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2/24/22, 4:24 PM eCFR :: 40 CFR Part 761 Subpart G — PCB Spill Cleanup Policy Postcleanup sampling is required to verify the level of cleanup under § 761.125(c) (2) through (4). The responsible party may use any statistically valid, reproducible, sampling scheme (either random samples or grid samples) provided that the requirements of paragraphs (a) and (b) of this section are satisfied. (a) The sampling area is the greater of an area equal to the area cleaned plus an additional 1-foot boundary, or an area 20 percent larger than the original area of contamination. (b) The sampling scheme must ensure 95 percent confidence against false positives. (c) The number of samples must be sufficient to ensure that areas of contamination of a radius of 2 feet or more within the sampling area will be detected, except that the minimum number of samples is 3 and the maximum number of samples is 40. (d) The sampling scheme must include calculation for expected variability due to analytical error. (e) EPA recommends the use of a sampling scheme developed by the Midwest Research Institute (MRI) for use in enforcement inspections: "Verification of PCB Spill Cleanup by Sampling and Analysis." Guidance for the use of this sampling scheme is available in the MRI report "Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup." Both the MRI sampling scheme and the guidance document are available on EPA's PCB Web site at http://www.epa.gov/pcb, or from the Program Management, Communications, and Analysis Office, Office of Resource Conservation and Recovery (5305P), 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. The major advantage of this sampling scheme is that it is designed to characterize the degree of contamination within the entire sampling area with a high degree of confidence while using fewer samples than any other grid or random sampling scheme. This sampling scheme also allows some sites to be characterized on the basis of composite samples. EPA may, at its discretion, take samples from any spill site. If EPA's sampling indicates that the remaining concentration level exceeds the required level, EPA will require further cleanup. For this purpose, the numerical level of cleanup required for spills cleaned in accordance with § 761.125(b) is deemed to be the equivalent of numerical cleanup requirements required for cleanups under § 761.125(c) (2) through (4). Using its best engineering judgment, EPA may sample a statistically valid random or grid sampling technique, or both. When using engineering judgment or random "grab" samples, EPA will take into account that there are limits on the power of a grab sample to dispute statistically based sampling of the type required of the responsible party. EPA headquarters will provide guidance to the EPA regions on the degree of certainty associated with various grab sample results. [52 FR 10705, Apr. 2, 1987, as amended at 60 FR 34465, July 3, 1995; 72 FR 57241, Oct. 9,2007; 74 FR 30234, June 25, 2009] §761.135 Effect of compliance with this policy and enforcement. (a) Although a spill of material containing 50 ppm or greater PCBs is considered improper PCB disposal, this policy establishes requirements that EPA considers to be adequate cleanup of the spilled PCBs. Cleanup in accordance with this policy means compliance with the procedural as well as the numerical requirements of this policy. Compliance with this policy creates a presumption against both ENHANCED conithiliMlibLEAkticentiVilgt S and the iieed lotu herc eanup appropriate action to compel cleanup where, upon review of the records of cleanup or EPA sampling following cleanup, EPA finds that the Subpart Eilecontamination levels irrttegpsfff tiimebbismayhieved. The Agency also reserves the right to seek penalties-mliembie.Afisioy35 ' tha the ti o § fic responsible party has not made a good faith effort to comply with all provisions of this policy' such as prompt 761.01Yvgge notiat EPA of a spill, recordkeeping, etc. § 761.123 De initions. vowepA gfitiopopttg4orntEtiagfionot preclude enforcement action under other provisions of TSCA or any other Federal § 761.i*IttdiNiiiii iflef,11Ag1 ses where the numerical decontamination levels set forth in this policy have been met, civil or criminal anon_foy pena les Mere—EVA believes the spill to have been the result of gross negligence or knowing violation. § 761.135 Effect o compliance with this poiicy and enforcement. I - https://www.ecfrgovicurrent/title-40/chapter-1/subchapter-R/part-761/subpart-G 7/7