PCB Disposal Permitting Process at ORCR - Part 1

1. PCB Disposal Permitting Process at ORCR - Part 1 Winston Lue July 21, 2016

2. Presentation in Two Parts • Part 1: General Background, Policies, Procedures and Regulations, the Approval Process – today. • Part 2: Technologies that work (or do not work) – near future. • Can you hold questions until the end of the presentation?

3. Mosquitoes –State Bird of Alaska!

4. TSCA The Toxic Substance Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. TSCA Reauthorized on May 24, 2016 • Frank R. Lautenberg Chemical Safety for the 21st Century Act • This bill amends the Toxic Substances Control Act (TSCA) to revise the process and requirements for evaluating and determining whether regulatory control of a chemical is warranted.

5. TSCA Section 6(e) • The control actions EPA can take under TSCA are comprehensive and cover the manufacture, use, processing, distribution in commerce, and disposal of chemical substances and mixtures.  •  Six chemical substances receive special attention under TSCA: • PCBs • asbestos • radon • lead • mercury, and • formaldehyde • PCBs: Congress singled out PCBs in 1976 by implementing a phased ban on the manufacture, processing, use and distribution in commerce of PCBs and requiring EPA to promulgate PCB disposal regulations. 

6. Section 6(e) of TSCA Reauthorized • Within a year after enactment of this bill, the EPA must establish a risk-based screening process and criteria for identifying existing chemicals that are a high or low priority for a safety assessment and safety determination. • Within 180 days after enactment, the EPA must publish an initial list of high- and low- priority chemicals. The list must contain at least 10 high-priority chemicals as well as 10 low-priority chemicals • Too early to tell how this will affect the PCB program. • PCB program may be unaffected.

7. What are PCBs (Polychlorinated Biphenyls)? Can be classified as Arochlors Homologues Congeners

8. PCB Synonyms and Trade Names Aroclor Chlorextol Chlorphen Clophen Fenclor Inerteen Kanechlor Phenoclor Pyralene Pyranol Pyrochlor Santotherm Sovol Sovtol Askarel

9. What are the Physical Properties of PCBs? Colorless Odorless Low vapor pressure Viscous liquid or solid Low electrical conductivity

10. What are the Uses of PCBs? Heat transfer fluid Dielectric fluid Hydraulic fluid Microscopy (mounting media & immersion oil) Plasticizer Vacuum pump fluid Gaskets & Damping felt Cutting oils Lubricants

11. What are the Uses of PCBs? (continued) Construction materials Adhesives Carbonless copy paper Dedusting Agents Electric cable insulation Fuel tank coatings Inks and paint pigments Pesticide extenders Casting Wax

12. What are the Chemical Properties of PCBs? Oil & PCB Water Lipophilic Flame retardant Stable to aging Technical grade mixtures

13. Clx Cly How are PCBs and Dioxins Related? Cl Cl O O Cl Cl PCB 2,3,7,8-tetrachlorodibenzo-p-dioxin Chemical structural similarity Dioxin-like PCBs or Coplanar PCBs (CPCBs) are similar to dioxins Preliminary test data indicate correlation between chemical structure and toxicity Products of Incomplete Combustion (PICs) of PCBs Dioxins Dioxin-like chlorinated polycyclic aromatic hydrocarbons (PAHs) Presence of dioxins or dioxin-like chlorinated PAHs results in risk regardless of route of formation

14. Why Did Congress Ban PCBs? • Immediate Degradation (e.g., fatty acids) • Acclimation Period followed by degradation [e. g., pyrazon (pesticide)] • Recalcitrance (e.g., organochlorinated chemicals) 1.PCBs are ubiquitous in the environment Persistent in the environment Bioaccumulation & bioconcentration effects Found in virtually all human fatty tissue samples Humans: 2.3 µg/g (ppm) Human breast milk: 1.2 µg/g (ppm)

