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(continued)
(A) Remove the free-flowing PCB dielectric fluid from the electromagnet, switch, or voltage regulator. Flushing is not required. Either test the fluid or assume it contains =1,000 ppm PCBs. Retrofill the electromagnet, switch, or voltage regulator with fluid containing known PCB levels according to the following table. Determine the electromagnet, switch, or voltage regulator's reclassified status according to the following table (if following this process does not result in the reclassified status you desire, you may repeat the process):
----------------------------------------------------------------------------------------------------------------
then the
If test results show the PCB and you retrofill and test results electromagnet,
concentration (ppm) in the the equipment with show the PCB switch, or voltage
equipment prior to retrofill is dielectric fluid and you . . . concentration regulator's
. . . containing . . . (ppm) after reclassified
retrofill is . . . status is . . .
----------------------------------------------------------------------------------------------------------------
>=1,000 (or untested) <50 ppm PCBs operate the >=50 but <500 PCB-contaminated
equipment
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
-------------------------------------------------------------------------------
<50 ppm PCBs operate the <50 non-PCB
equipment
electrically
under loaded
conditions for at
least 90-
continuous days
after retrofill,
then test the
fluid for PCBs
----------------------------------------------------------------------------------------------------------------
>=500 but <1,000 <50 ppm PCBs test the fluid for >=50 but <500 PCB-contaminated
PCBs at least 90
days after
retrofill
-------------------------------------------------------------------------------
<50 ppm PCBs test the fluid for <50 non-PCB
PCBs at least 90
days after
retrofill
----------------------------------------------------------------------------------------------------------------
>=50 but <500 >=2 but <50 ppm test the fluid for <50 non-PCB
PCBs PCBs at least 90
days after
retrofill
-------------------------------------------------------------------------------
<2 ppm PCBs (no need to test) (not applicable) non-PCB
----------------------------------------------------------------------------------------------------------------
(B) If you discover that the PCB concentration of the fluid in a reclassified electromagnet, switch, or voltage regulator has changed, causing the reclassified status to change, the electromagnet, switch, or voltage regulator is regulated based on the actual concentration of the fluid. For example, an electromagnet, switch, or voltage regulator that was reclassified to non-PCB status is regulated as a PCB-Contaminated electromagnet, switch, or voltage regulator if you discover that the concentration of the fluid has increased to =50 but <500 ppm PCBs. If you discover that the PCB concentration of the fluid in a voltage regulator has risen to =500 ppm, follow paragraph (h)(1)(iii) of this section to come into compliance with the regulations applicable to voltage regulators containing =500 ppm PCBs. You also have the option of repeating the reclassification process.
(C) The Director, National Program Chemicals Division may, without further rulemaking, grant approval on a case-by-case basis for the use of alternative methods to reclassify electromagnets, switches or voltage regulators. You may request an approval by writing to the Director, National Program Chemicals Division (7404), Environmental Protection Agency,1200 Pennsylvania Ave., NW., Washington, DC 20460. Describe the equipment you plan to reclassify, the alternative reclassification method you plan to use, and test data or other evidence on the effectiveness of the method.
(D) You must keep records of the reclassification required by §761.180(g).
(vi) Any dielectric fluid containing 50 ppm or greater PCB used for servicing electromagnets, switches, or voltage regulators must be stored in accordance with the storage for disposal requirements of §761.65.
(vii) Processing and distribution in commerce of PCBs for purposes of servicing electromagnets, switches or voltage regulators is permitted only for persons who are granted an exemption under TSCA 6(e)(3)(B).
(i) Use and reuse of PCBs in natural gas pipeline systems; use and reuse of PCB-Contaminated natural gas pipe and appurtenances. (1)(i) PCBs are authorized for use in natural gas pipeline systems at concentrations <50 ppm.
(ii) PCBs are authorized for use, at concentrations =50 ppm, in natural gas pipeline systems not owned or operated by a seller or distributor of natural gas.
(iii)(A) PCBs are authorized for use, at concentrations =50 ppm, in natural gas pipeline systems owned or operated by a seller or distributor of natural gas, if the owner or operator:
(1) Submits to EPA, upon request, a written description of the general nature and location of PCBs =50 ppm in their natural gas pipeline system. Each written description shall be submitted to the EPA Regional Administrator having jurisdiction over the segment or component of the system (or the Director, National Program Chemicals Division, Office of Prevention, Pesticides, and Toxic Substances, if the system is contaminated in more than one region).
(2) Within 120 days after discovery of PCBs =50 ppm in natural gas pipeline systems, or by December 28, 1998, whichever is later, characterizes the extent of PCB contamination by collecting and analyzing samples to identify the upstream and downstream end points of the segment or component where PCBs =50 ppm were discovered.
