Energy and Environment MonitorUnder an advance notice of proposed rulemaking (ANPRM) dated April 7, 2010, the USEPA is now accepting comments through July 6, 2010 for the use and distribution in commerce of polychlorinated biphenyls (PCBs) and PCB Items and certain other areas of the regulations under the Toxic Substances Control Act (TSCA). Specifically, USEPA is reassessing its TSCA PCB use and distribution in commerce regulations to address the following:
1) The use, distribution in commerce, marking and storage for reuse of liquid PCBs in electric and non-electric equipment.
2) The use of the 50 ppm level for excluded PCB products.
3) The use of non-liquid PCBs.
4) The use and distribution in commerce of PCBs in porous surfaces.
5) Marking of PCB articles in use.
USEPA is also reassessing the definitions of “excluded manufacturing process,” quantifiable level/level of detection,” and “recycled PCBs.”
TSCA became effective on January 1, 1977 and generally prohibited the manufacture, processing, distribution in commerce, and use of PCBs. USEPA published the first regulations addressing the use of equipment containing PCBs on May 31, 1979 (44 FR 31514). In a follow up proposed rule for the PCB use authorizations on June 7, 1978 (43 FR 24801), USEPA proposed to authorize non-totally enclosed PCB use activities five years after the effective date of the Final Rule. USEPA states that this ANPRM is intended to undertake this PCB use activity examination. Since the late 1970s, the USEPA believes there have been many changes in the industrial sectors that use PCB containing equipment and USEPA believes that the “balance of risks and benefits from the continued use of remaining equipment containing PCBs may have changed enough to consider amending the current regulations.”
Under 40 CRF 761.30, a broad range of liquid-filled PCB equipment is currently authorized for use in a non-totally enclosed manner, including: electrical transformers, railroad transformers, mining equipment, and various types of electrical equipment. In addition, a broad range of such types of equipment may be serviced. Furthermore, liquid PCBs are authorized for use where they are a contaminant in the following equipment:
· Natural gas pipeline systems.
· Contaminated natural gas pipe and appurtenances.
· Other gas or liquid transmission systems.
Under this ANPRM, USEPA is considering a number of regulatory measures that would phase out all PCB electrical equipment uses with interim deadlines by equipment concentration and type, as follows:
· 2015. Eliminate all use of Askarel equipment (>100,000 ppm PCBs). USEPA is considering allowing exceptions on a case-by-case basis.
· 2020. Eliminate all uses of oil-filled PCB equipment (>500 ppm PCBs) and the authorization for use of PCBs at ≥50 ppm in pipeline systems.
· 2025. Eliminate all use of any PCB contaminated equipment (≥50 ppm), which is still authorized for use.
In this ANPRM, the USEPA states that there are no use authorizations for non-liquid PCB-containing products if they contain PCBs at concentrations ≥50 ppm, including but not limited to adhesives, caulk, coatings, grease, paint, rubber or plastic electrical insulation, gaskets, sealants, and waxes. Therefore, as per the ANPRM, the USEPA is soliciting public comment on both the liquid and non-liquid PCB use authorizations that will be permitted in the future under TSCA.
The ANPRM is available at http://yosemite.epa.gov/opei/RuleGate.nsf/byRIN/2070-AJe8 for review. The Office of Management and Budget completed its review of the ANPRM on February 1, 2010, and the ANPRM was published in the Federal Register on April 7, 2010. USEPA has scheduled four public meetings to obtain input on the ANPRM on the following dates and locations:
· May 4, 2010. New York City, New York.
· May 18, 2010. Chicago, Illinois.
· May 25, 2010. Atlanta, Georgia.
· May 27, 2010. Washington, D.C.
Additional information regarding the time and locations for the public meetings is available at http://www.epa.gov/epawaste/hazard/tsd/pcbs/publicmeetings.htm. The public comment period will end on July 6, 2010. Comments on the ANPRM can be submitted to the USEPA vial mail or hand-delivery, or on-line at http://www.regulations.gov.
This article was authored by Greg Tieman, Acacia Environmental Group LLC. For more information on the author see here.
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