U.S.
Amendments to PCB Regulations
Fact Sheet: Performance-Based Cleanup
and Disposal Under Section 761.61(b)
March 2025
Environmental Protection Agency
This fact sheet1 describes changes to the federal poly chlorinated
biphenyl (PCB) regulations at 40 Code of Federal Regulations
(CFR) part 761 that went into effect on February 26, 2024,
which amended the performance-based disposal option for PCB
remediation waste at Section 761.61(b) under the Toxic
Substances Control Act (TSCA) ("88 Federal Register 59662;
August 29, 2023).
Performance-Based Cleanup Under
Section 761.61(b)(1)
EPA amended the performance-based disposal option for PCB
remediation waste at Section 761.61(b) to add new performance-
based cleanup standards. The performance-based cleanup option
does not require prior approval from EPA and thus is an
expedient option for those entities removing PCB remediation
wraste from a site, but previously lacked clarity on when a
cleanup is considered complete. The new performance-based
cleanup provisions at Section 761.61(b)(1):
• Establish cleanup levels;
• Prohibit use of Section 761.61 (b)( 1) where cleanup sites are
near sensitive populations or environments;
• Require verification sampling;
• Require recordkeeping; and
• Require a 30-day post-cleanup notification.
Any person may clean up and dispose of PCB remediation waste
at a site in full compliance with the performance-based cleanup
provisions of Section 761.61(b)(1) and disposal provisions of
Section 761.61(b)(2). Alternatively, any person may dispose of
Polychlorinated
Biphenyls (PCBs)
PCBs were domestically
manufactured from 1929
until 1979 and used
extensively in many
applications such as coolants
in hydraulic systems and as
dielectric fluids in electrical
equipment. Most
manufacturing, processing,
distribution in commerce,
and use of PCBs was banned
under TSCA after 1979.
However, PCBs may still be
present in products and
materials produced before
1979 or in excluded
manufacturing processes, as
defined in 40 CFR §761.3,
and can still be released into
the environment, where they
do not readily break down.
PCBs have been identified as
probable human carcinogens
and shown to cause a variety
of non-cancer health effects
(https://www.epa.gov/pcbs
/learn-about-
polvchlorinated-
biphenvls#healtheffects).
1 The statutory provisions and EPA regulations described in this document contain legally binding requirements. This
document does not substitute for those provisions or regulations, nor is it a regulation itself. Thus, it does not impose
legally binding requirements on EPA, states, or the regulated community, and may not apply to a particular situation
based upon the circumstances.
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PCB remediation waste in accordance with the performance-based disposal provisions of
Section 761.61(b)(2), but such disposal does not relieve them of cleanup and disposal obligations
for any PCBs that remain on-site if the performance-based cleanup provisions of
Section 761.61(b)(1) are not met. A responsible party may pair performance-based disposal under
Section 761.61(b)(2) with onsite cleanup under Section 761.61(a), Section 761.61(c), or
Section 761.77 (e.g., state authorized cleanup under a coordinated approval). The regulatory text
explicitly preserves the ability to use Section 761.61(b)(2) solely as a disposal provision, when
combined with one of these cleanup options.
Cleanup Levels
EPA established cleanup levels for sites remediated under the Section 761.61(b)(1) performance-
based cleanup provisions to help responsible parties understand the circumstances under which
they could expect to have no further cleanup responsibility at the site.
The cleanup levels for performance-based disposal under Section 761.61(b)(l)(ii) are as follows:
• For bulk PCB remediation waste and porous surfaces (Section 761.61 (b)( 1 )(ii)(A)): Less than
or equal to (<) 1 part per million (ppm) PCBs
• For liquids (Section 761.61 (b)( 1 )(ii)(B)): Cleanup levels are the concentrations specified in
Section 761.79(b)(1) and (b)(2)
o For water containing PCBs (Section 761.79(b)(1)):
¦ For non-contact use in a closed system where there are no releases: Less than (<) 200
micrograms per liter (|ig/L) (i.e., <200 parts per billion (ppb) PCBs)
¦ For water discharged to a treatment works (as defined in 40 CFR Section 503.9(aa)) or
to navigable waters: <3 |ig/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
¦ For unrestricted use: <0.5 |ig/L (i.e., approximately <0.5 ppb)
o For organic liquids and non-aqueous inorganic liquids containing PCBs: <2 milligrams per
kilogram (mg/kg) (i.e., <2 ppm)
• For non-porous surfaces (Section 761.61(b)(l)(ii)(C)): Cleanup levels are the concentrations
specified in Section 761.79(b)(3)
o For non-porous surfaces in contact with liquid or non-liquid PCBs (Section 761.79(b)(3)):
¦ For unrestricted use:
• For non-porous surfaces previously in contact with liquid PCBs at any
concentration, where no free-flowing liquids are currently present: <10 micrograms
per 100 square centimeters (jag/100 cm2) as measured by a standard wipe test
(Section 761.123) at locations selected in accordance with 40 CFR part 761, subpart
P
• 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) and verifying compliance with
standard No. 2 by visually inspecting all cleaned areas.
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¦ For disposal in a smelter operating in accordance with Section 761.72(b):
• For non-porous surfaces previously in contact with liquid PCBs at any
concentration, where no free-flowing liquids are currently present: <100 jug/100 cm2
as measured by a standard wipe test (Section 761.123) at locations selected in
accordance with 40 CFR part 761, subpart P.