15. Why Did Congress Ban PCBs? (cont’d) • 2. PCBs are adverse to environment and health • Carcinogenic in rats & mice • Harmful to fish & wildlife • Poisonous in human foodstuffs (Yusho Incident)

16. Approval Authorities • ORCR: mobile units, transportable technologies, and non-unique fixed site facilities • Regional Administrator: unique fixed site facilities • Cannot be delegated to the States

17. History • 1978 regulations included the performance requirements for the approval of incineration high efficiency boilers and chemical waste landfills. These have not been revised • 1983 regulations split approval authorities between the HQ and the Regions. • 1998 regulations provided for risk-based approvals, coordinated approvals, scrap metal recovery ovens, and self-implementing procedures for activities which previously required approvals aka ‘MegaRule’.

18. ‘One Umbrella’ Policy for Cleanup • Have Superfund, RCRA and PCB Cleanup in one Office. • In 2007, the PCB cleanup and disposal program was transfered to OSWER and PCB program in Regions transferred to the RCRA program

19. PCBs and RCRA Were Not a Perfect Fit • ORCR considered incorporating the PCB disposal regulation in 2008 into RCRA regulations. It would be too expensive.

20. 40 CFR 761.60(e) • Permits are called Approvals under TSCA • Any person who is required to incinerate any PCBs and PCB items under this subpart and who can demonstrate that an alternative method of destroying PCBs and PCB items exists and that this alternative method can achieve a level of performance equivalent to an incinerator approved under§ 761.70 or a high efficiency boiler operating in compliance with § 761.71, must submit a written request to the Regional Administrator or the Director, Office of Resource Conservation and Recovery, for a waiver from the incineration requirements of § 761.70 or § 761.71.

21. 40 CFR 761.60(e) (cont’d) • Omnibus Authority under TSCA: The applicant must show that his or her method of destroying PCBs will not present an unreasonable risk of injury to health or the environment. • Can add more requirements to approval because of omnibus authority.

22. Approval Process • Guidance • History of the “Guidance Package” • Thermal • Non-thermal • Review process • Technical • Administrative

23. Guidance Package Sent to Approval Applicant • 40 CFR 761 • Regional Contacts • Draft Guidelines for Permit Applications and Demonstration Test Plans for PCB Incinerators - May 28, 1986 or • Draft Guidelines for Permit Applications and Demonstration Test Plans for PCB Disposal by Non-Thermal Methods - August 21, 1986 • Additional Handouts

24. Guidance Documents • Draft Guidelines for Permit Applications and Demonstration Test Plans for PCB Incinerators - May 28, 1986 • Draft Guidelines for Permit Applications and Demonstration Test Plans for PCB Disposal by Non-Thermal Methods -August 21, 1986 Consolidated and updated into: • Guidelines for Permit Applications and Demonstration Test Plans for PCB Disposal by Non-Thermal Alternative Methods, Thermal Alternative Methods, and Incineration - September 2007 (aka Permit Applicant Guidance Package)

25. Technical Review of the Permit Application and Demonstration Test Plan • Use guidance package (checklists) • Will the process work? • Will it meet the criteria of six 9s (99.9999%) Destruction, Removal Efficiency (DREs) and/or will the process residues be < 2 ppm? • Will it pose an unreasonable risk? • Will it produce an end product more toxic or hazardous than PCBs? (engineering controls vs. PPE Personal Protective Equipment if operating approval)

26. Technical Review of the Operating Approval and Demonstration Test Plan • Is it a totally enclosed process? • Is it ex-situ or in-situ? • Was this process ever demonstrated and witnessed by another EPA office (PCB Regional Office, RCRA or the Superfund Program)?

