EPA Reassessing Authorizations for PCB Use and Distribution in Commerce

More than 30 years have passed since the U.S. Environmental Protection Agency (EPA) issued its initial set of regulations on the use and distribution in commerce of polychlorinated biphenyls (PCBs) and PCB items. Now with three decades of experience and information on PCBs and PCB items, EPA has decided to exercise its authority under the Toxic Substances Control Act (TSCA) and reassess the regulations governing PCB use authorizations and distribution in commerce.

On April 7, 2010, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) announcing its intent to reevaluate the TSCA PCB use and distribution in commerce regulations. 75 Fed. Reg. 17645. EPA is targeting the following broad regulatory issues for review:

• The use, distribution in commerce, marking, and storage for reuse of liquid PCBs in electric and non-electric equipment;
   
• The use of the 50 parts per million (ppm) level for excluded PCB products;
   
• The use of non-liquid PCBs;
   
• The use and distribution in commerce of PCBs in porous surfaces;
   
• The marking of PCB articles in use; and
   
• The definitions of “excluded manufacturing process,” “quantifiable level/level of detection,” and “recycled PCBs.”

Several concerns are driving EPA’s decision to undertake this reassessment effort. The primary concern appears to be aging equipment and spills. EPA believes that most of the PCB-containing equipment in the United States is nearing the end of its expected useful life, and thus may be more prone to failure and spills. The ANPRM cites several incidences of PCBs being released from aging equipment. EPA also cites updated health and environmental effects data on PCBs that EPA believes warrant a reassessment of the PCB standards. In addition, EPA states that it is seeking to harmonize the PCB use and distribution in commerce authorizations with those in effect in other countries.

TSCA Section 6(e)(2)(A) banned the manufacture of PCBs after January 1, 1978. TSCA Section 6(e)(2)(B) authorized EPA to issue regulations allowing the use and distribution in commerce of PCBs in a manner other than in a totally enclosed manner if EPA found that such use and distribution would not present an unreasonable risk of injury to human health or the environment. EPA’s current “use authorizations” for PCB equipment are codified at 40 C.F.R. § 761.30. Under these standards, the following liquid-filled PCB equipment is authorized for use in a non-totally enclosed manner:

• Electrical transformers
   
• Railroad transformers
   
• Mining equipment
   
• Heat transfer systems
   
• Hydraulic systems
   
• Electromagnets
   
• Switches
   
• Voltage regulators
   
• Electrical capacitors
   
• Circuit breakers
   
• Reclosers
   
• Liquid-filled cable
   
• Rectifiers

Servicing of the following liquid-filled equipment is also authorized under these regulations:

• Electrical transformers
   
• Railroad transformers
   
• Electromagnets
   
• Switches
   
• Voltage regulators
   
• Circuit breakers
   
• Reclosers
   
• Liquid-filled cable
   
• Rectifiers

In addition, liquid PCBs are authorized for use if they are a contaminant in natural gas pipeline systems, contaminated natural gas pipe and appurtenances, and other gas or liquid transmission systems.

The ANPRM makes clear that EPA likely will eliminate the PCB use authorizations. EPA advances two options for consideration. The first would phase out the authorizations gradually, allowing some uses to continue (but under additional restrictions) before the end of the use authorization. The ANPRM states that EPA is considering several regulatory measures to eliminate gradually the use restrictions. These include:

• Require testing of equipment which is stored for reuse or removed from service for any reason, and which is assumed to contain PCBs at concentrations ≥50 ppm.
   
• Require that where such equipment is found to contain PCBs at concentrations ≥50 ppm after testing, within 30 days of receiving the test results the owner must either reclassify the equipment to <50 ppm PCBs or designate it for disposal.
   
• Eliminate all currently authorized PCB equipment servicing except for reclassification.
   
• Require marking of all equipment which is known or assumed (in accordance with § 761.2) to contain PCBs at ≥50 ppm.
   
• Increase the inspection frequency to a minimum of once every month for non-leaking known or assumed ≥500 ppm PCB equipment in use.
   
• Before the final phase-out date(s), broaden the prohibition on the use of PCBs in transformers that pose an exposure risk to food or feed to include use of PCB-contaminated transformers.
   
• Broaden the definition of PCB article to include all equipment containing >0.05 liters (approximately 1.7 fluid ounces) of dielectric fluid with ≥50 ppm PCBs, in place of the current definition, which regulates transformers and capacitors containing ≥3 pounds of dielectric fluid.
   
• Require registration of PCB large capacitors containing a specified volume of dielectric fluid or having a specified external volume or dimensions.
   
• Eliminate the authorization for storage of PCB equipment for reuse.
   
• Eliminate the use authorization for PCBs in carbonless copy paper.
   
• Eliminate totally enclosed determination for distribution in commerce.
   
• Require reporting/notification to EPA Regional Administrators when PCBs are found in any pipeline system, regardless of the source of PCBs or the owner of the pipeline.

In the second option, EPA would completely eliminate PCB equipment from service. EPA identifies in the ANPRM the potential time frames for completing the removal of PCB equipment from service. These measures would phase out all PCB electrical equipment uses with interim deadlines by equipment concentration and type. Three options are advanced by EPA in the ANPRM:

• By 2015, eliminate all use of askarel equipment (≥100,000 ppm PCBs), removing from service the equipment in high potential exposure areas first. EPA is considering allowing exceptions on a case-by-case basis based on hardship and no unreasonable risk.
   
• By 2020, eliminate all use of oil-filled PCB equipment (≥500 ppm) and the authorization for use of PCBs at ≥50 ppm in pipeline systems.
   
• By 2025, eliminate all use of any PCB contaminated equipment (≥50 ppm), which is still authorized for use.

Comments on the ANPRM must be submitted to EPA by July 6, 2010.