The U.S. Environmental Protection Agency (EPA) is seeking public comment on a proposal to consider certain polychlorinated biphenyl (PCB)-contaminated building materials as “bulk product waste” instead of “remediation waste” for disposal. (77 Federal Register 12293; Feb. 29, 2012) According to the agency, this proposed reinterpretation has the potential to reduce the costs and time associated with PCB removal and disposal.
AGC will comment on this proposed reinterpretation by the March 30, 2012 deadline. If you would like to share your insight on the potential positive or negative impacts of this proposal, please contact AGC’s Melinda Tomaino at (703) 837-5415 or tomainom@agc.org.
The Toxic Substances Control Act (TSCA) regulations (40 CFR 761) provide disposal and cleanup requirements for PCB-contaminated building materials based on whether the material is classified as PCB bulk product waste or PCB remediation waste. Currently, building materials (i.e., substrate) contaminated by “the migration of PCBs from PCB bulk product waste, such as caulk or paint, is considered a PCB remediation waste.”
The proposed reinterpretation modifies current guidance to allow for disposal of PCB-contaminated building materials with the PCB bulk product still attached as PCB bulk product waste—as long as there is no other source of PCB contamination on or in the substrate. If the building material (substrate) is not “coated or serviced” (e.g., the PCB-containing caulk or paint has been removed from the building material) at the time of disposal and the building material is contaminated with PCBs that have migrated from the bulk product waste (or from another unauthorized disposal), the building material would be considered a PCB remediation waste.
PCB bulk product waste includes “non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs.” This waste include caulk, paint, mastics, sealants, or adhesives containing PCBs at >50 parts per million.PCB remediation waste is defined as “waste containing PCBs as a result of a spill, release, or other unauthorized disposal.” Leaching (migration) may be considered a release of PCBs.
For questions, please contact EPA’s Molly Finn at (703) 347-8785 or orcrpcbs@epamail.epa.gov. The proposed reinterpretation is available through the Federal Register website. To submit comments online, please go to www.regulations.gov and follow the instructions for submitting comments to the docket for EPA-HQ-RCRA-2011-0847.
If you have comments or insight you would like to share with AGC, please contact Melinda Tomaino at (703) 837-5415 or tomainom@agc.org.