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2/24/22, 4:24 PM eCFR :: 40 CFR Part 761 Subpart G — PCB Spill Cleanup Policy
<br />(c) Flexibility to allow less stringent or alternative requirements. EPA retains the flexibility to allow less stringent or alternative
<br />decontamination measures based upon site-specific considerations. EPA will exercise this flexibility if the responsible party
<br />demonstrates that cleanup to the numerical decontamination levels is clearly unwarranted because of risk-mitigating factors, that
<br />compliance with the procedural requirements or numerical standards in the policy is impracticable at a particular site, or that site-
<br />specific characteristics make the costs of cleanup prohibitive. The Regional Administrator will notify the Director, Office of Resource
<br />Conservation and Recovery of any decision and the basis for the decision to allow less stringent cleanup. The purpose of this notification
<br />is to enable the Director, Office of Resource Conservation and Recovery to ensure consistency of spill cleanup standards under special
<br />circumstances across the regions.
<br />(d) Excluded spills.
<br />Although the spill situations in paragraphs (d)(2) (i) through (vi) of this section are excluded from the automatic application of final
<br />decontamination standards under § 761.125 (b) and (c), the general requirements under § 761.125(a) do apply to these spills. In
<br />addition, all of these excluded situations require practicable, immediate actions to contain the area of contamination. While these
<br />situations may not always require more stringent cleanup measures, the Agency is excluding these scenarios because they will
<br />always involve significant factors that may not be adequately addressed by cleanup standards based upon typical spill
<br />characteristics.
<br />For the spill situations in paragraphs (d)(2)(i) through (vi) of this section, the responsible party shall decontaminate the spill in
<br />accordance with site-specific requirements established by the EPA regional offices.
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<br />Spills that result in the direct contamination of surface waters (surface waters include, but are not limited to, "waters of the
<br />United States" as defined in part 122 of this chapter, ponds, lagoons, wetlands, and storage reservoirs).
<br />Spills that result in the direct contamination of sewers or sewage treatment systems.
<br />Spills that result in the direct contamination of any private or public drinking water sources or distribution systems.
<br />Spills which migrate to and contaminate surface waters, sewers, or drinking water supplies before cleanup has been
<br />completed in accordance with this policy.
<br />Spills that contaminate animal grazing lands.
<br />Spills that contaminate vegetable gradens.
<br />(e) Relationship of policy to other statutes.
<br />This policy does not affect cleanup standards or requirements for the reporting of spills imposed, or to be imposed, under other
<br />Federal statutory authorities, including but not limited to, the Clean Water Act (CWA), the Resource Conservation and Recovery Act
<br />(RCRA), and the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) as amended by the
<br />Superfund Amendments and Reauthorization Act (SARA). Where more than one requirement applies, the stricter standard must be
<br />met.
<br />The Agency recognizes that the existence of this policy will inevitably result in attempts to apply the standards to situations within
<br />the scope of other statutory authorities. However, other statutes require the Agency to consider different or alternative factors in
<br />determining appropriate corrective actions. In addition, the types and magnitudes of exposures associated with sites requiring
<br />corrective action under other statutes often involve important differences from those expected of the typical, electrical equipment-
<br />type spills considered in developing this policy. Thus, cleanups under other statutes, such as RCRA corrective actions or remedial
<br />and response actions under SARA may result in different outcomes.
<br />(52 FR 10705, Apr. 2, 1987, as amended at 72 FR 57241, Oct. 9, 2007; 74 FR 30234, June 25, 2009.1
<br />§761.123 Definitions
<br />For purposes of this policy, certain words and phrases are used to denote specific materials, procedures, or circumstances. The following
<br />definitions are provided for purposes of clarity and are not to be taken as exhaustive lists of situations and materials covered by the policy.
<br />Double wash/rinse means a minimum requirement to cleanse solid surfaces (both impervious and nonimpervious) two times with an
<br />appropriate solvent or other material in which PCBs are at least 5 percent soluble (by weight). A volume of PCB-free fluid sufficient to
<br />cover the contaminated surface completely must be used in each wash/rinse. The wash/rinse requirement does not mean the mere
<br />spreading of solvent or other fluid over the surface, nor does the requirement mean a once-over wipe with a soaked cloth. Precautions
<br />must be taken to contain any runoff resulting from the cleansing and to dispose properly of wastes generated during the cleansing.
<br />High-concentration PCBs means PCBs that contain 500 ppm or greater PCBs, or those materials which EPA requires to be assumed to contain
<br />500 ppm or greater PCBs in the absence of testing.
<br />High-contact industrial surface means a surface in an industrial setting which is repeatedly touched, often for relatively long periods of time.
<br />Manned machinery and control panels are examples of high-contact industrial surfaces. High-contact industrial surfaces are generally of
<br />impervious solid material. Examples of low-contact industrial surfaces include ceilings, walls, floors, roofs, roadways and sidewalks in
<br />the industrial area, utility poles, unmanned machinery, concrete pads beneath electrical equipment, curbing, exterior structural building
<br />components, indoor vaults, and pipes.
<br />https://www.ecfr.gov/current/title-40/chapter-Usubchapter-R/part-761/subpart-G 2/7
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