10 CSR 25-13.010 - Polychlorinated Biphenyls
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) The regulations set forth in 40 CFR parts
761.3, 761.30(a)(2)(v), 761.60(b)(1)(i)(B), 761.60(g), 761.65(b), 761.71,
761.79, 761.72, and 761.180(b), July 1, 2013, as published by the Office of
Federal Register, National Archives and Records Administration, Superintendent
of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This
rule does not incorporate any subsequent amendments or additions. Except as
provided otherwise in this rule, the substitution of terms set forth in
10 CSR
25-3.260(1)(A) applies in this rule
in addition to any other modifications set forth in this rule.
(2) Applicability.
(A) This rule applies in the state of
Missouri to all polychlorinated biphenyls (PCB) material and PCB units as
defined in subsection (3)(A) in shipment to or from or managed at a Missouri
PCB facility.
(B) Used oil
containing PCBs at a concentration of less than fifty parts per million (50
ppm) and not otherwise meeting the definition of PCB material shall be managed
in accordance with 10 CSR 25-11.
(C) Where conflicting regulations exist in 10
CSR 25, the more stringent controls.
(3) Definitions and Substitution of Terms.
This section supplements and modifies the definitions in 10 CSR 25-3 and 10 CSR
25-7.
(A) Additional Definitions.
1. Consignor means an owner or operator who
transfers control of a shipment of PCB material, PCB units, or both to a
transporter for conveyance to a Missouri PCB facility.
2. High efficiency boiler means one (1) of
the following: a boiler which meets the requirements of
40 CFR
761.71(a) or a boiler that
has been approved by Environmental Protection Agency (EPA) under
40 CFR
761.71(b). PCB facility
owners or operators shall not destroy PCBs in concentrations exceeding five
hundred parts per million (500 ppm) in a high efficiency boiler.
3. A facility is in operation if all
components of the facility necessary for it to function as a PCB facility have
been completely constructed, the facility is functioning as a PCB facility, and
the facility owner or operator has received remuneration for such function at
the facility.
4. Large PCB unit
means a PCB unit weighing in excess of one hundred pounds (100 lbs.), not
including the weight of any PCB material contained within the PCB
unit.
5. PCB-contaminated metals
reclamation incinerator means a thermal treatment unit which is utilized to
remove organic material and residual PCBs from PCB units which formerly
contained PCBs at concentrations of less than five hundred parts per million
(500 ppm).
6. PCB(s) means any
chemical substance that is limited to the biphenyl molecule that has been
chlorinated to varying degrees or any combination of substances which contain
this substance.
7. A PCB facility
is one which accepts PCB material, PCB units, or both for brokerage, treatment,
storage, or disposal on a commercial basis for remuneration.
8. PCB incinerator means an engineered device
using controlled flame combustion to thermally degrade PCB material, PCB units,
or both that is not classified as a high efficiency boiler or a
PCB-contaminated metals reclamation incinerator.
9. PCB material is defined as any waste
chemical substance that is known or assumed to contain equal to or greater than
fifty parts per million (50 ppm) PCBs, or any mixture of a waste chemical
substance that is known or assumed to contain equal to or greater than fifty
parts per million (50 ppm) PCBs with a chemical substance containing less than
fifty parts per million (50 ppm) PCBs. Unless tested in accordance with
40 CFR
761.60(g), oil in or from
electrical equipment (except circuit breakers, reclosers, and cable) for which
the PCB concentration is unknown must be assumed to contain equal to or greater
than fifty parts per million (50 ppm) PCBs.
10. PCB units are defined as any waste
manufactured item which contains or did contain PCB material, excluding the
following PCB articles and PCB containers:
A.
Small capacitors that remain as components of waste manufactured
items;
B. PCB articles containing
PCBs at concentrations of less than five hundred parts per million (500 ppm),
provided that the article is first drained of all free-flowing liquids, filled
with a solvent that readily solubilizes PCBs (for example, kerosene, toluene),
allowed to stand for at least eighteen (18) hours and then drained
thoroughly;
C. PCB articles
containing PCBs at concentrations of less than five hundred parts per million
(500 ppm), provided that the article is first drained of all free-flowing
liquids and then thermally treated for the purpose of degrading the residual
PCBs and combustible material;
D.
