INFORMATIONAL ADVISORY REGARDING PCBs PRESENT IN SEALANTS AND PAINTS IN OLDER BUILDINGS
Caulking around window containing PCBs
During repair and restoration work after flood events, such as the damages caused by Hurricane Irene and Superstorm Sandy, the workers had to deal with older sealants (pre 1979) installed around doors, windows, chimneys, etc. In the projects where we were involved, we advised the insureds of the potential presence of PCBs in the sealants and roofing materials in the older buildings. The old fluorescent light balasts are also a source of PCBs. PCBs have been detected in caulk in buildings, including schools, with concentrations ranging from as low as 50 ppm to as high as 440,000 ppm. In many cases, PCBs were used in caulk with a concentration as high as 30%. We provide this industry-wide informative advisory regarding the potential for sealants located in exterior walls of buildings to contain polychlorinated biphenyls (PCBs) at levels that warrant certain measures.
A. BACKGROUND
PCBs were a common additive to sealants because of their water and chemical resistance, durability, and elasticity. PCBs were added as a plasticizer in sealants used primarily to seal joints between masonry units and around windows. Other areas where PCBs have been found include:
Building Materials
• Caulking, Paints, Sealants used in waterproofing, anti-fouling, and as fire retardants
• Roofing Materials
• Expansion Joints
• Adhesives
Industrial Applications
• Capacitors, Transformers
• Fluorescent Ballasts
• Machinery, Furnaces
• Masonry Walls
Sealants containing PCBs were employed in some buildings, including schools, primarily between 1950 and 1980. PCBs were also used in other building materials such as paints, mastics, adhesives, and specialty coatings. Although the use of sealants containing PCBs has long since been prohibited, these types of sealants may still be present in existing buildings where new sealants were applied over the top of the existing sealant or where general lack of long-term maintenance has not addressed the existing conditions.
PCBs belong to a broad family of man-made organic chemicals known as chlorinated hydrocarbons. Due to their nonflammability, chemical stability, high boiling point, and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications, including electrical, heat transfer, and hydraulic equipment; and as plasticizers in paints, plastics, rubber products, and building caulk. PCBs were manufactured domestically starting in 1929, until they were banned from manufacture in 1979.
Exposure to PCBs can cause a variety of adverse health effects in animals and humans. In animal studies, PCBs have been shown to cause cancer as well as serious noncancer health effects. In humans, PCBs are potentially cancer-causing and can cause other noncancer effects, including immune system suppression, liver damage, endocrine disruption, and damage to the reproductive and nervous systems.
PCB-containing mastic used to seal the front and back shields
B. RISKS
The potential risks identified by the U.S. Environmental Protection Agency (EPA) include touching or inhaling dust produced from a deteriorating PCB-containing sealant. Potential exposure may also occur by individuals who practice maintenance and/or repairs on buildings that involve the routine replacement of building sealants. The EPA also indicates that PCBs may leach into building materials such as wood, masonry, etc. that are in direct contact with the PCB-containing sealant.
C. DISCUSSION
Renovation or restoration projects on existing buildings often include the replacement of deteriorated sealants in joints located on the exterior skin of the building. The designers and contractors involved in such projects should be aware of the potential for PCBs in existing sealants, as disturbance of these sealants may result in contamination of adjacent interior and exterior areas. At this time, the EPA has not required widespread sampling and testing of public and commercial buildings. The EPA has, however, established guidelines for testing of sealants and testing of interior air for PCBs. These guidelines can be found online at http://www.epa.gov/pcbsincaulk/guide/guide-sect3.htm.
Since PCB release can result in public health hazards, it is recommended that owners, contractors, and designers involved in renovation projects on older buildings retain qualified hazardous materials consultants to determine the presence of PCBs in sealants and to develop an appropriate remediation response. Not only should the actual sealant be tested for PCBs, but adjacent building materials (e.g., brick, cinder block, or wood) should also be tested, as PCBs in sealant can migrate into surrounding material.
