Managing Remediation Waste from Polychlorinated Biphenyls (PCBs) Cleanups

Note: The documents on this page predate the 2023 PCB Final Rulemaking (Volume 88 of the Federal Register starting on page 59662). Please refer to the final rule for amendments that may apply to the content in these documents.

• What is PCB Remediation Waste?
• What are the Cleanup and Disposal Options for PCB Remediation Waste?
• Tracking PCB Remediation Waste Cleanup Activity
• PCB Facility Approval Streamlining Toolbox (PCB FAST)
• Emergency Situations and PCB Spill Cleanup Policy
• PCB Spill Cleanup Policy Guidance Manuals
• Fact Sheet for PCB Greener Cleanups

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What is PCB Remediation Waste?

PCB remediation waste is waste containing PCBs from a spill, release or other unauthorized disposal of PCBs, depending on the concentration of the source of PCBs, the date of release, the current PCB concentration in the materials, and whether the original source was authorized for use. The complete definition of PCB remediation waste can be found in Title 40 of the Code of Federal Regulations (CFR) in section 761.3. PCB remediation waste can include the following: ​

• Soil.
• Gravel.
• Concrete.
• Buildings.
• Other man-made structures.

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What are the Cleanup and Disposal Options for PCB Remediation Waste?

The PCB regulations include three options for management of PCB remediation waste. They can be found in 40 CFR section 761.61. Cleanup and disposal of PCB remediation waste is based on the concentration at which the PCBs are found. As defined in 40 CFR section 761.3, the as-found concentration means “the concentration measured in samples of environmental media or material collected in-situ (i.e., prior to being moved or disturbed for cleanup and/or disposal), unless otherwise specifically provided. Sampling media in piles and existing accumulations would be considered ‘as-found’ if the media were already in piles when the site was first visited by the responsible party, such as during the redevelopment of abandoned properties with historic PCB contamination. The as-found concentration is distinct from the source concentration, which is the concentration of the PCBs in the material that was originally spilled, released, or otherwise disposed of at the site.

1. Self-implementing cleanup and disposal (40 CFR section 761.61(a))

The self-implementing option links cleanup levels with the expected occupancy rates of the area or building where the contaminated materials are present.

Along with some other factors, the disposal requirements for the self-implementing regulatory option vary based on the type of contaminated material and concentration of PCBs in the materials. You must notify EPA if you intend to utilize the self-implementing option.

The notification that responsible parties submit under 40 CFR section 761.61(a) must comply with all requirements of section 761.61(a)(3)(i) and the subsequent cleanup and disposal must comply with all applicable requirements in section 761.61(a)(4) through (9). The person submitting the notification is responsible for verifying its completeness and accuracy. Refer to section 761.61(a)(3)(ii), as amended.

Consider using Tool 3, TSCA Self-Implementing PCB Cleanups Checklist, on page 29 of the PCB Facility Approval Streamlining Toolbox (PCB FAST).

For sampling porous surfaces, the Standard Operating Procedure linked below describes how to sample both hard and soft porous surfaces:

• Standard Operating Procedure for Sampling Porous Surfaces for PCBs.

2. Performance-based cleanup and disposal (40 CFR section 761.61(b))

The performance-based option consists of performance-based cleanup of PCB remediation waste (section 761.61(b)(1)) and performance-based disposal (section 761.61(b)(2)).

The provisions in section 761.61(b)(1) allow you to clean up PCB remediation waste in full compliance with that paragraph without an EPA approval or submission to EPA of a pre-cleanup notification and certification. Section 761.61(b)(1) includes cleanup levels for PCB remediation waste, verification sampling requirements, recordkeeping requirements, and post-cleanup notification requirements. The applicability provision at section 761.61(b)(1)(i) excludes cleanup of PCB remediation waste at sites with specific characteristics that merit additional consideration by EPA. After completion of the cleanup, this option requires submission to EPA of a cleanup completion notification and certification within 30 days of sending the final shipment of PCB waste offsite for disposal. EPA encourages you to contact the Regional PCB Coordinator with any questions about cleanup of PCB remediation waste under section 761.61(b)(1).

The provisions in section 761.61(b)(2) allow you to dispose of PCB remediation waste without an EPA approval or submission to EPA of a notification and certification. Through this option, you may:

• Dispose of contaminated non-liquid materials in a Toxic Substance Control Act (TSCA) chemical waste landfill.
• Dispose of contaminated non-liquid materials in a hazardous waste landfill permitted by EPA under section 3005 of the Resource Conservation and Recovery Act, or by a State or territory authorized under section 3006 of RCRA.
• Dispose of contaminated non-liquid materials in a TSCA incinerator,
• Dispose of contaminated non-liquid materials in a TSCA-approved alternate disposal method,
• Decontaminate non-liquid contaminated material under TSCA-regulated decontamination procedures, or
• Dispose of non-liquid contaminated materials in a facility with a coordinated approval issued under TSCA.

You can pair performance-based disposal under section 761.61(b)(2) with on-site cleanup under sections 761.61(a), 761.61(b)(1), 761.61(c), or 761.77 (e.g., state-authorized cleanup under a coordinated approval). Section 761.61(b) explicitly preserves the ability to use section 761.61(b)(2) solely as a disposal provision, but such disposal does not relieve you of cleanup and disposal obligations for any PCBs that remain on-site if the provisions of section 761.61(b)(1) are not complied with.

