### BinationalToxies Strategy

## IGreat Lakes

## IUS EPA Page 1of17
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### US(@¥~~~akes 

## Pollution Prevention and Toxics Reduction

You are here: EPA ticme**GreatLake~** >**Gr~\lt La~~JQ)luliQnYreventiongI1QTQxLfd** **R~~uction** > GrE::at**Lake~l?lnatiollillTQxi<;s_SJ;Lgt~9Y** >**MeeJJog~** >**Histori~9~i;mQ~i;tckground** Docl,Lm.enls >**1998~lgk.eho1d-ers.£Qr!Jm** >**ImQ1.em~l1tQtlQn** >**WorkgrQJJQLEQjy~blorinat~Q** BiQheovlsjPCBs) > .l:2i3ckground-.IJ1fQLmation oO-J:CfLS9urcesand RegulanQJ1s. > Report 

## Guns links

.. Pollution Prevention and TSlliea P:eEh:fetisA

.. Great Lakes Binational Toxic Strategy

.. About GLBTS

.. Workgroups

.. Meetings

.. Documents Persistent Bioaccumulative Toxic Chemicals

.. Orderthe GLBTS Compact Disk Back to Index 

# Great Lakes Binational Taxies Strateg'-&.y**~~~~** 

# __ Stakeholder Forum - 1998 

## IMPLEMENTING THE BINATIONAL TOXIeS STRATEGY Polychlorinated Biphenyls (PCBs) Workgroup 

## Background Information on PCB Sources and Regulations

I. Introduction Polychlorinated biphenyls (PCBs), although banned ortightly restricted in almost all industrial and commercial uses 'because oftheir persistence and high toxicity, remain a major cause of contamination in the waters ofthe Great Lakes. All five ofthe Great Lakes
-- as well as numerous inland lakes
-- have fish consumption advisories as a result of PCBcontamination. PCBsreferto a class ofchlorinated, chemical compounds that includes numerous different substances favored for their low conductivity, high boiling point, chemical stability, and flame retardant properties. Throughout the 20th century, PCBswere used for many diverse purposes ranging from dielectricfluids to pesticides. As evidence oftheirtoxicity took shape, their uses were curtailed sharply. In a span of less than 20 years, PCBs have moved from one ofthe most Widely used chemicals to one ofthe most tightly controlled. Today, PCBs represent the only substance singled out for a customized regulatory framework, a selfcontained system underwhich owners and users must operate. It is a series of regulations unmatched for any other industrial chemical. Although most PCB-related activities have been banned ortightly restricted, PCBsstill remain in industrial and commercial use in allowable circumstances. PCBspreviously released into the environment are dispersed in the air and water and are located in landfills and sediments. Over halfofthe PCBsmanufactured were disposed of priorto the enactment ofspecific regulations. Consequently, pathways exist for PCBexposure, and PCBsare still considered a threat to human health and the environment. For this reason, PCBs have been included in the Virtual Elimination Pilot Project.



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### Binational Toxies Strategy

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## IUS EPA Page 2of17

The challenge forthe Virtual Elimination Project is three-fold. It seeks to identify incentives necessary to encourage accelerated phaseout and properdisposal of PCBs in (1) specifically regulated and known items such as transformers and capacitors, (2) known but unregulated items, such as non-leaking capacitors in fluorescent lamp ballasts, and (3) those circumstances where PCBs are "unknown" either by source and/or location. PCBs also reside in sediments, hazardous waste sites, and otherareas as a result of past use and disposal practices. Because the Virtual Elimination project is focusing on current and future use and disposal practices, these sources are not included in the analysis. These sources of PCBs are addressed by current remediation programs. Several recent efforts may change substantially the way in which PCBs are regulated and the manner in which they are disposed. The Virtual Elimination project will explore these current efforts and seek otherappropriate options that would result in more rapid and proper PCB disposal. This background report addresses the following issues: 1. What sources potentially release PCBsinto the environment? 

### 2. What regulations affect PCB use and disposal? The discussion focuses on current TSCA regulations and possible changes to these regulations, as they shape PCB use and disposal decisions. 3. What non-regulatory programs encourage reductions in PCB use and disposal? 4. What potential changes to PCB regulations are in progress? The objective ofthis background information is to provide a context for understanding how PCBs are currently used, past uses that might contribute to current PCB releases, and the extentto which the current regulatory structure is encouraging
-- or hindering
-- timely and properdisposal of PCBs. From this information, recommendations can be developed to enhance proper PCBdisposal. Table 1 outlines the approach used for PCBs in the Virtual Elimination project. 

### Ta**bl~** 1 0

### u.W**n~fo** r**PC68J2JK~**__

### ftc::JJ (PDF 7Kb, lpp) 

## II. What are the Sources of PCBs? From 

### 1929-1977, Monsanto Company, the sole manufacturerof PCBs in the United States, produced 

### 700,000 tons of PCBs. Due to their low flammability, PCBs were used extensively for insulating and cooling electrical equipment, particularly in transformers, large capacitors, and fluorescent lamp ballasts. Annual PCB sales peaked at 

### 85 million pounds in 

### 1970. Recent estimates suggest that 

### 141,000 tons of pure PCBsremained in service atthe end of 

### 1988. In the United States, PCBsare, forthe most part, no longer used deliberately in product manufacture. PCBs are released to the environmentfrom (1) items that contain PCBs introduced deliberately fortheir useful chemical properties, (2) inadvertent generation during certain production processes, and (3) storage and disposal facilities. A briefdiscussion ofthe different categories of potential PCB sources follows. This section concludes with a discussion of PCB release data available from several federal and state reporting programs. Appendix A, a detailed "use tree" of PCBsources, illustrates the diverse applications of PCBsbefore their general use was curtailed.