For determining the presence of PCBs in indoor air, EPA has two approved methods: Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air – Compendium Method TO-4A (high-air volume) and Compendium Method TO-10A (low-air volume).
D. ISSUES
The possible issues to consider include the following:
· Potential for worker and public exposure to PCBs as the result of disturbance of the sealant
· Potential for PCB contamination of interior and exterior areas adjacent to subject work areas
· Potential for PCB contamination of surrounding building materials
EPA Advisory: PCBs in Caulk in Older Buildings
Overview
In recent years, EPA has learned that caulk containing potentially harmful polychlorinated biphenyls (PCBs) was used in many buildings, including schools, in the 1950s through the 1970s. Most schools and buildings built after 1979 do not contain PCBs in caulk. On September 25, 2009, EPA announced new guidance for school administrators and building managers with important information about managing PCBs in caulk and tools to help minimize possible exposure. Through EPA PCB Regional Coordinators, the Agency will also assist communities in identifying potential problems and, if necessary, developing plans for PCB testing and removal.
For more information:
· PCBs in Caulk Fact Sheet (PDF) (2 pp, 26 KB)
· PCBs In Caulk Frequent Questions (PDF) (14 pp, 101 KB)
The EPA is conducting research to address several unresolved scientific questions that must be better understood to assess the magnitude of the problem of PCBs in caulk and identify the best long-term solutions. For example, the link between the concentrations of PCBs in caulk and PCBs in the air or dust is not well understood. The Agency is doing research to determine the sources and levels of PCBs in schools and to evaluate different strategies to reduce exposures. The results of this research will be used to provide further guidance to schools and building owners as they develop and implement long-term solutions. Read more about Research on PCBs in Caulk.
EPA has calculated prudent public health levels that maintain PCB exposures below the “reference dose” – the amount of PCB exposure that EPA does not believe will cause harm. Read Public Health Levels for PCBs in Indoor School Air || PDF version (2 pp, 14 KB)
Background
Caulk is a flexible material used to seal gaps to make windows, door frames, masonry and joints in buildings and other structures watertight or airtight. At one time caulk was manufactured to contain PCBs because PCBs imparted flexibility.
First Step: Take Steps to Minimize Exposure
Although this is a serious issue, the potential presence of PCBs in schools and buildings should not be a cause for alarm. If your school or building was built or renovated between 1950 and 1979, there are several steps schools can take to reduce potential exposure until it can be determined with certainty if PCBs are present in caulk used in the building and any contaminated caulk can be removed. One of the most important steps is to minimize the potential for PCBs to be present in the indoor air. Indoor air levels of PCBs within a school can be reduced by ensuring that the ventilation system is operating as designed, and to repair or improve the system if it is not.
Many old lighting systems contain ballasts manufactured with PCBs. These PCBs can get into the air if the ballast fails or ruptures. Replacement of old lighting systems with new, energy efficient systems will eliminate a potential source of PCBs.
Other steps include:
· Clean frequently to reduce dust and residue inside buildings.
· Use a wet or damp cloth or mop to clean surfaces.
· Use vacuums with high-efficiency particulate air (HEPA) filters.
· Do not sweep with dry brooms; minimize the use of dusters.
· Wash children's hands with soap and water often, particularly before eating.
· Wash children's toys often.
· Wash hands with soap and water after cleaning, and before eating or drinking.
EPA also has developed an informational brochure to provide the general public with important information on PCBs in building caulk, Preventing Exposure to PCBs in Caulking Material || PDF version (4 pp, 2.7 MB) || en Español (PDF) (4 pp, 2.7 MB), EPA Publication EPA-747-F-09-005.
Testing
Air
If school administrators and building owners are concerned about potential PCBs in the caulk, they should consider testing to determine if PCBs are present in the air. If testing reveals PCB levels above the levels EPA has determined to be safe, schools should attempt to identify any potential sources of PCBs that may be present in the building, including testing samples of caulk and looking for other potential PCB sources (e.g., old transformers, capacitors, or fluorescent light ballasts that might still be present at the school).
