# Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations Advance Notice of Proposed Rulemaking

Public Meeting May 18, 2010 in Chicago, IL

# 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 authoriz ation?  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?

 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 conductivity.

# What are/were PCBs used

for? Dielectric fluid Carbonless copy paper Hydraulic fluid Plasticizers* Heat transfer fluid Caulk/sealants* Cutting oils* Paint/coatings* Lubricants* Rubber* Pump oils* Inks/pigments* *these uses are not authorized in the regulations.

# 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 animals.

# 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.

### 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

5/18/10 7 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, EPA will examine the need for continuing these authorizations.

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

• In order to remove an existing use authoriz ation, EPA must be less than arbitrary and capricious.

• The burden to remove a use authoriz ation is much less

5/18/10 8 • The burden to remove a use authoriz ation is much less than the unreasonable risk burden to establish a use authoriz ation.
(United States Court of Appeals for the Fifth Circuit 98 - 60495, 98 - 60642, 98 - 60804 August 15, 2000, page 4)

# 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.

# 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 of severe spills, weather events and vandalism  Disposal and metal recycling capacity and costs  Environmental impacts of alternatives to PCBs  Potential authoriz ations for some non - liquid PCBs

# What is the timetable for

the rulemaking?  

### Comment period ends July 6, 2010  

### Access/submit comments at www.regulations.gov Access/submit comments www.regulations.gov

–Docket # EPA-HQ - OPPT - 2009 - 0757  

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