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November 2005
Polychlorinated Biphenyl (PCS) Site Revitalization Guidance
Under the Toxic Substances Control Act (TSCA)
This policy addresses cleanup and disposal requirements for polychlorinated biphenyls
(PCBs) only. This document is intended to be used as an informal reference, and as such, is
not a complete statement of all of the applicable PCB requirements. This document does not
replace nor supplant the requirements of the Toxic Substances Control Act (TSCA) PCB
regulations. Please refer to the regulations at 40 CFR Part 761 for specific regulatory and
legal requirements.
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TABLE OF CONTENTS
Page
Executive Summary iv
Introduction 1
Background 1
I. Overview of TSCA's Waste Management Approach for PCB Wastes 2
II. What are the Appropriate Cleanup Levels for Self-Implementing Cleanups? 3
A. PCB Cleanup Levels for High Occupancy Areas 5
B. PCB Cleanup Levels for Low Occupancy Areas 8
C. Cleanup Levels for Liquid PCBs 11
D. Post-cleanup Sampling and Deed Restriction Requirements 12
(1) Sampling and Analysis 12
(2) Deed Restriction Requirements 13
III. Cleanup Levels for Other Re-Use Scenarios 14
A. Example of Risk-Based PCB Cleanup Levels for an Industrial Area 15
B. Additional Cleanup Examples 17
IV. What are the Appropriate Disposal Requirements? 24
A. Disposal Requirements for PCB Remediation Wastes 24
B. Disposal Requirements for Other PCB Wastes 25
C. Other Applicable Requirements in the TSCA PCB Regulations 26
V. Notification and Review 27
VI. Consultation with USEPA Regional PCB Coordinators and State Officials 28
VII. Typical and Worst Case Scenarios for the Management of PCB Wastes 31
A. Typical Cleanup Situation & Applicable Responses 31
B. Worst Case Cleanup Scenario 37
C. PCB Contamination and Reuse Scenarios 37
Figure 1: PCB ML Mark 7
Tables
1. Post-Cleanup Sampling Procedures & Deed Restriction Requirements 14
2. TSCA PCB Waste Management Options 22
n
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TABLE OF CONTENTS
Page
Tables (continued)
3. Disposal Options for PCB Remediation Waste 25
4. Other PCB Wastes 26
5. Other Applicable Requirements in the TSCA PCB Regulations 27
6. Notification and Review for PCB Waste Management Option 28
7. PCB Contamination and Reuse Scenarios 39
Appendices
A. Region 1 EPA-New England Draft Standard Operating Procedure for
Sampling Concrete in the Field
B. Excerpts from the Self-implementing Provisions of the PCB Regulations
At 40 CFR Part 761 for PCB Waste Cleanup and Disposal
in
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EXECUTIVE SUMMARY
This document was developed as a guide for complying with the Toxic Substances Control
Act (TSCA) regulations for the cleanup and disposal of polychlorinated biphenyl (PCB)
contamination. The purpose of the document is to provide assistance in navigating the TSCA PCB
regulations in Title 40 of the Code of Federal Regulations at Part 761 (40 CFR Part 761).1 The
primary focus of this guidance is the PCB Remediation Waste provision at 40 CFR 761.61 which
governs the management of PCB waste generated as the result of PCB spills and associated cleanup
activities (e.g., contaminated environmental media, rags, debris). Additional PCB requirements that
may apply also are mentioned.
This document may be useful to Brownfields grant recipients and other individuals involved in
PCB cleanups under TSCA. The document discusses the factors that must be taken into consideration
when determining appropriate cleanup levels (e.g., intended use and type of PCB waste). Prescriptive
procedures on how to achieve the cleanup levels however are generally not addressed. The
requirements for verifying that the cleanup standard has been met and for establishing deed
restrictions (where necessary), and the options available for disposing of PCB wastes are discussed.
In addition, other relevant TSCA PCB requirements, such as caps, waste storage, marking,
manifesting, and recordkeeping requirements, are mentioned. All PCB concentrations are based on
total PCBs, rather than individual PCB Aroclors.2
Examples are provided on how the "typical" and "worst case" PCB waste cleanup situations
may be addressed. Additional examples in the form of a matrix on various PCB contamination and
reuse scenarios and applicable TSCA PCB requirements are provided at the end of the document (see
Table 7). Finally, the appendices offer guidance on sampling concrete in the field (Appendix A) and
excerpts of relevant self-implementing provisions of the PCB regulations for the cleanup and disposal
of PCB waste (Appendix B). Appendix A is not a substitute for Subpart O of Part 761 where the
regulations require compliance with Subpart O. The cleanup and reuse of property previously
contaminated with PCBs may vary widely and will be specific to each site. Therefore, this document
is not intended to provide the answer to every question that could surface during the remediation of
the site. The reader is encouraged to consult the statute, regulations and the Regional PCB
Coordinator whenever questions concerning acceptable remediation practices arise.
This document does not replace or supplant the requirements of the TSCA PCB regulations.
Use of this document does not establish a presumption against enforcement should violations of the
cleanup and disposal requirements or the PCB use authorizations be discovered. Please refer to the
regulations at 40 CFR Part 761 for specific regulatory and legal requirements. The entire text'of the
Code of Federal Regulations for 40 CFR Part 761 can be found on the U.S. Government Printing
Office's website at www.gpQ.gov, under "Legislative Resources" and on the PCB website at
www.epa.gov/pcb under "Laws and Regulations." Additional assistance on the
1 Unless otherwise provided, the terms and abbreviations used herein have the meanings
as defined in the PCB regulations at 40 CFR §761.3.
2 See the definition of PCBs in 40 CFR §761.3 and "Response to Comments Document
on the Proposed Rule - Disposal of PCBs; OPPTS Docket #66009 A," May 1998, p. 11,
Response #5.
iv
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TSCA PCB waste requirements is available from the Regional PCS Coordinators. The phone
numbers and addresses for each Regional office are provided in this document (see Section VI), and a
current listing of the Regional PCB Coordinators is available from the PCB website at
www.epa.gov/pcb under "EPA Regional Contacts."
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Poly chlorinated Biphenyl (PCS) Site Revitalization Guidance
Under the Toxic Substances Control Act (TSCA)
Introduction
This Polychlorinated Biphenyl (PCB) Site Revitalization Guidance (the Guidance) provides
information on characterizing, cleaning up, containing, and disposing of PCB waste (e.g., soil and
other debris generated as a result of any PCB spill cleanup). It has been developed as a guide to assist
individuals engaging in PCB remediation efforts in complying with the Toxic Substances Control Act
(TSCA) PCB regulations at 40 CFR Part 761. Individuals should contact the Regional PCB
Coordinator for additional guidance on the regulatory requirements for site-specific situations or
scenarios (see Section VI, pages 28-31).
Some cleanup sites may contain lead-based paint or asbestos which has been contaminated
with other compounds such as PCBs, pesticides or mercury, hi order to reduce exposure at these
sites, it is generally recommended that a balance be struck between a manage-in-place strategy for
lead-based paint and asbestos and the removal of other contaminants. Guidance and/or links to
information for managing lead-based paints and asbestos contamination are available at EPA's
websites at www.epa.gov/lead for lead, and www.epa.gov/asbestos for asbestos, hi addition, several
States have cleanup requirements that, in conjunction with the requirements addressed in 40 CFR Part
761, must be followed when undertaking a voluntary cleanup under a State response program.
Therefore, individuals also are encouraged to consult with their State environmental officials
regarding any additional State cleanup requirements.
PCB waste management at properties that have been contaminated with PCBs as a result of a
spill, release or other unauthorized disposal requires compliance with the requirements for PCB
remediation waste as specified in the TSCA PCB regulations at 40 CFR 761.50(b)(3) and 761.61.
Refer to those regulations for specific regulatory and legal requirements regarding PCB remediation
waste. An electronic version of the PCB regulations at 40 CFR Part 761 can be found on the PCB
website at www.epa.gov/pcb under "Laws and Regulations." Many of the cleanup examples
discussed in this Guidance are based on information regarding known federal Brownfields grant
application scenarios available at the time of its development.
Background
Real property contaminated with PCBs may be sold or transferred by a current owner to
another party. The transfer is not a release of any obligations of either the seller or the purchaser
regarding proper handling, cleanup, or disposal of contaminated material. See August 14, 2003
Memo from Robert Fabricant and Susan Hazen to Barry Breen, John Peter Suarez and the Regional
Administrators on the PCB website at www.epa.gov/pcb under "Interpretive Guidance," Policy
Statements and Letters. The responsibility for the initial PCB contamination (e.g., spill or other
release) resides with the person(s) who caused the contamination or who owned or operated the PCBs
or PCB-containing equipment at the time of the contamination. However, after the property transfer,
the new owner becomes responsible for controlling and mitigating any continuing and/or future
releases of PCBs. hi addition, because the use of contaminated portions of real property constitutes
the use of PCBs on it, such use is prohibited under section 6(e)(2)(A) of TSCA, unless the owner of
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the property contaminated with PCBs complies with all applicable use authorizations. In general, this
means that the owner must first clean up the property or decontaminate it before it can be used (see 40
CFR §761.30(u)). As previously mentioned, the individual who caused the PCB contamination,
which may or may not be the seller of the property, can generally be held liable for violations of the
PCB disposal requirements.
/. Overview of TSCA 's Waste Management Approach for PCB Wastes
This Guidance was developed by EPA to assist individuals who are planning or are engaged in
PCB remediation activities (e.g., the redevelopment of a Brownfields site with PCB contamination),
as well as State officials who are implementing state response programs, in complying with the PCB
waste management requirements promulgated under the TSCA PCB regulations.
This Guidance describes the TSCA cleanup and disposal requirements for PCB remediation
waste as specified under 40 CFR §761.61. Section 761.61 provides several options for cleaning up
and disposing of PCB remediation wastes: 40 CFR §761.61(a) establishes requirements for self-
implementing cleanups and disposal; 40 CFR §761.61(b) establishes requirements for performance-
based disposal; and 40 CFR §761.61(c) establishes a procedure for applying for a risk-based cleanup
or disposal approval where an individual wishes to conduct PCB cleanup or disposal in a manner
other than prescribed in either 40 CFR §761.61 (a) or (b). This guidance is primarily intended to assist
individuals in complying with the self-implementing requirements in 40 CFR §761.61 (a).
This Guidance also provides information on an activity that has been found to be acceptable to
the Agency when PCB cleanup and related activities were conducted in a manner other than
prescribed at 40 CFR §761.61(a) or (b); i.e., a risk-based disposal approval for the sampling, cleanup
or disposal of PCB remediation waste (see 40 CFR §761.61(c)). Section 761.61(c) requires
individuals to submit to the Regional Administrator an application which provides a risk-based
demonstration that other procedures or cleanup standards will result in a commensurate level of
protection for human health and the environment. In the example at Section HI. A. of this guidance,
the contaminated site was to be used for industrial purposes after the cleanup. In this particular
industrial use scenario, the Agency determined that the proposed sampling procedures, cleanup
standards, and engineering and institutional controls were sufficient to protect against an unreasonable
risk of injury to health or the environment. EPA expects that these sampling procedures, cleanup
standards, and engineering and institutional controls would likely be appropriate for other sites
presenting comparable exposure scenarios, although each risk-based application will be evaluated on
its merits and approved or disapproved on a site-specific basis.
Waste materials contaminated with PCBs as the result of a spill, an intentional or accidental
release or uncontrolled discharges of PCBs, or other unauthorized disposal of PCBs are called PCB
remediation waste. There are four types of PCB remediation waste: bulk PCB remediation waste,
porous surfaces, non-porous surfaces, and liquid PCBs. Cleanup levels for an area contaminated
with PCBs depend upon the degree of exposure to an area with residual contamination. Exposure is
measured by the amount of time that people will be spending in the area, and the type of PCB
contamination that will remain in place after remediation. The length of occupancy (or how long a
person is expected to be exposed to an area of contamination) is generally dependent upon the
intended use of the area. Areas that are in continuous or semi-continuous use, such as residences or
schools, are generally classified as "high occupancy areas." Under the self-implementing provisions
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of Section 761.61 (a), areas that are used to a limited extent, such as an electrical substation, are
considered to be "low occupancy areas." These terms are defined in 40 CFR 761.3 and discussed in
Section II.
To further illustrate how these factors relate, this Guidance provides: 1) examples to illustrate
how these variables are applied; and 2) a matrix that provides cleanup levels by waste type and
occupancy level (see Table 2, p. 22).
//. What are the Appropriate Cleanup Levels for Self-Implementing Cleanups?
The extent of cleanup required for a property contaminated with PCBs will depend primarily
upon two factors: 1) the use of the property (characterized by the length of occupancy); and 2) the
type of waste material that is contaminated with the PCBs. The self-implementing procedures may
not be used to clean up: surface or ground waters, sediments in marine and fresh water ecosystems,
sewers or sewage treatment systems, any private or public drinking water sources or distribution
systems, grazing lands, and vegetable gardens (see 40 CFR §761.61(a)(l)(i)). As described below,
the required cleanup level for self-implementing cleanups is determined by the type of occupancy '
after the cleanup is completed. All PCB concentrations are based on total PCBs, rather than
individual PCB Aroclors. Within each occupancy group, cleanup levels are supplied for the different
types of waste materials. The intended reuse scenarios for a facility or property may result in a
cleanup which utilizes a combination of cleanup standards (e.g., high occupancy and/or low
occupancy area), depending on whether certain conditions are met (e.g., access is limited in duration;
entry is secured, for example, by a key or combination lock). Therefore, consultation with the
Regional PCB Coordinator is encouraged. Post-cleanup sampling is also required; sampling
requirements are discussed in paragraph D of this Section. The process for determining the applicable
PCB cleanup level can generally be broken down into three basic steps:
• Step 1 - How will the contaminated property be used?
Step 2 - What is the type of waste material that is contaminated with PCBs?
Step 3 - What are the appropriate cleanup levels?
Step 1: How will the contaminated property be used?
The new use of a property is classified as a high or low occupancy area under the self-
implementing cleanup provisions of 40 CFR §761.61(a). The requirements for both the high
occupancy and low occupancy area can be found at 40 CFR §761.61 (a).
High occupancy area is generally defined as any area where PCB remediation waste has
been disposed of on site (including but not limited to any building, any floor/wall of the
building, any enclosed space within the building), and where annual occupancy for any
individual not wearing dermal and respiratory protection is 840 hours or more (an average of
16.8 hours or more per week) for non-porous surfaces and 335 hours or more (an average of
6.7 hours or more per week) for bulk PCB remediation waste. Examples include a residence,
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school, day care center, sleeping quarters, a single or multiple occupancy 40 hours-per-week
work station, a school classroom, a cafeteria in an industrial facility, a control room, and a
work station at an assembly line.
Low occupancy area is generally defined as any area where PCB remediation waste has
been disposed of on site (including but not limited to any building, any floor/wall of the
building, any enclosed space within the building), and where annual occupancy for any
individual not wearing dermal and respiratory protection is less than 840 hours (an average of
16.8 hours per week) for non-porous surfaces and less than 335 hours (an average of 6.7 hours
per week) for bulk PCB remediation waste. Examples include an electrical substation or a
location in an industrial facility where a worker spends small amounts of time per week (such
as an unoccupied area outside a building, an electrical equipment vault, or in the non-office
space in a warehouse where occupancy is transitory).
Step 2: What is the type of waste material that is contaminated with PCBs?
Waste materials contaminated with PCBs as the result of a spill, an intentional or accidental
release or uncontrolled discharges of PCBs, or other unauthorized disposal of PCBs are called PCB
remediation waste. PCB remediation waste is managed at its "as-found" PCB concentration and
includes, but is not limited to: soil, rags, and other debris generated during a cleanup; environmental
media containing PCBs, such as soil and gravel; buildings and other man-made structures
contaminated with PCBs; and porous and non-porous surfaces upon which PCBs were spilled or
released (see the definition at 40 CFR §761.3). PCB remediation waste sampling should be based on
in-situ characterization data (i.e., "as found" per 40 CFR §761.61) rather than post-excavation or
demolition composite samples collected from waste piles and roll-off containers.
The four classes of PCB remediation waste commonly found at PCB remediation sites
include:
• bulk PCB remediation waste including, but not limited to, existing piles of soil,
in-situ soil, sediments, dredged materials, muds, PCB sewage sludge, and industrial
sludge;
• porous surfaces including, but not limited to, non-coated (e.g., unpointed) or
coated structural surfaces such as floors, walls, and ceilings made of concrete, brick,
wood, plaster, plasterboard, etc., that have been subsequently contaminated by spills
from PCB liquids. Porous surfaces also include paints or coatings that have been
applied to a non-porous surface such as metal.
• non-porous surfaces including smooth unpainted solid surfaces that limit
penetration of liquid containing PCBs beyond the immediate surface (e.g., smooth
uncorroded metal, natural gas pipe with a thin porous coating originally applied to
inhibit corrosion, smooth glass, smooth glazed ceramics, impermeable polished
building stone such as marble or granite, and high density plastics such as
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5
polycarbonates and melamines that do not absorb organic solvents).
liquid PCBs, a homogenous flowable material containing PCBs and no more than 0.5
percent by weight non-dissolved material.
The PCB regulations also contain a provision for the disposal of PCB bulk product wastes;
i.e., wastes derived from manufactured products containing PCBs in a non-liquid state (see the
definition for PCB bulk product waste at 40 CFR §761.3). Materials such as debris from the
demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs
may be found at sites contaminated with PCBs and are subject to the TSCA PCB disposal
requirements at 40 CFR §761.62.
Step 3: What are the appropriate clean-up levels?
The information developed in steps 1 and 2 is used to determine the cleanup levels for PCB
remediation waste for the two categories of intended use (e.g., high occupancy and low occupancy
areas). The required cleanup levels are described in detail in paragraphs A through C of this section;
paragraph D provides information on post-cleanup sampling and deed restriction requirements.
IMPORTANT NOTE: For PCB waste management involving porous structural surfaces,
such as floors, walls, or ceilings made of concrete, brick, wood, plaster, plasterboard, etc., "clean" is
defined by a bulk PCB concentration, e.g., weight/weight or volume/volume, such as a core sample,
and not a surface PCB concentration, such as a wipe sample. In characterizing the property,
established EPA sampling procedures or guidance such as 40 CFR 761, Subpart N (40 CFR §761.260
et al.), or CERCLA site characterization guidance should be used to determine the appropriate number
and location of samples. The attached Appendix A contains a core sampling procedure developed by
EPA Region 1 that may be appropriate for use in conjunction with Subpart N to determine the extent
of the contamination in concrete. Other reliable and effective methods for collecting a core sample
also may be used. PCB remediation waste verification sampling must be based on in-situ
characterization data (i.e., "as found" per 40 CFR §761.61) rather than post-excavation or demolition
composite samples collected from waste piles and roll-off containers. (63 FR 35409, June 29, 1998.)
For guidance on sampling and disposing of existing piles or containers, see 40 CFR Part 761, Subpart
R, or contact the Regional PCB Coordinator. The discussion of cleanup levels below is based on in-
situ sampling.
A. PCB Cleanup Levels for High Occupancy Areas
For PCB waste management involving bulk PCB remediation waste, porous surfaces and non-
porous surfaces in high occupancy areas, the PCB cleanup levels listed below apply. When a
cleanup activity includes the use of a cap, the owner of the site must maintain the cap in perpetuity
and an institutional control, such as a deed restriction, must be implemented. The deed restriction
requirements at 40 CFR §761.61(a)(8) include a notation in perpetuity so that potential purchasers
receive a disclosure about: the PCB waste that was disposed of on site, the use restrictions that apply
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to all future owners, the PCS cleanup levels under the cap, and the owner's obligation to maintain the
cap.
Bulk Remediation Waste & Porous Surfaces
• Less than or equal to 1 part per million (<. 1 ppm) PCBs in the soils,
other residual waste or porous surfaces, without further conditions (see 40 CFR
§761.61(a)(4)(i)(A)). To verify the completion of cleanup and on-site disposal
ofbulkPCB remediation wastes and porous surfaces, follow the procedures in
Subpart O of 40 CFR 761, or a risk-based sampling plan that has been
approved by EPA pursuant to 40 CFR §761.61 (c).
• Greater than 1 ppm but less than or equal to 10 ppm (>1 to slO
ppm) if the area is covered with an appropriate cap (see 40 CFR
§761.61(a)(4)(i)(A)) as specified at 40 CFR §761.61(a)(7); i.e., when referring
to on-site cleanup and disposal ofPCB remediation waste, a cap means a
uniform placement of concrete, asphalt, or similar material of minimum
thickness spread over the area where remediation waste was removed or left in
place in order to prevent or minimize human exposure, infiltration of water,
and erosion. (See the specific requirements at 40 CFR 761.61(a)(7).) To verify
the completion of cleanup and on-site disposal ofbulkPCB remediation wastes
and porous surfaces, use Subpart O at 40 CFR 761, or a risk-based sampling
plan that has been approved by EPA pursuant to 40 CFR §761.61(c).
• Porous surfaces contaminated by an old spill3 of liquid PCBs where
the concentration of PCBs in the spill was ^50 ppm and where the surface
concentration of PCBs on the porous surface is currently greater than
3 Section 6(e)(2)(A) of the Toxic Substances Control Act (TSCA) banned the use of
PCBs after January 1, 1978, unless the PCBs are used in a totally enclosed manner or the use is
authorized by rule. In 1998, EPA amended the PCB regulations, in part by authorizing continued
use of porous surfaces contaminated by old spills of liquid PCBs (see 40 CFR §761.30(p)). As
promulgated, the use authorization for porous surfaces contained a technical error which EPA
sought to correct in a subsequent final rule promulgated without notice and comment on June 24,
1999 (see 64 FR 33755). The technical amendment was challenged and set aside in Utility Solid
Waste Activities Group v. EPA. 236 F.3d 749 (D.C. Cir. 2001) (USWAG). EPA interprets the
authorization as originally promulgated such that individuals who comply with the conditions of
the authorization may continue to use porous surfaces that have been contaminated by old spills
of liquid PCBs where the concentration of PCBs in the liquid was ^50 ppm and where the
surface concentration of PCBs on the porous surface is currently >10ug/100 cm2. Porous
surfaces contaminated by old spills of liquid PCBs where the concentration of PCBs in the liquid
was ^50 ppm and where the surface concentration of PCBs on the porous surface is currently
< lOug/100 cm2 are implicitly authorized for use under 40 CFR §761.30(p) without further
conditions.
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10 mierograms per 100 square centimeters (>10 Mg/100 cm2) may
continue in their original use or location provided: (1) the source of
contamination has been removed; (2) accessible porous surfaces have been
cleaned and completely covered with two solvent resistant and water repellent
coatings of contrasting colors, or a solid barrier has been fastened to the surface
to cover the contaminated area or all accessible parts of the contaminated area;
and (3) the PCB ML mark (see Figure 1) has been placed in a location where it
is visible (see 40 CFR §761.30(p)). Post-verification sampling is not required.
Porous surfaces contaminated by old spills of liquid PCBs where the
concentration of PCBs in the liquid was >50 ppm and where the surface
concentration of PCBs on the porous surface is currently
£ 1 OjJg/100 cm2, are authorized for use under 40 CFR §761.30(p) without
further conditions. Although such surfaces may be used without complying
with the conditions in §761.30(p), the prohibition on use of contaminated
porous surfaces applies if the surface at any time measures >10ug/100 cm2,
even if it previously measured < lOug/100 cm2. Therefore, efforts should be
initiated on a site-specific, as needed basis to ensure that the PCB
contamination of the porous surface remains at levels < lOug/100 cm2.