PCB containers that are decontaminated in accordance with
40 CFR
761.79;
E. PCB articles and PCB containers which have
internal and external surfaces that have been decontaminated to less than ten
micrograms (10 µg) PCBs per one hundred centimeters squared (100
cm2) surface area;
F. Electrical equipment that has been
reclassified to non-PCB status pursuant to
40 CFR
761.30(a)(2)(v);
and
G. PCB articles and PCB
containers that are decontaminated by an alternate method, if approved by the
department.
11. Treatment
means any method, technique, or process, including degreasing, designed to
change the physical, chemical, or biological character or composition of any
PCB material or PCB units so as to recover energy or material resources from
the waste or render the waste nontoxic or less toxic, to render the waste safer
for transportation, storage, or disposal or to make the waste more suitable for
recovery, storage, or volume reduction.
(B) The definitions for the following terms
are codified in 40 CFR
761.3 and are incorporated by reference:
1. Capacitor;
2. Chemical substance;
3. Fluorescent light ballast;
4. PCB article;
5. PCB container;
6. PCB-contaminated electrical equipment;
and
7. PCB transformer.
(C) Substitute the following terms
in the portions of 40 CFR part 264, 40 CFR part 265, 40 CFR part 270, and 10
CSR 25 that apply in this rule:
1. "PCB
material," "PCB units," or both for "hazardous waste";
2. "PCB facility" for "hazardous waste
facility"; "hazardous waste treatment, storage or disposal facility";
"treatment, storage or disposal facility"; and "HWM facility"; and
3. "PCB facility permit" for "Part B permit"
and "RCRA permit."
(4) Manifesting, Record Keeping, and
Reporting.
(A)
(Reserved)
(B)
Manifests. All shipments destined to or originating from a Missouri PCB
facility shall meet the requirements of
40 CFR
761.207 through
40 CFR
761.219. Any reports specified in these
regulations are to be submitted to the department as well as to the EPA
Regional Administrator.
(C) The
facility shall return a copy of the PCB manifest to the transporter immediately
upon receipt of the consignment and shall return a copy to the consignor within
thirty-five (35) days of receipt. The facility's manifest copy shall be
maintained on-site for a period of three (3) years following receipt of a
consignment. The period of record retention shall extend upon the written
request of the department or automatically during the course of any unresolved
enforcement action regarding the regulated activity.
(D) Reporting Requirements. The owner or
operator of a PCB facility shall complete and submit the following reports to
the department:
1. An annual report prepared
in accordance with 40 CFR
761.180(b) by July 15 of
each year that covers the previous calendar year.
2. A quarterly report that includes the
following information within forty-five (45) days after the end of each
calendar quarter:
A. The name, address, and
phone number of the facility;
B.
The quarter for which the report is prepared;
C. A summary of the total quantity of PCB
material and PCB units (designated by PCB identification number) received
during the quarter. For the purpose of this report, any dielectric fluid
drained from electrical equipment shall be designated as M001 or M004, as
applicable;
D. A summary of the
total quantity of PCB material and PCB units (designated by PCB identification
number) generated on-site;
E. A
summary of the total quantity of PCB material and PCB units (designated by PCB
identification number) treated on-site and the method of treatment;
F. A summary of the total quantity of PCB
material and PCB units (designated by PCB identification number) transferred to
other treatment, storage, or disposal facilities. A summary shall be prepared
for each individual facility utilized and shall include a list of shipping
dates and the method of final disposition;
G. A summary of the total quantity of PCB
material and PCB units (designated by PCB identification number) retained at
the facility at the end of the reporting quarter;
H. In chronological order, a copy of each PCB
manifest received during the reporting quarter;
I. In chronological order, all completed
manifests utilized for off-site shipments during that calendar quarter;
and
J. A certification with
original signature of the owner or operator which reads: "CERTIFICATION: I
certify under penalty of law that I have personally examined and am familiar
with the information submitted in this and all attached documents, and that
based on my inquiry of those individuals immediately responsible for obtaining
the information, I believe that the submitted information is true, accurate,
and complete for the quarterly accounting of PCB material so handled, and the
operations of the facility referenced herein. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment."
(E) Operating Record. The owner or operator
of a PCB facility shall maintain a written operating record. This subsection
sets forth record keeping requirements for storage and transfer operations. A
PCB facility shall also comply with the applicable record keeping requirements
set forth in sections (7) and (8) of this rule. The information specified in
this subsection shall be recorded, as it becomes available, and maintained in
the operating record of the facility until closure of the facility.
1. When PCB material is transferred from a
PCB article or PCB container to a PCB container (for example, bulk tank or
drum), the owner or operator shall record the following information:
A. The date of transfer;
B. The quantity of PCB material
transferred;
C. The appropriate PCB
identification number or some other reference to the type of material and PCB
concentration;
D. Identification of
the container into which the PCBs were transferred; and
E. The manifest document number from the
manifest that accompanied the consignment or some other type of cross reference
to the manifest document number.
2. When PCB material is transferred from a
bulk tank to a tank truck, the owner or operator shall record information that
indicates-
A. The date transported;
B. The tank identification and tank level or
the quantity of PCB material removed from the tank; and
C. The manifest document number(s) associated
with the off-site shipment(s).
(5) Transporter Requirements.
(A) Consignments of PCB material, PCB units,
or both which are destined for or originate from a Missouri PCB facility shall
be conveyed by a hazardous waste transporter licensed by the state in
accordance with 10 CSR 25-6. The transporter's current license application or
renewal shall specify that the applicant intends to transport PCB material, PCB
units, or both.
(B) A transporter
shall not accept a consignment of PCB material, PCB units, or both destined for
or originating from a Missouri PCB facility unless the consignment is
accompanied by a PCB manifest.
(C)
PCB units not in PCB containers shall be inspected by the transporter prior to
acceptance to ensure that the unit is intact and not leaking. The transporter
shall not accept a leaking PCB unit unless the unit is in a nonleaking PCB
container.
(D) In addition to
existing state and federal requirements, the department may require that PCB
transporters use specific safety equipment, spill control equipment, and spill
cleanup procedures.
(6)
Provisionally Regulated PCB Facilities.
(A) A
PCB facility that meets the following criteria is defined as a provisionally
regulated PCB facility:
1.
(Reserved)
2. The
quantity of PCB material accumulated on-site never exceeds ten thousand pounds
(10,000 lbs);
3. The quantity of
large PCB units accumulated on-site never exceeds fifty (50) units;
and
4. The treatment processes
conducted at the facility are limited to decontamination of PCB units that
contained less than five hundred parts per million (500 ppm) PCBs.
(B) The owners or operators of
provisionally regulated PCB facilities shall submit a notification letter to
the department prior to commencing operation as a PCB facility that includes
the following information:
1. The facility
name, address, and telephone number; and
2. A description of the existing and proposed
treatment and storage methods and capacities;
3. Manifesting. PCB articles that are
transported to a facility for the purpose of servicing need not be accompanied
by a manifest; and
4. Owners or
operators of PCB-contam-inated metals reclamation incinerators shall meet the
minimum technical standards in subsection (12)(A) of this rule.
(C) A provisionally regulated PCB
facility which does not provide adequate environmental protection as determined
by the department may be required to meet any or all of the requirements of
this rule.
(D) The owner or
operator of a provisionally regulated PCB facility who fails to operate within
the criteria of subsection (6)(A) of this rule or who fails to comply with the
requirements of subsection (6)(B) of this rule may be required to meet any or
all of the requirements of this rule.
(7) Mobile Treatment Units.
(A) For the purpose of the rule, mobile
treatment units (MTUs) are defined as follows:
1. Mobile treatment processes that utilize a
physical or chemical treatment unit for the purpose of reclassifying a
transformer pursuant to 40
CFR 761.30(a)(2)(v) as
incorporated in this rule; or
2.
Any other mobile treatment process that requires EPA approval pursuant to
40 CFR
761.60(e).
(B) MTUs are exempt from sections
(4), (8), (9), and (10) of this rule provided that-
1. The owner or operator of an EPA approved
MTU submits a copy of the MTU's EPA approval to the department at least thirty
(30) days prior to initial operation in Missouri;
2. The owner or operator of an MTU that does
not require an EPA approval submits a detailed description of his/her process
at least thirty (30) days prior to initial operation in Missouri;
3. The owner or operator of an MTU that is
not providing a transformer reclassification service cannot operate for more
than twenty (20) consecutive working days at any given job site without prior
written approval of the department;
4. The owner or operator of an MTU that is
providing a transformer reclassification service cannot operate at any given
job site for more than one hundred eighty (180) days without prior written
approval from the department; and
5. The owner or operator submits a
site-specific notification to the department prior to treatment of PCBs at any
given job site. The site-specific notification shall include the following
information:
A. The client's name, address,
and phone number;
B. The
approximate quantity of PCBs to be processed by the MTU;
C. The approximate PCB concentration of the
PCB material prior to treatment; and
D. The location of the job site.
(8) Standards
for Owners and Operators of PCB Facilities. The owner and operator of a
permitted Missouri PCB facility shall comply with this section. This section
sets forth standards for a Missouri PCB facility permit which modify and add to
the requirements of 40 CFR part 264 incorporated by reference in
10 CSR
25-7.264(1) and modified in
10 CSR
25-7.264(2), which apply in this
rule. For those subsections marked Reserved in which no
modification or addition is indicated, the requirements of
10 CSR
25-7.264 and those 40 CFR parts incorporated by
reference in 10 CSR
25-7.264(1) apply.
(A) Applicability. This subsection sets forth
standards which modify or add to the requirements in 40 CFR part 264 subpart A,
incorporated in 10 CSR
25-7.264(1) and modified in
10 CSR
25-7.264(2)(A). This section does not
apply to an owner or operator of a provisionally regulated PCB facility or
mobile treatment unit provided that the owner or operator maintains compliance
with section (6) or (7) of this rule, respectively.
(B) General Facility Standards. This
subsection sets forth standards which modify or add to 40 CFR part 264 subpart
B, incorporated in 10 CSR
25-7.264(1). In addition to the
requirements in 40 CFR
264.13(a)(1), as
incorporated in 10 CSR
25-7.264(1), the waste analysis, at a
minimum, shall contain all the information which must be known to treat, store,
dispose of, or broker the waste in accordance with the requirements of this
rule, the PCB facility permit conditions, and 40 CFR part 761.
(C) Preparedness and Prevention.
(Reserved)
(D)
Contingency Plan and Emergency Procedures.
(Reserved)
(E)
Manifest System, Record Keeping, and Reporting. The owner or operator shall
comply with the requirements in section (4) of this rule.
(F) Groundwater Protection.
(Reserved)
(G)
Closure and Post-Closure. (Reserved)
(H) Financial Assurance Requirements.
(Reserved)
(I) Use
and Management of Containers. This subsection sets forth standards which modify
or add to those requirements in 40 CFR Part 264 Subpart I incorporated in
10 CSR
25-7.264(1) and modified in
10 CSR
25-7.264(2)(I).
1. The term container as used in this
subsection means PCB article, PCB container, or both.
2. The storage area shall meet the
requirements in 40 CFR
761.65(b).
3. The temporary storage exemptions in
40 CFR
761.65(c)(1) are not allowed
for permitted PCB facilities.
(J) Tank Systems.
(Reserved)
(K)
Surface Impoundments. The management of PCB material, PCB units, or both in a
surface impoundment is prohibited.
(L) Waste Piles. The management of PCB
material, PCB units, or both in a waste pile is prohibited.
(M) Land Treatment. The management of PCB
material, PCB units, or both in a land treatment unit or facility is
prohibited.
(N) Landfills.
Landfilling of PCB material containing free liquids is prohibited.
(O) PCB Incinerators. This subsection sets
forth standards applicable to PCB incinerators which modify or add to those
requirements in 40 CFR part 264 subpart O, incorporated by reference in
10 CSR
25-7.264(1).
1. The provisions of
40 CFR
264.340(b), as incorporated
in 10 CSR 257.264(1), do not apply in this rule.
2. The requirements of
40 CFR
264.343(a)(1), as
incorporated in 10 CSR 257.264(1), are modified to require an incinerator
burning PCBs to achieve a destruction and removal efficiency (DRE) of
ninety-nine and nine thousand nine hundred ninety-nine ten-thousandths percent
(99.9999%).
3. The provisions of
40 CFR
264.343(a)(2) as
incorporated in 10 CSR 257.264(1) do not apply in this rule.
4. Combustion criteria for PCB liquids and
combustion gases entering a secondary chamber shall be either of the following:
A. Maintenance of the introduced liquids for
a two- (2-) second dwell time at twelve hundred degrees Celsius, plus or minus
one hundred degrees Celsius (1,200°C ± 100°C) and three percent
(3%) excess oxygen in the stack gas; or
B. Maintenance of the introduced liquids for
a one and one-half (1 1/2) second dwell time at sixteen hundred degrees
Celsius, plus or minus one hundred degrees Celsius, (1,600°C ±
100°C) and two percent (2%) excess oxygen in the stack
gas.
5. Combustion
efficiency shall be at least ninety-nine and nine-tenths percent (99.9%),
computed as follows: Combustion efficiency equals the concentration of carbon
dioxide divided by the sum of the concentration of carbon dioxide and the
concentration of carbon monoxide multiplied by one hundred
Click here to view image
where
CCO = the concentration of carbon dioxide; and
where
CCO = the concentration of carbon monoxide.
6. The provisions
of 40 CFR
264.344(a)(2), as
incorporated in 10 CSR 257.264(1) do not apply in this
rule.
(P)
(Reserved)
(Q)
(Reserved)
(R)
(Reserved)
(S)
(Reserved)
(T)
(Reserved)
(U)
(Reserved)
(V)
(Reserved)
(W)
(Reserved)
(X)
Miscellaneous Units. This subsection sets forth requirements which modify or
add to the requirements in 40 CFR 264 subpart X, incorporated by reference in
10 CSR 257.264(1).
1. Permit conditions will
be based upon successful process demonstrations. The process demonstrations
shall define the maximum PCB concentration and type of PCB material and PCB
units that can be treated.
2. The
final concentrations of treated PCB material must be less than two parts per
million (2 ppm) PCB.
(9) Interim Status Standards for Owners and
Operators of PCB Facilities. The requirements set forth in 40 CFR part 265,
incorporated by reference in
10 CSR
25-7.265(1) and modified in
10 CSR
25-7.265(2) apply in this rule. This
section sets forth standards for interim status PCB facilities which modify and
add to the requirements of 40 CFR part 265 incorporated by reference in 10 CSR
257.265(1) and modified in 10 CSR 257.265(2). This section does not apply to an
owner or operator of a provisionally regulated PCB facility or mobile treatment
unit provided that the owner or operator maintains compliance with section (6)
or (7) of this rule, respectively. For those subsections marked
Reserved in which no modification or addition is indicated,
the requirements of 10 CSR 25-7.265 and those 40 CFR
parts incorporated by reference in
10 CSR
25-7.265(1) apply in this rule.
(A) General. Within one hundred eighty (180)
days after the effective date of this rule, the owner or operator shall
complete, sign, and submit a PCB facility permit application or a closure plan
prepared in accordance with
10 CSR
25-13.010(9)(G) to the
director.
(B) General Facility
Standards. (Reserved)
(C) Preparedness and Prevention.
(Reserved)
(D)
Contingency Plan and Emergency Procedures.
(Reserved)
(E)
Manifest System, Record Keeping, and Reporting. The owner or operator shall
comply with the requirements in section (3) of this rule.
(F) Groundwater Monitoring.
(Reserved)
(G)
Closure and Post-Closure. (Reserved)
(H) Financial Requirements.
(Reserved)
(I) Use
and Management of Containers. (Reserved)
(J) Tank Systems.
(Reserved)
(K)
Surface Impoundments. The management of PCB material, PCB units, or both in
surface impoundments is prohibited.
(L) Waste Piles. The management of PCB
material, PCB units, or both in waste piles is prohibited.
(M) Land Treatment. The management of PCB
material, PCB units, or both in a land treatment unit or facility is
prohibited.
(N) Landfills.
(Reserved)
(O)
Incinerators. (Reserved)
(P) Thermal Treatment.
