### Polychlorinated Biphenyls (PCBs); Reassessment ofUse Authorizations Advance Notice ofProposed Rulemaking Public Meeting May 4,2010 in New York, NY

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## EPA Introduction 

## to the Rulemaking .What are PCBs? • What are/were PCBs used for? • What are the health effects from PCBs? • What is the authority for the rulemaking? • What is the standard for removing a use authorization? • What are the objectives ofthe rulemaking? • What information does EPA seekin the rulemaking? • What is the timetable for the rulemaking?

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## What are PCBs?

+PCBs are a group of209 chemical compounds called congeners +PCB commercial formulations contained mixtures ofaround 50 different congeners +Approximately 1.4 billion pounds were produced in U.S. between 1929 and 1977; possibly halfwere released into the environment +PCBs were important in industrial applications because they do not decompose over time, are heat resistant, provide elasticity to plastics and have low electrical conductivl

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### What are/were PCBs used for? Dielectric fluid Hydraulic fluid Heat transfer fluid Cutting oils* Lubricants* Pump oils* Carbonless copy paper Plasticizers* Caulk!sealants* Paint/coatings* Rubber* Inks/pigments* *these uses are not authorized in the re 5/4/2010

### What are the human health effects from PCBs? Acute (short-term)
- Irritation/burning ofeyes, face, and chloracne Chronic (long-term)
- Liver disorders, reproductive effects, developmental effects, and probably cancer PCBs also have numerous well-documented health effects, including cancer,for ani 5/4/2010

### What is the authority for the rulemaking? +Section 6(e) ofthe Toxic Substances Control Act of 1976 (TSCA) generally bans the manufacture, processing, distribution in commerce, and use of PCBs after 1978, but provides for exceptions based on an EPA finding of"no unreasonable risk ofinjury to health or the environment." +Most ofthe exceptions take the form of authorizations, which include conditions, such as location restrictions, repair restrictions, and concentration limits. 5/4/2010

### EPA Promised to Reassess Uses in 

### 1984 (43 FR 24807) 

### + Section 6(e)(2)(B) ofTSCA permits EPA to authorize by rule the manufacturing, processing, distribution in commerce, and use ofPCBs in a non-totally enclosed manner ifthese activities will not present an unreasonable risk ofinjury to health or the environment. 

### + EPA has determined that certain non-totally enclosed PCB use activities will not present an unreasonable risk and proposed to authorize these use activities for a period of5 years after the effective date ofthe final rule. Atthat time, E examine the need for continuing these aut 0 5/4/2010

## What is the standard for removing a use authorization?

· In order to remove an existing use authorization, EPA must be less than arbitrary and capricious.

· The burden to remove a use authorization is much less than the unreasonable risk burden to establish a use authorization. (United States Court ofAppeals for the Fifth Circuit 98- 60642, 98-60804 August 15, 2000, page 4)

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### What is the objective ofthe rulemaking? 

## +To reassess the current authorizations for certain PCB uses to determine whether they may now pose an unreasonable risk to human health and the environment. 

### To meetthis objective, thisANPR solicits informationfrom thepublic on several topics.

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### What information does EPA seek in the rulemaking? +Population characteristics for equipment 

### +Equipment management practices 

### +Equipment failure rates and insurance costs 

### +Removal and replacement costs for equipment 

### +Impact ofsevere spills, weather events and vandalism 

### +Disposal and metal recycling capacity and costs 

### +Environmental impacts ofalternatives to PCBs 

### +Potential authorizations for some non-liquid
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### What is the timetable for the rulemaking? +Comment period ends July 6, 2010 +Access/submit comments at www.regulations.gov -Docket # EPA-HQ-OPPT-2009-0757 

### +EPA reviews comments for the remainder of 2010.

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