Polychlorinated Biphenyls (PCBs);PolychlorinatedBiphenyls(PCBs);Reassessment of Use AuthorizationsAdvance Notice of Proposed RulemakingNWPPA WebinarMay 11, 2010EPA Introduction to theR lemakingRulemaking•WhatarePCBs?at a e C s?•What are/were PCBs used for?•What are the health effects from PCBs?•What is the authority for the rulemaking?•What are the objectives of the rulemaking?•What information does EPA seek in the rulemaking?•What is the timetable for the rulemaking?What are PCBs?WhatarePCBs?•PCBs are a group of 209 chemical compounds calledPCBsareagroupof209chemicalcompoundscalledcongenersPCB i l f l i i d i f d•PCBcommercialformulations containedmixtures ofaround50 different congeners•Approximately 1.4 billion pounds were produced in U.S.between 1929 and 1977; possibly half were released into theenvironment•PCBs were important in industrial applications because theywere stable to aging heat resistant provided elasticity towerestabletoaging,heatresistant,providedelasticitytoplastics and had low electrical conductivity.What are/were PCBs used for?Dielectric fluidCarbonless copy paperDielectricfluidCarbonlesscopypaperHydraulic fluid PlasticizersHeat transfer fluid Caulk/sealantsCuttingoils Paint/coatingsLubricants RubberP ilIk/i tump oilsnks/pigmentsWhat are the health effects from PCBs?A (h)I i i /b i fcute(short-term–Irritation/burningofeyes,face, and other skin, chloracneChronic(long-term)–Liver disorders,greproductive effects, developmental effects, andprobablycanceryWhat is the authorityforthe rulemaking?•Section 6(e) of the Toxic Substances Control Act of 1976generally bans the manufacture, processing, distribution incommerce, and use of PCBs after 1978. It provides EPA wthlimited authority to allow use of existing PCBs if the usewould notpresent “an unreasonable risk of injuryto health orjythe environment.”EPA h i d l i h h i i•EPAhasissuedregulations that authorize many ongoinguses of PCBs subject to conditions, such as locationrestrictions,repair restrictions,and concentration limits top ,prevent unreasonable risks.EPA Promised to ReassessA th i d U i 1978AuthorizedUsesin1978• EPA determined that certain non-totallyenclosed PCB uses activities would not presentan unreasonable risk and proposed to authorizethese use activities for a period of 5 years afterthe effective date of the final rule.• EPA stated that it would examine the need forcontinuing these authorizations at that time.continuingtheseauthorizationsatthattime.Standard for RemovingA iia Useuthorization•When a petitioner challenges an EPA rule restricting orWhenapetitionerchallengesanEPArulerestrictingorprohibiting the use of PCBs, courts must review EPA’saction under the arbitrary and capricious standard ofreview.• The substantial evidence standard of review provided forunder TSCA §19(c)(1)(B)(I) applies only when apetioner challenges EPA’s decision to depart from thet i ht b d it th d l doutrightban andpermitthe use, or expandan alreadyauthorized use, of PCBs.(United States Court of Appeals for the Fifth Circuit 98-60495, 98-60642, 98-60804 August 15, 2000, page 4)What are the objectives of this ANPR?• To assist EPA in reassessing the current authorizationsf i PCB d i h h hfor certainPCBuses todetermine whether they may nowpose an unreasonable risk to human health and theenvironment.•To meet this objective,this ANPR solicits information,from the public on several topics.What information does EPAWhatinformationdoesEPAseek in the rulemaking?•Population characteristics for equipmentE i t t ti•Equipmentmanagementpractices•Equipment failure rates and insurance costsR ld l f i•Removalandreplacement costsfor equipment•Impact of severe spills, weather events and vandalism•Disposal and metal recylcing capacity and costs•Environmental impacts of alternatives to PCBs•Potential authorizations for some non-liquid PCBsWhat is the timetable for the rulemaking?Whatisthetimetablefortherulemaking?•Comment period ends July 6, 2010.•Review comments for the remainder of 2010.