The PCB Rule & Guidance: Regulatory Update. AGA PCB Workshop

Transcription

1 The PCB Rule & Guidance: Regulatory Update AGA PCB Workshop Washington, D.C. March 23, 2000 Pamela A. Lacey Senior Managing Counsel American Gas Association

2 Introduction The PCB rule and Guidance are complex. But they are better than the old rules. If you read carefully and use common sense, they are workable. Keep watching for developments.

3 Overview ➀ Basic Requirements for Use & Disposal - Updated March 1999 Q&A Guidance Documents June 1999 Technical Corrections Rule ➁ Coming Soon: Non-Liquid PCB Rule ➂ Other Developments: Pending Litigation Distribution in Commerce White Paper

4 Basic Requirements for Use & Disposal Your regulatory tool kit: The Complete PCB Rule - Part 761 (amended June 1998 and 1999) March 1999 Q&A Guidance Documents for Natural Gas Your company s environmental lawyer.

5 March 1999 Natural Gas Guidance 1. Miscellaneous Pipeline Q&A (negotiated by AGA) (Covers several crucial use and disposal issues -- in addition to those covered by the other two Q&A Guidance documents.) 2. Pipeline Use and Reuse Q&A Guidance 3. Pipeline Abandonment & Disposal Q&A

6 Updated Basics: Use Authorization Unless authorized by EPA, statute prohibits use. Section (i)(1) authorizes use in Natural Gas Pipeline Systems. To qualify, you must meet certain conditions.

7 Conditions for Use Authorization Two Different Sets of Conditions: 1 Easy version - for gas systems that have no potential source of PCBs ➁ Slightly harder version - for gas systems that have one or more potential sources of PCBs

8 Three Easy Conditions -- if you have no potential source 1 Written Description of PCBs in Your System. general nature and location of known PCBs 2 Annual Sampling. If liquid tests above 50 ppm, repeat sampling annually -- until < 50 ppm. Confirmatory sample at least 180 days later. March 99 Guidance: If no liquids, just come back next year. Wipe samples are not used for annual sampling. (Use Q&A ) ➂ Keep records for 3 years.

9 Seven Conditions -- if you have a potential source ➀ Written description of PCBs in system. ➁ Characterize extent of contamination.* March 99 Guidance and June 99 Corrections Rule: wipe samples not required. pre-june 1999 wipe samples allowed. post June 1999 wipe samples not allowed for characterization without approval.(use Q&A) ➂ Sample and analyze all Potential Sources. *

10 Seven Conditions, continued 4 Remove Sources or Reduce <50 ppm.* March 1999 Guidance says routine liquid collection and maintenance can satisfy this requirement. (Q&A #2) 5 Repeat sampling annually. ➅ Mark all aboveground sources of PCB liquids.* 7 Keep records for 3 years. Note: * = conditions that apply only to systems that have potential sources

11 What is a Potential Source? Potential sources include: ➀ natural gas compressors, ➁ natural gas scrubbers, ➂ natural gas filters, and ➃ interconnects where natural gas is received (i)(1)(iii)(A)(3) March 1999 Guidance on Potential Sources: Paper-like filters: proper liquid collection will prevent further introduction of PCBs. An interconnect is not a potential source in your system if is is controlled by your supplier.

12 Reuse Authorization (<500 ppm) Reuse allowed for drained PCBcontaminated natural gas pipe etc. Options for reuse within your company include: reuse as casing to protect cable March 99 Guidance: Sale to an unaffiliated company for reuse appears prohibited unless you decontaminate first. (Q&A #25)

13 Storage for Reuse (<500 ppm) Storage area is not required to meet TSCA design requirements. May be stored up to 5 years if: Meet applicable use conditions of Maintain record showing date removed from service and projected location and future use of the pipe or other item Store more than 5 years with EPA s written approval. (See )

14 Use Authorization: Plastic Pipe Insertions March 1999 Guidance - Non-destructive plastic pipe insertions are allowed as continued use of the gas system. Follow rules for sampling and disposing any short pipe segments you remove. Drain any liquids, test, and dispose of properly.

15 Disposal - Abandoning in Place Three Basic Options: 1 Small Pipe -- (any PCB level) 2 Large or Small Pipe -- ( ppm) 3 Large or Small Pipe -- (>500 ppm) See (a)(5) and March 1999 Guidance.

16 Abandon Small Pipe Special flexible rule for small pipe (< 4 inch). No need to sample -- ok for any PCB level. Ok to abandon in place if: (1) drain, (2) seal at ends, and either: (a) include in One Call, or (b) fill with grout. March 99 Guidance: any type of grout ok.

17 Abandon ppm Pipe Don t want to grout or leave small pipe in One Call? Or you have large pipe? Then drain and test the pipe. If ppm, ok to abandon if you just: (1) drain, and (2) seal ends.

18 Abandon Large Pipe >500 ppm Ok to abandon if you: (1) drain the pipe, (2) seal the ends, and either: (a) decontaminate, or (b) fill with grout. March 99 Guidance: Any grout allowed on land; cement is required for large pipe under streams or rivers. (Q&A #11).

19 Disposal after Removal Ok to abandon ppm pipe if you drain it and either: (1) send the pipe to one of the following: industrial or municipal landfill, scrap metal recovery oven, smelter, or EPA-approved PCB disposal facility. (2) or decontaminate the pipe. See (b)(5)(ii)(A), amended June 1999.

20 Disposal after Removal - Any Size Pipe or Equipment Any component of a natural gas system may be disposed of- (1) in a TSCA incinerator, (2) in a chemical waste landfill, (3) as a PCB remediation waste (761.61), or (4) by decontamination under See (b)(5)(ii)(B); March 99 Guidance.

21 Disposal Records & Manifesting Exemptions June 1999 Rule exempts ppm PCB- Contaminated Articles from disposal record and manifesting requirements of Subparts J and K.. Natural gas pipe and equipment qualifies. Problem: showing small pipe is <500 ppm use liquids, historical data, or get Region to approve alternative sampling. See (b)(6)(ii), added by June 1999 rule. Note: Storage for Disposal Rules still apply. (761.65)

22 Alternative Disposal Approvals Don t like the disposal, sampling or cleanup rules? Ask your EPA Region to approve an alternative. Risk-Based Cleanup Approval under (c) for PCB Remediation Waste (includes pipe and components), show your method will not pose an unreasonable risk of injury to health or the environment. Note: Allow time for processing and negotiation. Several applications pending more than 6 months.

23 Non-Liquid PCB Rule EPA is developing a rule to authorize the use and distribution in commerce of nonliquid PCBs. Non-liquid uses include: paint, contaminated concrete, wallboard.

24 Distribution in Commerce Update Congress prohibited PCB manufacturing, use, disposal or distribution in commerce unless totally enclosed or authorized by EPA. (TSCA sec. 6(e)(2)) Distribute in commerce means to sell the chemical substance, mixture or article (TSCA sec. 3) PCB rule defines totally enclosed and authorizes distribution. (761.20)

25 Distribution in Commerce White Paper Expected April 2000 Recent inquiries have raised EPA s interest. Office of General Counsel is drafting a White Paper. Sensitive issue: please consult with your attorney. AGA working with USWAG - please coordinate with us.

26 The PCB Rule is Workable Conclusion: Evaluate your company s facts, read the PCB rule and Guidance Documents carefully and use common sense. You will find many flexible options.