Federal PCB Regulations and Enforcement

1. Federal PCB Regulations and Enforcement Jennifer Downey, Enforcement Officer US EPA Region IX, RCRA Enforcement Office

2. How are PCBs regulated at a federal level? • Toxic Substances Control Act (TSCA) • Section 6(e) of TSCA states that no one may manufacture, process, distribute into commerce, or use PCBs  50 ppm in any manner other than a totally enclosed manner unless authorized by the EPA Administrator. • TSCA isn’t delegated to the states. EPA is responsible for all PCB inspections and enforcement. • DTSC regulates PCBs as a hazardous waste (Greater than 2 ppm)

3. Sources of PCBs (pre 1978) • Historical releases. • Electrical Equipment – sometimes you can tell by the name of the equipment, but many tags have been removed • Paint – difficult to tell without sampling • Caulk – difficult to tell without sampling • Ballast – newer ballast will clearly state that it has no PCBs. • Wiring – difficult to tell without sampling • Gaskets – difficult to tell without sampling

4. Electrical Equipment Capacitor Transformer Ballast

5. Key regulations • Legal uses of PCBs – must be enclosed with no leaks. • PCB transformers must be labeled (over 500 ppm) and/or registered. • When PCBs are “taken out of service”, they must be properly disposed (or decontaminated) within a year. • Storage requirements – for over 30 days.

6. Equipment Labels

7. How to legally dispose of PCBs? • Incinerate PCBs (none in pacific southwest) • Landfill (Kettleman City, CA and Beatty, NV) • High efficiency boiler (none in pacific southwest) • Scrap metal recovery ovens and smelters (none in pacific southwest) • Decontamination of PCBs

8. EPA PCB Inspections • Inspect facilities that store, treat, or dispose PCBs (“PCB approved facilities”) • Follow-up on complaints • Sources of complaints • Exception reports from PCB approved facilities • Public and NGOs • State or other parts of EPA

9. Areas of PCB Enforcement Focus • PCB approved facilities • Ships • Follow-up on complaints • Identifying potential companies with large sources of PCBs

10. Recent Cases 1) Earth Protection Services, Inc. - 11/30/2001 - $2,500 2) Exxon Mobil - 08/21/2008 - $2.64 million 3) Global Shipping LLC and Global Marketing Systems, Inc. - 01/29/2009 - $518,500 4) US Ecology (Beatty, Nevada )09/30/2010 - $497,982 (RCRA/TSCA)5) Chemical Waste Management (Kettleman City) 11/29/2010 - $302,100

11. What we need from you! • Information on potential PCB sources • Location • Levels (Sampling is key) • Type of material (soil, equipment, paint, oil) • Does it appear to be a legacy issue or an ongoing issue • Do you know who is responsible for the source of PCBs

12. Hypothetical #1 • Leaking Transformer and sampling of oil finds level at 400 ppm. • Identify owner land and transformer • Information on the transformer. Does it have a PCB label or other labeling? • Photograph transformer and surrounding area. • Interview owner or employees to determine length of spill. • Immediately call EPA.

13. Hypothetical # 2 • Building paint is sampled and found to have 600 ppm • Identify owner • What is color of the paint? Are there a variety of colors on the building? • Photograph building • Interview employees and owner as to knowledge • Call or refer to EPA.

14. Hypothetical # 3 • Soil sampling finds PCB at 48 ppm • Is the source above 50 ppm? • Electrical equipment in use? • Historical use of land? • Can’t determine source? – If we can’t determine if source is above 50 ppm we will refer it to DTSC.

15. Audience Hypothetical? • Questions • Hopefully answers!

16. How to Contact US EPA • PCB Tips go to: Christopher Rollins, RCRA Enforcement Office, US EPA Region IX • Address: 75 Hawthorne Street, San Francisco, CA 94105 • Phone: (415) 947-4166 • Email: rollins.christopher@epa.gov • Technical Issues on Sampling or Corrective action – santos.carmen@epa.gov or rollins.christopher@epa.gov