If elevated levels of PCBs are found in the air, schools should also have the ventilation system evaluated to determine if it is contaminated with PCBs. Although the ventilation system is unlikely to be an original source of PCB contamination, it may have been contaminated before other sources of PCBs were removed from the school and may contribute to elevated air levels of PCBs. Contaminated ventilation systems should be carefully cleaned. Ideally, such cleaning should be planned in concert with removal of any sources of PCBs that are found to avoid re-contamination of the system.
During the search for potential sources, schools should be especially vigilant in implementing practices to minimize exposures and should retest to determine whether those practices are reducing PCB air levels. It is important to note that interior surfaces and settled dust can absorb PCBs from contaminated air, and these “secondary sources” can emit PCBs after the primary source is removed. Therefore, a remediation plan should consider the potential effects for these secondary sources on indoor air quality.
Other Sources, Including Caulk
Should those practices not reduce exposure, caulk and other known sources of PCBs (e.g., paints, floor and ceiling tiles) should be removed as soon as practicable. Please note that you cannot tell if caulk has PCBs by looking at it. While it is possible that PCBs could be released into the environment through the cracking or flaking of caulk, EPA believes the old caulk that is still flexible or is in visibly good condition could be a significant source of PCBs into the air. The only way to be sure that caulk has PCBs is to have a professional test the caulk.
Where schools or other buildings were constructed or renovated between 1950 and 1979, EPA recommends that PCB-containing caulk be removed during planned renovations and repairs (when replacing windows, doors, roofs, ventilation, etc.).
Based on EPA's Office of Research and Development's (ORD) laboratory research, encapsulation was found to be most effective for interior surfaces that contain low levels of PCBs (i.e. several hundred parts per million). Depending on the PCB reduction goal, the performance of the encapsulant, and the conditions of the building, the upper limit of the PCB concentration for successful encapsulation may vary. Therefore, post-encapsulation monitoring is an essential part of the encapsulation process. Building owners should consult EPA's research on this issue for more specifics. Encapsulation may be useful for the reduction of emissions from secondary sources such as contaminated building materials under and around PCB-containing caulk or paint that has been removed. Encapsulation was not found to be effective in reducing emissions from sources that have a high PCB content (for example caulk) for more than a short period of time. Because each site will present unique circumstances, please consult your EPA PCB Regional Coordinator regarding the application of encapsulation measures on a case by case basis. It is critically important to assure that PCBs are not released to air during replacement or repair of caulk in affected buildings. Assessment of the ventilation system for potential contamination, proper cleaning when required, and isolation of the system to prevent further contamination are also important.
Test Methods
For determining the presence of PCBs in indoor air, EPA has two approved methods:
• Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air - Compendium Method TO-4A (high air volume) (PDF) (53 pp, 665 KB)
• Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air - Compendium Method TO-10A (low air volume) (PDF) (37 pp, 288 KB)
.
EPA recommends that caulk suspected to contain PCBs be tested directly for the presence of PCBs and removed if PCBs are present at significant levels. The PCB regulations provide appropriate methods for testing. More information on these procedures can be found at:
• Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846
• Wipe Sampling (PDF) (31 pp, 86K)
Contact EPA's Toxic Substances Control Act (TSCA) Hotline at 1-888-835-5372 or the EPA PCB Regional Coordinator for your state for assistance.
Schools Information Kit
A Schools Information Kit provides information for parents, students and staff about PCBs in caulk, including:
• General information on PCBs in older schools and buildings || PDF version (1 pg, 564 KB) || en Español (PDF) (1 pg, 517 KB)
• Schools checklist || PDF version (1 pg, 416 KB) || en Español (PDF) (1 pg, 221 KB)
Information for Contractors Working in Older Buildings
Read Contractors Handling PCBs in Caulk During Renovation, EPA's guidance to contractors and maintenance personnel working in older buildings that may contain PCB-contaminated caulk.