If the PCB containing equipment is removed and the subsequent use of the
contaminated surface is to change, for example, a former transformer vault is
intended to be reused as office space, then all contaminated porous surfaces
must be cleaned to < 1 ppm or a standard meeting the requirements of a
§761.61(a) approval.
Figure 1: PCB ML Mark
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8
Non-Porous Surfaces
• Less than or equal to 10 micrograms per 100 square centimeters
(<. 10 pg/100 cm2), without further conditions (see, 40 CFR
§761.61(a)(4)(ii)). Use one of the decontamination procedures listed at 40 CFR
§761.79(b) to remove or separate PCBs from non-porous surfaces (e.g.,
chopping, scraping, scarification or the use of abrasives or solvents) or'another
appropriate procedure as specified in §761.61(a)(5)(ii). Sampling locations
must be selected in accordance with 40 CFR Part 761, Subpart P for non-
porous surfaces, or a risk-based sampling plan that has been approved by EPA
pursuant to 40 CFR §761.61(c). (40 CFR §761.61(a)(4)(ii)).
Example 1: Renovation of an Old Warehouse to Artists Studios - Use of the Self-
Implementing Provision at 40 CFR §761.61 (a)
An old warehouse constructed of concrete walls and floors is being renovated and will be
subdivided into artists studios. The new owners also plan to install a child-care facility for the
children of the artists. The concrete floor which is contaminated with PCBs must be cleaned up in
compliance with the appropriate cleanup standard prior to use. What clean-up level is required?
Answer: The converted warehouse will be used as a high occupancy area, i.e., the artists and/or
children will be occupying the building for 6.7 hours per week or more. The flooring is * porous
surface, therefore, the standard applicable for bulkPCB remediation waste applies. The concrete
loor must be removed, at least in part, and replaced if it cannot be decontaminated to required
levels (i.e., cleaned up to < 1 ppm PCBs). The material contaminated with PCBs must be disposed
of as PCB remediation waste. Disposal options for non-liquid cleanup wastes at any concentration
(e.g., cleaning materials, personal protective equipment, non-porous surfaces, etc.) and bulk PCB
remediation wastes including porous surfaces at <50 ppm include: an approved PCB disposal
facility, a permitted municipal solid waste or non-municipal non-hazardous waste facility pursuant
o §761.61(a) or (c), or a RCRA Sec. 3004 or 3006 permitted hazardous waste landfill (40 CFR
§§761.61(a)(5)(i)(B)(2)(ii) and 761.61(a)(5)(v)(A)). Disposal of ^50 ppm PCB remediation waste
s limited to an approved PCB disposal facility or a RCRA Sec. 3004 or 3006 permitted hazardous
waste landfill (40 CFR §761.61(a)(5)(i)(B)(2)(iii)); also see Section IV. A different combination
of cleanup, engineering and institutional controls can be approved and implemented under 40 CFR
§761.61(c). For more specific guidance, contact the Regional PCB Coordinator.
B. PCB Cleanup Levels for Low Occupancy Areas
For PCB waste management involving bulk PCB remediation waste, porous surfaces and non-
porous surfaces in low occupancy areas, the PCB cleanup levels listed below apply. Also, when
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the procedures and requirements for a low occupancy area are used (e.g., a fence or cap is used) an
institutional control such as a deed restriction must be implemented. The deed restriction
requirements include a notation in perpetuity so that potential purchasers receive a disclosure about
the PCB waste that was disposed of on site, the use restrictions that apply to all future owners the
PCB cleanup levels inside the fence or under the cap, and the owner's obligation to maintain the
fence/cap. (See 40 CFR §761.61(a)(8) for the specific requirements.)
Bulk Remediation Waste & Porous Surfaces
• Less than or equal to 25 ppm (<;25 ppm) in the soils, other residual
waste or porous surfaces (see 40 CFR §761.61(a)(4)(i)(B)), and an institutional
control (i.e., deed restriction; see 40 CFR §761.61(a)(8)). To verify the
completion of cleanup and on-site disposal of bulk PCB remediation wastes and
porous surfaces, use Subpart O at 40 CFR 761, or a risk-based sampling plan
that has been approved by EPA pursuant to 40 CFR §761.61(c).
• Greater than 25 ppm, but less than or equal to 50 ppm (>25 ppm
to <, 50 ppm) in the soils, other residual waste or porous surfaces (see 40 CFR
§761.61(a)(4)(i)(B)) provided the site is secured by a fence, marked with a sign
that includes the PCB ML mark (see Figure 1, p. 7) and an institutional control
(i.e., deed restriction; see 40 CFR 761.61(a)(8)) is implemented. To verify the
completion of cleanup and on-site disposal of bulk PCB remediation wastes and
porous surfaces, use Subpart O at 40 CFR 761, or a risk-based sampling plan
that has been approved by EPA pursuant to 40 CFR §761.61 (c).
• Greater than 25 ppm, but less than or equal to 100 ppm (>25
ppm to ^ 100 ppm) provided the site is covered with an appropriate cap (i.e.,
a uniform placement of concrete, asphalt, or similar material of minimum
thickness spread over the area where PCB remediation waste was removed or
left in place in order to prevent or minimize human exposure, infiltration of
water, and erosion) and an institutional control (i.e., deed restriction) is
implemented. (See specific requirements at 40 CFR §§761.61(a)(4)(i)(B) and
761.61(a)(7) and (a)(8).) To verify the completion of cleanup and on-site
disposal of bulk PCB remediation wastes and porous surfaces, use Subpart O at
40 CFR 761, or a risk-based sampling plan that has been approved by EPA
pursuant to 40 CFR §761.61(c).
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10
Porous surfaces contaminated by an old spill of liquid PCBs where
the concentration of PCBs in the spill was ;>50 ppm and where the surface
concentration of PCBs on the porous surface is currently greater than
10 micrograms per 100 square centimeters (>10 |Jg/100 cm2) may
continue in their original use or location provided: (1) the source of
contamination has been removed; (2) accessible porous surfaces have been
cleaned and completely covered with two solvent resistant and water repellent
coatings of contrasting colors, or a solid barrier has been fastened to the surface
to cover the contaminated area or all accessible parts of the contaminated area;
and (3) the PCB ML mark (see Figure 1) has been placed in a location where it
is visible (see 40 CFR §761.30(p)). Post-verification sampling is not required.
Porous surfaces contaminated by old spills of liquid PCBs where the
concentration of PCBs in the liquid was ;>50 ppm and where the surface
concentration of PCBs on the porous surface is currently less than or
equal to 10 micrograms per 100 square centimeters (^10fJg/100
cm2), are authorized for use under 40 CFR §761.30(p) without further
conditions. Although such surfaces may be used without complying with the
conditions in §761.30(p), the prohibition on use of contaminated porous
surfaces applies if the surface at any time measures >10ug/100 cm2, even if it
previously measured < lOug/100 cm2. Therefore, precaution should be taken to
ensure that the PCB contamination of the porous surface remains at levels
< lOug/100 cm2. (See Footnote #3 on page 6.)
If the PCB containing equipment is removed and the subsequent use of the
contaminated surface is to change, for example, a former transformer vault is
intended to be reused as office space, then all contaminated porous surfaces
must be cleaned to < 1 ppm or a standard meeting the requirements of a §761.61
approval.
Non-Porous Surfaces
• Less than 100 |Jg/l 00 cm2 (<100 |Jg/l 00 cm2) and an institutional
control must be implemented (see 40 CFR §§761.61(a)(4)(ii) and 761.61(a)(8)).
Use one of the decontamination procedures listed at 40 CFR §761.79(b) to
remove or separate PCBs from non-porous surfaces (e.g., chopping, scraping,
scarification or the use of abrasives or solvents). Sampling locations should be
selected in accordance with 40 CFR Part 761, Subpart P or a risk-based
sampling plan that has been approved by EPA pursuant to 40 CFR §761.61(c).
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11
Example 2: Conversion of an Abandoned Building to Condominiums - Use of the Self-
Implementing Provision at 40 CFR §761.61 (a)
An abandoned building containing walls and floors contaminated with PCBs will be
converted into condominiums. The basement will be used for storage only and thus will
only be accessed by the tenants occasionally. What are the clean-up requirements for the
building? Does the fact that the basement will be used much less than the remainder of
the building factor into the requirements?
Answer: Ideally, the entire building would be cleaned up as a high occupancy area (i.e.,
all PCB contamination in/on the walls and floors would be decontaminated to < 1 ppm or
the walls/floors would be removed and replaced - see Example 1). However, the
basement may be cleaned up as a low occupancy area (i.e., a lower standard) provided
individual access is restricted to occupying the basement for less than 6.7 hours per week.
Consultation with the Regional PCB Coordinator is advisable to ensure all issues
regarding potential exposure pathways have been addressed.
C. Cleanup Levels for Liquid PCBs
Liquid PCB wastes not in compliance with the decontamination levels below must be disposed
of in an approved incinerator in accordance with 40 CFR §761.60(a) or by an alternative disposal
technology in accordance with 40 CFR §761.60(e). In both high and low occupancy areas, the
decontamination standards (e.g., cleanup levels) for liquid PCBs at 40 CFR §761.61(a)(4)(iv) are as
follows:
(a) For water containing PCBs: (i) less than 200 micrograms per liter (<200
pg/L, or approximately<200 ppb PCBs) for non-contact use in a closed
system where there are no releases; (ii) for water discharged to a treatment
works or to navigable waters, less than 3 JJg/L (<3 |Jg/L, or
approximately 3 ppb) or a PCB discharge limit included in a permit issued under
Sec. 307(b) or 402 of the Clean Water Act; or (iii) less than or equal to 0.5 |Jg/L
(approximately ^0.5 ppb PCBs) for unrestricted use. (See 40 CFR
§761.79(b)(l).)
(b) The decontamination standard for organic liquids and non-aqueous inorganic
liquids containing PCBs is less than 2 milligrams per kilogram (<2 ppm
PCBs). (See 40 CFR §761.79(b)(2).)
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12
Liquid samples may consist of a single liquid phase, multi-phasic liquids, or a combination of
liquid and non-liquid material. The sampling requirements at 40 CFR §761.269 and the extraction
and analytical procedures provided at 40 CFR §761.272 may be used to sample liquid PCB
remediation wastes. (40 CFR §761.61(a)(2) and Subpart N.) When separating liquid and non-liquid
phases of waste, you may sample the non-liquid phase in accordance with 40 CFR §761.265. (40 CFR
§761.6100(2) and Subpart N.) Decontamination waste and residues are required to be disposed of at
their existing PCB concentration, unless otherwise specified (see 40 CFR §761.79(g)).
D. Post-cleanup Sampling and Deed Restriction Requirements
The following post-cleanup sampling procedures and deed restriction requirements also apply
for PCB waste management activities addressed under Sections A through C above (for a summarv of
these requirements, see Table 1, p. 14).
(1) Sampling and Analysis.
Post-cleanup sampling and analysis to verify cleanup must be conducted in accordance with
the applicable Cleanup Verification requirements at 40 CFR §761.61(a)(6) and 40 CFR Part 761
Subpart O for bulk remediation waste and porous materials, and 40 CFR §761.61(a)(6) and 40 CFR
Part 761, Subpart P for non-porous materials. Contact the Regional PCB Coordinator for guidance
regarding a risk-based approval (see 40 CFR §761.61(c)) to use Appendix A or some other appropriate
sampling procedure in conjunction with, or in lieu of, Subpart O for determining sample size and
sample collection procedures for concrete and other similar porous surfaces.
To Sample and Analyze PCB Waste Use:
40 CFR §761.61 (a)(2) and Subpart N: to adequately characterize the site; also, the
Appendix A sampling procedures for concrete (or other reliable and effective '
methods) maybe appropriate for use to determine the appropriate number and
location of samples;
40 CFR §761.61(a)(6) and Subpart O: to verify cleanup and on-site disposal of bulk
PCB remediation wastes and porous surfaces;
40 CFR §761.61(a)(6) and §761.269: to sample liquid PCB remediation wastes for
verification of cleanup, and when separating liquid and non-liquid phases of a waste,
sample the non-liquid phase in accordance with 40 CFR §761.265; and
40 CFR §761.61(a)(6) and Subpart P: to sample, analyze and interpret results of non-
porous surfaces.
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13
(2) Deed Restriction Requirements.
The deed restriction requirements at 40 CFR §761.61(a)(8) must be implemented for any
site where PCBs remain at concentrations above the specified high occupancy "walk-away" level of
< 1 ppm for bulk remediation waste and porous surfaces, and < 10 ug/100 cm2 for non-porous surfaces.
Deed restriction requirements for cleanups that result in the installation of a cap or fence, and cleanups
following the procedures and requirements for low occupancy areas include a notation in perpetuity so
that potential purchasers receive a disclosure about: the PCB waste that has been disposed of on site,
the use restrictions that apply to all future owners, the PCB cleanup levels inside the fence or under '
the cap, and the owner's obligation to maintain the fence or cap. (See 40 CFR §761.61(a)(8) for the
specific requirements.) Deed restrictions may also apply to the reuse of properties cleaned up
according to a risk-based disposal approval. Such restrictions may require, among other things, a
disclosure in perpetuity that PCB waste has been disposed of on site, that all future owners must
maintain the protective coating or barrier when one is required, and that the use of the property is
limited to a particular use, e.g., industrial use only.
Required PCB Institutional Control
The only institutional control that is required under the PCB regulations is a deed
restriction. A deed restriction is essentially a permanent notice executed in accordance
with state law and recorded on the deed or some other instrument normally examined
during a title search which indicates contained contamination remains at the site. Deed
restrictions are required for any PCB cleanup in an area that is designated as a low
occupancy area, and in high occupancy areas whenever a cap is installed. (See 40 CFR
§761.61(a)(8)). The Agency has also approved the use of deed restrictions for site-
specific, risk-based approvals where cleanup activities were conducted to establish the
property as an industrial area. The deed notation was required to include language that
limits the future use of the property to industrial use only (i.e., no children under the age
of six may have access to the property).
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14
Table 1. Post-Cleanup Sampling Procedures and Deed Restriction Requirements
Cleanup Action
Applicable Regulations/
Specific Requirements
(A) Bulk PCB remediation waste cleanup requirements
Cleanup Verification: 40 CFR §761.61 (a)(6)
& Subpart O, or a risk-based sampling plan
that has been approved by EPA pursuant to
40CFR§761.61(c).
Porous surface cleanup requirements
Cleanup Verification: 40 CFR §761.61(a)(6)
& Subpart O, or a risk-based sampling plan
that has been approved by EPA pursuant to
40CFR§761.61(c).
Non-porous surface cleanup requirements
Cleanup Verification: 40 CFR §761.61(a)(6)
& Subpart P, or a risk-based sampling plan that
has been approved by EPA pursuant to 40 CFR
§761.61(c).
PCB Liquids
Confirmatory sampling: 40 CFR §761.269.
(B) High Occupancy Areas for Bulk PCB Remediation
Waste & Porous Surfaces: implement deed restric-
tions if PCB concentrations are >1 ppm but ^ 10 ppm.
Low Occupancy Areas for Bulk PCB Remediation
Waste & Porous Surfaces: implement deed restric-
tions if PCB concentrations are either >25 ppm but <,50
ppm, or >25 ppm but <; 100 ppm.
Other Reuse Scenarios: deed restrictions may vary
depending on cleanup proposed.
Deed Restriction: 40 CFR §761.61(a)(8)
///. Cleanup Levels for Other Re-Use Scenarios
A risk-based disposal approval (see §761.61(c)) is available for cleanup, storage and disposal
when the self-implementing cleanup and disposal standards of §761.61 (a), or the performance-based
disposal requirements of §761.61 (b), are not the remedy of choice. Individuals must submit a written
application to the EPA Regional Administrator in the Region where the sampling, cleanup, disposal or
storage site is located when those activities will occur in a single EPA Region; or to the Director of the
National Program Chemicals Division when the activities occur in more than one EPA Region. Each
application must contain the information required for the notification under the self-implementing
procedures (see the TSCA PCB regulations at §761.61(a)(3)(i)). EPA may request other information
necessary to evaluate the application. EPA may use the OSWER guidance for superfund risk
assessment (issued in 1989 and amended in 2003)4 as well as the superfund PCB guidance (issued in
4"Risk Assessment Guidance for Superfund, Volume 1, Human Health Evaluation
Manual (Part A), Interim Final," EPA/540/1-89/002, December 1989. This guidance pertains to
the selection of human health toxicity values, data necessary in developing PCB cleanup levels.
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p. 20
15
1990)5 as a reference when reviewing any request for a risk-based approval submitted under the
provisions of 40 CFR §761.61(c) and deciding on an appropriate risk-based method for the cleanup
and disposal of PCB remediation wastes. EPA will issue a written decision on each application and
will approve an application only when a finding can be made that the method will not pose an
unreasonable risk of injury to health or the environment. However, no person may conduct cleanup
and/or related activities prior to obtaining written approval from EPA. Unlike the self-implementing
process, the risk-based disposal approval process does not contain automatic triggers for an approval
from EPA.
A. Example of Risk-Based PCB Cleanup Levels for an Industrial Area
The following cleanup scenario is an example of a risk-based cleanup that EPA approved for a
site that would be used as an "industrial area " after the cleanup was completed. The sampling
procedures, cleanup standards, and engineering and institutional controls were based on a site-specific
risk assessment which assumed no children under the age of six would occupy the space at any time. In
this reuse scenario, the "industrial area " was not to house a day care center, school, or any other place
where children under the age of six may be found. For PCB waste management involving porous
structural surfaces, such as floors, walls, or ceilings made of concrete in this industrial area, the
following considerations were applied when the bulk PCB concentrations fell in the ranges indicated
below.
The averaging of individual samples was based on a uniform depth of concrete, rather than
compositing various sample depths (e.g., all samples were taken at a uniform depth of no more than 2
inches, for example). Also, when the procedures for this "industrial area " were used, an institutional
control (i.e., deed restriction) was implemented. The deed restriction requirements include a notation
in perpetuity so that potential purchasers would receive a disclosure about: the PCB waste that was
disposed of on site, the use restrictions that apply to all future owners, and the owner's obligation to
maintain the coating or barrier, where required. (See 40 CFR §761.61(a)(8) for the specific
requirements.)
(a) Where the average PCB concentration in the concrete was greater than 5 ppm, but
less than or equal to 10 ppm (>5 ppm to <;10 ppm), with a maximum
concentration of 25 ppm in any sample, at a maximum depth of contamination
of no more than 15 centimeters (6 inches): two coats of paint or epoxy of contrasting
colors were applied (or a solid barrier installed) and had to be maintained; the
contaminated surface was marked with the PCB ML mark in a location easily visible to
individuals present in the area; and the coating or barrier had to be maintained through a
The 1989 guidance was updated in 2003. This guidance, on a hierarchy for the selection of
human health toxicity values, can be found on the following web site
http://www.epa.gov/superfund/programs/risk/hhmemo.pdf.
5"Guidance on Remedial Actions for Superfund Sites with PCB Contamination"
EPA/540/G-90/007, August 1990, which can be found at the following link
http://www.epa.gov/superfund/resources/remedy/pdf/540g-90007-s.pdf.
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16
deed restriction for the site specifically limiting the property to industrial use
only.
(b) Where the average PCB concentration in the concrete was less than or equal to 5
ppm (^5 ppm), with a maximum concentration of 10 ppm in any
sample, at a maximum depth of contamination of no more than 5 centimeters (2
inches), a deed restriction was established for the site, specifically limiting the
property to industrial use only.
(c) The self-implementing requirements of 40 CFR §761.61 (a) for a high occupancy area
cleanup (see Section H.A.) would also have been appropriate for this scenario. If the
high occupancy area cleanup standard was used (i.e., less than or equal to 1 ppm (< 1
ppm)), a deed restriction would not have been required, and the restriction on the
presence of children under the age of six would not have applied.
Example 3: Renovating An Old Warehouse to Include Both Office and Warehouse Space
- Use of Risk-Based Provision at 40 CFR §761.61 (c)
An old warehouse is being converted into a distribution center, which will include both
office space and warehouse space. The floor is contaminated with PCBs. What are the
clean-up requirements?
Answer: This is an example of a reuse scenario in which the cleanup standards and other
protective measures described in the "industrial use" example in section m. A. might be
appropriate. A risk-based application would have to be submitted to the Regional
Administrator, ATTN: Regional PCB Coordinator, to obtain approval for cleanup of this
site under §761.61(c). As described in the "industrial use" scenario, occupation
restrictions on children and engineering or institutional controls such as a deed restriction
limiting the property to "industrial use" only might be necessary. Using the attached
guidance (see Appendix A) or other appropriate procedures for sampling concrete, the
PCB concentration in the cement would need to be determined to assess whether '
additional cleanup activities must be initiated. If this cleanup was being conducted under
the self-implementing procedures in 40 CFR §761.61(a), the cleanup standards for a high
occupancy area would likely apply.
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B. Additional Cleanup Examples
In a multi-level building where the area of PCB remediation is confined to the basement of the
building, there are no restrictions on the use of the upper levels of the building. Prior to occupying the
building, the cleanup requirements for the basement must be determined based on the intended new
use of the basement, and the PCB waste must be properly managed. PCB contamination occupying a
limited portion of the property would not otherwise affect the use of portions of the property that are
not contaminated. The tables and examples in this Guidance summarize relevant information
concerning the management of PCB waste. All PCB concentrations are based on total PCBs, rather
than individual PCB Aroclors. Although the tables and examples may be used as informal references,
they should not be used as "stand-alone documents" (i.e., the tables and examples may not contain a
complete statement of all of the applicable requirements and do not replace nor supplant the
requirements of the PCB regulations at 40 CFR Part 761). For instance, Table 2 provides a summary
of the cleanup standards for high and low occupancy use categories (see p. 22). It also summarizes the
cleanup standards for the industrial use example described in Section HI. A. of this document. In
addition, examples are presented in Section VII regarding the various types of PCB contamination that
may be found at a site and the potential reuse scenarios for the property (see Table 7, p. 39).
Consultation with the EPA Regional PCB Coordinator may be appropriate for determining the
applicable cleanup standards.
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Example 4: Multi-story Building Intended for A Combination of Uses - Use of the Self-
Implementing Provision at 40 CFR §761.61 (a)
A multi-story building with concrete floors and walls once housed PCB liquids that were
stored in the basement where evidence of liquid spills to the basement floor was found. Data
indicate the PCBs have migrated through the basement floor into the subsurface soil. No
other source(s) of PCBs are present or are known to have been used at the site. Potential
plans for the future use of the building would likely make it a high occupancy area and would
include a shopping mall, residential townhouses, or a public facility; i.e., a medical facility,
school, or a recreational center. How should the contamination in the basement and soil be
managed; how would the cleanup requirements differ if the basement was used as a low
occupancy area?
Answer: The cleanup requirements are based on the type of waste material and the intended
use of the property, hi this example, the waste materials include a. porous surface and
subsurface soil (i.e., bulk PCB remediation waste). No cleanup is required of the upper
floors where there is no PCB contamination. There are no restrictions regarding the use of
the upper floors since the PCBs are known to have not been transferred to those areas. The
self-implementing procedures at 40 CFR §761.61 (a) can be applied.
For use of the basement as a high occupancy area, the basement floor and subsurface soil
have to be cleaned to 1 part per million or less (< 1 ppm), without further conditions (40 CFR
§761.61(a)(4)(i)(A)). Post-cleanup sampling is required. Use of the basement in a
residential setting or as public access areas generally requires compliance with the most
stringent cleanup standard.
• Decontamination of the porous surface (basement floor) is not an option because the
spill is more than 72 hours old.
hi addition, the PCB concentration in the subsurface soil must be determined.
