Fact Sheet: Performance-Based Cleanup and Disposal Under Section 761.61(b)

Official PDF Version (pdf) (362.24 KB) .

March 2025

This fact sheet describes changes to the federal 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) (Volume 88 of the Federal Register page 59662; August 29, 2023).

On this page:

• Performance-Based Cleanup Under Section 761.61(b)(1)
• RCRA Subtitle C Landfill Disposal Option for Non-Liquid PCB Remediation Waste
• Additional References

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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 waste 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.
• 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 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)(1)(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)
  • 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 (µg/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 µg/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 µg/L (i.e., approximately ≤0.5 ppb).
  • 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)(1)(ii)(C)): Cleanup levels are the concentrations specified in Section 761.79(b)(3)
  • 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 (µg/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.
    • 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 µg/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)(1)(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.
8. Sites where the PCB contamination is in the 100-year floodplain.

Verification Sampling 

Under Section 761.61(b)(1)(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)(1)(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)(1)(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 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.
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)(1)(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)(1)(ii) have not been met.

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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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Additional References

•  Policy and guidance for PCBs.

Disclaimer: The recommendations on this webpage do not impose legally binding requirements and will not be implemented as binding in practice. They do not impose any obligations on private parties, nor are they intended to direct the activities of any other federal, state, or local agency or to limit the exercise of their legal authority.