UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
... RGB Q & A MANUAL
An EPA TSCA assistance document designed to provide the regulated
community with Agency interpretations to frequently posed questions.
Prepared for:
EPA CHEMICAL REGULATIONS BRANCH
TSCA ASSISTANCE OFFICE
by:
J. MARK PENNELL
Regulatory Compliance Services, Inc.
Joyce Kllgore, Project Coordinator
John L. Penned, Staff Consultant
1989 EDITION
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- FOREWORD -
The PCB Q & A Manual has been prepared to assist the user in answering frequently
asked questions on the PCB regulations. It is a quick source of information that will be
updated as new rules and policies become final. The looseleaf style and pagination
within chapters will facilitate updating as needed. Each time a new chapter is added, a
new table of contents and a new alphabetical list of chapters will also be generated. For
example, when the "Notification and Manifesting Rule" is finalized, a new chapter will be
added. All persons to whom EPA has sent the PCB Q & A Manual will automatically
receive updates with instructions to add and/or replace pages already in the binder.
Please complete the following Update Request Form and mail this entire page to
to receive these PCB Q & A Manual Updates and Revisions.
- PCB Q & A MANUAL -
Update Request Form
FACILITY:
STREET ADDRESS:
CITY: STATE: ZIP:
ATTENTION:
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--PCBQ&A MANUAL-
TABLE OF CONTENTS
Introduction i
History of the RGB Regulations iii
PCBs in the Workplace vii
CHAPTER:
I. Transformers
II. Capacitors
III. Heat Transfer and Hydraulic Systems
IV. Natural Gas Pipelines
V. Electromagnets, Switches, and Voltage Regulators
VI. Circuit Breakers. Reclosures, and Cable
VII. Research and Development
VIII. Microscopic Mounting Medium and Optical Liquids
IX. Carbonless Copy Paper
X. Excluded PCB Products
XI. Recycled PCBs and Excluded Manufacturing Processes
XII. PCB Storage Requirements
XIII. PCB Disposal Requirements
XIV. PCB Spill Cleanup Policy
XV. PCB Fire-Related Requirements
XVI. Recordkeeping and Reporting
XVII. PCB Testing Procedures
XVIII. Import and Export
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- PCB Q & A MANUAL --
ALPHABETICAL LIST OF CHAPTERS
CHAPTER:
II. Capacitors
IX. Carbonless Copy Paper
VI. Circuit Breakers, Reclosures, and Cable
V. Electromagnets, Switches, and Voltage Regulators
X. Excluded PCB Products
III. Heat Transfer and Hydraulic Systems
XVIII. Import and Export
VIII. Microscopic Mounting Medium and Optical Liquids
IV. Natural Gas Pipelines
XIII. PCB Disposal Requirements
XV. PCB Fire-Related Requirements
XIV. PCB Spill Cleanup Policy
XII PCB Storage Requirements
XVII. PCB Testing Procedures
XVI. Recordkeeping and Reporting
XI. Recycled PCBs and Excluded Manufacturing Processes
VII. Research and Development
I. Transformers
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- INTRODUCTION -
The term PCS is an acronym for polychlorinated biphenyl. PCBs are produced by
attaching one or more chlorine atoms to a biphenyl molecule. As one of the most stable
organic compounds known, their properties made them useful as dielectric fluid in
various types of electrical equipment and heat transfer systems.
Monsanto Corporation was the principal manufacturer of PCBs for use as a dielectric
fluid in electrical and heat transfer equipment. In 1977, they voluntarily ceased
production of PCBs because of widespread environmental concerns about the
chemical.
PCBs were sold under the trade name "Aroclor." However, companies that used PCBs
in the manufacture of transformers and capacitors, and for other uses, often used other
trade names. Common trade names for PCBs include the following:
COMMON TRADE NAMES
Aroclor Chlorextol Elemex Pyranol
ArochlorB Chlorinol Eucarel Saf-T-Kuhl
Asbestol Chlorphen Hyvol Sanotherm
Askarel* Diaclor Inerteen
Adkarel Dykanol No-Flamol
*Askarel is also the generic term used for nonflammable insulating liquid in transformers
and capacitors.
"Askarel" PCBs are chemical mixtures containing many different PCS congeners. They
have a heavy, liquid, oil-like consistency, and weigh 10 to 12 pounds per gallon. They
are very stable, exhibit low water solubility, low vapor pressure, low flammability, high
heat capacity, low electrical conductivity, and have a favorabie dielectric constant.
When PCBs were manufactured as dielectric fluid for transformers, they were often
mixed with certain organic solvents such as chlorinated benzenes. Therefore, the
dielectric fluids present in the electrical transformers containing PCBs are usually not
pure PCB. The presence of these other chemicals influences the physical/chemical
properties of the Askarel fluid.
PCBs are also produced as byproducts and process impurities in certain chemical
manufacturing processes and may vary from a single isomer to a variety of congeners
and display different physical and chemical properties, depending on the number of
isomers and the degree of chlorination (the number of chlorine atoms attached to the
biphenyl molecule). PCBs with fewer chlorine atoms are, in general, less persistent,
more water soluble and more flammable than PCBs with more chlorine atoms.
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HEALTH EFFECTS
The Environmental Protection Agency (EPA) has determined that PCBs are toxic and
persistent. Available laboratory animal studies indicate an oncogenic potential whose
degree varies with exposure. Epidemiological data are not now adequate to confirm or
negate oncogenic potential in humans. Further epidemiological research is needed to
correlate human and animal data. However, EPA finds no evidence to suggest that the
animal data would not predict an oncogenic potential in humans.
PCBs can enter the body through the lungs, gastrointestinal tract, and skin. They
circulate throughout the body and are stored in the body's fatty tissue. EPA finds that
PCB exposure may cause negative reproductive effects and developmental toxicity in
humans. Available data show that some PCBs have the ability to alter reproductive
processes in mammals, sometimes even at doses that do not cause other signs of
toxicity. Animal data and limited available data on humans suggest that prenatal
exposure to PCBs can result in various degrees of developmental effects. Postnatal
effects have been demonstrated on immature animals, following exposure to PCBs
prenatally and via breast milk.
In some cases, chloracne may occur in humans exposed to PCBs. Severe cases of
choloracne are painful and disfiguring, and may be persistent. Although the effects of
chloracne are reversible, EPA considers these effects to be significant. For more
information on the health effects of PCBs, The Response to Comments on the Health
Effects of PCBs submitted by the Chemical Manufacturers Association and the Edison
Electric Institute is available from the TSCA Assistance Office at 202-554-1404.
In addition to the toxic effects related to exposure to PCBs alone, EPA is very
concerned about the toxicity of the chemicals produced when PCBs are involved in
fire-related incidents. These chemicals include polychlorinated dibenzofurans (PCDFs)
and polychlorinated dibenzo-p-dioxins (PCDDs), both of which are believed to be much
more toxic than PCBs themselves. Toxicological effects of these chemicals include
embrotoxicity, teratogenicity, reproductive effects and oncogenicity. Other compounds
of toxicological significance may also be produced and released from fires involving
PCB equipment. For further information on the health effects of dioxins, The Ambient
Water Quality Criteria For 2, 3. 7. 8-Tetrachlorodibenzo-p-dixoin is available from the
TSCA Assistance Office at 202-554-1404.
ENVIRONMENTAL EFFECTS
Certain PCB congeners are among the most stable chemicals known and decompose
very slowly once they are released into the environment. They remain in the
environment and are taken up and stored in the fatty tissue of organisms. EPA has
concluded that PCBs can be concentrated in freshwater and marine organisms.
Available data show that PCBs affect the productivity of phytoplankton and the
composition of phytoplankton communities. They also cause deleterious effects on
environmentally important freshwater invertebrates and impair reproductive success in
birds and mammals.
PCBs are toxic to fish at very low exposure levels and can adversely affect their survival
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rate and reproductive success. The literature shows that various sublethal physiological
effects on bone development and reproductive organs are attributed to exposure to
RGBs. The transfer of RGBs up the food chain from phytoplankton to invertebrates, fish,
and mammals can result in human exposure through consumption of RGB-containing
food sources.
- HISTORY OF THE PCS REGULATIONS -
In 1976, United States Congress enacted the Toxic Substances Control Act (TSCA),
which directed EPA to control the manufacture, processing, distribution in commerce,
use, disposal, and marking of RGBs. In recognition of the risks associated with RGBs
and thnir widespread distribution throughout the environment, Section 6(e) of TSCA
requires proper disposal of RGBs, and generally prohibits the further manufacture,
processing, distribution in commerce, and "non totally enclosed" use of RGBs. Further,
Section 6(e) of TSCA requires EPA to develop regulations to implement these
provisions.
RGB marking and disposal regulations were published in the Federal Register on
February 17,1978. A final RGB ban rule superseded the February 17,1978
requirements and included provisions banning the manufacture, processing, distribution
in commerce, and use of RGBs. The RGB "Ban Rule" (Federal Register May 31,1979)
became effective on July 2, 1979.
The May 31, 1979 Rule:
Called the use of all electrical equipment "totally enclosed", which allowed its
use without restrictions or conditions;
Established a 50 ppm RGB regulatory cutoff for manufacturing, processing,
distribution in commerce, and use; and
Authorized the use of RGBs under specific conditions and time constraints for
eleven activities. These activities were:
Servicing transformers (other than railroad transformers),
Use in and servicing of mining equipment,
Use in heat transfer systems,
Use in hydraulic systems,
Use in carbonless copy paper,
Use in pigments,
Use in and servicing of electromagnets.
Use in natural gas pipelines,
Use in small quantities for research and development, and
Use as a mounting medium in microscopy.
The Environmental Defense Fund (EOF) challenged several provisions of the May 1979
rule, and in October of 1980, the U.S. Court of Appeals for the District of Columbia ruled
that there was insufficient evidence in the record to support several provisions of the
Hi
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May 1979 rule. Specifically, the court struck down the classification of transformers,
capacitors, and electromagnets as 'totally enclosed", and the regulatory cutoff at 50
ppm for the manufacture, processing, distribution in commerce, and use of PCBs. The
eleven use authorizations contained in the May 1979 rule remained in effect.
Since the court's decision would have resulted in great economic and personal
hardship, EPA, EOF, and certain industry representatives filed a joint motion seeking a
stay of the court's mandate until further rulemaking could be completed. The court
granted the stay. If this stay had not gone into effect, PCBs at any concentration would
have been banned, except for the eleven authorized uses.
On August 25, 1982, EPA issued a final rule governing the use and servicing of
electrical equipment containing PCBs. This final rule was issued as a result of the
court's decision to strike down the May 1979 rule's classification of transformers,
capacitors and electromagnets as "totally enclosed". In the August 25,1982 rule, EPA
authorized the use of electrical equipment containing PCBs with certain conditions and
restrictions intended to minimize human and environmental exposures to PCBs.
On October 21,1982, EPA issued part one of a two part rule to address the 50 ppm
regulatory cut-off. This final rule addressed closed and controlled waste manufacturing
processes. EPA submitted a plan to the court on November 1,1982, that requested a
further extension of the stay of mandate for the 50 ppm cut-off and presented plans for
the completion of the rulemaking on this issue. (The October 21,1982 was superseded
later by the "Uncontrolled PCB's Rule" issued on July 10,1984.)
In addition to issuing rules as a result of the court decision in October 1980, EPA also
promulgated an amendment to the Use Authorization for Railroad Transformers which
originally appeared in the May 1979 rule. On January 3,1983, EPA published a final rule
amending and extending the use authorization for PCS railroad transformers.
On March 30,1983, EPA promulgated a procedural change in the approval process for
mobile and non-unique disposal facilities. The authority for granting or denying approval
of these facilities was transferred from the regions to EPA headquarters.
On July 10,1984, several rulings were made final. One rule addressed individual and
class petitions for exemption from the prohibition against the manufacture, processing,
and distribution in commerce of PCBs. EPA also authorized indefinitely the use of PCBs
as a mounting medium in microscopy, as optical liquids, and as immersion oils in low
fluorescence microscopy. The use of small quantities of PCBs for use in research and
development was authorized indefinitely. PCBs with concentrations below 50 ppm,
under certain conditions and restrictions, were authorized for use in hydraulic and heat
transfer fuild and in the compressors and liquid of natural gas pipeline systems.
On July 10, 1984, EPA also issued an amendment to the October 21,1982 rule. This
"Uncontrolled PCB's Rule" completed part two fo EPA's earlier 1982 rulemaking
regulatory cutoff for PCBs, which was overturned in the 1980 Court decison. This rule
excluded additional processes from regulation based upon EPA's determination that
these processes do not present an unreasonable risk of injury to human health or the
environment. Among other things, the rule permitted the manufacturing, processing,
distribution in commerce and use of inadvertently generated PCBs and recycled PCBs
iv
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under limited circumstances. This amendment replaced the terms "Closed
Manufacturing Process" and "Controlled Waste Manufacturing Process" with "Excluded
Manufacturing Process".
On November 8, 1984, a final rule was issued that revised the definition of Totally
Enclosed Manner". It changed from "any manner that will ensure that any exposure of
human beings or the environment to any concentration of PCBs will be insignificant,
that is, not measurable or detectable by any scientifically acceptable method" to "any
manner that will ensure no exposure of human beings or the environment to any
concentration of PCBs."
The "PCB Transformer Fires Rule" was published on July 17, 1985. This final rule
amended portions of the August 25,1982 electrical equipment rule by placing additional
restrictions and conditions on the use of PCB Transformers (electrical transformers
containing 500 ppm or greater PCBs). This rule prohibited the use of higher secondary
voltage (480 volts and above) network PCB Transformers in or near commercial
buildings after October 1,19SO. By October 1,19SO, it required the installation of
enhanced electrical protection on lower secondary voltage network PCB Transformers
and higher secondary voltage radial PCB Transformers in use in or near commercial
buildings. It prohibited further installation of PCB Transformers in or near commercial
buildings after October 1,1985 and required the registration by December 1,1985 of all
PCB Transformers with fire response personnel and building owners. Further, the ruling
required, by December 1,1985, the marking of the exterior of all PCB Transformer
locations and the removal of all stored combustibles located near PCB transformers.
This rule also required owners of PCB Transformers involved in fire-related incidents to
notify the National Response Center immediately and to take measures as soon as
possible to contain any potential releases of PCBs or incomplete combustion products
to water.
On August 8,1985, EPA addressed 22 petitions for exemption from the prohibition
against manufacture, processing, and distribution in commerce of PCBs.
A clarification of the July 17, 1985 rule was published on December 31, 1986. It
addressed the following areas of the regulation:
the PCB Transformer registration requirement,
the requirement for the removal of stored combustibles,
the requirement to notify fire related incidents to the National Response
Center,
the definition of commercial building,
the status of mineral oil transformers found to have over 500 ppm PCBs,
the ban on the installation of PCB Transformers in or near commercial
buildings,
the requirement for labelling of exterior access to PCB Transformer locations.
A final rule on the National PCB Spill Cleanup Policy was published on April 2,1987.
The policy establishes requirements for the cleanup of spills from the release of
materials containing PCBs at concentrations of 50 ppm or greater. It requires cleanup of
PCBs to different levels depending on the spill location, the potential for exposure to
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residual RGBs remaining after the cleanup, the concentration of the RGBs initially spilled
and the nature and size of the population potentially at risk of exposure. The policy
imposes the most stringent requirements on areas where there is the greatest potential
for human exposure to spilled RGBs; less stringent requirements where the type and
degree of contact present lower potential exposure; and even less stringent
requirements where there is little potential for any direct human exposure.
While the policy applies to the majority of spill situations, it does provide for exceptional
situations that may require additional cleanup at the descretion of the EPA regional
office.
On June 27,1988, EPA published final amendments to the "Uncontrolled PCBs Rule"
(Federal Register July 10,1984) which excluded additional materials containing less
than 50 ppm PCBs from regulation. The amendments did the following: 1) eliminated
the requirement that maintenance workers wear Vitonฎ elastomer gloves when
servicing heat transfer and hydraulic systems; 2) allow the use of and distribution in
commerce of certain equipment and materials that have been adequately
decontaminated; 3) maintains the 3 parts per billion (ppb) water discharge limit from
paper processing mills or allow from equivalent mass-based limitation for water
discharges to be met; 4) prohibited the burning for fuel of oil containing 2 to 49 ppm
PCBs in non-industrial boilers and furnaces; and 5) excluded from the ban on
processing, distribution in commerce, and use certain products containing less than 50
ppm PCBs. The effect of this amendment is to allow the use, processing and
distribution is commerce of all PCBs less than 50 ppm under certain circumstances. The
only remaining prohibitions on PCBs less than 50 ppm are as a dust control agent,
sealant, coating and use as a fuel in non-industrial boilers and furnaces.
On July 19,1988 EPA published amendments to the "PCB Transformer Fires
Rule"(Federal Register July 17,1985). The amendments include: 1) modification of the
enhanced electrical protection provision for non-sidewalk lower secondary voltage
network RGB Transformers; 2) prohibiting the use, as of October 1,1993, of all lower
secondary voltage network RGB Transformers located in sidewalk vaults; 3) allowing
the installation of PCB Transformers in or near a commercial building only for
reclassification or emergency purposes; 4) allowing the use with modifications of an
alternate label (other than MJ on the exterior of PCB Transformer locations; and 5)
setting up a schedule of compliance for mineral oil transformers thought to be PCB
contaminated (i.e. 50-499 ppm) and later determined to be a PCB Transformer (i.e. >
500 ppm).
VI
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- RGBs IN THE WORKPLACE -
There are Occupational Safety and Health Administration (OSHA) regulations governing
PCBs in the workplace. OSHA has in place two 8 hour time-weighted averages (TWAs)
for chlorodiphenyl. For chlorodiphenyl containing 42% chlorine, the TWA is 1.0 mg/m3
of workplace air. For chlorodiphenyl containing 54% chlorine, the TWA is 0.5 mg/m3 of
workplace air. An employee's exposure to PCBs in any 8 hour workshift of a 40 hour
week cannot exceed these concentrations. Further, employers are required to ensure a
safe workplace under OSHA regulations. If specific standards are not applicable, this
general requirement for a safe workplace would apply.
The National Institute for Occupational Safety and Health (NIOSH) recommends a lower
standard for worker exposure of 1.0 ug/m3.
EPA's rules do not directly regulate workers, but the rules do restrict or prohibit certain
PCB activities and reduce the amount of PCBs in the workplace. Therefore, the number
of workers exposed to PCBs has been dramatically reduced. The EPA rules prohibit
PCB transformer rebuilding (except for railroad transformers) that involves the removal
of the transformer's coil. Prohibitions have terminated activities that have resulted in the
major long term occupational exposure to high concentrations of PCBs. However,
worker exposure can still occur as a result of PCB spills and authorized servicing
operations for PCB transformers.
PROTECTIVE CLOTHING
The type of protective clothing that should be worn when working with PCBs depends
on the individual circumstances. Protective clothing and equipment for workers is
intended to prevent skin and eye contact and to control respiratory exposure.
In any operation where workers may come into contact with PCBs, protective clothing
impervious to PCBs should be worn. Gloves, boots, overshoes, and bib-type aprons
that cover boot tops should be provided, when necessary.
Non-porous gloves and boots and heavy overalls can usually protect the skin. For
major spill clean-up activities, a full suit of non-porous clothing may be approrpiate.
Also, non-porous aprons can be effective in reducing contamination of worker clothing.
The following tables rate comparable materials used to protect against dermal exposure
to PCBs.
VII
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COMPARATIVE TABLES ON MATERIALS USED
TO PROTECT AGAINST DERMAL EXPOSURE TO PCBs
August 17, 1982 715-M-135
*Table 1. Recommendations for Protection Against Aroclor 1254 Undiluted and
Paraffin Oila
Highly Recommended
Vitron
Vitron SF
Vitrile
Recommended
Teflon6-0
Polyvinyl alcohol
Nitrileb
Not Recommended
Surgical rubber
Polyethylene
Neoprene
Saranexb
Butyl6
Table 2. Recommendations for Protection Against Aroclor 1254 in
Trichlorobenzene:> 58% Arochlor 1254a
Highly Recommended Recommended Not Recommended
Vitrol Teflon Saranex
Vitron SF Nitrile Butyl
Polyvinyl alcohol Neoprene
Vitrile Polythylene
Surgical rubber
a. "Highly Recommended" materials showed no breakthrough in 24 hours.
Breakthrough time was 8 to 24 hours for the "Recommended" category.
Breakthrough time was less than 8 hours for the "Not Recommended" category.
These recommendations assume comparable thickness, thus are based on
normalized breakthrough times.
b. Investigators noticed what appeared to be defects in both Butyl and
Saranex-laminated tyvek and nitrile; in one Teflon thumb, penetration appeared to
occur through a seam.
c. Teflon is not highly recommended because when it is flexed, as it would be when
worn, permeation sometimes takes place due to physical defects which flexing
produces.
*From the EPA/OTS TSCA Public Files; Versar, Inc. OPTS 62017 PCBs Controlled
Wastes Communication N 23 File.
VIII
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'BREAKTHROUGH TIMES FOR VARIOUS PROTECTIVE GARMENT
MATERIALS EXPOSED TO PCBs
TYPE OF MATERIAL
THICKNESS (mils)
TIME (min)
Homogeneous, nonbonded
Butyl rubber
Neoprene rubber latex
Nitrile rubber latex
Nitrile rubber milled
Polyethylene, medium density
Poly (vinyl alcohol), unsupported
Surgical rubber latex
Treflon, crumpled
Treflon, noncrumpled
Viton elastomer
22
23
8
12
2
15
8
2
2
10
2.5
0.5
1.0
0.8
0.6
0.3
60.0
0.3
Coated, bonded**
Butyl-coated nylon***
Polyethylene-coated
Tyvek
Tyvek toward H20
Polyethylene toward H20
Polyethylene-coated nylon
Poly (vinyl chloride)-coated nylon
15
5
4
10
0.5
0.5
The report notes that the coated/bonded materials are not commonly used for glove
materials. They are in the prototype stage, or are used exclusively for other protective
garments, such as aprons.
** These are also referred to as composite or multilayered materials.
*** MilC-12189
Testing was not performed.
*From the EPA/OTS TSCA Public Files; Versar Inc. OPTS 62017 PCB Controlled
Wastes File. Weeks and McLeod 1980.
IX
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EYE PROTECTION/RESPIRATORY EXPOSURE CONTROL
Eye protection (chemical safety goggles, face shields with goggles or safety glasses
with side shields) should be worn during any operation in which PCBs are present. If
liquid or solid PCBs contact the eyes, they should be irrigated immediately with large
quantities of water and then a physician or other responsible medical personnel should
examine them.
Respiratory exposure control (whether individual protestion or workplace control) is
most relevant for long term production operations or major spills, when concentrations
of airborn PCBs may exceed the recommended occupational exposure limit. PCB
transformer spills can pose respiratory problems when solvents, such as
trichlorobenzene, are mixed with PCBs. Small spills, such as capacitor failures, seldom
pose respiratory problems, but protection should be provided for incidents in confined
areas. The following chart outlines the National Institute for Occupational Safety and
Health (NIOSH) recommendations for respiratory protection from PCBs.
'Respirator Selection Guide
Respiratory Type Approved Under
Concentration of PCBs Provisions of 30 CFR 11
Greater than 1.0 ug/cu m (1) Self-contained breathing apparatus
or Emergency (entry into with full facepiece operated in
areas of unknown pressure-demand or other
concentration) positive pressure mode..
(2) Combination Type C supplied air
respirator with full facepiece
operated in pressure-demand or
other positive pressure mode
and an auxiliary self-contained
breathing apparatus operated
in pressure demand or other
positive pressure mode.
"Source: NIOSH Recommendation USDHEW 1977
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- TRANSFORMERS -
Transformers are used to raise and lower voltage. As voltage is transmitted from a
generating facility through transmission and distribution systems, it may be raised or
lowered a number of times depending on the technical configuration of the system
and the varying voltage requirements of the customer.
A large transformer may be several times the size of an automobile and contain
hundreds or even thousands of gallons of oil or other dielectric fluid. Such transform-
ers are typically located in generating facilities or substations. However, the vast
majority of transformers are considerably smaller.
Between the extremely large transformers used to transmit power and the extremely
small overhead transformers used to bring power into homes, there are numerous
transformers of assorted size and voltage ratings used to adjust voltage to the
requirements of all types of commercial, industrial, and resale customers. Prior to
EPA's regulation of PCBs, when these transformers were located indoors, fire codes
often encouraged the use of PCBs as an insulating fluid.
Today, for purposes of regulation, EPA defines transformers in three basic catego-
ries - "PCB," "PCB-contaminated," and "Non-PCB." A "PCB Transformer" is one which
contains 500 parts per million (ppm) or greater PCBs. A "PCB-contaminated trans-
former" is one which contains 50-499 ppm PCBs. And finally, a "Non-PCB Trans-
former" contains less than 50 ppm PCBs.
EPA also categorizes transformers by their type, location, and secondary voltage. As
these various categories of transformers are regulated to different degrees, it is
important to know the type of transformer in question.
Q1 Do transformers have to be tested to determine their PCB concentration? If not, how
can I determine the equipment's classification?
A1 The regulations do not require that these types of equipment be tested to determine
the PCB concentration in their fluid. However, in the absence of a test, certain
assumptions must be made about the equipment. For example, if the nameplate
indicates that the equipment contains PCB dielectric fluid; or, if there is any reason to
believe that the equipment at one time contained PCB dielectric fluid; or, if there is
no nameplate on the equipment, then the equipment must be assumed to be PCB
classification (500 ppm or greater). Transformers which contain mineral oil dielectric
fluid and whose PCB concentration is unknown, must be assumed to be PCB-
contaminated electrical equipment (50-499 ppm) and must be treated as such. These
"assumption rules" affectively apply to all regulatory requirements relating to the
equipment including: use and servicing, leaks and spills, sale for reuse, storage for
disposal, and disposal.
Q2 Can screening tests, such as Clor-n-Oil, be used to determine the PCB concentra-
tion of a transformer? If so, can "Certified Non-PCB" labels be used to classify
transformers based upon a screen test?
A2 Currently, the regulations do not require that any particular testing method be utilized
when determining the PCB concentration in transformers. However, transformer own-
1-1
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ers should prudently scrutinize PCB testing options, as there are significant differ-
ences in the integrity and accuracy of various testing methods. It should be noted
that, in most situations, EPA will utilize laboratory gas-chromatography (GC) testing
to determine PCB concentrations during facility inspections. EPA recommends that
owners of electrical equipment choose testing methods, and practice sampling pro-
cedures, which are analytically accurate, reproducible, assure quality control, and
are certifiable..
The use of non-PCB labels is unregulated by EPA. That is to say, there are no
prohibitions or requirements to place non-PCB labels on transformers. However, if
non-PCB labels are used to indicate the classification of equipment, then owners
should be able to provide documentation such as test results or manufacturer's
letters along with historic service records which will substantiate the non-PCB classi-
fication.
Q3 Can I batch test oil samples from several transformers and classify each unit based
upon one test result?
A3 The only place in the regulations where "batch testing" is specifically allowed is under
testing procedures for disposal of PCBs [761.60 (g)]. However, batch testing to
classify equipment for continued use of PCBs is also allowable provided that known
or assumed dilution does not take place. That is, mineral oil that is assumed or
known to contain 50 ppm or greater PCBs must not be mixed with mineral oil that is
known or assumed to contain less than 50 ppm PCBs to reduce the concentration of
PCBs in the batch. It should also be noted that while batch testing is allowed, it does
not relieve the owner from any regulatory requirements if an individual unit unknow-
ingly contains a higher concentration of PCBs than was detected in the batch test.
Q4 Many pole-mounted distribution transformers have no information on their nameplate
indicating that they do, in fact, contain mineral oil dielectric fluid. Without this name-
plate information, am I required to assume that these units are "PCB" classification
(500 ppm or greater)?
A4 The regulations allow "oil-filled" electrical equipment whose PCB concentration is
unknown to be assumed less than 500 ppm (PCB-contaminated, 50-49S ppm). EPA
has received numerous comments from the electric utility industry and others indicat-
ing that significant numbers of pole-mounted distribution transformers have 10
nameplate information about their dielectric fluid. In the absence of this information,
one could interpret the regulations to require that these units be assumed "PCB"
instead of "PCB-contaminated." However, almost all pole-mounted distribution trans-
formers are, in fact, mineral oil filled and not designed to use PCB (Askarel) dielectric
fluid. Consequently, it is reasonable to assume that pole-mounted distribution trans-
formers are "oil-filled" unless: (1) the nameplate indicates that the equipment con-
tains PCB dielectric fluid, or (2) if there is any reason to believe that the equipment at
one time contained PCB dielectric fluid, or (3) if there is no nameplate on the
equipment. In these instances, the equipment must be assumed "PCB" classification
and treated accordingly.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in transformers is
1-2
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prohibited without an EPA exemption [761.20(b)J.
Q5 Most of the transformers our facility purchases today indicate "Non-PCB" on the
equipment's nameplate. Does this mean that companies can still manufacture trans-
formers with 15, 20, or even 30 ppm PCBs in the oil?
A5 No. The manufacture of transformers containing any detectable level of PCBs (2 ppm
or greater) is prohibited.
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in transformers is prohibited
without an EPA exemption [761.20(c)]. However, PCBs at concentrations less than
50 ppm may be processed for use in transformers (under specific conditions) in
accordance with the definition of "Excluded PCB Products" [761.3]. Also, PCBs at
any concentration may be processed (i.e. prepared and/or packaged for distribution
in commerce) for purposes of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sale of Transformers).
The distribution in commerce of PCBs, 50 ppm or greater, for use in transformers is
prohibited without an EPA exemption [761.20(c)]. However, PCBs at concentrations
less than 50 ppm may be distributed in commerce for use in transformers (under
specific conditions) in accordance with the definition of "Excluded PCB Products"
[761.3]. Also, PCBs at any concentration may be distributed in commerce for pur-
poses of disposal [761,20(c)(2)|. Disposal, in this context, means the termination of
the useful life of the PCB or PCB-contaminated transformer.
The distribution in commerce (sale) of transformers which contain PCBs in concen-
trations of 50 ppm or greater (known or assumed) for purposes of reuse or resale is
allowed provided:
the transformer was originally sold for use before July 1,1979;
the transformer is intact and non-leaking at the time of sale;
no PCBs are introduced into the transformer; and,
the transformer is sold only within the U.S.
Q6 Does this mean that I can sell a PCB or PCB-contaminated transformer?
A6 Yes. If the transformer was originally sold for use before July 1,1979, and is now
being sold for reuse or resale (i.e. continued use). Also, the transformer must be
intact and non-leaking. EPA recommends that the buyer be advised that he is pur-
chasing a PCB or PCB-contaminated transformer.
Q7 What does intact and non-leaking mean?
A7 Intact and non-leaking means that the transformer is structurally sound with all fluid
intact and there are no leaks anywhere on the transformer.
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Q8 Can I sell drained PCB-contaminated transformer carcasses (known or assumed
50-499 ppm) to a rebuilder for reuse as parts in repair and remanufacturing activi-
ties?
A8 No. Selling drained 50-499 ppm carcasses for reuse is an unauthorized distribution
in commerce of PCBs and is prohibited without an EPA exemption. On the other
hand, non-PCB carcasses (less than 50 ppm) can be sold for reuse (under specific
conditions) in accordance with the definition of "Excluded PCB Products" [761.3].
Q9 Can I sell drained PCB-contaminated transformer carcasses (known or assumed
50-499 ppm) to a scrap or salvage dealer for metals recovery?
A9 Yes. The sale of drained 50-499 ppm carcasses for scrapping or salvaging is gener-
ally considered distribution in commerce for purposes of disposal and is allowed with
certain limitations. To qualify as disposal, the scrapping practice must be one which
will "...terminate the useful life of PCBs or PCB Items" [761.3]; or, in other words, will
destroy any residual PCBs found in the drained carcasses. Salvaging aimed at
reclamation of the metals found in the case and coil generally constitutes disposal,
because any residual PCBs are destroyed by the high temperatures employed in the
smelting process. However, where salvaging merely consists of disassembling the
drained equipment to obtain parts for reuse in other equipment, the useful life of the
equipment has not been fully terminated and thus is not considered disposal. In
sum, the scrapping/salvaging of 50-499 ppm drained equipmet is unregulated to the
extent that: (1) the carcass has been drained of all free-flowing liquid, (2) scrapping
practices do not result in leaks, spills, or other uncontrolled discharges of PCBs, and
(3) any PCB-contaminated components are not reintroduced into commerce.
EXEMPTIONS TO MANUFACTURE. PROCESS. AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCBs in transform-
ers may be granted only by rulemaking on a case-by-case basis. The EPA adminis-
trator may set terms and conditions for an exemption and may grant an exemption
for not more than one year. EPA interim procedural rules for processing and distribu-
tion in commerce exemptions describe the required content of processing and distri-
bution in commerce exemptions petitions and the procedures EPA follows in
rulemaking on exemption petitions. Those rules were published in the Federal Regis-
ter of May 31,1979 (44 FR 31558) and are codified at 40 CFR 750.30 through 750.41.
MARKING/LABELING
All PCB Transformers must be marked in accordance with EPA marking and labeling
requirements [761.40]. All marks/labels must comply with EPA marking formats
which specify size, color, and design [761.45].
All PCB Transformers (500 ppm or greater) which are in service (including
stored for reuse) must be marked individually with the mark ML (PCB label)
[761.40(a)(2)].
All PCB Transformers (500 ppm or greater) which have been removed from
1-4
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service for disposal must be marked individually with the mark ML (PCB
label) [761.40(a)(2)].
The marking of PCB-contaminated transformers (50-499 ppm) is not re-
quired [761.40(a)(2)J.
Transport vehicles loaded with one or more PCB Transformers (500 ppm
or greater) must be marked on each end and each side with the mark M,
(PCB label) [761.40(b)]
All marks/labels must be placed in a position on the exterior of the trans-
former so that the mark can be easily seen by persons inspecting the
transformer [761.40(h)].