If the decision is made to remove and replace all or part of the concrete floor, the
PCB concentration of the subsurface soil must be 10 ppm or less, and the new
concrete floor must be at least 6 inches deep (i.e., the equivalent of the cap
requirements at §761.61(a)(7)).
• The cap must be maintained in perpetuity, and an institutional control; i.e., a deed
restriction, must be implemented.
• If the subsurface soil is cleaned to < 1 ppm, the new concrete floor is not required to
meet the 6 inch cap requirement, and the deed restriction is not necessary.
For a low occupancy area, the cleanup process would be the same, although the cleanup
standard is 25 ppm or less (<25 ppm) in both the concrete and the subsurface soil, and a deed
restriction is required (40 CFR §761.61(a)(4)(i)(B)(l)). Use as a boiler room, electrical
room, etc. would be likely uses of the basement for a low occupancy use.
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ExampleS: Multi-story Building Intended for A Combination of Uses - Use of the Risk-
Based Provision at 40 CFR §761.61 (c)
Same scenario as Example 4, except the basement is intended for use as an industrial area.
Answer: This scenario provides another example of when cleanup standards similar to those
approved for the industrial area scenario described in this section might apply. A risk-based
application would have to be submitted to the Regional Administrator, ATTN: Regional PCB
Coordinator, to obtain approval for cleanup of this site under 761.61(c). EPA may use the
OSWER guidance for superfund risk assessment (issued in 1989 and amended in 2003; see
Footnote #4, page 14) as well as the superfund PCB guidance (issued in 1990; see Footnote
#5, page 15) as a reference when reviewing any request for a risk-based approval and deciding
on an appropriate risk-based method for the cleanup and disposal of PCB remediation waste.
The following cleanup standards which rely on the maximum PCB concentration found in
samples taken at depths of 15 or 5 centimeters might be appropriate. Other limitations might
apply such as occupation restrictions on children or engineering or institutional controls such
as a deed restriction.
1. Maximum PCB concentration of 25 ppm in any sample, at a maximum uniform depth
for each sample of no more than 15 centimeters (< 15 cm) where the average of all
samples taken is greater than 5 ppm, but less than or equal to 10 ppm (>5 ppm to < 10
ppm). Two coats of paint or epoxy of contrasting colors would be applied (or a solid
barrier might be installed over the accessible areas of the contaminated surface); the
surface would be marked with the PCB ML mark in a location easily visible to '
individuals present in the area; and the intact coating or barrier would be maintained
through a deed restriction for the site specifically limiting the property to industrial use
only. OR
2. Maximum PCB concentration of 10 ppm in any sample, at a maximum uniform depth
for each sample of no more than 5 centimeters (<5 cm) where the average of all
samples taken is less than or equal to 5 ppm (<5 ppm), and a deed restriction would be
implemented for the site specifically limiting the property to industrial use only.
Although these cleanup standards and protective measures might be appropriate for this reuse
scenario, different combinations of cleanup, engineering and institutional controls may also be
submitted to the Regional Administrator in the request for an approval under 40 CFR
§761.61(c). For additional guidance, contact the Regional PCB Coordinator.
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Example #6: Multi-parcel, Commercial, Light Industrial, and Residential Mixed Use
Property - Use of the Self-Implementing Provision at 40 CFR §7 61.61 (a)
A municipality has purchased several adjoining parcels of land and intends to redevelop the
combined property for a variety of uses, including retail, condominiums, office space, a park,
and a parking facility. The project's primary parcel includes a former textile mill where
there is evidence of PCB contamination. None of the other parcels has been contaminated
with PCBs. The mill building has a concrete (i.e., porous) floor in the basement where there
is evidence of spills of liquid PCBs. There is no evidence of PCB contamination in any
other part of the building. The municipality plans to preserve the facade and basic structure
of the mill building. The redevelopment plan includes putting retail and office space on the
first two floors of the building and condominiums on upper floors. The basement of the
building will be used for parking and building utilities. What level of cleanup is required to
implement this mixed-use scenario?
Answer: From the details provided above, it appears that the textile mill will be redeveloped
for both high (retail and office space, condominiums) and low (parking and building
utilities) occupancy use. In this scenario, the assumption is that test results confirm the PCB
contamination is limited to the basement floor, and that no cleanup of PCBs is required of
the upper floors. However, use of the upper floors, if contaminated with PCBs, is not
authorized unless those areas are in compliance with an EPA cleanup standard (see 40 CFR
§761.30(u)). To determine that cleanup is required only in the basement, it is recommended
that random sampling for PCBs be conducted of the entire building to ensure there has been
no transfer of the contamination in the basement to other portions of the building, and that
no PCB-containing coatings have been applied and/or used in any portion of the mill. Based
on the results of that sampling, a determination can then be made regarding PCB
contamination in other parts of the building.
It is also logical to assume that spills of liquid PCBs were from PCB-containing
equipment. Certain PCB-containing equipment that may have been abandoned on site must
be drained of all free-flowing liquids prior to disposition of it (40 CFR §761.60(b)). The
liquids must be tested to determine their PCB concentration unless they are disposed of in an
incinerator that complies with 40 CFR §761.70. Used oil at concentrations of less than 50
ppm may be marketed and burned for energy recovery (see the TSCA requirements at 40
CFR §761.20(e)). Liquids containing PCBs at concentrations of 50 ppm or greater must be
disposed in accordance with 40 CFR §761.60(a) (e.g., via a TSCA permitted incinerator or a
high efficiency boiler, if appropriate) or §761.60(e). The equipment (e.g., transformer
carcass) must be disposed of in accordance with its classification; see 40 CFR §761.60(b)).
The concrete floor in the basement of the mill must be cleaned up for low occupancy
use. Under the self-implementing provisions, the cleanup standard is 25 ppm or less with an
institutional control such as a deed restriction (see 40 CFR §§761.61(a)(4)(i)(B) and
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Example #6: Multi-parcel, Commercial, Light Industrial, and Residential Mixed Use Property
- Use of the Self-Implementing Provision at 40 CFR §76l.6l(a) (Continued)
761.61(a)(8)). The written notification and certification requirements of 40 CFR §761.61(a)(3)
also apply (see Section V. of this Guidance (p. 27) for information concerning the notification
and EPA's review of the information). Individual occupancy of the remediated area is limited
to less than 6.7 hours a week. Verification of the cleanup standard is required using Subpart O
of 40 CFR 761 (see 40 CFR §761.61(a)(6)(i)), or a risk-based sampling plan that has been
approved by EPA (see 40 CFR §761.61(c)).
A different set of cleanup standards, engineering and institutional controls may be
proposed to the Regional Administrator in a written request for a site-specific, risk-based
approval under 40 CFR 761.61 (c). Each application must contain the information required for
the notification under the self-implementing procedures (see 40 CFR §761.61(a)(3)(i)). (See
Section III. A. and Example 5 for an illustration of where the risk-based approach has been used
for concrete flooring in an industrial setting.) EPA may use the OSWER guidance for the
superfund risk assessment (issued in 1989 and amended in 2003; see Footnote #4, page 14) as
well as the superfund PCB guidance (issued in 1990; see Footnote #5, page 15) as a reference
when reviewing any request for a risk-based approval submitted under the provisions of 40
CFR §761.61 (c) and deciding on an appropriate risk-based method for the cleanup and disposal
of PCB remediation wastes. EPA may request other information necessary to evaluate the
application and will issue a written decision on each application. EPA will approve an
application if a finding can be made that the cleanup method and associated controls will not
pose an unreasonable risk of injury to health or the environment. Unlike the self-implementing
process, the risk-based disposal approval process does not contain automatic triggers signaling
EPA approval. No person may conduct cleanup and/or related activities prior to obtaining
written approval from EPA. For additional guidance, contact the Regional PCB Coordinator.
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Table 2.
TSCA PCB Waste Management Options (NOTE: All PCS concentrations are total PCBs.)
Waste Type
Redevelopment Goal
High Occupancy
Low Occupancy
Industrial Area 1
Bulk PCB
Remediation
Waste2
including
Porous
Surfaces
Definition
z6.7 hrs/wk without dermal or respiratory protection (see 40
CFR 761.3 for the complete definition)
Cleanup standards
< 1 ppm in residual waste or porous surface w/o further
conditions
> 1 to < 10 ppm if site covered w/appropriate cap &
institutional control implemented (deed restriction)
Definition
< 6.7 hrs/wk without dermal or respiratory protection (see 40
CFR 761.3 for the complete definition)
Cleanup standards
< 25 ppm in residual waste or porous surface, unless
otherwise specified in 40 CFR 761.61(a)(4)(i)(B) &
institutional control implemented (deed restriction)
> 25 ppm to < 50 ppm if secured by fence, marked per 40
CFR 761.45 & institutional control implemented (deed
restriction)
>25 ppm to < 100 ppm w/appropriate cap & institutional
control implemented (deed restriction)
Reuse scenario assumed no access by children
under age 6 at any time.
Cleanup standards
> 5 ppm to < 10 ppm avg. in concrete w/max.
concentration 25 ppm at max. depth 15cm :
two contrasting colors of solvent resistant/
water repellent paint or epoxy were to be
applied (or a solid barrier over accessible
areas), the location was marked and
maintained by implementing a deed restriction
limiting property to industrial use only
< 5 ppm avg. in concrete w/max cone. 10 ppm
at max. depth 5 cm: a deed restriction was
implemented limiting property to industrial
use only
PCB Spills to
Porous
Surfaces3
Cleanup standards
< 10 ug/100 cm2 for spills to concrete <72 hours old
(unrestricted use)4
Continued Use of Porous Surfaces From Old Spills5: If
use/location are not changed: remove the source of
contamination; clean accessible porous surfaces and completely
cover with two solvent resistant and water repellent coatings of
contrasting colors, or fasten a solid barrier to the surface to cover
the contaminated area or all accessible parts of the contaminated
area; and place PCB ML mark where visible (§761.30(p)).
However, if the use of the contaminated surface is to change,
decontaminate < 1 ppm or remove and dispose of all
contaminated surfaces.
All Other Scenarios Involving Porous Surfaces'. Consult with
Regional PCB Coordinator.
Cleanup standards
< 10 ug/100 cm2 for spills to concrete <72 hours old
(unrestricted use) 4
Continued Use of Porous Surfaces From Old Spills': If
use/location are not changed: remove the source of
contamination; clean accessible porous surfaces and
completely cover with two solvent resistant and water
repellent coatings of contrasting colors, or fasten a solid
barrier to the surface to cover the contaminated area or all
accessible parts of the contaminated area; and place PCB ML
mark where visible (§761.30(p)). However, if the use of the
contaminated surface is to change, decontaminate to s 1 ppm
or remove and dispose of all contaminated surfaces.
All Other Scenarios Involving Porous Surfaces: Consult
with Regional PCB Coordinator.
Cleanup standards
> 5 ppm to < 10 ppm avg. in concrete w/max.
concentration 25 ppm at max. depth 15cm :
two contrasting colors of solvent resistant/
water repellent paint or epoxy were to be
applied (or solid barrier over accessible areas),
the location was marked and maintain by
implementing a deed restriction limiting
property to industrial use only
< 5 ppm avg. in concrete w/max cone. 10 ppm
at max. depth 5 cm: a deed restriction was
implemented limiting property to industrial
use only
•p
10
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23
Waste Type
Redevelopment Goal
High Occupancy
Low Occupancy
Industrial Area '
Non-porous
Surfaces6
Contaminated
by PCB Spills
Definition
zl6.8 hrs/wk without dermal or respiratory protection (see 40
CFR 761.3 for the complete definition)
Cleanup standards
< 10 ug/100 cm2 w/o further conditions
Definition
< 16.8 hrs/wk without dermal or respiratory protection (see
40 CFR 761.3 for the complete definition)
Cleanup standards
<100 ug/100 cm2 with institutional control implemented (deed
restriction)
Reuse scenario assumes no access by children
under age 6 at any time.
Cleanup standards
< 10 ug/100 cm2 w/o further conditions for
high occupancy
<100 ug/100 cm2 with institutional control
implemented (deed restriction) for low
occupancy
Liquid PCBs
Cleanup standards
Water: <200 ppb PCBs for non-contact use in a closed system; or
<3 ppb PCBs for discharges to treatment works or
navigable waters or PCB discharge limit in CWA Sec.
307(b) or 402 permit; or
<0.5 ppb PCBs for unrestricted use.
Organic liquids & non-aqueous inorganic liquids: <2 ppm PCBs.
Cleanup standards
Water: <200 ppb PCBs for non-contact use in a closed
system; or
<3 ppb PCBs for discharges to treatment works or
navigable waters or PCB discharge limit in CWA Sec.
307(b) or 402 permit; or
<0.5 ppb PCBs for unrestricted use.
Organic liquids & non-aqueous inorganic liquids: <2 ppm
PCBs.
Cleanup standards
Water: <200 ppb PCBs for non-contact use in
a closed system; or
<3 ppb PCBs for discharges to treat-
ment works or navigable waters or
PCB discharge limit in CWA Sec.
307(b) or 402 permit; or
<0.5 ppb PCBs for unrestricted use.
Organic liquids & non-aqueous inorganic
liquids: <2 ppm PCBs.
1 These cleanup standards are an example of standards used for a risk-based cleanup which required approval from the Regional Administrator. These procedures,
standards, and controls may be appropriate for other sites presenting comparable exposure scenarios, although each risk-based application will be evaluated on its
merits and approved or disapproved on a site-specific basis.
2 Including but not limited to: environmental media containing PCBs, such as soil, sediment, dredged materials, muds, PCB sewage sludge, industrial sludge and gravel;
and soil, rags and other debris generated as a result of a PCB spill; see full definition for PCB remediation waste at 40 CFR §761.3.
3 Including but not limited to: floors, walls, and ceilings, made of concrete, brick, wood, plaster, etc.; see full definition for Porous surface at 40 CFR §761.3.
4 Spill cleanup requirements for recent spills (<72 hours old) to porous surfaces which may occur during PCB remediation activities are managed differently than old
spills (see 40 CFR §761.79(b)(4), and §761.125(b) or (c)).
5 This is an authorization for the continued use of contaminated surfaces (40 CFR §761.30(p)). Conditions apply when spills of liquid PCBs were at concentrations of
s50 ppm which resulted in porous surface contamination at levels of >10ug/100cm2. While contaminated porous surfaces of < lOug/lOOcm2 may continue to be used
without complying with the conditions of 40 CFR §761.30(p), PCB contamination of the porous surface must remain at levels of < lOug/lOOcm2.
6 Including but not limited to: smooth surfaces of metal, glass, glazed ceramic; marble, granite; see full definition for Non-porous surface at 40 CFR §761.3.
10
00
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24
IV. What are the Appropriate Disposal Requirements?
A. Disposal Requirem ents for PCS Rent ediation Waste
PCB remediation wastes must be disposed of using one (or a combination, if appropriate) of
the approved disposal options (see Table 3, p. 25, for a summary of these options). Non-liquid cleanup
waste (e.g., non-liquid cleaning materials, personal equipment) at any concentration and bulk PCB
remediation wastes at concentrations of less than 50 ppm (<50 ppm) may be disposed of at: an
approved PCB disposal facility; or when disposed pursuant to Sec. 761.61 (a) or (c), a permitted
municipal solid waste or non-municipal non-hazardous waste facility; or a RCRA Sec. 3004 or Sec.
3006 permitted hazardous waste landfill. Manifesting and recordkeeping requirements do not apply
(40 CFR §§761.61(a)(5)(i)(B)(2)(ii) and 761.61(a)(5)(v)(A)). Bulk PCB remediation waste at
concentrations of 50 ppm or greater (^50 ppm) must be disposed of in a RCRA Sec. 3004 or 3006
permitted hazardous waste landfill or an approved PCB disposal facility (e.g., incinerator, chemical
waste landfill; via an approved alternate disposal method or coordinated approval; a brief description
is provided below). (40 CFR §761.61(a)(5)(i)(B)(2)(iii).) A current listing of EPA approved TSCA
PCB disposal facilities can be found on the EPA's PCB website at www.epa.gov/pcb under "PCB
Waste Handlers."
(1) hi an incinerator approved by an EPA Regional Administrator or the Director,
National Program Chemicals Division in the Office of Pollution Prevention and Toxics
in accordance with technical specifications and procedural requirements at 40 CFR
§761.70.
(2) In a chemical waste landfill approved by an EPA Regional Administrator in
accordance with the technical specifications and procedural requirements at 40 CFR
§761.75 (non-liquid PCB waste only).
(3) In a hazardous waste landfill that has been permitted by EPA under section 3004
of RCRA, or by a State authorized under section 3006 of RCRA (non-liquid PCB
waste only).
(4) Using an alternate disposal technology (e.g., chemical dechlorination) that has
been approved by an EPA Regional Administrator or the Director, National Program
Chemicals Division in the Office of Pollution Prevention and Toxics as achieving a
level of performance equivalent to an incinerator. This disposal option is only available
for wastes such as PCB liquids, PCB articles, PCB transformers, PCB capacitors, PCB
hydraulic machines, PCB-contaminated electrical equipment. (Specific requirements
are located at 40 CFR §761.60(e).)
(5) hi accordance with a TSCA PCB Coordinated Approval issued by an EPA
Regional Administrator for the Region in which the PCB activity is located pursuant to
the requirements specified at 40 CFR §761.77. Under a Coordinated Approval, the
Regional Administrator may accept, with or without additional conditions, PCB
cleanup requirements which are implemented under a different authority.
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25
(6) In accordance with a TSCA PCB risk-based disposal approval issued by an EPA
Regional Administrator for the Region in which the PCB activity is located in response
to a written request to sample, cleanup or dispose of PCB remediation waste in a
manner which is not provided for in the regulations. (Specific requirements are located
at 40CFR§761.61(c).)
Individuals who generate PCB wastes at concentrations of 50 ppm or greater must use a
manifest (e.g., a Uniform Hazardous Waste Manifest) to ship that waste off-site, except as provided
at 40 CFR §§761.61(a)(5)(i)(B)(2)(ii) and 761.61(a)(5)(v)(A). A signed copy of each manifest must be
retained for a period of three years (40 CFR §761.209(a)). The generic PCB identification number
(i.e., "40 CFR Part 761") is required to be used on the manifest by individuals who do not have a waste
storage facility on site; i.e., only those generators of PCB waste who are exempt from the notification
requirements at 40 CFR §761.205. However, individuals may prefer to have a unique EPA
identification number which is obtained by submitting a Notification of PCB Activity using EPA Form
7710-53 in accordance with the PCB requirements at 40 CFR §§761.202 and 761.205; this form is
available on the PCB website at www.epa.gov/pcb under "Databases and Forms." This Guidance does
not authorize the re-disposal of PCB waste on site without obtaining the necessary PCB disposal
approvals.
Table 3.
Disposal Options for PCB Remediation Waste
Disposal Option
(A)
(B)
(C)
(D)
(E)
(F)
Approved incinerator
Approved chemical waste landfill
RCRA permitted landfill
Alternate disposal approval
TSCA PCB Coordinated Approval
TSCA PCB risk-based disposal
approval
Applicable Regulations/Specifications
40 CFR §761. 70
40 CFR §761.75
RCRA Sec. 3004 or State authorized under RCRA Sec. 3006
Issued in accordance with 40 CFR §761.60 (e)
Issued under 40 CFR §761 .77
Issued under 40 CFR §761.61(c) for on-site disposal
only
B. Disposal Requirements for Other PCB Wastes
For other types of PCB waste, the specific PCB requirements are listed below and summarized
in Table 4, p. 26.
(1) Dispose of PCB containing electrical equipment (e.g., transformers, mining
equipment, heat transfer systems, hydraulic systems, electromagnets, switches, voltage
regulators) and PCB containers in an incinerator, chemical waste landfill or as
otherwise specified in accordance with 40 CFR §§761.60(b) and (c).
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26
(2) Dispose of PCB bulk product waste (i.e., items originally manufactured with PCBs
as a component or contaminant in a non-liquid state at PCB concentrations of 50 ppm
or greater - dried paint, caulking, etc.) in an incinerator, chemical waste landfill, or as
otherwise specified in accordance with 40 CFR §761.62.
Table 4. Other PCB Wastes
f
Other Types of PCB Waste Requiring Disposal
(A) PCB containing electrical equipment (e.g. transformers,
mining equipment, heat transfer systems, hydraulic systems,
electromagnets, switches, voltage regulators ) and PCB containers
(B) PCB Bulk Product Waste ( i.e. items originally manufactured
with PCBs as a component or contaminant in a non-liquid state at
PCB concentrations > 50 ppm - dried paint, caulking, etc.)
Applicable
Regulations/Specifications
40CFR§§761.60(b)& (c)
40 CFR §761. 62
C. Other Applicable Requirements in the TSCA PCB Regulations
To appropriately address PCB wastes at sites of contamination and comply with Part 761, the
following TSCA PCB regulations must be followed where applicable. A summary of these
requirements is provided in Table 5 (see p. 27).
(1) Cap requirements which limit exposure to PCBs that have been disposed of by
means of land containment pursuant to 40 CFR §761.61(a)(7);
(2) Recordkeeping requirements which document the various aspects of the cleanup,
such as the source of the contamination, estimated or actual date of contamination,
completion date of the cleanup, location and description of the contamination, pre-
cleanup sampling data, description of solid surfaces that were cleaned, approximate
depth of soil excavation and the amount of soil removed, and post-cleanup verification
sampling data (see 40 CFR §§761.61(a)(9) and 761.79(f));
(3) Storage of PCB waste which is in compliance with the technical requirements for a
PCB facility (e.g., adequate roof, walls and floors; no drains or other openings, floors
and curbing of Portland cement or other acceptable materials; and not located below the
100-year flood water elevation). Subject to certain conditions (see the provision at 40
CFR §761.65(c)(9)), bulk PCB remediation waste maybe stored at the cleanup site or
site of generation for 180 days. PCB wastes also may be stored in compliance with
RCRA Sec. 3004 and Sec. 3005, or in a State authorized Sec. 3006 unit permitted for
hazardous waste (for specific storage options, see 40 CFR §761.65);
(4) Notification and manifesting requirements for off-site movement of PCB waste
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27
(5)
(6)
(7)
for purposes of storage and/or disposal pursuant to 40 CFR Part 761, Subpart K;
Marking requirements for the disposal of PCBs when residual waste is left on
site (see 40 CFR §761.61(a)(4)(B)) and when PCB wastes are being stored or
transported (see 40 CFR §761.40(h));
PCB use authorizations for contaminated equipment, structures, other non-liquid
liquid materials that have been decontaminated pursuant to the applicable
decontamination procedures (see 40 CFR §761.30(u)); and
Spill cleanup requirements for recent spills (<72 hours old) to porous
surfaces which may occur during PCB remediation activities are managed differently
than old spills. The cleanup standard is less than or equal to 10 micrograms per 100
square centimeters (<10 ug/100 cm2). (See 40 CFR §§761.79(b)(4) and 761.125(b) or
(c).)
or
Table 5. Other Applicable Requirements in the TSCA PCB Regulations
Activity
Caps
Recordkeeping
Storage
Notification and Manifesting
Marking for Disposal
Use of Decontaminated Equipment,
Structures, or Other Non-liquid and
Liquid Materials
Cleanup of Recent Spills (<72 hours
old) to Concrete
Applicable Regulations/Specifications
40 CFR §761. 61 (aXT)
40 CFR §76 1.61 (a) (9)
40 CFR §761. 65
40 CFR 761 Subpart K
40 CFR §761.61(a)(4)(B) on site residual;
40 CFR §761.40(h) storage and/or transport
40CFR§761.30(u)
40 CFR §§761.79(b)(4) and 761.125(b) or (c)
V. Notification and Review
Written notification as described in the PCB remediation waste provision at 40 CFR
§761.61(a)(3)(i)(A) - (E) must be provided at least 30 days prior to the date that the cleanup of a site
begins. Notification must be sent to the EPA Regional Administrator (ATTN: Regional PCB
Coordinator), the Director of the State or Tribal environmental protection agency, and the Director of
the county or local environmental protection agency where the cleanup will be conducted. If the EPA
Regional Administrator does not respond within 30 calendar days of receiving the notice, the person
submitting the notification may assume that it is complete and acceptable and proceed with the cleanup
according to the information that was provided to the EPA Regional Administrator (see 40 CFR
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28
§761.61(a)(3)(ii)). Applicants for EPA Brownfields grants may eliminate any duplication of effort in
complying with the notification requirement at 40 CFR §761.61(a)(3)(i)(A)-(E) by submitting the
Brownfields grant application (or appropriate portion(s) of the application) provided it contains the
information that is required for the notification. A copy of the relevant portion(s) of the grant
application plus any supplemental information that may be needed to satisfy the notification
requirement may be forwarded to the Regional PCB Coordinator under a cover letter which identifies
the portions of the grant application materials that respond to each of the requirements at 40 CFR
§761.61(a)(3)(i)(A)-(D). Remember to include the written certification required by 40 CFR
§761.61(a)(3)(i)(E).
