advancement Act of 1995, 15 U.S.C. 
272 note. Finally, this rule is not subject to the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq., because it does not impose any monitoring, 
reporting, or recordkeeping requirements. EPA's compliance with the 
statutes and Executive Orders for the underlying Disposal Amendments 
rule is discussed in the June 29, 1998, Federal Register notice.

[[Page 33759]]

V. Are There Any Impacts on Tribal, State and Local Governments?

A. Executive Order 12875

     Under Executive Order 12875, entitled Enhancing Intergovernmental 
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or EPA consults with those governments. 
If EPA complies by consulting, Executive Order 12875 requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
State, local and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
     Today's rule does not create a Federal mandate on State, local or 
tribal governments. The rule does not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to this rule.

B. Executive Order 13084

     Under Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 19, 
1998), EPA may not issue a regulation that is not required by statute, 
that significantly or uniquely affects the communities of Indian tribal 
governments, and that imposes substantial direct compliance costs on 
those communities, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by the tribal 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
     Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

VI. Submission to Congress and the General Accounting Office

     The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary, or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of June 24, 
1999. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
this rule in the Federal Register. This rule effects technical and 
procedural amendments to 40 CFR part 761 and is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 761

     Environmental protection, Hazardous substances, Labeling, 
Polychlorinated biphenyls (PCBs), Reporting and recordkeeping 
requirements

    Dated: June 15, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR Part 761 is amended as follows:

PART 761--[AMENDED]

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

Sec. 761.1 [Amended]

    2. In Sec. 761.1(b)(3), revise `` 10/100 
cm2'' to read `` 10 g/100 
cm2''.
     3. Amend Sec. 761.2(a)(3) by revising the last sentence to read as 
follows:


Sec. 761.2   PCB concentration assumptions for use.

     (a) * * *
     (3) * * * If the date of manufacture and the type of dielectric 
fluid are unknown, any person must assume the transformer to be a PCB 
Transformer.
*    *    *    *    *
     4. Amend Sec. 761.3 as follows:
     a. Remove the definition of ``emergency situation''.
     b. Revise the definition of ``ASTM'' and in the definition of 
``PCB remediation waste'' revise the first sentence of the introductory 
text and revise paragraph (3) to read as follows:


Sec. 761.3   Definitions.

*    *    *    *    *
     ASTM means American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959.
*    *    *    *    *
     PCB remediation waste means waste containing PCBs as a result of a 
spill, release, or other unauthorized disposal, at the following 
concentrations: Materials disposed of prior to April 18, 1978, that are 
currently at concentrations  50 ppm PCBs, regardless of the 
concentration of the original spill; materials which are currently at 
any volume or concentration where the original source was  
500 ppm PCBs beginning on April 18, 1978, or  50 ppm PCBs 
beginning on July 2, 1979; and materials which are currently at any 
concentration if the PCBs are spilled or released from a source not 
authorized for use under this part. ***
*    *    *    *    *
     (3) Buildings and other man-made structures (such as concrete 
floors, wood floors, or walls contaminated from a leaking PCB or PCB-
Contaminated Transformer), porous surfaces, and non-porous surfaces.
*    *    *    *    *
     5. Amend Sec. 761.19(b) by revising the last sentence to read as 
follows:


Sec. 761.19   References.

*    *    *    *    *
     (b) * * * Copies of the incorporated material may be obtained from 
the American Society for Testing and Materials (ASTM), 100 Barr Harbor

[[Page 33760]]

Drive, West Conshohocken, PA 19428-2959.
*    *    *    *    *

Sec. 761.20 [Amended]

     6. In Sec. 761.20(c)(2)(ii), correct the reference to 
``Sec. 261.10 of this chapter'' to read ``Sec. 260.10 of this 
chapter''.
     7. Amend Sec. 761.30 as follows:
     a. Revise paragraph (a)(1)(xii)(J) and the first sentence of 
paragraph (i)(4).
     b. In the last sentence of paragraph (i)(1)(iii)(D), revise 
``delegate'' to read ``defer''.
     c. In the first sentence of paragraph (i)(5), revise the reference 
``Sec. 761.60(a)'' to read ``Sec. 761.61(a)(5)(iv)''.
     d. Remove and reserve paragraph (j)(3).
     e. In the introductory language to paragraph (p)(1), revise ``> 10 
g/100 cm2'' to read `` 50 ppm''.
    The revised portions read as follows:


Sec. 761.30   Authorizations.