PCB Transformer locations must also be marked/labeled in accordance with
761.40(j).
As of December 1,1985, the vault door, machinery room door, fence,
hallway, or other means of access (other than grates and manhole covers)
to a PCB Transformer must be marked with the mark ML (PCB label)
[761.40G)(1)].
A mark other than the mark ML may be used to identify PCB Transformer locations
provided all of the following conditions are met:
The program using such an alternative mark was initiated prior to August
15,1985, and can be substantiated with documentation [761.40(j)(2)(i)].
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 [761.40(j)(2)(ii)].
The EPA Regional Administrator in the appropriate region was informed in
writing of the use of the alternative mark by October 3,1988 and is pro-
vided with documentation that the program began before August 15,1985,
and documentation that demonstrates that prior to that date the primary
fire department knew, acccepted and recognized the meaning of the mark,
and included this information in the firefighting training [761.40(j)(2)(iii)].
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 [761.40fl)(2)(iv)].
PHASE OUT REQUIREMENTS
After October 1, 1985, the use and storage for reuse of PCB Transformers
(500 ppm or greater) that pose an exposure risk to food or feed is prohib-
ited [761.30(a)(1)]. It is the owner's responsibility to determine whether a
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PCB Transformer poses an exposure risk to food or feed.
After October 1 , 1985, the installation of PCB Transformers in or near
commercial buildings is prohibited. However, as of September 1 , 1 988,
PCB Transformers may be installed in or near commercial buildings in an
"Emergency Situation" or "For Purposes of Reclassification" in accordance
with 761.30(a)(1)(iii)(B) and (C) and (D).
Emergency installations, in or near a commercial building, are permitted
until October 1 , 1990. However, the use of any PCB Transformer installed
on such an emergency basis is permitted only for one year from the date
of installation or until October 1, 1990, whichever is earlier
Also, installation of a retrofilled PCB Transformer, in or near a commercial
building, is permitted for reclassification purposes until October 1 , 1 990.
However, the use of a retrofilied PCB Transformer installed for reclassifica-
tion purposes is limited to 1 8 months after installation or until October 1 ,
1990, whichever is earlier [761.30(a)(1)(iii)(C)(2)(/)]. (Note: Retrofilled min-
eral oil PCB Transformers may be installed in or near a commercial build-
ing for reclassification purposes indefinitely after October 1 , 1 990.)
Also, as of October 1 , 1 990, the use of network PCB Transformers with
higher secondary voltages (480 volts or greater, including 480/277 volt
systems) in or near commercial buildings is prohibited. In addition, net-
work PCB Transformers with higher secondary voltages which are
removed from service in accordance with this requirement must either be
retrofilled and reclassified or placed into storage for disposal or disposed
Lower secondary voltage (below 480 volts) network PCB Transformers
(not located in sidewalk vaults) may be used in or near commercial build-
ings beyond October 1, 1985 provided: (1) they are equipped with electri-
cal protection as specified under 761.30(a)(1)(iv)(A) by October 1 , 1990
(see Electrical Protection Requirements); or, (2) in lieu of electrical protec-
tion, the transformers must be registered in writing with the appropriate
EPA Regional Administrator by October 1 , 1 990 (see Registration Require-
ments). Subsequently, those PCB Transformers which the owner chooses
to "register versus equip with electrical protection must be removed from
service by October 1, 1993 [761.30(a)(1)(iv)(B)].
Finally, as of October 1 , 1 993, all lower secondary voltage (below 480
volts) network PCB Transformers located in sidewalk vaults in or near
commercial buildings must be removed from service [761 .30(a)(1)(iv)(D)].
Q1 0 Should a person consider catastrophic failure, such as ruptures, explosions, or fire
when trying to determine whether or not a PCB Transformer poses an exposure risk
to food or feed?
A1 0 One must consider the location of a specific PCB Transformer in relation to food or
feed products, and all other available information. If there is a reasonable possibility
I-6
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of contact between RGBs and food or feed, the transformer must be considered a
risk. In evaluating the exposure risk, it is useful to consider a hypothetical situation in
which PCBs are discharged in any way from the transformer, such as through a
rupture or a leak. The question to be asked is whether contact between food or feed
and PCBs is reasonably possible. PCB Items that are located adjacent to or above
food or feed products pose an exposure risk, unless there is secondary containment
or another physical structure that prevents discharges from contaminating the food
or feed. For purposes of determining if a transformer poses exposure risks to food or
feed, it is not necessary to consider rare events. The standard to be applied is a
reasonable possibility of contamination of food or feed by PCBs.
Q11 The phase out requirements indicate that certain types of PCB Transformers must be
removed from service by a specific date. Can a PCB Transformer be retrofilled and
reclassified to meet this phase out requirement?
A11 Yes. A PCB Transformer that has been retrofilled and reclassified to PCB-
contaminated or non-PCB status in accordance with the PCB regulations meets the
requirement for phase out of a PCB Transformer. However, for practical purposes,
PCB Transformer owners should allow sufficient time for proper reclassification to
reach at least the PCB-contaminated status by the phase out date.
USE CONDITIONS
PCB and PCB-contaminated transformers (other than in railroad locomotives and
self-propelled railroad cars) may be used for the remainder of their useful lives
subject to the following conditions:
1) PCB TRANSFORMER EMERGENCY INSTALLATIONS: Installation of a PCB
Transformer in or near a commercial building is permitted when done in accordance
with the definition of "Emergency Situation" [761.3] including:
Those who install PCB Transformers in or near a commercial building in an
emergency situation must maintain documentation to support the reason
for the emergency installation. This documentation must be completed
within 30 days after installation of the PCB Transformer and maintained at
the owner's facility [761.30(a)(1)(iii)(B)(/)]. The documentation must in-
clude: the type of transformer that requires replacement, the type of trans-
former that must be used for replacement, the date of the transformer
failure, the date of subsequent replacement, the type of transformer in-
stalled as a replacement, and a statement describing actions taken to
locate a non-PCB or PCB-contaminated transformer replacement
[761.30(a)(1)(iii)(B)(7)(i) through (w)].
Such emergency installation is permitted until October 1,1990, and the
use of any PCB Transformer installed on such an emergency basis is
permitted for 1 year from the date of installation or until October 1, 1990,
whichever is earlier [761.30(a)(1)(iii)(B)(2)].
PCB Transformers installed for emergency purposes may be subsequently
reclassified; however, the transformer must be effectively reclassified to a
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non-PCB or PCB-contaminated status within 1 year after installation or by
October 1, 1990, whichever is earlier because the transformer was initially
installed in an emergency situation I76i.30(a)(i){iii)(tj)(j)].
NOTE: Owners who installed PCB Transformers in emergency situations be-
tween October 1,1985 and September 1,1988 must notify the Regional
Administrator in writing by October 3, 1988 of such installation. The notifi-
cation must include the information under 761.30(a)(1)(iii)(B)(/)(f) through
(''<)
2) PCB TRANSFORMER RECLASSIFICATION INSTALLATIONS: Installation of a
retrofilled PCB Transformer in or near a commercial building for reclassification pur-
poses is permitted when it is done in accordance with the following:
Those who install PCB Transformers in or near a commercial building for
reclassification purposes must maintain on the owner's premises, com-
pleted within 30 days of installation, the following information: the date of
installation, the type of transformer installed, the PCB concentration (if
known) at the time of installation, and the retrofill and reclassification
schedule [761 -30(a)(1)(iii)(C)(7)].
The installation of retrofilled PCB Transformers in or near commercial buildings for
purposes of reclassification is permitted only until October 1,1990, with the following
exceptions:
The use of a retrofilled PCB Transformer installed in or near a commercial
building for reclassification purposes is limited to 18 months after installa-
tion or until October 1,1990, whichever is earlier [761.30(a)(1)(iii)(C)(2)(i)].
Retrofilled mineral oil PCB Transformers may be installed in or near a
commercial building for reclassification purposes indefinitely after October
1, 1990 [761.30(a)(1)(iii)(C)(2)(u)].
Once a retrofilled transformer has been installed in or near a commercial
building for reclassification purposes, it must be tested 3 months after
installation to ascertain the concentration of PCBs. If the PCB concentra-
tion is below 50 ppm, the transformer can be reclassified as a non-PCB
Transformer. If the PCB concentration is between 50 and 500 ppm. the
transformer can be reclassified as a PCB-contaminated transformer. If the
PCB concentration remains at 500 ppm or greater, the entire process must
either be repeated until the transformer has been reclassified to a non-PCB
or PCB-contaminated transformer. The reclassification process must ad-
here to the requirements of 761.30(a)(2)(v) or the transformer must be
removed from service [761.30(a)(1)(iii)(C)(2)(iu].
NOTE: Owners who installed PCB Transformers in or near a commercial
building for reclassification purposes between October 1,1985 and Sep-
tember 1,1988 must notify the Regional Administrator in writing by Octo-
ber 3, 1988 of such installation. The notification must include the
information under 761.30(a)(1)(iii)(C)(/)(t) through (iv).
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3) ELECTRICAL PROTECTION REQUIREMENTS: As of October 1, 1990, all radial
PCB Transformers, incise in or near commercial buildings, and lower secondary
voltage network PCb i ransformers (eeiow 460 volts) in or near commercial buildings
(not located in sidewalk vaults) must be equipped with the following electrical protec-
tion to avoid transformer ruptures caused by high current faults [761 .30(a)(1)(iv)].
Current-limiting fuses or other equivalent technology must be used to
detect sustained high current faults and provide for complete deenergiza-
tion of the transformer (within several hundredths of a second in the case
of radial PCB Transformers and within tenths of a second in the case of
lower secondary voltage network PCB Transformers) before transformer
rupture occurs. The installation, setting, and maintenance of current-
limiting fuses or other equivalent technology to avoid PCB Transformer
ruptures from sustained high current faults must be completed in accor-
dance with good engineering practices [761.30(a)(1)(iv)(A)].
All lower secondary voltage network PCB Transformers (below 480 volts)
in or near commercial buildings (not located in sidewalk vaults) which have
not been equipped with electrical protection by October 1 , 1 990 (as speci-
fied above) must either be removed from service for disposal or reclassi-
fied in accordance with 761 .30(a)(2)(v) by October 1, 1993
As of October 1 , 1 990, all higher secondary voltage radial PCB Transform-
ers (480 volts and above, including 480/277 volt systems), in use in or near
commercial buildings, must be equipped with protection to avoid trans-
former ruptures caused by sustained low current faults [761 .30(a)(1)(v)].
This electrical protection is in addition to the electrical protection measures
outlined above.
Q1 2 What is the difference between a network and a radial transformer?
A12 Network transformers are hooked up in parallel systems so that if one transformer
fails another transformer will pick up the load. A radial transformer is hooked up in a
single line method and if that transformer fails the load is not picked up by another
transformer.
Q1 3 Why did EPA require phase out of network PCB Transformers with high secondary
voltages while requiring electrical protection on radial transformers.
A1 3 EPA required the phase out of higher secondary voltage network transformers, rather
than require additional electrical protection because EPA determined that network
PCB Transformers with higher secondary voltages were particularly likely to be in-
volved in serious fire-related incidents. Therefore, EPA has placed more stringent
regulatory measures and controls on these transformers.
4) REGISTRATION REQUIREMENTS: As of December 1 , 1 985, all PCB Transform-
ers (including PCB Transformers in storage for reuse) must be registered with fire
response personnel with primary jurisdiction (that is, the fire department or fire bri-
gade which would normally be called upon for the initial response to a fire involving
the equipment) [761 .30(a)(1)(vi)]. Information required to be provided to fire re-
sponse personnel includes:
1-9
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The location of the PCB Transformer(s) including: the address(es) of the
building(s) and the physical location of the PCB Transformers) on the
building site(s); and, for outdoor PCB Transformer, the location of the
outdoor substation [761.30(a)(1)(vi)(A)].
The principal constituent of the dielectric fluid in the transformer(s) (e.g.,
Askarel PCBs, mineral oil, or silicone oil) [761.30(a)(1)(vi)(B)].
The name and telephone number of the person to contact in the event of a
fire involving the equipment [761.30(a)(1)(vi)(C)].
Q14 Do PCB Transformers being stored for disposal have to be registered with the Fire
Department?
A14 No. The requirement to register transformers with fire response personnel is specifi-
cally a "use condition." PCB Transformers which have been removed from service
and are being stored for disposal do not require registration.
As of December 1,1985, PCB Transformers in use in or near commercial buildings
must be registered with building owners. For PCB Transformers located in commer-
cial buildings, PCB Transformer owners must register the transformers with the build-
ing owner of record. For PCB Transformers located near commercial buildings, PCB
Transformer owners must register the transformers with all owners of buildings lo-
cated within 30 meters of the PCB Transformer(s) [761.30(a)(1)(vii)J. Information
required to be provided to building owners by PCB Transformer owners includes but
is not limited to:
The specific location of the PCB Transformer(s) [761.30(a)(1 )(vii)(A)].
The principal constituent of the dielectric fluid !n the transformer(s) (e.g.,
Askarel PCBs, mineral oil, or silicone oil) [761.30(a)(1)(vii)(B)].
The type of transformer installation (e.g. 208/120 volt network, 280/120 volt
radial, 208 volt radial, 480 volt network, 480/277 volt network, 480 volt
radial, 480/277 volt radial) [761.30(a)(1)(vii)(C)].
As of October 1,1990, owners of lower secondary voltage network PCB Transform-
ers in use in or near commercial buildings but not located in sidewalk vaults, which
have not been equipped with electrical protection as specified under
761.30(a)(1)(iv)(A), must register in writing those transformers with the EPA Regional
Administrator in the appropriate region [761.30(a)(1)(iv)(C)]. The information required
to be provided in writing to the Regional Administrator includes:
The specific location of the PCB Transformer(s) [761.30(a)(1)(iv)(C)(7)].
The address(es) of the building(s) and the physical location of the PCB
Transformer(s) on the building site(s) [761.30(a)(1)(iv)(C)(2)].
The identification number(s) of the PCB Transformer(s)
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This registration option is in lieu of providing "electrical protection" as specified under
761.30(a)(1)(iv)(A). Consequently, these lower secondary voltage network PCB
Transformers must be removed from service by October i, 1993 (7bi.30(a)(i)(iv)(B)].
5) COMBUSTIBLE MATERIALS: As of December 1,1985, combustible materials
including, but not limited to, paints, solvents, plastics, paper, and sawn wood must
not be stored within a PCB Transformer enclosure (i.e., in a transformer vault or in a
partitioned area housing a transformer); within 5 meters of a transformer enclosure,
or, if unenclosed (unpartitioned), within 5 meters of a PCB Transformer
[761.30(a)(1)(iv)J.
Q15 Does the 5 meter distance requirement apply vertically as well as laterally?
A15 EPA does not require the removal of stored combustibles within a 5-meter vertical
distance provided that there is a continuous permanent sealing overhead and/or
floor below. However, if the floor, for example, is made of metal grates, an electrical
fault could still ignite combustibles below, and consequently the 5 meter distance in
this situation would apply.
Q16 Would items such as a wooden desk, wooden benches, and other materials used in
an office setting be considered stored combustibles and have to be moved at least 5
meters from a PCB Transformer?
A16 No. Since these materials are used on a day to day basis, they would not be
considered "stored combustibles" and consequently are not required to be moved.
Q17 If a PCB Transformer is surrounded by a chain link fence, is the tranformer consid-
ered "enclosed" for purposes of the stored combustibles requirement?
A17 A PCB Transformer surrounded by a chain link fence is considered "unenclosed" for
the purpose of this requirement, and therefore combustible materials must not be
stored within 5 meters of the transformer. The reason for this being that a chain link
fence would not provide a barrier to prevent an electrical fault or a transformer fire
from potentially reaching nearby combustible materials. On the other hand, a PCB
Transformer surrounded by 2-3 hour fire resistant walls would be reasonably pro-
tected from controllable or less severe fires.
Q18 Does the combustible materials requirement apply to a PCB Transformer which has
been placed into storage for disposal?
A18 No. The combustible materials requirement is specifically a PCB Transformer "use
condition." Combustible materials do not have to be removed from close proximity to
a PCB Transformer which has been removed from service and is being stored for
disposal.
6) INSPECTIONS: A visual inspection of each PCB Transformer (500 ppm or
greater) in use or stored for reuse shall be performed at least once every 3 months.
These inspections may take place any time during the 3-month periods: January-
March, April-June, July-September, and October-December as long as there is a
minimum of 30 days between inspections. The visual inspection must include investi-
gation for any leak or dielectric fluid on or around the transformer. The extent of the
visual inspections will depend on the physical constraints of each transformer instal-
lation and should not require an electrical shutdown of the transformer being in-
sepcted[761.30(a)(1)(ix].
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A reduced visual inspection frequency of at least once every 12 months applies to
PCB Transformers that utilize either of the following risk reduction measures. These
inspections may take piace any time during the caiendar year as iong as there is a
minimum of 180 days between inspections [761.30(a)(1)(xiii)]. PCB Transformers
which may be inspected annually versus quarterly include:
PCB Transformers which have impervious, undrained, secondary contain-
ment capacity of at least 100 percent of the total dielectric fluid volume of
all transformers so contained may be inspected annually as described
above [761.30(a)(1)(xiii)(A)].
PCB Transformers which have been tested and found to contain less than
60,000 ppm PCBs (after 3 months of in service use if the transformer has
been serviced for purposes of reducing the PCB concentration) may be
inspected annually as described above [761.30(a)(1)(xiii)(B)].
Records of inspection and maintenance history shall be maintained at least 3 years
after disposing of the transformer and shall be made available for inspection, upon
request by EPA [761.30(a)(1)(xii)]. Such records shall contain the following informa-
tion for each PCB Transformer [761.30(a)(1)(xii)(A) through (H)]:
Its location.
The date of each visual inspection and the date that leak was discovered,
if different from the inspection date.
The person performing the inspection.
The location of any leak(s).
An estimate of the amount of dielectric fluid released from any leak.
The date of any cleanup, containment, repair, or replacement.
A description of any cleanup, containment, or repair performed.
The results of any containment and daily inspection required for uncor-
rected active leaks.
7) LEAKING PCB TRANSFORMERS: If a PCB Transformer is found to have a leak
which results in any quantity of PCBs running off or about to run off the external
surface of the transformer, then the transformer must be repaired or replaced to
eliminate the source of the leak. In all cases any leaking material must be cleaned up
and properly disposed of according to disposal requirements of 761.60. Cleanup of
the released PCBs must be initiated as soon as possible, but in no case later than 48
hours of its discovery. Until appropriate action is completed, any active leak of PCBs
must be contained to prevent exposure of humans or the environment and inspected
daily to verify containment of the leak. Trenches, dikes, buckets, and pans are
examples of proper containment measures [761.30(a)(1)(x)].
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8) FIRE-RELATED INCIDENTS: If a PCB Transformer is involved in a fire-related
incident, the owner of the transformer must immediately report the incident to the
National Response Center (toll-free 1 -800-424-8802; in Washington, D.C. 202-426-
2675). A fire-related incident is defined as any incident involving a PCB Transformer
which involves the generation of sufficient heat and/or pressure (by any source) to
result in the violent or non-violent rupture of a PCB Transformer and the release of
PCBs. Information must be provided regarding the type of PCB Transformer installa-
tion involved in the fire-related incident (e.g. high or low secondary voltage network
transformer, high or low secondary voltage simple radial system, expanded radial
system, primary selective system, primary loop system, or secondary selective sys-
tem or other systems) and the readily ascertainable cause of the fire-related incident
(e.g. high current fault in the primary or secondary or low current fault in secondary).
The owner of the PCB Transformer must also take measures as soon as practically
and safely possible to contain and control any potential releases of PCBs and
incomplete combustion products into water [761 .30(a)(1)(xi)]. These measures in-
clude, but are not limited to:
The blocking of all floor drains in the vicinity of the transformer
The containment of water runoff [761 .30(a)(1 )(xi)(B)].
The control and treatment (prior to release) of any water used in subse-
quent cleanup operations [761.30(a)(1)(xi)(C)].
9) DISCOVERY OF A MINERAL OIL PCB TRANSFORMER: In the event a mineral
oil transformer, assumed to contain less than 500 ppm of PCBs as provided in 761 .3,
is tested and found to be contaminated at 500 ppm or greater PCBs ("PCB Trans-
former"), efforts must be initiated immediately to bring the transformer into compli-
ance in accordance with the following schedule [761 .30(a)(1)(xv)(A) through (J)]:
Report fire-related incidents, effective immediately after discovery.
Mark/label the PCB Transformer within 7 days after discovery.
Mark/label the vault door, machinery room door, fence, hallway or other
means of access to the PCB Transformer within 7 days after discovery.
Register the PCB Transformer in writing with fire response personnel with
primary jurisdiction and with the commercial building owner, within 30
days of discovery.
Install electrical protective equipment on a radial PCB Transformer and a
non-sidewalk vault, lower secondary voltage network PCB Transformer in
or near a commercial building within 1 8 months of discovery or by October
1 , 1 990, whichever is later.
Remove a non-sidewalk vault, lower secondary voltage network PCB
Transformer in or near a commercial building, if electrical protective equip-
ment is not installed, within 1 8 months of discovery or by October 1 , 1 993,
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whichever is later.
Remove a iower secondary voiiage network FC5 Transformer located in a
sidewalk vault in or near a commercial building, within 18 months of dis-
covery or by October 1, 1993, whichever is later.
Retrofill and reclassify a radial PCB Transformer or a lower or higher sec-
ondary voltage network PCB Transformer, located in other than a sidewalk
vault in or near a commercial building, within 18 months or by October 1,
1990, whichever is later. This is an option in lieu of installing electrical
protective equipment on a radial or lower secondary voltage network PCB
Transformer located in other than a sidewalk vault or of removing a higher
secondary voltage network PCB Transformer or a lower secondary voltage
network PCB Transformer, located in a sidewalk vault, from service.
Retrofill and reclassify a lower secondary voltage network PCB Trans-
former, located in a sidewalk vault, in or near a commercial building within
18 months or by October 1,1993, whichever is later. This is an option in
lieu of installing electrical protective equipment or removing the trans-
former from service.
Retrofill and reclassify a higher secondary voltage network PCB Trans-
former, located in a sidewalk vault, in or near a commercial building within
18 months or by October 1,1990, whichever is later. This is an option in
lieu of other requirements.
Q19 The PCB regulations indicate that the continued use of a PCB Transformer which
poses an exposure risk to food or feed became prohibited after October 1,1985. If a
mineral oil transformer (assumed to contain less than 500 ppm) is tested and found
to be 500 ppm or greater, does EPA allow time for the newly discovered PCB
Transformer to be replaced or retrofilled and reclassified?
A19 In the event a mineral oil transformer, assumed to contain less than 500 ppm of
PCBs as provided in 761.3, is tested and found to be contaminated at 500 ppm or
greater PCBs, it will be subject to all the requirements of Part 761. The 1988 amend-
ments to the "PCB Transformer Fires Rule" (53 FR 27329) allows up to 18 months for
the installation of electrical protection or retrofill and reclassification of newly discov-
ered mineral oil PCB Transformers. These amendments do not specifically mention a
time allowance for replacement or reclassification of a newly discovered mineral oil
PCB Transformer in a food or feed risk area. The policy of the Agency, however, will
be to allow the same 18 month period to replace or reclassify a PCB Transformer of
this type, provided that the owner of the transformer demonstrates good faith efforts
to replace or reclassify the transformer as soon as possible after discovery, but in no
case later than 18 months after discovery.
SERVICING AND RECLASS1FICATION CONDITIONS
The processing of PCB and PCB-contaminated transformers is limited to servicing
activities. These servicing activities include: draining and refilling, topping off, repair-
ing, and retrofilling for reclassification [761.30(a)(2)].
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The processing and distribution in commerce of RGBs, 50 ppm or greater, for pur-
poses of servicing and repairing customer's equipment is prohibited without an EPA
exemption [761 .30(a)(2)(vii)]. However, an exemption is not required to service your
own PCB or PCB-contaminated transformer with the PCB or PCB-contaminated fluid
you already own, in accordance with the regulations. Also, you can service a
customer's transformers if you use non-PCB or PCB-free fluid; and, you are allowed
to refill a customer's transformers with the same fluid that came out of the transform-
ers, regardless of PCB concentration.
The processing (servicing) of non-PCB Transformers with non-PCB fluids and/or
components is allowed without restriction.
A PCB Transformer may be reclassified to a PCB-contaminated or non-PCB Trans-
former by draining, refilling, and otherwise servicing the unit. In order to reclassify,
the transformer's dielectric fluid must contain less than 500 ppm PCB (for conversion
to PCB-contaminated level) or less than 50 ppm PCB (for conversion to non-PCB
level) after a minimum of three months of in-service use subsequent to the last
servicing conducted for the purposes of reducing the PCB concentration in the
transformer. In-service means that the transformer is used electrically under loaded
conditions that raise the temperature of the dielectric fluid to at least 50ฐ Centigrade.
The Director of the Exposure Evaluation Division may grant, without further rulemak-
ing, approval for the use of alternative methods that simulate the loaded conditions
of in-service use [761 .30(a)(2)(v)].
Q20 How long do I have to keep the transformer fluid at 50ฐC?
A20 The regulations do not give a specific amount of time for keeping the temperature at
50ฐ, but the intent of the regulation is to simulate the normal use of a transformer. For
example, if during normal use, a transformer reaches 50ฐ on Tuesdays and Thurs-
days for an hour per day, that is how long the transformer should be at 50ฐC in order
to reclassify the transformer. You cannot simply have the fluid reach 50ฐC once for 5
minutes and consider the transformer reclassified.
The following conditions also apply to service activities:
Removing the coil from a PCB Transformer (500 ppm or greater) is prohib-
ited [761. 30(a) (2) (iOJ.
PCB-contaminated transformers may be serviced (including rebuilding)
only with dielectric fluid containing less than 500 ppm PCB
PCBs, 50 ppm or greater, removed during servicing must be either reused
as dielectric fluid or disposed of in accordance with EPA requirements
PCBs from PCB Transformers must not be mixed with or added to dielec-
tric fluid from PCB-contaminated transformers [761 .30(a)(2)(iii)].
If dielectric fluid containing less than 500 ppm PCBs is mixed with fluid
containing 500 ppm or greater PCBs, then the resulting mixture must not
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be used as dielectric fluid in any electrical equipment. The entire mixture
must be considered to be greater than 500 ppm PCBs and must be
disposed of in an incinerator that meets EPA requirements
[761.30(a)(2)(iv)].
Any dielectric fluid containing 50 ppm or greater PCBs used for servicing
transformers must be stored in accordance with the storage for disposal
requirements [761.30(a)(2)(vi)].
STORAGE FOR REUSE
Transformers containing PCBs at any concentration may be stored for reuse. There
are no time limitations on this storage; however, transformers 50 ppm or greater
(known or assumed) which are stored for reuse must be in a condition suitable for
reuse. These units are considered by EPA to be "in-service" for purposes of the
regulations. Also, as of October 1 , 1 S85, the storage for reuse of PCB Transformers
(500 ppm or greater) that pose an exposure risk to food or feed is prohibited
Q21 How long can I keep a "burned-out" or "non-functional" transformer in storage for
reuse if I plan on repairing it and using it later?
A21 EPA does not require non-functional transformers (regardless of PCB concentration)
to be placed into "storage for disposal" if you intend to repair and reuse the item.
However, EPA may have grounds to enforce against lengthy "storage for reuse" of
equipment which is not reasonably expected to be placed back into service. In other
words, while there are no explicit requirements for, or restrictions on, the storage for
reuse of transformers which can be repaired, the owner should be able to demon-
strate good faith compliance with the intent of the storage for disposal requirements
and complete any required servicing or repairs within the same one year time limita-
tion associated with PCB disposal.
STORAGE FOR DISPOSAL
All PCB and PCB-contaminated transformers must be dated when placed into stor-
age for disposal [761.65(c)(8)] and must be removed from storage and disposed of
within one year [761.65(a)j.
The facility used to store PCB and PCB-contaminated transformers must comply with
the "storage for disposal" requirements [761.65(b)(1)]. See the chapter on "PCB
Storage Facilities" for specific requirements.
Non-leaking PCB and PCB-contaminated transformers may be stored temporarily in
an area that does not comply with the requirements for a PCB storage facility for up
to 30 days from the date of their removal from service for disposal, provided that a
notation is attached to each transformer indicating the dates the equipment was
removed from service [761.65(c)(1)(i)], and placed into storage for disposal
[761.65(c)(8)J.
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Leaking PCB and PCB-contaminated transformers which are placed in appropriate
PCB Containers [761.65(c)(6)] with sufficient sorbent materials to absorb any liquid
PCBs, may also be temporarily stored for up to-30 days provided that a notation is
attached to the container indicating the dates the transformer was removed from
service [761.65(c)(1)(ii)]t and placed into storage for disposal (761.65(c)(8)]. Each
container or drum used to store leaking PCB Items must be marked in accordance
with EPA marking and labeling requirements [761.40(a)(1)j.
Non-leaking and structurally undamaged PCB-contaminated transformers, that have
not been drained of free-flowing dielectric fluid, may also be stored for more than 30
days on pallets next to a PCB storage facility which meets the requirements for
storage for disposal. This type of storage is permitted only when the storage facility
has immediately available unfilled storage space equal to 10% of the volume of the
equipment stored outside the facility. The equipment stored outside the facility must
be inspected for leaks weekly [761.65(c)(2)], and a notation must be attached to
each unit indicating the dates the equipment was removed from service
[761.65(c)(1)] and placed into storage for disposal [761.65(c)(8)].
DISPOSAL
PCB Transformers (500 ppm or greater) must be disposed of as follows:
In an incinerator that complies with 40 CFR 761.70.
In a chemical waste landfill which complies with 761.75 provided that: the
transformer is first drained of all free- flowing liquid, filled with solvent,
allowed to stand for at least 18 hours and then drained thoroughly. PCB
liquids that are removed shall be disposed of in accordance with para-
graph (a) of this section. Solvents may include kerosene, xylene, toluene
and other solvents in whihc PCBs are readily soluble. Precautionary meas-
ures should be taken, however, that the solvent flushing procedure is
conducted in accordance with applicable safety and health standards as
required by Federal or State regulations [761.60(b)(1)(i)(B)].
The PCB liquids that are removed, including the flushing solvent, must be
disposed of in an incinerator that complies with 40 CFR 761.70, or by an
alternative EPA approved and permitted disposal method in accordance
with 761.60(e).
PCB-contaminated transformers (50-499 ppm PCBs) shall be disposed of as follows:
By draining all free-flowing liquid from the transformer and disposing of the
liquid in an incinerator that complies with 40 CFR 761.70; or, in a chemical
waste landfill that complies with 761.75, if information is provided to tna
owner or operator of the chemical waste landfill that shows that the waste
does not exceed 500 ppm PCBs and is not an ignitable waste as de-
scribed in 761.75(b)(8)(iii); or, in an approved high efficiency boiler that
complies with 761.65(a)(2)(iii); or, by an alternative EPA approved and
permitted disposal method that complies with 761.60(e).
1-17
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The disposal of the drained contaminated equipment carcass is not regulated
[761.60(b)(5)(ii)]; however, drained PCB-contaminated transformer carcasses cannot
be sold (distributed in commerce) for use as parts and components in repair or
rebuilding activities. (See Distribution in Commerce)
Non-PCB Transformers (less than 50 ppm PCB) may be disposed of with the follow-
ing considerations:
There are no PCB disposal requirements for non-PCB Transformers. How-
ever, certain reuse restrictions apply to the less than 50 ppm PCB fluid.
The non-PCB fluid, if greater than 2 ppm, cannot be used as a sealant,
coating, or dust control agent [761.20(d)]; and also, can only be burned
for energy recovery in specific combustion facilities described in
761.20(e)(1). See the chapter on "Disposal" for a detailed discussion of the
disposal of non-PCB waste oils.
RECORDKEEPING
Testing data, inventories, servicing and reclassification records, spill reports, and
disposal records should be maintained for all PCB and PCB-contaminated transform-
ers. Under specific quantity guidelines, [761.180(a)] these records are required to
form the basis of an annual document which must be prepared each year and
maintained for at least five years after the facility ceases using or storing PCBs and
PCB Items. See the chapter on "Recordkeeping and Reporting" for a detailed discus-
sion of annual documents.
The following information must be maintained for PCB and PCB-contaminated trans-
formers for the annual document (if required):
The dates when PCB Transformers (500 ppm or greater) are removed from
service for disposal, are placed into storage for disposal, and are placed
into transport for disposal [761.180(a)(1)].
The total number of PCB Transformers (500 ppm or greater), and the total
weight in kilograms of the PCB fluid contained in the PCB Transformers
[761.180(a)(1)and (2)].
The total weight in kilograms of any leaking PCB or PCB-contaminated
transformers in PCB Containers/drums [761.t80(a)(1)(i)].
The location of the initial disposal or storage facility and the name of the
owner or operator of the facility [761.180(a)(2)].
SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs running off or about to run off the external surface of a PCB or
PCB-contaminated transformer is considered improper disposal of PCBs. The new
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EPA "National PCB Spill Cleanup Policy" provides specific cleanup measures which,
if followed explicitly, create a presumption against enforcement for penalties or fur-
ther cleanup. See the chapter on "PCB Spill Cleanup Policy" for specific require-
ments.
PCB spills involving 10 Ibs. or more of PCBs (generally 1 -2 gallons of Askarel) must
be reported to the National Response Center at (800)424-8802 as well as the appro-
priate regional EPA office. Failure to notify the NRC is a criminal violation with a
possible penalty of up to $10,000 and/or up to one year in prison. Any spill should
be reported when people or animals can come into direct and uncontrolled contact
with PCBs.
Measures must immediately be taken to control the spread of the spill. Any threats to
water should be given highest priority. Water and other complicated spills should be
cleaned up by trained personnel to levels set by the appropriate EPA Regional
Administrator. Organizations who frequently handle PCBs should develop spill con-
tingency plans and conduct training for dealing with spills.
