Polychlorinated Biphenyls (PCBs);

Reassessment of Use Authorizations

Advance Notice of Proposed Rulemaking

Public Meeting

May 4,2010 in New York, NY

5/4/2010
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 of the rulemaking?

• What information does EPA seek in the rulemaking?

• What is the timetable for the rulemaking?

5/4/2010
What are PCBs?

+PCBs are a group of 209 chemical compounds called

congeners

+PCB commercial formulations contained mixtures of around

50 different congeners

+Approximately 1.4 billion pounds were produced in U.S.

between 1929 and 1977; possibly half were 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

5/4/2010
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 of eyes,

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) of the 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

of injury to health or the environment."

+Most of the 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) of TSCA permits EPA to authorize

by rule the manufacturing, processing, distribution

in commerce, and use of PCBs in a non-totally

enclosed manner if these activities will not present an

unreasonable risk of injury 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 of 5 years after the

effective date of the final rule. At that time, E

examine the needfor 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 of Appeals for the Fifth Circuit 98-

60642, 98-60804 August 15, 2000, page 4)

5/4/2010
What is the objective of the

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 meet this objective, this ANPR solicits

information from the public on several topics.

5/4/2010
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 of alternatives to PCBs

+Potential authorizations for some non-liquid

5/4/2010
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.

5/4/2010