Once cleanup is underway, the person conducting the cleanup must provide any proposed
changes from the notification to the EPA Regional Administrator (ATTN: Regional PCB Coordinator)
in writing no less than 14 calendar days prior to the proposed implementation of the change. The EPA
Regional Administrator will determine whether to accept the change and will respond verbally within
7 calendar days and in writing within 14 calendar days of receiving the notification. If the EPA
Regional Administrator does not respond within these time frames, the change notice may be deemed
to be acceptable and the cleanup may proceed according to the information that was provided to the
EPA Regional Administrator (see 40 CFR §761.61(a)(3)(ii)). A summary of the notification
requirements is provided in Table 6 below.
Table 6,
Notification and Review for Sites with PCB Contamination
Specific Requirements
Notice Recipients
Time Frame
Action
40 CFR §§761.61 (a)(3)(i)(A)-
(E) and 40 CFR 761.61 (a)
U.S. EPA Regional
Administrator (ATTN:
Regional PCB Coordinator),
- Director of State or Tribal
environmental agency, and
Director of County or Local
environmental agency.
Submit notice 30 days
prior to start of cleanup.
Once the cleanup is
underway, submit notice
to the EPA Regional
Administrator (ATTN:
Regional PCB
Coordinator) 14 days
prior to implementing
any changes to an
approved cleanup plan.
If EPA does not respond
within 30 days of receipt
of the notification,
cleanup may proceed.
If EPA does not respond
(within 7 days verbally
and 14 days in writing)
to the change notifi-
cation, the change may
be implemented.
VI. Consultation with USEPA Regional PCB Coordinators and State Officials
There may be occasions when this Guidance does not fully address a specific cleanup scenario,
e.g., a large cleanup site for which the guidance maybe inappropriate; alternative risk-based sampling
approaches which require EPA approval under the TSCA PCB regulations at 40 CFR §761.61(c). An
application for a risk-based approval is required whenever the proposed cleanup and disposal practices
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29
would fail to satisfy the requirements of the TSCA PCB regulations (i.e., the self-implementing
provision at §761.61(a) or the performance-based requirements at §761.61(b)). hi those situations,
owners of sites contaminated with PCBs are encouraged to contact the Regional PCB Coordinator. A
listing of the Regional PCB Coordinators follows. The most current listing of the Regional PCB
Coordinators can always be found on the EPA's PCB website at www.epa.gov/pcb under "EPA
Regional Contacts."
Finally, EPA cannot emphasize too strongly the importance of ensuring that cleanup activities
adequately address the requirements of both Federal and State environmental programs. Individuals
are encouraged to discuss their PCB issues with the appropriate USEPA and State environmental
official to ensure the cleanup is accomplished in a manner which satisfies the cleanup requirements
and goals of both programs.
USEPA Region 1. Boston. MA: (Covering CT, MA, ME, NH, RI, and VT)
Telephone:
Address:
617-918-1527
EPA-New England Regional Administrator
ATTN: PCB Coordinator (Mail Code: CPT)
U.S. Environmental Protection Agency-New England
1 Congress Street, Suite 1100
Boston, MA 02114-2023
USEPA Region 2. Edison. NJ; (Covering NJ, NY, PR, and VI)
Telephone:
Address:
732-906-6179
Regional Administrator
ATTN: PCB Coordinator (Mail Code: MS 105)
U.S. Environmental Protection Agency Region 2
2890 Woodbridge Avenue
Edison, NJ 08837
USEPA Region 3. Philadelphia. PA:
(Covering DE, DC MD, PA, VA, and WV)
Telephone:
Address:
215-814-2177
Regional Administrator
ATTN: PCB Coordinator (Mail Code: 3WC33)
U.S. Environmental Protection Agency Region 3
1650 Arch Street
Philadelphia, PA 19103-2029
USEPA Region 4. Atlanta. GA: (Covering AL, FL, GA, KY, MS, NC, SC, and TN)
Telephone: 404-562-8990
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Address:
30
Regional Administrator
ATTN: PCB Coordinator
U.S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303-8960
USEPA Region 5. Chicago. IL: (Covering IL, IN, MI, MN, OH, and WI)
Telephone:
Address:
312-353-2291
Regional Administrator
ATTN: PCB Coordinator (Mail Code: DT-8J)
U.S. Environmental Protection Agency Region 5
77 W. Jackson Boulevard
Chicago, IL 60604
USEPA Region 6. Dallas. TX: (Covering AR, LA, NM, OK, and TX)
Telephone:
Address:
214-665-7579
Regional Administrator
ATTN: PCB Coordinator (Mail Code: 6EN-AT)
U.S. Environmental Protection Agency Region 6
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
USEPA Region 7. Kansas City. KS; (Covering LA, KS, MO, and NE)
Telephone:
Address:
913-551-7395
Regional Administrator
ATTN: PCB Coordinator (Mail Code: ARTD/CRLB)
U.S. Environmental Protection Agency Region 7
901 North 5th Street
Kansas City, KS 66101
USEPA Region 8. Denver. CO: (Covering CO, MT, ND, SD, UT, and WY)
Telephone:
Address:
303-312-6027
Regional Administrator
ATTN: PCB Coordinator (Mail Code: 8P-P3T)
U. S. Environmental Protection Agency Region 8
999 18th Street
Denver, CO 80202-2466
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31
USEPA Region 9. San Francisco. CA: (Covering AZ, CA, HI, NV, AS, and GU)
Telephone: 415-947-4163
Address: Regional Administrator
ATTN: PCB Coordinator (Mail Code: CMD-4)
U.S. Environmental Protection Agency Region 9
75 Hawthorne Street
San Francisco, CA 94105
USEPA Region 10. Seattle. WA: (Covering AK, E), OR, and WA)
Telephone: 206-553-6693
Address: Regional Administrator
ATTN: PCB Program Manager (Mail Code: AWT-128)
U.S. Environmental Protection Agency Region 10
1200 Sixth Avenue
Seattle, WA 98101-1128
VII. Typical and Worst Case Scenarios for the Management of PCB Wastes
EPA does not have prescriptive procedures for cleaning porous surfaces contaminated by spills
of liquid PCBs. Rather, the selected procedures would be based on site-specific conditions, including
PCB concentration and degree of PCB migration into the concrete. If the cleanup of the concrete floor
or walls do not meet the criteria for low or high occupancy areas, the owner may apply to the Regional
Administrator for a risk-based cleanup approval under 40 CFR §761.61(c) or an alternate
decontamination approval under 40 CFR §761.79(h) in order to establish different cleanup levels and
different engineering and/or administrative controls.
A. Typical Cleanup Situation and Applicable Responses
Background: An abandoned warehouse (or factory) is being redeveloped for use as an office
building. PCB fluids were found stored in the basement, and PCB-containing paint had been used
previously to cover the floor/walls (which are porous) of the basement. It has not been determined
whether the painted floor/walls have also been contaminated by spills of PCB fluids. No PCB
contamination has been found on the upper floors. Restrictions on the use of the basement are
contingent upon the cleanup level achieved for that area. No restrictions apply to the upper floors,
where PCB contamination has not been found.
Beginning the Cleanup. There are at least two sources of PCB contamination in the basement
in this example: the liquid PCBs and the PCB-contaminated paint. The liquid PCBs stored in the
basement should be removed and incinerated in a permitted TSCA incinerator (40 CFR §761.60(a)) or
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32
by an alternate disposal technology approved by EPA (40 CFR §761.60(e)). A list of currently
approved disposal facilities can be found at the PCS website, www.epa.gov/pcb.
The floor/walls with surfaces of PCB-contaminated paint could be either PCS bulk product
waste or bulk PCB remediation waste. The disposal requirements are based on the type of PCB waste,
that is, the actual PCB source; e.g., was the item soiled by PCBs (remediation waste) or was the non-
liquid item manufactured with PCBs (bulk product waste).
Managing PCB Bulk Product Waste. If the PCB-contaminated paint is the only source of the
contamination on certain portions of the porous floor/walls, the PCB waste is a PCB bulk product
waste; see 40 CFR §761.3. Disposal of the bulk product waste must be in accordance with 40 CFR
§761.62(a) or (b), or, as with PCB remediation waste, there is an option to deviate from the
requirements for the disposal of PCB bulk product waste if the proposed activities can be justified
based on an evaluation of the risk; see 40 CFR §761.62(c). Decontamination in accordance with 40
CFR §761.79 is also an option for disposing of this waste; see 40 CFR §761.62(a)(5). Following
removal of the PCB-contaminated paint, sampling of the bare porous surface (e.g., walls/floor) is
strongly recommended to determine whether additional cleanup measures are needed. If the PCBs
have leached into the concrete (from either the paint application or the combination of applied PCB
paint and spilled liquid PCBs), additional cleanup may be required. At that point, the concrete is
generally considered a bulk PCB remediation waste, and the procedures listed below for bulk PCB
remediation waste should be followed.
Self-Implementing Cleanup Requirements for PCB Remediation Waste: IfthePCB-painted
concrete is a bulk PCB remediation waste because it was contaminated from a spill of liquid PCBs or
PCBs that have leached from the paint into the concrete, the concrete must be cleaned up or removed
and disposed of per 40 CFR §761.61(a). Otherwise, concrete painted with PCB-containing paint (e.g.,
floor/walls) should be treated as PCB bulk product waste; see the discussion above on PCB bulk
product waste. At least thirty (30) days prior to initiating cleanup activities, provide written
notifications to the EPA Regional Administrator (ATTN: Regional PCB Coordinator), the Director of
the State or Tribal environmental protection agency, and the Director of the county or local
environmental protection agency where the cleanup will be conducted per 40 CFR
§761.61(a)(3)(i)(A)-(E). These notifications are required only for PCB remediation waste. Cleanup
levels are determined based on the intended use of the building and contaminated medium. Post-
cleanup verification sampling of the porous surfaces (e.g., floor/walls) is required to determine that the
cleanup standards have been met. Follow the verification sampling procedures as required in 40 CFR
§761.61(a)(6), Subpart O, or a verification sampling plan approved under a risk-based approval (40
CFR 761.61 (c)). Another option for PCB remediation waste is to apply for a risk-based cleanup and
disposal approval per 40 CFR §761.61(c). Under this provision, decisions regarding the sampling,
cleanup levels and disposal of PCB remediation waste are based on an evaluation of the risk of
exposure to PCBs as a result of the proposed activities. PCB contamination located in a limited
portion of the property would not otherwise affect the use of those portions of the property where no
PCB contamination exists.
Porous Materials: The cleanup level for PCB remediation waste in the form of porous
surfaces in a high occupancy area is one part per million or less (< 1 ppm) without further conditions.
The cleanup level for porous surfaces in a low occupancy area is 25 ppm or less (<25 ppm) with a
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33
deed restriction. Cleanup levels not specified at 40 CFR §761.61 (a) also may be appropriate based on
an assessment and evaluation of the resulting risks under an approval issued by the Regional
Administrator for a risk-based sampling, cleanup or disposal procedure (40 CFR §761.61(c)) or for an
alternative decontamination or sampling procedure (40 CFR §761.79(h)). For example, in one risk-
based cleanup where the site would be used after cleanup for industrial use, the Agency approved the
following cleanup levels. Use of the site by children under the age of six was prohibited. The cleanup
levels for porous surfaces were: (1) an average concentration of greater than 5 ppm (>5 ppm) but less
than or equal to 10 ppm (< 10 ppm) in concrete with a maximum concentration of 25 ppm at a depth of
15 centimeters (15 cm or 6 inches) provided a deed restriction limiting the use of the basement to an
industrial use only, plus two applications of a paint or epoxy coating of contrasting colors (or a barrier
over accessible areas) and posting the PCB ML mark are implemented; or (2) an average concentration
of less than or equal to 5 ppm (<5 ppm) in concrete with a maximum concentration of 10 ppm at 5
centimeters (5 cm or 2 inches) provided that there was a deed restriction limiting the use of the site to
an industrial use only (refer to Table 2).
Storage and Disposal Requirements: Storage of PCB waste must be in conformance with 40
CFR §761.65 (e.g., a TSCA PCB facility; a RCRA Sec. 3004, Sec. 3005 or Sec. 3006 State authorized
hazardous waste storage unit) if any PCB wastes are to be stored prior to disposal. All PCB wastes are
required to be disposed of properly. PCB bulk product waste must be disposed of in accordance with
40 CFR §761.62. Non-liquid cleanup waste (e.g., non-liquid cleaning materials, personal equipment)
at any concentration and bulk PCB remediation wastes at concentrations of less than 50 ppm (<50
ppm) may be disposed of at: an approved PCB disposal facility, a permitted municipal solid waste or
non-municipal non-hazardous waste facility under 40 CFR 761.61 (a) or (c), or a RCRA Sec. 3004 or
Sec. 3006 permitted hazardous waste landfill; manifesting and recordkeeping requirements do not
apply (40 CFR §§761.61(a)(5)(i)(B)(2)(ii) & 761.61(a)(5)(v)(A)). Bulk PCB remediation waste at
concentrations of 50 ppm or greater (^50 ppm) must be disposed of in a RCRA Sec. 3004 or 3006
permitted hazardous waste landfill or an approved PCB disposal facility (e.g., incinerator, chemical
waste landfill; an approved alternate disposal method or coordinated approval). (See 40 CFR
§761.61 (a)(5)(i)(B)(2)(iii).) A Uniform Hazardous Waste Manifest must accompany PCB waste at
concentrations of 50 ppm or greater (>50 ppm) to any off-site storage or disposal facilities (see 40
CFR §761.208), except as provided at 40 CFR §§761.61(a)(5)(i)(B)(2)(ii) and 761.61(a)(5)(v)(A). A
signed copy of each manifest must be retained for a period of three years (40 CFR §761.209(a)). The
notification and certification and cleanup records required under 40 CFR §761.61 (a) must be retained
for five years (40 CFR §§761.61(a)(9) and 761.125(c)(5)). The requirements for annual records and
the annual document log at 40 CFR §761.180(a) are relevant only //the quantity of PCBs used or
stored at any one time is at least 45 kilograms (99.4 pounds) of PCBs.
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34
TYPICAL PCB WASTE MANAGEMENT CLEANUP SCENARIO
Background: This chart is a summary of the information that was presented in the example at Section VII. A. An abandoned warehouse is being
redeveloped as an office building. PCB fluids were found in the basement, and PCB-containing paint had been used to cover the floor/walls (which are
porous) of the basement. No PCB contamination has been found on the upper floors. Restrictions on the use of the basement are contingent upon the
cleanup level achieved for that area. No restrictions apply to the upper floors where PCB contamination has not been found. Cleanup activities may be
completed in any number of ways; therefore, this chart should not be considered a comprehensive listing of all applicable requirements. Consult the
Regional PCB Coordinator whenever you have questions or require assistance.
ACTIVITY
- Properly containerize PCB fluids for
transport to a permitted storage facility or
TSCA permitted incinerator.
- Complete Uniform Hazardous Waste Manifest.
- Manifest must include an EPA identification
number, either the generic "40 CFR Part 761"
or an unique EPA ID number.
- Retain signed copy of all manifests for at least
3 years from the date the PCB waste was
accepted by the initial transporter.
TIME FRAME
- Immediate removal is recommended;
removal of liquids does not require a
§761.61(a) notification.
EPA RESPONSE, WHERE NEEDED
- Not applicable.
- For PCB bulk product waste, submit §761.62(c) application and
await approval of the method to remove PCB-containing
paint from floor/walls of the basement.
- Dispose of the paint as PCB bulk product waste.
(See disposal requirements below.)
- After the PCB-containing paint has been
removed, sample bare porous surfaces.
- Submit at any time, but paint removal
activities may not commence before receipt
of EPA approval under §761.62(c).
RA may issue a risk-based approval under
§761.62(c), request additional information
or deny the request. There is no regulatory
time frame for the approval to be issued.
- Self-implementing Cleanup Notification. Notify: RA, USEPA
(ATTN: PCB Coord.), Director, State or Tribal EPA, and
Director, County or Local EPA (see §761.61(a)(3)).
- 30 days prior to cleanup. Required only if waste
meets criteria of PCB remediation waste.
- If EPA does not respond within 30 days of
receiving the notification, you may proceed with
cleanup. Otherwise, address concerns identified
by the RA before initiating cleanup.
•p
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35
ACTIVITY
- If PCBs have migrated into porous materials,
generally handle as bulk PCS remediation waste.
(See disposal requirements below.)
- Clean up contaminated porous areas;
s 1 ppm for high occupancy without furhter
conditions, <25 ppm w/deed restriction for
low occupancy (see requirements at
§761.61(a)(3) for notification & (4) for
cleanup levels), or as approved based on a
§761.61(c) risk evaluation.
- Verify cleanup per sampling as required
by §761.61(a)(6) and Subpart O (or via
a risk-based approval).
- Several options for storage of waste prior to disposal (see
761.65): permitted TSCA PCB storage facility or RCRA Sec.
3004, 3005 or 3006 State authorized hazardous waste
storage unit. The TSCA annual records and annual docu-
ment log requirements are not applicable if the quantity of
PCBs used/stored at any one time is less than 45 kilograms
(99.4 pounds).
- Disposal options for PCB bulk product waste. Performance-
based options include: a TSCA permitted incinerator
or chemical waste landfill, a hazardous waste landfill
permitted or authorized under RCRA Sec. 3004 or 3006,
a TSCA approved alternate disposal technology, decon-
tamination under §761.79, or a TSCA PCB Coordinated
Approval. Certain PCB bulk product wastes may be
disposed of in a solid waste landfill, see §761.62(b)
for specifics. A risk-based disposal approval is also
available under §761.62(c).
- Disposal options for bulk PCB remediation wastes that
include non-liquid cleanp waste, at any concentration, and
less than 50 ppm bulk PCB remediation waste are: a TSCA
permitted PCB disposal facility, a permitted RCRA Sec.
TIME FRAME
- If sampling is to be conducted per a §761.61 (c)
approval, await receipt of approval from EPA.
EPA RESPONSE. WHERE NEEDED
- If a request is submitted to the RA for a risk-
based sampling, cleanup or disposal approval
under §761.61 (c), there is no regulatory time frame
for the approval to be issued.
- EPA recommends storage for no longer than
9 months in order to ensure disposal occurs within
the mandatory 1-year time frame.
- Not applicable.
- Must be disposed of within 1 year of the date
the PCB waste was designated for disposal.
- Not applicable.
Must be disposed of within 1 year of the date
the PCB waste was designated for disposal.
- Not applicable.
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36
ACTIVITY
3004 or 3006 hazardous waste landfill, or when disposed
pursuant to §761.61 (a) or (c), a permitted municipal
solid waste or non-municipal non-hazardous waste
facility. Manifesting and recordkeeping requirements
are not applicable. All other bulk PCB remediation
wastes must be disposed of in either a TSCA permitted
PCB disposal facility, or a permitted RCRA Sec. 3004
or 3006 hazardous waste landfill, or pursuant to an
approval issued under §761.61(c). These wastes are
subject to the TSCA manifesting and reporting
(§761.202-.218) and recordkeeping (§761.180(a))
requirements.
TIME FRAME
EPA RESPONSE. WHERE NEEDED
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p. 42
37
B. Worst Case Cleanup Scenario
Background: An abandoned facility is being proposed for revitalization as a day care center.
The facility is a single building with walls and floors constructed of concrete. The concrete floors are
coated with paint that has been subsequently contaminated by spills of liquid PCBs. The concrete walls
are bare, but have been contaminated by spills of liquid PCBs. The liquid PCBs are the only known
source for PCB contamination (e.g., the paint does not contain PCBs). For self-implementing cleanups
under 40 CFR §761.61 (a), the pre-cleanup notifications and storage and disposal requirements
previously mentioned in the example in Section VELA, apply.
Management of Concrete Floors: The concrete floors are covered with a coating (paint), that
was subsequently contaminated by spills of liquid PCBs. The PCB contamination may reside only in the
paint, or the PCB contamination may have migrated through the paint to the underlying concrete floor.
hi order for the building to be reused as a day care center (i.e., high occupancy area), the contaminated
concrete floor (i.e., bulk PCB remediation waste) must be cleaned to the applicable standard (refer to
Table 2). If the spill is less than 72 (<72) hours old, the concrete floor must be cleaned to a level of less
than 10 ug/100 cm2 (<10 ng/100 cm2) for unrestricted use (40 CFR §761.79(b)(4)). If the spill is greater
than 72 (>72) hours old, the contaminated concrete must be decontaminated (see 40 CFR §761.79(h)) or
removed and disposed of as a bulk PCB remediation waste in accordance with 40 CFR §761.61(a) or a
risk-based cleanup and disposal approval per 40 CFR §761.61(c). For site characterization, follow the
concrete coring procedures of either 40 CFR Part 761, Subpart N, Appendix A or another procedure
which produces reliable results. Core sampling will help to determine the extent to which the PCBs may
have migrated through the paint into the concrete floor. Post-cleanup verification sampling of the
porous surfaces (e.g., walls/floors) is required to confirm the cleanup standards have been met. Post-
cleanup verification sampling is required pursuant to 40 CFR §761.61(a)(6) and Subpart O, or a
verification sampling plan under a risk-based cleanup and disposal approval issued by an EPA Regional
Administrator. The use authorization for porous surfaces contaminated by an old spill (40 CFR
§761.30(p)) is not applicable to this project as the use of the building will change to a day care center.
Management of Concrete Walls: The concrete walls are contaminated by spills of liquid PCBs.
In order to be reused as a day care center, the walls must be cleaned to an applicable standard. If the spill
is less than or equal to 72 (<72) hours old, the concrete walls must be cleaned to a level of less than 10
ug/100 cm2 (<10ug/100 cm2) for unrestricted use (40 CFR §761.79(b)(4)). If the spill is greater than 72
(>72) hours old, the contaminated concrete must be decontaminated (see 40 CFR §761.79(h)), or
removed and disposed of as a bulk PCB remediation waste in accordance with 40 CFR §761.61(a) or a
risk-based cleanup and disposal approval per 40 CFR §761.61(c). The use authorization for porous
surfaces contaminated by an old spill is not applicable to this project as the use of the building will
change to a day care center.
C. PCB Contamination and Reuse Scenarios
In addition to the "typical" and "worst case" cleanup scenarios discussed above, Table 7 (p. 39)
provides additional examples of potential reuse scenarios where PCB remediation may be required.