Read EPA's Steps to Safe Renovation and Abatement of Buildings that Have PCB-Containing Caulk.
Additional Information
Additional EPA brochures and fact sheets on best practices for addressing PCBs in caulk:
· Fact Sheet: Testing for PCBs in Buildings
· Fact Sheet: Interim Measures for Reducing Risk and Taking Action to Reduce Exposures
· Fact Sheet: Removal and Clean-Up of PCBs in Caulk and PCB-Contaminated Soil and Building Materials
· Fact Sheet: Disposal Options for PCBs in Caulk and PCB-Contaminated Soil and Building Materials
Where Can I Get More Information?
For more information on how to properly test for and address PCBs in caulk, call the EPA's Toxic Substances Control Act (TSCA) Hotline at 1-888-835-5372 or contact the EPA PCB Regional Coordinator for your state.
EPA Fact Sheet - PCBs in Caulk
PCBs
• Polychlorinated biphenyls (PCBs) are man-made chemicals that persist in the environment and were widely used in construction materials and electrical products prior to 1979.
• PCBs can affect the immune system, reproductive system, nervous system and endocrine system and are potentially cancer-causing if they build up in the body over long periods of time.
• Congress banned manufacture and use of PCBs in 1976 and they were phased out in 1979 except in certain limited uses.
PCBs in Caulk
• PCBs may be present in the caulk used in windows, door frames, and masonry columns, and other building materials in many schools and other buildings built or renovated between 1950 and 1979.
• In some cases, PCBs represent a high percentage of the caulk, e.g. 100,000 parts per million (ppm) or higher.
• Because PCBs can migrate from the caulk into air, dust, surrounding materials and soil, EPA is concerned about potential PCB exposure to school children and other building occupants.
• The link between PCBs in caulk and exposures to PCBs in the air or dust is not well understood. EPA has conducted research to better understand the link between PCBs in caulk and exposures to PCBs in the air and in dust.
• People are exposed to PCBs from many sources, including diet, but air or dust levels in buildings may account for a significant portion of exposure.
• The air levels of PCBs to which individuals may be exposed vary depending on the age of the person exposed and the amount of time the person spends in building areas where PCBs are present. EPA has calculated prudent public health levels that maintain PCB exposures below the “reference dose” – the amount of PCB exposure that EPA does not believe will cause harm. Those levels vary depending on the age group and use assumptions about potential PCB exposures in schools and from other sources, such as diet.
Children touching the window sill can become contaminated with PCBs
Immediate Steps to Reduce Exposure
• Though this is a serious issue, the potential presence of PCBs in schools and buildings should not be a cause for alarm – there are steps school administrators and building owners can take to protect students, teachers and others.
• One important step that a school system can do is to minimize the potential for PCBs to be present in the indoor air. Indoor air levels of PCBs within a school can be reduced by ensuring that the ventilation system is operating as designed, and to repair or improve the system if it is not.
EPA recommends the following “best practices” to minimize potential exposure:
o Clean frequently to reduce dust and residue inside buildings
o Use a wet or damp cloth or mop to clean surfaces
o Using vacuums with high efficiency particulate air filters
o Do not sweep with dry brooms; minimize the use of dusters
o Wash children’s hands with soap and water often, particularly before eating
o Wash children’s toys frequently
o Wash hands with soap and water after cleaning, and before eating or drinking.
Testing the Air for PCBs and Addressing Elevated Levels
• If school administrators and building owners are concerned about exposure to PCBs and wish to supplement these steps, EPA recommends testing to determine if PCB levels in the air exceed EPA’s suggested public health levels.
• Schools should attempt to identify any potential sources of PCBs that may be present in the building, including testing samples of caulk and looking for other potential PCB sources (e.g., old transformers, capacitors, or fluorescent light ballasts that might still be present at the school). While it is possible that PCBs could be released into the environment through the cracking or flaking of caulk, EPA believes the old caulk that is still flexible or is in visibly good condition could be a significant source of PCBs into the air. The only way to be sure that caulk has PCBs is to have a professional test the caulk.