     (a) * * *
     (1) * * *
    (xii) * * *
     (J) Records of transfer of ownership in compliance with 
Sec. 761.180(a)(2)(ix).
*    *    *    *    *
     (i) * * *
     (4) Any person characterizing PCB contamination in natural gas 
pipe or natural gas pipeline systems must do so by analyzing organic 
liquids collected at existing condensate collection points in the pipe 
or pipeline system. The level of PCB contamination found at a 
collection point is assumed to extend to the next collection point 
downstream. Any person characterizing multi-phasic liquids must do so 
in accordance with Sec. 761.1(b)(4).
*    *    *    *    *
     8. Section 761.40 is amended in paragraph (b), by revising 
``1979'' to read ``1978'', and by revising paragraph (l) to read as 
follows:


Sec. 761.40   Marking requirements.

*    *    *    *    *
     (l)(1) All voltage regulators which contain 1.36 kilograms (3 
lbs.) or more of dielectric fluid with a PCB concentration of 
 500 ppm must be marked individually with the ML 
mark as described in Sec. 761.45(a).
     (2) Locations of voltage regulators which contain 1.36 kilograms 
(3 lbs.) or more of dielectric fluid with a PCB concentration of 
 500 ppm shall be marked as follows: The vault door, 
machinery room door, fence, hallway, or means of access, other than 
grates or manhole covers, must be marked with the ML mark as 
described in Sec. 761.45(a).
     9. Amend Sec. 761.50 by revising the introductory text of 
paragraph (b)(3)(i), the first sentence of paragraph (b)(3)(i)(B), 
paragraph (b)(3)(ii) introductory text, and in paragraph (b)(8) by 
revising the reference ``Sec. 761.61(a)(5)(iii)'' to read 
``Sec. 761.61''.
    The revised portions read as follows:


Sec. 761.50   Applicability.

*    *    *    *    *
     (b) * * *
     (3) * * *
     (i) Any person responsible for PCB waste at as-found 
concentrations  50 ppm that was either placed in a land 
disposal facility, spilled, or otherwise released into the environment 
prior to April 18, 1978, regardless of the concentration of the spill 
or release; or placed in a land disposal facility, spilled, or 
otherwise released into the environment on or after April 18, 1978, but 
prior to July 2, 1979, where the concentration of the spill or release 
was  50 ppm but < 500 ppm, must dispose of the waste as 
follows:
*    *    *    *    *
     (B) Unless directed by the EPA Regional Administrator to dispose 
of PCB waste in accordance with paragraph (b)(3)(i)(A) of this section, 
any person responsible for PCB waste at as-found concentrations 
 50 ppm that was either placed in a land disposal facility, 
spilled, or otherwise released into the environment prior to April 18, 
1978, regardless of the concentration of the spill or release; or 
placed in a land disposal facility, spilled, or otherwise released into 
the environment on or after April 18, 1978, but prior to July 2, 1979, 
where the concentration of the spill or release was  50 ppm 
but < 500 ppm, who unilaterally decides to dispose of that waste (for 
example, to obtain insurance or to sell the property), is not required 
to clean up in accordance with Sec. 761.61. * * *
     (ii) Any person responsible for PCB waste at as-found 
concentrations  50 ppm that was either placed in a land 
disposal facility, spilled, or otherwise released into the environment 
on or after April 18, 1978, but prior to July 2, 1979, where the 
concentration of the spill or release was  500 ppm; or 
placed in a land disposal facility, spilled, or otherwise released into 
the environment on or after July 2, 1979, where the concentration of 
the spill or release was  50 ppm, must dispose of it in 
accordance with either of the following:
*    *    *    *    *

Sec. 761.60 [Amended]