Once a spill is contained, cleanup measures can begin. EPA requires cleanup of
PCBs to different levels depending on spill location, the potential for exposure to
residual PCBs remaining after cleanup, the concentration of PCBs initially spilled,
and the nature and size of the population potentially at risk of exposure. While the
new PCB Spill Cleanup Policy applies to the majority of situations, exceptional
circumstances may require additional cleanup at the direction of the EPA regional
office. A detailed description of the specific reporting, cleanup, recordkeeping, and
post-cleanup sampling requirements is found in the chapter on "PCB Spill Cleanup
Policy."
Other minor weeping and seeping from PCB or PCB-contaminated transformer bush-
ings and seams, not covered by the spill policy, is still considered improper disposal
of PCBs and compels responsible parties to take actions to rectify the exposure of
humans and the environment to PCBs.
Q22 Do records and/or spill reports have to be kept for all PCB or PCB-contaminated
transformers which rupture?
A22 In order to avoid improper disposal penalties, the PCB Spill Cleanup Policy requires
specific recordkeeping when a PCB or PCB-contaminated transformer ruptures or
spills. See the chapter on "PCB Spill Cleanup Policy" for specific spill recordkeeping
requirements.
RAILROAD TRANSFORMERS
EPA defines railroad transformers (in the same manner as non-railroad transformers)
in three basic catagories - "PCB," "PCB-contaminated," and "Non-PCB." Also, the
"assumption rules" discussed earlier in this chapter (see page 1-1) apply to untested
railroad transformers. The following conditions and restrictions apply to PCBs in
transformers in railroad locomotives or railroad self-propelled cars (railroad trans-
formers).
1-19
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MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in railroad transform-
ers is prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in railroad transformers is
prohibited without an EPA exemption [761.20(c)]. However, PCBs at concentrations
less than 50 ppm may be processed for use in railroad transformers (under specific
conditions) in accordance with the definition of "Excluded PCB Products" [761.3].
Also, PCBs at any concentration may be processed (i.e. prepared and/or packaged
for distribution in commerce) for purposes of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sale of railroad transformers)
The distribution in commerce of PCBs, 50 ppm or greater, for use in railroad trans-
formers is prohibited without an EPA exemption [761.20(c)]. However, PCBs at con-
centrations less than 50 ppm may be distributed in commerce for use in railroad
transformers (under specific conditions) in accordance with the definition of
"Excluded PCB Products" [761.3]. Also, PCBs at any concentration may be distrib-
uted in commerce for purposes of disposal [761.20(c)(2)]. Disposal, in this context,
means the termination of the useful life of the PCB or PCB-contaminated railroad
transformer.
The distribution in commerce (sale) of railtroad transformers which contain PCBs in
concentrations of 50 ppm or greater (known or assumed) for purposes of reuse of
resale is allowed only if:
the unit was originally sold for use before July 1, 1979;
the unit is intact and non-leaking at the time of sale;
no PCBs are introduced into the unit; and,
the unit is sold only within the U.S.
Q23 Does this mean that I can sell a PCB or PCB-contaminated railroad transformer?
A23 Yes. If the railroad transformer was originally sold for use before July 1,1979, and is
now being sold for resale or reuse (i.e. continued use). Also, the railroad transformer
must be intact and non-leaking. EPA recommends that the buyer be advised that he
is purchasing a PCB or PCB-contaminated unit.
Q24 What does intact and non-leaking mean?
A24 Intact and non-leaking means that the railroad transformer has all fluid intact and
there are no leaks anywhere on the equipment.
Q25 Can I sell drained PCB-contaminated voltage regulator and/or switch carcasses
1-20
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(known or assumed 50-499 ppm) to a scrap or salvage dealer for metals recovery?
A25 Yes. The sale of drained 50-499 ppm carcasses for scrapping or salvaging is gener-
ally considered distribution in commerce for purposes of disposal and is allowed with
certain limitations. To qualify as disposal, the scrapping practice must be one which
will "...terminate the useful life of PCBs or PCB Items" [761.3]; or, in other words, will
destroy any residual PCBs found in the drained carcasses. Salvaging aimed at
reclamation of the metals found in the case and coil generally constitutes disposal,
because any residual PCBs are destroyed by the high temperatures employed in the
smelting process. However, where salvaging consists of disassembling the drained
equipment to obtain parts for reuse in other equipment, the useful life of the equip-
ment has not been fully terminated and thus is not considered disposal. In sum, the
scrapping/salvaging of 50-499 ppm drained equipment is unregulated to the extent
that: (1) scrapping practices do not result in leaks, spills, or other uncontrolled
discharges of PCBs, and (2) any PCB-contaminated components are not reintro-
duced into commerce.
EXEMPTIONS TO MANUFACTURE. PROCESS, AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCBs in railroad
transformers may be granted only by rulemaking on a case-by-case basis. The EPA
administrator may set terms and conditions for an exemption and may grant an
exemption for not more than one year. EPA interim procedural rules for processing
and distribution in commerce exemptions describe the required content of process-
ing and distribution in commerce exemptions petitions and the procedures EPA
follows in rulemaking on exemption petitions. Those rules were published in the
Federal Register of May 31,1979 (44FR 31558) and are codified at 40 CFR 750.30
through 750.41.
MARKING/LABELING
All PCB railroad transformers (500 ppm or greater) must be marked in accordance
with EPA marking and labeling requirements [761.40]. All marks/labels must comply
with EPA marking formats which specify size, color, and design [761.45].
All PCB railroad transformers (500 ppm or greater) which are in service
(including stored for reuse) must be marked individually with the Mark ML
(PCB label) [761.40(c)(1)J.
All PCB railroad transformers (500 ppm or greater) which have been re-
moved from service for disposal must be marked individually with the mark
ML (PCB label) [761.40(c)(1)].
The marking of PCB-contaminated railroad transformers (50-499 ppm) is
not required [761.40(c)(1)].
Transport vehicles loaded with one or more PCB Transformers (500 ppm
or greater) must be marked on each end and each side with the mark ML
1-21
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(PCS label) [76l.40(b)].
All marks/iabels must be placed in a position on the exterior of the trans-
former and/or transport vehicle so that the mark can be easily seen by
persons inspecting the transformer (761.40(h)].
PCB Transformer locations must also be marked/labeled in accordance with
761.400).
As of December 1,1985, the vault door, machinery room door, fence,
hallway, or other means of access (other than grates and manhole covers)
to a PCB Transformer must be marked with the mark ML (PCB label)
USE AND PERFORMANCE REQUIREMENTS
As of July 1, 1986, the use of railroad transformers containing dielectric fluids with a
PCB concentration greater than 1,000 ppm became prohibited [761.30(b)(1)(vi)].
Q26 What should be done if a railroad organization discovers that an in-service railroad
transformer contains over 1,000 ppm PCBs today?
A26 The continued use of railroad transformers containing over 1,000 ppm PCBs became
prohibited in 1986. Consequently, if a railroad transformer were discovered today as
containing more than 1,000 ppm PCBs, the owner/operator of the transformer would
be out of compliance with the regulations. The Regional EPA Administrator should
be contacted immediately, and steps should be taken to bring the equipment into
compliance as soon as possible.
The concentration of PCBs in the dielectric fluid contained in railroad transformers
must be measured:
Immediately upon completion of any authorized servicing of a railroad
transformer conducted for the purpose of reducing the PCB concentration
in the dielectric fluid in the transformer [761.30(b)(1)(vii)(A)]; and, between
12 and 24 months after each servicing [761.30(b)(1)(vii)(B)j.
The data obtained as a result of the above servicing shall be retained until
January 1. 1991 [761.30(b)(1)(vii)(C)].
SERVICING AND RECLASSIFICATION CONDITIONS
The processing of PCB and PCB-contaminated railroad transformers is limited to
servicing activities. These servicing activities include: draining and refilling, topping
off, repairing, and retrofilling for reclassification [761.30(a)(2)J.
Railroad transformers may only be serviced with dielectric fluid containing
less than 1,000 ppm PCBs [761.30(b)(2)(iii)]; except, if the coil is removed
1-22
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from the casing of a railroad transformer (e.g. the transformer is rebuilt),
the railroad transformer may not be refilled with dielectric fluid containing a
PCS concentration greater than 50 ppm [761.30(b)(2)(i)].
Dielectric fluid may be filtered through activated carbon or otherwise in-
dustrially processed for the purpose of reducing the PCB concentration in
the fluid [761.30(b)(2)(iv)].
Any PCB dielectric fluid that is used to service PCB railroad transformers
(500 ppm or greater) must be stored in accordance with the storage for
disposal requirements at 761.65 [761.30(b)(1)(v)].
A PCB railroad transformer may be converted to a PCB con;aminated transformer or
to a non-PCB Transformer by draining, refilling, and/or otherwise servicing the rail-
road transformer. In order to reclassify, the railroad transformer's dielectric fluid must
contain less than 500 ppm PCBs for conversion to PCB contaminated status, or less
than 50 ppm PCBs for conversion to non-PCB status after a minimum of three
months of in-service use subsequent to the last servicing conducted for the purpose
of reducing the PCB concentration in the transformer [761.30(b)(2)(vii)].
STORAGE FOR REUSE
The storage for reuse conditions for PCB and PCB-contaminated railroad transform-
ers are identical to the storage for reuse conditions for non-railroad transformers as
outlined earlier in this chapter (see page 1-15).
STORAGE FOR DISPOSAL
The storage for disposal requirements for PCB and PCB-contaminated railroad trans-
formers are identical to the storage for disposal requirements for non-railroad trans-
formers as outlined earlier in this chapter (see page 1-16).
DISPOSAL
The disposal requirements for PCB and PCB-contaminated railroa^ transformers are
idential to the disposal requirements for non-railroad transformers as outlined earlier
in this chapter (see page 1-17).
SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs running off or about to run off the external surface of a PCB or
PCB-contaminated transformer is considered improper disposal of PCBs. The new
EPA "National PCB Spill Cleanup Policy" provides specific cleanup measures which,
if followed explicitly, create a presumption against enforcement for penalties or fur-
ther cleanup. See the chapter on "PCB Spill Cleanup Policy" for specific require-
1-23
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ments.
PCB spills involving 10 ibs. or more of RGBs (generally 1-2 gallons of Askarel) must
be reported to the National Response Center at (800)424-8802 as well as the appro-
priate regional EPA office. Failure to notify the NRC is a criminal violation with a
possible penalty of up to $10,000 and/or up to one year in prison. Any spill should
be reported when people or animals can come into direct and uncontrolled contact
with PCBs.
Measures must immediately be taken to control the spread of the spill. Any threats to
water should be given highest priority. Water and other complicated spills should be
cleaned up by trained personnel to levels set by the appropriate EF -.. Regional
Administrator. Organizations who frequently handle PCBs should develop spill con-
tingency plans and conduct training for dealing with spills.
Once a spill is contained, cleanup measures can begin. EPA requires cleanup of
PCBs to different levels depending on spill location, the potential for exposure to
residual PCBs remaining after cleanup, the concentration of PCBs initially spilled,
and the nature and size of the population potentially at risk of exposure. While the
new PCB Spill Cleanup Policy applies to the majority of situations, exceptional
circumstances may require additional cleanup at the direction of the EPA regional
office. A detailed description of the specific reporting, cleanup, recordkeeping, and
post-cleanup sampling requirements is found in the chapter on "PCB Spill Cleanup
Policy."
Other minor weeping and seeping from PCB or PCB-contaminated transformer bush-
ings and seams, not covered by the spill policy, is still considered improper disposal
of PCBs and compels responsible parties to take actions to rectify the exposure of
humans and the environment to PCBs.
Q27 Do records and/or spill reports have to be kept for all PCB or PCB-contaminated
railroad transformers which rupture?
A27 In order to avoid improper disposal penalities, the PCB Spill Cleanup Policy requires
specific recordkeeping when a PCB or PCB-contaminated transformer ruptures or
spills. See the chapter on "PCB Spill Cleanup Policy" for specific spill recordkeeping
requirements.
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- CAPACITORS -
Capacitors are defined under TSCA in two basic categories "small" and "large." A
"small capacitor" is defined as containing less than 1.36 kilograms (3 Ibs.) of dielec-
tric fluid. A "large capacitor" is defined as containing 1.36 kilograms (3 Ibs.) or more
of dielectric fluid. The following assumptions may be used if the actual weight of the
dielectric fluid is unknown.
A capacitor whose total volume is less than 1,639 cubic centimeters (100
cubic inches) may be considered to contain less than 1.36 kilograms (3
Ibs.) of dielectric fluid.
A capacitor whose total volume is more than 3,278 cubic centimeters (200
cubic inches) must be considered to contain more than 1.36 kilograms (3
Ibs.) of dielectric fluid.
A capacitor whose total volume is between 1,639 and 3,278 cubic centime-
ters may be considered to contain less than 1.36 kilograms (3 Ibs.) of
dielectric fluid if the total weight of the capacitor is less than 4.08 kilograms
(9 Ibs.).
Q1 Our rural utility has discovered numerous small capacitors in phase converters (com-
monly referred to as "add-a-phases") which are utilized in various applications, spe-
cifically on farm irrigation systems. In most cases, these add-a-phase type units
contain several small, independent capacitors (less than 3 Ibs. each) banded to-
gether within a single housing compartment. Does EPA classify capacitors such as
these as small, individual capacitors, or must the combined volume of the small
capacitors be totaled and treated as one large capacitor?
At Capacitors are classified according to the weight of fluid in each individual unit, not
by the total weight of a group. Therefore, each individual capacitor is classified as a
small capacitor as long as it contains less than 3 Ibs. of fluid.
LARGE CAPACITORS
Large PCB capacitors are used extensively by electric utilities and other various
industries. Large capacitors are commonly used to improve the voltage and power
factor of electric power systems. Virtually all capacitors manufactured prior to 1978
were filled with PCS dielectric fluids genetically known as "Askarels" (see the "Intro-
duction" chapter for a list of "Common Trade Names"). These "Askarel" dielectric
fluids generally range from 40-90% PCB concentration. After July 1, 1979, the manu-
facture of capacitors using these PCB dielectric fluids (Askarels) was prohibited.
Large PCB capacitors are also regulated based upon voltage ratings. A large capaci-
tor that operates at 2,000 volts (A.C. or D.C.) or above is termed a "large, high
voltage capacitor," while a large capacitor that operates below 2,000 volts is termed
a "large, low voltage capacitor." Most TSCA requirements for large PCB capacitors
are identical for both with the exception of certain marking/labeling requirements
which vary depending upon "high" or "low" voltage.
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The continued use of large PCB capacitors beyond the specific ban and phase out
date (October 1,1988) greatly depends upon the location of the capacitors. Large
PCB capacitors which are located in certain "restricted-access" areas may be used
for the remainder of their useful life. There are basically two types of "restricted-
access" areas which are acceptable for the continued use of large PCB capacitors
beyond October 1, 1988: (1) restricted-access electrical substations, and (2) con-
tained and restricted-access indoor installations.
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. Release of PCB's from capacitors in these substations beyond the confines
of the substation are extremely limited.
A "contained and restricted-access indoor installation" restricts public access (i.e. the
capacitors are not accessible by other than electrical maintenance personnel) and
has an adequate roof, walls, and floor to contain any release of PCBs within the
indoor location. Release of PCBs in these facilities also presents very limited expo-
sure potential.
The majority of large PCB capacitors which are not in a restricted-access location are
primarily found on utility poles throughout electric service areas. The exposure risks
associated with these capacitors vary due to their widespread use. These capacitor
installations are typically used in residential neighborhoods, industrial areas, rural
areas, public areas (such as shopping centers, schools, etc.), and even near water-
ways. Because of their location, these PCB capacitors have a greater potential for
exposing humans, animals, and the environment during their use than do other large
PCB capacitors.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in large capacitors is
prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 PPM or greater, for use in large capacitors is prohibited
without an EPA exemption [761.20(c)]. However, PCBs.at any concentration may be
processed (i.e. prepared and/or packaged for distribution in commerce) for purposes
of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sale of Large PCB Capacitors)
The distribution in commerce of PCBs, 50 ppm or greater, for use in large capacitors
is prohibited without an EPA exemption [761.20(c>]. However, PCBs at any concen-
tration may be distributed in commerce for purposes of disposal [761.20(c)(2)].
Disposal, in this context, means the termination of the useful life of the PCB or
PCB-contaminated capacitors. The processing and distribution in commerce of non-
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PCB capacitors (less than 50 ppm PCBs) is allowed without restriction.
The distribution in commerce (sale) of large capacitors which contain PCBs in con-
centrations of 50 ppm or greater for purposes of reuse or resale is allowed provided:
the capacitor was originally sold for use before July 1, 1979;
the capacitor is intact and non-leaking at the time of sale;
no PCBs are introduced into the capacitor; and,
the capacitor is sold only within the U.S.
Q2 Does this mean that I can sell a PCB capacitor?
A2 Yes, if the capacitor was originally sold for use before July 1,1979, and is now being
sold for reuse or resale (i.e. continued use). Also, the capacitor must be intact and
non-leaking. EPA recommends that the buyer be advised that he is purchasing a
PCB capacitor. The capacitor must be marked in accordance with 761.40.
Q3 What does intact and non-leaking mean?
A3 Intact and non-leaking means that the capacitor is structurally sound with all fluid
intact and there are no leaks anywhere on the capacitor.
EXEMPTIONS TO MANUFACTURE. PROCESS. AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCB capacitors or
PCB dielectric fluids for use in PCB capacitors may be granted only by rulemaking
on a case-by-case basis. The EPA administrator may set terms and conditions for an
exemption and may grant an exemption for not more than one year. EPA interim
procedural rules for processing and distribution in commerce exemptions describe
the required content of processing and distribution in commerce exemption petitions
and the procedures EPA follows in rulemaking on exemption petitions. Those rules
were published in the Federal Register of May 31,1979 (44 FR 31558) and are
codified at 40 CFR 750.30 through 750.41.
MARKING/LABELING
All large PCB capacitors must be marked in accordance with EPA marking and
labeling requirements [761.40]. All marks/labels must comply with EPA marking for-
mats which specify size, color, and design [761.45].
All PCB large high voltage capacitors which are in service (including
stored for reuse) must be marked individually with the mark ML (PCB
label); or, if one or more PCB large high voltage capacitors are installed in
a protected location such as on a power pole or behind a fence, then the
pole or fence can be marked provided that records are maintained identify-
ing the PCB capacitors at the protected location [761.40(c)(2)(ii)].
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All PCB large high voltage capacitors must be marked individually with the
mark ML (PCB label) at the time of removal from use if not already marked
[761.40(a)(3)j.
PCB large low voltage capacitors are not required to be marked while in
service, but must be marked at the time of removal from use [761.40(a)(5)].
All marks/labels must be placed in a position on the exterior of the capaci-
tor or other approved structure so that the marks can be easily seen by
persons inspecting the capacitor(s) [761.40(h)].
PHASE OUT REQUIREMENTS
After October 1,1988, the use and storage for reuse of PCB large, high
and low voltage capacitors which pose an exposure risk to food or feed is
prohibited [761.30(1)]. It is the owner's responsibility to determine whether
the PCB capacitor poses an exposure risk to food or feed.
After October 1,1988, the use of all PCB large, high and 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 contained and restricted access indoor installation must
have adequate roof, walls, and floor to contain any release of PCBs within
the indoor location [761.30(1)].
Q4 Can large PCB capacitors be used for the remainder of their useful life provided they
are located in a restricted-access electrical substation?
A4 Yes. However, if the location of the PCB capacitors within the substation still poses
an exposure risk to food or feed, the continued use of these units is prohibited after
October 1, 1988.
Q5 Can large PCB capacitors be used for the remainder of their useful life if they are
located in an electrical power plant?
A5 Only if the power plant is a restricted access building and has adequate roof, walls,
and floors which would contain any release of PCBs within the power plant.
USE CONDITIONS
Large PCB capacitors may be used for the remainder of their useful lives, subject to
the phase out requirements. Non-PCB capacitors are unregulated for use.
Inspections: No recorded maintenance inspections are required for large
PCB capacitors. However, ruptures, leaks, and other uncontrolled dis-
charges from PCB capacitors are considered improper disposal of PCBs,
and must be cleaned up in accordance with the "National PCB Spill
Cleanup Policy" in order to avoid enforcement action.
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SERVICING CONDITIONS
The servicing of large PCB capacitors is prohibited without an EPA exemption.
CAPACITORS THAT POSE AN EXPOSURE RISK TO FOOD OR FEED
The use and storage for reuse of large PCB capacitors that pose an exposure risk to
food or feed became prohibited after October 1, 1988, [761.30(1)]. It is the owner's
responsibility to determine whether the PCB capacitor poses an exposure risk to
food or feed.
Q6 Should a person consider catastrophic failure, such as ruptures, explosions, or fire
when trying to determine whether or not a large PCB capacitor poses an exposure
risk to food or feed?
A6 One must consider the location of a specific PCB capacitor in relation to food or feed
products, and all other available information. If there is a reasonable possibility of
contact between PCBs and food or feed, the capacitor must be considered a risk. In
evaluating the exposure risk, it is useful to consider a hypothetical situation in which
PCBs are discharged in any way from the capacitor, such as through a rupture or a
leak. The question to be asked is whether contact between food or feed and PCBs is
reasonably possible. PCB capacitors that are located adjacent to or above food or
feed products pose an exposure risk, unless there is secondary containment or
another physical structure that prevents PCB discharges from contaminating the
food or feed. For purposes of determining if a capacitor poses an exposure risk to
food or feed, it is not necessary to consider rare events. The standard to be applied
is a reasonable possibility of contamination of food or feed by PCBs.
STORAGE FOR REUSE
Large capacitors containing PCBs in any concentration may be stored for reuse
provided the storage does not pose an exposure risk to food or feed. There are no
time limitations on this storage; however, the large PCB capacitors which are being
stored for reuse must be in a condition suitable for reuse, and the owner of the
capacitors should be able to demonstrate a reasonable need to store spare capaci-
tors for reuse in a restricted access electrical substation or other restricted access
indoor installation. Capacitors stored for reuse are considered by EPA to be "in-
service" for purposes of the regulations. These capacitors must be handled as in-use
capacitors and all requirements including marking, recordkeeping, and disposal re-
main the same.
STORAGE FOR DISPOSAL
All large PCB capacitors must be dated when placed into storage for disposal and
must be removed from storage and disposed of within one year [761.65(a)].
Q7 Does each large PCB capacitor in storage for disposal have to be dated, or would a
storage log or list indicating these dates be sufficient?
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A7 Each PCB Article, including individual PCS capacitors, must be dated on the article
when placed into storage for disposal [761.65(c)(8)j. Consequently, the mere listing
of dates on a storage log or list is not sufficient.
The facility used to store large PCB capacitors for disposal must comply with the
"storage for disposal" requirements [761.65(b)(1)]. See the chapter on "PCB Storage
Facilities" for specific requirements.
Non-leaking large PCB capacitors may be stored temporarily in an area that does
not comply with the requirements for a PCB storage facility for up to 30 days from
the date of their removal from service for disposal, provided that a notation is at-
tached to each capacitor indicating the dates the capacitor was removed from serv-
ice [761.65(c)(1)(i)] and placed into storage for disposal [761.65(c)(8)].
Leaking PCB capacitors which are placed in appropriate PCB Containers
[761.65(c)(6)] with sufficient sorbent materials to absorb any liquid PCBs, may also
be temporarily stored for up to 30 days provided that a notation is attached to the
container indicating the dates the capacitor was removed from service
[761.65(c)(1)(ii)] and placed into storage for disposal [761.65(c)(8)]. Each container
or drum used to store leaking PCB capacitors must be marked in accordance with
EPA marking and labeling requirements [761.40(a)(1)].
Non-leaking and structurally undamaged PCB large high voltage capacitors may also
be stored for more than 30 days on pallets next to a PCB storage facility which
meets the requirements for storage for disposal. This type of storage is permitted
only when the storage facility has immediately available unfilled storage space equal
to 10% of the volume of capacitors and equipment stored outside the facility. The
capacitors stored outside the facility must be inspected for leaks weekly
[761.65(c)(2)], and a notation must be attached to each capacitor indicating the
dates the capacitor was removed from service [761.65(c)(1)] and placed into storage
for disposal [761.65(c)(8)J.
DISPOSAL
Large PCB capacitors must be disposed of as follows:
In an incinerator that complies with 40 CFR 761.70.
By an alternative EPA approved and permitted method in accordance with
761.60(e).
RECORDKEEPING
Owners or operators of facilities which use or store 50 or more large PCB capacitors
shall develop and maintain records on the disposition of the PCB capacitors
[761.180(a)]. These records shall form the basis of an annual document which must
be prepared each year by the facility and must be maintained for at least five years
after the facility ceases using or storing PCBs and PCB Items. See the chapter on
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"Recordkeeping" for a detailed discussion of annual documents.
The following information should be maintained for large RGB capacitors for the
annual document (if required):
Each year, a summary of the total number of large PCB capacitors in
service and stored for reuse as well as the total number of large PCB
capacitors removed from service for disposal during the calendar year
[761.180].
The dates when PCB capacitors are removed from service, are placed in
storage for disposal, and are placed into transport for disposal
The total weight in kilograms of any leaking PCB capacitors in PCB
Containers/drums [761 .1 80(a)(1 )(i)].
The location of the initial disposal or storage facility and the name of the
owner or operator of the facility [761 .1 80(a)(2)].
Q8 In my records, must I convert the weight of each PCB capacitor to kilograms?
A8 No. Only leaking PCB capacitors in PCB Containers (e.g. drums) are required to be
converted to kilograms using the total weight of the PCB Container and its contents.
Q9 Do I have to keep written inspections for PCB capacitors?
A9 No recorded maintenance inspections are required for PCB capacitors. However,
ruptures, leaks, and other uncontrolled discharges from PCB capacitors are consid-
ered improper disposal of PCBs.
SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs running off or about to run off the external surface of a large PCB
capacitor is considered improper disposal of PCBs. The new EPA "National PCB
Spill Cleanup Policy" provides specific cleanup measures which, if followed explicitly,
create a presumption against enforcement for penalties or further cleanup. See the
chapter on "PCB Spill Cleanup Policy" for specific requirements.
PCB spills involving 10 IDS. or more of PCBs (generally 1-2 gallons of Askarel) must
be reported to the National Response Center at (800)424-8802 as well as the appro-
priate regional EPA office. Failure to notify the NRC is a criminal violation with a
possible penalty of up to $10,000 and/or up to one year in prison. Any spill should
be reported when people or animals can come into direct and uncontrolled contact
with PCBs.
Measures must immediately be taken to control the spread of the spill. Any threats to
water should be given highest priority. Water and other complicated spills should be
cleaned up by trained personnel to levels set by the appropriate EPA Regional
Administrator. Organizations who frequently handle PCBs should develop spill con-
11-7
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tingency plans and conduct training for dealing with spills.
Once a spill is contained, cleanup measures can begin. EPA requires cleanup of
PCBs to different levels depending on spill location, the potential for exposure to
residual PCBs remaining after cleanup, the concentration of PCBs initially spilled,
and the nature and size of the population potentially at risk of exposure. While the
new PCB spill cleanup policy applies to the majority of situations, exceptional circum-
stances may require additional cleanup at the direction of the EPA regional office. A
detailed description of the specific reporting, cleanup, recordkeeping, and post-
cleanup sampling requirements is found in the chapter on "PCB Spill Cleanup Pol-
icy."
Other minor weeping and seeping from PCB capacitor bushings and seams not
covered by the spill policy is still considered improper disposal of PCBs and compels
responsible parties to take actions to rectify the exposure of humans and the envi-
ronment to PCBs.
A10 Do records and/or spill reports have to be kept for all PCB capacitors which rupture?
A10 In order to avoid improper disposal penalties, the PCB Spill Cleanup Policy requires
specific recordkeeping when a PCB capacitor ruptures or spills. See the chapter on
"PCB Spill Cleanup Policy" for specific spill recordkeeping requirements.
SMALL CAPACITORS
Small Capacitors commonly contain between 0.1 and 0.6 pounds of PCBs and are
used in fluorescent light ballasts, household appliances, and industrial equipment. In
most applications, the equipment containing the small capacitor in its circuitry can-
not function without it.
Since these capacitors contain small quantities of dielectric fluid and significant
amounts of absorbant material such as paper, and because many of these capaci-
tors are encapsulated, large amounts of PCBs are not released from these capaci-
tors during their use in appliances or other equipment containing small capacitors.
Therefore, exposure risks to humans, food, feed, water, or the environment from the
use of these capacitors are generally low. In conclusion, EPA finds that the use of
small capacitors containing PCBs is not unreasonable because their use provides
society with the benefits from the use of millions of pieces of electronic equipment
and consumer products, it avoids billions of dollars in replacement costs, and there
appears to be no practical cost-effective risk reduction measures.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in small capacitors is
prohibited without an EPA exemption [761.20(b)].
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PROCESSING
The processing of RGBs, 50 PPM or greater, for use in small capacitors is prohibited
without an EPA exemption [761.20(c)]. However, PCBs in any concentration may be
processed (i.e. prepared and/or packaged for distribution in commerce) for purposes
of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sate of Smalt PCB Capacitors)
The distribution in commerce of PCBs, 50 ppm or greater, for use in small capacitors
is prohibited without an EPA exemption [761.20(c)]. However, PCBs at any concen-
tration may be distributed in commerce for purposes of disposal [761.20(c)(2)].
Disposal, in this context, means the termination of the useful life of the PCB or
PCB-contaminated capacitors. The processing and distribution in commerce of non-
PCB capacitors (less than 50 ppm PCBs) is allowed without restriction.
The distribution in commerce (sale) of a small PCB capacitor for reuse or resale is
allowed provided:
the small capacitor was originally sold for use before July 1,1979;
the small capacitor is intact and non-leaking at the time of sale;
no PCBs are introduced into the small capacitor; and,
the small capacitor is sold only within the U.S.
MARKING/LABELING
Small PCB capacitors are not required to be marked or labeled while in service or
when removed from service for disposal.
However as of January 1, 1979, all PCB Equipment containing a small PCB capaci-
tor shall be marked at the time of manufacture with the statement: "This equipment
contains PCB capacitor(s)." The mark shall be the same size as the mark ML mark
[761.40(d)(1)J.
USE CONDITIONS
EPA has not placed any restrictions on the use of small PCB capacitors.
SERVICING CONDITIONS
The servicing of small PCB capacitors is prohibited without an EPA exemption.
11-9
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STORAGE FOR REUSE
There are no restrictions or limitations on the storage for reuse of small PCB capaci-
tors provided that the capacitors are in a condition suitable for reuse.
STORAGE FOR DISPOSAL
There are no time restrictions or storage requirements on the storage for disposal of
small PCB capacitors provided that they are intact and non-leaking [761.60(b)(6)].
However, a PCB Container (e.g. drum) which contains leaking small PCB capacitors
must be marked, dated, and placed into proper storage in accordance with the
regulatory requirements for a "PCB Container," and must be removed from service
and disposed of within one year [761.65(a)J.
DISPOSAL
Small PCB capacitors and equipment containing small PCB capacitors may be dis-
posed of as municipal solid waste except that any small PCB capacitor owned by
any person who manufactures or at any time manufactured PCB capacitors or PCB
Equipment and acquired the PCB capacitors in the course of such manufacturing
must be disposed as follows:
In an incinerator that complies with 40 CFR 761 .70.
By an alternative EPA approved and permitted method.
EPA recommends that where several small PCB capacitors are banded together
within a single compartment (e.g., irrigation capacitors) or are gathered together in
drums or containers, that the disposal method be determined by the combined
amount PCBs in the several capacitors. That is, if 3 Ibs. or more of PCBs are
contained in the several small capacitors, the agency recommends that the several
small capacitors be disposed of in accordance with the requirements for large ca-
pacitors. Also, EPA encourages commercial and industrial users of large amounts of
small PCB capacitors to institute voluntary collection programs to dispose of the
small capacitors in PCB incinerators.
In addition, shredded materials ("fluff") that contain PCBs spilled from numerous
small PCB capacitors (usually associated with scrapping and/or shredding activities)
is considered to be spills, leaks and uncontrolled discharge of PCBs (i.e. improper
disposal), and is subject to cleanup requirements in accordance with the "National
PCB Spill Cleanup Policy" to avoid improper disposal penalties.
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs running off or about to run off the external surface of a small PCB
capacitor is considered improper disposal of PCBs. The new EPA "National PCB
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Spill Cleanup Policy" provides specific cleanup measures which, if followed explicitly,
create a presumption against enforcement for penalties or further cleanup. See the
chapter on "PCS Spill Cleanup Policy" for specific requirements.
Other minor weeping and seeping from PCS capacitor bushings and seams not
covered by the spill policy is still considered improper disposal of PCBs and compels
responsible parties to take actions to rectify the exposure of PCBs to humans and
the environment.
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- HEAT TRANSFER AND HYDRAUUC SYSTEMS -
RGBs were manufactured for use in heat transfer and hydraulic systems that were
utilized in a variety of industries until 1972. Heat transfer systems, containing PCB
fluids, were used in the inorganic chemical, organic chemical, plastics and synthet-
ics, and petroleum refining industries. The aluminum, copper, iron, and steel forming
industries used hydraulic systems with commercial Aroclor PCB fluids. High PCB
levels apparently remained in some systems until at least 1979. In addition, some
unknown quantity of unused PCB fluids was probably kept by facilities after produc-
tion ceased in 1972 and was used for topping-off hydraulic and heat transfer sys-
tems.
Under section 6(e)(2) of TSCA, EPA may authorize the use of PCBs if the Agency
finds that the use will not present an unreasonable risk to human health or the
environment. Thus, EPA has approved the use of PCBs in heat transfer and hydraulic
systems at concentrations less than 50 ppm (under specific conditions) for the
remainder of their useful lives.