(3) Within 120 days of characterization of the extent of PCB contamination, or by December 28, 1998, whichever is later, samples and analyzes all potential sources of introduction of PCBs into the natural gas pipeline system for PCBs =50 ppm. Potential sources include natural gas compressors, natural gas scrubbers, natural gas filters, and interconnects where natural gas is received upstream from the most downstream sampling point where PCBs =50 ppm were detected; potential sources exclude valves, drips, or other small liquid condensate collection points.
(4) Within 1 year of characterization of the extent of PCB contamination, reduces all demonstrated sources of PCBs =50 ppm to <50 ppm, or removes such sources from the natural gas pipeline system; or implements other engineering measures or methods to reduce PCB levels to <50 ppm and to prevent further introduction of PCBs =50 ppm into the natural gas pipeline system (e.g., pigging, decontamination, in-line filtration).
(5) Repeats sampling and analysis at least annually where PCBs are =50 ppm, until sampling results indicate the natural gas pipeline segment or component is <50 ppm PCB in two successive samples with a minimum interval between samples of 180 days.
(6) Marks aboveground sources of PCB liquids in natural gas pipeline systems with the ML Mark in accordance with §761.45(a), where such sources have been demonstrated through historical data or recent sampling to contain PCBs =50 ppm.
(B) Owners or operators of natural gas pipeline systems which do not include potential sources of PCB contamination as described in paragraph (i)(1)(iii)(A)(3) of this section containing =50 ppm PCB are not subject to paragraphs (i)(1)(iii)(A)(2), (i)(1)(iii)(A)(3), (i)(1)(iii)(A)(4), or (i)(1)(iii)(A)(6) of this section. Owners or operators of these systems, however, must comply with the other provisions of this section (e.g., sampling of any collected PCB liquids and recordkeeping).
(C) The owner or operator of a natural gas pipeline system must document in writing all data collected and actions taken, or not taken, pursuant to the authorization in paragraph (i)(1)(iii)(A) of this section. They must maintain the information for 3 years after the PCB concentration in the component or segment is reduced to <50 ppm, and make it available to EPA upon request.
(D) The Director, National Program Chemicals Division, after consulting with the appropriate EPA Region(s) may, based on a finding of no unreasonable risk, modify in writing the requirements of paragraph (i)(1)(iii)(A) of this section, including extending any compliance date, approving alternative formats for documentation, waiving one or more requirements for a segment or component, requiring sampling and analysis, and requiring implementation of engineering measures to reduce PCB concentrations. EPA will make such modifications based on the natural gas pipeline system size, configuration, and current operating conditions; nature, extent or source of contamination; proximity of contamination to end-users; or previous sampling, monitoring, remedial actions or documentation of activities taken regarding compliance with this authorization or other applicable Federal, State, or local laws and regulations. The Director, National Program Chemicals Division, may defer the authority described in this paragraph, upon request, to the appropriate EPA Region.
(E) The owner or operator of a natural gas pipeline system may use historical data to fulfill the requirements of paragraphs (i)(1)(iii)(A)(1), (i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of this section. They may use documented historical actions taken to reduce PCB concentrations in known sources; decontaminate components or segments of natural gas pipeline systems; or otherwise to reduce PCB levels to fulfill the requirements of paragraph (i)(1)(iii)(A)(4) of this section.
(2) Any person may reuse PCB-Contaminated natural gas pipe and appurtenances in a natural gas pipeline system, provided all free-flowing liquids have been removed.
(3) Any person may use PCB-Contaminated natural gas pipe, drained of all free-flowing liquids, in the transport of liquids (e.g., bulk hydrocarbons, chemicals, petroleum products, or coal slurry), as casing to provide secondary containment or protection (e.g., protection for electrical cable), as industrial structural material (e.g., fence posts, sign posts, or bridge supports), as temporary flume at construction sites, as equipment skids, as culverts under transportation systems in intermittent flow situations, for sewage service with written consent of the Publicly Owned Treatment Works (POTW), for steam service, as irrigation systems (<20 inch diameter) of less than 200 miles in length, and in a totally enclosed compressed air system.
(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 §761.1(b)(4); if no liquids are present, they must use standard wipe samples in accordance with subpart M of this part.
(5)(i) Any person disposing of liquids containing PCBs =50 ppm removed, spilled, or otherwise released from a natural gas pipeline system must do so in accordance with §761.61(a)(5)(iv) based on the PCB concentration at the time of removal from the system. Any person disposing of materials contaminated by spills or other releases of PCBs =50 ppm from a natural gas pipeline systems, must do so in accordance with §§761.61 or 761.79, as applicable.
