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2/24/22, 4:24 PM eCFR :: 40 CFR Part 761 Subpart G — PCB Spill Cleanup Policy
<br />High-contact residential/commercial surface means a surface in a residential/commercial area which is repeatedly touched, often for
<br />relatively long periods of time. Doors, wall areas below 6 feet in height, uncovered flooring, windowsills, fencing, bannisters, stairs,
<br />automobiles, and children's play areas such as outdoor patios and sidewalks are examples of high-contact residential/commercial
<br />surfaces. Examples of low-contact residential/commercial surfaces include interior ceilings, interior wall areas above 6 feet in height,
<br />roofs, asphalt roadways, concrete roadways, wooden utility poles, unmanned machinery, concrete pads beneath electrical equipment,
<br />curbing, exterior structural building components (e.g., aluminum/vinyl siding, cinder block, asphalt tiles), and pipes.
<br />Impervious solid surfaces means solid surfaces which are nonporous and thus unlikely to absorb spilled PCBs within the short period of time
<br />required for cleanup of spills under this policy. Impervious solid surfaces include, but are not limited to, metals, glass, aluminum siding,
<br />and enameled or laminated surfaces.
<br />Low-concentration PCBs means PCBs that are tested and found to contain less than 500 ppm PCBs, or those PCB-containing materials which
<br />EPA requires to be assumed to be at concentrations below 500 ppm (i.e., untested mineral oil dielectric fluid).
<br />Nonimpervious solid surfaces means solid surfaces which are porous and are more likely to absorb spilled PCBs prior to completion of the
<br />cleanup requirements prescribed in this policy. Nonimpervious solid surfaces include, but are not limited to, wood, concrete, asphalt, and
<br />plasterboard.
<br />Nonrestricted access areas means any area other than restricted access, outdoor electrical substations, and other restricted access locations,
<br />as defined in this section. In addition to residential/commercial areas, these areas include unrestricted access rural areas (areas of low
<br />density development and population where access is uncontrolled by either man-made barriers or naturally occurring barriers, such as
<br />rough terrain, mountains, or cliffs).
<br />Other restricted access (nonsubstation) locations means areas other than electrical substations that are at least 0.1 kilometer (km) from a
<br />residential/commercial area and limited by man-made barriers (e.g., fences and walls) to substantially limited by naturally occurring
<br />barriers such as mountains, cliffs, or rough terrain. These areas generally include industrial facilities and extremely remote rural
<br />locations. (Areas where access is restricted but are less than 0.1 km from a residential/commercial area are considered to be
<br />residential/commercial areas.)
<br />Outdoor electrical substations means outdoor, fenced-off, and restricted access areas used in the transmission and/or distribution of
<br />electrical power Outdoor electrical substations restrict public access by being fenced or walled off as defined under § 761.30(I)(1)(ii). For
<br />purposes of this TSCA policy, outdoor electrical substations are defined as being located at least 0.1 km from a residential/commercial
<br />area. Outdoor fenced-off and restricted access areas used in the transmission and/or distribution of electrical power which are located
<br />less than 0.1. km from a residential/commercial area are considered to be residential/commercial areas.
<br />PCBs means polychlorinated biphenyls as defined under § 761.3. As specified under § 761.1(b), no requirements may be avoided through
<br />dilution of the PCB concentration.
<br />Requirements and standards means:
<br />"Requirements" as used in this policy refers to both the procedural responses and numerical decontamination levels set forth in this
<br />policy as constituting adequate cleanup of PCBs.
<br />"Standards refers to the numerical decontamination levels set forth in this policy.
<br />Residential/commercial areas means those areas where people live or reside, or where people work in other than manufacturing or farming
<br />industries. Residential areas include housing and the property on which housing is located, as well as playgrounds, roadways, sidewalks,
<br />parks, and other similar areas within a residential community. Commercial areas are typically accessible to both members of the general
<br />public and employees and include public assembly properties, institutional properties, stores, office buildings, and transportation
<br />centers.
<br />Responsible party means the owner of the PCB equipment, facility, or other source of PCBs or his/her designated agent (e.g., a facility
<br />manager or foreman).
<br />Soil means all vegetation, soils and other ground media, including but not limited to, sand, grass, gravel, and oyster shells. It does not include
<br />concrete and asphalt.
<br />Spill means both intentional and unintentional spills, leaks, and other uncontrolled discharges where the release results in any quantity of
<br />PCBs running off or about to run off the external surface of the equipment or other PCB source, as well as the contamination resulting
<br />from those releases. This policy applies to spills of 50 ppm or greater PCBs. The concentration of PCBs spilled is determined by the PCB
<br />concentration in the material spilled as opposed to the concentration of PCBs in the material onto which the PCBs were spilled. Where a
<br />spill of untested mineral oil occurs, the oil is presumed to contain greater than 50 ppm, but less than 500 ppm PCBs and is subject to the
<br />relevant requirements of this policy.
<br />Spill area means the area of soil on which visible traces of the spill can be observed plus a buffer zone of 1 foot beyond the visible traces. Any
<br />surface or object (e.g., concrete sidewalk or automobile) within the visible traces area or on which visible traces of the spilled material
<br />are observed is included in the spill area. This area represents the minimum area assumed to be contaminated by PCBs in the absence
<br />of precleanup sampling data and is thus the minimum area which must be cleaned.
<br />Spill boundaries means the actual area of contamination as determined by postcleanup verification sampling or by precleanup sampling to
<br />determine actual spill boundaries. EPA can require additional cleanup when necessary to decontaminate all areas within the spill
<br />boundaries to the levels required in this policy (e.g., additional cleanup will be required if postcleanup sampling indicates that the area
<br />decontaminated by the responsible party, such as the spill area as defined in this section, did not encompass the actual boundaries of
<br />PCB contamination).
<br />https://www.ecfr.govicurrent/title-40/chapter-Usubchapter-R/part-761/subpart-G 3/7
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