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### BinationalToxies Strategy I

### Great Lakes I

### US EPA

A. Items containing.intentionally introduced PCBs 

### Page 3of17

The majority of PCBs were used in the production of dielectric fluids fortransformers, capacitors, and otherelectrical components. PCBs were also used in synthetic resins, epoxy paints and protective coatings, and hydraulic and heattransferfluids (due to their high boiling point). Because of its low flammability property, many past uses of PCBs may not be known to regulators today. For instance, it was only recently discovered that the U.S. Navy painted some ships with paints that incorporated PCBs,which now causes difficult disposal issues. Today, none ofthese items may be designed or manufactured with PCBs. Undercurrent regulations, these uses must be recognized specifically by regulation, or are not allowed at all. However, items such as large appliances, transformers, fluorescent lamp ballasts, and many other products created before PCBs were banned have a long useful life, and thus, many of these items remain in service. In some cases, owners may not know that items on their property contain PCBs. The challenge forthe virtual elimination project is to develop ideas that result in accelerated phaseout and properdisposal ofthese and other remaining PCBs. 1) Allowable Uses TSCA regulations, described in detail in section IV, include provisions for allowable uses of PCBs within its overall ban. Transformers and capacitors, the largest reservoirs of PCBs still in use, are included in this category. UnderTSCA, all uses of PCBs are banned unless they fall into one of the following categories of allowable uses: (1) "totally enclosed" activity: (2) authorized uses: or (3) exemptions obtained through specific petition. In addition to uses allowed in these three categories, several otheractivities are allowed without explicit authorization or exemption, provided the PCB concentration falls below the regulatory concentration limit: (1) the inadvertent generation of PCBSi (2) use or processing ofexcluded products: (3) use or processing of recycled PCBSi and (4) applying sewage sludge that contains less than 50ppm PCBs. Table 2 summarizes these allowable use provisions. Appendix B lists the specific activities allowed undereach category. Why are certain PCB uses and activities still allowed? EPA has determined that certain PCB uses pose no unreasonable risk. This threshold of "no unreasonable risk" isthe underpinning ofthe TSCA regulatory framework. Some PCB activities that EPAconsiders to pose "no unreasonable risk" avoid TSCA's regulatory levers.



### a. ElectricalEquipment PCBs were used as electric current-insulating material and coolant in electrical equipment to prevent overheating and fires. Electrical products that relied on this type of insulation include transformers, capacitors, voltage regulators, and lamp ballasts. Capacitors containing PCBs were also used in refrigerators, airconditioners, and other large appliances. Industrial machinery and otherelectrical equipment also relied on PCBs'fire resistant and insulating properties. The primary concerns with this type of equipment result from spills, fires, and improper disposal. Identifying all potential owners of equipment containing PCBs is quite difficult.



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Transformers and capacitors. Transformers and capacitors are the focus of numerous regulations. Restrictions on allowable uses have tightened overthe years since TSCA regulations were first promulgated. Transformerfires may release dioxin from incomplete combustion of PCBs. Current regulations, described in more detail in Section IV impose strict requirements on the locations of these items, and require recordkeeping, monitoring, marking and otherobligations for owners. However, all phaseout dates forthese items have already past. These phaseouts restricted the locations of PCB-transformers. 

### IflbI**e~~=_<::::~qJe9QIj eS_QLe_<::::J~lJseLActiv** **itie_sAl1QweJLJdnder~SCA** (PDF BKb, Ipp) The majority of transformers are owned by utility companies. Regulators are concerned that (1) impropertransformerservicing and disposal may result in spills and leaks to the environment, and (2) building owners may not be aware ofatransformer containing PCBs on their premises

..As discussed in Section V, EPA Region 5 is exploring options to promote a more rapid phaseout of PCBtransformers. Lamp ballasts. All fluorescent lamps manufactured before 

### 1979 probably contain PCBs. However, they are not labeled as such. Only lamps manufactured after 

### 1979 are labeled to indicate they do not contain PCBs. Because ofthe potential for future environmental liability, many bulldlnq owners and others responsible for large quantities ofdiscarded light ballasts are exploring combinations of incineration and recycling instead of landfill disposal. Several companies offer cleanup disposal services. Large building owners are likely aware of potential PCBs in their lamps, however, smallerowners may not be aware ofthis potential PCB source. PCB ballast capacitors contain about 1 ounce of PCB dielectric fluid. Industry sources estimate that approximately 1 billion ballasts are in use in the United States. Ballasts with non-leaking small capacitors may be disposed of in sanitary landfills, although EPA encourages disposal in chemical waste landfills or incinerators. In Minnesota, large quantities offluorescent lamp ballasts are considered hazardous waste, and must be disposed of accordingly. b. Non-Electricaluses PCBs used in inks and carbonless copy paper may cause paper mills and de-inking operations handling recycled fiberto generate PCBs in their effluent. Metal casting plants with PCBcontaining hydraulic fluids are also potential sources of PCB releases. PCBs were also used in paints, adhesives, sealants, pesticides, plasticizers, and as lubricants. As indicated below, many ofthese uses are no longerallowed underany TSCA provisions. 2) Discontinued Uses of PCBs Several previous uses of PCBs are not authorized or provided for underany TSCA provisions. These items may remain in circulation even if they are no longer produced. The followinq list illustrates products that have, in the past, contained PCBsalthough PCBs are no longer allowed in these items: Adhesives, construction materials, cutting oils, dedusting agents, fuel tank coatings, gaskets, inks, oil/lubricants forvacuum pumps, air compressors, and gas transmission turbines, paints, pesticide extenders, plastic electrical cable insulation, plasticizers in rubber, plasticizers in synthetic resins, sound deadening felt, viscosity testing liquids.