• If elevated air levels of PCBs are found, schools should have the ventilation system evaluated to determine if it is contaminated with PCBs. Although the ventilation system is unlikely to be an original source of PCB contamination, it may have been contaminated before other sources of PCBs were removed from the school and may be contributing to elevated air levels. Contaminated ventilation systems should be carefully cleaned. Ideally, such cleaning should be planned in concert with removal of any sources of PCBs that are found to avoid re-contamination of the system.
• During the search for potential sources, schools should be especially vigilant in implementing to minimize exposures and should retest to determine whether those practices are reducing PCB air levels.
• If these measures do not reduce exposures, caulk and other known sources of PCBs should be removed as soon as practicable.
Removal of PCB-contaminated Caulk during Renovations and Repairs
• Where schools or other buildings were constructed or renovated between 1950 and 1979, EPA recommends that PCB-containing caulk be removed during planned renovations and repairs (when replacing windows, doors, roofs, ventilation, etc.)
• It is critically important to ensure that PCBs are not released into the air during renovation or repair of affected buildings. EPA is recommending simple, common sense work practices to prevent the release of PCBs during these operations.
• Assessment of the ventilation system for potential contamination, proper cleaning when required, and isolation of the system to prevent further contamination are also important.
• A list of these work practices can be found at www.epa.gov/pcbsincaulk
• Encapsulation of PCB-containing Caulk Based on EPA's Office of Research and Development's laboratory research, encapsulation was found to be most effective for interior surfaces that contain low levels of PCBs (i.e. several hundred parts per million).
• Depending on the PCB reduction goal, the performance of the encapsulant, and the conditions of the building, the upper limit of the PCB concentration for successful encapsulation may vary.
• Therefore, post-encapsulation monitoring is an essential part of the encapsulation process. Building owners should consult EPA's research on this issue for more specifics (see ORD report).
• Encapsulation may be useful for the reduction of emissions from secondary sources such as contaminated building materials under and around PCB-containing caulk or paint that has been removed.
• Encapsulation was not found to be effective in reducing emissions from sources that have a high PCB content (for example caulk) for more than a short period of time.
• Because each site will present unique circumstances, please consult your EPA PCB Regional Coordinator regarding the application of encapsulation measures on a case by case basis.
EPA Research on PCBs in Buildings
• EPA has conducted research to: 1) characterize potential sources of PCB exposures in schools (caulk, coatings, light ballasts, etc.); 2) investigate the relationship of these sources to PCB concentrations in air, dust, and soil; and, 3) evaluate methods to reduce exposures to PCBs in caulk and other sources.
• Read more about the results of this research.
• For More Information
• Building owners and school administrators seeking additional guidance and information can call the Toxic Substances Control Act (TSCA) Hotline (888) 835-5372.
• Schools, parents, building owners and contractors can find information on the safe handling and renovation of potentially contaminated caulk here: www.epa.gov/pcbsincaulk
This brochure is meant to provide contractors, parents, teachers, and school administrators a general overview of the practices a contractor should consider when conducting the renovation of a building that has polychlorinated biphenyl (PCB)-containing caulk. PCBs were not added to caulk after 1979. Therefore, in general, schools built after 1979 do not contain PCBs in caulk.
Contractors play an important role in protecting public health by helping prevent exposure to toxic PCBs. Ordinary renovation and maintenance activities involving the removal of PCB-containing caulk and the surrounding contaminated substrate (brick, masonry, cinder block, wood, etc.) can create dust that contains PCBs which can expose children and adults. PCBs have been demonstrated to cause a variety of adverse health effects, including cancer in animals. PCBs have also been shown to cause a number of serious non-cancer health effects in animals, including effects on the immune system, reproductive system, nervous system, endocrine system, and other health effects.
