Document 65Oq4rr6ywQ855QaJbyVwXjJ4

r Current Report Ee^TcMotineted Biphenyl* 00 PPM CUTOFF LOWERED TO 0 PPM K%CBMANUFACTURING BAN DRAFT RULE Lowering the polychlorinated biphenyl (PC8) concentra tion to be regulated by the new PCB manufacturing ban to 50 port* per million (ppm) would bring up to a million ad ditional pounds of PCB under control, according to an En vironmental Protection Agency January 9 draft of the final rale. . The final manufacturing, processing, distribution in com merce, and use prohibitions will be an addition to the ex isting rule on PCB disposal and marking (Chemical Regular lion Reporter Reference Kile: 35:0101). The manufacturing ban rule also will amend sections of the existing regulation on disposal and.marking. The manufacturing ban originally was proposed in the Federal Register June 7,1978 (Current Report, June 9, 1978, p. 385). Changing the cutoff from 500 ppm in the disposal and marking regulations to 50 ppm in the upcoming manufac turing ban would increase substantially the health and en vironmental protection provided by the regulations, accord ing to EPA sources The draft preamble to the final rule banning manufac turing of PCBs says EPA must choose a cutoff level which can be administered reasonably. The draft explains that even lower levels of PCB could be controlled under other EPA authorizations, such as the Clean Water Act and the Marine Protection. Research, and Sanctuaries Act. The EPA draft says that the agency has no evidence that industry is either technologically or economically unable to comply with the 50 ppm standard. One of the major problems with lowering the cutoff level further Is PCB contamination in the production of chlorinated organic chemicals, according to the draft. Preliminary EPA studies show contamination levels as high as 10 ppm to 30 ppm, and these may be difficult to lower or eliminate (Current Report, January 5. p. 1779). If the agency were to lower the cutoff level to 10 ppm, a modi more significant burden would be placed on already strained PCB disposal and storage facilities. EPA is con cerned that additional strain on disposal facilities might lead to improper disposal of more highly contaminated PCB wastes while the agency was concentrating on containing the lower-level contaminated wastes. .The draft preamble concludes that reducing the cutoff level to 10 ppm would increase the economic impact of the regulation unduly, would create serious technological problems for the organic chemical industry, and would place an excessive burden on the already strained PCB disposal system. ' Mdre stringent requirements would be set for such ac tivities as oiling roads for dust control with waste oil con* inininp low concentrations of PCBs, according to the draft preamble. , Oil used for dust control must not have any detectable level of PCBs, it says, because of eventual environmental dispersion. Although the draft is preliminary, agency sources indicate that the 50 ppm cutoff level is a firm agency position. CIOMlffcetlon of Transformers The draft preamble says transformers would be regulated according to the following four categories: PCB transformers, defined as those that contain PCBsi at a concentration at or above 500 ppm, or any transformer! that is not clearly marked as not containing PCB dielectric! fluid or that is not definitely known to be free of PCBs at con-1 centrations of 500 ppm or less; PCB-contaminated transformers, defined as those that] contain between 50 ppm and 500 ppm PCB; Non-PCB transformers, defined as those that have been tested or can be verified to contain less than 50 ppm PCB; and . Railroad transformers, to be handled separately under specific authorizations of the PCB rule. Railroad transformers would be designated by use rather than by PCB level. Transformer categories would be used to designate I specific disposal servicing, rebuilding, and storage re quirements in the regulations, with the most stringent reserved for the highest levels of contamination. PCB Definitions Although the proposed rule includes definitions for PCB chemical substances, PCB mixtures, PCB articles, PCB equipment, and PCB containers, the draft final rule would define only PCB and PCBs. The definition would apply to any chemical substance that "is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of sub stances containing such substance." TOXIC SUBSTANCES SEMINAR An introductory seminar on the Toxic Substances Control Act will be held by The Bureau of National Af fairs, Inc., on March 16. The seminar covers the provisions of the Toxic Sub stances Control Act. including premanufacture noti fication. testing, regulatory authority, reporting and recordkeeping requirements, relationship toother fed eral laws, effect on state laws and programs, judicial review and enforcement, and citizens' suits and peti tions. Administrative actions by the Environmental Protection Agency under the Act will be discussed The seminar meets from 9 a m. to 5 p m. at 8NA headquarters in Washington, D C., and is conducted by the staff of the environment and safety division The registration fee of 8125, which covers lunch and refer ence materials, should be sent in advance to confirm attendance. Registration is limited to 30 people Checks should be made payable to The Bureau of Na tional Affairs. Inc. Checks or inquiries should be addressed to Frederick Tagg. Director of Education Programs, Room S-150. BNA, 1231-25th St.. N.W., Washington. DC. 200)7 Telephone: (202) 452-4412. 1-19*70 Copv"Bh< * 1979 t*Y the Bureeu of National Affairs. Inc. I4|.773r7t/S00 SO HONS 006833 / JCO CHEMICAL REGULATION REPORTER Incineration of Mineral Oil The draft rule preamble also details the agenrv rationale for considering allowing power generating facilities to incincrate low-level (50 ppm to 500 ppm* PCB-cnntamtnated mineral oil (Current Heport. December 1. 