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B. Inadvertent Generation of PCBs 

### Page 5of17

Any chemical process that involves carbon, chlorine, and elevated temperatures may inadvertently generate PCBs. EPA has estimated that up to 200 chemical processes may inadvertently generate PCBs. Forexample, many of these processes are used to produce chlorinated solvents. In addition, numerous other products, such as paints, printing inks, agricultural chemicals, plastic materials, and detergent bars, may contain inadvertently generated PCBs. The concentration of inadvertently generated PCBs in products leaving any manufacturing site or imported into the United States must have an annual average of 25 ppm, with a 50 ppm maximum. The concentration of PCBs in detergent bars must be less than 5 ppm. In 1984, EPAweighed the health and environmental risks and the economic costs of allowing these processes to continue. At that time, EPA concluded that the quantity of PCBs released to the environmentfrom these ongoing processes was inconsequential compared to the quantity of PCBsreleased to the environmentfrom items that contained intentionally introduced PCBs. Forthat reason, EPA decided against an outright ban of these processes, due to the potential for a majordisruption in commerce. Specifically, EPArecognized that the high costs associated with eliminating the low risks posed by inadvertently generated PCBswould place an excessive cost on society in lightof the minimal reductions in public health risks that would accrue. Instead, EPA decided to add certification, recordkeeping, and reporting requirements to facilities that inadvertently generated PCBs, in combination with the specified regulatory concentration limits for airand water releases. Inadvertently generated PCBs vented to ambient air must be less than 10 ppm. The amount of inadvertently generated PCBs added to waterdischarged from a manufacturing site must be less than 100 ppb. C. Waste Disposal Facilities UnderTSCA regulations, items containing PCBs must be disposed of in specified disposal facilities. However, some items, such as non-leaking fluorescent lamp ballasts, may be disposed of as municipal solid waste. These items may release PCBs if they break during disposal. TSCA regulations outline operating standards and procedural requirements for incinerators and chemical waste landfills. Disposal contracts must specify that only EPA permitted or approved facilities will be used. Improperdisposal may result in generator liability. WastewaterTreatment Plants. Some wastewatertreatment facilities in the Great Lakes states detect PCBs in theireffluent. The specific source of these PCBs will vary by treatment plant, and may include contaminated sediments, illegally disposed PCBs, and othersources. Treatment plants such as the Western Lake SuperiorSanitary District in Minnesota have aggressive programs to determine the sources of PCBs to theirfacilities. Incinerators. PCBs are destroyed almost completely when incinerated in aTSCA-approved incinerator burning at permitted operating temperatures. The minimum operating temperature for PCB liquids> 500 ppm is 1200 degrees celsius (2200 degrees fahrenheit). TSCAoperating permits and regulations prohibit adding PCB feedstock during start-up or shut-down. Combustion processes, such as incinerators, boilers, and furnaces, may not reach a high enough temperature to destroy PCBs if they burn items containing PCBs during startup or shutdown. PCBs may convert to dioxins ifthey are not destroyed properly. EPA does not



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have astight control overthe operating conditions at boilers and industrial furnaces that burn wastes, or used oil as fuel, as it does forTSCA-permitted incinerators. Landfills. Landfills are a potential source of PCB release to the environment due to past disposal of PCB-containing items as well as current, allowable disposal of PCB-containing items. Landfill operators must monitorthe groundwaterfor PCB contamination. D. Data Sources for the Great Lakes States PCBreleases and transfers are reported underseveral reporting programs, each with a differentset of regulatory requirements, and each covering a different subset ofthe regulated community. The primary sources of PCB release information are (1) the Toxic Chemical Release Inventory (TRI), (2) Permit Compliance System (PCS) ofwater discharges, (3) the National Response Centerfor information on PCB spills, and (4) the Notification and Manifesting Rule for PCB disposal. In addition to these federal reporting programs, some Great Lakes states maintain other reporting systems that provide additional information on PCBreleases. Data is included for Wisconsin air point sources and Michigan's Critical Materials Wastewater Report. Information from each ofthese sources is summarized below, and included in detail in Appendix H. With the exception ofTRI data, all information is shown by SIC code to illustrate the distribution of PCB releases across different industrial sectors. Appendix Hi provides a summary ofthe numberoffacilities that report PCB releases under each ofthese programs, and shows how the numberoffacilities varies by reporting program as a result ofdiffering reporting requirements. For instance, 360 facilities in the Great Lakes states report PCBs under Michigan's Critical Materials Wastewater Reporting program, while only 9 facilities report PCB releases underTRI. Region 5 has also estimated the numberof remaining PCBtransformers and capacitors as part of its efforts to phaseout this equipment. EPAestimates that Region 5 may have 17,500 PCBtransformers and 400,000 PCB capacitors. Many ofthese items have several years left of useful life. As PCBequipment approaches the end of its useful life, spills become more common. EPAestimates that 3.3% oftransformers and 0.75% ofcapacitors will spill, with 560 transformer leaks and spills, and 3000 capacitor leaks and spills annually. Utilities in the Great Lakes states estimate that they have already removed 87% oftheir PCB equipment. Toxic Chemical Release Inventory (TRI). Appendix H2 shows TRI PCBreleases forthe Great Lakes states. TRI tracks chemical releases from facilities in the manufacturing sector (SIC codes 20-39) that meet reporting thresholds. TRI thresholds are based on the quantity of each substance used, processed, manufactured, or imported at any ofthese facilities. Appendix H2a includes 1992 data forthe eight Great Lakes states, including any source reduction activities implemented by each facility. Nine facilities reported PCB releases in 1992. All PCB releases were reported as offsite transfers. No facilities reported releases to air or water. Table 3 shows the types of releases reported in TRI. Electric utilities do notfall into the SIC code range covered by TRI, and therefore do not report any PCB activities underthis program. PCS data. Appendix H3 contains data from EPA's Permit Compliance System (PCS) for water discharges. PCS data approximates point source loads from municipal and industrial dischargers. The information is based on monitoring data supplied by regulated facilities. EPA uses PCS data as the basis for its enforcement program. In 1993, eight facilities reported PCBdischarges in Region 5 during 1993.



