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. Currently, 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.
For more information on PCBs, including cleanup requirements, sources of PCBs, and EPA resources and future rule-making, please click here or contact Leah Pilconis at pilconisl@agc.org.
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. Currently, 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.
For more information on PCBs, including cleanup requirements, sources of PCBs, and EPA resources and future rule-making, please click here or contact Leah Pilconis at pilconisl@agc.org.