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The Use of the Uniform Hazardous Waste Manifest for Shipments of PCB Waste

The Use of the Uniform Hazardous Waste Manifest for Shipments of PCB Waste

The use, storage, and disposal of equipment containing PCBs (Polychlorinated biphenyls) is subject to USEPA regulations in Part 761 of Title 40 of the Code of Federal Regulations (40 CFR 761); regulations promulgated under the Toxic Substance Control Act (TSCA).  Despite a persistent belief to the contrary:  PCBs are not regulated under RCRA and are not a hazardous waste though they may be regulated as a hazardous waste by state regulations (be sure to check with your state).

Since February 5, 1990 the TSCA regulations of 40 CFR 761 has required generators of PCB waste to use a uniform hazardous waste manifest for its off-site transportation.  The use of the uniform hazardous waste manifest for shipments of PCB waste requires the generator/offeror of the waste to complete it differently than they would for a hazardous waste regulated under RCRA.

The purpose of this article is to identify and explain the requirements of 40 CFR 761.207 for the use of the uniform hazardous waste manifest for the off-site transportation of PCB waste.

Pre-printed label used to identify a PCB WasteApplicability:

40 CFR 761.207(a) makes clear who is responsible for the completion of the uniform hazardous waste manifest:

A generator who transports, or offers for transport PCB waste for commercial off-site storage or off-site disposal…must prepare a manifest…

Thus, the person who generates a PCB waste (i.e. generator) and then either transports it themselves or offers it for transport to another (i.e. offeror) must complete the uniform hazardous waste manifest.

The requirements of §761.207 apply only to PCB wastes as defined at §761.3 which defines a PCB waste as those PCBs and PCB Items subject to the disposal requirements of subpart D of Part 761.

PCB and PCBs means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance. Refer to §761.1(b) for applicable concentrations of PCBs. PCB and PCBs as contained in PCB items are defined in §761.3. For any purposes under this part, inadvertently generated non-Aroclor PCBs are defined as the total PCBs calculated following division of the quantity of monochlorinated biphenyls by 50 and dichlorinated biphenyls by 5.

And…

PCB Item means any PCB Article, PCB Article Container, PCB Container, PCB Equipment, or anything that deliberately or unintentionally contains or has as a part of it any PCB or PCBs.

I think you can see where this is going, one definition begets several more.  And I don’t have the space in this article to keep copying over definitions, so you’ll have to look them up in §761.3 yourself.  It is important to note that while these regulations don’t normally apply to PCB wastes with a PCB concentration below 50 ppm, they do if it is the result of dilution.  Example:  material containing PCBs at a concentration of equal to or greater than 50 ppm is involved in a spill where the waste generated by the clean-up of the spill has a PCB concentration if less than 50 ppm.  The spill clean-up PCB waste remains subject to the requirements of this part and, if transported off-site for disposal, must be documented on a uniform hazardous waste manifest as required by this part.

The requirements of this part do not apply to the following:

  • A material currently below 50 ppm PCBs which derives from pre-April 18, 1978 spills of any concentration of PCBs.
  • A material currently below 50 ppm PCBs which derives from pre-July 2, 1979 spills of less than 500 ppm PCBs.
  • Materials decontaminated in accordance with 40 CFR 761.79.
  • The transport of PCB waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way.

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Completing the Uniform Hazardous Waste Manifest for PCB Waste:

The use of the uniform hazardous waste manifest for the off-site transportation of a PCB waste is a three-step process for the generator/offeror.

  1. Complete the uniform hazardous waste manifest per its USEPA instructions.
  2. Provide additional information that may – or may not – be required by your state.
  3. Provide additional information applicable to the type of PCB waste per §761.207.

Step 1 – Complete the Uniform Hazardous Waste Manifest:

Per §761.207(a) the generator/offeror of the PCB waste must prepare both the standard uniform hazardous waste manifest – known formally as EPA Form 8700-22 and informally as “page 1” –  and, if necessary, a continuation sheet.  Both of these must be completed per the USEPA instructions in the appendix to 40 CFR 262.  It is not necessary, though it is permissible, to use the official USEPA continuation sheet for the uniform hazardous waste manifest – known formally as Form 8700-22A and informally as “the continuation sheet”.  Why is it required to use EPA Form 8700-22 and not required to use the continuation sheet of the uniform hazardous waste manifest (Form 8700-22A)?  The answer, is that the continuation sheet of the uniform hazardous waste manifest (Form 8700-22A) was not designed for the use of PCB waste and therefore does not have all of the space necessary to list the information required for several PCB articles (see below in this article for that information).

So, it appears clear that the generator/offeror of the PCB waste must complete the uniform hazardous waste manifest per the instructions found in the appendix to 40 CFR 262.  However, not so fast!  A note to this paragraph in §761.207 reads as follows:

PCB waste handlers should use the Part 262 appendix instructions as a guide (emphasis added), but should defer to the Part 761 manifest regulations whenever there is any difference between the Part 761 requirements and the instructions in the appendix to Part 262. The differences should be minimal.