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Facility Kalamazoo WWTP Bay City WWTP GM-Engine Division-Bay City Alcan Sheet & Plate Division Outboard Marine
- Waukegan Detroit WWTP Trenton WWTP Fort Howard Paper Company 

### kg/yr 4.96 4.96 2.51 1.25 1.08 0.89 0.20 0.16


### 16.01 kg National Response Center. Spills of PCBs that exceed one pound must be reported to the National Response Center. Based on National Response Centerdata, Region 5 had 27% of the nation's spills from 1987-1992. Michigan, alone, had nine percent ofthe nation's spills, and 34% ofthe Region's spills. [inserttable 

### 3 - TRIpie chart] Wisconsin Air Point Source Emissions Data. Appendix H4 contains airemissions data for Wisconsin facilities (1992 data). As part of its Clean AirAct Title V Operating Permit Program, Wisconsin collected emissions data from facilities that reported releases greaterthan one pound of hazardous air pollutants, including PCBs.Three facilities reported PCBemissions underthis program. This total includes two paperand allied products facilities. Michigan Critical Materials Registry. Appendix H5 includes data from Michigan's Critical Materials Wastewater Report (1991 data). As part of its water quality program, Michigan collects information on chemical use and release from facilities that use any substance, including PCBs, on the "Critical Materials Registry." It is the only program that requires facilities to report information about chemical use. Under this program, "use" means the presence of the chemical on site. Atotal of 360 facilities reported PCB use, including 61 motorvehicle-related facilities, 21 electric utilities, and 13 paper mills. The total PCB use was between 12,596,890
- 12,631,657 pounds. Of this total, 11 facilities reported discharges ranging in total between 114 and 627 pounds; 115 facilities reported residuals ranging in total between 916,831 and 930,556 pounds. Notification and Manifesting Rule. EPApromulgated a notification and manifesting rule in 1990 to track PCBwaste disposal in a mannersimilarto RCRA waste disposal tracking. Under the notification and manifesting rule, storage and disposal facilities must track and report all PCB wastes received. This data illustrates the volume of PCBs disposed annually in each EPA region, but it does nottrack the source ofthis waste. Appendix H6 shows the trends in PCBdisposal (at a national level) since the inception ofthe notification and manifesting rule. In 1992, 746 million kilograms of PCB-contaminated waste were disposed of in TSCA disposal facilities, representing an increase of 62% over 1991 PCB disposal. EPAestimates that 91% ofthis waste was bulk waste, most likely from remediation.



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The volume of PCBwaste accounted for in transformers, capacitors, article containers, and containers has remained relatively constant overthe three-year period. EPA regions with large PCBdisposal facilities show the largest disposal volumes. Region II (NY, NJ, RI) reported 152,800,000 kilograms disposed of in 1992. Almost all ofthis was disposed ofat a chemical waste management PCB landfill in New York (152,500,00 kg). Region III (PA, VA, WV) reported 14,700,000 kilograms of PCB waste, and Region V reported 24,100,000 kilograms. 

## III. Environmental and Health Concerns PCBs are classified as probable human carcinogens. As a class ofchlorinated compounds, PCBs may include more than 200 different isomers. The specific toxicity varies among chemical products based on the numberand position ofthe chlorine atoms. Tests on laboratory animals show that PCB exposure can cause cancers, tumors, birth defects, reproductive failures, as well as liver, eye, and gastric tract disorders. PCBs persist in the environment afterthey are released. Because PCBs are stable compounds, they do not degrade rapidly, and are passed up the aquatic food chain in increasing levels in a phenomenon known as bioaccumulation. The majorsource of PCB exposure forthe general public is contaminated fish consumption. PCB contamination in fish and shellfish populations has resulted in closure offisheries across the country. In addition, PCBexposure may result from servicing PCB containing products such as transformers and otherelectrical equipment. These activities are also regulated under OSHAoccupational safety standards at a level designed to protect against skin disorders (29 CFR 1910). 

