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 authorization?

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 

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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 authorization, EPA 

must be less than arbitrary and capricious.

• The burden to remove a use authorization is much less 

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• 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 98-60495, 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 authorizations for some non-liquid PCBs
What is the timetable for 

the rulemaking?

Comment period ends July 6, 2010

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

–Docket # EPA-HQ-OPPT-2009-0757 

EPA reviews comments for the remainder of 

2010.