1978. p. 1492). B> reducing the regulatory cutoff for PCBs to 50 ppm, the mount of PCB liquid to be incinerated would increase from | 300 millinn pounds to at least 3 billion pounds, according to the draft preamble. The increase would raise compliance costs proportionately and would strain available incineration facilities if no new means of disposal were allowed, the agency preamble says. in response to numerous industry comments on increased disposal problems from a lower cutoff level, the agency has made a tentative decision to allow, power facilities to in cinerate the bulk of the increased volume of mineral oil needing disposal. The agency has determined that power generation and other industrial boilers can achieve 99.9 percent PCB destruction efficiency. The draft preamble says this rule change would result in savings of more than 119 million per year. ' Manufacturing vt. Procnting The agency is still determining the distinction between PCB manufacturing and processing. EPA is reconsidering the designation of manufacturing vs. processing in response to industry comments on the production of PCB articles and equipment, according to the EPA draft. Companies have told EPA that if the production of PCB ar ticles and equipment were considered manufacturing, the term processing would have no meaning. Although the draft rule is subject to change before promulgation, the January 9 draft says manufacturing would be defined as the actual creation of the substance. Other ac tivities involving the use of an already existing substance would not be considered manufacturing. The change in definition would have two major effects, ac cording to the draft preamble. The first would be to postpone the date prohibiting the manufacture of PCB articles and PCB equipment produced in a totally enclosed manner until July I, 1979. The second effect would be on the importation of PCB ar ticles and PCB equipment. The draft preamble examines the complexities of the issue, including the agency's tentative decision banning the importation of PCB articles upon the effective date of the rule but allowing continued importation of PCB equipment, such as television sets and microwave ovens. Although PCB equipment could be built or imported until July 1, 1979, the draft says EPA will enforce strictly the prohibition of processing and distribution In commerce of PCBs, including PCB equipment after July 1, 1979. The preamble emphasises this point, suggesting that stockpiling PCB Hems would be useless. Exceptions to the manufacturing and processing ban may be allowed if EPA grants a specific exemption. Other Changaa Since Propose! Although the draft is subject to change, the current version of the preamble and rules would allow the import and export of PCB wastes tor disposal. . The preamble specifies that the PCB ban also would apply to the production of any substance that contains more than 50 ppm us an `'impurity" or "by-product." Most small PCB capacitors would he excluded from dis posal requirements, according to the draft. Material such as small appliances or fluorescent light ballasts may be dis- posed of as municipal solid waste, as allowed under the dis posal and marking rule. However, manufacturers of small capacitors or articles containing such capacitors remain subject to special dis posal requirements found in the PCB disposal and marking regulations. . The agency has said it has found no feasible regulatory alternative to municipal disposal and has no further plans to . regulate the disposal of these capacitors. Projected Coats of PCB Ituls Compliance costs of the regulations are expected to ap proximate $52 million in the first year, according to the draft preamble. Regulatory costs are expected to diminish in successive years as the use of PCBs is discontinued. Curtailing the use of waste oil containing PCB for dust con trol on roads is expected to have the largest annua) economic impact. The agency calculates that approximately 300 million gallons of waste oil would be diverted from this use Substitutes would cost highway departments and road owners an additional $16 million a year. * However, the agency says the uncertainty of estimating such impacts means the actual costs could be much less or as high as $32 million. The ban on rebuilding PCB transformers in the draft regulation would cost the owners of transformers ap proximately $10 million annually, according to EPA es timates. Costs would decrease gradually over a 30-year period as transformers are replaced. Only electrically powered railroad units would be affected by the PCB ban. Consequently, the costs of the PCB ban on railroad units would be incurred by railroads and public transit authorities only in the Northeast. EPA estimates that costs to the seven Northeast railroads and transit authorities would be approximately $9 million. The total cost to users of PCB mining equipment would be about $3 million, according to the draft preamble. The ban on PCB mining equipment is not expected to cause any in terruption in coal production or significant problems for equipment owners, the draft preamble says Costs to owners of PCB-conlaining hydraulic systems are expected to be $3 million annually for the first five years, ac cording to the draft. . Preliminary agency cost estimates for reducing PCB con tamination greater than 5D ppm are approximately $5 million for the pigment industry. 1 However, the cost of regulating PCB impurities, as well as other aspects of regulating PCBs, would depend significanOv on which exemptions EPA decides to grant, the draft says It says sellers of electrical equipment containing PCB capacitors also may be affected adversely. EPA estimates that costs could exceed $1 billion. The draft preamble ex plains, however, that the issue is being considered in a separate rulemaking. * The draft also discusses the economic impact of toting and labeling requirements, removal of PCB fluid from natural gas pipeline pump compressors, and the ban on rebuilding PCB-containing electromagnets. Testing EPA CONSIDERS COMBINED STANOAR06 FOR TESTING CHRONIC TOXIC EFFECTS New standards for combined chronic effect* testing of chemicals probably will be included in the Toxic Substnm-v. Control Act Section 4 standard pro|H>sa)s headed for Km iron mental Protection Agency top-level review this month 11*79 Chemical Regulation Reporter 014C 797STO HONS 006834