## IV. How are PCBs Regulated? PCBsoccupy a unique niche in the federal chemical regulatory arena. Singled out for special attention underTSCA, PCBs are subjectto a management regime largely independentof otherenvironmental laws. PCBs are regulated primarily underthe Toxics Substances Control Act (TSCA), which dictates restrictions on the manufacture, sale, use, disposal, import and export of PCBs. The statute also includes provisions for allowable uses. TSCA is not a program delegated to the states like many otherstatutes. States may regulate the disposal of PCBsundertheir own authorities, butthose rules cannot be less stringentthan TSCA rules. PCB releases are also regulated by the Clean AirAct (CAA), Clean WaterAct (CWA), Resource Conservation and Recovery Act (RCRA), and PCB releases are also reported in the Toxic Chemical Release Inventory (TRI). However, TSCA regulations shape the principal regulatory framework. Thus, the costs associated with having PCBs are generally independent ofcosts associated with otherchemicals. A. TSCA Regulations TSCAestablishes a legal presumption that PCBs pose an unreasonable risk to human health and the environment, unless EPAdetermines otherwise. TSCA regulations establish an elaborate concentration-based hierarchy that governs all aspects of PCB use and disposal, and dictates specific behaviors that are necessary for compliance. Regulations and policy specify:



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1. How PCBsmay be used, processed, distributed, manufactured, exported, and/or imported; 2. Acceptable storage and disposal conditions; 3. Spill clean-up requirements; and 4. Recordkeeping and reporting requirements. Each of these categories has a separate series of costs associated with it, as well as different thresholds, and criteria for achieving compliance. TSCA regulations, codified at 40CFR 761, apply to all persons who manufacture, process, distribute in commerce, use, or dispose of PCBs or PCB items, including dielectricfluids, contaminated solvents,oils, waste oils, heat transferfluids, hydraulic fluids, paints, sludges, and spill contaminated soils. TSCA regulations apply as well to items that have been in contact with PCBs. TSCA relies on a theory of increasing regulatory burdens and maintaining management requirements with each higher level of PCB concentration.

,. PCBs in concentrations <50ppm are known as "non-PCB" items. These items are generally excluded from regulation, with the exception ofa prohibition on using and burning waste oil (40CFR 761.20(d) and (e»; disposal is still regulated if wastestreams are diluted to <50ppm (40CFR761.1(b». In addition, PCB concentrations in heattransfer and hydraulic equipment must be less than 50 ppm.

.. Electrical equipment containing PCBs in concentrations between 50 - 500ppm are known as "PCB-contaminated" electrical equipment. These items have some recordkeeping and disposal requirements, along with specifications forstorage, cleanup, and notification; and

.. PCBs found in electrical equipment in concentrations >500ppm are known as "PCBtransformers". These items have requirements for marking, recordkeeping, inspection, cleanup, registration, notification, location, and limited disposal options. Costs associated with TSCA regulations include inspection, recordkeeping, servicing, marking, location requirements, notification and other issues. Table 4 shows the basic frameworkfor TSCA regulations of PCBs. Table 5 highlights the major provisions within this framework. Despite the clear message ofTSCA regulations, exlstlnq regulations may not necessarily encourage accelerated phaseout or proper removal and disposal of PCBs. Frequently, it is difficultto move between concentration levels, especially given TSCA's prohibition on dilution, and stringent rules for reclassifying equipment with PCBs. In addition, current regulations are noticeably lacking in requiring the elimination of PCBs in existing -- and allowable -- uses. All previously specified phaseout deadlines have come and gone. Yet, lingering overall PCB owners isthe potential for heavy costs associated with leaks, spills, improperdisposal, and future liability costs. TSCAviolations average $25,000 peraction forviolations that include paperwork errors and unauthorized uses or releases. The implication of this regulatory regime is easily recognizable: lowerconcentrations of PCBs (or elimination of PCBs) reduces the regulatory burden and compliance costs. Thus, the TSCA message is clear: eliminate PCBs or move to a lowerthreshold category, and many costs associated with PCB management disappear. This clear message lies in stark contrast to regulations that affect multiple chemicals.**Igbl~4-=-IS** 

### Cp..

__

overvie'!i (PDF 9Kb, lpp) Table 5 - TSCA Details (PDF llKb, lpp)



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PCB regulations have been revised periodically based on new risk information. In several instances, EPA has rejected additional outright bans on continued use because the societal costs of doing so far outweighed the benefits ofadditional risk reduction. For example, in the mid 1980s, EPAimposed additional regulatory requirements (inspection, servicing, registration, labeling, location requirements, etc) on PCB transformers to minimize fire risks instead of immediately banning them because of the estimated multi-billion dollarcosts associated with electrical service disruption. EPA promulgated the "fire rule" in 1985, after reassessing its earlier position on the expected frequency offire-related incidents involving transformers containing PCBs. PCBs released during transformer fires may be volatilized and converted into othertoxic materials such as dioxins. With this rule, EPAimposed restrictions on the locations ofelectrical equipment containing PCBs, and required registration and marking of PCB electrical equipment. In so doing, EPA determined that the continued use of PCB transformers without these additional restrictions posed an unreasonable risk of injury to health and the environment (see "fire rule/ at 50 FR29170, July 17, 1985). 1) Allowable Uses of PCBs In general, all PCB uses or activities are banned unless they fit into a specifically listed category. Table 2, included earlier in this report, summarized the differenttypes ofallowable uses. Appendix Bdescribes these activities in greater detail. PCB activities are allowed in the following areas: Totally Enclosed Activities. "Totally enclosed" activities are defined in TSCA regulations as an activity that results in "no exposure to humans or the environment" (40CFR761.20). Regulations list the distribution in commerce ofcertain intact, non-leaking electrical equipment as totally enclosed activities. Authorized Uses. "Authorized uses" are non-totally enclosed uses that must be specifically authorized by rule (TSCA ?6(e)(2)(B)). Generally, authorized uses are based on afinding that the use will not pose an unreasonable risk of injury to health or the environment. Regulations list such authorized uses (40CFR761.30). EPAmay modify this list as appropriate. For instance, in April 1994, EPAadded analytical reference samples to the list ofauthorized uses. Exemptions. "Exemptions" are required for activities that are not considered totally enclosed, or are not specifically authorized by rule. Individuals may petition EPA to approve a one-year exemption fortheir specific use. EPAmay grant an exemption if it determines that the activity would not pose an unreasonable risk of injury to health or the environment and the applicant has made good faith efforts to develop a chemical substitute. Appendix C lists the companies (as ofJuly 1993), that have been granted exemptions for PCBactivities. Until recently, these exemptions renewed automatically as long as no changes were made to the allowed activity. However, in April 1994, EPArevised the regulations governing renewals of exemptions (59 FR 16991-16999). Underthe revised regulations, petitioners must submit a certified letterto EPAat least six months priorto the expiration date ofthe current exemption stating that the specific types of PCB activities have not changed. Any changes to an original exemption are considered a new petition for exemption. The revised regulations apply to exemptions granted on or afterApril 25, 1994. 2) Disposal/Storage Costs