3. Risk-based cleanup and disposal (40 CFR section 761.61(c))

The risk-based option allows for a site-specific approval to sample, extract, analyze, cleanup, or dispose of PCB remediation waste in a manner other than the self-implementing or the performance-based cleanup and disposal options.

This option requires you to obtain an approval from EPA based on a finding that the proposal will not present an unreasonable risk of injury to health or the environment.

Consider using Tool 4, TSCA Risk-Based PCB Cleanups Checklist, provided in the PCB Facility Approval Streamlining Toolbox on page 39.

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Tracking PCB Remediation Waste Cleanup Activity

EPA tracks how many notifications it receives for self-implementing cleanup, and associated disposal, and how many approvals it issues for risk-based cleanup, and associated disposal, of PCB remediation waste per fiscal year. This gives EPA insight into the number of PCB remediation waste cleanups throughout the United States.

The below chart shows the total number of PCB remediation waste cleanups, and associated disposal, tracked by EPA nationwide during the period of fiscal years 2019 to 2023.

Fiscal Year	2019	2020	2021	2022	2023
Number of Tracked PCB Remediation Waste Cleanups	229	275	176	160	169

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PCB Facility Approval Streamlining Toolbox

The PCB Facility Approval Streamlining Toolbox is designed to help Responsible Parties (RPs) and regulators, whenever possible, reduce delays, improve communication, and increase efficiency in the cleanup and disposal of PCBs at a site. PCB FAST focuses on establishing a collaborative working relationship between EPA and the RPs and providing tools to be used by RPs to prepare adequate and appropriate cleanup notifications and applications. The Toolbox includes guidance, process flow maps, and checklists to facilitate streamlined cleanup processes. These resources can be customized to meet each site or Region’s needs.

PCB FAST includes the following tools that may be accessed by the above link:

• Tool 1: Initial Discussion with Responsible Party Checklist.
• Tool 2: PCB Sites Cleanup Framework.
• Tool 3: TSCA Self‐Implementing PCB Cleanups Checklist – 61(a).
• Tool 4: TSCA Risk‐Based PCB Cleanups Checklist – 61(c).

For more information or to share feedback, please contact:

• Patrick Frier, frier.william@epa.gov, (415) 972-3984.
• Carmen Santos, santos.carmen@epa.gov, (415)972-3360.
• Jennifer McLeod, mcleod.jennifer@epa.gov, (703) 308-8459.

For site-specific related questions, please contact the EPA Regional PCB Coordinator in the Region where the project site is located.

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Emergency Situations and PCB Spill Cleanup Policy

The new provisions for emergency situations under section 761.66 allow individuals to request a waiver from specific requirements of sections 761.60, 761.61, 761.62, and 761.65, when necessitated by an emergency situation. The provisions in section 761.66 allow the person managing the cleanup and/or disposal of PCB waste caused by an emergency situation to request waivers from applicable PCB sampling, extraction, analysis, cleanup, storage, disposal and other regulatory requirements when there is an emergency situation and the existing regulatory requirements (e.g., timeframes, sampling protocols) are impracticable due to the nature of the emergency situation. Any person conducting activities under these emergency provisions is also responsible for determining and complying with all other applicable federal, state, and local laws and regulations.

The PCB Spill Cleanup Policy contains flexible provisions applicable to emergency situations as defined in 40 CFR section 761.123. For actions taken directly under the Policy in response to spills caused by emergency situations, responsible parties may use the as-found PCB concentrations in the spill materials when determining whether to manage the spill under sections 761.125(b) or (c) when it is not possible to readily determine the spill source concentration at a site. For spills caused by emergency situations, the applicable notifications in sections 761.125(a)(1) must be submitted as soon as possible, but no later than 48 hours after the adverse conditions that prevented communication have ended.

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PCB Spill Cleanup Policy Guidance Manuals

The PCB Spill Cleanup Policy is intended for fresh spills of liquid PCBs. The Policy is referenced in 40 CFR Part 761 Subpart G. The PCB Spill Cleanup Policy is an enforcement policy, not a regulation.

In addition to other applicability limitations found in 40 CFR section 761.120, this policy only applies to spills less than 72 hours old. The use of the methods in this guidance manuals is an option, not a requirement.

If the reader has any questions about the interpretation or applicability of the Policy, the reader should contact the Regional PCB Coordinator in the EPA Region where the spill occurred.

• Polychlorinated Biphenyls Spill Cleanup Policy Guidance Manuals

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Fact Sheet for PCB Greener Cleanups

EPA developed a fact sheet for implementing greener PCB cleanups. The fact sheet provides green remediation best management practices and feasibility case studies.

• Greener Cleanups Best Management Practices: PCB Cleanups (pdf) (759.64 KB, December 2022, EPA 530-F-22-005)
  The goal of this fact sheet is to help owners, operators, contractors, and regulators implement Greener Cleanup Best Management Practices (BMPs) at PCB cleanup sites. This fact sheet contains case studies and a toolkit, including a list of common BMPs used at PCB cleanup sites.