     10. Amend Sec. 761.60 as follows:
     a. Remove and reserve paragraph (a)(3)(i).
     b. Revise the second sentence of paragraph (b)(1)(i)(B).
     c. In paragraph (b)(3)(i)(C), revise the phrase ``an industrial 
furnace'' to read ``a scrap metal recovery oven or smelter''.
    d. Revise paragraph (b)(4).
     e. Amend paragraphs (b)(5)(i)(B) and (b)(5)(ii)(A)(1) by removing 
the phrase ``in accordance with subpart M of this part''.
     f. Amend paragraph (b)(5)(i)(C)(2) by adding ``or more'' after, 
``The pipe is filled to 50 percent''.
     g. In paragraph (b)(5)(i)(D), revise ``Sec. 761.62(c)'' to read 
``Sec. 761.61(c)''.
    h. Revise the last sentence of paragraph (b)(5)(iii)(A).
    i. In paragraph (b)(5)(ii)(A), revise the phrase, ``scrap metal 
recovery oven and smelter'', to read, ``a scrap metal recovery oven or 
smelter''.
    j. Redesignate paragraphs (b)(6)(ii) introductory text, 
(b)(6)(ii)(A), (b)(6)(ii)(B), (b)(6)(ii)(C), and (b)(6)(ii)(D) as 
paragraphs (b)(6)(ii)(A) introductory text, and paragraphs 
(b)(6)(ii)(A)(1) through (b)(6)(ii)(A)(4), respectively.
     k. In redesignated paragraph (b)(6)(ii)(A)(3), revise the phrase 
``an industrial furnace'' to read ``a scrap metal recovery oven or 
smelter''.
    l. Revise redesignated paragraph (b)(6)(ii)(A) introductory text, 
add paragraphs (b)(6)(ii)(B) and (b)(6)(ii)(C), remove paragraph 
(b)(6)(iv) and add paragraph (b)(8), to read as follows:


Sec. 761.60   Disposal requirements.

*    *    *    *    *
     (b) * * *
     (1) * * *
     (i) * * *
     (B) * * * Any person disposing of PCB liquids that are removed 
from the transformer (including the dielectric fluid and all solvents 
used as a flush), shall do so in an incinerator that complies with 
Sec. 761.70 of this part, or shall decontaminate them in accordance 
with Sec. 761.79. * * *
*    *    *    *    *
     (4) PCB-Contaminated Electrical Equipment. Any person disposing of 
PCB-Contaminated Electrical Equipment, except capacitors, shall do so 
in accordance with paragraph (b)(6)(ii)(A) of this section. Any person 
disposing of Large Capacitors that contain  50 ppm but < 500 
ppm PCBs shall do so in a disposal facility approved under this part.
     (5) Natural gas pipeline systems containing PCBs. * * *
     (iii) Characterization of natural gas pipeline systems by PCB 
concentration in condensate. * * *
     (A) * * * Collect condensate within 72 hours of the final 
transmission of

[[Page 33761]]

natural gas through the part of the system to be abandoned or removed. 
Collect wipe samples after the last transmission of gas through the 
pipe or during removal from the location it was used to transport 
natural gas.
*    *    *    *    *
     (6) * * *
     (ii) * * *
     (A) Except as specifically provided in paragraphs (b)(1) through 
(b)(5) of this section, any person disposing of a PCB-Contaminated 
Article must do so by removing all free-flowing liquid from the 
article, disposing of the liquid in accordance with paragraph (a) of 
this section, and disposing of the PCB-Contaminated Article with no 
free-flowing liquid by one of the following methods:
*    *    *    *    *
     (B) Storage for disposal of PCB-Contaminated Articles from which 
all free-flowing liquids have been removed is not regulated under 
subpart D of this part.
     (C) Requirements in subparts J and K of this part do not apply to 
PCB-Contaminated Articles from which all free-flowing liquids have been 
removed.
*    *    *    *    *
     (8) Persons disposing of PCB Articles must wear or use protective 
clothing or equipment to protect against dermal contact with or 
inhalation of PCBs or materials containing PCBs.
     11. Amend Sec. 761.61 as follows:
     a. In paragraph (a)(5)(ii)(B)(1), revise ``paragraph 
(a)(5)(i)(B)(3)(ii)'' to read ``paragraph (a)(5)(i)(B)(2)(ii)''.
     b. In paragraph (a)(5)(ii)(B)(2) revise ``paragraph 
(a)(5)(i)(B)(3)(iii)'' to read ``paragraph (a)(5)(i)(B)(2)(iii)''.
     c. Revise the second sentence of paragraph (a)(3)(ii), paragraphs 
(a)(5)(i)(A) introcductory text, (a)(5)(i)(B)(2)(i), paragraph 
(a)(5)(v)(A), and the first sentence of paragraph (c)(1) to read as 
follows:


Sec. 761.61   PCB remediation waste.

*    *    *    *    *
     (a) * * *
     (3) * * *
     (ii) *** If the EPA Regional Administrator does not respond within 
30 calendar days of receiving the notice, the person submitting the 
notification may assume that it is complete and acceptable and proceed 
with the cleanup according to the information the person provided to 
the EPA Regional Administrator. ***
*    *    *    *    *
     (5) * * *
     (i) * * *
    (A) Any person cleaning up bulk PCB remediation waste on-site using 
a soil washing process may do so without EPA approval, subject to all 
of the following:
*    *    *    *    *
     (B) * * *
     (2) * * *
     (i) Unless sampled and analyzed for disposal according to the 
procedures set out in Sec. Sec. 761.283, 761.286, and 761.292, the bulk 
PCB remediation waste shall be assumed to contain  50 ppm 
PCBs.
*    *    *    *    *
     (v) * * *
     (A) Non-liquid cleaning materials and personal protective 
equipment waste at any concentration, including non-porous surfaces and 
other non-liquid materials such as rags, gloves, booties, other 
disposable personal protective equipment, and similar materials 
resulting from cleanup activities shall be either decontaminated in 
accordance with Sec. 761.79(b) or (c), or disposed of in one of the 
following facilities, without regard to the requirements of subparts J 
and K of this part:
     (1) A facility permitted, licensed, or registered by a State to 
manage municipal solid waste subject to part 258 of this chapter.
     (2) A facility permitted, licensed, or registered by a State to 
manage non-municipal non-hazardous waste subject to Sec. Sec. 257.5 
through 257.30 of this chapter, as applicable.
     (3) A hazardous waste landfill permitted by EPA under section 3004 
of RCRA, or by a State authorized under section 3006 of RCRA.
     (4) A PCB disposal facility approved under this part.
*    *    *    *    *
     (c) * * * (1) Any person wishing to sample, cleanup, or dispose of 
PCB remediation waste in a manner other than prescribed in paragraphs 
(a) or (b) of this section, or store PCB remediation waste in a manner 
other than prescribed in Sec. 761.65, must apply in writing to the EPA 
Regional Administrator in the Region where the sampling, cleanup, 
disposal or storage site is located, for sampling, cleanup, disposal or 
storage occurring in a single EPA Region; or to the Director of the 
National Program Chemicals Division, for sampling, cleanup, disposal or 
storage occurring in more than one EPA Region. * * *
*    *    *    *    *

Sec. 761.62 [Amended]

     12. Amend Sec. 761.62 as follows:
     a. In paragraph (b)(1)(ii), revise ``subpart O'', to read 
``subpart R''.
     b. In paragraph (b)(4)(i), revise `` 50 ppm'' to read 
`` 50 ppm''.
     c. In paragraph (b)(6), revise ``subparts C and K'' to read 
``subparts C, J, and K''.
     d. Revise the title of paragraph (c) to read, ``Risk-based 
disposal approval.''
     e. Paragraph (c) is further amended by removing the phrases 
``disposal or storage'' and ``storage or disposal'' wherever they 
appear and adding in place thereof, the phrase ``sampling, disposal, or 
storage''.

Sec. 761.72 [Amended]

     13. Amend Sec. 761.72 as follows:
     a. In paragraph (c)(3), in the first sentence, revise the phrase, 
``In lieu of the requirements in paragraphs (a) and (b) of this 
section'', to read, ``In lieu of the requirements in paragraph (c)(1) 
of this section''; and revise the phrase, ``the parameters and 
conditions listed in paragraphs (a)(1) through (a)(8) and (b)(1) 
through (b)(9) of this section'', to read, ``the parameters and 
conditions listed in paragraph (a) or (b) of this section''.
     b. Revise paragraph (a)(7) to read as follows:


Sec. 761.72   Scrap metal recovery ovens and smelters.