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TSCA regulations require specific disposal methods that vary by the type and concentration of PCBitems. The pollutant form determines the type ofdisposal options available. These options include: 1. incineration in a regulated PCB incinerator; 2. disposal at a licensed chemical waste landfill; 3. disposal in a high efficiency boiler; 4. alternative disposal methods subjectto EPAapproval; 5. disposal as municipal solid waste; and 6. unregulated disposal. Appendix D shows the regulatory framework for PCB disposal in detail. Incineration destroys PCBs and eliminates the potential for future liability that may result from landfill disposal options. However, incineration has the highest shortterm costs ofavailable disposal options. EPA approves several different methods for PCBdisposal. Several PCB disposal companies operate avariety ofcommercially permitted disposal facilities throughout the United States. These companies offer PCBdisposal related services that include incineration, alternate thermal treatment, chemical treatment, physical separation, pipeline removal, PCB transformer decommissioning (disassembly/smelting), chemical waste landfills, and biological treatment. Afull list ofthese companies is included as Appendix E. EPA regulations impose a one yeartime limit on PCB items placed in storage for disposal. However, EPA has learned of many instances where owners of PCBequipment place it in storage in anticipation of re-use to avoid the one yeartime limit. EPA is evaluating this in its upcoming PCBdisposal amendments. EPA has also promulgated rules that guide the approval process for commercial PCBstorage facilities. EPArevised its regulations in November 1993 defining the criteria it will use to evaluate a PCBstorage approval application (see 58 FR59372-59374, modifying 40CFR761.65). EPA evaluates commercial storage applications on a case-by-case basis, including the environmental compliance history ofthe applicant. B. Other Regulations Governing PCB Releases PCB releases are regulated to some extent underthe majorenvironmental statutes. However, these regulations are notthe primary driving force shaping decisions about how fast to dispose of PCBs. Clean Air Act. PCBs are considered Hazardous Air Pollutants (HAPs) underthe Clean AirAct. EPAwill be promulgating a new category of regulation, known as maximum achievable control technology (MACT standards) for "majorsource" facilities in any listed source category. Majorsources are defined as those sources that release 10 tons per year ofany HAP, or 25 tons per year in total HAPemissions. EPAmust also list, by 1995, the source categories that account for at least 90 percent ofaggregate emissions for seven pollutants, including PCBs.These sources will be subject to MACTstandards within ten years. Clean WaterAct: The ambient water quality criteria for PCBs in surface waters is 0.001 Fg/1. Section 129 ofthe Clean WaterAct specifically bans the discharge of PCBsfrom PCB,electric transformer, and electric capacitor manufacturers. Facilities may apply to EPAora state directorfor an adjustment oftheir PCBeffluent limits ifthe PCBs in their effluent result from PCBspresent in intake water. The facility owneror operator must show that the facility wastewater does not contain a higher PCB concentration than the intake water.


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(40CFR129.05) 

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TRI: PCBreleases are reported underthe Toxic Chemical Release Inventory (TRI). All PCB releases reported in TRI were offsite transfers. Table 6 shows the trends in PCBdisposal reported in TRI. [inserttable 6 - TRI trends] RCRA: The interplay between TSCA and RCRAfor PCBregulation is complex. In general, TSCA regulations apply to all aspects of PCB use and disposal. Because ofthis specific regulatory framework, RCRA's in-depth storage, treatment, and disposal rules generally do not apply to PCBs. Instead, RCRAregulations deferto TSCA requirements for PCB wastes. In some cases, however, RCRAregulations applyto PCBs. Following are some examples of the types ofsituations where RCRAregulations do apply to PCBs:

• Dielectric fluids and electric equipment with dielectric fluids treated underTSCA are not regulated under RCRA (40CFR 261.8);
• Municipal Solid Waste landfills must have in place programs that detect and prevent PCBdisposal (40 CFR258.20);
• Hazardous wastes containing liquid PCBwastes greaterthan 50 ppm are prohibited from land disposal unless approval is granted by petition.
• PCBs are a hazardous constituent under RCRA. As a result, the following RCRA regulations apply: groundwater monitoring (40CFR 264, App. IX); incineration requirements as a POHC(40CFR 264,347); and corrective action (40CFR 264.100). OSHA: The Occupational Safety and Health Act (OSHA) regulates workplace safety and sets permissible exposure levels for dangerous chemicals. The legal airborne permissible limit (PEL) for PCBs is 1 mg/m3 (42% chlorine) and .5 mg/m3 (54% chlorine) averaged over an 8-hourworkshift. The National Institute ofOccupational Safety and Health (NIOSH) recommends an airborne exposure limit of .001 mg/m3, averaged overaten hour period. These exposure limits pertain to air levels only. They do not apply to skin contact. Department ofTransportation container requirements: DOT currently requires specialized containers for packaging and transporting liquid and non-liquid PCBs(49CFR178). TSCA allows largercontainers for use in transporting PCBsifthey are in compliance with OSHA flammable and combustible liquid rules (29CFR1910). EPA is reviewing these container requirements as part ofthe PCBdisposal amendments (see Section VI). [inserttable 6 - TRI trends] Department ofAgriculture Regulations: PCBcontamination offoodstocks may occuras the direct result ofspills or leaks from PCBequipment, as well as indirectly from packaging contaminated with PCBsoriginating from recycled carbonless copy paper. The United States Department ofAgriculture (USDA) regulates PCBcontamination of food products by placing restrictions on food packaging operations and by setting tolerance levels for PCBs in certain