27. Thermal vs. Non-thermal • Anything that required heat and involves desorption and combustion is considered thermal • Temperature that would at least cause thermal desorption • Non thermal - opposite of thermal

28. Major Administrative Steps in the Operating Permit Process • Establish Communications with EPA Permit writer • Meeting at ORCR • Submit Complete Operating Permit Application to EPA and Submit Complete Demonstration Test Plan to EPA • EPA Review and Approval • EPA issues Demonstration Test Approval

29. Major Administrative Steps in the Operating Permit Process (cont’d) • Conducts demonstration test • Submit demonstration test report to EPA • Submit financial assurance, closure and post closure plan to EPA • EPA review and approval • EPA issues operating approval

30. Establish Communications with EPA Approval Writer Submit Complete Operating Approval Application to EPA Submit Complete Trial Burn/Demo Test Plan to EPA EPA Review, Deficiencies Identified/Communicated EPA Issues Trial Burn/Demo Test Approval Conduct Trial Burn/Demo Test Submit Trial Burn/Demo Test Report to EPA EPA Review, Deficiencies Identified/Communicated EPA Issues Operating Approval

31. The Role of R&D in a 60 (e) Approval • Lab bench scale • Pilot study • Operation scale

32. Scaleup: Cornish Hen vs. Turkey Illustration

33. Bench Scale

34. Pilot Scale

35. Mobile Unit

36. The Role of R&D in a 60 (e) Approval Self-implementing 60(j) - Lab bench scale • Notify RA, state and local authorities 30 days before R&D commence • Amount and type of material, technology, duration of PCB R&D activity • Other requirements in 60(j)

37. Approval Conditions • Permanent vs. Mobile Operations • Agency Approvals or Permits • Technical Specifications, i.e. Operating Conditions • Feedstock Quality and Restrictions • Process Decommissioning and adding more units • Process Waste Restrictions

38. Approval Conditions (cont’d) • PCB releases • Safety and Health • Facility Security • Reporting Requirements • Personnel Training • Transport of Equipment and Wastes • Financial Assurance, Closure and Post closure

39. Approval Conditions (cont’d) • Approval Expiration Date • Compliance with 40 CFR 761 • 30 Days Notification • Previous Approvals

40. TSCA Standards and Policies for Disposal Approvals • Does not pose an unreasonable risk of injury to health or the environment • Standards equivalent to 99.9999% DRE • < 2 ppm in residual • < 3 ppb in process water, then disposed to POTW • <0.5 ppb in process water, unrestricted use • Pass three runs at <2 ppm residuals and six ‘9s’ if applicable

41. Role of Confidential Business Information (CBI) • Follow TSCA CBI procedures • Careful how technical information is worded in the operating approval without revealing confidential business information

42. Sampling and Analysis

43. Sampling Media • Air • Water • Solids including sediments, sludges • Waste oils

44. Sampling (cont’d) Types of samples • Wipe sampling • Grabs • Composites Samples must be REPRESENTATIVE!!

45. Wipe Sampling • Hexane • Gauze pads • 10 by 10 sq cm templates • Disposable gloves • Info: micrograms per 100 cm2

46. Stack Sampling for Air Emissions • Methods 1-5, 40 CFR 60 Appendix • Method 0010 Modified Method 5 • Method 0023A Dioxins and Dibenzofurans • Method 0030 Volatile Organic Sampling Train • Method 0050 HCl/Cl2 Sampling Train • Method 3A-CEMS Continuous Emission Monitoring System

47. Stack Sampling

48. Modified Method 5

49. Analysis The PCB regulation is silent on analytical methods. SW-846 Extraction methods: 3500, 3540, etc… Analytical Methods: 8082 - Polychlorinated Biphenyls (PCBs) by Gas Chromatography (Arochlors) 1668 - Polychlorinated Biphenyls (PCBs) -Homologs 8280 - The Analysis of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans by High Resolution Gas Chromatography/Low Resolution Mass Spectrometry (HRGC/LRMS) (congeners and homologs)

50. Field Demonstration • Must have HAZWOPER training for field work • Contractor to send sample kit, FedEx papers, contractor may assist • Split sample taken • QA samples in field • Chain of custody • Must have PPE on site.