*    *    *    *    *
     (a) * * *
     (7) Emissions from the secondary chamber must be vented through an 
exhaust gas stack in accordance with either:
     (i) State or local air regulations or permits, or
     (ii) The standards in paragraph (a)(8) of this section.
*    *    *    *    *

 Sec. 761.79 [Amended]

     14. Amend Sec. 761.79 as follows:
     a. In paragraph (a)(5), amend ``(c)(8)'' to read ``(c)(6)''.
     b. Amend paragraph (c)(2) introductory text by removing the 
phrase, ``and used in storage areas''.
     c. In paragraph (c)(5)(i), revise ``paragraphs (b), (c)(1) through 
(c)(6), or (c)(8) of this section'' to read ``paragraphs (b), (c)(1) 
through (c)(4), or (c)(6) of this section''.
     d. In the last sentence of paragraph (c)(5)(iv), revise ``PODF'' 
to read ``solvent''.
     e. In paragraph (c)(6)(i), revise ``an industrial furnace'' to 
read ``a scrap metal recovery oven or smelter''.
     f. In paragraph (c)(6)(ii), revise ``an industrial furnace'' to 
read ``a smelter''.
     g. Revise the first sentences of paragraphs (h)(1), (h)(2), and 
(h)(3) to read as follows. The paragraph title is shown for the 
convenience of the reader.


Sec. 761.79   Decontamination standards and procedures.

*    *    *    *    *

[[Page 33762]]

     (h) Alternative decontamination or sampling approval. (1) Any 
person wishing to decontaminate material described in paragraph (a) of 
this section in a manner other than prescribed in paragraph (b) of this 
section must apply in writing to the EPA Regional Administrator in the 
Region where the activity would take place, for decontamination 
activity occurring in a single EPA Region; or the Director of the 
National Program Chemicals Division, for decontamination activity 
occurring in more than one EPA Region. * * *
     (2) Any person wishing to decontaminate material described in 
paragraph (a) of this section using a self-implementing procedure other 
than prescribed in paragraph (c) of this section must apply in writing 
to the EPA Regional Administrator in the Region where the activity 
would take place, for decontamination activity occurring in a single 
EPA Region; or the Director of the National Program Chemicals Division, 
for decontamination activity occurring in more than one EPA Region. * * 
*
     (3) Any person wishing to sample decontaminated material in a 
manner other than prescribed in paragraph (f) of this section must 
apply in writing to the EPA Regional Administrator in the Region where 
the activity would take place, for decontamination activity occurring 
in a single EPA Region; or the Director of the National Program 
Chemicals Division, for decontamination activity occurring in more than 
one EPA Region. * * *
*    *    *    *    *

Sec. 761.247 [Amended]

     15. Amend Sec. 761.247 as follows:
     a. Amend the heading by removing ``or pipeline section 
abandonment''.
     b. Amend paragraph (a)(3) by removing ``or pipeline section''.
     c. In the fourth sentence of paragraph (b)(2)(ii)(B)(2), revise 
``section'' to read ``length''.
     d. Amend the introductory language to paragraph (c) by removing 
``pipeline section or''.
     e. Amend paragraph (c)(5)(iii) by removing ``pipeline section 
or''.
     f. Amend the second sentence of paragraph (d) by removing 
``pipeline section or'' each time it appears.

Sec. 761.250 [Amended]

    16. In Sec. 761.250(a)(2), revise ``Sec. 761.247(d)'' to read 
``Sec. 761.247(c) and (d)''.

Sec. 761.347 [Amended]

    17. In Sec. 761.347(c)(3)(i)(C), revise ``paragraph (c)(3)(iii) of 
this section'' to read ``paragraph (c)(3)(i)(B) of this section''.

[FR Doc. 99-16098 Filed 6-23-99; 8:45 am]
BILLING CODE 6560-50-F