Applicable cleanup requirements for PCB remediation wastes are based on the intended reuse of the
property; i.e., high or low occupancy, and the type of contaminated material. The reader is cautioned not
to rely on this chart alone, and is encouraged to contact the Regional PCB Coordinator (see Section VI,
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p. 43
38
p. 28) and, if applicable, the appropriate State environmental officials). In addition to the actual
cleanup, individuals should:
(1) Identify all abandoned PCBs and PCB-containing equipment and comply with the
disposal requirements of 40 CFR §761.60:
remove PCB fluids where required under 40 CFR 761.60(b) and incinerate per
§761.60(a);
remove and dispose of PCB Articles per §761.60(b) (e.g., PCB-containing
equipment such as transformers, capacitors, hydraulic machines, electrical
equipment, etc.) in a TSCA incinerator, chemical waste landfill or municipal solid
waste or non-municipal non-hazardous waste facility, where allowed, or via
approved decontamination procedures; and
remove and dispose of PCB containers per §761.60(c) in an incinerator, or after
draining, in a chemical waste landfill, or if applicable, a municipal solid waste
facility.
(2) Dispose of PCB remediation waste (e.g., soil, sediments, dredged materials, muds, PCB
sewage sludge, industrial sludge, rags and other debris) in compliance with any number
of options that are available under 40 CFR 761.61 (a) for a self-implementing cleanup (see
40 CFR §761.61(a)(5)); e.g., TSCA incinerator or chemical waste landfill, soil washing
procedures, RCRA Sec. 3004 or 3006 hazardous waste landfill, municipal solid waste or
non-municipal non-hazardous waste facilities, or decontamination).
(3) When storage is required, PCB wastes at concentrations of 50 ppm or greater shall be
placed in a storage facility in compliance with §761.65. Disposal is required within 1-
year of the date that the decision was made to dispose of the waste per §761.65(a)(l).
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39
Table 7.
PCS Contamination and Reuse Scenarios (NOTE: All PCB concentrations are total PCBs.)
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Warehouse with PCB-
contaminated paint on
floor and walls
Note: No other
source(s) of PCBs are
present or were
known to be used at
the site.
Shopping malls
Residential townhouses
Public facilities including medical
facilities, schools, recreational
centers
Mixed use:
Ground floor - commercial
Upper floors - offices &
residential
High occupancy
TSCA Cleanup standards
In this scenario, the issue is the proper
management of PCB bulk product
waste. There is no cleanup standard
for this type of waste in 761.62.
However, post- paint removal use of
the area must be in compliance with
761.30(u) which requires
contaminated materials to be
decontaminated via a TSCA PCB
disposal approval, pursuant to an
applicable standard in 761.79 or in
accordance with an applicable EPA
PCB spill cleanup policy.
Note: For continued use, the floor and
walls must be decontaminated and the
PCB containing paint must be
disposed of as PCB bulk product
waste per 761.62. There are multiple
disposal options for the various forms
of PCB bulk product waste; see
761.62.
If additional cleanup of the concrete is
required due to the leaching of PCBs
from the paint, the concrete is to be
treated as bulk PCB remediation
waste. If the self-implementing
procedures of 761.61 (a) are to be
followed, core samples of the bare
porous surface will be needed to
determine the level of PCB
contamination in the porous materials.
For characterization sampling, follow
SubpartN in conjunction with
Appendix A, or another reliable
sampling protocol. The cleanup level
Assumes PCB contamination is
limited to interior of building (e.g.,
floor and walls) and that PCBs are in
the paint and have not penetrated into
the concrete floor. For continued use,
the floor and walls must be
decontaminated and the PCB
containing paint must be disposed of
as PCB bulk product waste per 761.62.
If the PCBs have leached from the
paint into the concrete, the
contaminated concrete is a bulk PCB
remediation waste and may require
additional cleanup to meet the < 1
ppm cleanup standard. Provide
notification to EPA (ATTN: Regional
PCB Coordinator) & others 30 days
prior to initiating cleanup of the
contaminated concrete. (761.61
(a)(3)(i)(A)-(E)). Non-liquid cleanup
waste (e.g., non-liquid cleaning
materials, personal equipment) at any
concentration and bulk PCB
remediation wastes <50 ppm may be
disposed of at: an approved PCB
disposal facility, a permitted or non-
municipal non-hazardous waste
facility pursuant to §761.61 (a) or (c),
or a RCRA Sec. 3004 or Sec. 3006
permitted hazardous waste landfill;
manifesting and recordkeeping
requirements do not apply
(761.61(a)(5)(i)(B)(2Xii)&
761.61(a)(5)(v)(A)).
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40
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Warehouse Reuse Scenarios
(continued)
Light industrial/commercial
business parks
Distribution centers including
warehouse and office space
High occupancy
is based on the intended reuse scenario
as a high occupancy area as noted
above (i.e., < 1 ppm in porous
surfaces w/o further conditions).
Otherwise, a 40 CFR 761.61(c) risk-
based approval may be appropriate for
this scenario. See Sec. III.A. of this
document for an example of a risk-
based cleanup.
TSCA Cleanup standards
The PCB containing paint is a PCB
bulk product waste. For continued
use, the floor and walls must be
decontaminated. Dispose of the PCB-
contaminated paint as PCB bulk
product waste per 761.62.
A 40 CFR 761.61(c) risk-based
approval may be appropriate for this
scenario. See Sec. III.A. of this
document for an example of a risk-
based cleanup. Also see the above
listed manifesting, disposal and
recordkeeping requirements.
Bulk PCB remediation waste > 50 ppm
must be disposed of in a RCRA Sec.
3004 or 3006 permitted hazardous
waste landfill or an approved PCB
disposal facility (e.g., incinerator,
chemical waste landfill, an approved
alternate disposal method or
coordinated approval).
(761.61(a)(5)(i)(B)(2)(iii).) Obtain an
EPA identification number for use on
the manifest (e.g., Hazardous Waste
Manifest) when transporting PCB
waste offsite and maintain records as
required (761.202-761.218).
Maintain records of notification and
cleanup (761.125(c)(5)).
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41
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Scrap yard; soil
contaminated with
spilled PCBs
Same reuse scenarios as listed
under "warehouse." New
construction as either high or low
occupancy should not extend
beneath or beyond the cleaned up
area. Likewise, the cap, if one is
installed, should not be disturbed.
High occupancy
Low occupancy
TSCA Cleanup standards
<, \ ppm in residual waste or porous
surface, w/o further conditions, or
>1 to slO ppm if site covered w/cap
(761.61(a)(7)) & institutional control
implemented (i.e., deed restriction;
761.61(a)(8)). Conduct post-cleanup
sampling per 40 CFR 761.61(a)(6) and
Subpart O.
^25 ppm in soil, with an institutional
control (i.e., deed restriction,
761.61(a)(8)), or
>25 to s50 ppm if site is secured by a
fence with a PCB ML mark &
institutional control implemented (i.e.,
deed restriction; 761.61(a)(8)), or
>25 to ^100 ppm if site covered
w/cap (761.61(a)(7)) & institutional
control implemented (i.e., deed restric-
tion; 761.61(a)(8)). Conduct post-
cleanup sampling per 40 CFR
761.61(a)(6) and Subpart O.
Assumes PCB contamination is
limited to environmental media (e.g.,
outside).
However, if there are contaminated
buildings on the property which are
intended for continued use, clean up
and disposal of spilled PCBs must be
conducted in compliance with the PCB
remediation waste requirements at
761.61, or as otherwise authorized
under 761.30(u).
There are no use restrictions on new
construction provided it does not
extend beneath or beyond the cleaned
up area. A cap, if one has been
installed, cannot be disturbed. There
are no use restrictions on existing
structures if PCB contamination is not
present.
For contaminated buildings, also see
the notification, manifesting, disposal
and recordkeeping requirements in
"Remarks" for a warehouse with
interior PCB remediation waste
contamination. PCB bulk product
waste must be disposed of in
accordance with 761.62.
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42
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Port and industrial
area with
contamination from
spilled PCBs and
abandoned PCB-
containing solvents
and fuels
See reuse scenarios for scrap yard
with contaminated soil.
For PCB remediation waste,
see reuse scenario exposure
characteristics for scrap
yard with contaminated
soil.
TSCA Cleanup Standards
For PCB remediation waste, see
cleanup standards for scrap yard with
contaminated soil.
Certain PCB fluids may be
decontaminated pursuant to
761.79(b)(l) & (b)(2) or in accordance
with a risk-based decontamination
approval under 761.79(h). All other
PCB fluids must be disposed of in
compliance with 761.60(a) or (e) or,
for liquid PCB remediation wastes, in
accordance with 761.61(a)(5)(iv).
See "Reuse Scenarios" for scrap yard
regarding new structures and
"Remarks" for existing structures.
Also see the notification, manifesting,
disposal and recordkeeping require-
ments in "Remarks" for a warehouse
with interior PCB remediation waste
contamination.
Metalworking
facilities with PCBs in
chemical sludge waste
See reuse scenarios for scrap yard
with contaminated soil.
See reuse scenario exposure
characteristics for scrap
yard with contaminated
soil.
TSCA Cleanup Standards
See cleanup standards for scrap yard
with contaminated soil.
Assumes PCB contamination is in
environmental media (e.g., outside).
However, because of the likely
dispersion of PCB fluids during use of
the equipment, contamination may
also extend to equipment, floors and
walls. Additional sampling of these
items may be required to determine
the extent of contamination.
Also see the notification, manifesting,
disposal and recordkeeping
requirements in "Remarks" for a
warehouse with interior PCB
remediation waste contamination.
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43
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Former manufacturing
facility with PCBs in
fiourescent light
ballasts
See reuse scenarios for warehouse.
See reuse scenario exposure
characteristics for ware-
house.
TSCA Cleanup Standards
Intact and non-leaking PCB capacitors
are authorized for use. Light ballasts
containing PCB capacitors do not have
to be removed IF the capacitors are
intact and non-leaking and are the only
source of PCBs. However, PCBs have
been found in the potting material of
older fiourescent light fixtures, a use
that is not authorized. Recommend
replacing old fiourescent light ballasts
to avoid violations of PCB use
prohibitions. Cleanup of floors/walls
may be required in the event of a
failure of the PCB fluorescent light
ballast.
Assumes only PCB source is PCB
fluorescent light ballasts and that
contamination is limited to interior of
building. Intact, non-leaking PCB
small capacitors may be disposed as
municipal solid waste (761.60(b)
(2)(ii)) - manifests are not required.
Fluorescent light ballasts containing
PCBs in the potting material are
regulated for disposal as a PCB bulk
product waste in a RCRA Sec. 3004 or
3006 permitted hazardous waste
landfill or an approved PCB disposal
facility (e.g., incinerator, chemical
waste landfill, an approved alternate
disposal method or coordinated
approval) (See 761.62(a)).
If PCB remediation waste is present
and PCB cleanup of walls/floors is
necessary, provide notification to EPA
(ATTN: Regional PCB Coordinator)
and others 30 days prior to initiation of
a self-implementing cleanup
Also see the manifesting, disposal and
recordkeeping requirements for PCB
remediation waste in "Remarks" for a
warehouse.
•p
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44
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Former tannery with
abandoned waste PCB
fluids
See reuse scenarios for warehouse.
See reuse scenario exposure
characteristics for ware-
house.
TSCA Cleanup Standards
See cleanup standards for warehouse if
PCB remediation waste is present as a
result of spilled PCBs.
PCB fluids should be removed and
disposed of in compliance with
761.60(a) or(e). Certain liquids
containing PCBs may be decon-
taminated (see 761.79(b)(l) and (b)(2)
and761.79(h)). Obtain an EPA
identification number for use on the
manifest when transporting PCB waste
offsite and maintain records as
required (761.202 - 761.218).
Assumes PCB contamination from
previous activities, if any, is limited to
interior of building. Also see the
notification, manifesting, disposal and
recordkeeping requirements in
"Remarks" for a warehouse if PCB
remediation is necessarv
Building with roof
transformer with
PCB-contamination in
concrete roof
No change
Low occupancy
TSCA Cleanup Standards
Follow cleanup requirements per
761.61, or procedures for continued
use of porous surfaces contaminated
by old spills. Remove source of
contamination, clean accessible porous
surfaces and cover completely with 2
coatings of solvent resistant/water
repellent paint or epoxy of contrasting
colors, or secure a solid barrier to the
surface of accessible areas of the
contamination. Place the PCB ML
mark in a visible location and
implement a deed restriction.
(761.30(p))
If the use of the contaminated surface
is to change, then all contaminated
porous surfaces must be removed and
disposed of or cleaned up to
appropriate levels as specified in
761.61 or 761.79.
Also see the notification, manifesting,
disposal and recordkeeping
requirements for PCB remediation
waste in "Remarks" for a warehouse.
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45
Contamination
Scenario
Reuse Scenarios
Reuse Scenario
Exposure Characteristics
Necessary
Remediation Levels
Remarks
Industrial park with!
tonsofPCB-
contaminated soil
See reuse scenario for scrap yard
with contaminated soil.
Reuse scenarios may
include a combination of
high and low occupancy
area. See reuse scenario
exposure characteristics for
scrap yard with
contaminated soil.
TSCA Cleanup Standards
See cleanup standards for scrap yard
with contaminated soil.
See the notification, manifesting,
disposal and recordkeeping
requirements for PCB remediation
waste in "Remarks" for a warehouse.
Also see "Reuse Scenarios" for scrap
yard regarding new structures and
"Remarks" for use of existing
structures.
Solid waste transfer
station with PCB-
contaminated wastes
See reuse scenarios for scrap yard
with contaminated soil.
TSCA Cleanup Standards
See cleanup standards for scrap yard
with contaminated soil.
Assumes PCB wastes were abandoned
on site. Wastes should be removed
and disposed of as referenced in
section VII.C. ("PCB Contamination
and Reuse Scenarios"). If PCB
remediation wastes are present, then
the site should be cleaned and
redeveloped based on occupancy
expectations; e.g., high or low
occupancy area. A 761.61(c) risk-
based approval also may be
appropriate for managing bulk PCB
remediation waste.
See the notification, manifesting,
disposal and recordkeeping
requirements for PCB remediation
waste in "Remarks" for a warehouse.
Also see "Reuse Scenarios" for a scrap
yard regarding new structures and
"Remarks" for use of existing
structures.
en
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p. 51
APPENDIX A
REGION I, EPA-NEW ENGLAND
DRAFT
STANDARD OPERATING PROCEDURE
FOR SAMPLING CONCRETE IN THE FIELD
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p. 52
REGION I, EPA-NEW ENGLAND
DRAFT
STANDARD OPERATING PROCEDURE
FOR SAMPLING CONCRETE IN THE FIELD
U.S. EPA-NEW ENGLAND
Region I
Quality Assurance Unit Staff
Office of Environmental Measurement and Evaluation
Prepared by: Alan W Peterson
Quality Assurance Chemist
Reviewed by: Andrew Beliveau
Senior Technical Specialist
Approved by: Nancy Barmakian
Branch Chief
Date: 12/30/97
Date: 12/30/97
Date: 12/30/97
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p. 53
Region I, EPA New England
Standard Operating Procedure for Sampling Concrete in the
Field
Table of Contents
1.0 Scope and Application 1
2.0 Method Summary 1
3.0 Health and Safety 2
4.0 Interferences and Potential Problems 2
5.0 Equipment and Supplies 2
5.1 Single Depth Concrete Sampling 2
5.2 Multiple Depth Sampling 2
6.0 Sample Containers, Preservation, and Storage 2
7.0 Procedure 3
7.1 Single Depth Concrete Sampling 3
7.2 Multiple Depth Concrete Sampling 4
7.3 Decontamination Procedure 5
8.0 Field Documentation 5
8.1 Field Logbooks 5
8.2 Sample Labeling and Chain-of-Custody 6
9.0 Quality Assurance and Quality Control (QA/QC) 7
9.1 Equipment Blanks 7
9.2 Field Duplicates 7
9.3 Laboratory Duplicates 8
9.4 Matrix Spike/Matrix Spike Duplicate Samples 8
9.5 Performance Evaluation Samples 9
9.6 Data Verification and Validation 9
9.7 Audits 10
10.0 References 10
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p. 54
Region I, EPA New England
Standard Operating Procedure for Sampling Concrete in the Field
1.0 Scope and Application
The following Standard Operating Procedure (SOP) describes a concrete sampling technique which uses
an impact hammer drill to generate a uniform, finely ground, powder which is easily homogenized,
extracted and analyzed. This procedure is primarily geared at providing enough sample for one or two
different analyses at a time. That is, the time required to generate sufficient sample for a full suite of
analyses may be impractical. The concrete powder is suitable for all types of environmental analyses,
with the exception of volatile compounds, and may be analyzed in the field or at a fixed laboratory. This
procedure is applicable for the collection of samples from concrete floors, walls, and ceilings.
The impact hammer drill is far less labor intensive than previous techniques using coring devices, or
hammers and chisels. It allows for easy selection of sample location and sample depth. Not only can the
project planner control the depth to sample into the concrete, from surface samples (0 - !/2 inch) down to a
core of the entire slab, but the technique can also be modified to collect samples at discrete depths within
the concrete slab.
Another issue with concrete sampling is the fact that the amount of time spent drilling translates into the
weight of sample produced. Thus, to maximize sampling time, it is important to know the minimum
amount of sample required for each analysis. To do this, the project planner should take the following
steps: 1) Use the Data Quality Objective (DQO) process and familiarity with the site to develop the
objectives of the sampling project and the depth(s) of sample to be collected. 2) Review the site history
and any previous data collected to determined possible contaminants of concern. 3) Establish the action
levels for those possible contaminants and determine the appropriate analytical methods (both field and/or
fixed laboratory) to meet the DQOs of the project. 4) Based on the detection limits of these methods,
determine the amount of sample required for each analysis and the total sample weight require for each
sample location (including quality control samples).
As with any environmental data collection project, all aspects of a concrete sampling episode should be
well thought out, prior to going out in the field, and thoroughly described in a Quality Assurance Project
Plan (QAPP). The QAPP should clearly state the DQOs of the project and document a complete Quality
Assurance/Quality Control program to reconcile the data generated with the established DQOs. For more
information on these subjects, refer to EPA documents QA/R-5, EPA Requirements for Quality Assurance
Project Plans for Environmental Data Operations, and QA/G-4, Guidance for the Data Quality Objective
Process.
2.0 Method Summary
A one-inch diameter carbide drill bit is used in a rotary impact hammer drill to generate a fine concrete
powder suitable for analysis. The powder is placed in a sample container and homogenized for field or
fixed laboratory analysis. The procedure can be used to sample a single depth into the concrete, or may
be modified to sample the concrete at distinctly different depth zones. The modified depth sampling
procedure is designed to minimize any cross contamination between the sampling zones. If different
sampling depths are required, two different diameter drill bits and a vacuum sampling apparatus are
employed.
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3.0 Health and Safety
Eye and hearing protection are required at all times during sample drilling. A small amount of dust is
generated during the drilling process. Proper respiratory protection and/or a dust control system must be
in place at all times during sampling.
4.0 Interferences and Potential Problems
Since this sampling technique produces a finely ground uniform powder, physical matrix effects from
variations in the sample consistency (i.e., particle size, uniformity, homogeneity, and surface condition)
are minimized. Matrix spike analysis of a sample is highly recommended to monitor for any matrix
related interferences.
As stated in Section 1.0 above, this sampling procedure is not recommended for volatile organic
compound (VOC) analysis. The combination of heat generated during drilling and the exposure of a large
amount of surface area will greatly reduce VOC recovery. If low boiling point semi-volatile compounds
(i.e., naphthalene) are being analyzed, then the drill speed should be reduced to minimize heat build-up.
5.0 Equipment and Supplies
5.1 Single Depth Concrete Sampling
5.1.1 Rotary impact hammer drill
5.1.2 1 -inch diameter carbide drill bits
5.1.3 Stainless steel scoopulas
5.1.4 Stainless steel spoonulas (for collecting sample in deeper holes, >2-inches)
5.1.5 Rectangular aluminum pans (to catch concrete during wall and ceiling sampling)
5.1.6 Gasoline powered generator (if alternative power source is required)
5.2 Multiple Depth Sampling (in addition to all the above)
5.2.1 1/2 inch diameter carbide drill bits
5.2.2 Vacuum/sample trap assembly (see Section 7.2 and Figure 1)
5.2.2.1 Vacuum pump
5.2.2.2 2-hole rubber stopper
5.2.2.3 Glass tubing (to fit stopper)
5.,2.2.4 Large glass test tubes, or Erlenmeyer flasks, for sample trap (several are suggested)
5.2.2.5 Polyethylene tubing for trap inlet (Tygon tubing may be used for the trap outlet)
5.2.2.6 Pasture pipets
5.2.2.7 Pipe cleaners
5.2.2.8 In-line dust filter (glass fiber filter, or equivalent)
6.0 Sample Containers, Preservation, and Storage
Concrete samples must be collected in glass containers for organic analyses, and may be collected in
either glass or plastic containers for inorganic analyses. In general, a 2-ounce sample container with
Teflon-lined cap (wide-mouth jars are preferred) will hold sufficient volume for most analyses. A 2-
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ounce jar can hold roughly 90 grams sample. Note, samples which require duplicate and/or matrix
spike/matrix spike duplicate analyses may require a larger sample container, or additional 2-ounce sample
containers.
Organic samples are to be shipped on ice and maintained at 4°C (± 2°C) until the time of extraction and
analysis. Inorganic samples may be shipped and stored at room temperature. Refer to 40 CFR Part 136
for guidelines on analysis holding times.
To maintain sample integrity, chain-of-custody procedures must be implemented at the time of sampling
to 1) document all sample locations and associated field sample identification numbers, 2) document all
quality control samples taken, including field duplicates, split samples for confirmatory analyses, and PE
samples, and 3) document the transfer of field samples from field sampler to field chemist or fixed
laboratory.
7.0 Procedure
7.1 Single Depth Concrete Sampling
Lock a 1-inch diameter carbide drill bit into the impact hammer drill and plug the drill into an appropriate
power source. (A gasoline generator will be needed if electricity is not available.) For easy
identification, sample locations may be pre-marked using a crayon or a non-contaminating spray paint.
(Note, the actual drilling point must not be marked.) Depending on the appearance of the sample location,
or the objectives of the sampling project, it may be desired to wipe the concrete surface with a clean dry
cloth prior to drilling. All sampling decisions of this nature should be noted in the sampling logbook.
Begin drilling in the designated location. Apply steady even pressure and let the drill do the work.
Applying too much pressure will generate excessive heat and dull the drill bit prematurely. The drill will
provide a finely ground concrete powder that can be easily collected, homogenized and analyzed. Having
several decontaminated impact drill bits on hand will help expedite sampling when numerous sample
locations are to be drilled.
Sample Collection
A !/2-inch deep hole (using a 1-inch diameter drill bit) generates about 10 grams of concrete powder.
Based on this and the action levels for the project, determine the sampling depth, and/or the number of
sample holes to be composited, to generate sufficient sample volume for all of the required analyses.
(Note, with the absorbency of concrete, a !/2-inch deep hole can be considered a surface sample.)
A decontaminated stainless steel scoopula can be used to collect the sample. The powder can either be
collected directly from the surface of the concrete and/or the concrete powder can be scraped back into
the hole and the less rounded back edge of the scoopula can be used to collect the sample. For holes
greater than 2-inches in depth, a stainless steel spoonula will make it easier to collect the sample from the
bottom of the hole.
To ensure collection of a representative sample when multiple analyses are required, a concrete sample
should always be collected and homogenized in a single container and then divided up into the individual
containers for the various analyses or split samples. This is particularly important when sample holes are
deep, or when several holes are drilled adjacent to each other to form a sample composite.
