The U.S. Environmental Protection Agency (EPA) released new "guidance" materials on the practices a contractor "should" follow when conducting the renovation, repair and/or abatement of buildings that have polychlorinated biphenyl (PCB)-containing caulk. Contractors responsible for such activities also must clearly understand the
regulatory requirements, and are encouraged to consult the EPA or environmental professionals experienced with PCB cleanup activities.
EPA has learned that caulk containing PCBs was used in many buildings, including schools, during building construction, renovation or repair from the 1950s through the late 1970s. PCBs are regulated under the Toxic Substances Control Act (TSCA), which gives EPA the authority to develop, implement and enforce rules concerning the use, manufacture, cleanup and disposal of PCBs. Note that EPA does not address worker health and safety or workplace exposure; such matters are regulated by the
Occupational Safety and Health Administration (OSHA).
The PCB regulations (40 CFR Part 302 and Part 761 can be found at
http://ecfr.gpoaccess.gov under "Title 40 - Protection of the Environment") define the "generator" as being responsible managing PCB wastes. The "generator" is considered the party that owns the material.
For most construction projects, multiple parties will be involved; all may be liable if the PCB-related requirements are not followed. In a typical construction project, PCB wastes are generated in one of two ways: (1) PCB-contaminated soils and materials are discovered during grading or digging (i.e., remediation wastes) or (2) PCB-contaminated buildings or equipment are discovered during remodeling or demolition. The general requirements for managing PCB materials and equipment identified on site prior to construction consist of: identifying and labeling the material, notifying EPA, properly removing and storing the material, and properly transporting and disposing of the material.
Cleanup Requirements -- Caulk
All PCB-containing caulk (or caulk-coated building material) containing PCBs at concentrations
> 50 ppm is not authorized for use and must be removed and disposed of according to EPA requirements, unless otherwise approved by EPA under a risk-based disposal approval issued under 40 CFR § 761.62(c). (Caulk containing PCBs at levels < 50 ppm may remain in place.)
When disposed, the contaminated caulk and any materials that are coated with PCB-containing caulk must be managed as
PCB bulk product waste, defined at 40 CFR § 761.3. Regulations governing the cleanup and disposal of
PCB bulk product waste are provided at 40 CFR § 761.62. Other building materials that have been contaminated by
> 50 ppm PCB-containing caulk, such as through leaching of PCBs, as well as any soils contaminated with PCBs from the caulk also must be cleaned up. These materials must be treated as
PCB remediation waste, defined at 40 CFR § 761.3. Regulations governing the cleanup and disposal of
PCB remediation waste are provided at 40 CFR 761.61. The requirements in this section vary depending on, among other things, the type of building material that contains the PCBs (i.e., porous or non-porous) and the potential exposure levels remaining after cleanup is completed.
The most likely sources of PCBs at construction sites are:
- Mineral-oil filled electrical equipment such as motors or pumps manufactured prior to July 2, 1979;
- Capacitors or transformers manufactured prior to July 2, 1979;
- Plastics, molded rubber parts, applied dried paints, coatings or sealants, caulking, adhesives, paper, Galbestos, sound-deadening materials, insulation or felt or fabric products such as gaskets manufactured prior to July 2, 1979;
- Fluorescent light ballasts manufactured prior to July 2, 1979;
- Waste or debris from the demolition of buildings and equipment manufactured, serviced or coated with PCBs; and
- Waste containing PCBs from spills, such as floors or walls contaminated by a leaking transformer.
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EPA Research and Future Rulemaking
EPA is conducting research on how the public is exposed to PCBs in caulk and on the best approaches for reducing exposure and potential risks associated with PCBs in caulk.
Earlier this year, EPA published an
Advanced Notice of Proposed Rulemaking (ANPRM) that proposes measures to more strictly regulate PCBs and accelerate the phase-out of PCB equipment and other uses that are currently authorized. The ANPRM addresses the emerging issue of PCBs in caulk, as well as PCBs discovered in paint, mastic and other unusual places. PCBs have been found in exterior caulk in university buildings in the Northeast and Midwest and in secondary school buildings in New York City. While the health and environmental risks of PCB-containing caulk are not clear, a building cleanup can easily exceed $100,000. Because of the difficulty and cost of immediate removal, some institutions have instead negotiated consent agreements with EPA.
Resources
EPA's website includes information on:
- Facts about PCBs in Caulk - Provides basic information on PCBs and how to identify PCB-containing materials, primarily caulk.
- Steps to Safe Renovation and Repair Activities - Provides guidance on safe work practices during renovation or repair projects in older buildings where PCB-containing caulk and PCB-contaminated surrounding materials could be encountered.
- How to Test for PCBs and Characterize Suspect Materials - Discusses building characterization and sampling procedures to identify PCBs and determine the extent of contamination.
- Steps to Safe PCB Abatement Activities - Provides information on steps that should be considered for projects intended to remove and dispose of known or suspected PCB-containing caulk (i.e., PCB abatement activities).
- Summary of Suggested Tools and Methods for Caulk Removal - Describes tools for removal, advantages and disadvantages and protective measures to consider in table format.
For further information on cleanup and removal of PCB caulk, contact EPA's PCBs in Caulk hotline at 888-835-5372 or the
PCB coordinator for your state. EPA's PCB Penalty Policy is online at
http://www.epa.gov/compliance/resources/policies/civil/tsca/pcbpen.pdf.
For more information, contact Leah Pilconis at pilconisl@agc.org.