Numerous substitutes for PCBs have been used in heat transfer and hydraulic sys-
tems to lower the PCB concentration levels to less than 50 ppm. Included among the
chemical compounds used in non-PCB substitutes for hydraulic fluid are phosphate
esters, water/glycol solutions, and water/oil emulsions. In addition, various non-PCB
heat transfer fluids are available. These include modified ester, synthetic hydrocar-
bons, polyaromatic compounds, partially hydrogenated and mixed terphenyls, and
blends of diphenyls.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in heat transfer and
hydraulic systems is prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in heat transfer and hydraulic
systems is prohibited without an EPA exemption [761.20(c)]. However, PCBs at
concentrations less than 50 ppm may be processed for use in heat transfe. and
hydraulic systems (under specific conditions) in accordance wrth the definite of
"Excluded PCB Products" [761.3]. Also, PCBs at any concentration may be proc-
essed (i.e., prepared or packaged for distribution in commerce) for purposes of
disposal [761.20(c)(2)].
COMMERCE (Sate of Heat Transfer & Hydraulic Systems)
in commerce (sale) of a heat transfer or hydraulic system for reuse
SSSSS** Jh PCBs (50 ppm or greater) is prohibited without
exmption [761.20(c)]. However, PCBs at any concentrate may be d.stnb-
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uted in commerce for purposes of disposal [761.20(c)(2)]. Disposal, in this context,
means the termination of the useful life of the heat transfer or hydraulic system.
EXEMPTIONS TO MANUFACTURE. PROCESS. AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCBs in heat
transfer and hydraulic systems or PCB fluids for use in heat transfer and hydraulic
systems may be granted only by rulemaking on a case-by-case basis. The EPA
administrator may set terms and conditions for an exemption and may grant an
exemption for not more than one year. EPA interim procedural rules for processing
and distribution in commerce exemptions describe the required content of process-
ing and distribution in commerce exemptions petitions and the procedures EPA
follows in rulemaking on exemption petitions. Those rules were published in the
Federal Register of May 31, 1979 (44 FR 31558) and are codified at 40 CFR 750.30
through 750.41.
MARKING/LABELING
All heat transfer and hydraulic systems with PCB concentrations of 50 ppm or greater
must be marked in accordance with EPA marking and labeling requirements
[761.40]. All marks/labels must comply with EPA marking formats which specify size,
color, and design [761.45]. All marks/labels must be placed in a position on the
exterior of the system so that the mark/label can be easily read by persons inspect-
ing or servicing the system [761.40(h)].
USE AND SERVICING CONDITIONS
In 1979 EPA authorized the continued use of PCBs in concentrations of 50 ppm or
greater in heat transfer and hydraulic systems in conjunction with a required retrofill
program. These use authorizations expired on July 1,1984. EPA assumed that the
conditions of those use authorizations, which required retrofitting all contaminated
systems with non-PCB fluids, would reduce the PCB concentration levels in all of
those systems to below 50 ppm by July 1, 1984.
When the 50 ppm regulatory cutoff was overturned in 1984 (as a consequence of
EOF v. EPA), the status of reducing PCB concentrations in heat transfer and hydrau-
lic systems to less than 50 ppm was unclear. The July 10,1984 ruling authorized the
continued use of heat transfer and hydraulic systems with PCB concentrations less
that 50 ppm (under specific conditions) for the remainder of their useful lives. How-
ever, the use of heat transfer and hydraulic systems with PCB concentrations of 50
ppm or greater became unlawful after July 1,1984.
As of July 1, 1984, intentionally manufactured PCBs at concentrations less than 50
ppm may be used in heat transfer and hydraulic systems for the remainder of their
useful lives if the following requirements are met:
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Each owner of a heat transfer or hydraulic system that ever contained 50
ppm or greater PCBs was required to test their system for PCB concentra-
tion by no later than November 1,1979, and retest the system at least
annually thereafter [761.30(d)&(e)].
Within six months of a test indicating the system's fluid contains 50 ppm or
greater PCBs, the system must be drained of PCBs and refilled with non-
PCB fluid containing less than 50 ppm PCB [761.30(d)&(e)].
All subsequent required annual retests must be performed at least three
months after the most recent fluid refilling. Then, when a test shows that
the PCB concentration in the system is less than 50 ppm, further testing is
no longer required [761.30(d)&(e)].
After November 1,1979, no heat transfer system that is used in the manu-
facture or processing of any food, drug, cosmetic or device, as defined in
Section 201 of the Federal Food, Drug, and Cosmetic Act, may contain
transfer fluid with 50 ppm or greater PCB [761.30(d)(3)].
Servicing, including topping-off, heat transfer and hydraulic systems with
fluids containing PCB concentrations 50 ppm or greater is prohibited
[761.30(d)&(e)].
All testing data must be retained for five years after the heat transfer or
hydraulic system reaches less than 50 ppm PCBs [761.30(d)&(e)].
Q1 Do Vitonฎ elastomer gloves still have to be provided by system owners and worn by
system maintenance personnel?
A1 The Vitonฎ glove requirements found in the July 10,1984 rule resulted in numerous
comments by OMC, ADCI, and others to EPA. Because of the interest aroused by
these requirements, EPA has re-examined the potential exposures and economic
impacts, and has concluded that the Vitonฎ glove requirement is not necessary to
protect against any unreasonable risks presented by the continued use of authorized
(less than 50 ppm) heat transfer and hydraulic systems. Consequently, EPA has
amended the July 10,1984 rule in the Federal Register of June 27,1988, by deleting
the Vitonฎ glove requirements from the use authorizations. The use of impermeable
gloves to prevent dermal contact with PCB containing fluids may be warranted, but
the choice of such protection will be dependent upon such factors as duration of
exposure, concentration of PCBs, and the permeability of the glove material.
STORAGE FOR REUSE
The continued use and storage for reuse of heat transfer and hydraulic systems
containing 50 ppm or greater PCBs is prohibited without an EPA exemption
[761.20(a)].
EPA has not placed any restrictions on the storage for reuse of non-PCB (less than
50 ppm) heat transfer and hydraulic systems.
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STORAGE FOR DISPOSAL
EPA has not placed any restrictions on the storage for disposal of non-PCB (less
than 50 ppm) heat transfer and hydraulic systems.
DISPOSAL
EPA has not placed any restrictions on the disposal of non-PCB (less than 50 ppm)
heat transfer and hydraulic systems. However, non-PCB fluids (2-49 ppm) generated
from the draining of a non-PCB heat transfer or hydraulic system can only be burned
for energy recover in accordance with EPA restrictions on burning used oils as
outlined under 761.20(e)(3). See the chapter on "Excluded PCB Products" for a
detailed discussion on burning non-PCB used oils.
RECORDKEEPING
Each owner of a heat transfer or hydraulic system that ever contained PCBs at
concentrations 50 ppm or greater must maintain all servicing and retrofill records as
well as all PCB testing data for five years after the PCB concentration in the system
was reduced to less than 50 ppm [761.30(d)(5)&(e)(5)].
Disposition records should be maintained for all PCB liquids (50 ppm or greater)
which are drained from heat transfer and hydraulic systems for disposal. In addition,
all owners of heat transfer and hydraulic systems who at one time have stored at
least 45 kilograms (99.4 pounds) of PCB liquids in PCB Containers must develop
and maintain annual documents for each calendar year [761.80(a)]. See the chapter
on "Recordkeeping" for a detailed discussion of annual documents.
SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs (50 ppm or greater) running off or about to run off the external
surface of a heat transfer or hydraulic system is considered improper disposal of
PCBs. The new EPA "National PCB Spill Cleanup Policy" provides specific cleanup
measures which, if followed explicitly, create a presumption against enforcement fo
penalties or further cleanup. See the chapter on "PCB Spill Cleanup Policy" for
specific requirements.
Other minor weeping and seeping from heat transfer and hydraulic systems with
PCB concentrations 50 ppm or greater is still considered improper disposal of PCBs
and compels responsible parties to take actions to rectify the exposure of humans
and the environment to PCBs.
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- NATURAL GAS PIPELINES -
PCB contamination in natural gas pipeline compressors and natural gas pipeline
liquids is believed to have occurred through several sources. The major sources of
contamination are thought to be: lubricating oils used in the compressors; 'logging"
of the lines with an oil vapor to minimize the entrapment of dust and other particles
in the pipeline system; and, migration of PCBs from contaminated lines into other
systems. By the 1960's, fogging of pipelines was virtually non-existent due to im-
proved dry filters and the replacement of cast iron pipe with welded steel pipes.
PCBs have not been used as lubricating oils in compressors since the 1970's.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in natural gas pipe-
lines is prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in natural pipelines is prohibited
without an EPA exemption [761.20(c)]. However, PCBs at concentrations less than
50 ppm may be processed for use in natural gas pipelines (under specific condi-
tions) in accordance with the definition of "Excluded PCB Products" [761.3]. Also,
PCBs at any concentration may be processed (i.e. prepared and/or packaged for
distribution in commerce) for purposes of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE
The distribution in commerce of PCBs, 50 ppm or greater, for use in natural gas
pipelines is prohibited without an EPA exemption [761.20(c)j. However, pipes and
other reusable materials from natural gas pipelines with PCB concentrations less
than 50 ppm may be distributed in commerce for reuse (under specific conditions) in
accordance with the definition of "Excluded PCB Products" [761.3]. PCBs at any
concentration may be distributed in commerce for purposes of disposal
[761.20(c)(2)].
USE CONDITIONS
EPA has determined that the use of PCBs in natural gas pipeline compressors
(compressors used for the transmission of gas) and in the liquid found in natural gas
pipelines at concentrations of less than 50 ppm does not present an unreasonable
risk to human health or the environment. Therefore, EPA has authorized the contin-
ued use of PCBs at concentrations less than 50 ppm in natural gas pipeline com-
pressors and liquids indefinitely [761.30(i)], provided that the compressors are
marked/labeled in accordance with EPA marking requirements [761.45(a)].
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MARKING/LABELING
Natural gas pipeline compressors which are contaminated with PCBs, regardless of
concentration, must be marked/labeled in compliance with EPA marking require-
ments [761,40(a)J. All marks/labels must comply with EPA marking formats which
specify size, color, and design [761.45]. All marks/labels must be placed in a position
on the compressor so that the mark can be easily read by persons inspecting or
servicing the compressor [761.40(h)].
STORAGE FOR DISPOSAL
All PCB waste (50 ppm or greater) generated from natural gas pipelines (such as
used pipe, liquids contaminated with PCBs, and solids/debris contaminated with
PCBs) must be stored in accordance with EPA storage requirements under 761.65.
Liquids and/or solids (e.g. rags, dirt, debris) contaminated with PCBs (50 ppm or
greater) must be placed into proper containers for storage for disposal. The above
PCB Articles (used pipe) and PCB Containers (liquids and/or solids) 50 ppm or
greater must be dated when placed into storage for disposal [761.65(c)(8)] and must
be removed from storage and disposed of within one year [761.65(a)].
The facility used to store PCB waste (50 ppm or greater) generated from natural gas
pipelines must comply with the storage for disposal requirements under 761.65(b)(1).
See the chapter on "PCB Storage Facilities" for specific requirements.
Non-leaking PCB Articles may be stored temporarily in an area that does not comply
with the requirements for a PCB storage facility for up to 30 days from the date of
their removal from service for disposal, provided that a notation is attached to each
article indicating the dates the article was removed from service [761.65(c)(1 )(i)], and
placed into storage for disposal [761.65(c)(8)].
DISPOSAL
All PCB waste (50 ppm or greater) including used pipe, condensate, and other
liquids and solids contaminated with PCBs at levels 50 ppm or greater, must be
disposed of in accordance with EPA disposal requirements under 761.60. See the
chapter on "PCB Disposal Requirements" for specific requirements.
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- ELECTROMAGNETS, SWITCHES, AND VOLTAGE REGULATORS -
Electromagnets are primarily used over conveyer belts to remove iron from non-
magnetic commodities. Electromagnets designed to contain PCBs are used in areas
such as coal mines, coal preparation plants, and coal-fired generating stations.
Voltage regulators and switches (including sectionalizers and motor starters) are
used by electric utilities and industry to control, transmit, and distribute electric
power efficiently. Almost all of this electrical equipment is mineral oil filled and not
designed to contain PCB (Askarel) dielectric fluid. However, many voltage regulators,
switches and also electromagnets have become contaminated with PCBs through
historic maintenance and servicing activities. In addition, voltage regulators are par-
ticularly susceptible to PCB contamination as they often contain a small PCB starter
capacitor which, if it leaks or ruptures, is notorious for contaminating the regulator's
mineral oil dielectric fluid.
Electromagnets, switches, and voltage regulators which contain mineral oil dielectric
fluid are not required to be tested for PCBs. It is very important to note, however, that
electromagnets, switches and voltage regulators, whose PCB concentration is un-
known, must be assumed to be PCB-contaminated electrical equipment (50-499
ppm) and must be treated as such. This "assumption rule" affectively applies to all
regulatory requirements relating to the equipment including: use and servicing, leaks
and spills, sale for reuse, storage for disposal, and disposal.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in electromagnets,
switches, and voltage regulators is prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in electromagnets, switches, or
voltage regulators is prohibited without an EPA exemption [761.20(c)J. However,
PCBs at concentrations less than 50 ppm may be processed for use in electromag-
nets switches and voltage regulators (under specific conditions) in accordance with
the definition of "Excluded PCB Products" [761.3]. Also, PCBs at any concentration
may be processed (i.e. prepared and/or packaged for distribution in commerce) for
purposes of disposal [761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sale of Electromagnets. Switches, and Voltage
Regulators}.
The distribution in commerce of PCBs, 50 ppm or greater for use in electromagnets,
switches and voltage regulators is prohibited without an EPA exemption [761.20(c)].
However' PCBs at concentrations less than 50 ppm may be distributed in commerce
for use in electromagnets, switches, and voltage regulators (under specif.c cond.-
V-1
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tions) in accordance with the definition of "Excluded PCB Products" [761.3]. Also,
PCBs at any concentration may be distributed in commerce for purposes of disposal
[761.20(c)(2)]. Disposal, in this context, means the termination of the useful life of the
PCB or PCB-contaminated electromagnet, switch, or voltage regulator.
The distribution in commerce (sale) of electromagnets, switches, and voltage regula-
tors which contain PCBs in concentrations of 50 ppm or greater (known or assumed)
for purposes of reuse or resale is allowed provided:
the unit was originally sold for use before July 1,1979;
the unit is intact and non-leaking at the time of sale;
no PCBs are introduced into the unit; and,
the unit is sold only within the U.S.
Q1 Does this mean that I can sell a PCB or PCB-contaminated voltage regulator, switch,
or electromagnet?
A1 Yes. If the equipment was originally sold for use before July 1, 1979, and is now
being sold for reuse or resale (i.e. continued use). Also, the unit must be intact and
non-leaking. EPA recommends that the buyer be advised that he is purchasing a
PCB or PCB-contaminated unit.
Q2 What does intact and non-leaking mean?
A2 Intact and non-leaking means that the equipment is structurally sound with all fluid
intact and there are no leaks anywhere on the equipment.
Q3 Can I sell drained PCB-contaminated voltage regulator and/or switch carcasses
(known or assumed 50-499 ppm) to a rebuilder for reuse as parts in repair and
remanufacturing activities?
A3 No. Selling drained 50-499 ppm carcasses for reuse is an unauthorized distribution
in commerce of PCBs and is prohibited without an EPA exemption. On the other
hand, non-PCB carcasses (less than 50 ppm) can be sold for reuse (under specific
conditions) in accordance with the definition of "Excluded PCB Products" [761.3].
Q4 Can I sell drained PCB-contaminated voltage regulator and/or switch carcasses
(known or assumed 50-499 ppm) to a scrap or salvage dealer for metals recovery?
A4 Yes The sale of drained 50-499 ppm carcasses for scrapping or salvaging is gener-
ally considered distribution in commerce for purposes of disposal and is allowed with
certain limitations To qualify as disposal, the scrapping practice must be one which
will" terminate the useful life of PCBs or PCB Items" [761.3]; or, in other words, will
destroy any residual PCBs found in the drained carcasses. Salvaging aimed at
reclamation of the metals found in the case and coil generally constitutes disposal,
because any residual PCBs are destroyed by the high temperatures employed in the
smelting process. However, where salvaging consists of disassembling the drained
equipment to obtain parts for reuse in other equipment, the useful life of the equip-
ment has not been fully terminated and thus is not considered disposal. In sum, the
scrapping/salvaging of 50-499 ppm drained equipment is unregulated to the extent
that: (1) scrapping practices do not result in leaks, spills, or other uncontrolled
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discharges of PCBs, and (2) any PCB-contaminated components are not reintro-
Hi i/^oH intrt onmrriQr/^Q
duced into commerce
EXEMPTIONS TO MANUFACTURE. PROCESS. AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCBs in electro-
magnets, switches, and voltage regulators may be granted only by rulemaking on a
case-by-case basis. The EPA administrator may set terms and conditions for an
exemption and may grant an exemption for not more than one year. EPA interim
procedural rules for processing and distribution in commerce exemptions describe
the required content of processing and distribution in commerce exemptions peti-
tions and the procedures EPA follows in rulemaking on exemption petitions. Those
rules were published in the Federal Register of May 31,1979 (44 FR 31558) and are
codified at 40 CFR 750.30 through 750.41.
MARKING/LABELING
Marking/labeling of electromagnets, switches, and voltage regulators, regardless of
PCB concentration, is not required.
PHASE OUT REQUIREMENTS
After October 1,1985, the use and storage for reuse of any PCB electromagnet (500
ppm or greater) which poses an exposure risk to food or feed is prohibited
[761.30(h)(1)]. It is the owner's responsibility to determine whether the electromagnet
poses an exposure risk to food or feed.
USE CONDITIONS
PCB and PCB-contaminated electromagnets, switches, and voltage regulators may
be used for the remainder of their useful lives subject to the following conditions:
Inspections: No recorded maintenance inspections are required for PCB
or PCB-contaminated electromagnets, switches, or voltage regulators.
However, owners of PCB electromagnets (500 ppm or greater) which
posed an exposure risk to food or feed prior to October 1, 1985, must
maintain the weekly inspection records required under 761.30(h)(1)(ii).
SERVICING AND RECLASSIFICATION CONDITIONS
The processing of PCB and PCB-contaminated electromagnets, switches, and volt-
age regulators is limited to servicing activities. These servicing activities include:
draining and refilling, topping off, repairing, and retrofilling for reciassification
[761.30(h)(2)].
V-3
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The processing and distribution in commerce of PCBs, 50 ppm or greater, for pur-
poses of servicing and repairing customer's equipment is prohibited without an EPA
exemption [761.30 (h)(2)(vii)]. However, an exemption is not required to service your
own PCB or PCB-contaminated electromagnet, switch, or voltage regulator with the
PCB or PCB-contaminated fluid you already own, in accordance with the regulations.
Also, you can service a customer's unit if you use non-PCB or PCB-free fluid; and,
you are allowed to refill a customer's unit with the same fluid that came out of the
unit, regardless of PCB concentration.
The processing (servicing) of non-PCB electromagnets, switches, and voltage regu-
lators with non-PCB fluids and/or components is allowed without restriction.
A PCB electromagnet, switch, or voltage regulator may be reclassified to a PCB-
contaminated or non-PCB unit by draining, refilling, and otherwise servicing the unit.
In order to reclassify, the unit's dielectric fluid must contain less than 500 ppm PCB
(for conversion to PCB-contaminated level) or less than 50 ppm PCB (for conversion
to non-PCB level) after a minimum of three months of in-service use subsequent to
the last servicing conducted for the purposes of reducing the PCB concentration in
the unit. In-service means that the unit is used electrically under loaded conditions
[761.30(h)(2)(v)].
The following conditions also apply to service activities:
Removing the coil from PCB electromagnets, switches, or voltage regula-
tors (500 ppm or greater) is prohibited [761.30 (h)(2)(i)].
PCB-contaminated electromagnets, switches, and voltage regulators may
be serviced (including rebuilding) only with dielectric fluid containing less
than 500 ppm PCB [761.30 (h)(2)(ii)].
PCBs, 50 ppm or greater, removed during servicing must be either reused
as dielectric fluid or disposed of in accordance with EPA requirements
[761.30(h)(2)(iH)].
PCBs from PCB electromagnets, switches, and voltage regulators must
not be mixed with or added to dielectric fluid from PCB-contaminated
electromagnets, switches, and voltage regulators [761.30 (h)(2)(iii)].
If dielectric fluid containing less than 500 ppm PCBs is mixed with fluid
containing 500 ppm or greater PCBs, then the resulting mixture must not
be used as dielectric fluid in any electrical equipment. The entire mixture
must be considered to be greater than 500 ppm PCBs and must be
disposed of in an incinerator that meets EPA requirements [761.30
Any dielectric fluid containing 50 ppm or greater PCBs used for servicing
electromagnets, switches, or voltage regulators must be stored in accor-
dance with the storage for disposal requirements [761.30 (h)(2)(vi)].
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Q5 Is an electromagnet, switch, or voltage regulator required to reach 50ฐ centigrade
during the 90-day in-service period for proper reclassification?
A5 No. Unlike transformers, there is no 50ฐ centigrade requirement for reciassification of
these types of equipment [761.30 (h)(2)(v)].
Q6 Do electromagnets, switches, and voltage regulators have to be tested to determine
their PCB concentration? If not, how can I determine the equipment's classification?
A6 The regulations do not require that these types of equipment be tested to determine
the PCB concentration in their fluid. However, in the absence of a test, certian
assumptions should be made about the equipment. For example, if the nameplate
indicates that the equipment contains PCB dielectric fluid; or, if there is any reason to
believe that the equipment at one time contained PCB dielectric fluid; or, if there is
no nameplate on the equipment, then the equipment must be assumed to be PCB
classification (500 ppm or greater). Electromagnets, switches, and voltage regulators
which contain mineral oil dielectric fluid and whose PCB concentration is unknown,
must be assumed to be PCB-contaminated electrical equipment (50-499 ppm) and
must be treated as such. These "assumption rules" affectively apply to all regulatory
requirements relating to the equipment including: use and servicing, leaks and spills,
sale for reuse, storage for disposal, and disposal.
Q7 Can screening tests, such as Clor-n-OiP", be used to determine the PCB concentra-
tion of an electromagnet, switch, or voltage regulator? If so, can "Certified Non-PCB"
labels be used to classify electromagnets, switches, or voltage regulators based
upon a screen test?
A7 Currently, the regulations do not require that any particular testing method be utilized
when determining the PCB concentration in electromagnets, switches, or voltage
regulators. However, owners of these types of equipment should prudently scrutinize
PCB testing options, as there are significant differences in the integrity and accuracy
of various testing methods. It should be noted that, in most situations, EPA will utilize
laboratory gas-chromatography (GC) testing to determine PCB concentrations dur-
ing facility inspections. EPA recommends that owners of electrical equipment choose
testing methods, and practice sampling procedures, which are analytically accurate,
reproducible, assure quality control, and are certifiable..
The use of non-PCB labels is unregulated by EPA. That is to say, there are no
prohibitions or requirements to place non-PCB labels on electromagnets, switches,
or voltage regulators. However, if non-PCB labels are used to indicate the classifica-
tion of equipment, then owners should be able to provide documentation such as
test results or manufacturer's letters along with historic service records which will
substantiate the non-PCB classification.
Q8 Can I batch test oil samples from several electromagnets, switches, and/or voltage
regulators and classify each unit based upon one test result?
A8 The only place in the regulations where "batch testing" is specifically allowed is under
testing procedures for disposal of PCBs [761.60 (g)]. However, batch testing to
classify equipment for continued use of PCBs is also allowable provided that known
or assumed dilution does not take place. That is, mineral oil that is assumed or
known to contain 50 ppm or greater PCBs must not be mixed with mineral oil that is
known or assumed to contain less than 50 ppm PCBs to reduce the concentration of
PCBs in the batch. It should also be noted that while batch testing is allowed, it does
V-5
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not relieve the owner from any regulatory requirements if an individual unit unknow-
ingly contains a higher concentration of PCBs than was detected in the batch test.
Q9 Many mineral oil filled voltage regulators and switches have no information on their
nameplate indicating that they do, in fact, contain mineral oil dielectric fluid. Without
this nameplate information, am I required to assume that these units are "PCB"
classification (500 ppm or greater)?
A9 The regulations allow "oil-filled" electrical equipment whose PCB concentration is
unknown to be assumed less than 500 ppm (PCB-contaminated, 50-499 ppm). EPA
has received numerous comments from the electric utility industry and others indicat-
ing that significant numbers of mineral oil filled voltage regulators and switches have
no nameplate information about their dielectric fluid. In the absence of this informa-
tion, one could interpret the regulations to require that these units be assumed "PCB"
instead of "PCB-contaminated." However, almost all voltage regulators and switches
are, in fact, mineral oil filled and not designed to use PCB (Askarel) dielectric fluid.
Consequently, it is reasonable to assume that voltage regulators and switches are
"oil-filled" unless: (1) the nameplate indicates that the equipment contains PCB die-
lectric fluid, or (2) if there is any reason to believe that the equipment at one time
contained PCB dielectric fluid, or (3) if there is no nameplate on the equipment. In
these instances, the equipment must be assumed "PCB" classification and treated
and used accordingly.
STORAGE FOR REUSE
Voltage regulators and switches containing PCBs at any concentration may be
stored for reuse. There are no time limitations on this storage; however, voltage
regulators and/or switches (50 ppm or greater) which are stored for reuse must be in
a condition suitable for reuse. These units are considered by EPA to be in-service for
purposes of the regulations.
Electromagnets containing PCBs at any concentration may also be stored for reuse
indefinitely provided that they are in a condition suitable for reuse; except that, the
storage for reuse of a PCB electromagnet which poses an exposure risk to food or
feed is prohibited after October 1,1985.
Q10 How long can I keep a "burned-out" or "non-functional" electromagnet, switch, or
voltage regulator in storage for reuse if I plan on repairing it and using it later?
A10 EPA does not require non-functional electromagnets, switches, or voltage regulators
(regardless of PCB concentration) to be placed into "storage for disposal" if you
intend to repair and reuse the item. However, EPA may have grounds to enforce
aqainst lengthy "storage for reuse" of equipment which is not reasonably expected to
be placed back into service. In other words, while there are no explicit requirements
for or restrictions on, the storage for reuse of equipment which can be repaired, the
owner should be able to demonstrate good faith compliance with the intent of the
storage for disposal requirements and complete any required servicing or repairs
within the same one year time limitation associated with PCB disposal.
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STORAGE FOR DISPOSAL
All PCB and PCB-contaminated electromagnets, switches, and voltage regulators
must be dated when placed into storage for disposal [761 .65 (c)(8)] and must be
removed from storage and disposed of within one year [761 .65 (a)].
The facility used to store PCB and PCB-contaminated electromagnets, switches,
and/or voltage regulators must comply with the "storage for disposal" requirements
[761 .65 (b)(1)]. See the chapter on "PCB Storage Facilities" for specific requirements.
Non-leaking PCB and PCB-contaminated electromagnets, switches, and voltage
regulators may be stored temporarily in an area that does not comply with the
requirements for a PCB storage facility for up to 30 days from the data of their
removal from service for disposal provided that a notation is attached to each unit
indicating the dates the equipment was removed from service [761 .65 (c)(1)(i)], and
placed into storage for disposal [761 .65 (c)(8)].
Leaking PCB and PCB-contaminated electromagnets, switches, and voltage regula-
tors which are placed in appropriate PCB Containers [761 .65 (c)(6)] with sufficient
sorbent materials to absorb any liquid PCBs, may also be temporarily stored for up
to 30 days provided that a notation is attached to the container indicating the dates
the equipment was removed from service [761 .65 (c)(1)(ii)], and placed into storage
for disposal [761 .65 (c)(8)]. Each container or drum used to store leaking PCB Items
must be marked in accordance with EPA marking and labeling requirements [761 .40
Non-leaking and structurally undamaged PCB-contaminated electromagnets,
switches, and voltage regulators that have not been drained of free-flowing dielectric
fluid may also be stored for more than 30 days on pallets next to a PCB storage
facility which meets the requirements for storage for disposal. This type of storage is
permitted only when the storage facility has immediately available unfilled storage
space equal to 1 0% of the volume of the equipment stored outside the facility. The
equipment stored outside the facility must be inspected for leaks weekly [761 .65
(c)(2)], and a notation must be attached to each unit indicating the dates the equip-
ment was removed from service [761 .65 (c)(1)] and placed into storage for disposal
[761.65(c)(8)].
DISPOSAL
PCB electromagnets, switches, and voltage regulators must be disposed of as fol-
lows:
In an incinerator that complies with 40 CFR 761.70.
In a chemical waste landfill provided that all free-flowing liquid PCBs have
been thoroughly drained from the equipment. The PCB liquids that are
removed (including any flushing solvent) must be disposed of in an incin-
erator that complies with 40 CFR 761.70, or by an alternative EPA ap-
proved and permitted method in accordance with 761.60(e).
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PCB-contaminated electromagnets, switches, and voltage regulators must be dis-
posed of as follows:
By draining all free-flowing liquid from the equipment and disposing of the
liquid in an incinerator that complies with 40 CFR 761.70, in a chemical
waste landfill that complies with 761.75, in an approved high efficiency
boiler that complies with 761.65 (a)(2)(iii), or by an alternative EPA ap-
proved and permitted method that complies with 761.60 (e). The disposal
of the drained equipment carcass is not regulated [761.60 (b)(5)(ii)]. (See
Distribution in Commerce)
Non-PCB electromagnets, switches, and voltage regulators (less than 50 ppm PCB)
may be disposed of with the following considerations:
There are no PCB disposal requirements for non-PCB electromagnets,
switches, and voltage regulators. However, certain reuse restrictions apply
to the less than 50 ppm PCB fluid. The non-PCB fluid, if greater than 2
ppm, cannot be used as a sealant, coating, or dust control agent [761.20
(d)]; and also, can only be burned for energy recovery in specific combus-
tion facilities described in 761.20 (e)(1). See the chapter on "Disposal" for a
detailed discussion of the disposal of non-PCB waste oils.
Q11 Oo PCB electromagnets, switches, and voltage regulators have to be filled with a
solvent for 18 hours and redrained before transporting the carcass to a chemical
waste landfill?
A11 No. Unlike PCB Transformers, there is no requirement to fill and flush PCB electro-
magnets, switches, or voltage regulators with solvent prior to disposal of the drained
carcass in a chemical waste landfill. However, owners of PCB Equipment shoud take
appropriate steps to insure that all free-flowing liquid PCBs have been extracted from
the carcass.
RECORDKEEPING
Testing data, inventories, servicing and reclassification records, spill reports, and
disposal records should be maintained for all PCB and PCB-contaminated electro-
magnets, switches, and voltage regulators. Under specific quantity guidelines,
[761.180 (a)] these records are required to form the basis of an annual document
which must be prepared each year and maintained for at least five years after the
facility ceases using or storing PCBs and PCB items. See the chapter on
"Recordkeeping" for a detailed discussion of annual documents.
The following information must be maintained for PCB and PCB-contaminated
electromagnets, switches, and voltage regulators for the annual document (if re-
quired):
The total weight in kilograms of any leaking PCB or PCB-contaminated
electromagnets, switches, or voltage regulators in PCB Containers/drums
[761.180 (a)(1)(i)].
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The location of the initial disposal or storage facility and the name of the
owner or operator of the facility [761.180 (a) (2)].
SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any
quantity of PCBs running off or about to run off the external surface of a PCB or
PCB-contaminated electromagnet, switch, or voltage regulator is considered im-
proper disposal of PCBs. The new EPA "National PCB Spill Cleanup Policy" provides
specific cleanup measures which, if followed explicitly, create a presumption against
enforcement for penalties or further cleanup. See the chapter on "PCB Spill Cleanup
Policy" for specific requirements.
PCB spills involving 1 0 Ibs. or more of PCBs (generally 1 -2 gallons of Askarel) must
be reported to the National Response Center at (800)424-8802 as well as the appro-
priate regional EPA office. Failure to notify the NRC is a criminal violation with a
possible penalty of up to $1 0,000 and/or up to one year in prison. Any spill should
be reported when people or animals can come into direct and uncontrolled contact
with PCBs.
Measures must immediately be taken to control the spread of the spill. Any threats to
water should be given highest priority. Water and other complicated spills should be
cleaned up by trained personnel to levels set by the appropriate EPA Regional
Administrator. Organizations who frequently handle PCBs should develop spill con-
tingency plans and conduct training for dealing with spills.
Once a spill is contained, cleanup measures can begin. EPA requires cleanup of
PCBs to different levels depending on spill location, the potential for exposure to
residual PCBs remaining after cleanup, the concentration of PCBs initially spilled,
and the nature and size of the population potentially at risk of exposure. While the
new PCB Spill Cleanup Policy applies to the majority of situations, exceptional
circumstances may require additional cleanup at the direction of the EPA regional
office A detailed description of the specific reporting, cleanup, recordkeeping, and
post-cleanup sampling requirements is found in the chapter on "PCB Spill Cleanup
Policy."
Other minor weeping and seeping from PCB or PCB-contaminated equipment ca-
pacitor bushings and seams, not covered by the spill policy, is still considered
improper disposal of PCBs and compels responsible parties to take actions to rectify
the exposure of humans and the environment to PCBs.
Q1 2 Do records and/or spill reports have to be kept for all PCB or PCB-contaminated
electromagnets, switchs, or voltage regulators which rupture?
A1 2 fnordeMo avoid improper disposal penalties, the PCB Spill Cleanup Pol.cy requires
recordkeeping when a PCB or PCB-contaminated electromagnet, sw, ch or
regulator ruptures or spills. See the chapter on "PCB Spill Cleanup PoHcy" for
specific spill recordkeeping requirements.