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Wall and Ceiling Sampling
A team of two samplers will be required for wall and ceiling sampling. The second person will be needed
to hold a clean catch surface (i.e., an aluminum pan) below the drill to collect the falling powder. For
wall samples, a scoopula, or spoonula, can be used to collect remaining concrete powder from within the
hole. For ceiling holes, it may be necessary to drill the hole at an angle so the concrete powder can fall
freely in the collection plan (and avoid falling on the drill). Another alternative might be to use the
chuck-end of the drill bit and punch a hole through the center of the collection pan. The drill bit is then
mounted through the pan and into the drill. Thus, the driller can be drilling straight up while the assistant
steadies the pan to catch the falling dust. As a precaution, it may be advantageous to tape a piece of
plastic around the drill, just below the chuck, to avoid dust contaminating the body of the drill and
entering the mechanical vents. (Note, the plastic should deflect dust from the drill, but be loose enough
underneath to allow for proper ventilation.)
7.2 Multiple Depth Concrete Sampling
The above method for concrete sampling can also be used to collect samples from different depths within
the concrete. To do this, two different sized drill bits (i.e., V* inch and 1 inch) and a simple vacuum pump
with a vacuum trap assembly is required (see Figure 1). First, the 1 inch drill bit is used to drill to the first
level and the concrete sample is collected as described in Section 7.1. The vacuum pump is then turned
on and the hole is cleaned out using the vacuum trap assembly. The drill bit is then changed to the Vi inch
bit and the next depth is drilled out (the !/2 inch bit is used to avoid contact with the sides of the first hole).
A clean tube or flask is placed on the vacuum trap, and the sample from the second drilling is collected.
To go further, the 1 inch drill is used to open up the hole to the second level, the hole is cleared, and then
the '/2 inch drill is used again to go to a third level, etc. Note, the holes and concrete surface should be
vacuumed thoroughly to minimize any cross-contamination between sample depths.
Vacuum Trap Design and Clean-out
The trap presented in Figure 1 is a convenient and thorough way for collecting and removing concrete
powder from drilled holes. The trap system is designed to allow for control of the suction from the
vacuum pump and easy trap clean-out between samples. Note, by placing a hole in the inlet tube (see
Figure 1), a finger on the hand holding the trap can be used to control the suction at the sampling tip.
Thus, when this hole is left completely open, there will be no suction, and the sampler can have complete
control over where and what to sample. To change-out between samples the following steps should be
taken: 1) The pasture pipet and piece of polyethylene tubing at the sample inlet should be replaced with
new materials, 2) the portion of the rubber stopper and glass tubing that was in the trap should be wiped
down with a clean damp paper towel (wetted with deionized water) and then dried with a fresh paper
towel, 3) a clean pipe cleaner should be drawn through the glass inlet tube to remove any concrete dust
present, and 4) the glass tube or flask used to collect the sample should swapped out with a clean
decontaminated sample trap. Having several clean tubes or flasks on hand will facilitate change-out
between samples.
7.3 Decontamination Procedure
Necessary supplies for decontamination include: two small buckets, a scrub brush, potable water,
deionized water, a squirt bottle for the deionized water, and paper towels. The first bucket contains a soap
and potable water solution, and the second bucket contains just potable water. Place all used drill bits and
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5
Figure 1
Pasture Pipet
Flexible Tubing
Hole for Suction Control
To Vacuum Pump
In-Line Dust Filter
utensils in the soap and water bucket. Scrub each piece thoroughly using the scrub brush. Note, the concrete
powder does cling to the metal surfaces, so care should be taken during this step, especially with the twists and
curves of the drill bits. Next, rinse each piece in the potable water bucket, and follow with a deionized water rinse
from the squirt bottle. Place the deionized water rinsed pieces on clean paper towels and individually dry and
inspect each piece. Note, all pieces should be dry prior to reuse.
8.0 Field Documentation
All Site related documentation and reports generated from concrete sampling should be maintained in the
central Site file. If personal logbooks are used, legible copies of all pertinent pages must be placed in the
Site file.
8.1 Field Logbooks
All field documentation should be maintained in bound logbooks with numbered pages. If loose-leaf
logsheets are used to document site activities, extra care should be taken in keep track of all logsheets.
The original copy of all logsheets should be maintained in the central Site file. Note, all sample locations
must be documented by tying in their location to a detailed site map, or by using two or more permanent
landmarks. The following information should be documented in the field logbooks:
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• Site name and location,
• EPA Site Manager,
• Name and affiliation of field samplers (EPA, Contractor company name, etc.),
• Sampling date,
• Sample locations and IDs,
• Sampling times and depths, and
• Other pertinent information or comments
8.2 Sample Labeling and Chain-of-Custody
8.2.1 Sample Labels
Sample labels will be affixed to all sample containers. Labels must contain the following
information:
• Project name,
• Sample number, and/or location
• Date and time of sampling,
• Analysis,
• Preservation, and
• Sampler's name.
8.2.2 Chain-of-Custodv
All samples must be traced from collection, to shipment, to laboratory receipt and laboratory custody.
The Chain-of-Custody (COC) Record is a multi-part form that is initiated as samples are acquired and
accompanies a sample (or group of samples) as they are transferred from person to person. The COC
form is signed by all individuals responsible for sampling, sample transport, and laboratory receipt.
(Note, overnight deliver services, often used with sample transport, are exempt from having to sign
the COC form. However, copies of all shipping invoices must be kept with the COC documentation.)
One copy of the COC is retained by the field sampling crew, while the original (top, signed copy) and
remaining carbonless copies are placed in a zip-lock bag and taped to the inside lid of the shipping
cooler. If multiple coolers are required for a sample shipment to a single laboratory, the COC need
only be sent with one of the coolers. The COC should state how many coolers are included with the
shipment. All sample shipments to different laboratories require individual COC forms. The original
COC form accompanies the samples until the project is complete, and is then kept in the permanent
project file. A copy of the COC is also kept with the project manager, the laboratory manager, and
attached to the data package.
8.2.3 Custody Seal
The Custody seal is an adhesive-backed label which is also part of the chain-of-custody process. The
custody seal is used to prevent tampering with the samples after they have been collected in the field
and sealed in coolers for transit to the laboratory. The Custody seals are signed and dated by a
sampler and affixed across the opening edges of each cooler containing samples. Clear packing tape
should be wrapped around the cooler, and over the Custody seal, to secure the cooler and avoid
accidental tampering with the Custody seal.
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9.0 Quality Assurance and Quality Control (QA/QC)
A solid QA/QC program is essential to establishing the quality of the data generated so that proper project
decisions can be made. The following are key quality control elements which should be incorporated into
a concrete sampling and analytical program.
9.1 Equipment Blanks
An equipment blank should be performed on decontaminated drill bits and collection utensils at a
frequency of 1 per 20 samples or 1 per day, whichever is greater. To prepare the equipment blank, place
the decontaminated drill bit and utensils in a large clean stainless steel bowl. Pour sufficient deionized
water into the bowl to fill all of the required sample containers. Next, stir the drill bit and utensils in the
bowl with a clean utensil to thoroughly mix the blank. Finally, decant off the equipment blank into the
sample containers. Note, a clean funnel may help to pour off the equipment blank into the containers.
9.2 Field Duplicates
Field duplicates are samples collected adjacent to each other (collocated) at the same sample location (not
two aliquots of the same sample). Field duplicates not only help provide an indicator of overall precision,
but measure the cumulative effects of both the field and analytical precision, and also measure the
representativeness of the sample. Field duplicates must be prepared and analyzed at a frequency of 1 per
20 samples or 1 per non-related concrete matrix, whichever is greater. An example of a non-related
concrete matrix might be the investigation of two different types of chemical spills.
Calculate the Relative Percent Difference (RPD) between the sample and its duplicate using Equation 1.
Equation 1
RPD = I S ~ D I x 100
(S+ D)
2
Where:
S = Original sample result
D = Duplicate sample result
The following general guidelines have been established for field duplicate criteria:
• If both the original and field duplicate values are ^ practical quantitation limit (PQL), then the control
limit for RPD is s 50%,
• If one or both values are < PQL, then do not assess the RPD.
If more rigorous field duplicate criteria are needed to achieve project DQOs, then that criteria should be
documented in the project QAPP.
If the field duplicate criteria specified above are not met, then flag that target element with an "*" on the
final report for both the original and field duplicate samples. Report both the original and field duplicate
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8
analyses; do not report the average. Field duplicate samples should be indicated on the sample ID. For
example, the sample ID can contain the suffix "FD."
9.3 Laboratory Duplicates
Laboratory duplicates are two aliquots of the same sample that are prepared, homogenized and analyzed
in the same manner. (Note, proper sample homogenization is critical in producing meaningful results.)
The precision of the sample preparation and analytical methods is determined by performing a laboratory
duplicate analysis. Laboratory duplicates can be prepared in the field and submitted as blind samples, or
the laboratory can be requested to perform the laboratory duplicate analysis, hi the case of laboratory
prepared duplicates, the field sampling team must be sure to provide sufficient sample volume.
Laboratory duplicates must be prepared and analyzed at a frequency of 1 per 20 samples or 1 per non-
related concrete matrix, whichever is greater.
Calculate the RPD between the sample and its duplicate using Equation 1. The following general
guidelines have been established for laboratory duplicate criteria:
• If both the original and laboratory duplicate values are ;> PQL, then the control limit for RPD is
^25%,
• If one or both values are < PQL, then do not assess the RPD.
If duplicate criteria are not met, then flag that target element with an "*" on the final report for both the
original and duplicate samples. Report both the original and duplicate analyses; do not report the average.
9.4 Matrix Spike/Matrix Spike Duplicate Samples
Matrix spike/matrix spike duplicate samples (MS/MSDs) are two additional aliquots of a sample which
are spiked with the appropriate compound(s) or analyte(s) of concern and then prepared and analyzed
along with the original sample. (Note, proper sample homogenization, prior to spiking, is critical in
producing meaningful results.) MS/MSDs help evaluate the effects of sample matrix on the analytical
methods being used. The field sampling team must provide sufficient sample volume such that the field
or fixed laboratory can prepare and analyze MS/MSDs at a frequency of 1 per 20 samples or 1 per non-
related concrete matrix, whichever is greater.
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9
Calculate the recovery of each matrix spike compound or analyte using Equation 2.
Equation 2
MSR = SSR ~ SR x 100
SA
Where,
MSR = Matrix Spike Recovery, SA = Spike Added
SSR = Spiked Sample Result, SR = Sample Result
Calculate the relative percent difference (RPD) between the recoveries of each compound or analyte in
the matrix spike and matrix spike duplicate using Equation 3.
Equation 3
RPD =
(MSR + MSRD)
Where,
MSR = Matrix Spike Recovery
MSRD = Matrix Spike Duplicate Recovery
9.5 Performance Evaluation Samples
In accordance with the EPA Region I Performance Evaluation Program Guidance, performance evaluation
(PE) samples should be submitted for each type of analysis to be performed in the field or by the fixed
laboratory performing full protocol EPA methods. PE samples provide information on the quality of the
individual data packages. PE samples are certified standard reference materials (SRMs) from a source
other than that used to calibrate the instrument. If both field and fixed laboratories are being used to
analyze samples, at least one solid PE sample should undergo both field analysis and confirmatory full
protocol EPA method analysis to facilitate data comparability. A copy of the certified values for the SRM
must be submitted with the final data packages to facilitate data evaluation.
9.6 Data Verification and Validation
All field data and supporting information (including chain-of-custody) that is collected during a concrete
sampling episode should be verified daily, by a person other than that performing the work, to check for
possible errors.
During the project planning process, a plan for data validation should be established for all data, both for
field and fixed laboratories. All data must be validated to assure that it is of a quality suitable to make
project decisions. For help in developing a data validation program refer to Region I. EPA New England.
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10
Data Validation Functional Guidelines for Evaluatine Environmental Analyses.
9.7 Audits
9.7.1 Internal Audits
As part of the Quality Assurance/Quality Control Program for any sampling project, a series of
internal audit checks should be instituted to monitor and maintain the integrity of the sample
collection process. Timely internal reviews will insure that proper sampling, decontamination, chain-
of-custody and quality control procedures are being followed. Also, the internal audit review is there
to monitor any corrective actions taken, and/or institute corrective actions that should have been taken
and were not. All corrective actions taken must be documented in an appropriate logbook, and if any
corrective actions impact the final data reported, then they must also be documented in the final report
narrative. The results of all internal audits must be documented in a report, and copies of the report
issued to the Project Manager and the Quality Assurance Manager. The original copy of any audit
report must remain with the main project file and be available for review.
9.7.2 External Audits
The Agency reserves the right to perform periodic field audits to ensure compliance with this SOP.
10.0 References
1) Guidance for the Data Quality Objective Process. QA/G-4, EPA/600/R-96/055, September 1994.
2) EPA Requirements for Quality Assurance Project Plans for Environmental Data Operations. QA/R-5,
Interim Final, October 1997.
3) Guidance for the Preparation of Standard Operating Procedures for Quality-related Operations
QA/G-6, EPA/600/R-96/027, November 1995.
4) Region I. EPA-New England Data Validation Functional Guidelines for Evaluating Environmental
Analyses. July 1996.
5) EPA Region I Performance Evaluation Program Guidance. July 1996.
6) U.S. EPA Code of Federal Regulations, 40 CFR. Part 136. Appendix B. Revised as of July 1995.
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APPENDIX B
EXCERPTS FROM THE SELF-IMPLEMENTING PROVISIONS
OF THE PCB REGULATIONS AT 40 CFR PART 761
FOR PCB WASTE CLEANUP AND DISPOSAL
The entire text of the Code of Federal Regulations for 40 CFR Part 761 can be found on the U.S. Government Printing
Office's website at www.gpo.gov. under "Legislative Resources," and on the PCB website at www.epa.gov/pcb under
"Laws and Regulations." This excerpt includes the following regulatory provisions which are referenced in 40 CFR
761.61:
Section 761.60(a), (b) and (c)
Section 761.65(a) and (c)
Section 761.79(b)
Section 761.125(c)(5)
Subpart N, Section 761.269
Subpart O, Section 761.283, 761.286, and 761.292
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[ Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761]
[Pages 579-708]
TITLE 40-PROTECTION OF ENVIRONMENT
CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 761-POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING,
DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS
Subpart D-Storage and Disposal
Sec. 761.60 Disposal requirements.
[[Page 615]]
(a) PCB liquids. PCB liquids at concentrations ;>50 ppm must be
disposed of in an incinerator which complies with Sec. 761.70, except
that PCB liquids at concentrations >50 ppm and <500 ppm may be
disposed of as follows:
(1) For mineral oil dielectric fluid, in a high efficiency boiler
according to Sec. 761.71(a).
(2) For liquids other than mineral oil dielectric fluid, in a high
efficiency boiler according to Sec. 761.71(b).
(3) For liquids from incidental sources, such as precipitation,
condensation, leachate or load separation and are associated with PCB
Articles or non-liquid PCB wastes, in a chemical waste landfill which
complies with Sec. 761.75 if:
(i) [Reserved]
(ii) Information is provided to or obtained by the owner or operator
of the chemical waste landfill that shows that the liquids do not exceed
500 ppm PCB and are not an ignitable waste as described in
Sec. 761.75(b)(8)(iii).
[[Page 616]]
(b) PCB Articles. This paragraph does not authorize disposal that is
otherwise prohibited in Sec. 761.20 or elsewhere in this part.
(1) Transformers, (i) PCB Transformers shall be disposed of in
accordance with either of the following:
(A) In an incinerator that complies with Sec. 761.70; or
(B) In a chemical waste landfill approved under Sec. 761.75;
provided that all free-flowing liquid is removed from the transformer,
the transformer is filled with a solvent, the transformer is allowed to
stand for at least 18 continuous hours, and then the solvent is
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thoroughly removed. Any person disposing of PCB liquids that are removed
from the transformer (including the dielectric fluid and all solvents
used as a flush), shall do so in an incinerator that complies with
Sec. 761.70 of this part, or shall decontaminate them in accordance with
Sec. 761.79. Solvents may include kerosene, xylene, toluene, and other
solvents in which PCBs are readily soluble. Any person disposing of
these PCB liquids must ensure that the solvent flushing procedure is
conducted in accordance with applicable safety and health standards as
required by Federal or State regulations.
(ii) [Reserved]
(2) PCB Capacitors, (i) The disposal of any capacitor shall comply
with all requirements of this subpart unless it is known from label or
nameplate information, manufacturer's literature (including documented
communications with the manufacturer), or chemical analysis that the
capacitor does not contain PCBs.
(ii) Any person may dispose of PCB Small Capacitors as municipal
solid waste, unless that person is subject to the requirements of
paragraph (b)(2)(iv) of this section.
(iii) Any PCB Large High or Low Voltage Capacitor which contains 500
ppm or greater PCBs, owned by any person, shall be disposed of in
accordance with either of the following:
(A) Disposal in an incinerator that complies with Sec. 761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill that
complies with Sec. 761.75.
(iv) Any person who manufactures or at any time manufactured PCB
Capacitors or PCB Equipment, and acquired the PCB Capacitor in the
course of such manufacturing, shall place the PCB Small Capacitors in a
container meeting the DOT packaging requirements at 49 CFR parts 171
through 180 and dispose of them in accordance with either of the
following:
(A) Disposal in an incinerator which complies with Sec. 761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill which
complies with Sec. 761.75.
(v) Notwithstanding the restrictions imposed by paragraph
(b)(2)(iii)(B) or (b)(2)(iv)(B) of this section, PCB capacitors maybe
disposed of in PCB chemical waste landfills that comply with Sec. 761.75
subsequent to March 1, 1981, if the Assistant Administrator for
Prevention, Pesticides and Toxic Substances publishes a notice in the
Federal Register declaring that those landfills are available for such
disposal and explaining the reasons for the extension or reopening. An
extension or reopening for disposal of PCB capacitors that is granted
under this subsection shall be subject to such terms and conditions as
the Assistant Administrator may prescribe and shall be in effect for
such period as the Assistant Administrator may prescribe. The Assistant
Administrator may permit disposal of PCB capacitors in EPA approved
chemical waste landfills after March 1, 1981, if in his opinion,
(A) Adequate incineration capability for PCB capacitors is not
available, or
(B) The incineration of PCB capacitors will significantly interfere
with the incineration of liquid PCBs, or
(C) There is other good cause shown.
As part of this evaluation, the Assistant Administrator will consider
the impact of his action on the incentives to construct or expand PCB
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incinerators.
(vi) Any person disposing of large PCB capacitors or small PCS
capacitors described in paragraph (b)(2)(iv) of this section in a
chemical waste landfill approved under Sec. 761.75, shall first place
them in a container meeting the DOT packaging requirements at 49 CFR
parts 171 through 180. In all cases, the person must fill the
interstitial space in the container with sufficient absorbent material
(such as soil) to absorb
[[Page 617]]
any liquid PCBs remaining in the capacitors.
(3) PCB hydraulic machines, (i) Any person disposing of PCB
hydraulic machines containing PCBs at concentrations of ;>50 ppm, such
as die casting machines, shall do so by one of the following methods:
(A) In accordance with Sec. 761.79.
(B) In a facility which is permitted, licensed, or registered by a
State to manage municipal solid waste subject to part 258 of this
chapter or non-municipal non-hazardous waste subject to Sees. 257.5
through 257.30 of this chapter, as applicable (excluding thermal
treatment units).
(C) In a scrap metal recovery oven or smelter operating in
compliance with Sec. 761.72.
(D) In a disposal facility approved under this part.
(ii) All free-flowing liquid must be removed from each machine and
the liquid must be disposed of in accordance with the provisions of
paragraph (a) of this section. If the PCB liquid contains z 1,000 ppm
PCB, then the hydraulic machine must be decontaminated in accordance
with Sec. 761.79 or flushed prior to disposal with a solvent listed at
paragraph (b)(l)(i)(B) of this section which contains <50 ppm PCB. The
solvent must be disposed of in accordance with paragraph (a) of this
section or Sec. 761.79.
(4) PCB-Contaminated Electrical Equipment. Any person disposing of
PCB-Contaminated Electrical Equipment, except capacitors, shall do so in
accordance with paragraph (b)(6)(ii)(A) of this section. Any person
disposing of Large Capacitors that contain ^50 ppm but < 500 ppm
PCBs shall do so in a disposal facility approved under this part.
(5) Natural gas pipeline systems containing PCBs. The owner or
operator of natural gas pipeline systems containing ^50 ppm PCBs,
when no longer in use, shall dispose of the system either by abandonment
in place of the pipe under paragraph (b)(5)(i) of this section or
removal with subsequent action under paragraph (b)(5)(ii) of this
section. Any person determining the PCB concentrations in natural gas
pipeline systems shall do so in accordance with paragraph (b)(5)(iii) of
this section.
(i) Abandonment. Natural gas pipe containing ^50 ppm PCBs may be
abandoned in place under one or more of the following provisions:
(A) Natural gas pipe having a nominal inside diameter of <,4
inches, and containing PCBs at any concentration but no free-flowing
liquids, may be abandoned in the place it was used to transport natural
gas if each end is sealed closed and the pipe is either:
(1) Included in a public service notification program, such as a
"one-call" system under 49 CFR 192.614(a) and (b).
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p. 68
(2) Filled to 50 percent or more of the volume of the pipe with
grout (such as a hardening slurry consisting of cement, bentonite, or
clay) or high density polyurethane foam.
(B) PCB-Contaminated natural gas pipe of any diameter, where the PCB
concentration was determined after the last transmission of gas through
the pipe or at the time of abandonment, that contains no free-flowing
liquids may be abandoned in the place it was used to transport natural
gas if each end is sealed closed.
(C) Natural gas pipe of any diameter which contains PCBs at any
concentration but no free-flowing liquids, may be abandoned in the place
it was used to transport natural gas, if each end is sealed closed, and
either:
(1) The ulterior surface is decontaminated with one or more washes
of a solvent in accordance with the use and disposal requirements of
Sec. 761.79(d). This decontamination process must result in a recovery
of 95 percent of the solvent volume introduced into the system, and the
PCB concentration of the recovered wash must be <50 ppm (see
Sec. 761.79(a)(l) for requirements on use and disposal of
decontaminating fluids).
(2) The pipe is filled to 50 percent or more of the volume of the
pipe with grout (such as a hardening slurry-like cement, bentonite, or
clay) or high density polyurethane foam (except that only cement shall
be used as grout under rivers or streams) and each end is sealed closed.
(D) Natural gas pipe of any diameter which contains PCBs at any
concentration may be abandoned in place after decontamination in
accordance with
[[Page 618]]
Sec. 761.79(c)(3), (c)(4) or (h) or a PCB disposal approval issued under
Sec. 761.60(e) or Sec. 761.61(c).
(ii) Removal with subsequent action. Natural gas pipeline systems
may be disposed of under one of the following provisions:
(A) The following classifications of natural gas pipe containing no
free-flowing liquids may be disposed of in a facility permitted,
licensed, or registered by a State to manage municipal solid waste
subject to part 258 of this chapter or non-municipal non-hazardous waste
subject to Sees. 257.5 through 257.30 of this chapter, as applicable
(excluding thermal treatment units); a scrap metal recovery oven or
smelter operating in compliance with the requirements of Sec. 761.72; or
a disposal facility approved under this part:
(1) PCB-Contaminated natural gas pipe of any diameter where the PCB
concentration was determined after the last transmission of gas through
the pipe or during removal from the location it was used to transport
natural gas.
(2) Natural gas pipe containing PCBs at any concentration and having
a nominal inside diameter <.4 inches.
(B) Any component of a natural gas pipeline system may be disposed
of under one of the following provisions:
(1) In an incinerator operating in compliance with Sec. 761.70.