Consider Testing the Air in Buildings Built Between 1950 and 1979 to Determine Whether Your School or Building May Have PCBs
If school administrators and building owners are concerned about exposure to PCBs and wish to supplement the steps recommended in this brochure, EPA recommends testing to determine if PCB levels in the air exceed EPA's suggested public health levels. If testing reveals levels above the suggested public health levels, school and building operators should be especially vigilant in implementing and monitoring practices to minimize exposures. If PCBs are found in the air, EPA will assist in developing a plan to reduce exposure and manage the caulk. You cannot tell if caulk has PCBs by looking at it. EPA believes the old caulk that is still flexible or is in visibly good condition may be a significant source of PCBs into the air. The only way to be sure that caulk has PCBs is to have a professional test the caulk. Your EPA Regional PCB Coordinator can direct you to a PCB testing lab.
Take Site-Specific Protective Measures
A pilot renovation project may be warranted to verify whether the renovation goals can be met. It will allow you to compare methods, tools, and protective measures to get specific information about their effectiveness and cost.
Before Starting the Job, Consider the Types of Tools and Machinery for Removing Caulk
Notify Interested Parties and Plan for Emergencies
Take General Protective Measures
Interior Areas
Exterior Areas
Leave the Work Area Clean
On a daily basis you should:
Dispose of Renovation Waste Materials that Contain PCBs in Compliance with the Toxic Substances Control Act (TSCA)
Disposal Options
PCB bulk product waste: The disposal of PCB bulk product waste is regulated under 40 CFR § 761.62 of TSCA. Under this provision, PCB bulk product waste must be disposed of in one of two ways: disposal in a permitted solid waste landfill or via risk-based disposal approval process.
Disposal in solid waste landfills: Certain PCB bulk product waste, such as PCB-containing caulk, even if the concentration of PCBs in the caulk is equal to or greater than 50 ppm, may be disposed of in non-hazardous waste landfills permitted by states. Disposal under this option does not require you to obtain approval from EPA. However, EPA recommends that you determine prior to shipment that the landfill is willing and able to accept the PCB waste. Anyone sending PCB bulk product waste to a non-hazardous waste landfill permitted by a state must send written notice to the landfill prior to shipment of the waste stating that the waste contains PCBs at greater than 50 ppm (see 40 CFR 761.72(b)(4)(ii)). This guidance document does not replace or supersede any (sampling) requirements that the receiving facility may deem necessary to determine acceptance of the waste into its facility. Additionally, this guidance does not supersede state requirements which may be more stringent than those mandated by the federal government for management of this debris.
Risk-based option: The risk-based option allows for a site-specific, risk-based evaluation of whether PCB bulk product waste may be disposed of in a manner other than under the performance-based disposal option or the solid waste landfill disposal option. Disposal of PCB bulk product waste under this option requires you to obtain approval from EPA based on a finding that the disposal will not present an unreasonable risk of injury to health or the environment.
PCB remediation waste: The disposal of PCB remediation waste is regulated under 40 CFR § 761.61 of TSCA. There are three options for management of PCB remediation waste:
· Self-implementing cleanup and disposal: The self-implementing option links cleanup levels with the expected occupancy rates of the area or building where the contaminated materials are present. The disposal requirements for the self-implementing regulatory option vary based on the type of contaminated material and concentration of PCBs in the materials, among other things. Cleanup and disposal under this option requires you to notify your EPA Regional PCB Coordinator.
· Performance-based disposal: The performance-based option allows for disposal of the contaminated materials in either a TSCA chemical waste landfill or TSCA incinerator, through a TSCA-approved alternate disposal method, under the TSCA-regulated decontamination procedures, or in a facility with a coordinated approval issued under TSCA. Disposal under this option generally does not require you to obtain approval from EPA.