(ii) Any person who markets or burns for energy recovery liquids containing PCBs at concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline system must do so in accordance with the provisions pertaining to used oil at §761.20(e). No other use of liquid containing PCBs at concentrations above the quantifiable level/level of detection removed from a natural gas pipeline system is authorized.
(j) Research and development. For purposes of this section, authorized research and development (R&D) activities include, but are not limited to: the chemical analysis of PCBs, including analyses to determine PCB concentration; determinations of the physical properties of PCBs; studies of environmental transport processes; studies of biochemical transport processes; studies of effects of PCBs on the environment; and studies of the health effects of PCBs, including direct toxicity and toxicity of metabolic products of PCBs. Authorized R&D activities do not include research, development, or analysis for the development of any PCB product. Any person conducting R&D activities under this section is also responsible for determining and complying with all other applicable Federal, State, and local laws and regulations. Although the use of PCBs and PCBs in analytical reference samples derived from waste material is authorized in conjunction with PCB-disposal related activities, R&D for PCB disposal (as defined under §761.3) is addressed in §761.60(j). PCBs and PCBs in analytical reference samples derived from waste materials are authorized for use, in a manner other than a totally enclosed manner, provided that:
(1) They obtain the PCBs and PCBs in analytical reference samples derived from waste materials from sources authorized under §761.80 to manufacture, process, and distribute PCBs in commerce and the PCBs are packaged in compliance with the Hazardous Materials Regulations at 49 CFR parts 171 through 180.
(2) They store all PCB wastes resulting from R&D activities (e.g., spent laboratory samples, residuals, contaminated media such as clothing, etc.) in compliance with §761.65(b) and dispose of all PCB wastes in compliance with §761.64.
(3) [Reserved]
(4) No person may manufacture, process, or distribute in commerce PCBs for research and development unless they have been granted an exemption to do so under TSCA section 6(e)(3)(B).
(k) Use in scientific instruments. PCBs may be used indefinitely in scientific instruments, for example, in oscillatory flow birefringence and viscoelasticity instruments for the study of the physical properties of polymers, as microscopy mounting fluids, as microscopy immersion oil, and as optical liquids in a manner other than a totally enclosed manner. No person may manufacture, process, or distribute in commerce PCBs for use in scientific instruments unless they have been granted an exemption to do so under TSCA section 6(e)(3)(B).
(l) Use in capacitors. PCBs at any concentration may be used in capacitors, subject to the following conditions:
(1) Use conditions. (i) After October 1, 1988, the use and storage for reuse of PCB Large High Voltage Capacitors and PCB Large Low Voltage Capacitors which pose an exposure risk to food or feed is prohibited.
(ii) After October 1, 1988, the use of PCB Large High Voltage Capacitors and PCB Large Low Voltage Capacitors is prohibited unless the capacitor is used within a restricted-access electrical substation or in a contained and restricted-access indoor installation. A restricted-access electrical substation is an outdoor, fenced or walled-in facility that restricts public access and is used in the transmission or distribution of electric power. A contained and restricted-access indoor installation does not have public access and has an adequate roof, walls, and floor to contain any release of PCBs within the indoor location.
(2) [Reserved]
(m) Use in and servicing of circuit breakers, reclosers and cable. PCBs at any concentration may be used in circuit breakers, reclosers, and cable and may be used for purposes of servicing this electrical equipment (including rebuilding) for the remainder of their useful lives, subject to the following conditions:
(1) Servicing conditions. (i) Circuit breakers, reclosers, and cable may be serviced (including rebuilding) only with dielectric fluid containing less than 50 ppm PCB.
(ii) Any circuit breaker, recloser or cable found to contain at least 50 ppm PCBs may be serviced only in accordance with the conditions contained in 40 CFR 761.30(h)(2).
(2) [Reserved]
(n)–(o) [Reserved]
(p) Continued use of porous surfaces contaminated with PCBs regulated for disposal by spills of liquid PCBs. (1) Any person may use porous surfaces contaminated by spills of liquid PCBs at concentrations >10 µg/100 cm 2 for the remainder of the useful life of the surfaces and subsurface material if the following conditions are met:
(i) The source of PCB contamination is removed or contained to prevent further release to porous surfaces.
(ii) If the porous surface is accessible to superficial surface cleaning:
(A) The double wash rinse procedure in subpart S of this part is conducted on the surface to remove surface PCBs.
(B) The treated surface is allowed to dry for 24 hours.
(iii) After accessible surfaces have been cleaned according to paragraph (p)(1)(ii) of this section and for all surfaces inaccessible to cleanup:
(A) The surface is completely covered to prevent release of PCBs with:
(1) Two solvent resistant and water repellent coatings of contrasting colors to allow for a visual indication of wear through or loss of outer coating integrity; or
(2) A solid barrier fastened to the surface and covering the contaminated area or all accessible parts of the contaminated area. Examples of inaccessible areas are underneath a floor-mounted electrical transformer and in an impassible space between an electrical transformer and a vault wall.