Part 761 contains other requirements for the use of the uniform hazardous waste manifest by what it identifies as PCB waste handlers, which includes:  generators, transporters, and storage and disposal facilities.  What are the differences, you ask?  Well, I don’t intend to research all of Part 761 and list them here, you’ll have to do that yourself.  I will provide this guidance:

  • There are instructions for completing the uniform hazardous waste manifest in Part 761.
  • While most appear the same as those in found in the instructions in the Part 262 appendix, some may differ.
  • When the instructions found in Part 761 differ from those found in the appendix to Part 262, the regulations of Part 761 supersede those found in the appendix of Part 262 for shipments of PCB waste.

Step 2 – Provide State Information if Applicable:

Since PCB waste is not regulated as a hazardous waste under RCRA it is not assigned hazardous waste codes.  Therefore, Item 13. Waste Codes on the uniform hazardous waste manifest (Item 31 on Form 8700-22A) will be left blank, which is just fine with USEPA.  However, some states regulate PCB waste as a hazardous waste  and assign state hazardous waste codes.  If this is true for your state, you must follow state instructions for completing the waste code fields and any other requirements.  Be sure to check with your state environmental agency.

Step 3 – Provide Additional Information Applicable to PCB Waste:

The generator/offeror must then document information specific to the PCB waste, as required by §761.207, in Item 14 – Special Handling Instructions and Additional Information of the Uniform Hazardous Waste Manifest.  The information required depends upon the type of PCB waste offered for transportation.  While definitions of the various types of wastes are included below, I encourage you to research all relevant definitions of terms in §761.3 to ensure compliance.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

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http://www.danielstraining.com/

BULK LOAD OF PCBS:

While “bulk load” is not defined at §761.3, the following is:

PCB bulk product waste means waste derived from manufactured products containing PCBs in a non-liquid state, at any concentration where the concentration at the time of designation for disposal was ≥50 ppm PCBs. PCB bulk product waste does not include PCBs or PCB Items regulated for disposal under §761.60(a) through (c), §761.61, §761.63, or §761.64. PCB bulk product waste includes, but is not limited to:

(1) Non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs. PCB bulk product waste does not include debris from the demolition of buildings or other man-made structures that is contaminated by spills from regulated PCBs which have not been disposed of, decontaminated, or otherwise cleaned up in accordance with subpart D of this part.

(2) PCB-containing wastes from the shredding of automobiles, household appliances, or industrial appliances.

(3) Plastics (such as plastic insulation from wire or cable; radio, television and computer casings; vehicle parts; or furniture laminates); preformed or molded rubber parts and components; applied dried paints, varnishes, waxes or other similar coatings or sealants; caulking; adhesives; paper; Galbestos; sound deadening or other types of insulation; and felt or fabric products such as gaskets.

(4) Fluorescent light ballasts containing PCBs in the potting material.

Required information on the uniform hazardous waste manifest for a bulk load:

  • Identity of the PCB waste.
  • Earliest date of removal from service for disposal.
  • Weight in kilograms of the PCB waste.

PCB ARTICLE CONTAINER OR PCB CONTAINER:

Defined at §761.3:

PCB Article Container means any package, can, bottle, bag, barrel, drum, tank, or other device used to contain PCB Articles or PCB Equipment, and whose surface(s) has not been in direct contact with PCBs.

PCB Container means any package, can, bottle, bag, barrel, drum, tank, or other device that contains PCBs or PCB Articles and whose surface(s) has been in direct contact with PCBs.

Required information on the uniform hazardous waste manifest for a PCB Article Container or PCB Container:

  • Its unique identifying number.
  • Type of PCB waste (e.g., soil, debris, small capacitors).
  • Earliest date of removal from service for disposal.
  • Weight in kilograms of the PCB waste contained in the PCB Article Container or PCB Container.

PCB ARTICLE NOT IN A PCB CONTAINER OR PCB ARTICLE CONTAINER:

See the previous type of PCB waste for the definitions of a PCB Article Container or a PCB Container.  PCB Article is also defined at §761.3:

PCB Article means any manufactured article, other than a PCB Container, that contains PCBs and whose surface(s) has been in direct contact with PCBs. “PCB Article” includes capacitors, transformers, electric motors, pumps, pipes and any other manufactured item (1) which is formed to a specific shape or design during manufacture, (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the PCB Article.

Required information on the uniform hazardous waste manifest for a PCB Article:

  • Its serial number if available or other identification if there is not serial number.
  • Date of removal from service for disposal.
  • Weight in kilograms of the PCB waste in each PCB Article.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

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Conclusion:

While not a hazardous waste subject to Federal regulations under the Resource Conservation and Recovery Act (RCRA) a PCB waste is still subject to USEPA regulations and may also be subject to more strict state regulations.  In any case, the off-site transportation of PCB waste for disposal will usually require completion of the uniform hazardous waste manifest with specific documentation requirements depending on the type of PCB waste.  Questions about the management of PCBs under TSCA may be directed to the TSCA Hotline at 202.554.1404 (I checked, it’s still active!) or, contact me with your question.  Especially if it pertains to the management of hazardous waste or the transportation of hazardous materials.

Are you aware that PHMSA/USDOT regulations in Title 49 of the CFR identify Polychlorinated biphenyls, liquid and Polychlorinated biphenyls, solid as a hazardous material that may be subject to regulations when transported in commerce?

More information: