DETERMINATION REGARDING DISPOSAL
OF PCB CONTAINER RINSATE
(LESS THAN 50 PPM)
I. ISSUE STATEMENT
The issue to be resolved is whether rinsate contaminated with PCBs at concentrations less
than 50 ppm is regulated for disposal under the PCB container decontamination provisions
at 40 CFR §761.79.
II. BACKGROUND
PCB containers may be decontaminated under the PCB regulations to allow valuable
containers to be reused safely The procedures for decontamination are set out in 40 CFR
§761.79 To decontaminate a container, the internal surfaces must be flushed three times
with a solvent containing less than 50 ppm PCB. The solubility of PCBs in the solvent must
be five percent or more by weight. Each rinse must use a volume of the normal diluent
equal to approximately ten percent of the PCB container capacity. The solvent may be
reused for decontamination until it contains 50 ppm PCB. The solvent must then be disposed
of as a PCB in accordance with section §761.60(a). (Any non-liquid PCBs that result from
the process must also be disposed of in accordance with the applicable regulations).
The Agency issued a letter in 1982 stating that such rinsate is regulated for disposal.
Region II recently took the position that such rinsate is regulated for disposal in an
administrative action against Rollins, Inc. The administrative law judge's decision in the
case upholds EPA's interpretation. However, it appears that various EPA offices have been
giving conflicting guidance regarding this issue.
III. ISSUE RESOLUTION
It has been determined than rinsate contaminated with less than 50 ppm PCBs be considered
regulated for disposal. Disposal of such rinsate in an unregulated manner would constitute
dilution, which is prohibited under the PCB regulations at 40 CFR Part 761. Regulating
this rinsate for disposal is consistent with the regulation of other rinsates under the
PCB regulations. Such a decision would not result in significant costs for industry,
because rinsate can be reused until it reaches a PCB concentration of 50 ppm.