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The Toxic Chemical Substances Act (TSCA) banned the manufacturing of polychlorinated biphenyls (PCBs) in 1979. Even though PCBs are no longer commercially produced, these man-made organic chemicals may still be present in products and materials that were produced before the ban. The Environmental Protection Agency (EPA) has established regulations for managing PCBs.
PCBs are subject to chemical-specific management requirements under Section 6 of TSCA. The requirements apply to both PCBs and PCB items, including:
- Containers,
- Articles and article containers, and
- Equipment.
Scope
The regulations for PCBs apply to all persons who manufacture, process, distribute in commerce, use, or dispose of PCBs or PCB items. Most of the rules apply only if PCBs are present in concentrations above a specified level (typically 50 parts per million or more).
Regulatory citations
- 40 CFR Part 761 — Polychlorinated biphenyls (PCBs) manufacturing, processing, distribution in commerce, and use prohibitions
Key definitions
- PCB article: Any manufactured article, other than a PCB container, that contains PCBs whose surface has been in direct contact with PCBs. Examples include capacitors, transformers, electric motors, pumps, and pipes.
- PCB article container: Any package, can, bottle, bag, barrel, drum, tank, or other device used to contain PCB articles or PCB equipment whose surface has not been in direct contact with PCBs.
- PCB container: Any package, can, bottle, bag, barrel, drum, tank, or other device that contains PCBs or PCB articles whose surface has been in direct contact with PCBs.
- PCB equipment: Any manufactured item, other than a PCB article container or PCB container, that contains a PCB article or other PCB equipment, including microwave ovens, electronic equipment, and fluorescent light ballasts and fixtures.
- PCB item: Any PCB article, PCB article container, PCB container, PCB equipment, or anything that deliberately or unintentionally contains or has as a part of any PCB or PCBs.
Summary of requirements
Unless the activity is authorized or exempt and all applicable conditions are met, facilities are prohibited from:
- Using any PCB or PCB item, regardless of concentration, in any other manner than totally enclosed (i.e., preventing any exposure to PCBs);
- Manufacturing PCBs;
- Processing or distributing PCBs or PCB items; and
- Using PCB-containing waste oil as a sealant, coating, or dust control agent (e.g., road oiling or general dust control).
Some non-totally enclosed PCB activities are authorized, including those listed in 40 CFR 761.3, given that facilities meet all applicable use and servicing conditions.
Exclusions and exemptions
Determine whether any processes and products are excluded from PCB regulations, such as:
- Manufacturing processes that inadvertently generate PCBs,
- Imported products containing PCBs as unintentional impurities, or
- Products with PCB materials at concentrations less than 50 parts per million.
Marking requirements
Mark the following items according to the text, format, and placement requirements in Subpart C:
- PCB containers, article containers, transformers, and capacitors;
- Equipment containing a PCB transformer or PCB large high-voltage capacitor;
- Electric motors using PCB coolants;
- Hydraulic systems using PCB hydraulic fluid;
- Heat transfer systems using PCBs;
- Storage areas containing PCBs and PCB items for disposal; and
- Transport vehicles containing PCB containers with either liquid PCBs or PCB transformers that exceed specified thresholds.
Waste disposal requirements
Notify EPA of PCB waste activities through EPA Form 7710-53 before beginning any PCB waste-handling activities (e.g., storing on-site or shipping off-site). The agency will issue an EPA Identification Number. If any change occurs in the PCB waste-handling activities, resubmit the form covering the changes within 30 days of implementing the change.
Use only approved disposal methods for PCB waste, which vary by the type and concentration of PCB waste, and meet the conditions for each type of PCB waste. Possible disposal methods include:
- Decontamination,
- Incinerators,
- High-efficiency boilers,
- Chemical waste landfills,
- Approved municipal solid waste/disposal facilities, or
- Scrap metal recovery ovens.
When handling PCB articles for disposal, use protective clothing or equipment to prevent exposure to PCBs through skin contact or inhalation.
Storage requirements
Storing PCB waste for disposal
Ensure the units used to store PCBs for disposal meet the design, construction, and operation specifications in Subpart D:
- Mark storage areas and containers.
- Ensure containers used to store PCB waste comply with the DOT Hazardous Materials Regulations (49 CFR Parts 171–180).
- Check all PCB items for disposal in storage for leaks every 30 days.
- Include the date of removal from service for disposal on each PCB item.
- Ensure PCB items in storage areas can be located by their removal-from-service date.
If storing certain PCB items for disposal temporarily for 30 days or less, the storage area doesn’t have to meet the location and design standards. Plus, compliance with the standards isn’t required if the PCB waste is stored:
- In a regulated hazardous waste facility;
- In a non-DOT authorized container aligned with a Spill Prevention, Control, and Countermeasure Plan; or
- As bulk PCB remediation waste.
Dispose of PCB waste within one year from the date the PCB or PCB item was removed from service for disposal. If an extension is needed, apply for it at least 30 days before the initial one-year time limit.
Storing PCB waste for reuse
Store PCB articles for reuse in an area that doesn’t meet the design, construction, and operation specifications required for storage for no more than five years. If an extension is needed, submit a request for it at least six months before the initial five-year time limit ends.
Store PCB articles for reuse indefinitely only in a unit that’s:
- In compliance with the storage for disposal standard (761.65(b)),
- Permitted under the Resource Conservation and Recovery Act (RCRA) to manage hazardous wastes in containers, or
- Permitted by a state authorized under RCRA to manage hazardous waste.
Recordkeeping requirements
The recordkeeping requirements apply to facilities that:
- Use or store at least 45 kilograms (99.4 pounds) of PCBs in PCB containers at any one time,
- Have one or more PCB transformers, or
- Have 50 or more PCB large high- or low-voltage capacitors.
Maintain annual records and written document logs at the facility they cover or at a central facility. Keep the records for at least three years after the facility stops using or storing PCBs and PCB items in quantities above the thresholds.
Additional requirements
Determine whether the facility has additional recordkeeping requirements, which may include:
- Longer recordkeeping requirements,
- Annual reporting, and
- Manifest requirements.