• 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 NACE
and verifying compliance with standard No. 3 by visually inspecting all cleaned
areas.
Applicability Restrictions
Because performance-based cleanup under Section 761.61(b)(1) does not require consultation with
the EPA, the applicability provision at Section 761.61(b)(l)(i)(A) excludes the use of performance-
based cleanup at sites with specific characteristics that merit additional consideration by the EPA.
Performance-based cleanup under Section 761.61(b)(1) may not be used to clean up: (1) surface or
ground waters; (2) sediments in marine and freshwater ecosystems; (3) sewers or sewage treatment
systems; (4) any private or public drinking water sources or distribution systems; (5) grazing or
agricultural lands; (6) vegetable gardens; (7) sites where the cleanup site (as defined in
Section 761.3) is adjacent to, contains, or is proposed to be redeveloped to contain: residential
dwellings, hospitals, schools, nursing homes, playgrounds, parks, day care centers, endangered
species habitats, estuaries, wetlands, national parks, national wildlife refuges, commercial fisheries,
sport fisheries, or surface waters; and (8) sites where the PCB contamination is in the 100-year
floodplain.
Verification Sampling
Under Section 761.61(b)(l)(iii), responsible parties must perform verification sampling in
accordance with the PCB regulations to ensure that the performance-based cleanup levels have
been met. Verification sampling must be conducted in accordance with 40 CFR part 761, subpart O
for bulk PCB remediation waste and porous surfaces; subpart P for nonporous surfaces; and
Section 761.269 for liquid PCB remediation waste. When analysis of each sample results in a
measurement of PCBs less than or equal to the specified cleanup levels in Section 761.61(b)(l)(ii),
the performance-based cleanup is complete. Adequate characterization of the site to identify and
clean up areas of PCB contamination is important to meeting performance-based cleanup levels,
demonstrated by verification sampling.
Recordkeeping Requirements
Under Section 761.61(b)(l)(iv), the performance-based cleanup option requires recordkeeping in
accordance with Section 761.125(c)(5). In addition, applicable recordkeeping requirements in
Section 761.180(a) for PCB remediation waste shipped offsite remain.
Section 761.125(c)(5), which is part of the PCB Spill Cleanup Policy in 40 CFR part 761, subpart
G, requires the responsible party to document the cleanup with records of decontamination. The
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records must be maintained for a period of five years. The records and certifications consist of the
following: (1) identification of the source of the spill, e.g., type of equipment; (2) estimated or
actual date and time of the spill occurrence; (3) 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); (4) a brief description of the spill location and the nature of the materials contaminated;
(5) pre-cleanup 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; (6) a brief description of the solid surfaces cleaned; (7) approximate depth of soil
excavation and the amount of soil removed; (8) post-cleanup verification sampling data and, if not
otherwise apparent from the documentation, a brief description of the sampling methodology and
analytical technique used; and (9) while not required for compliance, information on the estimated
cost of cleanup (by man-hours, dollars, or both) would be useful if maintained in the records.
30-day Post-Cleanup Notification Requirement
Under Section 761.61(b)(l)(v), the performance-based cleanup option requires post-cleanup
notification. Within 30 days of sending the final shipment of waste off-site for disposal from a site
cleaned up under Section 761.61(b)(1), the person in charge of the cleanup or the property owner
must 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 was conducted. The post-cleanup notification must include: site
identification information, including the site address and the name, phone number, and email
address of the site contact; the disposal facility and shipment information, including the disposal
facility's name and address, the manifest tracking number(s), and the quantity of waste shipped; a
summary of the required records under Section 761.125(c)(5); and a certification using the language
in Section 761.3.
Upon review of the cleanup completion notification, EPA may request the responsible party submit
additional information to clarify that the cleanup has been completed in accordance with
Section 761.61(b)(1). EPA may also require additional on-site cleanup upon finding the cleanup
levels in Section 761.61(b)(l)(ii) have not been met.
RCRA Subtitle C Landfill Disposal Option for Non-Liquid PCB
Remediation Waste
Under Section 761.61(b)(2)(ii)(A) of the performance-based disposal provisions, responsible parties
can now send non-liquid PCB remediation waste to a RCRA Subtitle C hazardous waste landfill.
This change does not affect responsible parties' options to send this waste to a high temperature
incinerator approved under Section 761.70(b), an alternate disposal method approved under
Section 761.60(e), a chemical waste landfill approved under Section 761.75, or a facility with a
coordinated approval issued under Section 761.77, or to decontaminate it in accordance with
Section 761.79. Under Section 761.61(b)(2)(i), options for liquid PCB remediation waste remain
disposal in accordance with Section 761.60(a) or (e) or decontamination in accordance with
Section 761.79.
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More Information on PCB Policy Guidance
https://www.epa.gov/pcbs/policv-and-guidance-polvchlorinated-biphenvl-pcbs
Contact
If you have concerns about PCB contamination or need more information, consult your EPA
Regional PCB Coordinator at https://www.epa. gov/pcbs/epa-regional-polvchlorinated-biphenvl-
pcb-programs or EPA Headquarters at ORCRPCBs@,epa. gov.
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