(B) The surface is marked with the ML Mark in a location easily visible to individuals present in the area; the ML Mark shall be placed over the encapsulated area or the barrier to the encapsulated area.
(C) ML Marks shall be replaced when worn or illegible.
(2) Removal of a porous surface contaminated with PCBs from its location or current use is prohibited except for removal for disposal in accordance with §§761.61 or 761.79 for surfaces contaminated by spills, or §761.62 for manufactured porous surfaces.
(q) [Reserved]
(r) Use in and servicing of rectifiers. Any person may use PCBs at any concentration in rectifiers for the remainder of the PCBs' useful life, and may use PCBs <50 ppm in servicing (including rebuilding) rectifiers.
(s) Use of PCBs in air compressor systems. (1) Any person may use PCBs in air compressor systems at concentrations <50 ppm.
(2) Any person may use PCBs in air compressor systems (or components thereof) at concentrations =50 ppm provided that:
(i) All free-flowing liquids containing PCBs =50 ppm are removed from the air compressor crankcase and the crankcase is refilled with non-PCB liquid.
(ii) Other air compressor system components contaminated with PCBs =50 ppm, are decontaminated in accordance with §761.79 or disposed of in accordance with subpart D of this part.
(iii) Air compressor piping with a nominal inside diameter of <2 inches is decontaminated by continuous flushing for 4 hours, at no <300 gallons per hour (§761.79 contains solvent requirements).
(3) The requirements in paragraph (s)(2) of this section must be completed by August 30, 1999 or within 1 year of the date of discovery of PCBs at =50 ppm in the air compressor system, whichever is later. The EPA Regional Administrator for the EPA Region in which an air compressor system is located may, at his/her discretion and in writing, extend this timeframe.
(t) Use of PCBs in other gas or liquid transmission systems. (1) PCBs are authorized for use in intact and non-leaking gas or liquid transmission systems at concentrations <50 ppm PCBs.
(2) PCBs are authorized for use at concentrations =50 ppm in intact and non-leaking gas or liquid transmission systems not owned or operated by a seller or distributor of the gas or liquid transmitted in the system.
(3) Any person may use PCBs at concentrations =50 ppm in intact and non-leaking gas or liquid transmission systems, with the written approval of the Director, National Program Chemicals Division, subject to the requirements applicable to natural gas pipeline systems at paragraphs (i)(1)(iii)(A), (i)(1)(iii)(C) through (i)(1)(iii)(E), and (i)(2) through (i)(5) of this section.
(u) Use of decontaminated materials. (1) Any person may use equipment, structures, other non-liquid or liquid materials that were contaminated with PCBs during manufacture, use, servicing, or because of spills from, or proximity to, PCBs =50 ppm, including those not otherwise authorized for use under this part, provided:
(i) The materials were decontaminated in accordance with:
(A) A TSCA PCB disposal approval issued under subpart D of this part;
(B) Section 761.79; or
(C) Applicable EPA PCB spill cleanup policies (e.g., TSCA, RCRA, CERCLA, EPA regional) in effect at the time of the decontamination; or
(ii) If not previously decontaminated, the materials now meet an applicable decontamination standard in §761.79(b).
(2) No person shall use or reuse materials decontaminated in accordance with paragraph (u)(1)(i) of this section or meeting an applicable decontamination standard in paragraph (u)(1)(ii) of this section, in direct contact with food, feed, or drinking water unless otherwise allowed under this section or this part.
(3) Any person may use water containing PCBs at concentrations =0.5µg/L PCBs without restriction.
(4) Any person may use water containing PCBs at concentrations <200 µg/L (i.e., < 200 ppb PCBs) for non-contact use in a closed system where there are no releases (e.g., as a non-contact cooling water).
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15 U.S.C. 2605)
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982]
Editorial Note: For Federal Register citations affection §761.30 see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 761.35 Storage for reuse.
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(a) The owner or operator of a PCB Article may store it for reuse in an area which is not designed, constructed, and operated in compliance with §761.65(b), for no more than 5 years after the date the Article was originally removed from use (e.g., disconnected electrical equipment) or 5 years after August 28, 1998, whichever is later, if the owner or operator complies with the following conditions:
(1) Follows all use requirements at §761.30 and marking requirements at subpart C of this part that are applicable to the PCB Article.
(2) Maintains records starting at the time the PCB Article is removed from use or August 28, 1998. The records must indicate:
(i) The date the PCB Article was removed from use or August 28, 1998, if the removal date is not known.
(ii) The projected location and the future use of the PCB Article.