(2) In a chemical waste landfill operating in compliance with
Sec. 761.75, provided that all free-flowing liquid PCBs have been
thoroughly drained.
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(3) As a PCB remediation waste in compliance with Sec. 761.61.
(4) In accordance with Sec. 761.79.
(iii) Characterization of natural gas pipeline systems by PCB
concentration in condensate. (A) Any person disposing of a natural gas
pipeline system under paragraphs (b)(5)(i)(B) or (b)(5)(ii)(A)(l) of
this section must characterize it for PCB contamination by analyzing
organic liquids collected at existing condensate collection points in
the natural gas pipeline system. The level of PCB contamination found at
a collection point is assumed to extend to the next collection point
downstream. If no organic liquids are present, drain free-flowing
liquids and collect standard wipe samples according to subpart M of this
part. Collect condensate within 72 hours of the final transmission of
natural gas through the part of the system to be abandoned or removed.
Collect wipe samples after the last transmission of gas through the pipe
or during removal from the location it was used to transport natural
gas.
(B) PCB concentration of the organic phase of multi-phasic liquids
shall be determined in accordance with Sec. 761.1(b)(4).
(iv) Disposal of pipeline liquids. (A) Any person disposing of
liquids containing PCBs ^50 ppm removed, spilled, or otherwise
released from a natural gas pipeline system must do so in accordance
with Sec. 761.61(a)(5)(iv) based on the PCB concentration at the time of
removal from the system. Any person disposing of material contaminated
by spills or other releases of PCBs >50 ppm from a natural gas
pipeline system, must do so in accordance with Sec. 761.61 or
Sec. 761.79, as applicable.
(B) Any person who markets or burns for energy recovery liquid
containing PCBs at concentrations <50 ppm PCBs at the time of removal
from a natural gas pipeline system must do so in accordance with the
provisions pertaining to used oil at Sec. 761.20(e). No other use of
liquid containing PCBs at concentrations above the quantifiable level/
level of detection removed from a natural gas pipeline system is
authorized.
(6) Other PCB Articles, (i) PCB articles with concentrations at 500
ppm or greater must be disposed of:
(A) In an incinerator that complies with Sec. 761.70; or
(B) In a chemical waste landfill that complies with Sec. 761.75,
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 Sec. 761.70.
(ii)(A) Except as specifically provided in paragraphs (b)(l) through
(b)(5) of this section, any person disposing of a PCB-Contaminated
Article must do so by removing all free-flowing liquid from the article,
disposing of the liquid in accordance with paragraph (a) of this
section, and disposing of the PCB-Contaminated Article with no free-
[[Page 619]]
flowing liquid by one of the following methods:
(1) In accordance with Sec. 761.79.
(2) In a facility permitted, licensed, or registered by a State to
manage municipal solid waste subject to part 258 of this chapter or non-
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p. 70
municipal non-hazardous waste subject to Sees. 257.5 through 257.30 of
this chapter, as applicable (excluding thermal treatment units).
(3) In a scrap metal recovery oven or smelter operating in
compliance with Sec. 761.72.
(4) In a disposal facility approved under this part.
(B) Storage for disposal of PCB-Contaminated Articles from which all
free-flowing liquids have been removed is not regulated under subpart D
of this part.
(C) Requirements in subparts J and K of this part do not apply to
PCB-Contaminated Articles from which all free-flowing liquids have been
removed.
(iii) Fluorescent light ballasts containing PCBs in their potting
material must be disposed of in a TSCA-approved disposal facility, as
bulk product waste under Sec. 761.62, as household waste under
Sec. 761.63 (where applicable), or in accordance with the
decontamination provisions of Sec. 761.79.
(7) Storage of PCB Articles. Except for a PCB Article described in
paragraph (b)(2)(ii) of this section and hydraulic machines that comply
with the municipal solid waste disposal provisions described in
paragraph (b)(3) of this section, any PCB Article, with PCB
concentrations at 50 ppm or greater, shall be stored in accordance with
Sec. 761.65 prior to disposal.
(8) Persons disposing of PCB Articles must wear or use protective
clothing or equipment to protect against dermal contact with or
inhalation of PCBs or materials containing PCBs.
(c) PCB Containers. (1) Unless decontaminated in compliance with
Sec. 761.79 or as provided in paragraph (c)(2) of this section, a PCB
container with PCB concentrations at 500 ppm or greater shall be
disposed of:
(i) In an incinerator which complies with Sec. 761.70, or
(ii) In a chemical waste landfill that complies with Sec. 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
paragraph (a) of this section.
(2) Any PCB Container used to contain only PCBs at a concentration
less than 500 ppm shall be disposed of as municipal solid wastes;
provided that if the PCBs are in a liquid state, the PCB Container shall
first be drained and the PCB liquid shall be disposed of in accordance
with paragraph (a) of this section.
(3) Prior to disposal, a PCB container with PCB concentrations at 50
ppm or greater shall be stored in a unit which complies with
Sec. 761.65.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C. 2605)
[44 FR 31542, May 31,1979]
Editorial Note: For Federal Register citations affecting
Sec. 761.60, see the List ofCFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
[[Page 622 ]]
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Sec. 761.61 PCB remediation waste.
This section provides cleanup and disposal options for PCB
remediation waste. Any person cleaning up and disposing of PCBs managed
under this section shall do so based on the concentration at which the
PCBs are found. This section does not prohibit any person from
implementing temporary emergency measures to prevent, treat, or contain
further releases or mitigate migration to the environment of PCBs or PCB
remediation waste.
(a) Self-implementing on-site cleanup and disposal of PCB
remediation waste. EPA designed the self-implementing procedure for a
general, moderately-sized site where there should be low residual
environmental impact from remedial activities. The procedure may be less
practical for larger or environmentally diverse sites. For these other
sites, the self-implementing procedure still
[[Page 623]]
applies, but an EPA Regional Administrator may authorize more
practical procedures through paragraph (c) of this section. Any person
may conduct self-implementing cleanup and disposal of PCB remediation
waste in accordance with the following requirements without prior
written approval from EPA.
(1) Applicability, (i) The self-implementing procedures may not be
used to clean up:
(A) Surface or ground waters.
(B) Sediments in marine and freshwater ecosystems.
(C) Sewers or sewage treatment systems.
(D) Any private or public drinking water sources or distribution
systems.
(E) Grazing lands.
(F) Vegetable gardens.
(ii) The self-implementing cleanup provisions shall not be binding
upon cleanups conducted under other authorities, including but not
limited to, actions conducted under section 104 or section 106 of
CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
(2) Site characterization. Any person conducting self-implementing
cleanup of PCB remediation waste must characterize the site adequately
to be able to provide the information required by paragraph (a)(3) of
this section. Subpart N of this part provides a method for collecting
new site characterization data or for assessing the sufficiency of
existing site characterization data.
(3) Notification and certification, (i) At least 30 days prior to
the date that the cleanup of a site begins, the person in charge of the
cleanup or the owner of the property where the PCB remediation waste is
located shall notify, in writing, the EPA Regional Administrator, the
Director of the State or Tribal environmental protection agency, and the
Director of the county or local environmental protection agency where
the cleanup will be conducted. The notice shall include:
(A) The nature of the contamination, including kinds of materials
contaminated.
(B) A summary of the procedures used to sample contaminated and
adjacent areas and a table or cleanup site map showing PCB
7
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concentrations measured in all pre-cleanup characterization samples. The
summary must include sample collection and analysis dates. The EPA
Regional Administrator may require more detailed information including,
but not limited to, additional characterization sampling or all sample
identification numbers from all previous characterization activities at
the cleanup site.
(C) The location and extent of the identified contaminated area,
including topographic maps with sample collection sites cross referenced
to the sample identification numbers in the data summary from paragraph
(a)(3)(i)(B) of this section.
(D) A cleanup plan for the site, including schedule, disposal
technology, and approach. This plan should contain options and
contingencies to be used if unanticipated higher concentrations or wider
distributions of PCB remediation waste are found or other obstacles
force changes in the cleanup approach.
(E) A written certification, signed by the owner of the property
where the cleanup site is located and the party conducting the cleanup,
that all sampling plans, sample collection procedures, sample
preparation procedures, extraction procedures, and instrumental/chemical
analysis procedures used to assess or characterize the PCB contamination
at the cleanup site, are on file at the location designated in the
certificate, and are available for EPA inspection. Persons using
alternate methods for chemical extraction and chemical analysis for site
characterization must include in the certificate a statement that such a
method will be used and that a comparison study which meets or exceeds
the requirements of subpart Q of this part, and for which records are on
file, has been completed prior to verification sampling.
(ii) Within 30 calendar days of receiving the notification, the EPA
Regional Administrator will respond in writing approving of the self-
implementing cleanup, disapproving of the self-implementing cleanup, or
requiring additional information. If the EPA Regional Administrator does
not respond within 30 calendar days of receiving the
[[ Page 624 ]]
notice, the person submitting the notification may assume that it
is complete and acceptable and proceed with the cleanup according to the
information the person provided to the EPA Regional Administrator. Once
cleanup is underway, the person conducting the cleanup must provide any
proposed changes from the notification to the EPA Regional Administrator
in writing no less than 14 calendar days prior to the proposed
implementation of the change. The EPA Regional Administrator will
determine in his or her discretion whether to accept the change, and
will respond to the change notification verbally within 7 calendar days
and in writing within 14 calendar days of receiving it. If the EPA
Regional Administrator does not respond verbally within 7 calendar days
and in writing within 14 calendar days of receiving the change notice,
the person who submitted it may deem it complete and acceptable and
proceed with the cleanup according to the information in the change
notice provided to the EPA Regional Administrator.
(iii) Any person conducting a cleanup activity may obtain a waiver
of the 30-day notification requirement, if they receive a separate
waiver, in writing, from each of the agencies they are required to
8
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notify under this section. The person must retain the original written
waiver as required in paragraph (a)(9) of this section.
(4) Cleanup levels. For purposes of cleaning, decontaminating, or
removing PCB remediation waste under this section, there are four
general waste categories: bulk PCB remediation waste, non-porous
surfaces, porous surfaces, and liquids. Cleanup levels are based on the
kind of material and the potential exposure to PCBs left after cleanup
is completed.
(i) Bulk PCB remediation waste. Bulk PCB remediation waste includes,
but is not limited to, the following non-liquid PCB remediation waste:
soil, sediments, dredged materials, muds, PCB sewage sludge, and
industrial sludge.
(A) High occupancy areas. The cleanup level for bulk PCB remediation
waste in high occupancy areas is z 1 ppm without further conditions.
High occupancy areas where bulk PCB remediation waste remains at
concentrations 1 ppm and ^10 ppm shall be covered with a
cap meeting the requirements of paragraphs (a)(7) and (a)(8) of this
section.
(B) Low occupancy areas. (1) The cleanup level for bulk PCB
remediation waste in low occupancy areas is <,25 ppm unless otherwise
specified in this paragraph.
(2) Bulk PCB remediation wastes may remain at a cleanup site at
concentrations >25 ppm and <;50 ppm if the site is secured
by a fence and marked with a sign including the ML mark.
(3) Bulk PCB remediation wastes may remain at a cleanup site at
concentrations >25 ppm and ^100 ppm if the site is covered
with a cap meeting the requirements of paragraphs (a)(7) and (a)(8) of
this section.
(ii) Non-porous surfaces. In high occupancy areas, the surface PCB
cleanup standard is ^10 ng/100 cm2 of surface area. In
low occupancy areas, the surface cleanup standard is < 100 ug/100
cm2 of surface area. Select sampling locations in accordance
with subpart P of this part or a sampling plan approved under paragraph
(c) of this section.
(iii) Porous surfaces. In both high and low occupancy areas, any
person disposing of porous surfaces must do so based on the levels in
paragraph (a)(4)(i) of this section. Porous surfaces may be cleaned up
for use in accordance with Sec. 761.79(b)(4) or Sec. 761.30(p).
(iv) Liquids. In both high and low occupancy areas, cleanup levels
are the concentrations specified in Sec. 761.79(b)(l) and (b)(2).
(v) Change in the land use for a cleanup site. Where there is an
actual or proposed change in use of an area cleaned up to the levels of
a low occupancy area, and the exposure of people or animal life in or at
that area could reasonably be expected to increase, resulting in a
change in status from a low occupancy area to a high occupancy area, the
owner of the area shall clean up the area in accordance with the high
occupancy area cleanup levels in paragraphs (a)(4)(i) through (a)(4)(iv)
of this section.
(vi) The EPA Regional Administrator, as part of his or her response
to a notification submitted in accordance with Sec. 761.61(a)(3) of this
part, may require cleanup of the site, or portions of
[[Page 625]]
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it, to more stringent cleanup levels than are otherwise required in this
section, based on the proximity to areas such as residential dwellings,
hospitals, schools, nursing homes, playgrounds, parks, day care centers,
endangered species habitats, estuaries, wetlands, national parks,
national wildlife refuges, commercial fisheries, and sport fisheries.
(5) Site cleanup. In addition to the options set out in this
paragraph, PCB disposal technologies approved under Sees. 761.60 and
761.70 are acceptable for on-site self-implementing PCB remediation
waste disposal within the confines of the operating conditions of the
respective approvals.
(i) Bulk PCB remediation waste. Any person cleaning up bulk PCB
remediation waste shall do so to the levels in paragraph (a)(4)(i) of
this section.
(A) Any person cleaning up bulk PCB remediation waste on-site using
a soil washing process may do so without EPA approval, subject to all of
the following:
(1) A non-chlorinated solvent is used.
(2) The process occurs at ambient temperature.
(3) The process is not exothermic.
(4) The process uses no external heat.
(5) The process has secondary containment to prevent any solvent
from being released to the underlying or surrounding soils or surface
waters.
(6) Solvent disposal, recovery, and/or reuse is in accordance with
relevant provisions of approvals issued according to paragraphs (b)(l)
or (c) of this section or applicable paragraphs of Sec. 761.79.
(B) Bulk PCB remediation waste may be sent off-site for
decontamination or disposal in accordance with this paragraph, provided
the waste is either dewatered on-site or transported off-site in
containers meeting the requirements of the DOT Hazardous Materials
Regulations (HMR) at 49 CFR parts 171 through 180.
(1) Removed water shall be disposed of according to paragraph (b)(l)
of this section.
(2) Any person disposing off-site of dewatered bulk PCB remediation
waste shall do so as follows:
(i) Unless sampled and analyzed for disposal according to the
procedures set out in Sec. Sec. 761.283, 761.286, and 761.292, the bulk
PCB remediation waste shall be assumed to contain ^50 ppm PCBs.
(ii) Bulk PCB remediation wastes with a PCB concentration of <50 ppm
shall be disposed of in accordance with paragraph (a)(5)(v)(A) of this
section.
(iii) Bulk PCB remediation wastes with a PCB concentration a 50
ppm shall be disposed of in a hazardous waste landfill permitted by EPA
under section 3004 of RCRA, or by a State authorized under section 3006
of RCRA, or a PCB disposal facility approved under this part.
(iv) The generator must provide written notice, including the
quantity to be shipped and highest concentration of PCBs (using
extraction EPA Method 3500B/3540C or Method 3500B/3550B followed by
chemical analysis using EPA Method 8082 in SW-846 or methods validated
under subpart Q of this part) at least 15 days before the first shipment
of bulk PCB remediation waste from each cleanup site by the generator,
to each off-site facility where the waste is destined for an area not
subject to a TSCA PCB Disposal Approval.
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(3) Any person may decontaminate bulk PCB remediation waste in
accordance with Sec. 761.79 and return the waste to the cleanup site for
disposal as long as the cleanup standards of paragraph (a)(4) of this
section are met.
(ii) Non-porous surfaces. PCB remediation waste non-porous surfaces
shall be cleaned on-site or off-site for disposal on-site, disposal off-
site, or use, as follows:
(A) For on-site disposal, non-porous surfaces shall be cleaned on-
site or off-site to the levels in paragraph (a)(4)(ii) of this section
using:
(1) Procedures approved under Sec. 761.79.
(2) Technologies approved under Sec. 761.60(e).
(3) Procedures or technologies approved under paragraph (c) of this
section.
(B) For off-site disposal, non-porous surfaces:
(1) Having surface concentrations <100 ug/100 cm2
shall be disposed of in accordance with paragraph (a)(5)(i)(B)(2)(ii) of
this section. Metal
[[ Page 626 ]]
surfaces may be thermally decontaminated hi accordance with
Sec. 761.79(c)(6)(i).
(2) Having surface concentrations * 100 ug/100 cm2
shall be disposed of in accordance with paragraph (a)(5)(i)(B)(2)(iii)
of this section. Metal surfaces may be thermally decontaminated in
accordance with Sec. 761.79(c)(6)(ii).
(C) For use, non-porous surfaces shall be decontaminated on-site or
off-site to the standards specified hi Sec. 761.79(b)(3) or in
accordance with Sec. 761.79(c).
(iii) Porous surfaces. Porous surfaces shall be disposed on-site or
off-site as bulk PCB remediation waste according to paragraph (a)(5)(i)
of this section or decontaminated for use according to
Sec. 761.79(b)(4), as applicable.
(iv) Liquids. Any person disposing of liquid PCB remediation waste
shall either:
(A) Decontaminate the waste to the levels specified in
Sec. 761.79(b)(l)or(b)(2).
(B) Dispose of the waste in accordance with paragraph (b) of this
section or an approval issued under paragraph (c) of this section.
(v) Cleanup wastes. Any person generating the following wastes
during and from the cleanup of PCB remediation waste shall dispose of or
reuse them using one of the following methods:
(A) Non-liquid cleaning materials and personal protective equipment
waste at any concentration, including non-porous surfaces and other non-
liquid materials such as rags, gloves, booties, other disposable
personal protective equipment, and similar materials resulting from
cleanup activities shall be either decontaminated in accordance with
Sec. 761.79(b) or (c), or disposed of in one of the following
facilities, without regard to the requirements of subparts J and K of
this part:
(1) A facility permitted, licensed, or registered by a State to
manage municipal solid waste subject to part 258 of this chapter.
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(2) A facility permitted, licensed, or registered by a State to
manage non-municipal non-hazardous waste subject to Sec. Sec. 257.5
through 257.30 of this chapter, as applicable.
(3) A hazardous waste landfill permitted by EPA under section 3004
of RCRA, or by a State authorized under section 3006 of RCRA.
(4) A PCB disposal facility approved under this part.
(B) Cleaning solvents, abrasives, and equipment may be reused after
decontamination in accordance with Sec. 761.79.
(6) Cleanup verification--(i) Sampling and analysis. Any person
collecting and analyzing samples to verify the cleanup and on-site
disposal of bulk PCB remediation wastes and porous surfaces must do so
in accordance with subpart O of this part. Any person collecting and
analyzing samples from non-porous surfaces must do so in accordance with
subpart P of this part. Any person collecting and analyzing samples from
liquids must do so in accordance with Sec. 761.269. Any person
conducting interim sampling during PCB remediation waste cleanup to
determine when to sample to verify that cleanup is complete, may use PCB
field screening tests.
(ii) Verification. (A) Where sample analysis results in a
measurement of PCBs less than or equal to the levels specified in
paragraph (a)(4) of this section, self-implementing cleanup is complete.
(B) Where sample analysis results in a measurement of PCBs greater
than the levels specified in paragraph (a)(4) of this section, self-
implementing cleanup of the sampled PCB remediation waste is not
complete. The owner or operator of the site must either dispose of the
sampled PCB remediation waste, or reclean the waste represented by the
sample and reinitiate sampling and analysis in accordance with paragraph
(a)(6)(i) of this section.
(7) Cap requirements. A cap means, when referring to on-site cleanup
and disposal of PCB remediation waste, a uniform placement of concrete,
asphalt, or similar material of minimum thickness spread over the area
where remediation waste was removed or left in place in order to prevent
or minimize human exposure, infiltration of water, and erosion. Any
person designing and constructing a cap must do so in accordance with
Sec. 264.310(a) of this chapter, and ensure that it complies with the
permeability, sieve, liquid limit, and plasticity index parameters in
Sec. 761.75(b)(l)(ii) through (b)(l)(v). A
[[ Page 627 ]]
cap of compacted soil shall have a minimum thickness of 25 cm (10
inches). A concrete or asphalt cap shall have a minimum thickness of 15
cm (6 inches). A cap must be of sufficient strength to maintain its
effectiveness and integrity during the use of the cap surface which is
exposed to the environment. A cap shall not be contaminated at a level
s 1 ppm PCB per AroclorTM (or equivalent) or per congener.
Repairs shall begin within 72 hours of discovery for any breaches which
would impair the integrity of the cap.
(8) Deed restrictions for caps, fences and low occupancy areas. When
a cleanup activity conducted under this section includes the use of a
fence or a cap, the owner of the site must maintain the fence or cap, in
perpetuity. In addition, whenever a cap, or the procedures and
requirements for a low occupancy area, is used, the owner of the site
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must meet the following conditions:
(i) Within 60 days of completion of a cleanup activity under this
section, the owner of the property shall:
(A) Record, in accordance with State law, a notation on the deed to
the property, or on some other instrument which is normally examined
during a title search, that will in perpetuity notify any potential
purchaser of the property:
(1) That the land has been used for PCB remediation waste disposal
and is restricted to use as a low occupancy area as defined in
Sec. 761.3.
(2) Of the existence of the fence or cap and the requirement to
maintain the fence or cap.
(3) The applicable cleanup levels left at the site, inside the
fence, and/or under the cap.
(B) Submit a certification, signed by the owner, that he/she has
recorded the notation specified in paragraph (a)(8)(i)(A) of this
section to the EPA Regional Administrator.
(ii) The owner of a site being cleaned up under this section may
remove a fence or cap after conducting additional cleanup activities and
achieving cleanup levels, specified in paragraph (a)(4) of this section,
which do not require a cap or fence. The owner may remove the notice on
the deed no earlier than 30 days after achieving the cleanup levels
specified in this section which do not require a fence or cap.
(9) Recordkeeping. For paragraphs (a)(3), (a)(4), and (a)(5) of this
section, recordkeeping is required in accordance with
Sec. 761.125(c)(5).
(b) Performance-based disposal. (1) Any person disposing of liquid
PCB remediation waste shall do so according to Sec. 761.60(a) or (e), or
decontaminate it in accordance with Sec. 761.79.
(2) Any person disposing of non-liquid PCB remediation waste shall
do so by one of the following methods:
(i) Dispose of it in a high temperature incinerator approved under
Sec. 761.70(b), an alternate disposal method approved under
Sec. 761.60(e), a chemical waste landfill approved under Sec. 761.75, or
in a facility with a coordinated approval issued under Sec. 761.77.
(ii) Decontaminate it in accordance with Sec. 761.79.
(3) Any person may manage or dispose of material containing <50 ppm
PCBs that has been dredged or excavated from waters of the United
States:
(i) In accordance with a permit that has been issued under section
404 of the Clean Water Act, or the equivalent of such a permit as
provided for in regulations of the U.S. Army Corps of Engineers at 33
CFR part 320.
(ii) In accordance with a permit issued by the U.S. Army Corps of
Engineers under section 103 of the Marine Protection, Research, and
Sanctuaries Act, or the equivalent of such a permit as provided for in
regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
(c) Risk-based disposal approval. (1) Any person wishing to sample,
cleanup, or dispose of PCB remediation waste in a manner other than
prescribed in paragraphs (a) or (b) of this section, or store PCB
remediation waste in a manner other than prescribed in Sec. 761.65, must
apply in writing to the EPA Regional Administrator in the Region
where the sampling, cleanup, disposal or storage site is located, for
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sampling, cleanup, disposal or storage occurring in a single EPA Region;
or to the Director of the National Program Chemicals Division, for
sampling, cleanup, disposal or storage occurring in more than one EPA
Region. Each application must contain information described in
[[Page 628]]
the notification required by Sec. 761.61(a)(3). EPA may request other
information that it believes necessary to evaluate the application. No
person may conduct cleanup activities under this paragraph prior to
obtaining written approval by EPA.