· Risk-based cleanup and disposal: The risk-based option allows for a site-specific evaluation of whether PCB remediation waste may be cleaned up or disposed of in a manner other than the alternatives provided under the self-implementing or the performance-based disposal options. Disposal of PCB remediation waste under this option requires you to obtain an approval from EPA based on a finding that the disposal will not present an unreasonable risk of injury to health or the environment.
Additional Information on EPA's Website
EPA has developed an informational brochure and fact sheets to provide building owners and managers with key information on the current best practices for addressing PCBs in caulk. View these documents here.
Preventing Exposure to PCBs in Caulking Material || PDF version (2 pp, 2.7MB)
Fact Sheet: Testing for PCBs in Caulk in Buildings
Fact Sheet: Interim Measures for Reducing Risk and Taking Action to Reduce Exposures
Fact Sheet: Removal and Clean-Up of PCBs in Caulk and PCB-Contaminated Soil and Building Materials
Fact Sheet: Disposal Options for PCBs in Caulk and PCB-Contaminated Soil and Building Materials
EPA is Helping to Address the Issue of PCBs in Caulk
Where Can I Get More Information
EPA has conducted 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. Where PCBs have been found in the air, soil, or in the caulk and other building materials, EPA is committed to helping schools and communities enact plans to reduce exposure. Please contact your regional PCB coordinator for help with assessing contamination and exposure and developing cleanup plans. Please contact your regional EPA Regional PCB Coordinator help with assessing contamination and exposure and developing cleanup plans.
The final reinterpretation memorandum has been issued regarding Polychlorinated Biphenyl (PCB) contaminated building materials: PCB Bulk Product Waste Reinterpretation (PDF) (3pp, 396K).
EPA proposed and finalized a reinterpretation of its position regarding Polychlorinated Biphenyl (PCB) contaminated building materials. The reinterpretation is specifically addressing the definitions of bulk product waste (e.g., PCB contaminated caulk or paint) and remediation waste (e.g., PCB contaminated masonry or concrete). This distinction is important as it determines the appropriate cleanup requirements and disposal options. The reinterpretation allows 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, even if the PCBs have migrated from the overlying bulk product waste into the substrate. The below diagram highlights these changes to the definitions.
The reinterpretation impacts the highlighted segments of the following documents:
To learn more about the reinterpretation, see the Federal Register Notice – PCBs Bulk Product v. Remediation Waste – (February 29, 2012). The comment period closed on March 30, 2012.
The U.S. Environmental Protection Agency (EPA) recently finalized its reinterpretation of the Agency’s policy regarding Polychlorinated Biphenyl (PCB) contaminated building materials. The “PCB Bulk Product Waste Reinterpretation” addresses the federal Toxic Substances Control Act (TSCA) requirements governing the disposal of building debris that has been in contact with non-liquid PCBs such as PCB-containing caulk and paint.
EPA’s reinterpretation will impact contractors who handle caulk during renovations, for example. According to EPA, the presence of PCB-containing caulk, sealants, paint, etc. in (or on) a building is an “unauthorized use” of PCBs. EPA warns of the presence of PCB-containing caulk, sealants, paint and other materials in public and commercial buildings constructed between World War II and mid-1970.
As explained below, the “PCB Bulk Product Waste Reinterpretation” (Reinterpretation Guide) specifically addresses the definitions of “Bulk Product Waste” and “Remediation Waste.” This distinction is important as it determines the appropriate cleanup requirements and disposal options. PCB Bulk Product Waste can be sent to solid waste landfills, while PCB Remediation Waste is subject to stricter disposal requirements, such as disposal in TSCA chemical waste landfills.
PCB Bulk Product Waste
Specifically, if PCBs have leached from caulk, sealants or paint containing ≥ 50 ppm (parts per million) PCBs into a substrate such as brick, mortar, concrete, etc., and the PCB-containing material is still attached to the substrate at the time the structure has been “designated for disposal,” then the substrate can be disposed of as PCB Bulk Product Waste. PCB Bulk Product Waste qualifies for more flexible disposal options, for example, much PCB Bulk Product Waste can be disposed of in permitted industrial or solid waste landfills even if it contains > 50 ppm PCBs (see 40 CFR Part 761.62). Prior to the reinterpretation, when PCBs migrated from building products, such as caulk, the caulk would be considered PCB Bulk Product Waste, while the underlying contaminated building material would be considered PCB Remediation Waste.