(iii) If applicable, the date the PCB Article is scheduled for repair or servicing.
(b) The owner or operator of a PCB Article may store it for reuse in an area that does not comply with §761.65(b) for a period longer than 5 years, provided that the owner or operator has received written approval from the EPA Regional Administrator for the Region in which the PCB Article is stored. An owner or operator of a PCB Article seeking approval to extend the 5–year period must submit a request for extension to the EPA Regional Administrator at least 6 months before the 5-year storage for reuse period expires and must include an item-by-item justification for the desired extension. The EPA Regional Administrator may include any conditions to such approval deemed necessary to protect health or the environment. The owner or operator of the PCB Article being stored for reuse must comply with the other applicable provisions of this part, including the record retention requirements at §761.180(a).
(c) Any person may store a PCB Article for reuse indefinitely in:
(1) A unit in compliance with §761.65(b).
(2) A unit permitted under section 3004 of RCRA to manage hazardous wastes in containers.
(3) A unit permitted by a State authorized under section 3006 of RCRA to manage hazardous waste.
[63 FR 35443, June 29, 1998]
Subpart C—Marking of PCBs and PCB Items
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§ 761.40 Marking requirements.
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(a) Each of the following items in existence on or after July 1, 1978 shall be marked as illustrated in Figure 1 in §761.45(a): The mark illustrated in Figure 1 is referred to as ML throughout this subpart.
(1) PCB Containers;
(2) PCB Transformers at the time of manufacture, at the time of distribution in commerce if not already marked, and at the time of removal from use if not already marked. [Marking of PCB-Contaminated Electrical Equipment is not required];
(3) PCB Large High Voltage Capacitors at the time of manufacture, at the time of distribution in commerce if not already marked, and at the time of removal from use if not already marked;
(4) Equipment containing a PCB Transformer or a PCB Large High Voltage Capacitor at the time of manufacture, at the time of distribution in commerce if not already marked, and at the time of removal of the equipment from use if not already marked;
(5) PCB Large Low Voltage Capacitors at the time of removal from use (see also paragraph (k) of this section).
(6) Electric motors using PCB coolants (See also paragraph (e) of this section).
(7) Hydraulic systems using PCB hydraulic fluid (See also paragraph (e) of this section);
(8) Heat transfer systems (other than PCB Transformers) using PCBs (See also paragraph (e) of this section);
(9) PCB Article Containers containing articles or equipment that must be marked under paragraphs (a) (1) through (8) of this section;
(10) Each storage area used to store PCBs and PCB Items for disposal.
(b) As of October 1, 1978, each transport vehicle loaded with PCB Containers that contain more than 45 kg (99.4 lbs.) of liquid PCBs at concentrations of =50 ppm or with one or more PCB Transformers shall be marked on each end and each side with the ML mark as described in §761.45(a).
(c) As of January 1, 1979, the following PCB Articles shall be marked with mark ML as described in §761.45(a):
(1) All PCB Transformers not marked under paragraph (a) of this section [marking of PCB-Contaminated Electrical Equipment is not required];
(2) All PCB Large High Voltage Capacitors not marked under paragraph (a) of this section
(i) Will be marked individually with mark ML, or
(ii) If one or more PCB Large High Voltage Capacitors are installed in a protected location such as on a power pole, or structure, or behind a fence; 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.
(d) As of January 1, 1979, all PCB Equipment containing a PCB Small Capacitor shall be marked at the time of manufacture with the statement, “This equipment contains PCB Capacitor(s)”. The mark shall be of the same size as the mark ML.
(e) As of October 1, 1979, applicable PCB Items 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 the ML mark as described in §761.45(a).
(f) Where mark ML is specified but the PCB Article or PCB Equipment is too small to accomodate the smallest permissible size of mark ML, mark MS as described in §761.45(b), may be used instead of mark ML.
(g) Each large low voltage capacitor, each small capacitor normally used in alternating current circuits, and each fluorescent light ballast manufactured (“manufactured”, for purposes of this sentence, means built) between July 1, 1978 and July 1, 1998 that do not contain PCBs shall be marked by the manufacturer at the time of manufacture with the statement, “No PCBs”. The mark shall be of similar durability and readability as other marking that indicate electrical information, part numbers, or the manufacturer's name. For purposes of this paragraph marking requirement only is applicable to items built domestically or abroad after June 30, 1978.
(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.
(i) Any chemical substance or mixture that is manufactured after the effective date of this rule and that contains less than 500 ppm PCB (0.05% on a dry weight basis), including PCB that is a byproduct or impurity, must be marked in accordance with any requirements contained in the exemption granted by EPA to permit such manufacture and is not subject to any other requirement in this subpart unless so specified in the exemption. This paragraph applies only to containers of chemical substances or mixtures. PCB articles and equipment into which the chemical substances or mixtures are processed, are subject to the marking requirements contained elsewhere in this subpart.
