PCBs: Real World Considerations Overview of the Regulations (What are the rules?) The Current PCB Regulations 40 CFR Part 761 Section 6(e) of the Toxic Substances Control Act of 1976 (TSCA) Generally bans manufacture, processing, distribution in commerce, and PCB use after 1978 Provides exceptions if EPA finds “no unreasonable risk of injury to health or the environment” Most exceptions take form as authorizations, which include conditions such as location restrictions, repair restrictions, and concentration limits (e.g., light ballasts) 1998 amendments increased flexibility to the management of PCBs at a Site, including cleanup and disposal options (no snickering, please) Regulatory Considerations PCB regulations include owners and/or operators of PCB-contaminated property where the PCB contamination exceeds allowable concentrations 50 ppm for bulk product wastes, for example TSCA authority not delegated to any state EPA and state regulations both apply Some states have their own PCB statutes Connecticut is notable in New England (CGS 22a-463 through 469) The regulatory categories in a nutshell… General PCB Regulatory Categories Unauthorized Use – Open systems with PCBs ≥50 mg/kg Excluded PCB Products – Open systems with PCBs <50 mg/kg Authorized Use – Closed, intact, non-leaking system ? Classic Example - Authorized Use Unauthorized or Excluded ?? ? Unauthorized or Excluded ?? 40 CFR 761.30 Do your data show PCBs? Start your risk communication! 4 PCB Bulk Product Waste (761.62) Bulk Product Waste Represents an Unauthorized Use Open systems with PCBs ≥50 mg/kg Examples include – Caulk (heavy emphasis in EPA guidance) Applied dried paints Varnishes Other coatings or sealants Galbestos (a profiled metal sheeting with Bulk Product Waste asbestos felt on both sides coated with either bitumen or polyester resin) 5 TRC School Caulk and Glazing Data Example 250 (Total = 406) Number of Samples 200 150 100 50 0 <1 <10 <20 <30 <40 <50 <1000 >1000 Total PCBs (mg/kg) 1. Do your research. 2. Collect your data. 3. See where you stand. 6 PCB Remediation Waste (761.3) Bulk product waste impacts to adjacent surfaces Other mechanisms (inter-media transfer) Any concentration material w/total PCBs > 1 ppm associated with an unauthorized source PCB RemediationWaste Examples include – Brick, window frames with PCB caulk* Concrete masonry units with PCB paint* Dust in HVAC systems * - PCB Bulk Product Waste materials 7 Excluded PCB Product (761.3) Must meet all criteria under § 761.3 Technically, it could be any total PCB concentration < 50 ppm…but expect to prove it with concentrations approaching 50 ppm Examples include – Just about any manufactured product Watch for dilution…more on this later May be left in place without further restrictions/requirements Excluded PCB Product if less than 50 ppm total PCBs when manufactured State requirements may require removal (e.g., Connecticut). 8 Regulatory Framework for Building Materials - 3 “bins” PCB Bulk Product Waste ¤761.3 ¤761.50(b)(4) PCB Remediation Waste ¤761.3 ¤761.50(b)(3) ≥ 50 ppm total PCBs Any concentration material < 50 ppm total PCBs w/total PCBs > 1 ppm when Lines of evidence associated with BPW over 50 ppm Origin, dilution, Unauthorized source coverage (typical in building context) Example - PCB Bulk Product Waste source One valid sample will do to gain entry Obligations begin Unauthorized use Must be removed Note Oct. 24, 2012 reinterpretation 1. Do your research. Excluded PCB Product ¤761.3 Unauthorized disposal Investigate/remediate 2. Collect your data. Not regulated for removal Management plan? 3. See where you stand. 9 Key New Guidance Documents September 2009 (Caulk Guidance) http://www.epa.gov/epawaste/hazard/tsd/pcbs Fact sheets Q and As Schools Information Kit Renovation/Abatement of Buildings with PCB-Containing Caulk Public Health Levels for PCBs in Indoor Air for Schools Not limited to that application Discussed earlier in the presentation 10 Key New Guidance Documents - cont. Mitigation and Exposure Assessment Research on Building Sources Recently Issued Four Part Series TRC experts served as peer reviewers December 2010 (Ballast Guidance) http://www.epa.gov/epawaste/hazard/tsd/pcbs/pubs/ ballasts.htm 11 NEW CHANGES April 2010 ANPRM PCB Uses Federal Register Management of Demolition Debris 30 day comment…more on this later. 12 EPA Recommendations For buildings built between 1950 and 1978 Minimize exposure (e.g., ventilation, cleaning) Take care when renovating Take care when abating If you think you may have a problem… Test for elevated air levels Test for source of air contamination (duct systems, deteriorating caulk) The Bottom Line – No so fast eager beaver! 