November 16, 2021

Proposed Changes to PCB Cleanup and Disposal Regulations

On October 22, 2021, EPA proposed changes to the 40 CFR Part 761 PCB cleanup and disposal regulations under TSCA. [86 FR 58730] The primary focus of these changes is to add more testing options and flexibility for PCB cleanups. These new test methods reduce the amount of solvent used, which will ultimately conserve resources and reduce waste. EPA provides a complete list of the proposed extraction and determinative methods at 86 FR 58732–3.

EPA also wants to amend the performance-based disposal option for PCB remediation under §761.61(b) to include provisions on applicability, PCB cleanup levels, verification sampling, recordkeeping, and notification. The goal is to provide more certainty as to when sites are properly remediated. In addition, the agency is proposing to add RCRA Subtitle C permitted landfills to the list of disposal options for non-liquid PCB remediation wastes.

EPA proposed adding more flexibility to the PCB cleanup policy in Part 761, Subpart G for PCB spills caused by an emergency, such as a hurricane or flood. The proposed changes will also allow facilities to request a waiver from specific requirements when needed due to these emergencies. Other minor changes include:

Removal of the provision that allows PCB bulk product to be disposed as roadbed material,
Harmonization of general disposal requirements for PCB remediation waste, and
Other clarifications and technical corrections.

Comments may be submitted up to December 21, 2021 via Docket No. EPA-HQ-OLEM-2021-0556.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.