(j) PCB Transformer locations shall be marked as follows:
(1) Except as provided in paragraph (j)(2) of this section, as of December 1, 1985, the vault door, machinery room door, fence, hallway, or means of access, other than grates and manhole covers, to a PCB Transformer must be marked with the mark ML as required by paragraph (a) of this section.
(2) A mark other than the ML mark may be used provided all of the following conditions are met:
(i) The program using such an alternative mark was initiated prior to August 15, 1985, and can be substantiated with documentation.
(ii) Prior to August 15, 1985, coordination between the transformer owner and the primary fire department occurred, and the primary fire department knows, accepts, and recognizes what the alternative mark means, and that this can be substantiated with documentation.
(iii) The EPA Regional Administrator in the appropriate region is informed in writing of the use of the alternative mark by October 3, 1988 and is provided with documentation that the program began before August 15, 1985, and documentation that demonstrates that prior to that date the primary fire department knew, accepted and recognized the meaning of the mark, and included this information in firefighting training.
(iv) The Regional Administrator will either approve or disapprove in writing the use of an alternative mark within 30 days of receipt of the documentation of a program.
(3) Any mark placed in accordance with the requirements of this section must be placed in the locations described in paragraph (j)(1) of this section and in a manner that can be easily read by emergency response personnel fighting a fire involving this equipment.
(k) As of April 26, 1999 the following PCB Items shall be marked with the ML mark as described in §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 owner or operator shall mark the pole, structure, or fence with the ML mark, and maintain a record or procedure identifying the PCB Capacitors at the protected location. PCB Large Low Voltage Capacitors in inaccessible locations inside equipment need not be marked individually, provided the owner or operator marks the equipment in accordance with paragraph (k)(2) of this section, and marks the individual capacitors at the time of removal from use in accordance with paragraph (a) of this section.
(2) All equipment not marked under paragraph (a) of this section containing a PCB Transformer or a PCB Large High or Low Voltage Capacitor.
(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 §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 §761.45(a).
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982, and amended at 47 FR 37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15, 1988; 53 FR 27329, July 19, 1988; 63 FR 35443, June 29, 1998; 64 FR 33760, June 24, 1999]
§ 761.45 Marking formats.
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The following formats shall be used for marking:
(a) Large PCB Mark—ML. Mark ML shall be as shown in Figure 1, letters and striping on a white or yellow background and shall be sufficiently durable to equal or exceed the life (including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The size of the mark shall be at least 15.25 cm (6 inches) on each side. If the PCB Article or PCB Equipment is too small to accommodate this size, the mark may be reduced in size proportionately down to a minimum of 5 cm (2 inches) on each side.
(b) Small PCB Mark—Ms. Mark Ms shall be as shown in Figure 2, letters and striping on a white or yellow background, and shall be sufficiently durable to equal or exceed the life (including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The mark shall be a rectangle 2.5 by 5 cm (1 inch by 2 inches). If the PCB Article or PCB Equipment is too small to accommodate this size, the mark may be reduced in size proportionately down to a minimum of 1 by 2 cm (.4 by .8 inches).
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[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982]
Subpart D—Storage and Disposal
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§ 761.50 Applicability.
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(a) General PCB disposal requirements. Any person storing or disposing of PCB waste must do so in accordance with subpart D of this part. The following prohibitions and conditions apply to all PCB waste storage and disposal:
(1) No person may open burn PCBs. Combustion of PCBs approved under §761.60 (a) or (e), or otherwise allowed under part 761, is not open burning.
(2) No person may process liquid PCBs into non-liquid forms to circumvent the high temperature incineration requirements of §761.60(a).
(3) No person may discharge water containing PCBs to a treatment works (as defined §503.9(aa) of this chapter) or to navigable waters unless the PCB concentration is <3 µg/L (approximately 3 ppb), or unless the discharge is in accordance with a PCB discharge limit included in a permit issued under section 307(b) or 402 of the Clean Water Act.
(4) Spills and other uncontrolled discharges of PCBs at concentrations of =50 ppm constitute the disposal of PCBs.
(5) Any person land disposing of non-liquid PCBs may avoid otherwise-applicable sampling requirements by presuming that the PCBs disposed of are =500 ppm (or =100 µg/100 cm 2 if no free-flowing liquids are present).
(6) Any person storing or disposing of PCBs is also responsible for determining and complying with all other applicable Federal, State, and local laws and regulations.
(b) PCB waste—(1) PCB liquids. Any person removing PCB liquids from use (i.e., not PCB remediation waste) must dispose of them in accordance with §761.60(a), or decontaminate them in accordance with §761.79.