13 Any questions before we move on? 14 PCBs: Real World Considerations Practical Assessment and Remediation (What can we do about it?) Adapted from R. Hartman, Triumvirate, and E. Plimpton/D. Sullivan, TRC Environmental Corp. Entry Event REMEDIATE plan notify* implement Renovation, repair, and/or demolition Risk evaluation request Risk Communication INVESTIGATE survey sample evaluate categorize document Entry Due diligence (property transfer) Investigation Building survey (air, bulk, wipe, soil) Material sampling (not limited to caulk) Evaluate data/categorize materials Remediation Establish goals Focus on removal and disposal Regulatory oversight (Get to know Kim!!) * when applicable CLOSE OUT report manage* restrict* Exit/Closure Remedial action reporting Management in place (where needed) Long-term restriction/O&M 16 17 Enter the Matrix… PCB Waste/ Disposal Category Regulatory Pathways for Remediation Self-implementing N/A Bulk product waste ¤ 761.3761.50(b)(4) ¤ 761.62 Performance-based Risk-based Other 761.62(a) disposal 761.62(c) disposal 761.62 b, d - - Manner other than prescribed - Approved by RA - Solid waste landfill disposal - Leach test ? - Notify Landfill - Daily cover/ road base Incineration TSCA landfill RCRA landfill Alt. Disp. Approval Decontamination Remediation waste 761.61(a) 761.61(b) 761.61(c) 761.79 ¤ 761.3 ¤ 761.50(b)(3) ¤ 761.61 • • • • • • • • • • No EPA notification Notify facility Remove ALL PCBs Disposal at TSCA approved facility • If unsuccessful, resort to other tracks (61a, 61c) • Submit documentation per 61a content • Requires RA approval • Extensive information requirements • Risk assessment • All COCs • All media Decontamination • Visual standards and/or wipe for confirming nonporous surfaces • Can be technically challenging • Alternatives require EPA approval N/A N/A Licensed permitted landfill Excluded PCB product ¤ 761.3 Notification Prescriptive 30 day approval Clean-up criteria Disposal criteria Occupancy criteria • RA can demand more! N/A Manage in place Temporary, otherwise no way • • • • Viable option Capping Deed Restrict. Management plan? • Marking? • Monitoring? • Management plan? • Case specific • No reg. req. “…no one can be told what the Matrix is. You have to see it for yourself.” - Morpheus Wife of Bath 19 Illustration of Concepts – Characterization Examples inter-media transfer homogeneous paint areas non-porous porous Looks consistent, but is it? multiple layers If the paint is dirty, what of the brick? direct/indirect vent system impacts Sources, Sorption and Sinks, and Other Questions SOURCE Fluorescent Ballasts Lead paint? ACM wire wrap on fixtures ? SORPTION Any Surface SINKS Carpeting, Cushions Is it safe? 21 Lets talk about the Federal Register Notice for PCB Bulk Product vs. Remediation Waste (Vol. 77, No. 40 /Wednesday, February 29, 2012) The reinterpretation published October 24, 2012 allows building material “coated or serviced” with PCB Bulk Product Waste to be managed as such when designated for disposal Any questions before we move on? 23 PCBs are… P = Painful C = Costly B = But…manageable 24 Don’t let the guidance fool you It is not a given that if any caulking tests positive for PCBs, that all caulking in the building is impacted, regardless of EPA’s emphasis on caulking Concentrations of PCBs in caulking can easily vary one to two orders of magnitude because of mixing ratios 25 Manage the expectations Once the PCB ballasts and caulking are removed from the building, the PCB levels in indoor air will not drop immediately…..NO! Desorption will take time 26 Dollars and sense… Scarifying, removal and disposal ~ $45.00/square foot, assuming open access and roughly 4,000 sf Substrate cutting, removal and disposal ~ $60/linear foot, assuming unimpeded access, limited staging 400 sq. ft. of negative pressure containment ~$1,300 Removal of 3 to 6 inches of adjacent brick ~$3 to $5/lf 27 Project Approach Contractor & Consultant Relationship A collaborative effort Interior or exterior Typically projects are multifaceted (lights, caulking, soil) Contractor Work Plan (required for EPA approval) SOPs Contractor-specific details of work Decontamination of tools & equipment Health & Safety (OSHA 40 hr) 28 Remedial Techniques – Physical & Mechanical Removal of Caulking – proper tools and equipment Removal to substrate (no visual remnants) Pliability Collection of all flaking and removed caulking (proper controls) Substrate – dependent on concentrations and porosity Engineering controls (containment systems) 29 Remedial Techniques – Chemical Capsur – most common, aqueous-based Existing concentrations must be at manageable levels Effectiveness can be questionable based on porosity of impacted material Adds time and analysis Avoids removal of additional building materials 30 Encapsulation What comes first when restoring? Caulking or Encapsulation? Sikaguard & Sherman Williams – still researching Rolling vs. spray applicator (dependent on substrate) Color or clear Deed restriction – future remediation 31 Interior Cleaning Sounds so easy…. Sequence and approach to room Univents and air ducts? Hepa Vac Wet wipe - industrial cleaning agents Exchange of air Great care in approach to cleaning – cross contamination 32 Remedial Techniques – Soil Soil Excavations Typically cumbersome excavations Staging of materials (roll-off containers) - labeling Great care in cross-contamination (low detection limits) Direct bulk removal, transportation & disposal Managing waste appropriately Removal of 1 ton of PCB contaminated soil (includes excavation, transportation, and disposal) ~ $400/ton 33 Site Restoration & Disposal Re-installation of PCB-free caulking Products made in the USA Managing PCB appropriately Difference between bulk & remediation waste Proper labeling 34 Shoot, Ready, Aim! Pre-planning vs. Discovery Forewarned is forearmed - control Change orders – avoid or minimize Regulatory “greeting cards” – avoid “Emerging guidance clause” – active area Project Triangle } Speed Quality Cost What are your priorities? Communicate Building occupants – your clients Fact sheets, meetings – don’t overwhelm 1. Do your research. 2. Collect your data. 3. See where you stand. Questions? Dave Sullivan P: 978-656-3565 | E: dsullivan@trcsolutions.com 36