New Strategies and DemandsFor Hazardous Materials

Management

Loureiro Engineering Associates, Inc.100 Northwest Drive, Plainville, CTwww.loureiro.com

Overview

� History and Uses� Current Regulatory Perspective� Demands

– Changing Regulatory Perspective– Disposal Requirements

� Strategies– Characterization– Management– Disposal

History

� Late 1920’s - First manufactured by Anniston Ordnance Company, in Anniston, Alabama (later changed to Swann Chemical Company, later acquired by Monsanto)

� 1970 - US production peaked at 85,000,000 pounds � 1976 - Toxic Substances Control Act (TSCA) generally

bans the manufacture, processing, distribution in commerce, and use of PCBs after 1978

� 1977 - EPA issues first set of effluent standards � 1979 - EPA issued final regulations banning the

manufacture of PCBs after a 3-year phase-out period.

History

� 1979 – Present– Production of PCBs in the United States is generally

banned– Use of PCB-containing materials still in service is

restricted– Discharge of PCB-containing effluents is prohibited– Disposal of materials contaminated by PCBs is

regulated– Import or export of PCBs is only permitted through an

exemption granted from EPA

Commonly Understood Uses

� Transformers, Capacitors, Electrical Switches

� Heat Transfer and Hydraulic Fluids

� Cable Insulation� Carbonless Copy Paper� Fluorescent Light Ballasts

Other Uses

� Oil-based paint� Caulk� Plastics � Inks

� Adhesives

Industry Uses (1929-1975)

PCBs in Caulk

� Buildings built or renovated between 1940? and 1978? (literature dates vary)

– PCBs may be present in the caulk used in windows, door frames, masonry columns and other masonry building materials

– PCBs may be present at 100,000 parts per million (ppm) or higher

– PCBs migrate to porous substrates (concrete and brick)

– The link between PCBs in caulk and exposures to PCBs in the air or dust is not well understood.

Caulking

PCBs in Paint

� PCBs were a common additive for water and chemical resistance, durability, and elasticity (chlorinated rubber paint)

� Added to paints at concentrations around 5 to 10 %� Aroclor 1254 –plasticizer of choice for chemical

resistance� Used on

– Furnaces and other high heat environments– Industrial machinery– Masonry walls– Exterior walls (metal and transite panels)

Paint – PCBs >1,000 ppm

Current Regulatory Perspective

� 40 CFR Part 761 - PCBs in Building Materials at ≥50 ppm is not an AUTHORIZED USE (i.e. unpermitted)

� However 40 CFR Part 761 DOES NOTcreate an affirmative obligation to test for the presence of PCBs

� Maintaining PCBs ≥50 ppm in Building Materials Constituents a Violation of TSCA?

Continued

� First – Assume PCBs were manufactured, processed and distributed in accordance with TSCA

� If ≥50 ppm: Prohibited Use– Leave it alone– Test indoor air (building is to remain)– Remove it (renovation or demolition), removal and disposal

is regulated and potentially confusing� If >1 < 50 ppm: Excluded PCB Product

– Use authorization not needed – TSCA does not apply– 40 CFR part 761 does not apply

Remember the Masonry Wall

Caulking≥50 ppm PCBs(PCB Bulk Product Waste if Removed)40 CFR 761.3

Masonry Surface≥1 ppm PCBs (PCB Remediation Waste if Removed)

What is the Difference?

� The Caulk is considered the PCB containing product

� The Wall was impacted by the release/spill/unauthorized use of the PCB containing product

� Same applies for Paint – it is a PCB containing product

A Potential Change

� February 29, 2012 – Federal Register – EPA Seeks Comments to proposed reinterpretation - PCB bulk product and PCB remediation waste

� PCB bulk product waste : non liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs….

� PCB remediation waste: waste containing PCBs as a result of a spill, release, or other unauthorized disposal….leaching may be considered a release of PCBs

The Proposed Change

� A building material (i.e., substrate) “coated or serviced ’’ with PCB bulk product waste(e.g., caulk, paint, mastics, sealants) at the time of disposal to be managed as a PCB bulk product waste

� Results in:– Potential acceleration of removal– Elimination of multiple disposal streams during

renovation/demolition

Disposal Requirements

� 2 Categories of Waste – PCB Bulk Product Waste and PCB Remediation Waste

� Remember:– PCB bulk product waste: non liquid bulk wastes or debris from

the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs….