(2) PCB Items. Any person removing from use a PCB Item containing an intact and non-leaking PCB Article must dispose of it in accordance with §761.60(b), or decontaminate it in accordance with §761.79. PCB Items where the PCB Articles are no longer intact and non-leaking are regulated for disposal as PCB bulk product waste under §761.62(a) or (c).
(i) Fluorescent light ballasts containing PCBs only in an intact and non-leaking PCB Small Capacitor are regulated for disposal under §761.60(b)(2)(ii).
(ii) Fluorescent light ballasts containing PCBs in the potting material are regulated for disposal as PCB bulk product waste under §761.62.
(3) PCB remediation waste. PCB remediation waste, including PCB sewage sludge, is regulated for cleanup and disposal in accordance with §761.61.
(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:
(A) Sites containing these wastes are presumed not to present an unreasonable risk of injury to health or the environment from exposure to PCBs at the site. However, the EPA Regional Administrator may inform the owner or operator of the site that there is reason to believe that spills, leaks, or other uncontrolled releases or discharges, such as leaching, from the site constitute ongoing disposal that may present an unreasonable risk of injury to health or the environment from exposure to PCBs at the site, and may require the owner or operator to generate data necessary to characterize the risk. If after reviewing any such data, the EPA Regional Administrator makes a finding, that an unreasonable risk exists, then he or she may direct the owner or operator of the site to dispose of the PCB remediation waste in accordance with §761.61 such that an unreasonable risk of injury no longer exists.
(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 §761.61. Disposal of the PCB remediation waste must comply with §761.61. However, cleanup of those wastes that is not in complete compliance with §761.61 will not afford the responsible party with relief from the applicable PCB regulations for that waste.
(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:
(A) In accordance with the PCB Spill Cleanup Policy (Policy) at subpart G of this part, for those PCB remediation wastes that meet the criteria of the Policy. Consult the Policy for a description of the spills it covers and its notification and timing requirements.
(B) In accordance with §761.61. Complete compliance with §761.61 does not create a presumption against enforcement action for penalties for any unauthorized PCB disposal.
(iii) The owner or operator of a site containing PCB remediation waste has the burden of proving the date that the waste was placed in a land disposal facility, spilled, or otherwise released into the environment, and the concentration of the original spill.
(4) PCB bulk product waste—(i) General. Any person disposing of PCB bulk product waste must do so in accordance with §761.62. PCB bulk product waste, as that term is defined in §761.3, is waste that was =50 ppm when originally removed from service, even if its current PCB concentration is <50 ppm. PCB bulk product waste is regulated for disposal based on the risk from the waste once disposed of. For waste which is land disposed, the waste is regulated based on how readily the waste is released from disposal to the environment, in particular by leaching out from the land disposal unit.
(ii) Metal surfaces in contact with PCBs. Any person disposing of metal surfaces in contact with PCBs (e.g., painted metal) may use thermal decontamination procedures in accordance with §761.79(c)(6) (see §761.62(a)(6)).
(5) PCB household waste. Any person storing or disposing of PCB household waste, as that term is defined in §761.3, must do so in accordance with §761.63.
(6) PCB research and development waste. Any person disposing of PCB wastes generated during and as a result of research and development for use under §761.30(j), or for disposal under §761.60(j), must do so in accordance with §761.64.
(7) PCB/Radioactive waste. (i) Any person storing PCB/radioactive waste =50 ppm PCBs must do so taking into account both its PCB concentration and its radioactive properties, except as provided in §761.65(a)(1), (b)(1)(ii), and (c)(6)(i).
(ii) Any person disposing of PCB/radioactive waste must do so taking into account both its PCB concentration and its radioactive properties. If, taking into account only the properties of the PCBs in the waste (and not the radioactive properties of the waste), the waste meets the requirements for disposal in a facility permitted, licensed, or registered by a State as a municipal or non-municipal non-hazardous waste landfill (e.g., PCB bulk product waste under §761.62(b)(1)), then the person may dispose of the PCB/radioactive waste, without regard to the PCB component of the waste, on the basis of its radioactive properties in accordance with all applicable requirements for the radioactive component of the waste.
(8) Porous surfaces. In most cases a person must dispose of porous surfaces as materials where PCBs have penetrated far beneath the surface, rather than a simple surface contamination. Any person disposing of porous surfaces on which PCBs have been spilled and meeting the definition of PCB remediation waste at §761.3 must do so in accordance with §761.61. Any person disposing of porous surfaces which are part of manufactured non-liquid products containing PCBs and meeting the definition of PCB bulk product waste at §761.3 must do so in accordance with §761.62. Any person may decontaminate concrete surfaces upon which PCBs have been spilled in accordance with §761.79(b)(4), if the decontamination procedure is commenced within 72 hours of the initial spill of PCBs to the concrete or portion thereof being decontaminated. Any person may decontaminate porous non-liquid PCBs in contact with non-porous surfaces, such as underground metal fuel tanks coated with fire retardant resin or pitch, for purposes of unrestricted use or disposal in a smelter in accordance with §761.79(b)(3).