.foods. (21CFR109). New equipment or machinery for manufacturing food-packaging

materials cannot contain or use PCBs. Equipment must be tested for PCBs and removed from use where they could contaminate food-packaging materials. Safe Drinking WaterAct: Underthe Safe Drinking WaterAct, EPAestablished maximum contaminant levels for all public water systems in the United States. The MCl for PCBs is 0.0005 mq/L



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CERCLA: Facilities must report disposal of PCBs in quantities greaterthan one pound to EPA for the purpose oftracking future liabilities. (?102(a» CERCLA also requires spills greater than 1 pound to be reported to the National Response Center. 

# v. Non-Regulatory Programs Region 5 has developed an innovative, non-regulatory program designed to encourage more rapid and proper disposal of PCBs. Known as the PCB Phasedown program, it is designed to seek creative solutions cooperatively with the Region's utilities to remove PCBtransformers and capacitors. For its early stages, the program is geared only toward "PCB-transformers," and PCBcapacitor items with the highest concentrations of PCBs. All remaining regulatory phasedown deadlines for these items have already passed, and many transformers containing PCBsstill have a useful life. The cost ofdecommissioning, removing, and disposing ofa transformercontaining PCBs may cost tens ofthousands ofdollars. The overall goal ofthe PCB Phasedown Program is to have all PCBelectrical equipment in Region 5 decommissioned within five years. EPA has formed a partnership with the utilities in the Region to accomplish this goal. EPA is asking participating utilities to agree to a five year commitment to:

• Phasedown all PCB nameplated electrical equipment that has not already been removed from service;
• Test all non-nameplated electrical equipment in vaults, substations, and power plants, and phaseout any discovered to contain 500 ppm PCBsor greater; and
• Develop and implement an aggressive testing program for non-nameplated transformers and voltage regulators, and phaseout any found to contain 500 ppm PCBsor greater in sensitive areas such as agricultural lands, schools, hospitals, waterways and wetlands. Utilities participating in the program include: American Power & Light
- Columbus, OH Centerior Energy
- Independence, OH Commonwealth Edison
- Chicago, IL Consumers Power
- Jackson, MI Dayton Power & Light
- Dayton, OH Detroit Edison
- Detroit, MI Minnesota Power
- Duluth, MN NIPSCO (Northern Indiana Public Service Company)
- Hammond, IN Northern States Power
- Minneapolis and Eau Claire, WI Ohio Edison
- Akron, OH PSI Energy
- Plainfield, IN Wisconsin Electric Power Company
- Milwaukee, WI EPA is also seeking the utilities' help with outreach to other customers; influencing other users of PCBelectrical equipment to participate in the program; sharing technical expertise with smaller electricity suppliers; insuring that PCBelectrical equipment at abandoned sites or buildings are included in the PCBphasedown program; and providing incentives to smaller utilities and industrial and commercial customers. EPA has requested that participating


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utilities submit a report showing their previous PCB disposal activities, remaining PCB items in service, and commitments for future disposal. Participating utilities report that they have already removed 87% of PCBs in service in electrical equipmentthrough voluntary programs and regulatory requirements. They cited the following barriers to accelerated phaseout of PCB equipment:

• limited disposal options
• storage regulations (facility standards and time limits) 4; enforcement penalties

.. regulations on retrofilling transformers
• commercial storage regulations

.. lack ofeconomic incentives for decommissioning transformers

.. liability'for handling PCBs and PCB equipment generated by others EPA is exploring options that might reward more rapid disposal of PCB equipment. Specifically, EPA is looking for options to build flexibility into enforcement actions for participating utilities. EPA will also prepare reports that discuss phasedown program efforts, and work to overcome perceived regulatory barriers that deter utilities from removing their PCB equipment. The phasedown program is still in the preliminary stages, however EPA is considering expanding it to other industrial sectors that may have large volumes of PCB transformers. 

## VI. Potential Changes in PCB Regulation Several existlnq barriers in PCB regulations may be addressed in upcoming rulemakings. Most notable are the "disposal amendments" which illustrate EPA'sself-reflection aftertwo decades of regulating PCBs. EPA has recognized the need to revisit certain aspects ofexisting regulations in orderto provide the flexibility necessary to ensure properdisposal. In addition to the disposal amendments, EPA has proposed regulations that revise the criteria to reclassify transformers to lower regulatory levels. Both ofthese potential rule changes are summarized below. A. Disposal Amendments In June 1991, EPAannounced an advance notice of proposed rule making designed to restructure existing disposal regulations for PCBs. Several key tenets of PCB regulations may change significantly as a result of new disposal amendments. To date, the "disposal amendments" have not been issued, although they are anticipated to be released in proposed form by the end of 1994. Revised disposal rules could address changes in three areas: 

