Polychlorinated Biphenyl (PCB) Program

Transcription

1 Tammie J. Hynum Chief Hazardous Waste Division of Arkansas DEQ Currently serves as the ASTSWMO HW Subcommittee Chair Polychlorinated Biphenyl (PCB) Program What is the best program to guide effective investigation and cleanup of sites contaminated with PCBs?

2 The RCRA Subtitle C Corrective Action, CERCLA, and TSCA PCB programs are all responsible for overseeing and managing facility cleanups that protect human health and the environment. Duplicative Roles of RCRA, CERCLA, and TSCA

3 Encourage and facilitate the safe reuse of contaminated sites What is the ultimate Goal?

4 The CERCLA risk-based cleanup level for PCBs is > 1x10E-04 or an HI >1. State developed levels may be more stringent than the CERCLA risk-based cleanup standards. CERCLA program is not delegated to States; disadvantage for TSCA to be delegated to CERCLA. CERCLA

5 Some States have entered into formal MOAs with the EPA Regional office. States conduct PCB assessment, cleanup, and disposal but EPA makes the final decision and approval. MOAs have improved coordination and communication between States and Regions. TSCA

6 RCRA Subtitle C (majority of States authorized for corrective action) Knowledgeable of corrective action Focused on the goal of achieving cleanups in a timely manner (protective of human health & environment) Knowledgeable of the sites and surrounding communities RCRA -- Most Appropriate Program to govern PCB contaminated sites

7 Avoid duplicative resources. If the authorized states are already governing corrective action activities at a site, why carve out one hazardous constituent (PCBs) from the list of many to be handle by a totally different program and agency? The authorized states for corrective action have a proven success record of effectively and efficiently investigating and cleaning up contaminated sites. Handling PCB cleanup under RCRA Subtitle C

8 Where as PCBs are not currently defined on a Federal level as a hazardous waste, it is possible that PCBs could be an incidental contaminate in a listed hazardous waste. Example: solvent used to remove PCBs from transformers PCBs may be present in wastes that are characteristically hazardous. In these two cases, the wastes is subject to RCRA regulations regardless of the PCB content. Handling PCB cleanup under RCRA Subtitle C

9 There are some states that also have regulations that govern the cleanup of PCBs. States have raised concerns with the difficulty in coordinating efficiently and effectively between the various regulatory programs. Especially true in instances where PCB contamination is present and the cleanup is being conducted under RCRA, CERCLA or a State Program. Handling PCB cleanup under RCRA Subtitle C

10 State coordination of management and remediation of PCB wastes and associated residuals requires substantial effort/resources when coordinating between RCRA, TSCA, and CERCLA. Redundant approval process Cumbersome approval process Impedes the timely and efficient cleanup and management of the PCB wastes and residuals. Handling PCB cleanup under RCRA Subtitle C

11 TSCA ( 6(c)(1),15 U.S.C. 2605(c)(1) EPA should refrain from promulgating rules regulating a chemical substance or mixture under TSCA where the Administrator determines the risk to HH or the environment presented is adequately addressed by one or more other federal laws administered by EPA. RCRA can be used to adequately and effectively address potential risk to HH and the environment posed by PCBs. Handling PCB cleanup under RCRA Subtitle C

12 Add PCBs as a characteristic or broadly listed hazardous waste under RCRA. State RCRA grants could be the vehicle used to fund states. Allow integration of land disposal restrictions, delisting, manifesting, permitting, and corrective action. Handling PCB cleanup under RCRA Subtitle C

13 Next we have Presentations on a Federal Facility Case Study (Jorge Jacobs of KS) and some CERCLA case examples (Meade Anderson of VA). Stay Tuned