(c) Storage for disposal. Any person who holds PCB waste must store it in accordance with §761.65.
(d) Performance specifications for disposal technologies—(1) Incinerators. Any person using an incinerator to dispose of PCBs must use an incinerator that meets the criteria set forth in §761.70.
(2) High efficiency boilers. Any person using a high efficiency boiler to dispose of PCBs must use a boiler that meets the criteria set forth in §761.71.
(3) Scrap metal recovery ovens and smelters. Any person using scrap metal recovery ovens and smelters to dispose of PCBs must use a device that meets the criteria set forth in §761.72.
(4) Chemical waste landfills. Any person using a chemical waste landfill to dispose of PCBs must use a chemical waste landfill that meets the criteria set forth in §761.75.
(e) TSCA PCB Coordinated Approval. Any person seeking a TSCA PCB Coordinated Approval must follow the procedures set forth in §761.77.
[63 FR 35444, June 29, 1998, as amended at 64 FR 33760, June 24, 1999]
§ 761.60 Disposal requirements.
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(a) PCB liquids. PCB liquids at concentrations =50 ppm must be disposed of in an incinerator which complies with §761.70, except that PCB liquids at concentrations =50 ppm and <500 ppm may be disposed of as follows:
(1) For mineral oil dielectric fluid, in a high efficiency boiler according to §761.71(a).
(2) For liquids other than mineral oil dielectric fluid, in a high efficiency boiler according to §761.71(b).
(3) For liquids from incidental sources, such as precipitation, condensation, leachate or load separation and are associated with PCB Articles or non-liquid PCB wastes, in a chemical waste landfill which complies with §761.75 if:
(i) [Reserved]
(ii) Information is provided to or obtained by the owner or operator of the chemical waste landfill that shows that the liquids do not exceed 500 ppm PCB and are not an ignitable waste as described in §761.75(b)(8)(iii).
(b) PCB Articles. This paragraph does not authorize disposal that is otherwise prohibited in §761.20 or elsewhere in this part.
(1) Transformers. (i) PCB Transformers shall be disposed of in accordance with either of the following:
(A) In an incinerator that complies with §761.70; or
(B) In a chemical waste landfill approved under §761.75; provided that all free-flowing liquid is removed from the transformer, the transformer is filled with a solvent, the transformer is allowed to stand for at least 18 continuous hours, and then the solvent is thoroughly removed. 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 §761.70 of this part, or shall decontaminate them in accordance with §761.79. Solvents may include kerosene, xylene, toluene, and other solvents in which PCBs are readily soluble. Any person disposing of these PCB liquids must ensure that the solvent flushing procedure is conducted in accordance with applicable safety and health standards as required by Federal or State regulations.
(ii) [Reserved]
(2) PCB Capacitors. (i) The disposal of any capacitor shall comply with all requirements of this subpart 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.
(ii) Any person may dispose of PCB Small Capacitors as municipal solid waste, unless that person is subject to the requirements of paragraph (b)(2)(iv) of this section.
(iii) Any PCB Large High or Low Voltage Capacitor which contains 500 ppm or greater PCBs, owned by any person, shall be disposed of in accordance with either of the following:
(A) Disposal in an incinerator that complies with §761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill that complies with §761.75.
(iv) 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 place the PCB Small Capacitors in a container meeting the DOT packaging requirements at 49 CFR parts 171 through 180 and dispose of them in accordance with either of the following:
(A) Disposal in an incinerator which complies with §761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill which complies with §761.75.
(v) Notwithstanding the restrictions imposed by paragraph (b)(2)(iii)(B) or (b)(2)(iv)(B) of this section, PCB capacitors may be disposed of in PCB chemical waste landfills that comply with §761.75 subsequent to March 1, 1981, if the Assistant Administrator for Prevention, Pesticides and Toxic Substances publishes a notice in the Federal Register declaring that those landfills are available for such disposal and explaining the reasons for the extension or reopening. An extension or reopening for disposal of PCB capacitors that is granted under this subsection shall be subject to such terms and conditions as the Assistant Administrator may prescribe and shall be in effect for such period as the Assistant Administrator may prescribe. The Assistant Administrator may permit disposal of PCB capacitors in EPA approved chemical waste landfills after March 1, 1981, if in his opinion, (continued)