Under the Reinterpretation Guide, EPA allows the building substrate “designated for disposal” to be characterized as PCB Bulk Product Waste, even if, after the designation, it becomes separated from the original building product containing the PCBs. Indeed, this is a slight expansion from the draft proposal.
This reinterpretation only applies if the substrate has been contaminated by non-liquid PCBs. If the source of the contamination includes spills or releases of ≥ 50 ppm liquid PCBs (e.g., from hydraulic or transformer fluids), then EPA would conclude that the substrate is “PCB Remediation Waste,” regardless of the PCB concentration. Note that the date of any such disposal may be relevant to this analysis (see 40 CFR Part 761.50(b)(3)).
PCB Remediation Waste
If, at the time of the “designation for disposal,” the caulk, sealants, or paint containing ≥ 50 ppm PCBs has been separated from the substrate into which PCBs have leached, then the PCB-contaminated substrate must be managed as PCB Remediation Waste, subject to the more restrictive disposal requirements of 40 CFR Part 761.61, regardless of the concentration of the PCBs in the substrate (i.e., even if the PCB concentration in the substrate is < 50 ppm). For example, if one removes ≥ 50 ppm PCB-containing caulk or sealant from a building, and subsequently discovers that brick or mortar was contaminated with PCBs from that caulk, the brick/mortar would have to be managed as PCB Remediation Waste.
Implementation Issues
In responding to comments on the proposal, the final Reinterpretation Guide recognizes that during a cleanup or demolition process, the PCB-containing caulk/paint/etc. might be separated from the substrate (i.e., in the time between “designation for disposal” and ultimate physical disposal). As stated above, in these situations, as long as the PCB-containing material was still attached to the substrate at the time of “designation for disposal,” the debris can be managed as PCB Bulk Product Waste even if the debris and caulk are subsequently separated.
The Reinterpretation Guide should be taken into account in planning building maintenance (e.g. projects involving replacement of caulking or sealants) or demolition projects. To this end, EPA recommends the creation and implementation of an abatement plan. The abatement plan would document the time when a company designates a particular structure for disposal and the condition of the structure (i.e., prior to demolition and before the PCB-containing material is separated from the substrate), rather than sample the debris after the structure has been demolished (assuming that demolition would separate some or all of the substrate from any PCB-containing caulk or paint).
Penalties for Noncompliance
If you do not follow the PCB waste management and permitting standards listed in 40 CFR Part 761, you may be fined in civil penalties of up to $37,500 per day per violation. You also may be fined if you release PCB waste into the environment. You can lose any existing permits for your construction site and/or need to stop work until you meet EPA requirements. You also may face penalties or actions for past or present handling, storage, treatment, transportation, or disposal of PCB waste that may be a hazard to human health or the environment.
For More Information
The final Reinterpretation Guidance is online at http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/caulk/pdf/pcb-bulk-waste-memo102412.pdf. A list of EPA regional PCB Coordinators is available online at http://www.epa.gov/pcb/coordin.html and a list of EPA Headquarters PCB contacts is at http://www.epa.gov/pcb/contactus.html.
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Providing Competent, Expert and Objective Investigative Engineering and Consulting Services
P.O. Box 520
Tenafly, NJ 07670-0520
Tel.: (973) 897-8162
Fax: (973) 810-0440
E-mail: metroforensics@gmail.com
Web pages: https://sites.google.com/site/metropolitanforensics/
https://sites.google.com/site/metropolitanenvironmental/
https://sites.google.com/site/metroforensics3/
Metropolitan appreciates your business.
Feel free to recommend our services to your friends and colleagues.