### 1. Alternative disposal methods that do not pose an unreasonable risk of injury to human health and the environment; 2. Classes of PCBs and PCBItems that are not specifically regulated underexisting requirements; and 3. Revised regulatory requirements for existing classes of PCBs and PCB items. In the Advance Notice of Proposed Rulemaking, EPA identified regulatory gaps in existing regulations, situations where implementation ofexisting regulations needed to be clarified, and situations where additional flexibility might promote disposal more effectively. Specifically, the disposal rules may address changes in the following areas:


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(1) Alternative storage and disposal methods:

.. Large volume, non-liquid PCB wastes;

.. Large volume PCB items;

.. PCB wastes (PCB/RaQioactive); (2) Classes of PCBs and PCB items not currently regulated under general disposal requirements:

.. Household PCB waste

.. Unknown or unauthorized uses of PCBs (3) Revised regulatory requirements forexisting classes of PCBs 

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.. Marking transportvehicles

.. DOTcontainers for storage of PCB waste

.. Definition of PCB transformer

.. Drained PCB-contaminated transformers

.. Temporary storage of PCB liquid <SOOppm

.. Sale of totally enclosed PCBs or PCB items

.. PCB storage requirements

.. Exclusion for labs providing PCB analytical samples

.. Class exemption for EPA and NISTto process and/ordistribute PCB standards in commerce

.. 500 gallon exemption under PCB notification and manifesting rule

.. Coordinated approach (state enhancement activities) Appendix Fdescribes, in detail, the specific issues that will be addressed in this rulemaking. When the amendments are released, they may also include other revisions as well. The draft amendments are undergoing internal EPA review, and will likely be released in draft form before the end ofthe calendaryear. Depending on the specific content ofthese regulations, several existing disposal barriers and loopholes may be eliminated. A12pendLx**FS~WJSCQNSIN** MERCUR'LEMlSSIONSjAir**PQint~ourc~:i,** 199;LDatQ} (PDF 20Kb, 2pps)**A12P~Ddlli F6~_Michiggn**  Critt<.:al Materials_Wastewater**8,~QQr~** - 1921 Data (PDF 201<b, 3pps) B. Transformer Reclassification Rules EPA has released a proposed electrical transformer reclassification rule that eases many requirements to reclassify PCB and PCB-contaminated transformers into a lower concentration category that avoids several regulatory requirements. Table 7 highlights the major changes proposed in the transformer reclassification rule. Appendix G describes these proposed changes in greaterdetail. Comments received on the proposed rule have included several proposed changes. EPA is currently reviewing the comments received on the draft rule to determine the nextsteps. Depending on the outcome of this review, the rule may be proposed again, or EPA may do additional studies, which would shift promulgation back for several months. Table 7 O'lerview of ProQQsed changes in Transformer Reclassification Rules (PDF 7Kb, lpp)


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Appendix H: Data on PCB Releases 

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Appendix H contains information on PCBreleases available from several federal and state reporting systems. Federal and state agencies collect information on PCB releases as part of broader programs designed to meet reporting requirements for multiple substances. It is important to keep in mind that each data set must be interpreted separately due to differences in reporting requirements and the types of information collected. All data is organized by Standard Industrial Classification codes (SIC codes). This structure offers a uniform method to identify industrial sectors. The first two digits ofa SIC code identify major industrial sectors. The full four digit code allows more specific identification of industrytype. Even with this detailed breakdown, variation exists within a given SIC code. For a complete list and description ofSIC codes, as well as the specific industrial processes covered by each code, referto the Standard Industrial Classification Manual. By using SIC codes, it is possible, on a broad scale, to identify the types of industrial sectors where PCB releases occur most frequently. Appendix H includes PCBrelease information from five specific data sources. The list below indicates the specific components ofAppendix H. The first page ofeach set of data includes an explanation ofthe reporting program and the data reviewed. App. Hi SJJmmgL,>,-_QLReQortlngloforrngtt<;LI1 (PDF 47Kb, 12pps): The table shows, by SIC code, the frequency with which PCB releases appear in each data set reviewed forthis analysis. It is organized by SIC code and by state. App. H2 Toxic Chemical Release Inventory (TRI) data: TRI data for 1992 and 1991. H2a 

## = 1992 data for Great Lakes states only H2b 

## = 1991 data for Great Lakes states only App. H3 Permit Compliance System (PCS) data: PCS data forthe Great Lakes basin (facilities located in the Great Lakes basin only; not necessarily statewide) H3a

## =July 1992
- June 1993 data H3b 

## =July 1991
- June 1992 data App. H4**YYl~~consiJl~Air** PointSQurceJ;tgtg; PCi:tairemissions dq@J:ollected for Wisconsin's. Clean AirAct**Title_"LQQeratLog~EermitE'r~Qgram** (PDf 12Kb, Ipp) (reported data). App.**H5Michi9.QD_CriticalJ\1gteriqls_R§gistr,>,-~J.~991 dCltg~**  (PDF 21Kb, 4pps) collected under Michigan's wastewater reporting program. Data indicates the number offacilities reporting PCB use (including material on-site). App. H6 Notification and Manifesting data Appendices

$ Appendix A: PCB UseTree Appendix B: PCBActivities/ UsesAllowed UnderTSCA
• Appendix C: Exemptions for Manufacturing, Processing, and Distribution
" Appendix D: Regulatory Framework for PCB Disposal
• Appendix E: Commercially Permitted PCBDisposal Companies



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'" Appendix F: Issues Considered in PCB Disposal Amendments
'" Appendix G: Comparison ofTransformer Reclassification Rules (Existing and Proposed)
'" Appendix H: Data on PCB Releases 

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