– PCB remediation waste: waste containing PCBs as a result of a spill, release, or other unauthorized disposal….leaching may be considered a release of PCBs

� So:– PCB-containing Caulk and PCB Containing Paint are considered

PCB bulk product waste if the concentration of PCBs in either is >50 ppm

– The substrate is a PCB remediation waste if it contains PCBs at >1 ppm

PCB Bulk Product Waste Disposal Requirements

� 40 CFR § 761.62 – Performance-based disposal: Disposal in a TSCA incinerator,

a TSCA chemical waste landfill, a RCRA hazardous waste landfill, under a TSCA approved alternate disposal method, under the TSCA regulated decontamination procedures; or in a facility with a coordinated approval issued under TSCA. Does notrequire approval from EPA.

– Disposal in solid waste landfills: Certain PCB bulk product waste (caulk) may be disposed of in non-hazardous waste landfills permitted by States. Does not require approval from EPA, but does require notification of the landfill prior to the first shipment.

– Risk-based option: The risk-based option allows for a site-specific, risk-based evaluation of an alternative disposal method. Requires approval from EPA based on a finding that the disposal will not present an unreasonable risk of injury to health or theenvironment.

PCB Remediation Waste Disposal Requirements

� 40 CFR § 761.61 – Self-implementing cleanup and disposal: Disposal

requirements for the self-implementing regulatory option vary based, among other things, on the type of contaminated material and concentration of PCBs in the materials. Requires notification to Regional PCB Coordinator, does not require EPA approval.

– Performance-based disposal: Disposal in a TSCA incinerator, a TSCA chemical waste landfill, a RCRA hazardous waste landfill, under a TSCA approved alternate disposal method, under the TSCA regulated decontamination procedures; or in a facility with a coordinated approval issued under TSCA. Does notrequire approval from EPA.

– Risk-based cleanup and disposal: The risk-based option allows for a site-specific, risk-based evaluation of an alternative disposal method. Requires approval from EPA based on a finding that the disposal will not present an unreasonable risk of injury to health or the environment.

Characterization Strategies

� Sampling - Gather Representative Data– Caulk and paint – potential PCB bulk products– Sills, jambs, underlayment, siding – potential PCB

remediation wastes� Integrate with HBM survey� Integrate removal with renovation/demolition

– Demolition – segregate assemblies rather than separate (painted masonry)

– Renovation – remove window, sill, jamb versus sash replacement

� Watch for developments on reinterpretation

Management StrategiesPaints and Caulk

� Removal– Media blast (beads, water, sand, etc.)– Chemical stripping– Scarification

� Encapsulation– Caulk: Bond breaker tape and silicone caulk– Porous Surfaces: Epoxy Paint– Wall assemblies: False walls

Disposal of PCB Wastes

� Disposal market is fluid� No Disposal Facilities in CT or MA� Disposal Costs

– PCB Bulk Product Waste ± 50% PCB Remediation Waste

� Transportation Costs are most significant� Cost benefit analysis

– Removal of Bulk Product and Segregated Disposal

– Disposal of Assembly

Questions

Resources

� http://www.epa.gov/epawaste/hazard/tsd/pcbs/index.htm– EPA Main Page on PCBs

� http://www.epa.gov/pcbsincaulk/– EPA compendium on matters related to PCBs in caulk

� http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/caulk/caulkdisposal.htm

– EPA site discussing disposal options for PCB waste� http://www.ct.gov/dep/cwp/view.asp?a=2710&q=324254&depNav_GID

=1638– CT DEEP Main Page on PCBs

� http://www.campuserc.org/resources/EHSguide/TSCA/Pages/PCBDisposal.aspx

– Disposal options reference� http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/stordisp.htm

– Commercially permitted PCB disposal facilities