(2) EPA will issue a written decision on each application for a
risk-based method for PCB remediation wastes. EPA will approve such an
application if it finds that the method will not pose an unreasonable
risk of injury to health or the environment.
[63 FR 35448, June 29,1998, as amended at 64 FR 33761, June 24,1999]
[[ Page 630 ]]
Sec. 761.65 Storage for disposal.
This section applies to the storage for disposal of PCBs at
concentrations of 50 ppm or greater and PCB Items with PCB
concentrations of 50 ppm or greater.
(a)(l) Storage limitations. Any PCB waste shall be disposed of as
required by subpart D of this part within 1-year from the date it was
determined to be PCB waste and the decision was made to dispose of it.
This date is the date of removal from service for disposal and the point
at which the 1-year time frame for disposal begins. PCB/radioactive
waste removed from service for disposal is exempt from the 1-year time
limit provided that the provisions at paragraphs (a)(2)(ii) and
(a)(2)(iii) of this section are followed and the waste is managed in
accordance with all other applicable Federal, State, and local laws and
regulations for the management of radioactive material.
(2) One-year extension. Any person storing PCB waste that is subject
to the 1-year time limit for storage and disposal in paragraph (a)(l) of
this section may provide written notification to the EPA Regional
Administrator for the Region in which the PCB waste is stored that their
continuing attempts to dispose of or secure disposal for their waste
within the 1-year time limit have been unsuccessful. Upon receipt of the
notice by the EPA Regional Administrator, the time for disposal is
automatically extended for 1 additional year (2 years total) if the
following conditions are met:
(i) The notification is received by the EPA Regional Administrator
at least 30 days before the initial 1-year time limit expires and the
notice identifies the storer, the types, volumes, and locations of the
waste and the reasons for failure to meet the initial 1-year time limit.
(ii) A written record documenting all continuing attempts to secure
disposal is maintained until the waste is disposed of.
(iii) The written record required by paragraph (a)(2)(ii) of this
section is available for inspection or submission if requested by EPA.
(iv) Continuing attempts to secure disposal were initiated within
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270 days after the time the waste was first subject to the 1-year time
limit requirement, as specified in paragraph (a)(l) of this section.
Failure to initiate and continue attempts to secure disposal throughout
the total time the waste is in storage shall automatically disqualify
the notifier from receiving an automatic extension under this section.
(3) Additional extensions. Upon written request, the EPA Regional
Administrator for the Region in which the wastes are stored or the
Director, National Program Chemicals Division, may grant additional
extensions beyond the 1-year extension authorized in paragraph (a)(2) of
this section. At the time of the request, the requestor must supply
specific justification for the additional extension and indicate what
measures the requestor is taking to secure disposal of the waste or
indicate why disposal could not be conducted during the period of the
prior extension. The EPA Regional Administrator or the Director,
National Program Chemicals Division may require, as a condition to
granting any extension under this section, specific actions including,
but not limited to, marking, inspection, recordkeeping, or financial
assurance to ensure that the waste does not pose an unreasonable risk of
injury to health or the environment.
[[Page 631]]
(4) Storage at an approved facility. Increased time for storage may
be granted as a condition of any TSCA PCB storage or disposal approval,
by the EPA Regional Administrator for the Region in which the PCBs or
PCB Items are to be stored or disposed of, or by the Director, National
Program Chemicals Division, if EPA determines that there is a
demonstrated need or justification for additional time, that the owner
or operator of the facility is pursuing relevant treatment or disposal
options, and that no unreasonable risk of injury to health or the
environment will result from the increased storage time. In making this
determination, EPA will consider such factors as absence of any approved
treatment technology and insufficient time to complete the treatment or
destruction process. EPA may require as a condition of the approval that
the owner or operator submit periodic progress reports.
(c)(l) The following PCB Items may be stored temporarily in an area
that does not comply with the requirements of paragraph (b) of this
section for up to thirty days from the date of their removal from
service, provided that a notation is attached to the PCB Item or a PCB
Container (containing the item) indicating the date the item was removed
from service:
[[Page 632]]
(i) Non-leaking PCB Articles and PCB Equipment;
(ii) Leaking PCB Articles and PCB Equipment if the PCB Items are
placed in a non-leaking PCB Container that contains sufficient sorbent
materials to absorb any liquid PCBs remaining in the PCB Items;
(iii) PCB Containers containing non-liquid PCBs such as contaminated
soil, rags, and debris; and
15
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p. 80
(iv) PCB containers containing liquid PCBs at concentrations of
[ge]50 ppm, provided a Spill Prevention, Control and Countermeasure Plan
has been prepared for the temporary storage area in accordance with part
112 of this chapter and the liquid PCB waste is in packaging authorized
in the DOT Hazardous Materials Regulations at 49 CFR parts 171 through
180 or stationary bulk storage tanks (including rolling stock such as,
but not limited to, tanker trucks, as specified by DOT).
(2) Non-leaking and structurally undamaged PCB Large High Voltage
Capacitors and PCB-Contaminated Electrical Equipment that have not been
drained of free flowing dielectric fluid may be stored on pallets next
to a storage facility that meets the requirements of paragraph (b) of
this section. PCB-Contaminated Electrical Equipment that has been
drained of free flowing dielectric fluid is not subject to the storage
provisions of Sec. 761.65. Storage under this subparagraph will be
permitted only when the storage facility has immediately available
unfilled storage space equal to 10 percent of the volume of capacitors
and equipment stored outside the facility. The capacitors and equipment
temporarily stored outside the facility shall be checked for leaks
weekly.
(3) Any storage area subject to the requirements of paragraph (b) or
paragraph (c)(l) of this section shall be marked as required in subpart
CSec. 761.40(a)(10).
(4) No item of movable equipment that is used for handling PCBs and
PCB Items in the storage units and that comes in direct contact with
PCBs shall be removed from the storage unit area unless it has been
decontaminated as specified in Sec. 761.79.
(5) All PCB Items in storage shall be checked for leaks at least
once every 30 days. Any leaking PCB Items and their contents shall be
transferred immediately to properly marked non-leaking containers. Any
spilled or leaked materials shall be immediately cleaned up and the
materials and residues containing PCBs shall be disposed of in
accordance with Sec. 761.61. Records of inspections, maintenance,
cleanup and disposal must be maintained in accordance with
Sec. 761.180(a)and(b).
(6) Except as provided in paragraphs (c)(6)(i) and (c)(6)(ii) of
this section, any container used for the storage of liquid or non-liquid
PCB waste shall be in accordance with the requirements set forth in the
DOT Hazardous Materials Regulations (HMR) at 49 CFR parts 171 through
180. PCB waste not subject to the HMR (i.e., PCB wastes at
concentrations of <20 ppm or <1 pound of PCBs regardless of
concentration) must be packaged in accordance with Packaging Group III,
unless other hazards associated with the PCB waste cause it to require
packaging in accordance with Packaging Groups I or II. For purposes of
describing PCB waste not subject to DOT's HMR on a manifest, one may use
the term "Non-DOT Regulated PCBs."
(i) Containers other than those meeting HMR performance standards
may be used for storage of PCB/radioactive waste provided the following
requirements are met:
(A) Containers used for storage of liquid PCB/radioactive wastes
must be non-leaking.
(B) Containers used for storage of non-liquid PCB/ radioactive
wastes must be designed to prevent the buildup of liquids if such
containers are stored in an area meeting the containment requirements of
16
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paragraph (b)(l)(ii) of this section, as well as all other applicable
State or Federal regulations or requirements for control of radioactive
materials.
(C) Containers used to store both liquid and non-liquid PCB/
radioactive wastes must meet all regulations and requirements pertaining
to nuclear criticality safety. Acceptable container materials currently
include polyethylene and stainless steel provided that the container
material is chemically compatible with the wastes being stored. Other
containers may be used
[[Page 633]]
to store both liquid and non-liquid PCB/radioactive wastes if the users
are able to demonstrate, to the appropriate Regional Administrator and
other appropriate regulatory authorities (i.e., Nuclear Regulatory
Commission, Department of Energy or the Department of Transportation),
that the use of such containers is protective of health and the
environment as well as public health and safety.
(ii) The following DOT specification containers that conform to the
requirements of 49 CFR, chapter I, subchapter C in effect on September
30, 1991, may be used for storage and transportation activities that are
not subject to DOT regulation, and may be used on a transitional basis
as permitted at 49 CFR 171.14. For liquid PCBs: Specification 5
container without removable head, Specification 5B container without
removable head, Specification 6D overpack with Specification 2S or 2SL
polyethylene containers, or Specification 17E container. For non-liquid
PCBs: Specification 5 container, Specification 5B container, or
Specification 17C container.
(7) Stationary storage containers for liquid PCBs can be larger than
the containers specified in paragraph (c)(6) of this section provided
that:
(i) The containers are designed, constructed, and operated in
compliance with Occupational Safety and Health Standards, 29 CFR
1910.106, Flammable and combustible liquids. Before using these
containers 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 (see 29 CFR 1910.106(b)(l)(i)(f)).
(ii) The owners or operators of any facility using containers
described in paragraph (c)(7)(i) of this section, shall prepare and
implement a Spill Prevention Control and Countermeasure (SPCC) Plan as
described in part 112 of this title. In complying with 40 CFR part 112,
the owner or operator shall read "oil(s)" as "PCB(s)" whenever it
appears. The exemptions for storage capacity, 40 CFR 112.1(d)(2), and
the amendment of SPCC plans by the Regional Administrator, 40 CFR 112.4,
shall not apply unless some fraction of the liquids stored in the
container are oils as defined by section 311 of the Clean Water Act.
(8) PCB Items shall be dated on the item when they are removed from
service for disposal. The storage shall be managed so that the PCB Items
can be located by this date. Storage containers provided in paragraph
(c)(7) of this section, shall have a record that includes for each batch
of PCBs the quantity of the batch and date the batch was added to the
container. The record shall also include the date, quantity, and
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p. 82
disposition of any batch of PCBs removed from the container.
(9) Bulk PCB remediation waste or PCB bulk product waste may be
stored at the clean-up site or site of generation for 180 days subject
to the following conditions:
(i) The waste is placed in a pile designed and operated to control
dispersal of the waste by wind, where necessary, by means other than
wetting.
(ii) The waste must not generate leachate through decomposition or
other reactions.
(iii) The storage site must have:
(A) A liner that is designed, constructed, and installed to prevent
any migration of wastes off or through the liner into the adjacent
subsurface soil, ground water or surface water at any time during the
active life (including the closure period) of the storage site. The
liner may be constructed of materials that may allow waste to migrate
into the liner. The liner must be:
(1) Constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due
to pressure gradients (including static head and external hydrogeologic
forces), physical contact with the waste or leachate to which they are
exposed, climatic conditions, the stress of installation, and the stress
of daily operation.
(2) Placed upon a foundation or base capable of providing support to
the liner and resistance to pressure gradients above and below the liner
to prevent failure of the liner due to settlement, compression, or
uplift.
(3) Installed to cover all surrounding earth likely to be in contact
with the waste.
[[Page 634]]
(B) A cover that meets the requirements of paragraph (c)(9)(iii)(A)
of this section, is installed to cover all of the stored waste likely to
be contacted with precipitation, and is secured so as not to be
functionally disabled by winds expected under normal seasonal
meteorological conditions at the storage site.
(C) A run-on control system designed, constructed, operated, and
maintained such that:
(1) It prevents flow onto the stored waste during peak discharge
from at least a 25-year storm.
(2) It collects and controls at least the water volume resulting
from a 24-hour, 25-year storm. Collection and holding facilities (e.g.,
tanks or basins) must be emptied or otherwise managed expeditiously
after storms to maintain design capacity of the system.
(iv) The provisions of this paragraph may be modified under
Sec. 761.61(c).
(10) Owners or operators of storage facilities shall establish and
maintain records as provided in Sec. 761.180.
(Sec. 6, Pub. L. 94-469, 90Stat. 2020 (15 U.S.C. 2605)
[44 FR 31542, May 31,1979. Redesignated at 47 FR19527, May 6,1982,
and amended at 47 FR 37359, Aug. 8,1982; 49 FR 28191, July 10,1984; 53
18
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FR12524, Apr. 15,1988; 54 FR 52746, Dec. 21,1989; 55 FR 695, Jan. 8,
1990; 55 FR 26205, June 27,1990; 58 FR 15809, Mar. 24,1993; 58 FR
34205, June 23,1993; 58 FR 59374, Nov. 9,1993; 63 FR 35439, 35452,
June 29,1998]
((Page 655 ]]
Sec. 761.79 Decontamination standards and procedures.
(b) Decontamination standards. Chopping (including wire chopping),
distilling, filtering, oil/water separation, spraying, soaking, wiping,
stripping of insulation, scraping, scarification or the use of abrasives
or solvents may be used to remove or separate PCBs, to the following
standards, from liquids, concrete, or non-porous surfaces.
(1) The decontamination standard for water containing PCBs is:
(i) Less than 200 ug/L (i.e., <200 ppb PCBs) for non-contact use
in a closed system where there are no releases;
(ii) For water discharged to a treatment works (as defined in
Sec. 503.9(aa) of this chapter) or to navigable waters, <3 ug/L
(approximately <3 ppb) or a PCB discharge limit included in a permit
issued under section 307(b) or 402 of the Clean Water Act; or
(iii) Less than or equal to 0.5 ug/L (i.e., approximately <;0.5
ppb PCBs) for unrestricted use.
(2) The decontamination standard for organic liquids and non-aqueous
inorganic liquids containing PCBs is <2 milligrams per kilogram (i.e.,
<2 ppm PCBs).
(3) The decontamination standard for non-porous surfaces in contact
with liquid and non-liquid PCBs is:
(i) For unrestricted use:
(A) For non-porous surfaces previously in contact with liquid PCBs
at any concentration, where no free-flowing liquids are currently
present, slO micrograms PCBs per 100 square centimeters (^10
ug/100 cm2) as measured by a standard wipe test
(Sec. 761.123) at locations selected in accordance with subpart P of
this part.
(B) For non-porous surfaces in contact with non-liquid PCBs
(including non-porous surfaces covered with a porous surface, such as
paint or coating on metal), cleaning to Visual Standard No. 2, Near-
White Blast Cleaned Surface Finish, of the National Association of
Corrosion Engineers (NACE). A person shall verify compliance with
standard No. 2 by visually inspecting all cleaned areas.
(ii) For disposal in a smelter operating in accordance with
Sec. 761.72(b):
(A) For non-porous surfaces previously in contact with liquid PCBs
at any concentration, where no free-flowing liquids are currently
present, <100 ug/100 cm2 as measured by a standard wipe
test (Sec. 761.123) at locations selected hi accordance with subpart P
of this part.
(B) For non-porous surfaces in contact with non-liquid PCBs
(including non-porous surfaces covered with a porous surface, such as
paint or coating on metal), cleaning to Visual Standard No. 3,
Commercial Blast Cleaned Surface Finish, of the National Association of
Corrosion Engineers (NACE). A person shall verify compliance with
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p. 84
standard No. 3 by visually inspecting all cleaned areas.
(4) The decontamination standard for concrete is s 10 ug/100
cm2 as measured by a standard wipe test (Sec. 761.123) if the
decontamination procedure is commenced within 72 hours of the initial
spill of PCBs to the concrete or portion thereof being decontaminated.
[63 FR 35457, June 29,1998, as amended at 64 FR 33761, June 24,1999]
Subpart G-PCB Spill Cleanup Policy
[[ Page 668 ]]
Sec. 761.125 Requirements for PCB spill cleanup.
(c) Requirements for cleanup of high-concentration spills and low-
concentration spills involving 1 pound or more PCBs by weight (270
gallons or more of untested mineral oil). Cleanup of low-concentration
spills involving 1 Ib or more PCBs by weight and of all spills of
materials other than low-concentration materials shall be considered
complete if all of the immediate requirements, cleanup standards,
sampling, and recordkeeping requirements of paragraphs (c) (1) through
(5) of this section are met.
[[ Page 670 ]]
(5) Records. The responsible party shall document the cleanup with
records of decontamination. The records must be maintained for a period
of 5 years. The records and certification shall consist of the
following:
(i) Identification of the source of the spill, e.g., type of
equipment.
(ii) Estimated or actual date and time of the spill occurrence.
(iii) The date and time cleanup was completed or terminated (if
cleanup was delayed by emergency or adverse weather: the nature and
duration of the delay).
(iv) A brief description of the spill location and the nature of the
materials contaminated. This information should include whether the
spill occurred in an outdoor electrical substation, other restricted
access location, or in a nonrestricted access area.
(v) Precleanup sampling data used to establish the spill boundaries
if required because of insufficient visible traces and a brief
description of the sampling methodology used to establish the spill
boundaries.
(vi) A brief description of the solid surfaces cleaned.
(vii) Approximate depth of soil excavation and the amount of soil
removed.
(viii) Postcleanup verification sampling data and, if not otherwise
apparent from the documentation, a brief description of the sampling
methodology and analytical technique used.
(ix) While not required for compliance with this policy, information
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on the estimated cost of cleanup (by man-hours, dollars, or both) would
be useful if maintained in the records.
[52 FR10705, Apr. 2,1987, as amended at 53 FR 40884, Oct. 19,1988; 63
FR 35461, June 29,1998]
Subpart N~Cleanup Site Characterization Sampling for PCB Remediation
Waste in Accordance with Sec. 761.61(a)(2)
Source: 63 FR 35465, June 29,1998, unless otherwise noted.
[[ Page 690 ]]
Sec. 761.269 Sampling liquid PCB remediation waste.
(a) If the liquid is single phase, collect and analyze one sample.
There are no required procedures for collecting a sample.
(b) If the liquid is multi-phasic, separate the phases, and collect
and analyze a sample from each liquid phase. There are no required
procedures for collecting a sample from each single phase liquid.
(c) If the liquid has a non-liquid phase which is 0.5
percent by total weight of the waste, separate the non-liquid phase from
the liquid phase and sample it separately as a non-liquid in accordance
with Sec. 761.265.
[[Page 691]]
Subpart O~Sampling to Verify Completion of Self-Implementing Cleanup
and On-Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces
in Accordance with Sec. 761.61(a)(6)
Source: 63 FR 35465, June 29,1998, unless otherwise noted.
Sec. 761.283 Determination of the number of samples to collect and
sample collection locations.
This section addresses how to determine the number of samples to
collect and sample collection locations for bulk PCB remediation waste
and porous surfaces destined to remain at a cleanup site after cleanup.
(a) Minimum number of samples. (1) At each separate cleanup site at
a PCB remediation waste location, take a minimum of three samples for
each type of bulk PCB remediation waste or porous surface at the cleanup
site, regardless of the amount of each type of waste that is present.
There is no upper limit to the number of samples required or allowed.
(2) This is an example of how to calculate the minimum number of
required samples at a PCB remediation waste location. There are three
distinct cleanup sites at this example location: a loading dock, a
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transformer storage lot, and a disposal pit. The minimum number of
samples to take appears in parentheses after each type of waste for each
cleanup site. The PCB remediation wastes present at the loading dock are
concrete (three samples) and clay soil (three samples). The non-liquid
PCB remediation wastes present at the transformer storage lot are oily
soil (three samples), clay soil (three samples) and gravel (three
samples). The PCB remediation wastes present at the disposal pit are
sandy soil (three samples), clay soil (three samples), oily soil (three
samples), industrial sludge (three samples), and gravel (three samples).
(b) Selection of sample locations-general. (l)(i) Use a square-
based grid system to overlay the entire area to be sampled. Orient the
grid axes on a magnetic north-south line centered in the area and an
east-west axis perpendicular to the magnetic north-south axis also
centered in the area.
(ii) If the site is recleaned based on the results of cleanup
verification conducted in accordance with Sec. 761.61(a)(6), follow the
procedures in paragraph (b) of this section for locating sampling
[[Page 692]]
points after the recleaning, but reorient the grid axes established in
paragraph (b)(l)(i) of this section by moving the origin one meter in
the direction of magnetic north and one meter in the direction east of
magnetic north.
(2) Mark out a series of sampling points 1.5 meters apart oriented
to the grid axes. The sampling points shall proceed in every direction
to the extent sufficient to result in a two-dimensional grid completely
overlaying the sampling area.
(3) Collect a sample at each point if the grid falls in the cleanup
area. Analyze all samples either individually or according to the
compositing schemes provided in the procedures at Sec. 761.289. So long
as every sample collected at a grid point is analyzed as either an
individual sample or as part of a composite sample, there are no other
restrictions on how many samples are analyzed.
(c) Selection of sample locations-small cleanup sites. When a
cleanup site is sufficiently small or irregularly shaped that a square
grid with a grid interval of 1.5 meters will not result in a minimum of
three sampling points for each type of bulk PCB remediation waste or
porous surface at the cleanup site, there are two options.
(1) Use a smaller square grid interval and the procedures in
paragraph (b) of this section.
(2) Use the following coordinate-based random sampling scheme. If
the site is recleaned based on the results of cleanup verification
conducted in accordance with Sec. 761.61(a)(6), follow the procedures in
this section for locating sampling points after the recleaning, but
select three new pairs of sampling coordinates.
(i) Beginning in the southwest corner (lower left when facing
magnetic north) of the area to be sampled, measure in centimeters (or
inches) the maximum magnetic north-south dimension of the area to be
sampled. Next, beginning in the southwest corner, measure in centimeters
(or inches) the maximum magnetic east-west dimension of the area to be
sampled. Designate the north-south and east-west dimensions (describing
the west and south boundaries, respectively, of the area to be sampled),
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as the reference axes of a square-based grid system.
(ii) Use a random number table or random number generator to select
a pair of coordinates that will locate the sample within the area to be
sampled. The first coordinate in the pair is the measurement on the
north-south axis. The second coordinate in the pair is the measurement
on the east-west axis. Collect the sample at the intersection of an
east-west line drawn through the measured spot on the north-south axis,
and a north-south line drawn through the measured spot on the east-west
axis. If the cleanup site is irregularly shaped and this intersection
falls outside the cleanup site, select a new pair of sampling
coordinates. Continue to select pairs of sampling coordinates until
three are selected for each type of bulk PCB remediation waste or porous
surface at the cleanup site.
(d) Area of inference. Analytical results for an individual sample
point apply to the sample point and to an area of inference extending to
four imaginary lines parallel to the grid axes and one half grid
interval distant from the sample point in four different directions. The
area of inference forms a square around the sample point. The sides of
the square are parallel to the grid axes and one grid interval in
length. The sample point is in the center of the square area of
inference. The area of inference from a composite sample is the total of
the areas of the individual samples included in the composite.
Sec. 761.286 Sample size and procedure for collecting a sample.
At each selected sampling location for bulk PCB remediation waste or
porous surfaces, collect at least 20 milliliters of waste, or a portion
of sufficient weight for the chemical analyst to measure the
concentration of PCBs and still have sufficient analytical detection
sensitivity to reproducibly measure PCBs at the levels designated in
Sec. 761.61(a)(4). Use a core sampler having a diameter ^2 cm and
<;3 cm. Collect waste to a maximum depth of 7.5 cms.
[[ Page 694 ]]
Sec. 761.292 Chemical extraction and analysis of individual samples
and composite samples.
Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-
846, Test Methods for Evaluating Solid Waste, or a method validated
under subpart Q of this part, for chemical extraction of PCBs from
individual and composite samples of PCB remediation waste. Use Method
8082 from SW-846, or a method validated under subpart Q of this part, to
analyze these extracts for PCBs.
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