(Reserved)
(Q)
Chemical, Physical, and Biological Treatment.
(Reserved)
(10) PCB Facility Permitting. The
requirements in 40 CFR part 270, incorporated by reference in
10 CSR
25-7.270(1) and modified in
10 CSR
25-7.270(2) apply in this rule. This
section sets forth standards for a Missouri PCB facility permit which modify
and add to the requirements of 40 CFR part 270 incorporated by reference in 10
CSR 257.270(1) and modified in 10 CSR 257.270(2). This section does not apply
to an owner or operator of a provisionally regulated PCB facility or a mobile
treatment unit provided that the owner or operator maintains compliance with
section (6) or (7) of this rule, respectively. For those subsections marked
Reserved in which no modification or addition is indicated,
the requirements of 10 CSR 25-7.270 and those 40 CFR
parts incorporated by reference in
10 CSR
25-7.270(1) apply in this rule.
(A) General Information. This subsection sets
forth standards which modify or add to the requirements in 40 CFR part 270
subpart A, incorporated by reference in 10 CSR 257.270(1) and modified in
10 CSR
25-7.270(2)(A). The owner or operator
shall submit a Missouri PCB facility application on a form provided by the
department.
(B) Permit Application.
This subsection sets forth standards which modify or add to the requirements in
40 CFR part 270 subpart B, incorporated by reference in 10 CSR 257.270(1) and
modified in 10 CSR
25-7.270(2)(B).
1. The requirements for qualifying for
interim status are set forth in paragraph (10)(G)2. of this rule.
2. The waste analysis plan specified by
40 CFR
270.14(b)(3), as
incorporated in 10 CSR
25-7.270(1), shall be prepared in
accordance with subsection (8)(B).
3. These requirements are in addition to the
specific information requirements for incinerators in
40 CFR
270.19 as incorporated in
10 CSR
25-7.270(1).
B. In addition to the
requirements of 40 CFR
270.19(c)(5) as incorporated
in 10 CSR
25-7.270(1), methods and results of
monitoring for the following parameters shall be submitted from any
previously-conducted trial burns: oxygen (O2); carbon
dioxide (CO2); oxides of nitrogen
(NOx); hydrochloric acid (HCl); total chlorinated
organic content (RCl); PCBs; and total particulate
matter.
(C)
Permit Conditions. (Reserved)
(D) Changes to Permit.
(Reserved)
(E)
Expiration and Continuance of Permits. (Reserved)
(F) Special Forms of Permits. This subsection
sets forth standards which modify or add to the requirements in 40 CFR part 270
subpart F incorporated by reference in
10 CSR
25-7.270(1).
1. In addition to the requirements of
40 CFR
270.62(b)(2), as
incorporated in 10 CSR
25-7.270(1), the applicant shall
conduct monitoring for the following parameters:
a) oxygen (O2);
b) carbon monoxide (CO);
c) carbon dioxide
(CO2);
d)
oxides of nitrogen (NOx);
e) hydrochloric acid (HCl);
f) total chlorinated organic content (RCl);
g) PCBs; and
h) total particulate matter.
(G) Interim Status. This
subsection sets forth standards which modify or add to those requirements in 40
CFR Part 270 Subpart G, incorporated by reference in 10 CSR 257.270(1) and
modified in 10 CSR
25-7.270(2)(G).
1. A PCB facility that meets the requirements
of this subsection may continue to operate without a PCB permit if the facility
remains in compliance with the interim status requirements in this
subsection.
2. A PCB facility
qualifies for interim status if the facility-
A. Was in operation on August 13,
1986;
B. Filed a letter of intent
with the department before December 12, 1986 to construct, alter, or operate
the facility; and
C. Is in
compliance with section (9) of this rule.
(11) Public Participation. The
public participation requirements and variance and appeal procedures in
10 CSR
25-8.124 apply in this rule.
(12) Minimum Operating Requirements for
Specific Units.
(A) Scrap Metal Recovery
Ovens and Smelters.
1. Scrap metal recovery
ovens and smelters that are used to reclaim PCB-conta-minated metals shall be
operated in accordance with 40 CFR 761.72.
(B)
(Reserved)
Notes
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