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- CIRCUIT BREAKERS. RECLOSERS. AND CABLE -
Circuit breakers, reclosers, and cable are used primarily by electric utilities in the
transmission and distribution of electric power to protect other equipment in the
electric power system from damage caused by electrical faults. Circuit breakers,
reclosers, and cable are types of oil-filled electrical equipment generally not de-
signed to contain PCBs. However, available data indicate that a small percentage of
this electrical equipment does in fact contain PCBs resulting from past servicing and
manufacturing practices.
One very important difference between circuit breakers, reclosers, and cable is that
they are not required to be "assumed" PCB-contaminated electrical equipment as do
other untested, oil-filled units such as transformers and voltage regulators whose
PCB concentration is unknown. That is to say, circuit breakers, reclosers, and cable
have specifically been excluded from the "Assumption Rule" [761.3]. It is important to
note, however, that if circuit breakers, reclosers, or cable are 50 ppm or greater
PCBs, then all regulatory requirements relating to the equipment including leaks and
spills, storage for disposal, and disposal would apply.
MANUFACTURING
The manufacture of PCBs, regardless of concentration, for use in circuit breakers,
reclosers, and cable is prohibited without an EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs, 50 ppm or greater, for use in circuit breakers, reclosers, or
cable is prohibited without an EPA exemption [761.20(c)]. However, PCBs at concen-
trations less than 50 ppm may be processed for use in circuit breakers, reclosers,
and cable (under specific conditions) in accordance with the definition of "Excluded
PCB Products" [761.3]. Also, PCBs at any concentration may be processed (i.e.
prepared and/or packaged for distribution in commerce) for purposes of disposal
[761.20(c)(2)].
DISTRIBUTION IN COMMERCE (Sale of Circuit Breakers. Reclosers.
and Cable)
The distribution in commerce of PCBs, 50 ppm or greater, for use in circuit breakers,
reclosers, and cable is prohibited without an EPA exemption [761.20(c)j. However,
PCBs at concentrations less than 50 ppm may be distributed in commerce for use in
circuit breakers, reclosers, and cable (under specific conditions) in accordance with
the definition of "Excluded PCB Products" [761.3]. Also, PCBs at any concentration
may be distributed in commerce for purpose of disposal [761.20(c)(2)]. Disposal, in
this context, means the termination of the useful life of the PCB or PCB-contaminated
circuit breaker, recloser, or cable.
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The distribution in commerce (sale) of circuit breakers, reclosers, and cable which
already contain PCBs in concentrations of 50 ppm or greater (known or assumed)
for purposes of reuse or resale is allowed provided:
the unit was originally sold for use before July 1,1979;
the unit is intact and non-leaking at the time of sale;
no PCBs are introduced into the unit; and,
the unit is sold only within the U.S.
Q1 Does this mean that I can sell a PCB or PCB-contaminated circuit breaker, recloser,
or cable?
A1 Yes. If the equipment was originally sold for use before July 1,1979, and is now
being sold for reuse or resale (i.e. continued use). Also, the unit must be intact and
non-leaking. EPA recommends that the buyer be advised that he is purchasing a
PCB or PCB-contaminated unit.
Q2 What does intact and non-leaking mean?
A2 Intact and non-leaking means that the equipment is structurally sound with all fluid
intact and there are no leaks anywhere on the equipment.
Q3 Can I sell drained PCB-contaminated circuit breaker and/or recloser carcasses
(known or assumed 50-499 ppm) to a rebuilder for reuse as parts in repair and
remanufacturing activities?
A3 No Selling drained 50-499 ppm carcasses for reuse is an unauthorized distribution
in commerce of PCBs and is prohibited without an EPA exemption. On the other
hand non-PCB carcasses (less than 50 ppm) can be sold for reuse (under specific
conditions) in accordance with he definition of "Excluded PCB Products" [761.3].
Q4 Can I sell drained PCB-contaminated circuit breaker and/or recloser carcasses
(known or assumed 50-499 ppm) to a scrap or salvage dealer for metals recovery?
A4 Yes The sale of drained 50-499 ppm carcasses for scrapping or salvaging is gener-
ally considered distribution in commerce for purposes of disposal and is allowed with
certain limitations. To qualify as disposal, the scrapping practice must be one which
will" terminate the useful life of PCBs or PCB Items" [761.3]; or, in other words, will
destroy any residual PCBs found in the drained carcasses. Salvaging aimed at
reclamation of the metals found in the case and coil generally constitutes disposal
because any residual PCBs are destroyed by the high temperatures employed in the
smelting process. However, where salvaging consists of disassembling the drained
equipment to obtain parts for reuse in other equipment, the useful life of the> equip-
ment has not been fully terminated and thus is not cons.dered d.sposa. In sura the
Crapping/staging of 50-499 ppm drained equipment ,s unregulated to^the^extent
that (1) scrapping practices do not result in leaks, spHls, or other uncontrolled
Sjchargeso? PCBs and (2) any PCB-contaminated components are not reintro-
duced into commerce.
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EXEMPTIONS TO MANUFACTURE. PROCESS, AND DISTRIBUTE PCBs IN COM-
MERCE
Exemptions to manufacture, process, and distribute in commerce PCBs in circuit
breakers, reclosers, and cable may be granted only by rulemaking on a case-by-
case basis. The EPA administrator may set terms and conditions for an exemption
and may grant an exemption for not more than one year. EPA interim procedural
rules for processing and distribution in commerce exemptions describe the required
content of processing and distribution in commerce exemptions petitions and the
procedures EPA follows in rulemaking on exemption petitions. Those rules were
published in the Federal Register of May 31,1979 (44 FR 31558) and are codified at
40 CFR 750.30 through 750.41.
MARKING/UXBELING
Marking/labeling of circuit breakers, reclosers, and cable, regardless of PCB concen-
tration, is not required.
USE CONDITIONS
PCB and PCB-contaminated: circuit breakers, reclosers, and cable may be used for
the remainder of their useful lives subject to the following conditions:
Inspections: No recorded maintenance inspections are required for PCB
or PCB-contaminated circuit breakers, reclosers, or cable. However, rup-
tures, leaks, and other uncontrolled discharges from PCB or
PCB-contaminated circuit breakers, reclosers, and cable are considered
improper disposal of PCBs.
SERVICING AND RECLASSIFICAT1ON CONDITIONS
The processing of PCB and PCB-contaminated circuit breakers, reclosers, and cable
is limited to servicing activities. These servicing activities include: draining and refill-
ing, topping off, repairing, and retrofilling for ^classification [761.30(h)(2)]. Circuit
breakers, reclosers, and cable may be serviced (including rebuilding) only with die-
lectric fluid containing less than 50 ppm PCB.
A PCB circuit breaker or recloser may be reclassified to a PCB-contaminated or
non-PCB unit by draining, refilling, and otherwise servicing the unit. In order to
reclassify, the unit's dielectric fluid must contain less than 500 ppm PCB (for conver-
sion to PCB-contaminated level) or less than 50 ppm PCB (for conversion to non-
PCB level) after a minimum of three months of in-service use subsequent to the last
servicing conducted for the purposes of reducing the PCB concentration in the unit.
In-service means that the unit is used electrically under loaded conditions [761 .30
The following conditions also apply to service activities:
VI -3
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Removing the coil from PCB circuit breakers or reclosers (500 ppm or
greater) is prohibited [761.30 (h)(2)(i)J.
PCBs from PCB circuit breakers, reclosers, and cable must not be mixed
with or added to dielectric fluid from PCB-contaminated circuit breakers,
reclosers, and cable [761.30 (h)(2)(iii)].
If dielectric fluid containing less than 500 ppm PCBs is mixed with fluid
containing 500 pprn or greater PCBs, then the resulting mixture must not
be used as dielectric fluid in any electrical equipment. The entire mixture
must be considered to be greater than 500 ppm PCBs and must be
disposed of in an incinerator that meets EPA requirements [761.30
(h)(2)(iv)], or by an alternative EPA approved and permitted method.
Mineral oil from circuit breakers, reclosers, and cable must not be mixed
with mineral oil from other electrical equipment, such as transformers and
voltage regulators, whose PCB concentration is unknown. If dielectric fluid
from untested, oil-filled circuit breakers, reclosers, or cable is collected in a
common container with dielectric fluid from other oil-filled electrical equip-
ment, the entire contents of the container must be treated as PCBs at a
concentration of at least 50 ppm, unless all of the fluid from the other
oil-filled electrical equipment has been tested and shown to contain less
than 50 ppm PCBs [761.60(g)(1)(i)].
Q5 Our facility periodically drains OCRs and OCBs, brought in for servicing, into drums
and/or bulk tanks. From time to time, an untested transformer or voltage regulator is
also brought in for servicing and the oil from these units is drained into the same
drums and/or storage tanks. These drums/tanks are always batch tested for PCBs
and the contents are then reused in servicing OCRs and OCBs or disposed of based
upon the PCB test result. Is there anything wrong with this type of mixing and batch
testing?
A5 Yes. What you have in this scenario is unauthorized "dilution" of PCBs. The regula-
tions do allow mixing and batch testing under certain conditions. However, the
mixing of untested OCR and OCB oil with untested transformer and regulator oil for
batch testing is prohibited. If these dielectric fluids are collected in a common con-
tainer, then the entire mixture must be treated as 50 ppm or greater PCBs even if a
batch test resulted in less than 50 ppm. Consequently, the mixture could not be
reused in servicing OCRs and OCBs, and the entire mixture must be stored for
disposal and disposed of as PCBs 50 ppm or greater.
Q6 Is a circuit breaker or recloser required to reach 50ฐ centigrade during the 90-day
in-service period for proper reclassification?
A6 No Unlike transformers, there is no 50ฐ centigrade requirement for reclassification of
these types of equipment [761.30 (h)(2)(v)].
Q7 Can screening tests, such as Clor-n-Oil", be used to determine the PCB concentra-
tion of circuit breakers, reclosers, or cable? If so, can "certified non-PCB labels be
used to classify these units based upon a screen test?
A7 Currently the regulations do not require that any particular testing method be utilized
when determining the PCB concentration in circuit breakers, reclosers, or cable.
VI-4
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However, owners of these types of equipment should prudently scrutinize PCS test-
ing options, as there are significant differences in the integrity and accuracy of
various testing methods. It should be noted that, in most situations, EPA will utilize
laboratory gas-chromatography (GC) testing to determine PCB concentrations dur-
ing facility inspections. EPA recommends that owners of electrical equipment choose
testing methods, and practice sampling procedures, which are analytically accurate,
reproducible, assure quality control, and are certifiable.
The use of non-PCB labels is unregulated by EPA. That is to say, there are no
prohibitions or requirements to place non-PCB labels on circuit breakers, reclosers,
or cable. However, if non-PCB labels are used to indicate the classification of equip-
ment, then owners should be able to provide documentation such as test results or
manufacturer's letters along with historic service records which will substantiate the
non-PCB classification.
Q8 Can I batch test oil samples from several circuit breakers or reclosers and classify
each unit based upon one test result?
A8 The only place in the regulations where "batch testing" is specifically allowed is under
testing procedures for disposal of PCBs [761.60 (g)]. However, batch testing to
classify equipment for continued use of PCBs is also allowable provided that known
or assumed dilution does not take place. That is, mineral oil that is assumed or
known to contain 50 ppm or greater PCBs must not be mixed with mineral oil that is
known or assumed to contain less than 50 ppm PCBs to reduce the concentration of
PCBs in the batch. It should also be noted that while batch testing is allowed, it does
not relieve the owner from any regulatory requirements if an individual unit is discov-
ered to contain a higher concentration of PCBs than was detected in the batch test.
STORAGE FOR REUSE
Circuit breakers, reclosers, and cable containing PCBs at any concentration may be
stored for reuse. There are no time limitations on this storage; however, circuit
breakers, reclosers. and cable (50 ppm or greater) which are stored for reuse must
be in a condition suitable for reuse. These units are considered by EPA to be
in-service for purposes of the regulations.
Q9 How long can I keep a "burned-out1 or "non-functional" PCB or PCB-contaminated
circuit breaker or recloser in storage for reuse if I plan on repairing it and using it
later?
A9 It is not required that non-functional equipment be placed into "storage for disposal
if there is a possibility of repair. However, EPA may have grounds to enforce against
lengthy "storage for reuse" of equipment which is not reasonably expected to be
placed back into service. In other words, while there are no explicit requirements for,
or restrictions on, the storage for reuse of equipment which can and may be re-
paired, the owner should be able to demonstrate good faith compliance with the
intent of the storage for disposal requirements.
VI-5
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STORAGE FOR DISPOSAL
All PCB and PCB-contaminated circuit breakers, reclosers, and cable must be dated
when placed into storage for disposal [761.65 (c)(8)] and must be removed from
storage and disposed of within one year [761.65 (a)].
The facility used to store PCB and PCB-contaminated circuit breakers, reclosers,
and/or cable must comply with the "storage for disposal" requirements [761.65
(b)(1)]. See the chapter on "PCB Storage Facilities" for specific requirements.
Non-leaking PCB and PCB-contaminated circuit breakers, reclosers, and cable may
be stored temporarily in an area that does not comply with the requirements for a
PCB storage facility for up to 30 days from the date of their removal from service for
disposal provided that a notation is attached to each unit indicating the dates the
equipment was removed from service [761.65 (c)(1)(i)], and placed into storage for
disposal [761.65 (c)(8)].
Leaking PCB and PCB-contaminated circuit breakers, reclosers, and cable which are
placed in appropriate PCB Containers [761.65 (c)(6)] with sufficient sorbent materials
to absorb any liquid PCBs, may also be temporarily stored for up to 30 days pro-
vided that a notation is attached to the container indicating the dates the equipment
was removed from service [761.65 (c)(1)], and placed into storage for disposal
[761.65 (c)(8)]. Each container or drum used to store leaking PCB Items must be
marked in accordance with EPA marking and labeling requirements [761.40 (a)(1)].
Non-leaking and structurally undamaged PCB-contaminated circuit breakers, reclos-
ers, and cable that have not been drained of free-flowing dielectric fluid may also be
stored for more than 30 days on pallets next to a PCB storage facility which meets
the requirements for storage for disposal. This type of storage is permitted only when
the storage facility has immediately available unfilled storage space equal to 10% of
the volume of the equipment stored outside the facility. The equipment stored out-
side the facility must be inspected for leaks weekly [761.65 (c)(2)], and a notation
must be attached to each unit indicating the dates the equipment was removed from
service [761.65 (c)(1)] and placed into storage for disposal [761.65 (c)(8)].
DISPOSAL
PCB circuit breakers, reclosers, and cable must be disposed of as follows:
In an incinerator that complies with 40 CFR 761.70.
In a chemical waste landfill provided that all free-flowing liquid PCBs have
been thoroughly drained from the equipment. The PCB liquids that are
removed (including any flushing solvent) must be disposed of in an incin-
erator that complies with 40 CFR 761.70, or by an alternative EPA ap-
proved and permitted method in accordance with 761.60(e).
PCB-contaminated circuit breakers, reclosers, and cable must be disposed of as
follows:
VI-6
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By draining all free-flowing liquid from the equipment and disposing of the
liquid in an incinerator that complies with 40 CFR 761.70, in a chemical
waste landfill that complies with 761.75, in an approved high efficiency
boiler that complies with 761.65 (a)(2)(iii), or by an alternative EPA ap-
proved and permitted method that complies with 761.60 (e). The disposal
of the drained equipment carcass is not regulated [761.60 (b)(5)(ii)]; how-
ever, the sale or trade of the drained carcass for reuse as parts or in
rebuilding is regulated (See Distribution in Commerce).
Non-PCB circuit breakers, reclosers, and cable (less than 50 ppm PCB) may be
disposed of with the following considerations:
There are no PCB disposal requirements for non-PCB circuit breakers,
reclosers, and cable. However, certain reuse restrictions apply to the less
than 50 ppm PCB fluid. The non-PCB fluid, if greater than 2 ppm, cannot
be used as a sealant, coating, or dust control agent [761.20 (d)]; and also,
can only be burned for energy recovery in specific combustion facilities
described in 761.20 (e)(1). See the chapter on "Disposal" for a detailed
discussion of the disposal of non-PCB waste oils.
Q10 Do PCB circuit breakers, reclosers, and cable have to be filled with a solvent for 18
hours and redrained before transporting the carcass to a chemical waste landfill?
A10 No. Unlike PCB transformers, there is no requirement to fill and flush PCB circuit
breakers, reclosers, and cable with solvent prior to disposal of the drained carcass in
a chemical waste landfill. However, owners of PCB Equipment should take appropri-
ate steps to insure that all free-flowing liquid PCBs have been extracted from the
carcass.
RECORDKEEPING
Testing data, inventories, servicing and reclassification records, spill reports, and
disposal records should be maintained for aU PCB and PCB-contaminated circuit
breakers, reclosers, and cable. Under specific quantity guidelines, [761.180 (a)]
these records are required to form the basis of an annual document which must be
prepared each year and maintained for at least five years after the facility ceases
using or storing PCBs and PCB Items. See the chapter on "Recordkeeping" for a
detailed discussion of annual documents.
The following information should be maintained for PCB and PCB-contaminated
circuit breakers, reclosers, and cable for the annual document (if required):
The total weight in kilograms of any leaking PCB or PCB-contaminated
circuit breakers, reclosers, or cable in PCB Containers/drums [761.180
The location of the initial disposal or storage facility and the name of the
owner or operator of the facility [761 .1 80 (a)(2)].
VI-7
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SPILLS
Spills, leaks, and other uncontrolled discharges where the release results in any quan-
tity of PCBs running off or about to run off the external surface of a PCB or PCB-
contaminated circuit breaker, recloser, or cable is considered improper disposal of
PCBs. The new EPA "National PCB Spill Cleanup Policy" provides specific cleanup
measures which, if followed explicitly, create a presumption against enforcement for
penalties or further cleanup. See the chapter on "PCB Spill Cleanup Policy" for specific
requirements.
PCB spills involving 10 Ibs. or more of PCBs (generally 1 -2 gallons of Askarel) must be
reported to the National Response Center at (800)424-8802 as well as the appropriate
regional EPA office. Failure to notify the NRC is a criminal violation with a possible
penalty of up to $10,000 and/or up to one year in prison. Any spill should be reported
when people or animals can come into direct and uncontrolled contact with PCBs.
Measures must immediately be taken to control the spread of the spill. Any threats to
water should be given highest priority. Water and other complicated spills should be
cleaned up by trained personnel to levels set by the appropriate EPA Regional Admin-
istrator. Organizations who frequently handle PCBs should develop spill contingency
plans and conduct training for dealing with spills.
Once a spill is contained, cleanup measures can begin. EPA requires cleanup of PCBs
to different levels depending on spill location, the potential for exposure to residual
PCBs remaining after cleanup, the concentration of PCBs initially spilled, and the na-
ture and size of the population potentially at risk of exposure. While the new PCB Spill
Cleanup Policy applies to the majority of situations, exceptional circumstances may
require additional cleanup at the direction of the EPA regional office. A detailed de-
scription of the specific reporting, cleanup, recordkeeping, and post-cleanup sampling
requirements is found in the chapter on "PCB Spill Cleanup Policy."
Other minor weeping and seeping from PCB or PCB-contaminated equipment bush-
ings and seams not covered by the spill policy is still considered improper disposal of
PCBs and compels responsible parties to take actions to rectify the exposure of hu-
mans and the environment to PCBs.
Q11 Do records and/or spill reports have to be kept for all PCB or PCB-contaminated circuit
breakers, reclosers, or cable which rupture and/or spill?
A11 In order to avoid improper disposal penalties, the PCB Spill Cleanup Policy requires
specific recordkeeping when a PCB or PCB-contaminated circuit breakers, reclosers,
or cable ruptures or spills. See the chapter on "PCB Spill Cleanup Policy" for specific
spill recordkeeping requirements.
VI-8
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- RESEARCH AND DEVELOPMENT -
RGBs are used in toxicological and environmental testing. They are also used in
analytical chemistry as "reference standards" for the analysis of unknown com-
pounds that may contain PCBs.
EPA determined that there are no substitutes for PCBs for the continuation of impor-
tant health, environmental, and analytical research and that substitutes for PCBs in
these applications will not be developed in the future. Therefore, there is a unique
need for exemptions to manufacture, process, distribute in commerce, and export
PCBs in small quantities for research and development.
MANUFACTURING
The manufacture of PCBs for the purpose of research and development is prohibited
without an EPA exemption [761.20(bj]. (Note: EPA has granted exemptions to manu-
facture PCBs in small quantities for research and development.)
PROCESSING
The processing of PCBs for the purpose of research and development is prohibited
without an EPA exemption [761.20(c)]. (Note: EPA has granted exemptions to proc-
ess PCBs in small quantities for research and development.)
DISTRIBUTION IN COMMERCE
The distribution in commerce of PCBs for the purpose of research and development
is prohibited without an EPA exemption [761.20(c)j. (Note: EPA has granted exemp-
tions to distribute in commerce PCBs in small quantities for research and develop-
ment.)
EXPORTING
The export of PCBs for the purpose of research and development is prohibited
without an EPA exemption [761.20 (b)&(c)]. (Note: EPA has granted exemptions to
export PCBs in small quantities for research and development.)
EXEMPTIONS TO MANUFACTURE, PROCESS. DISTRIBUTE IN COMMERCE.
AND EXPORT PCBs
EPA has determined that there is a unique need for exemptions to manufacture,
process, distribute in commerce, and export PCBs in small quantities for research
and development. Consequently, in the Federal Register of August 8,1986, [51 FR
28569] EPA promulgated a final rule on exemption petitions to manufacture, process,
VII-1
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distribute in commerce, and export PCBs in small quantities for research and devel-
opment. In this final rule, EPA granted four exemptions to manufacture PCBs in small
quantities for research and development, two exemptions to export PCBs in small
quantities for research and development, and a class exemption for all processors
and distributors of PCBs in small quantities for research and development. Also in
the final rule, EPA stated that these exemptions would automatically be renewed at
the end of each year unless there are significant changes in the quantity of PCBs or
manner of manufacturing, processing, distribution in commerce, or exporting of
PCBs [51 FR 28565].
The class exemption on processing and distribution in commerce includes all per-
sons or business entities which process and distribute in commerce PCBs in accor-
dance with the definition of "small quantities for research and development1 [761.3].
EPA also places the following terms and conditions on the class exemption:
All processors and distributors must maintain records of their PCB activi-
ties for a period of 5 years.
Any person or company that expects to process or distribute in commerce
100 grams (.22 Ib.) or more PCBs for research and development in 1 year
must report to EPA and identify the sites of PCB activities and the quantity
of PCBs to be processed and distributed in commerce.
USE CONDITIONS
PCBs may be used in small quantities for the purpose of research and development
indefinitely provided the use is in accordance with the following definition:
"Small Quantities for Research and Development1 means any quantity of
PCBs (1) that is originally packaged in one or more hermetically sealed
containers of a volume of no more than five (5.0) milliliters, and (2) that is
used only for purposes of scientific experimentation or analysis, or chemi-
cal research on, or analysis of, PCBs, but not for research or analysis for
the development of a PCB product.
Q1 I have just received a package of PCBs for research and development purposes.
How should I store the hermetically sealed containers until use?
A1 As long as the hermetically sealed containers have not been opened, they may be
stored for future use indefinitely. However, once the seal has been broken on a
container, the small quantity of PCBs must be used for their intended purpose in a
timely fashion Any residual PCB wastes, including contaminated containers and lab
instruments, must be stored for disposal and disposed of in accordance with EPA
requirements.
MARKING/LABELING
All hermetically sealed containers containing small quantities of PCBs for research
and de^ment must be marked/labeled in accordance with EPA marking requ.re-
VII-2
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ments for PCB Containers [761.40 (a)(1)].
In addition, if sealed containers are stored in a package, then the package must be
marked/labeled in accordance with EPA marking requirements for PCB Article con-
tainers [761.40(a) (9)].
STORAGE FOR DISPOSAL
Any PCB waste generated from the use of small quantities of PCBs for research and
development (i.e. contaminated containers and lab instruments) must be stored for
disposal in a facility which complies with EPA storage for disposal requirements
However, PCB waste from research and development can also be stored temporarily
for up to thirty days in an area that does not comply with the requirements for a PCB
storage facility provided that the following conditions are met:
PCB waste must be placed in an appropriate PCB Container/drum
[761 .65(c)(6)] with sufficient sorbent materials to absorb any liquid PCBs.
The PCB Container/drum must be marked/labeled in accordance with EPA
marking requirements [761.40(a)(1)].
A notation must be attached to the PCB Container/drum indicating the
date the first PCB waste was placed into the container/drum for disposal
Within 30 days, all PCB waste within the container/drum must either be
transferred to a storage facility which meets the requirements for storage
for disposal [761.65(b)(1)]( or to an EPA approved and permitted PCB
disposal facility.
Q2 From time to time, our lab wishes to return PCB analytical standards to our supplier
because of over-shipment and/or the delivery of incorrect standards. Can these
standards be returned and used by another company or must unused standards be
disposed of as PCB waste?
A2 The class exemption to process and distribute in commerce small quantities of PCBs
for research and development would also apply in this situation and allow the return
of standards to suppliers for processing and use by another company. The stan-
dards must be repackaged in hermetically sealed containers of a volume of no more
than 5 milliliters.
DISPOSAL
PCB wastes (50 ppm or greater) generated from research and development activities
such as used PCB standards, contaminated containers, and contaminated lab instru-
ments must be disposed of in accordance with EPA disposal requirements under
761.60.
VII-3
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RECORDKEEPING AND REPORTING REQUIREMENTS
The class exemption to process and distribute in commerce small quantities of RGBs
for research and development includes the following recordkeeping/reporting re-
quirements:
All processors and distributors must maintain records of their PCB activi-
ties for a period of 5 years.
Any person or company that expects to process or distribute in commerce
100 grams (.22 Ib.) or more RGBs for research and development in 1 year
must report to EPA and identify the sites of PCB activities and the quantity
of PCBs to be processed and distributed in commerce.
SPILLS
Spills, leaks, and other uncontrolled discharges resulting in the release of any quan-
tity of PCBs (50 ppm or greater) is considered improper disposal of PCBs. The new
EPA "National PCB Spill Cleanup Policy" provides specific cleanup measures which,
if followed explicitly, creates a presumption against enforcement for penalties or
further cleanup. See the chapter on "PCB Spill Cleanup Policy" for specific re-
quriements.
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- MICROSCOPIC MOUNTING MEDIUM, IMMERSION OILS. OPTICAL LIQUIDS -
PCBs are reported to be an ideal mounting medium for light microscopy primarily
because of their stability, refractive index, viscosity, and thermoplastic properties. In
the past, the principal users have been mineralogists and chemical microscopists
employed in chemical laboratories such as: police-crime laboratories, museum con-
servation laboratories, industrial laboratories, where contaminant particles in drugs,
food, and plastics are identified, and in laboratories studying environmental contami-
nants. PCBs are used in art and historic conservation as a mounting medium to
preserve specimens permanently and in the preservation of small environmental,
forensic, and industrial contaminant particles.
Although mounting media exist with refractive indices and viscosities similar to PCBs,
these media reportedly discolor in time. At this time, there are no adequate substi-
tutes for PCBs in the preparation of permanent slides.
PCBs are useful as microscope immersion oils in medical research. Small amounts
of PCB immersion oils are useful in cancer studies in which fluorescence microscopy
is used. The technique used in immersion microscopy involves placing a drop of
immersion oil on the coverslip of the slide and lowering the objective lens of the
microscope until it just touches the oil.
PCB immersion oil has the lowest flourescence of any currently available formulation,
and this property is particularly important in fluorescence microscopy where the
immersion oil must not fluoresce and therefore will not compete with the fluores-
cence of the specimen under analysis. There appears to be no other suitable alter-
nate material with the desirable low auto-fluorescence, low dispersion, and high
refractive index of PCBs.
Scientists in the fields of space, communications, and defense-related research use
02 cc to 4 liters of PCBs in certain specialized optical applications including use in
fiber optic connectors. These PCBs are contained in optical equipment where they
exist in a permanent or semi-permanent state.
It is believed there are no adequate substitutes for PCBs as optical liquids in space,
communications, defense-related research projects, and other specialized optical
uses such as the use of PCBs in tunable light receivers. There are relat.vely few
compounds with as high a refractive index as PCBs and none that also have the long
term stability.
An example of an optical use of PCBs, where their use is essential, is the use of
PCBs with tunable light receivers for the analysis of light from a solar telescope
POte Te necessary in these light receivers because of their stability and ability to
t^nsrnii^ightbetterVthe b.ue and green regions of the spectrum, where starlight is
transmitted, than other potential substitute fluids.
VIII -1
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MANUFACTURING, PROCESSING. AND DISTRIBUTION IN COMMERCE
The manufacture, processing, and distribution in commerce of PCBs for use as a
mounting medium, immersion oil in fluorescence microscopy, and optical liquid are
permitted only for persons who are granted an exemption under TSCA section 6
USE CONDITIONS
PCBs may be used as a permanent microscopic mounting medium, an immersion oil
in fluorescence microscopy, and an optical liquid in a manner other than a totally
enclosed manner indefinitely [761.30 (k),(n),(o)].
DISPOSAL
All PCS waste resulting from the use of PCBs in concentrations 50 ppm or greater as
a mounting medium, immersion oil, and/or optical liquid must be disposed of in
accordance with EPA disposal requirements [761.60].
SPILLS
Spills, leaks, and other uncontrolled discharges resulting in the release of any quan-
tity of PCBs (50 ppm or greater) is considered improper disposal of PCBs. The new
EPA "National PCS Spill Cleanup Policy" provides specific cleanup measures which,
if followed explicitly, create a presumption against enforcement for penalties or fur-
ther cleanup. See the chapter on "PCB Spill Cleanup Policy" for specific require-
ments.
VIII - 2
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CHAPTER IX
CARBONLESS COPY PAPER
Overview (page IX -1)
Manufacturing (page IX 1)
Processing (page IX -1)
Distribution in Commerce (page IX -1)
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- CARBONLESS COPY PAPER -
OVERVIEW
Prior to 1971, some carbonless copy paper was made with ink containing PCBs.
There does not appear to be a way to distinguish PCB carbonless copy paper from
non-PCB carbonless carbon paper except by dates or other indications on unused
inventories. A large portion of the PCB copy paper that has not been destroyed is
probably in files. An enormous undertaking would be required of both business and
government to purge existing files of PCB carbonless copy paper. As the amount of
PCB on each sheet of paper is extremely small, EPA has concluded that the contin-
ued use of carbonless copy paper does not present an "unreasonable risk" and has
authorized the continued use of existing PCB copy paper.
MANUFACTURING
The manufacture of PCBs for use in carbonless copy paper is prohibited without an
EPA exemption [761.20(b)].
PROCESSING
The processing of PCBs for use in carbonless copy paper is prohibited without an
EPA exemption [761.20(c)].
DISTRIBUTION IN COMMERCE
The distribution in commerce of PCBs for use in carbonless copy paper is prohibited
without an EPA exemption [761.20(c)].
IX-1
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- EXCLUDED PCS PRODUCTS.
In the Federal Register of July 10,1984 (49 FR 28172), EPA published the "Uncon-
trolled PCBs" rule. This final rule was a result of the "EOF vs. EPA" lawsuit in which
the Environmental Defense Fund (EOF) challenged EPA's general 50 parts per mil-
lion (ppm) regulatory cutoff for PCBs. This challenge was successful and on October
30, 1980, the U. S. District Court of Appeals found that there was not substantial
evidence to support EPA's original decision to exclude generally from regulation all
materials containing PCBs at concentrations less than 50 ppm. Consequently, EPA
undertook the regulation of very low concentration PCBs (less than 50 ppm).
The 1984 "Uncontrolled PCBs" rule banned any activity involving any quantifiable
level of PCBs unless that activity was specifically excluded, exempted, or authorized
by regulation. (Note: For practicability, EPA has established a policy of "quantifiable
levels" being 2 ppm or greater in oils and 1 ppm or greater in soils.) Many PCS
activities have specifically been authorized in previous rulemakings including: use in
and servicing of electrical equipment, small quantities for research and development,
use as a microscopic mounting medium, and a general exclusion which allows the
processing and distribution in commerce of PCBs, at any concentration, for pur-
poses of disposal. However, other activities involving the processing, distribution in
commerce, and/or use of PCBs in any quantifiable level, became prohibited with the
"Uncontrolled PCBs" rule as of October 1,1984.
In sum, the practical effect of the "Uncontrolled PCBs" rule was to make illegal many
activities which were neither anticipated nor evaluated during the rule's development.
For example, activities such as the salvaging and/or rebuilding of "Non-PCB" electri-
cal equipment (less than 50 ppm) where drained equipment is dismantled to recover
components for further processing, distribution in commerce, and reuse now consti-
tuted an unauthorized recycling of PCBs under the "Uncontrolled PCBs" rule. Many
such violations involving low-level PCBs could conceivably be based upon products
and activities which present no unreasonable risk to health or the environment. The
Agency did not intend this result.
Consequently, on June 27, 1988 (53 FR 24206), EPA published in the Federal Regis-
ter a set of amendments to the 1984 "Uncontrolled PCBs" rule. These amendments
have excluded the majority of low-level PCS activities (less than 50 ppm) from regula-
tion. In other words, many low-level PCS activities which became prohibited with the
"Uncontrolled PCBs" rule have returned to unregulated status.
The amendments to the 1984 rule include a generic exclusion using the new term
"Excluded PCS Products" (761.3). Generally, the processing, distribution in com-
merce, and use of "Excluded PCB Products" is now unregulated. "Excluded PCS
Products" are defined as PCBs which appear at concentrations less than 50 ppm in
products, including but not limited to inadvertently generated PCBs as defined in
761.3, investment casting waxes, and used oils, provided that:
The products were manufactured, processed, distributed in commerce, or
used before October 1,1984.
The products were manufactured, processed, distributed in commerce, or
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used pursuant to authority granted by EPA by regulation, by exemption, by
settlement agreement, or pursuant to other agency-approved programs.
No provision specifying a PCB concentration may be avoided as a result
of any dilution, unless otherwise specifically provided by regulation.
