Polychlorinated Biphenyls (PCB

Polychlorinated Biphenyls (PCB

Reassessment of Use Authorizat

Advance Notice of Proposed Rulemak

NWPPA Webinar 

May 11, 2010
EPA Introduction to the 

R lemaking R

ulemaking

•

W at a e C s? hat

a

r

e P

C

Bs?

•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 rulema•What is the timetable for the rulemaking?
What are PCBs? What are PCBs?

•PCBs are a group of 209 chemical compounds call

PCBs are

a group of 209 chemical compounds call

congeners

•PCB i l f l i i d i 

PCB commerc

i

a

l

formu

lat

ions conta

ine

d m

ixtures 

50 different congeners

•Approximately 1.4 billion pounds were produced ibetween 1929 and 1977; possibly half were released environment•PCBs were important in industrial applications becwere stable to aging heat resistant provided elasticwere stable to aging, heat resistant, provided elastic

plastics and had low electrical conductivity.
What are/were PCBs used fo

Dielectric fluid Dielectric fluid Carbonless copy 

Carbonless copy 

Hydraulic fluid PlasticizersHeat transfer fluid Caulk/sealantsCuttin

g oils Paint/coatin

g

s

Lubricants RubberP il ump oil

s Ik/i t n

k

s

/p

igmen

t

s
What are the health effects from P

A (h cute 

(

s

hort-term

)

– I i i /b i f Irr

itat

ion/burn

i

n

g o

f 

face, and other skin, chloracne

Chronic 

( g lon

g-term

)

– Liver disorders,

reproductive effects, developmental effectp y robabl

y cancer
What is the authorit

y for 

the rulemaking?

•Section 6(e) of the Toxic Substances Control Act ogenerally bans the manufacture, processing, distribucommerce, and use of PCBs after 1978. It provides limited authority to allow use of existing PCBs if thwould not 

p jy resent “an unreasonable risk of injur

y to 

the environment.” •EPA h i d l i h h i 

EPA

has 

issue

d regu

lat

ions t

hat aut

hor

ize many on

uses of PCBs subject to conditions, such as location restrictions,p , re

pair restrictions, and concentration lim

prevent unreasonable risks.
EPA Promised to Reassess

A th i d U i 1978 A

uthor

ize

d

Uses 

in 1978

• EPA determined that certain non-totall

y

enclosed PCB uses activities would not p

an unreasonable risk and proposed to auththese use activities for a period of 5 years the effective date of the final rule. 

• EPA stated that it would examine the nee

continuing these authorizations at that timcontinuing these authorizations at that tim
Standard for Removing

a Use A ii uthor

izat

ion

• When a petitioner challenges an EPA rule restri

When

a petitioner challenges an EPA rule restri

prohibiting the use of PCBs, courts must review action under the arbitrary and capricious standa

review. 

• The substantial evidence standard of review pro

under TSCA §19(c)(1)(B)(I) applies only when petioner challenges EPA’s decision to depart froout i ht b d it th d l 

t

r

i

ght

ban an

d permit the use, or expan

d an a

l

authorized use, of PCBs. 

(United States Court of Appeals for the Fifth Circuit 98-60495, 98-60

60804 August 15, 2000, page 4)
What are the objectives of this AN

• To assist EPA in reassessing the current authorf i PCB d i h h h for certa

in PCB uses to 

determ

ine w

het

her t

hey m

pose an unreasonable risk to human health and th

environment.

•To meet this obj , ective, this ANPR solicits infor

from the public on several topics.
What information does EPA What information does EPA

seek in the rulemaking?

•Population characteristics for equipment•E i t t ti Equ

ipmen

t managemen

t practices

•Equipment failure rates and insurance costs

•R ld l f i Remova

l an

d rep

lacement costs 

for equ

ipment

•Impact of severe spills, weather events and vand

•Disposal and metal recylcing capacity and costs•Environmental impacts of alternatives to PCBs•Potential authorizations for some non-liquid PCB
What is the timetable for the rulem

What is the timetable for the rulem

•Comment period ends July 6, 2010.•Review comments for the remainder of 2