Note: This rule does not affect land application practices involving sewage
sludge or other non-hazardous solid wastes which contain PCBs at con-
centrations less than 50 PPM. These activities are regulated under other
EPA programs.
EPA adopted the generic exclusion for "Excluded PCS Products" based upon the
Agency's determination that the use, processing, and distribution in commerce of
these products with less than 50 ppm PCB contamination will not generally present
an unreasonable risk to health or the environment. However, EPA is aware that some
product uses and processing, particularly the burning and recycling of used oil, may
present unique exposure and risk considerations.
USED OIL
Under the "Uncontrolled PCBs" rule, there was considerable confusion regarding the
status of used oil containing less than 50 ppm PCBs. In the earlier 1979 "PCB Ban
Rule," used non-PCB oil (less than 50 ppm) was unregulated except for its reuse as a
dust suppressant, sealant, or coating which was prohibited at any detectable PCB
level. However, with the overturning of the general 50 ppm regulatory cutoff by the
EOF vs. EPA decision, activities (use, processing, or distribution in commerce) in-
volving less than 50 ppm PCBs became prohibited on October 1,1984, unless
specifically authorized, exempted, or excluded by regulation. Prior to publication of
the "Uncontrolled PCBs" rule amendments, EPA had specifically authorized only
three reuses of oil products with less than 50 ppm PCBs.
The reuse of dielectric fluids (as dielectrics).
The reuse of hydraulic and heat transfer fluids (as hydraulic and heat
transfer fluids).
The reuse of waste oil as a feedstock by manufacturers of asphalt roofing
materials under the conditions set out in the definition of "Recycled PCBs"
processes.
Therefore, other activities involving the use, processing, or distribution in commerce
of used oil with any quantifiable PCB concentration (2 ppm or greater) became
prohibited.
It is important to note that low-level used oil activities consisting solely of "disposal-
are not pfohTb ted The "Uncontrolled PCBs" rule applied only to process.ng, d.stnbu-
f Commerce and use- while the TSCA disposal requirements regulate only
^^TSiSSi 50 ppm or greater. This "unregu.ated disposa." status
does no^ mean That EPA has authorized the indiscriminate dump.ng or burn.ng of
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used oil containing less than 50 PPM PCBs. It should be stressed that the PCB
regulations define "Disposal" in terms of acts which "complete or terminate the useful
life of PCBs." In this context, the Agency considers that used oil activities such as
recycling for use and/or burning in a manner that does not destroy or "terminate the
useful life of PCBs" in fact constitutes reuse or processing of PCBs and consequently
became prohibited under the "Uncontrolled PCBs" rule. Used oil (2-49 ppm) could be
burned for energy recovery, but only in combustion units which accomplish PCB
destruction. Burning PCBs, even at low-level concentrations, in combustion units
which do not accomplish PCB destruction may only volatize the PCBs and poten-
tially create an additional point source of toxic products such as polychlorinated
dibenzofurans (PCDFs).
EPA acknowledges that these prohibitions may not have been generally understood
by the regulated community. EPA has clarified this situation by amending the 1984
"Uncontrolled PCBs" rule and including used oil within the definition of "Excluded
PCB Products." As an "Excluded PCB Product," the majority of used oil recycling
activities (less than 50 ppm) have returned to unregulated status. This exclusion
does not, however, affect the existing prohibitions on the use of waste oil containing
any detectable level of PCBs as a dust suppressant, sealant, or coating. Also, EPA
will continue to prohibit those used oil recycling activities that involve the burning of
PCB-containing used oils (2-49 ppm) for energy recovery in nonindustrial units.
In sum, the processing, distribution in commerce, and use of low-level used oils
(2-49 ppm) is generally excluded from regulation under the new definition of
"Excluded PCB Products." However, the burning of used oil (2-49 ppm) is excluded
from prohibition only if the following marking, burning, testing, and recordkeeping
requirements are met:
1) MARKETING: Owners and operators of facilities which process and/or distribute
in commerce for energy recovery used oil containing any detectable level of PCBs
are referred to as "Marketers" of used oil fuels. Used oil containing any detectable
level of PCBs may be marketed only to:
qualified incinerators defined in 40 CFR 761.3,
other marketers identified in 40 CFR 266.41 (a)(1), or
burners identified under 40 CFR 761.20(e)(1 )(iii).
2) BURNING: Owners and operators of facilities which burn used oil containing any
detectable level of PCBs are referred to as Burners" of used oil fuels. Used oil
containing any detectable level of PCBs may be burned for energy recovery only in:
an incinerator approved under the provisions of 761.70, or
a high efficiency boiler which complies with the criteria of
761 60(a)(2)(iii)(A), and for which the operator (burner) has given written
notice to the EPA Regional Administrator in accordance with the require-
ments under 761.60(a)(2)(iii)(B), or
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an incinerator approved under Section 3005(c) of RCRA, or
burners identified in 40 CFR 266.41 (b).
In addition, before a burner accepts from a marketer the first shipment of used oil
fuel containing detectable PCBs (2-49 ppm) he must provide the marketer a one-time
written and signed notice certifying that:
he has complied with any notification requirements applicable to "Qualified
Incinerators" (761.3) or to "Burners" regulated under subpart E of Part 266;
and
he will burn the used oil only in a combustion facility identified in
761.20(e)(1).
3) TESTING: Used oil to be burned for energy recovery is presumed to contain
detectable levels of PCBs unless the marketer obtains analysis (testing) or other
information documenting that the used oil fuel does not contain detectable levels of
PCBs.
The person who first claims that a used oil fuel does not contain detect-
able PCBs is subject to the requirement to obtain analysis or other infor-
mation to support this claim.
Testing to determine the PCS concentration in used oil may be conducted
on individual samples, or in accordance with the batch testing procedures
described in 761.60(g)(2).
Other information documenting that used oil fuel does not contain detect-
able levels of PCBs may consist of either personal, special knowledge of
the source and composition of the used oil or a certification from the
person generating the used oil claiming that the oil contains no detectable
PCBs (i.e. <2 ppm).
4) RECORDKEEPING: The following recordkeeping requirements apply to the test-
ing, marketing, and burning of used oil fuels.
The marketer who first claims that used, oil fuel contains no detectable
PCBs must include copies of the analysis or other information document-
ing his claim among the records required to be kept under 40 CFR
266.43(b)(6)(i).
Burners must include a copy of each 761.20(e)(3)(ii) certification notice
that he sends to a marketer among the records required to be kept under
40 CFR 266.44(e).
A marketer must include a copy of each certification notice relating to
transactions involving PCB-containing used oil among the records re-
quired to be kept under 40 CFR 266.43(b)(6)(ii).
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Q1 My facility regularly accumulates used oil containing low-level PCBs. What options
do I have for getting rid of these waste oils?
A1 Some of the options available for waste oils containing low-level PCS contamination
(less than 50 ppm) include but are not limited to:
1) Disposal in a "Qualified Incinerator" (761.3).
2) Disposal by an alternative EPA approved and permitted method such as "chemi-
cal detoxification."
3) Servicing and/or reuse in electrical equipment as a dielectric fluid (if originally a
dielectric fluid).
4) Servicing and/or reuse in heat transfer and hydraulic systems (if originally heat
transfer and hydraulic fluid).
5) Marketing to a manufacturer of asphalt roofing materials to be used as a feed
stock provided that the conditions for "Recycled PCBs" processes are met.
Q2 From time to time our facility sells and/or gives away waste oils we've accumulated
to other parties. It is unknown whether these waste oils contain any PCBs or exactly
what these waste oils are used for. Our facility isn't responsible for how these waste
oils are used or burned... are we?
A2 First, the waste oils your facility is selling/giving away must be presumed to contain
detectable levels of PCBs unless the oil is tested or otherwise certified not to contain
detectable PCBs. Also, if the waste oils being sold or given to other parties are being
used in prohibited activities, your facility is possibly involved in improper distribution
in commerce (marketing) of PCBs. The marketing of low-level PCS waste oils is a
regulated activity and imposes specific recordkeeping and certification requirements
of the marketer.
Q3 Can a facility burn its own non-PCB (2r49 ppm) waste oils?
A3 Yes, provided the facility uses a high efficiency boiler or other combustion system
that complies with the definition of "Qualified Incinerators" (761.3). If it is unclear
whether a boiler or incinerator meets the requirements, the facility should contact
their Regional EPA Office and provide information on their system which EPA will
evaluate on a case by case basis.
INVESTMENT CASTING WAXES
Subsequent to the issuance of the "Uncontrolled PCBs" rule, EPA received inquiries
concerning the effect of the rule on the use and reclamation of investment casting
waxes The July 10,1984 rule contained no exclusion applicable to these activities,
therefore they were prohibited at the limit of quantitation after October 1,1984.
EPA has examined the facts surrounding past uses of PCBs as a wax extender.as
weH as the circumstances of residual low levels of PCB contam,nat,on ,n the stocks
nf poiaimed waxes EPA has determined that the further use, processing, and distn-
Products." Activities involving these waxes are now generally excluded from TSCA
regulation provided they contain less than 50 ppm PCBs.
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ELECTRICAL EQUIPMENT COMPONENTS
As mentioned earlier, there were many low-level RGB activities which became prohib-
ited with the 1984 "Uncontrolled RGBs" rule which were neither anticipated nor evalu-
ated during the rule's development. The elimination of the 50 ppm cutoff raised
doubts about the continued legality of salvaging and/or rebuilding activities where
Non-RGB" electrical equipment (less than 50 ppm) is dismantled to recover compo-
nents for further processing, distribution in commerce, and reuse. Under the 1984
rule, these activities involving reuse of electrical equipment components with any
detectable level of RGBs became a prohibited "recycling" of RGBs.
For example, a commercial rebuilder was now prohibited from dismantling electrical
equipment with any detectable level of RGB contamination and then reusing the
components to repair or rebuild other electrical equipment. Likewise, commercial
salvage companies were now prohibited from dismantling electrical equipment with
any detectable level of RGB contamination and then selling the various components
for reuse as electrical equipment parts.
In previous rulemakings, EPA has referred to electrical equipment containing quantifi-
able levels of RGBs less than 50 ppm as "Non-PCB" electrical equipment, in the
sense that the RGB levels are below the regulatory cutoff prescribed by the RGB
disposal requirements under TSCA. The "Non-PCB" status of such equipment is a
favored status under the TSCA RGB regulations. Indeed, the regulations encourage
owners and operators of electrical equipment to perform servicing that "reclassifies"
their more highly contaminated equipment to "Non-PCB" equipment, which has in the
past been essentially free from TSCA regulation.
The "Electrical Equipment Rule" authorized indefinitely the use of many types of
"Non-PCB" (less than 50 ppm) electrical equipment. These authorizations include:
transformers, voltage regulators, capacitors, electromagnets, switches, circuit break-
ers, reclosers, and cable. For each of these categories, the "Electrical Equipment
Rule" authorized use at the less than 50 ppm level without any corresponding use
conditions restricting that use. In other words, as long as no fluids 50 ppm or greater
RGBs are introduced into such equipment, there are no restrictions on the servicing
of this equipment, including its rebuilding. Also, intact "Non-PCB" electrical equip-
ment is free from any requirement to obtain exemptions from the processing and
distribution in commerce bans under TSCA. Thus, this equipment is essentially free
from TSCA regulation.
Moreover, it is the Agency's position that the July 10, 1984 rule (and the elimination
of the 50 ppm cutoff) was not intended to affect the activities authorized under the
PCS electrical equipment rule. So, the distribution in commerce and processing of
RGBs less than 50 ppm in connection with the use and servicing of "Non-PCB"
equipment remains free of the TSCA bans, despite the elimination of the 50 ppm
cutoff on October 1,1984.
Nevertheless, the elimination of the 50 ppm cutoff has raised doubts about the
continued legality of the reuse of equipment components derived from the salvaging
of "Non-PCB" equipment. Since the promulgation in 1979 of the PCB ban rule, the
Agency has recognized that drained, obsolete transformers (formerly containing less
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than 500 ppm PCBs) may be disposed of as salvage. Although described as a form
of unregulated disposal, a qualification on permissible salvage operations is that they
must bring about the termination of the useful iife of PCBs and PCB Items. So,
salvaging which accomplishes metals recovery through the smelting of transformer
components generally qualifies as "disposal" under TSCA because the PCBs are
eliminated by the smelting process. On the other hand, where drained equipment is
merely dismantled to recover components for further processing, distribution in com-
merce, and reuse, those salvaging activities constitute an unauthorized recycling (i.e.
reuse) of PCBs under the 1984 "Uncontrolled PCBs" rule. As in the case of used oil
recycling, discussed before, such recycling activities possess a dual "use" and "dis-
posal" nature, enabling EPA to regulate the use aspect at PCB levels under 50 ppm,
despite the fact that disposal is unregulated below 50 ppm.
Until recently, there were no specific authorizations or exclusions in the PCB regula-
tions allowing the recycling of such components. EPA has determined, however, that
recycling activities involving equipment components with PCB concentrations less
than 50 ppm does not present any significantly greater risks than other activities
connected with the unrestricted use and servicing of "Non-PCB" electrical equipment.
Based upon this evaluation, EPA has included "Non-PCB" equipment components
(when generated by authorized rebuilding or salvaging) within the exclusion for
"Excluded PCB Products." As such, any impediment to their further use, processing,
or distribution in commerce has been removed. This generic exclusion will have a
limited impact on salvaging and rebuilding activities as these components may now
be freely incorporated into other electrical equipment, or distributed in commerce for
the purpose of reuse in electrical equipment provided the components comply with
the definition of "Excluded PCB Products."
To summarize:
Electrical equipment with PCB contamination less than 50 ppm may be
dismantled (processed) and the components reused in repair and rebuild-
ing activities provided the components comply with the definition of
"Excluded PCB Products" (761.3).
Electrical equipment with PCB contamination less than 50 ppm may also
be sold (distributed in commerce) to be dismantled (processed) for reuse
in repair and rebuilding activities provided the components comply with
the definition of "Excluded PCB Products" (761.3).
Drained electrical equipment with PCB contamination less than 500 ppm
may be scrapped or salvaged for metals recovery as a method of unregu-
lated disposal provided that: (1) these practices do not result in spills or
uncontrolled discharges of PCBs, and (2) these practices must bring
about the termination of the useful life of PCBs or PCB Items.
Drained electrical equipment with PCB contamination 50-499 ppm (known
or assumed) may not be dismantled (processed) for the purpose of reus-
ing the equipment components to repair or rebuild other electncal equ.p-
ment.
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Drained electrical equipment with PCS contamination 50-499 ppm (known
or assumed) may not be sold or traded (distributed in commerce) for the
purpose of reusing the equipment components to repair or rebuild other
electrical equipment.
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- RECYCLED PCBs AND EXCLUDED MANUFACTURING PROCESSES -
As discussed earlier, the 1984 "Uncontrolled PCBs" rule, as a result of the EOF vs.
EPA" lawsuit, amended the PCB regulations and basically banned any activity
(manufacturing, processing, distribution in commerce, and use) involving any quanti-
fiable level of PCBs unless that activity was specifically excluded, exempted, or
authorized by regulation. Two specific exclusions allowing the manufacture, process-
ing, distribution in commerce, and use of PCBs (less than 50 ppm) were outlined in
the 1984 final rule under the definitions of "Recycled PCBs" and Excluded Manufac-
turing Processes."
RECYCLED PCBs
The July 10, 1984, rule developed a generic exclusion for regulating manufacturing
processes which recycle certain "old PCBs" in the form of low-level PCB-
contaminated raw materials. The exclusion for manufacturing products involving "old"
or "uncontrolled PCBs" was defined in terms of concentration limits on PCB releases
to products, air emissions, water discharges, and wastes. Under these conditions,
EPA concluded that excluding low-level PCB materials involved in certain recycling
processes would not present an unreasonable risk to health or the environment.
However, EPA possessed very little information on many activities involving "old"
PCBs, and consequently has included within the definition of "recycled PCBs" only
two industries to date who have provided information on their recycling activities.
These two industries are: 1) paper pulp manufacturers, and 2) manufacturers of
asphalt roofing materials. In sum, EPA has prescribed a generic exclusion to manu-
facture, process, distribute in commerce, and use PCBs in paper pulp and asphalt
roofing materials provided that:
, There are no detectable concentrations of PCBs in asphalt roofing material
products leaving the processing site.
The concentration of PCBs in paper products leaving any manufacturing
site processing paper products, or in paper products imported into the
United States, must have an annual average of less than 25 ppm, with a 50
ppm maximum.
The release of PCBs at the point at which emissions are vented to ambient
air must be less than 10 ppm.
The amount of Aroclor PCBs added to water discharged from an asphalt
roofing processing site must at all times be less than 3 micrograms per
liter (ug/L) for total Aroclors (roughly 3 parts per billion). Water discharges
from the processing of paper products must at all times be less than 3
micrograms per liter (ug/L) for total Aroclors (roughly 3 ppb), or comply
with the equivalent mass-based limitation.
01 Does the 3 parts per billion (ppb) discharge limit for pulp and paper mills apply only
to direct discharges?
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A1 Yes, the discharge limit for oulp and paper mills applies only to direct discharges. It
does not apply to paper mms that discharge into publicly owned treatment works
(POTWs).
Disposal of any other process wastes at concentrations of 50 ppm or
greater must be in accordance with 761.60.
EXCLUDED MANUFACTURING PROCESSES
The 1984 "Uncontrolled RGBs" rule also amended the PCB regulations by replacing
the definitions of "Closed Manufacturing Process" and "Controlled Waste Manufactur-
ing Process" with a generic exclusion now defined as "Excluded Manufacturing Proc-
esses." This exclusion expanded upon and superseded the exclusions for closed
and controlled waste manufacturing processes in terms of established limits for PCB
releases in products, air emissions, water effluents, and wastes. In sum, EPA has
prescribed a generic exclusion to manufacture, process, distribute in commerce, and
use PCBs in accordance with the definition of "Excluded Manufacturing Process"
provided that:
PCBs in products leaving the manufacturing site are limited to an annual
average of less than 25 ppm, with a 50 ppm maximum.
Where the product is detergent bars, PCB concentrations in the product
are limited to less than 5 ppm.
PCBs added to water discharges from the manufacturing site are limited to
less than 100 micrograms per resoluble gas chromatographic peak per
liter of water discharged.
Releases of PCBs in air emissions are limited to less than 10 ppm at the
point where emissions are vented.
Disposal of any other process wastes at concentrations of 50 ppm or
greater must be in accordance with 761.60.
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- PCB STORAGE REQUIREMENTS -
Storage of PCBs became regulated in 1979 with the promulgation of the "PCB Ban
Rule." Since those earliest PCB regulations, the storage requirements for PCBs have
remained virtually unchanged but for a very few amendments found in the 1982
"Electrical Equipment Rule." However, the improper storage of PCBs remains to be
one of the most frequent areas of confusion and non-compliance based upon EPA
inspection reports from regional EPA offices.
Complying with the storage requirements for PCBs revolves around a few important
ingredients:
Establishing a proper storage facility for PCBs.
Utilizing proper containers for PCB storage.
Managing PCB storage in accordance with r "king, recordkeeping, and
inspection requirements.
Understanding which PCBs and PCB Items require storage and the vari-
ous storage options which are available.
Removal from storage and disposal of PCBs and PCB Items within the
1 -year disposal time limitation.
PCB storage requirements apply only to those PCBs and PCB Items with PCB
concentrations of 50 ppm or greater including those PCBs and PCB Items which
EPA requires to be assumed to be 50 ppm or greater. Generally, PCB storage
requirements apply to PCBs and PCB Items which have been removed from service
and designated for disposal. However, PCB storage requirements also apply to any
PCB liquids (50 ppm or greater) in PCB Containers which are being stored for
authorized servicing of electrical equipment. PCB and PCB-contaminated electrical
equipment being stored for reuse (stock) is considered by the agency to be "in
service" and does not require storage in a PCB storage facility.
Q1 Is electrical equipment being stored for "repair" considered "in service" or "removed
from service" by EPA?
A1 In the opening paragraph to the "Storage and Disposal" subpart of the PCB regula-
tions (761 60) it is indicated that the regulations do not require "...removal of PCBs
and PCB Items from service earlier than would normally be the case." It is very
important to understand that the term "removed from service," when used in the
regulations, specifically means that PCBs and PCB Items have been designated for
disposal to terminate or end the useful life which they were originally designed for. In
fa* it is the policy of the agency that once a PCB Item has been "removed from
service" for disposal, it cannot be placed back "in service" for cont.nued use .nclud-
ing repairing the item for further use.
There has been considerable misunderstanding of the term "removed from service"
by those inThe regulated community, especially electric util,t,es who for years have
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considered electrical equipment being "changed out" and brought in from their sys-
tem to be repaired, serviced, or placed back into stock for reuse as being "removed
from service." This is not what EPA means when the regulations refer to PCB Items
being "removed from service." To the contrary, EPA considers electrical equipment
being stored for repair and/or reuse to be just as "in service" as those on-line units
being actively used within the electric system.
On the other hand, questions have been raised about the continued legality of
storing non-functional electrical equipment indefinitely for repair when the owner or
user of the equipment has no intention of actually repairing the equipment or does
not complete repairs within a reasonable amount of time. Such indefinite storage of
equipment which may ultimately be disposed of thwarts the intent of the one year
restriction on storage for disposal. EPA promulgated the storage for disposal require-
ments in the 1978 "Marking and Disposal" Rule due to the concern that long term
storage could lead to deterioration of PCB Containers and PCB Articles and result in
the release of PCBs. Consequently, the agency may have grounds to enforce
against lengthy "storage for reuse" of equipment which is not reasonably expected to
be placed back into service.
PCB STORAGE FACILITIES
Establishing a PCB storage facility which meets the criteria listed under 761.65(b)
does not necessarily require tremendous expense, space, or technical engineering.
In fact, many facilities which store small quantities of PCBs and PCB Items are able
to set up a designated PCB storage area involving minimal space and expense but
which complies with all regulatory requirements. On the other hand, some facilities
have need of larger, more elaborate PCB storage facilities to meet the greater vol-
ume of PCBs and PCB Items being processed and stored for disposal. In either
case, owners or operators of facilities used for the storage of PCBs and PCB Items
shall comply with the following requirements:
The facility shall have adequate roof and walls to prevent rain water from
reaching the stored PCBs and PCB Items [761.65(b)(1)(i)].
The facility shall have an adequate floor which has continuous curbing
with a minimum six inch high curb. The floor and curbing must provide a
containment volume equal to at least two times the internal volume of the
largest PCB Article or PCB Container stored therein or 25 percent of the
total internal volume of all PCB Articles or PCB Containers stored therein,
whichever is greater [761.65(b)(1)(ii)].
The facility shall have no drain valves, floor drains, expansion joints, sewer
lines, or other openings that would permit liquids to flow from the curbed
area'(761.65(b)(1)(iii)].
The facility shall have floors and curbing constructed of continuous
smooth and impervious materials, such as portland cement concrete or
steel, to prevent or minimize penetration of PCBs [761.65(b)(1)(iv)J.
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The facility shall not be located at a site that is below the 100-year flood
water elevation [761.65(b)(1)(v)].
Q2 Can RGBs be stored for disposal without having to set up a "PCB storage facility"?
A2 The regulations include optional storage methods for RGBs such as "30-day tempo-
rary storage" and "pallet storage" (see Storage Options). However, in all cases where
RGBs 50 ppm or greater (known or assumed) are stored for disposal for more than
30 days, a PCB storage facility is necessary.
Q3 Does a facility have to construct a special building specifically for PCB storage or
can a portion of an existing building be used to properly store RGBs?
A3 EPA does not require the construction of a building for proper storage of RGBs and
PCB Items. It is allowable to use an existing structure to act as a PCB storage facility
provided all of the criteria of 761.65(b) are met. Also, the use of an entire building
(whether new or existing) solely for the storage of PCBs is not specifically required. A
designated area within the building reserved for PCB storage is permissible; how-
ever, EPA recommends that in those instances where only a portion of a building is
being used as a PCB storage facility, that area should be clearly marked and segre-
gated from other activities within the structure.
Q4 Do owners and users of PCBs have to pour expensive concrete floors and curbing to
meet the criteria for a PCB storage facility, or are other less expensive options
available?
A4 The PCB regulations specifically mention "adequate floors" and "continuous curbing"
in the requirements for PCB storage facilities. However, EPA has generally allowed
flexibility in this area such as the use of a stock tank or metal box to meet the
"berming" criteria requirement for a proper PCB storage facility. These optional
"berms" must be constructed of smooth impervious materials and must meet the
minimum 6 inch height and volume requirements under 761.65(b)(1)(ii). Also, a stock
tank or metal box must not have any drains, seams, or other openings that would
permit liquids to flow from the containment area. Mere storage in 55 gallon barrels or
overpack drums does not meet the requirements for a PCB storage facility.
STORAGE OPTIONS
As mentioned earlier, the regulations outline two options for storing PCBs in areas
other than a "PCB storage facility." These two storage options are often referred to as
"30-day temporary storage" and "pallet storage."
"30-day temporary storage" [761.65(c)(1)] allows the storage of certain PCB Items in
an area that does not comply with the requirements for a PCB storage facility for up
to 30 days from the date of their removal from service for disposal provided that a
notation is attached to the PCB Item or PCB Container indicating the date the item
was removed from service for disposal. PCB Items which can be stored under this
30-day temporary storage option include:
Non-leaking PCB Articles and PCB Equipment [761.65(c)(1)(i)].
Leaking PCB Articles and PCB Equipment if the PCB Items are placed in a
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non-leaking PCB Container that contains sufficient sorbent materials to
absorb any liquid PCBs remaining in the PCB Items [761.65(c)(1)(ซ)].
PCB Containers containing non-liquid PCBs such as contaminated soil,
rags, and debris [761.65(c)(1)(iii)].
PCB Containers containing liquid PCBs at a concentration between 50 and
500 ppm, provided a Spill Prevention, Control, and Countermeasure Plan
has been prepared for the temporary storage area in accordance with 40
CFR 112. In addition, each container must bear a notation that indicates
that the liquids in the drum do not exceed 500 ppm PCB [761.65(c)(1)(iv)].
Q5 Is the 30-day temporary storage option available for commercial storage and dis-
posal facilities?
A5 No. Temporary storage applies only to generators of PCB waste items since they are
the only ones who have access to the PCB Items immediately after their removal
from service for disposal.
Q6 Does temporary storage provide generators of PCB waste with an additional 30
days to the 1 -year storage and disposal time limitation?
A6 No. 30-day temporary storage is included in the total 1 -year storage and disposal
time limitation.
Another storage option outlined in the PCB regulations is often referred to as "pallet
storage." Pallet storage allows certain PCB Items to be stored for more than 30 days
on pallets next to a PCB storage facility that meets the requirements of 761.65(b)(1).
However, pallet storage is permitted only when the PCB storage facility has immedi-
ately available unfilled storage space equal to 10 percent of the volume of the PCB
Items being stored on pallets next to the facility [761.65(c)(2)]. PCB Items which can
be stored under this "pallet storage" option include:
Non-leaking and structurally undamaged PCB large high voltage capaci-
tors, and
PCB-contaminated electrical equipment (known or assumed 50-500 ppm)
that have not been drained of free flowing dielectric fluid [761.65(c)(2)].
Q7 Is pallet storage allowed for a facility that doesn't have a PCB storage facility?
A7 No. Pallet storage is only allowed when located next to a PCB storage facility that
meets the requirements of 761.65(b)(1).
Q8 Does pallet storage have to be indoors?
A8 No provided that the PCB capacitors and/or PCB-contaminated electrical equipment
being stored for disposal are on pallets located adjacent to the building which
houses the PCB storage facility.
MARKING/LABELING
All PCB storage areas including the "PCB storage facility" as well as "30-day tempo-
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rary storage" and "pallet storage" areas must be marked/labeled in accordance with
the EPA marking requirement 761.40(a)(10).
HANDLING EQUIPMENT
Any movable equipment that is used for handling RGBs and PCS Items in the PCB
storage facility, and that comes in direct contact with PCBs, shall not be removed
from the storage facility area unless it has been decontaminated by swabbing the
surfaces that have contacted PCBs with a solvent that meets the criteria of 761.79(a).
INSPECTIONS
All PCB Articles and PCB Containers in the PCB storage facility must be inspected
for leaks at least once every 30 days. Any leaking PCB Articles and PCB Containers
and their contents shall be transferred immediately to properly marked non-leaking
containers. Any spilled or leaked materials shall be immediately cleaned up, using
sorbents and/or other adequate means, and the PCB-contaminated materials and
residues shall be disposed of in accordance with PCB disposal requirements
[761.65(c)(5)].
Any PCB capacitors and PCB-contaminated electrical equipment stored adjacent to
the PCB storage facility on pallets must be inspected for leaks weekly [761.65(c)(2)].
STORAGE CONTAINERS
Containers used for the storage of PCBs (known or assumed 50 ppm or greater)
shall comply with the shipping container specifications of the Department of Trans-
portation (DOT) under 49 CFR 178.80.
Containers approved for the storage of liquid PCBs include:
DOT-5 steel drum without removable head
DOT-SB steel drum without removable head
DOT-6D overpack with DOT-2S or DOT-2SL molded polyethylene contain-
ers
DOT-17E single trip steel drum without removable head
Containers approved for the storage of non-liquid PCBs include:
DOT-5 steel drum without removable head
DOT-SB steel drum without removable head
DOT-17C single trip steel drum with removable head
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As an alternate, containers larger than those specified in DOT specifications 5, 5B, or
17C may be used for non-liquid PCBs if the containers are designed and constructed
in a manner that will provide as much protection against leaking and exposure to the
environment as the DOT specification containers, and are of the same relative
strength and durability as the DOT specification containers [761.65(c)(6)]. For ex-
ample, wooden crates constructed in compliance with DOT specifications may also
be used for transporting non-leaking PCS large, high voltage capacitors.
Storage containers for liquid PCBs can be larger than the containers listed above
(i.e. bulk storage tanks) provided that:
The containers are designed, constructed, and operated in compliance
with Occupational Safety and Health Standards for flammable and com-
bustible liquids [761.65(c)(7)(i)].
Before using these containers/bulk tanks for storing PCBs, the design of
the containers must be reviewed to determine the effect on the structural
safety of the containers that will result from placing liquids with the specific
gravity of PCBs into the containers [761.65(c)(7)(i)].
Owners or operators of any facility using these containers/bulk tanks shall
prepare and implement a Spill Prevention Control and Countermeasure
(SPCC) Plan (761.65(c)(8)].
Q9 The regulations define a PCB transformer as containing 500 ppm or greater PCBs.
However, there is no specific PCB level mentioned under the definition of a "PCB
Container." Has EPA established a regulatory PCB level for PCB Containers in rela-
tion to marking/labeling, storage, and recordkeeping?
A9 Yes. The term "PCB Container" as found under the marking, storage, disposal, and
recordkeeping sections of the TSCA regulations, specifically applies to drums, bulk
tanks, and other containers (defined under 761.3) containing PCBs in concentrations
50 ppm or greater. This 50 ppm regulatory level applies to "PCB Article Containers"
as well.
Prior to disposal, a PCB Container with PCB concentrations at 50 ppm or greater
shall be stored in a PCB storage facility. Unless decontaminated, a PCB Container
50 ppm or greater shall be disposed of in accordance with 761.60(c). For a PCB
Container to be decontaminated, it must be flushed three times with a solvent con-
taining less than 50 ppm PCBs. The solubility of PCBs in the solvent must be five
percent or more by weight. Each rinse shall use a volume of normal diluent equal to
approximately ten percent of the PCB Container capacity. The solvent may be
reused for decontamination until it contains 50 ppm PCB. The solvent shall then be
disposed of as liquid PCBs in accordance with 761.60(a). Non-liquid PCBs resulting
from decontamination procedures shall also be disposed of in accordance with
761.60(a)(4).
STORAGE MANAGEMENT
PCB storage management goes beyond simply setting up a PCB storage area and
using proper DOT drums. In order to effectively store PCBs and PCB Items in
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accordance with federal PCB regulations, a facility must also develop and maintain
consistent storage practices and storage records.
PCB storage must be managed so that PCB Articles and PCB Containers can be
located by the date they entered storage. To accomplish this, all PCB Articles and
PCB Containers must be dated on the article or container when they are placed in
the "PCB Storage Facility" [761.65(c)(8)]. Attaching dates to PCB Articles and PCB
Containers applies to "30-day temporary storage" and "pallet storage" as well.
Owners or operators of facilities which store PCBs and PCB Items must establish
and maintain records on the storage and disposition of PCBs in accordance with
761.180. (See the chapter on "Recordkeeping and Reporting" for a detailed discus-
sion of PCB storage records). For PCB Containers, these records should include:
container contents, PCB concentration (ppm), and the container's final total volume
prior to shipment for disposal (gallons of PCB liquids/pounds of PCB solids). In
many cases, these records will form the basis of a required "Annual Document" to be
prepared by the facility, and therefore the information should be carefully logged and
maintained for future need.
If a facility is utilizing "bulk" storage of PCBs in containers/bulk tanks larger than
55-gallon DOT drums, the facility must also maintain records for each batch of PCBs
added to the containers. These records must include the quantity of the batch and
the date the batch was added to the container. The records shall also include the
date, quantity, and disposition of any batch of PCBs removed from the container
[761.65(c) (8)].
Finally, PCB storage must be managed so that PCB Articles and PCB Containers
stored for disposal are removed from storage and disposed of within one year from
the date the articles or containers were first placed into storage [761.65(a)].
Q10 The regulations indicate that PCBs must be disposed of within one year. How long
can PCBs be stored for disposal prior to shipment to the final disposal site?
A10 Technically, there is no time limitation placed upon the storage of PCBs for disposal
provided that the PCBs are disposed of within the one year disposal deadline.
However, EPA has adopted a written policy (TSCA Compliance Program Policy No.
6-PCB-6) which provides that a generator delivering PCB waste to a disposal facility
later than 90 days before the end of the one-year disposal deadline will be held liable
if the disposal facility cannot dispose of the waste in time. If the generator delivers
the waste with 90 days or more remaining in the one-year deadline, the disposer is
responsible for disposing of the material before the deadline. The disposer will share
in any liability if he does not dispose of PCB waste within 90 days from the date it is
received at the disposal facility. So, for all intents and purposes, the generator has
nine months of the one-year disposal timeframe to store PCBs and transport those
PCBs to the final disposition site.
Q11 As a generator of PCB waste, our facility regularly contracts a disposal "broker" to
pick up and transport our PCB waste to a PCB disposal site. Normally, these "bro-
kers" will transport our PCB waste to their facility for storage and consolidation with
PCB waste from other generators. How long can our PCB waste be stored by a
broker?
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A11 First, it is important to understand that a disposal "broker is merely an extension of
the generator in terms of the one-year disposal deadline. That is, the generator
remains liable if the disposal "broker" fails to deliver the PCS waste to the disposal
site in time for the waste to be disposed of within the one-year deadline. In sum, EPA
places the responsibility for delivering PCS waste to a disposal facility at least 90
days before the one-year deadline on the generator of the waste and does not allow
additional time for PCB waste to be processed and/or stored by disposal brokers or
commercial storage facilities.
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PCB DISPOSAL REQUIREMENTS -
Disposal of PCBs became regulated in 1978 with the promulgation of the "PCB
Marking and Disposal" rule. In this final rule, EPA prescribed various disposal re-
quirements for PCBs and PCB Items, and also established the 50 parts per million
(ppm) regulatory cutoff for the disposal of PCBs. As discussed earlier, the general 50
ppm cutoff for PCBs was overturned in 1980 with the "EOF vs. EPA" lawsuit, and in
1984 the "Uncontrolled PCBs" rule resulted in the regulation of many activities involv-
ing any quantifiable level of PCBs (manufacturing, processing, distribution in com-
merce, and use). However, the overturning of the general 50 ppm cutoff and the
subsequent "Uncontrolled PCBs" rule did not apply to the disposal of PCBs, which
remain regulated only in concentrations of 50 ppm or greater.
MINERAL OIL DIELECTRIC FLUID (50-499 PPM PCB1
Mineral oil dielectric fluid from PCB-contaminated electrical equipment containing a
PCB concentration of 50-499 ppm (known or assumed) must be disposed of in one
of the following:
In an incinerator that complies with 761.70.
In a chemical waste landfill that complies with 761.75 if information is
provided to the owner or operator of the chemical waste landfill that shows
that the mineral oil dielectric fluid does not exceed 500 ppm PCB and is
not an ignitable waste as described in 761.75(b)(8)(iii). (NOTE: After July 8,
1987, land disposal of liquid hazardous wastes containing 50 ppm or
greater PCB is prohibited, except under granted exemptions.)
In a high efficiency boiler that complies with 761.60(a)(2)(A).
By an alternative EPA approved and permitted method such as "chemical
detoxification."
OTHER LIQUIDS (50-499 PPM PCB)
Liquids, other than mineral oil dielectric fluid, containing a PCB concentration of
50-499 ppm must be disposed of in one of the following:
In an incinerator that complies with 761.70.
In a chemical waste landfill that complies with 761.75 if information is
provided to the owner or operator of the chemical waste landfill that shows
that the waste does not exceed 500 ppm PCB and is not an ignitable
waste as described in 761.75(b)((8)(iii). (NOTE: After July 8, 1987, land
disposal of liquid hazardous wastes containing 50 ppm or greater PCB is
prohibited, except under granted exemptions.)
XIII -1
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In a high efficiency boiler that complies with 761.60(a)(3)(A).
By an alternative EPA approved and permitted method such as "chemical
detoxification."
NON-UQUID PCBs (50 PPM OR GREATER)
Non-liquid PCBs at concentrations of 50 ppm or greater in the form of contaminated
soil, rags, or other debris must be disposed of in one of the following:
In an incinerator that complies with 761.70.
In a chemical waste landfill that complies with 761.75. (NOTE: Except as
provided in 761.75(b)(8)(ii), liquid PCBs shall not be processed into non-
liquid forms to circumvent the high temperature incineration requirements
of761.60(a).
PCB TRANSFORMERS (500 PPM OR GREATER PCB)
PCB Transformers with PCB concentrations 500 ppm or greater must be disposed of
in accordance with either of the following:
In an incinerator that complies with 761.70.
In a chemical waste landfill that complies with 761.75 provided that the
transformer is first drained of ail free-flowing liquid, filled with solvent,
allowed to stand for at least 18 hours, and then drained thoroughly. PCB
liquids that are removed shall be disposed of in accordance with
761.60(a). Solvents may include kerosene, xylene, toluene, and other sol-
vents in which PCBs are readily soluble.
PCB CAPACITORS 0-ARGE. HIGH OR LOW VOLTAGE)
The disposal of any capacitor shall comply with the following requirements unless it
is known from label or nameplate information, manufacturer's literature, or chemical
analysis (test results) that the capacitor does not contain PCBs. Any large, high or
low voltage capacitor which contains 500 ppm or greater PCBs must be disposed of
in accordance with either of the following:
In an incinerator that complies with 761.70.
SMALL PCB CAPACITORS
PCB small capacitors may be disposed of as municipal solid waste except that
manufacturers who at any time manufactured PCB small capacitors or equipment
containing a PCB small capacitor must dispose of PCB small capacitors in accor-
XIII -2
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dance with either of the following:
In an incinerator that complies with 761.70.
PCB-CONTAMINATED ELECTRICAL EQUIPMENT (50-499 PPM PCB)
PCB-contaminated electrical equipment, except capacitors, with PCB contamination
50-499 ppm shall be disposed of by draining all free-flowing liquid from the electrical
equipment and disposing of the liquid in accordance with 761.60(a)(2) or (3). The
disposal of the drained carcass is not regulated.
Capacitors that contain 50-499 ppm PCBs must be disposed of in an incinerator that
complies with 761.70 or in a chemical waste landfill that complies with 761.75.
PCB CONTAINERS (50 PPM OR GREATER!
Unless decontaminated in accordance with 761.79, PCB Containers with PCB con-
centrations 50 ppm or greater must be disposed of in one of the following:
In an incinerator that complies with 761.70.
In a chemical waste landfill that complies with 761.75 provided that if there
are PCBs in a liquid state, the PCB Container shall first be drained and the
PCB liquid disposed of in accordance with 761.60(a)(2) or (3).
PCB Containers with PCB concentrations less than 500 ppm may be disposed of as
municipal solid wastes, provided that the container is drained of any liquid PCBs and
any liquid PCBs in concentrations 50 ppm or greater are disposed of in accordance
with 761.60(a)(2) or (3). The container must also be emptied of any PCB solids 50
ppm or greater, and the solids disposed of in accordance with 761.60(a)(4).
PCB HYDRAULIC MACHINES (50 PPM OR GREATER)
PCB hydraulic machines containing PCBs at concentrations of 50 ppm or greater
such as die casting machines may be disposed of as municipal solid waste or
salvage provided that the machines are drained of all free-flowing liquid and the
liquid is disposed of in accordance with 761.60(a)(3). If the PCB liquid contains 1000
ppm or greater, then the hydraulic machine must be flushed prior to disposal with a
solvent containing less than 50 ppm PCB and the solvent disposed of in accordance
with 761.60(a)(3).
OTHER PCB ARTICLES (50 PPM OR GREATER)
Other PCB Articles with PCB concentrations at 500 ppm or greater must be disposed
of in one of the following:
XIII-3
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In an incinerator that complies with 761.70.
in a chemical waste landfill that complies with 781.75, provided that all
free-flowing liquid PCBs have been thoroughly drained from any articles
before the articles are placed in the chemical waste landfill and that the
drained liquids are disposed of in an incinerator that complies with 761.70.
Other PCB Articles with PCS concentrations at 50-499 ppm must be disposed of by
draining all free-flowing liquid from the article and disposing of the liquid in accor-
dance with 761.60(a)(2) or (3). The disposal of the drained article is not regulated.
ALTERNATIVE DISPOSAL METHODS
Any person who is required to incinerate any PCBs and PCB Items as discussed in
this chapter, and who can demonstrate that an alternative method of destroying
PCBs and PCB Items exists and that this alternative method can achieve a level of
performance equivalent to 761.70 incinerators or high efficiency boilers as provided
In 761.60(a)(2) & (3), may submit a written request to either the Regional Administra-
tor or the Assistant Administrator for Pesticides and Toxic Substances for an exemp-
tion from the incineration requirements of 761.70 or 761.60. Requests for approval of
alternate methods that will be operated in more than one region must be submitted
to the Assistant Administrator for Pesticides and Toxic Substances except for re-
search and development involving less than 500 pound s of PCB material. Requests
for approval of alternate methods that will be operated in only one region must be
submitted to the appropriate regional administrator. The applicant must show that his
method of destroying PCBs will not present an unreasonable risk of injury to health
or the environment On the basis of such information and any available information,
the Regional Administrator or Assistant Administrator for Pesticides and Toxic Sub-
stances may, in his discretion, approve the use of the alternate method if he finds
that the alternate disposal method provides PCB destruction equivalent to disposal
in a 761.70 incinerator or a 761.60 high efficiency boiler and will not present an
unreasonable risk of injury to health or the environment. Any approval must be
stated in writing and may contain such conditions and provisions as the Regional
Administrator or Assistant Administrator for Pesticides and Toxic Substances deems
appropriate. The person to whom such waiver is issued must comply with all limita-
tions contained in such determination.
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- PCB SPILL CLEANUP POLICY -
EPA promulgated regulations on the disposal of RGBs in the Federal Register on
February 17,1978 and May 31,1979. These early PCB regulations broadly defined
the term "disposal" to include accidental as well as intentional releases of PCBs into
the environment. Under these regulations, EPA considers intention, as well as unin-
tentional, spills, leaks and other uncontrolled discharges of PCBs at concentrations
of 50 parts per million or greater to be "improper disposal" of PCBs. When PCBs are
improperly disposed of as a result of a spill of a material containing 50 ppm or
greater PCBs, EPA has the authority to compel persons to take actions to rectify
damage and/or dean up contamination resulting from the spill.
For many years now, EPA standards for the cleanup of spilled PCBs have been
established at the EPA Regional Office level. Each region established PCB spill
cleanup standards in the form of general guidelines and then applied the general
guidelines on a case-by-case basis for specific spill situations. Owners of spilled
PCBs were required to meet these standards or face potential penalties for improper
disposal of PCBs.
In establishing PCB spill cleanup standards on a regional basis, EPA has experi-
enced inconsistancy in the general guidelines and their application to spills from
region to region. For certain spill situations, EPA Regional Offices have required
cleanup only to 50 ppm PCBs. In other spill situations, regions have required
cleanup to preexisting background levels, or to the limit of detection of PCBs. Most
recently, EPA Regional Offices have applied the "lowest practicable level" guidelines
set up in the January 27,1984, decision on "General Electric vs. U.S.E.P.A." How-
ever, the agency has experienced several areas of difficulty in applying the "lowest
practicable level" approach to all PCB spills. First, the guideline is subject to, and has
resulted in, disparate interpretations. Second, the term "lowest practicable level"
cannot be easily applied by the regulated community without guidance from EPA,
potentially resulting in delays in cleanup and prolonged exposures to humans and
more widespread environmental contamination. Finally, the owner of PCBs may dis-
agree with the EPA Regional Office's interpretation of the "lowest practicable level"
standard. This may occur when the EPA Regional Office interpretation would require
more stringent and costly measures than the owner believes are warranted.
When addressing the subject of PCB spills, EPA has emphasized two very important
ingredients. First, the timely cleanup of PCB spills. And second, establishing prudent,
yet practicable, numerical criteria standards for PCB spills cleanup. Since 1982, EPA
has had in place requirements for timely cleanup of certain PCB spills 50 ppm or
greater. In the final PCB Electrical Equipment Rule published August 25,1982, EPA
required the initiation of spill cleanup from a PCB Transformer (500 ppm or greater)
within 48 hours of spill discovery. However, the issue of timely cleanup of PCB spills
from sources other than PCB Transformers (i.e., PCB Capacitors, PCB-Contaminated
Electrical Equipment, etc.) was not addressed; and, the PCB Electrical Equipment
Rule did not establish final cleanup standards for PCB spills.
Even though EPA did not finalize a PCB spill cleanup policy in 1982, the Agency has
continued to evaluate available information on the risks posed by spilled PCBs and
XIV-1
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the costs associated with cleanup to various levels. EPA recognized that setting a
nationwide PCB spill cleanup policy was a desirable goal and in the winter of 1984
produced a draft TSCA Compliance-Monitoring Program Policy covering PCB spill
cleanup. Although the 1984 draft was never officially released, members of the press
and the public acquired and reviewed the draft policy. The Environmental Defense
Fund (EOF), National Resources Defense Council (NRDC), Edison Electric Institute
(EEI), Chemical Manufacturers Association (CMA), and National Electrical Manufac-
turers Association (NEMA), among others, were principal reviewers of the 1984 draft
policy. On May 17,1985, EOF, NRDC, EEI, CMA, and NEMA submitted to EPA an
alternative PCB spill cleanup policy for consideration by the Agency. EPA viewed this
alternative cleanup policy (referred to as the "Consensus Agreement") as a frame-
work for completing its nationwide PCB spill cleanup policy and evaluated the Con-
sensus Agreement as a source of information in developing the Agency's own
policy. The Agency and the Consensus Group shared two general principals about
the appropriate framework for a nationwide PCB spills cleanup policy: (1) that the
policy should establish requirements designed to be effective in the large majority of
spiil situations; and, (2) that the risks posed by residual contamination (PCBs remain-
ing after cleanup) vary depending upon the potential for human exposures.
Because of the tremendous variety of PCB spill situations, developing a nationwide
cleanup policy which incorporated timely cleanup with prudent numerical cleanup
standards while at the same time maintaining a format that was practicable in areas
of cost and implementation for the regulated community proved to be a very compli-
cated and time-consuming task for the Agency. Consequently, EPA has developed
its National PCB Spill Cleanup Policy based upon what the Consensus Group and
others have indicated are the more "typical" and thus most common types of PCB
spills, as well as the costs associated with cleanup following these most common
types of spills. Typical PCB spills involve the limited release of PCBs during the
course of EPA authorized activities such as: the use of electrical equipment (e.g.
transformers and capacitors), the servicing of electrical equipment, and the storage
for disposal of PCBs.
In establishing the cleanup policy for typical PCB spills, EPA recognized that the
risks posed by spills of PCBs vary, depending upon the spill location and the amount
of PCBs spilled. Therefore, the PCB Spill Cleanup Policy now requires cleanup of
PCBs to different levels depending upon spill location, the potential for exposure to
residual PCBs remaining after cleanup, the concentration of the PCBs initially spilled,
and the nature and size of the population potentially at risk of exposure. Thus, the
policy applies the most stringent requirements for PCB spill cleanup to areas where
there is the greater potential for human exposures to spilled PCBs. The policy ap-
plies less stringent requirements for cleanup of PCB spills in areas where the type
and degree of contact present lower potential exposures. Finally, even less stringent
requirements apply to areas where there is little potential for any direct human
exposure.
EPA firmly believes that by providing uniform, predictable requirements across the
regions for the majority of spill situations, the nationwide PCB Spill Cleanup Policy
will reduce the risks posed by spills of PCBs by encouraging rapid and effective
cleanup and restoration of the site.
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SCOPE OF THE POLICY
The new PCB Spill Cleanup Policy establishes requirements for the cleanup of spills
resulting from the release of materials containing PCBs at concentrations of 50 ppm
or greater including materials which EPA requires to be assumed 50 ppm or greater
(i.e., untested mineral oil dielectric fluid). The policy became effective on May 4,
1987, and applies only to spills which occur after that date. Existing spills which
occurred prior to May 4,1987 are excluded from the policy and are to be cleaned up
in accordance with requirements established at the discretion of EPA, usually
through its regional offices.
In addition, EPA has excluded certain PCB spills from the policy based upon loca-
tion. PCB spills which contaminate surface water, drinking water, sewers, animal
grazing lands, and vegetable gardens are excluded from the final cleanup standards
in the policy because these spills, due to their location, potentially pose significantly
greater exposure risks to humans than those "typical" spills around which the policy
has been developed. For these "excluded" spills, the responsible party shall report
the spill to their Regional EPA Office and dean up the spill in accordance with
site-specific requirements established by the EPA Regional Office. While these spills
may not always require more stringent cleanup measures, the Agency has excluded
spills in these locations because they will always involve significant factors that may
not be adequately addressed by the "typical" spill characteristics to which the policy
is designed. For all other PCB spills, EPA generally expects the final cleanup stan-
dards of the policy to apply. In sum:
EPA's national "PCB Spill Cleanup Policy" went into effect May 4,1987.
The policy applies to all PCB spills in concentrations 50 ppm or greater
(known or assumed) which occur after May 4,1987, except for certain
excluded* spills which occur in higher risk locations.
"Excluded" spills are those which contaminate surface water, drinking wa-
ter, sewers, animal grazing lands, and vegetable gardens. The cleanup
standards found in the "PCB Spill Cleanup Policy" do not apply to these
spills. These spills must be reported to the appropriate EPA Regional
Office no later than 24 hours after discovery and cleaned up in accordance
with site-specific requirements as established by the Regional EPA Office.
Q1 Why does EPA refer to these new cleanup requirements as "policy" instead of "regu-
lations"?
A1 It is important to note that the new PCB Spill Cleanup Policy is an EPA policy
statement which applies to existing "spill/improper disposal" regulations. That is to
say, when a PCB spill occurs, under existing regulations, "improper disposal" has
taken place. The new PCB Spill Cleanup Policy provides a nationwide set of uniform
reporting, cleanup, and recordkeeping standards which, if followed precisely, as-
sures the responsible party that they will not receive improper disposal penalties
and/or enforcement for further cleanup from EPA. It is not a regulatory requirement
that a PCB spill be cleaned up in accordance with the spill policy; however, as an
official agency policy, EPA will exercise enforcement abeyance for improper disposal
and assure no penalties only if those spills within the scope of the policy are cleaned
XIV-3
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up in accordance with the policy. In other words, if a responsible party wants assur-
ance that they will not receive penalties from EPA for improper disposal due to a
PCB spill, the new PCB Spiil Cleanup Policy must be precisely followed.
KEY DEFINITIONS
The following are a few of the key definitions found in the PCS Spill Cleanup Policy.
All of the definitions listed in the policy are not discussed here. Responsible parties
should refer to 40 CFR Part 761.123 for a detailed list of all definitions found in the
policy.
Spill" - The term as used in the policy means both intentional and unin-
tentional spills, leaks, and other uncontrolled discharges where the release
results in any quantity of PCBs running off or about to run off the external
surface of the equipment or other PCB source, as well as the contamina-
tion resulting from those releases. The policy applies to spills of 50 ppm or
greater PCBs. The concentration of PCBs spilled is determined by the PCB
concentration in the material spilled as opposed to the concentration of
PCBs in the material onto which the PCBs were spilled. Where a spill of
untested mineral oil occurs, the oil is presumed to contain greater than 50
ppm, but less than 500 ppm PCBs, and is subject to the relevant require-
ments of the policy.
Q2 The spill policy defines "spill" by including the word leak" in the definition. Does this
mean that all minor leaks* from electrical equipment must be cleaned up in accor-
dance with the new spill policy?
A2 No. The spill policy only applies to leaks where "...the release results in any quantity
of PCBs running off or about to run off the external surface of the equipment." EPA
has differentiated between these types of "migrating" leaks which have or are about
to contaminate other materials. The policy does not apply to minor seepage from
electrical equipment bushings or coverpiates. However, it is important to understand
that a minor leak of this type is still considered "improper disposal" of PCBs and must
be controlled, repaired, and cleaned up by authorized servicing of electrical equip-
ment if the responsible party wishes to continue to use or store for reuse the
electrical equipment and avoid improper disposal penalties from EPA.
"Low-concentration PCBs" - This term means PCBs that are tested and
found to contain less than 500 ppm PCBs or those PCB-containing materi-
als which EPA allows to be assumed to be at concentrations below 500
ppm (i.e., untested mineral oil dielectric fluid). Consequently, a "low-
concentration" spill as referred to in the policy is a spill of material contain-
ing PCBs in concentrations of 50-499 ppm, including spills of untested
mineral oil which must be assumed to be 50-499 ppm.
-High-concentration PCBs" - This term means PCBs that contain 500
ppm or greater PCBs, or those materials which EPA requires to be as-
sumed to contain 500 ppm or greater PCBs in the absence of testing.
Consequently, a "high-concentration" spill as referred to in the policy is a
spill of material containing PCBs in concentrations of 500 ppm or greater,
X1V-4
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including spills of material which must be assumed to be 500 ppm or
greater (e.g., an untested transformer with no namepiate).
"Outdoor electrical substations" - Outdoor electrical substations are out-
door, fenced-off, and restricted access areas used in the transmission
and/or distribution of electrical power. For purposes of the spill policy,
outdoor electrical substations are defined as being located at least 0.1
kilometer (km) from a residential/commercial area. Outdoor electrical sub-
stations which are located less than 0.1 km from a residential/commercial
area are considered to be residential/commercial areas.
Q3 If a PCB spill occurs in an outdoor electrical substation located more than 0.1
kilometer from a residential/commercial building but less than 0.1 kilometer from the
residential/commercial property boundary line, should the spill be cleaned up as an
outdoor electrical substation spill or a residential/commercial spill?
A3 EPA has established that when determining which spills fall under the cleanup re-
quirements for "outdoor electrical substations," versus the more stringent cleanup
requirements for "residential/commercial areas," the responsible party shall measure
the 0.1 kilometer distance "...from the actual site of the spill to the edge of the
building where people live or reside, or work."
"Double wash/rinse" - The double wash/rinse procedural performance
standard applied in the policy means a minimum requirement to cleanse
solid surfaces two times with an appropriate solvent or other material in
which RGBs are at least 5 percent soluble (by weight). A volume of PCB-
free fluid sufficient to cover the contaminated surface completely must be
used in each wash/rinse. The wash/rinse requirement does not mean the
mere spreading of solvent or other fluid over the surface, nor does the
requirement mean the once-over wipe with a soaked doth. Precautions
must be taken to contain any runoff resulting from the cleansing and to
dispose properly of wastes generated during the cleansing.
Q4 Can liquid cleaners and/or detergents be used throughout the double wash/rinse
procedure, or must more conventional solvents such as kerosene be used?
A4 The spill policy allows the use of "other materials" in the double wash/rinse proce-
dure provided that PCBs are at least 5 percent soluble by weight in the material.
Currently, EPA has very little information on the effectiveness of utilizing various
detergents and deaners in PCB spills deanup. The Agency is most interested in
receiving input in this area and encourages those in the regulated community to
submit relevant data pertaining to various detergents and other cleanup materials.
"Standard wipe test" - For spills of high concentration PCBs and large,
low concentration spills, the policy requires cleanup of solid surfaces to
numerical surface standards and sampling by a standard wipe test to
verify that the numerical standards have been met. This definition consti-
tutes the minimum requirements for an appropriate wipe-testing protocol.
A standard-size template (10 centimeters x 10 centimeters) will be used to
delineate the area of cleanup; the wiping medium will be a gauze pad or
glass wool of known size which has been saturated with hexane. It is
important that the wipe be performed very quickly after the hexane is
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exposed to air.
"Spill area* - This term means the area of soil on which visible traces of
the spill can be observed plus a buffer zone of 1 foot beyond the visible
traces. Any surface or object (e.g., concrete sidewalk or automobile) within
the visible traces area, or on which visible traces of the spilled material are
observed, is included in the spill area. This area represents the minimum
area assumed to be contaminated by PCBs in the absence of precleanup
sampling data and is thus the minimum area which must be cleaned.
"Spill boundaries* - This term means the actual area of contamination as
determined by postcleanup verification sampling, or by precleanup sam-
pling to determine actual spill boundaries. EPA can require additional
cleanup when necessary to decontaminate all areas within the spill
boundaries to the levels required in the policy.
Q5 What is the difference between the "spill area" and the "spill boundaries'?
A5 The "spill area" is simply that area where traces of the spilled material can be seen
plus a 1 foot buffer zone. The "spill boundaries" on the other hand means the actual
area of contamination and includes contamination that might not be visible with the
naked eye.
PCB SPILL REPORTING REQUIREMENTS
EPA has established two basic reporting requirements for PCB spills under the TSCA
spill policy. In addition, reporting may also be required under the Clean Water Act
(CWA) or Comprehensive Environmental Response Compensation and Liability Act
(CERCLA). For example, under the CERCLA National Contingency Plan all spills
involving 10 pounds or more of PCB material must currently be reported to the
National Response Center (NRC). The reporting requirements found in the new PCB
Spill Policy are designed to be consistent with existing reporting requirements found
in other regulatory acts. Simply stated, only those PCB spills occurring in certain
high risk areas, or PCB spills involving a significant volume of PCBs spilled, are
required to be reported under the TSCA PCB Spill Cleanup Policy. These are:
All PCB spills, 50 ppm or greater, which contaminate surface waters, sew-
ers and sewer treatment plants, private or public drinking water sources,
animal grazing lands, and vegetable gardens must be reported to the
appropriate EPA Regional Office of Toxics and Pesticides in the shortest
possible time after discovery, but in no case later than 24 hours after
discovery.
All PCB spills, 50 ppm or greater, involving 10 pounds or more of PCBs
(generally 1 gallon of askarel) must be reported to the appropriate EPA
regional Office of Toxics and Pesticides in the shortest possible time after
discovery but in no case later than 24 hours after discovery.
Q6 When the spill policy refers to 10 pounds or more of PCBs, is the requirement to
report a spill of 10 pounds or more of PCB containing material (i.e., oil and PCBs), or
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10 pounds or more of actual PCBs on a dry-weight basis?
A6 The reporting requirement specified in the PCS spill policy only requires "...spills of
ten pounds of pure PCBs or more by weight to be reported."
DETERMINATION OF SPILL BOUNDARIES
For spills where there are insufficient visible traces yet there is evidence of a leak or
spill, the boundaries of the spill are to be determined by testing the area for PCBs
using a statistically based sampling scheme, (see Sampling Requirements)
CLEANUP. RECORDKEEPING. AND TESTING REQUIREMENTS
The PCB Spill Cleanup Policy establishes four categories of PCS spills: (1) small,
low-concentration spills, (2) large, low-concentration spills, (3) high-concentration
spills, and (4) excluded spills. As discussed earlier, EPA recognized that the risks
posed by spills of PCBs vary, depending upon the spill location'and the amount of
PCBs spilled. Therefore, the spill policy requires cleanup of PCBs to different levels
depending upon spill location, the potential for exposure to residual PCBs remaining
after cleanup, the concentraion of PCBs initially spilled, and the nature and size of
the population potentially at risk of exposure. The following is a general overview of
the various cleanup, recordkeeping, and testing requirements found in the policy.
Responsible parties should refer to 40 CFR Part 761.125 and 761.130 for detailed
information.
I. SMALL. LOW-CONCENTRATION SPILLS
Small, low-concentration spills are spills of materials containing 50-499 ppm PCBs
and which involve less than 1 pound of PCBs by weight or less that 270 gallons of
untested mineral oil. These spills are considered to be the most typical and most
common types of spills and usually involve smaller quantities of low-level PCBs.
Consequently, EPA has established a basic "performance standard" for proper
cleanup of spills of this type and requires specific records and statements of certifi-
cation to be documented and maintained by the responsible party.
CLEANUP REQUIREMENTS:
(1) All contaminated solid surfaces must be double washed/rinsed.
(2) Any contaminated indoor, residential surfaces must be cleaned to 10
micrograms per 100 square centimeters (10 ug/100 cm2).
(3) All soil within the spill area (i.e., visible traces plus a 1 lateral foot
buffer) must be excavated and the ground be restored to its original
configuration by back-filling the area with clean soil (i.e., less than 1
(4) The above cleanup must be completed within 48 hours of discovery of
the spill.
07 is "wipe testing" required following cleanup of a solid surface involved in a "small,
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low-concentration" spill?
A7 The only instance in which wipe testing would be required after cleanup of a small,
low-concentration spill is if PCS contamination of an indoor, residential surface oc-
curred. This type of solid surface would have to be wipe tested after cleanup and
shown to contain no greater than 10 ug/100 cm2 of residual PCS contamination. All
other solid surfaces could simply be double washed/rinsed with no wipe testing
required.
Q8 Is there a minimum depth requirement when excavating soil within the spill area?
A8 Due to the wide variety of ground media from one area of the country to another,
EPA has placed no specific depth requirement in the performance standard for
cleanup of small, low-concentration spills. Responsible parties should review each
spill on a case-by-case basis and excavate soil to a reasonable depth based upon
the type of soil and visible traces of spilled material.
Q9 The spill policy requires that the excavated area be restored to its original configura-
tion by back-filling the area with clean soil less than 1 ppm PCBs. Does back-fill soil
have to be tested for PCBs prior to being used?
A9 No. EPA does not require soil to be used for back-filling to be tested and proven less
than 1 ppm. Responsible parties should simply use soil which, to the best of their
knowledge, contains no PCS contamination.
Q10 Can cleanup of an untested mineral oil spill be delayed to first test the mineral oil and
determine if the spill is in fact 50 ppm or greater?
A10 Untested mineral oil which must be assumed to contain 50-499 ppm PCBs can be
tested to determine the actual PCS concentration. However, the PCB Spill Cleanup
Policy does not provide for additional "testing time" which would delay the final
cleanup of a small, low-concentration spill beyond the 48 hour requirement.
Q11 Are there any instances in which final cleanup of a small, low-concentration spill may
be delayed beyond 48 hours?
A11 Yes. Completion of cleanup may be delayed beyond 48 hours in case of circum-
stances including but not limited to: civil emergency, adverse weather conditions,
lack of access to the site, and emergency operating conditions. The occurrence of a
spill on a weekend or overtime costs are not acceptable reasons for delay.
RECORDKEEPING AND CERTIFICATION REQUIREMENTS:
At the completion of cleanup of a small, low-concentration spill, the re-
sponsible party or appropriate agent must document the cleanup with
records and certification of decontamination. The records and certification
must be maintained for a period of 5 years. The records and certification
must include the following:
(1) The source of the spill (e.g., type of equipment).
(2) The date and time the spill occurred (actual or estimated).
(3) The date and time cleanup, was completed or terminated.
(4) The nature and duration of delayed cleanup beyond the 48 hour
requirement.
(5) A brief description of the spill location.
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(6) Precleanup sampling data used to determine spill boundaries if there
were insufficient visible traces.
(7) A brief description of any solid surfaces which were double washed/
rinsed and the methods used.
(8) The approximate depth of soil excavation and the amount of soil
removed.
(9) A certified statement signed by the responsible party (e.g., facility
manager or foreman) stating that the cleanup requirements have been
met and that the information contained in the records is true to the
best of his/her knowledge.
II. LARGE. LOW-CONCENTRATION SPILLS
III. HIGH-CONCENTRATION SPILLS
The next two categories of PCB spills established in the PCB Spill Cleanup Policy are
large, low-concentration spills and high-concentration spills.
Large, low-concentration spills are spills of materials containing 50-499 ppm PCBs
and which involve more than 1 pound of PCBs by weight or more than 270 gallons of
untested mineral oil. These spills involve larger quantities of low-level PCBs and thus
present more widespread contamination and a greater risk of potential exposure to
humans.
High-concentration spills are spills of materials containing PCBs in concentrations
500 ppm or greater. These spills involve PCBs in higher level concentrations and
thus present a greater potential of residual contamination after spill cleanup and a
more significant risk of exposure to humans.
Because of the greater risk of potential exposure to humans from large, low-
concentration spills and high-concentration spills, EPA requires more stringent and
detailed numerical cleanup standards for these types of spills. Numerical cleanup
standards are based upon the spill location with the most stringent requirements
applied to PCBs spilled in residential/commercial/unrestricted access rural areas.
The spill policy allows for less-stringent numerical cleanup standards for PCBs
spilled in industrial and other restricted-access areas such as utility power plants.
And finally, the least stringent numerical cleanup standards apply to PCB spills in
outdoor electrical substations.
In order to simplify the PCB Spill Cleanup Policy to the extent possible, EPA has
structured the policy so that the cleanup, recordkeeping, and testing requirements
for "large, low-concentration spills" and "high-concentration spills" are identical. The
following'is a brief overview of these requirements based upon spill location. Re-
sponsible parties should refer to 40 CFR Part 761.125 for detailed requirements and
standards.
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IMMEDIATE REQUIREMENTS:
The following four actions must be taken as quickly as possible and within
no more than 24 hours (48 hours for PCB Transformers) after discovery of
the spill.
(1) Report the spill to the EPA Regional Office and the NRC if 10 pounds
or more of pure PCBs were spilled.
(2) Effectively cordon off and restrict access to the spill area plus a 3-foot
buffer, and place dearly visible signs advising persons to avoid the
area.
(3) Record and document the spill area noting the extent and center of all
visible traces. If there are no visible traces, contact the EPA Regional
Office for guidance in completing a statistical sampling of the spill
area to determine spill boundaries.
(4) Initiate cleanup of all visible traces on solid surfaces and initiate exca-
vation of any visibly contaminated soil.
Q12 Are there any instances in which the "immediate requirements" for large, low-
concentration and high-concentration spills may be delayed beyond 24 hours?
A12 Yes. The above immediate requirements (2), (3), and (4) may be delayed beyond 24
hours in case of circumstances including but not limited to: civil emergency, adverse
weather conditions, lack of access to the site, and emergency operating conditions.
The occurrence of a spill on a weekend or overtime costs are not acceptable rea-
sons for delay.
CLEANUP REQUIREMENTS - OUTDOOR ELECTRICAL SUBSTA-
TIONS:
(1) Contaminated solid surfaces must be cleaned to a level not exceeding
PCB concentrations of 100 ug/100 cm2.
(2) Contaminated soil must be excavated to 25 ppm PCBs, or to 50 ppm
PCBs provided that a notice is visibly placed in the area.
CLEANUP REQUIREMENTS - OTHER RESTRICTED ACCESS AREAS:
(1) Contaminated solid surfaces must be cleaned to either 10 ug/100 cm2
or 100 ug/100 cm2 depending upon whether the contaminated surface
is indoors or outdoors, high-contact or low-contact, impervious or
nonimpervious. Responsible parties should refer to 40 CFR Part
761.125 for a detailed description of final numerical cleanup stan-
dards.
(2) Contaminated soil must be excavated to 25 ppm PCBs.
CLEANUP REQUIREMENTS - NON-RESTRICTED ACCESS AREAS:
(1) Contaminated furnishings, toys, and other easily replaceable house-
hold items must be disposed of in accordance with disposal require-
ments under 40 CFR 761.60 and replaced by the responsible party.
(2) Contaminated solid surfaces must be cleaned to either 10 ug/100 cm2
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or 100 ug/100 cm2 depending on whether the contaminated surface is
indoors or outdoors, high-contact or low-contact, impervious or non-
impervious. Responsible parties should refer to 40 CFR Part 761.125
for a detailed description of final numerical cleanup standards.
(3) Contaminated soil must be excavated to 10 ppm PCBs provided the
soil is excavated to a minimum depth of 10 inches. The excavated soil
must be replaced with clean soil less than 1 ppm PCBs and the site
restored to its original configuration.
Q13 Does a "high-concentration" or "large, low-concentration" spill in a non-restricted
access area always require excavating the contaminated soil to a minimum depth of
10 inches?
A13 No. Excavation of the soil may be terminated before reaching a 10 inch depth
provided there are no detectible PCBs at the level of termination (i.e., less than 1
ppm). In other words, excavation must continue until: (1) there are no detectible
PCBs at the level of termination, or (2) there is not greater than 10 ppm contamina-
tion at a minimum 10 inch depth, or (3) excavation must continue beyond 10 inch
depth if necessary to achieve the minimum 10 ppm cleanup standard.
Q14 Is there a minimum quantity level for required cleanup of a "high-concentration" PCB
spill?
A14 No. High-concentration spills (500 ppm or greater) must be cleaned up in accor-
dance with the PCB Spill Cleanup Policy regardless of the quantity spilled. Even
spills from small, unregulated items such as PCB small capacitors are considered
improper disposal and should be cleaned up in accordance with the spill policy.
Q15 Is there a time limit on the final cleanup of "large, low-concentration" and "high-
concentration" spills?
A15 Although the spill policy requires certain "immediate" actions, as described above,
EPA has not placed a time limit on completion of cleanup since the time required will
vary from case to case. However, EPA expects cleanup to be achieved promptly in
all cases and will consider the promptness of completion in determining whether a
responsible party made good faith efforts to dean up in accordance with the policy.
RECORDKEEPING REQUIREMENTS:
At the completion of cleanup of a large, low-concentration or high-
concentration spill, the responsible party or appropriate agent must docu-
ment the cleanup with records of decontamination. These records must be
maintained for a period of 5 years. The records must include the following:
(1) The source of the spill (e.g., type of equipment).
(2) The date and time the spill occurred (actual or estimated).
(3) The date and time cleanup was completed or terminated.
(4) The nature and duration of any delayed cleanup.
(5) A brief description of the spill location.
(6) Precleanup sampling data used to determine spill boundaries if there
were insufficient visible traces.
(7) A brief description of any solid surfaces cleaned.
(8) The approximate depth of soil excavation and the amount of soil
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removed.
(9) Postcleanup verification sampling data (test results).
SAMPLING/TESTING REQUIREMENTS:
Under the PCB spill policy requirements for large, low-concentration and
high-concentration spills, responsible parties are required to conduct
postcleanup sampling to verify the level of cleanup. The responsible party,
or designated agent, may use any statistically valid, reproducible, sam-
pling scheme (either random samples or grid samples), provided the fol-
lowing requirements are satisfied:
(1) The sampling area is the greater of: (a) an area equal to the area
cleaned plus an additional 1-foot boundary, or (b) an area 20 percent
larger than the original area of contamination.
(2) The sampling scheme must ensure 95 percent confidence against
false positives.
(3) The number of samples must be sufficient to ensure that areas of
contamination of a radius of 2 feet or more within the sampling area
will be detected, except that the minimum number of samples is 3 and
the maximum number of samples is 40.
(4) The sampling scheme must include calculation for expected variability
due to analytical error.
IV. EXCLUDED SPILLS
As discussed earlier, certain PCB spills which occur in areas of higher potential risk
and exposure to humans are specifically excluded from the spill policy. For each of
the following spill situations, the responsible party must contact the appropriate
Regional EPA Office of Toxics and Pesticides within 24 hours of discovery of the
spill. The EPA Regional Office will establish cleanup standards and requirements for
the "excluded" spills on a case-by-case basis. The following six spill situations are
"excluded spills" and are not included in the cleanup, recordkeeping, and sampling
requirements of the PCB Spill Cleanup Policy.
Spills that result in the direct contamination of surface waters.
Spills that result in the direct contamination of sewers or sewage treatment
plants.
Spills that result in the direct contamination of any private or public drink-
ing water sources or distribution systems.
Spills which migrate to and contaminate surface waters, sewers, or drink-
ing water supplies before cleanup has been completed in accordance with
the policy.
Spills that contaminate animal grazing lands.
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Spills that contaminate vegetable gardens.
Q16 Are commercial farming crop lands included in the definition of "vegetable gardens"?
Also, are residential gardens included in the definition?
A16 Generally yes. EPA performed some preliminary analysis of the risks posed by the
consumption of vegetables grown on a spill area cleaned to 25 ppm PCBs in the
case of farmland and 10 ppm in the case of residential gardens. Assuming that
vegetables grown on a residential garden or farm are the entire vegetable diet of the
site residents, cleaning soil to the levels in the policy may not be adequate. Also,
EPA has concluded that vegetables are more likely to become contaminated through
contact with contaminated dirt rather than plant uptake, especially root crops such
as carrots and potatoes.
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- PCB FIRE-RELATED REQUIREMENTS -
In the August 25,1982 "Electrical Equipment Use Rule," EPA authorized the contin-
ued use of all non-railroad transformers containing or contaminated with RGBs for
the remainder of their useful lives. The only exceptions were PCB Transformers (500
ppm or greater) which could not be located in a "food or feed" area after October 1,
1985. In making its August 1982 decision, EPA determined that authorizing the use
of transformers containing PCBs for the remainder of their useful lives did not pres-
ent an unreasonable risk to public health or the environment In evaluating the risks
posed by the continued use of transformers containing PCBs, EPA considered the
principal route of release and exposure to PCBs to result from leaks and spills from
this equipment. However, since that time, EPA has learned that fires involving trans-
formers can also be significantly responsible for the release of PCBs, and that PCBs
released from transformers in a fire situation can be volatized and converted into
materials which are many times more toxic than PCBs.
Originally, EPA believed that PCB Transformer fires were very rare and isolated
events. Thus, EPA did not directly consider the public health and environmental risk
posed by fire-related events until after the 1982 "Electrical Equipment Use Rule" when
additional information came to EPA's attention indicating that PCB Transformer fires
may occur more frequently than previously expected, and that transformer fire-
related hazards are not restricted solely to transformers located inside buildings.
In an attempt to reduce fire-related risks posed by the use of PCB Transformers, EPA
issued a final rule published in the Federal Register of July 17,1985 (50 FR 29170)
which is referred to as the "PCB Transformer Fires Rule." In addition to the existing
use and servicing regulations for PCB Transformers, this 1985 rule further regulated
the use of PCB Transformers. Among other provisions, the rule specifically:
prohibited the use of higher secondary voltage network PCB Transform-
ers, located in or near a commercial building, after October 1,1990;
prohibited the further installation of PCB Transformers in or near a com-
mercial building;
required, as of October 1,1990, the enhanced electrical protection of all
radial and lower secondary voltage network PCB Transformers, located in
or near a commercial building;
required the registration of all PCB Transformers with the Fire Department
having primary jurisdiction by December 1,1985;
required the registration of any PCB Transformers located within 30 meters
(roughly 100 feet) of a commercial building to be registered with the build-
ing owner;
required the marking of the means of access (vault door, fence, hallway,
etc.) to a PCB Transformer with the mark ML (PCB label);
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required the removal of all combustible materials stored within 5 meters
(roughly 15 feet) of a PCB Transformer; and,
required immediate notification of the National Response Center (NRC) in
the event of a PCB Transformer fire-related incident.
Shortly after the promulgation of the 1985 "PCB Transformer Fires Rule," Mississippi
Power Company filed a petition for review of the rule. After reviewing new information
submitted by Mississippi Power and others, and considering their requests for
amendments to the "PCB Transformer Fires Rule," EPA determined that the issues
raised warranted further Agency consideration and subsequently, in the Federal
Register of Jury 1 9, 1 988, EPA promulgated final amendments to the original 1 985
"PCB Transformer Fires Rule." These amendments included:
INSTALLATION OF PCB TRANSFORMERS:
The "PCB Transformer Fires Rule" banned the installation of PCB Trans-
formers in or near commercial buildings after October 1 , 1985. EPA has
amended the 1 985 rule to allow the installation of a PCB Transformer
under "emergency situations" as described in 761.30(a)(1)(iii)(B); and, in-
stallation for purposes of redassification as described in
ENHANCED ELECTRICAL PROTECTION:
The "PCB Transformer Fires Rule" required installation of enhanced electri-
cal protection on ail radial and lower secondary voltage network PCB
Transformers, located in or near a commercial building, by October 1 ,
1990. EPA has amended the 1985 rule by allowing the use of non-sidewalk
vault, lower secondary voltage network PCB Transformers in or near com-
mercial buildings without enhanced electrical protection until October 1 ,
1993, provided EPA is notified as of October 1 , 1990.
PHASEOUT OF LOWER SECONDARY VOLTAGE NETWORK PCB
TRANSFORMERS IN SIDEWALK VAULTS:
The 1985 fires rule prohibited the use of all network PCB Transformers with
higher secondary voltages, in or near a commercial building, after October
1, 1990. EPA added to this original phaseout requirement in the 1988 final
amendments by also requiring that all lower secondary voltage network
PCB Transformers, located in sidewalk vaults, be removed from service by
October 1, 1993.
DISCOVERY OF A PCB TRANSFORMER:
In the event a mineral oil transformer, assumed to contain less than 500
ppm PCBs as provided in 761 .3, is tested and found to be contaminated at
500 ppm or greater, it will be subject to all of the requirements for "PCB
Transformers." In addition, efforts must be initiated immediately to bring
the transformer into compliance. The following is a partial listing of compli-
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ance requirements for newly discovered PCB Transformers:
(1) Mark/label the PCB Transformer within 7 days after discovery.
(2) Mark/label the means of access to the PCB Transformer within 7 days
after discovery.
(3) Register the PCB Transformer with fire response personnel and with
the commercial building owner (if within 30 meters), within 30 days of
discovery.
Note: Responsible parties should refer to 40 CFR Part 761.30 for detailed
requirements.
Q1 Are single family residential homes considered "commercial buildings"?
A1 Commercial buildings are described in the regulations as including residential prop-
erties. However, in promulgating the 1985 fires rule, EPA was concerned with resi-
dential properties where groups of people live and reside (e.g., apartments, hotels,
dormitories). Consequently, EPA is clarifying that the term "residential properties" as
used in the definition of "commercial building" does not include single family residen-
tial homes.
Q2 Is it allowable to send PCB Transformer registration letters to building managers
instead of the owners if there are multiple owners?
A2 Yes. Registration of PCB Transformers with the property manager is acceptable
when there are multiple owners (e.g., condominiums).
Q3 Could you please clarify the term "combustible materials" and their prohibited stor-
age within "5 meters" of a PCB Transformer as referenced in the PCB Transformer
Rres Rule?
A3 Although EPA did not specifically define "combustible materials," examples were set
forth in the regulation to help in understanding what EPA meant by "combustible
material" (see 50 FR 29200). These combustible materials include, but are not limited
to, paints, solvents, plastics, paper and sawn wood. EPA's intent in promulgating this
rule was to prevent the storage of materials near a PCB Transformer that would start
or feed a fire.
The regulation, at 50 FR 29200, specifically requires that combustible material not be
stored within a PCB Transformer enclosure, or within 5 meters of a transformer
enclosure, or if unenclosed (unpartitioned), within 5 meters of a PCB Transformer.
Wood walls, platforms and other integral building structures, even if considered
combustible, do not constitute "stored" materials. Any item "in use" cannot be consid-
ered a stored item within the purview of the rule. EPA's intent in promulgating this
requirement was to reduce the risk of fire by mandating that combustible materials
stored near transformers be moved to other locations. Wood walls, platforms, and
other integral building structures, if they are not "stored" items, do not fall within the
purview of the stored combustible rule.
The 5 meter distance requirement does not apply where combustible materials are in
a storage room adjacent to a PCB Transformer vault if the common wall between the
storage room and vault is constructed in a manner which would effectively reduce
the risk of the stored combustible starting or feeding a fire. The purpose of the "5
meter requirement" is to provide an adequate distance between a PCB Transformer
and stored combustible materials, thus reducing the potential for these materials to
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ignite in the event of an electrical fault or transformer fire, or prevent a fire external to
the transformer from involving the transformer. EPA recognizes that equivalent levels
of protection can be provided by other means including separating a PCB Trans-
former from stored combustibles by a barrier or enclosure that would contain a fire
until ft could be extinguished or until the transformer could be deenergized. Six-inch
thick reinforced concrete is a typical 3-hour fire resistant construction, as specified in
ASTM Standard E119-75; Fire Tests of Building Construction and Materials, NFPA
251-1972; and Methods of Fire Tests of Building Construction and Materials, ANSI
A2.1-1972, For PCB Transformer fires, EPA believes that a 2-3 hour fire-rated wall or
enclosure constructed of non-combustible materials, such as concrete, separating a
PCB Transformer from stored combustibles would present an adequate barrier to
fire. If the wall can accomplish this purpose, the 5 meter rule does not apply.
The 5 meter distance requirement, although not specified in the regulation, applies
not only to horizontal distances, but to vertical distances as well, unless the vertical
distance is separated by a continuous, permanent ceiling or floor. EPA did not intend
that a 5 meter distance be measured through separate and distinct rooms located
above or below the transformer.
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- RECORDKEEPING AND REPORTING
EPA finalized specific recordkeeping and reporting regulations with the promulgation
of the "PCS Ban Rule" in 1979. These regulations outlined the various records and
reports which owners, storers, and disposers of PCBs and PCB Items were required
to develop and maintain. The recordkeeping requirements for PCBs have remained
virtually unchanged since 1979. However, year after year, "improper recordkeeping"
continues to be the single most frequent area of non-compliance in each of the ten
EPA regions across the country. The following is a brief overview of the recordkeep-
ing and reporting requirements for PCBs and PCB Items. Responsible parties are
encouraged to refer to 40 CFR Part 761.180 for a detailed outline of 'Records and
Reports" regulations.
I. OWNERS/USERS OF PCBs AND PCB ITEMS
Beginning July 2,1978, each owner or operator of a facility using or storing at one
time any of the following quantities of PCBs and/or PCB Items is required to develop
and maintain records on the PCBs and PCB Items. The quantity limits are:
45 kilograms (99.4 pounds) or more of PCBs (50 ppm or greater) con-
tained in PCB Containers, or
one or more PCB Transformers (500 ppm or greater), or
50 or more PCB large high or low voltage capacitors.
If any of these three quantity limits is met or exceeded, the owner or operator of the
facility must maintain "Disposal Records" for the PCBs and PCB Items, as well as
develop and prepare an "Annual Document" each calendar year until the facility
ceases using, storing, and disposing of PCBs and PCB Items. "Disposal Records"
and "Annual Documents" must be maintained for at least five years after that time.
An "Annual Document" summarizes PCBs and PCB Items which were "removed from
service for disposal" during the previous calendar year as well as PCBs and PCB
Items "remaining in service" (including stored for reuse) at the end of the calendar
year. Facilities have until Jury 1 of the following year to complete the Annual Docu-
ment Owners or operators with one or more facilities that use or store PCBs and
PCB Items in the quantities listed above may maintain the Disposal Records and
Annual Documents at one of the facilities that is normally occupied for 8 hours a day,
provided the identity of the facility is available at each facility using or storing PCBs
and PCB Items. The following information for each facility shall be included in the
Annual Document:
The dates when PCBs and PCB Items were removed from service for
disposal, were placed into storage for disposal, and were placed into
transport for disposal.
The total weight in kilograms of any PCBs and PCB Items which were
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placed into PCB Containers for disposal.
The identification of PCB Container contents (e.g., liquids, solids, leaking
capacitors) which were removed from service for disposal.
The total number of PCB Transformers (500 ppm or greater) which were
removed from service for disposal, and the total weight in kilograms of the
PCBs contained in the transformers.
The total number of PCB large high or low voltage capacitors which were
removed from service for disposal.
The location of the initial disposal or storage for disposal facility and the
name of the owner/operator of the facility.
The total weight in kilograms of any PCBs and PCB Items which are
placed into PCB Containers for reuse (remaining in service).
The identification of PCB Container contents (e.g., servicing liquids, leak-
ing transformers to be repaired, etc.) which were stored for reuse (remain-
ing in service).
The total number of PCB Transformers (500 ppm or greater) which were
remaining in service (including stored for reuse), and the total weight in
kilograms of the PCBs contained in the transformers.
The total number of PCB large high or low voltage capacitors which were
remaining in service (including stored for reuse).
Q1 Are PCB Disposal Records and Annual Documents required to be sent in to EPA?
A1 No. Unless legally requested otherwise, a facilities' PCB records should be main-
tained in-house and available for inspection by authorized EPA personnel.
Q2 Is a facility required to obtain a "Certificate of Disposal" for each shipment of PCBs
for disposal?
A2 "Certificates of Disposal" are an industry developed document normally used by PCB
brokers and disposal companies to ensure their customers that final disposal has, in
fact, taken place. Certifications of these types are not required by regulation but can,
in many instances, help a facility maintain tracking of their PCB waste stream. Also,
in the case of utilizing a chemical waste landfill as a legitimate disposal option for
certain PCB Items, a "Certificate of Disposal" would be inappropriate since the PCBs
have not actually been destroyed (disposed) but are instead involved in EPA ap-
proved long-term storage.
Q3 Isn't an Annual Document supposed to report activity from July 1 to July 1 the
following year?
A3 No. An Annual Document should summarize activity which took place the previous
calendar year (January 1 - December 31). The regulations allow a six month grace
period to July 1 before the previous year's Annual Document is considered past due.
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Q4 Our facility is past due on several years of Annual Documents. Is it illegal to go back
now and develop these required reports?
A4 If a facility has accurate past records and information, it is advisable to prepare ail
required Annual Documents, even those that are currently delinquent. A facility com-
piling such reports may receive an EPA penalty for completing Annual Documents
after the allowed 6-month grace period, but a penalty such as this would more than
likely compare minor to not having completed the required reports at all.
Q5 Our facility has had a lot of trouble converting PCB capacitor weights to kilograms as
there is very little nameplate information indicating how many pounds the capacitor
weighs. Is there a simple solution to this problem?
AS PCB capacitors do not have to be weighed and converted to kilograms on the
Annual Document. Only the total number of PCB large capacitors which were re-
moved from service for disposal or are remaining in service at the end of the calen-
dar year are required to be listed on the Annual Document. Only when leaking PCB
capacitors are placed into a PCB Container (e.g. drum) must the container and its
contents be weighed, identified, and converted to kilograms.
Q6 What exactly does the term "removed from service" mean?
A6 Unfortunately, the term "removed from service," as used in the regulations, has often
been misinterpreted by those in the regulated community. Particularly in the case of
electric utilities where the term has been used for years in conjunction with a trans-
former or other piece of electrical equipment being "changed our and/or "brought in
from the field." Many times these types of "change outs" involve electrical equipment
that is in sound functional condition (intact & nonleaking) and is simply placed back
into "stock* (storage for reuse) to be reused on an as-needed basis. In other in-
stances, equipment is "changed-out" which is in need of and will receive repair work
before going back into "stock" for future use. In either case, this is not what EPA
means when referring to an item being "removed from service." "Removed from
service," when used in the context of the regulations, specifically refers to an item
that has been designated for the end of its useful life or, in other words, "removed
from service for disposal." On the other hand, electrical equipment which is legally
stored for reuse, or stored for repair by authorized servicing, is just as much "remain-
ing in service" as a unit in the field operating under loaded conditions. In fact, once a
PCB Item (50 ppm or greater) has been "removed from service," EPA does not allow
that unit to be placed back into service including repaired, rebuilt or sold for reuse.
Other PCB Records: In addition to "Disposal Records" and "Annual Documents,"
owners or operators of facilities using or storing PCBs and PCB Items are required to
maintain the following records and reports when applicable:
PCB Transformer Inspections (Quarterly and/or Yearly)
PCB Transformer Registrations (Fire Departments and Building Owners)
PCB Storage Inspections (Monthly and/or Weekly)
PCB Container/Drum/Bulk Tank Identification Logs
PCB Spill Reports (See "PCB Spill Cleanup Policy")
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PCB Test/Sampling Data (See "PCB Spill Cleanup Policy")
Data on PCB Transformers installed for either emergency or reclassifica-
tion purposes
ป. DISPOSAL AND COMMERCIAL STORAGE FACILITIES
Beginning July 2,1978, each owner or operator of a facility (including high efficiency
boiler operations) used for the commercial storage or disposal of PCBs and PCB
Items is required to prepare and maintain an Annual Document that includes the
following information:
The date when any PCBs and PCB Items were received by the facility
during the previous calendar year for storage for disposal.
The identification of the facility and the owner or operator of the facility
from whom the PCBs were received.
The date when any PCBs and PCB Items were disposed of at the facility or
transferred to another disposal or storage facility, including the identifica-
tion of the specific types of PCBs and PCB Items that were stored or
disposed of.
A summary of the total weight in kilograms of PCBs and PCB Articles in
containers and the total weight of PCBs contained in PCB Transformers
that have been handled at the facility during the previous calendar year.
This summary shall provide totals of the above PCBs and PCB Items which
have been: (1) received during the year; (2) transferred to other facilities
during the year; and (3) retained at the facility at the end of the year.
The contents of PCB Containers shall be identified. When PCB Containers
and PCBs contained in a transformer are transferred to other storage or
disposal facilities, the identification of the facility to which such PCBs and
PCB Items were transferred shall be included in the document.
The total number of any PCB Articles or PCB Equipment not in PCB
Containers received during the calendar year, transferred to other storage
or disposal .facilities during the calendar year, or remaining on the facility
site at the end of the calendar year shall be included.
The identification of the specific types of PCB Articles and PCB Equipment
received, transferred, or remaining on the facility site shall be indicated.
When PCB Articles and PCB Equipment are transferred to other storage or
disposal facilities, the identification of the facility to which the PCB Articles
and PCB Equipment were transferred must be included.
Q7 Do the above Annual Document requirements for a PCB storage facility apply to an
electric utility which has set up a PCB storage facility for their own PCBs and PCB
XVI-4
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Items?
A7 No. An electric utility which has set up a PCB storage facility for their own RGBs and
PCB Items is oniy required to prepare an Annual Document under the criteria out-
lined for owners and users of RGBs at 761.180(a). The recordkeeping requirements
for disposal and storage facilities outlined under 761.180(b) do not apply to electric
utilities or others who are simply storing their own RGBs.
The above Annual Documents must be completed for each calendar year until the
facility is no longer used for the storage or disposal of RGBs and PCB Items. All
Annual Documents must be maintained at the facility for at least 5 years after that
time, except in the case of chemical waste landfills, the Annual Documents must be
maintained at least 20 years after the chemical waste landfill is no longer used for the
disposal of RGBs and PCB Items.
If a facility ceases to be used for PCB storage or disposal, the owner or operator of
the facility shall notify within 60 days the EPA Regional Administrator of the region in
which the facility is located that the facility has ceased storage or disposal opera-
tions. The notice shall specify where the Annual Documents are located.
III. INCINERATION FACILITIES
In addition to the required Annual Document which must be prepared by all PCB
disposal facilities, each owner or operator of a PCB incinerator facility shall also
collect and maintain the following information:
When PCB are being incinerated, the following continuous and short-
interval data:
(1) the rate and quantity of PCBs fed to the combusion system as re-
quired in 761.70(a)(3);
(2) the temperature of the combustion process as required in
761.70(a)(4);and
(3) the stack emission product to include O2, CO, and CO2 as required in
761.70(a)(7).
When PCBs are being incinerated, data and records on the monitoring of
stack emissions as required in 761.70(a)(b).
The total weight in kilograms of any solid residues generated by the incin-
eration of PCBs and PCB Items during the calendar year.
The total weight in kilograms of any solid residues disposed of by the
facility in chemical waste landfills during the calendar year.
The total weight in kilograms of any solid residues remaining on the facility
site.
When PCBs and PCB Items are being incinerated, additional periodic data
shall be collected and maintained as specified by the Regional Administra-
tor pursuant to 761.70(d)(4).
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Upon any suspension of the operation of any incinerator pursuant to
761.70(a)(8), the owner or operator of such an incinerator shall prepare a
document. This document shall, at a minimum, include the date and time
of the suspension and an explanation of the circumstances causing the
suspension of operation. The document shall be sent to the appropriate
Regional Administrator within 30 days of any such suspension.
PCB incinerator facilities must collect and maintain the above information for a period
of at least 5 years from the date the information was collected.
IV. CHEMICAL WASTE LANDFILL FACILITIES
In addition to the required Annual Document which must be prepared by all PCB
disposal facilities, each owner or operator of a chemical waste landfill facility shall
also collect and maintain the following information:
Any water analysis obtained in compliance with 761,75(b)(6)(iii); and
Any operations records including burial coordinates of wastes obtained in
compliance with 761.75(b)(8)(H).
Chemical waste landfill facilities must collect and maintain the above information until
at least 20 years after the chemical waste landfill is no longer used for the disposal of
PCBs and PCB Items.
V. HIGH EFFICIENCY BOILER FACILITIES
In addition to the required Annual Document which must be prepared by all PCB
disposal facilities, each owner or operator of a high efficiency boiler used for the
disposal of liquids containing between 50 and 500 ppm PCBs shall also collect and
maintain the following information:
For each month PCBs are burned in the boiler, the carbon monoxide and
excess oxygen data required in 761,60(a)(2)(iii)(A)(8) and
The quantity of PCBs burned each month as required in
761 .60(a)(2)fiii)(A)(7) and 761 .60(a)(3)(iii)(A)(7).
For each month PCBs (other than mineral oil dielectric fluid) are burned,
the chemical analysis data of the waste as required in
Hiqh efficiency boiler facilities used for the disposal of liquids containing between 50
and 500 ppm PCBs must collect and maintain the above information for a penod of
at least 5 years from the date the information was collected.
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SPECIAL RECORDKEEPING REQUIREMENTS
In addition to the Annual Documents and other records outlined in Units II through V
above, each owner or operator of a PCS storage or disposal facility (including high
efficiency boiler operations) shall collect and maintain the following information:
All documents, correspondence, and data that have been provided to the
owner or operator of the facility by any state or local government agency
and that pertain to the storage or disposal of PCBs and PCS Items at the
facility.
All documents, correspondence, and data that have been provided by the
owner or operator of the facility to any state or local government agency
and that pertain to the storage or disposal of PCBs and PCB Items at the
facility.
Any applications and related correspondence sent by the owner or opera-
tor of the facility to any local, state, or federal authorities in regard to waste
water discharge permits, solid waste permits, or other permits or authoriza-
tions such as those required by 761.70(d) and 761.75(c).
Each owner or operator of a PCB storage or disposal facility must collect and
maintain these special records for a period of at least 5 years after the facility is no
longer used for the storage or disposal of PCBs and PCB Items except that in the
case of chemical waste landfills, the special records must be maintained at least 20
years after the landfill is no longer used for the disposal of PCBs and PCB Items.
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PCB TESTING PROCEDURES -
OIL-FILLED ELECTRICAL EQUIPMENT
The PCB regulations under TSCA do not require electrical equipment containing
mineral oil dielectric fluid to be tested for PCB contamination. Instead, EPA allows
the continued use and storage for reuse of untested mineral oil electrical equipment
provided the equipment is intact and non-leaking, and provided the equipment is
used in compliance with all applicable "assumption" requirements. However, owners
or operators of mineral oil dielectric fluid electrical equipment may use the following
procedures to determine the concentration of PCBs in the dielectric fluid:
Dielectric fluid removed from mineral oil dielectric fluid electrical equipment
may be collected in a common container, provided that no other chemical
substances or mixtures are added to the container. This common con-
tainer option does not permit dilution of the collected oil. Mineral oil that is
assumed or known to contain at least 50 ppm PCBs must not be mixed
with mineral oil that is known or assumed to contain less than 50 ppm
PCBs to reduce the concentration of PCBs in the common container. If
dielectric fluid from untested oil-filled circuit breakers, reclosures, or cable
is collected in a common container with dielectric fluid from other oil-filled
electrical equipment, the entire contents of the container must be treated
as PCBs at a concentration of at least 50 ppm, unless all of the fluid from
the other oil-filled electrical equipment has been tested and shown to
contain less than 50 ppm PCBs.
For purposes of complying with the marking and disposal requirements,
representative samples may be taken from either the common containers
or the individual electrical equipment to determine PCB concentration.
Except, that if any PCBs at a concentration of 500 ppm or greater have
been added to the container or equipment then the total contents must be
considered as having a PCB concentration of 500 ppm or greater for
purposes of complying with the disposal requirements at 761.60. Repre-
sentative samples are either samples taken in accordance with the Ameri-
can Society of Testing and Materials (ASTM) method D-923-81, or samples
taken from a container that has been thoroughly mixed in a manner such
that any PCBs in the container are uniformly distributed throughout the
liquid in the container.
Q1 Can a facility utilize "screen tests" to prove that mineral oil dielectric fluid electrical
equipment is not contaminated with PCBs?
A1 EPA currently finds gas chromatography to be the minimum acceptable method for
determining the concentraiton and nature of PCBs in oils. EPA does not approve of,
sanction, or certify the use of any field screening kits which use total chlorine or total
chloride ion detection methods. Total chlorine analysis is not as specific as gas
chromatography for determination of PCB content (i.e., it cannot distinquish between
PCB and other chlorine containing compounds). Since PCB-containing materials
frequently contain chlorine from sources other than PCBs (e.g., trichlorobenzenes),
test data obtained by total chlorine analysis are not as reliable for PCB quantitation
XVII -1
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as gas chromatography. Therefore, EPA will not accept total chlorine analysis data
as proof that a company has satisfied any of the testing requirements, or achieved
any of the concentration levels found in the PCB regulations. There is no prohibition
on the use of total chlorine analysis as a rough field screening device to determine
whether further testing is needed. However, the Agency finds gas chromotography to
be the minimum acceptable method for ascertaining the level of PCBs in oils.
WASTE OIL
Owners or users of waste oil may use the following procedures to determine the PCB
concentration of waste oil:
Waste oil from more than one source may be collected in a common
container, provided that no other chemical substances or mixtures, such
as non-waste oils, are added to the container.
For purposes of complying with the marking and disposal requirements,
representative samples may be taken from either the common container or
individual containers to determine the PCB concentration. Except, that if
any PCBs at a concentration of 500 ppm or greater have been added to
the container then the total container contents must be considered as
having a PCB concentration of 500 ppm or greater for purposes of com-
plying with the disposal requirements at 761.60. Representative samples
are either samples taken in accordance with the American Society of
Testing and Materials (ASTM) method D-923-81, or samples taken from a
container that has been thoroughly mixed in a manner such that any PCBs
in the container are uniformly distributed throughout tine liquid in the con-
tainer.
PCB SPILLS
See the chapter on "PCB Spill Cleanup Policy" for a detailed discussion of proper
sampling/testing methods for PCB spills.
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- IMPORT AND EXPORT -
EPA has generally established a "closed border policy which went into effect May 1,
1980, pertaining to the importing and exporting of PCBs and PCB Items. In the
Federal Register of May 31,1979, EPA recognized that PCB contamination is a
global problem, and that PCBs used outside the United States can cause PCB
contamination of this country due to the extreme persistence of the substance and
the ease with which it is transported. Consequently, the Agency concluded in 1979
that the distribution in commerce of PCBs for export constitutes an unreasonable risk
to health and the environment in the United States. However, certain activities involv-
ing the import and export of PCBs have been specifically exempted from the regula-
tory prohibitions on distribution in commerce (import and export) of PCBs. These
exemptions are:
Persons who import or export products containing PCBs generated as
unintentional impurities in "excluded manufacturing processes" as defined
in 761.3, are exempt from the distribution in commerce prohibitions pro-
vided that such persons comply with the records and certification require-
ments at 761.185, 761.187, and 761.193.
Persons who import or export products containing "recycled PCBs" as
defined in 761.3, are exempt from the distribution in commerce prohibi-
tions provided that such persons comply with the records and certification
requirements at 761.185, 761.187, and 761.193.
Persons who import or export products containing "Excluded PCB Prod-
ucts" as defined in 761.3 are exempt from the distribution in commerce
prohibitions.
Persons who import or export products that were contaminated with PCBs
because of a spill from, or proximity to, a PCB Item 50 ppm or greater, and
which have been decontaminated in accordance with applicable EPA spill
cleanup policies, are exempt from the distribution in commerce prohibi-
tions.
Q1 Can PCB and/or PCB-contaminated transformers and capacitors be exported for
reuse under the provisions of 761.20(c)?
A1 An EPA exemption is required to export transformers and/or capacitors with PCB
concentrations 50 ppm or greater. (See the Federal Register of July 10,1984, page
28167, for what must be demonstrated in order to receive such an exemption.)
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