Document B5JLqg51yOzQaep1rRkXkYorJ

56 53A CLEAN WATER REPORT C.O.W. JAN 2 1976 EPA PROPOSES PCB CONTROLS; HAZARDOUS MATERIAL RULES I Contending that polychlorinated biphenyls "constitute a significant hasard to human health and the environment and auat ha Immediately and effectively controlled with every means at our dlepooal," Environmental Protection Agency Adalnletrator Rueeell E. Train announced Dec. 22 that hie agency will eateblleh requirements for the virtual elimination of PCBe from Industrial wastewater dlaehargea. At the ease time Train alao announced SPA proposal of regulations governing the control of hasardoua materiel spills and that the agency will move ee rapidly aa possible to finalise the rules. Ala of the agency is sero discharge of PCBe, but where that is not possible. It hopes to reduce industrial dischargee to two to three ounces, Train explained. ' Under e directive from Train, regional officials must complete within 60 days on going surveys of the 37 facilities that manufacture transformers end capacitors using PCBs end the single U.S. PCB manufacturing facility of Monsanto Co. These * surveys will determine the manner in which PCBe enter the water, sir end llnd, end the precise measures that can be undertaken ee each facility to eliminate or dras tically minimise PCB contamination of the environment. "I have further directed our reglenal offices to assure immediately thereafter that all water discharge, permits issued to these facilities ere revised to require Chet ell those measures effecting water dischargee ere undertaken expeditiously, end to further assure Chet such measures are also undertaken by facilities which discharge Into municipal treatment works end ere net therefore required to procure uch permits," Train said. Survey results will also be used to determine whether an air emissions standard should be set for PCBe, end to develop maaeuree for avoid ing further lead contamination from PCBe. Tnlp Would U *rncT Pow.r. ProYl.lon of 7WPCA Train expressed optimism that In moat instances control of PCB dischargee can be achieved at reasonable coat through process changes, substitution and/or installa tion of control technology. EPA hopes for Industry cooperation to control PCBe, ha said, but noted that If such cooperation le not forthcoming, "I am prepared to exer cise my authority under 8ectloo 304 [emergency powers provision] of the federal Water Pollution Control Act to ensure lwedlate action In individual cease." In order to insure the safe handling and disposal of PCBe now In uae, Train said he has urged the major electric utility companies end other major ueare of large capacitors end transformers to eeaume responsibility for controlling the use end disposal of their PCBe* Train will meet with Industry representatives this month to dlecuae specific programs. ' "We would expect these actions to substantially reduce the potential risk from the large quantities of PCBe which are presently In use, end to thereby avoid their eventual addition to the existing environmental burden," Train aald. He alao an nounced intention of asking the American National Standards Institute to develop end Implement guidelines end e code of good practice for the maintenance, handling, servicing end disposal of existing equipment containing PCBe. Other actions planned by Train erat (1) meeting with manufacturers of equip ment using PCBe to dlecuae plena for developing environmentally acceptable alterna tives; (2) request to state governors to apply their authorities to the PCB problem; (3) request to federal agencies to Inventory their usee of PCBe end PCB-contalnlng materials and develop plane to assure their safe uae end disposal; (4) Investigation of PCB dischargee from major waata recycling plants and development of appropriate effluent guidelines and limitations in discharge permits; (5) Investigation of the easting industry to develop appropriate standards and guidelines for Its sir, water end solid waste dlaehargea; (6) development of guid ance for proper disposal of PCBe In municipal and Industrial solid wastes; (7) Joint program with Corps of Engineers to deal with the difficult problem of PCB-concsm- lnated sediments in rivers, lakae end coastal waters. EPA estimates Chet about 300-oillion pounds of PCBe ere in the environment In the U.S., either In landfills, air, water, soil or bottom sediments. Bach year, it (Continued on following page) HGNS 032691 i y EPA PROPOSES HAZARDOUS SUBSTANCE SPILL rows v-w.i Iiyi, 10,000 pound* or* discharged Into O.S. waterways from electric equipment au- ufacturers and tha ona NonaanCo PCB-nenufacturing plant; 1- to 2-nllllon pouada ara aplllad or laakad by equipment manufacturers; and 10-mllllon pound* ara lntroduead by othar aourco* through apllla, aarrlelng, raeycling of PCI-contalning aqulpnant. Train atraaaad that tha EPA plan of action "will not land to a quick and aaay raductlon of tha currant lavala of PCBa In our anvlronnaat... Bopafully tha con trol of .discharges will arraat tha rapid growth of tha problem. Ultimately, how ever, only the reduced uaa of PCI* will yield a algnlflaant and pananont aolutlon." In a general attack on hatardoua material*' contamination of tha environment, Train told reporter* that propoaad ragulatlona, publlahad In 0*c. 10 Padaral Ragittar, will dealgnate more than 300 chamlcala aa poalng an lamlnent and aubatantlal danger to public health and welfare whan aplllad Into watarwaya. If deelgnatad aa haaardoua, a aubatanc* la coaaldarad to b* nonranovabla; a harmful quan tity 1* determined; and panaltlaa ara asseeaed for apllla In axcaaa of that amount. Padaral Hater Pollution Control Act require* that "harmful quantity" ba de fined for each designated aubatanc* for purpoaaa of aplll reporting and anforeamanc action. To simplify this procedure, SPA has proposed that tha substances b* grouped Into four classifications based on thalr relative potential haaard to tha aquatic environment, with a relative harmful quantity assigned to each class. Harmful Quantity Poternlnad bv Aquatic Tonicity Harmful quantity la determined by tha aquatic tonicity of the aubatanc*, aa measured by tha concentration that 1* lethal to SOX of test organism* over a 91-hour period (LCjq). Tha moat toxic subsetices would ba listed a* Category A, having an LCjn of lass than 1 part par million end a harmful quantity of 1 pound. Category B would ba thoaa aubstancaa with LCjq that la greater than or aqual to 1 ppm and laps than 10 ppm, with harmful quantity aat at 10 lb. Category C aubstancaa would have- LCjq that la greater than or aqual to 10 ppm and lass than. 100 ppm, with harmful quantity aat at 100 lb. In Category 0 ara thoao aubstancaa with LCjq greater than or aqual to 100 ppm and laaa than or equal to 500 ppm, with harmful quantity eat at 500 lb. In apedal waters, defined ae thoaa which ara drinking water reservoirs, pare of a designated National Wildlife Refuge System or pare of a designated National Poraat Hlldornaaa, National Nark System or National Wilderness Preserve System, SPA proposes that any quantity of a designated substance-bo coaaldarad a harmful quan tity when discharged Into auch waters. Under FPHCA, EPA hae tha discretion to aat panaltlaa on tha basis of $500 to $5,000 par discharge or on tha basis of $100 to $1,000 par unit of maaauraaant, with a maxima of $5-mlllioa for vaasala and $500,000 for onshore or offshore facilities. SPA proposas that the former system ba used "unless tha Administrator datarndnas that gross negligence on tha part of tha owner or operator of tha vassal or facility la tha cauaa of tha discharge, or that after the discharge haa occurred, the owner or operator haa dlaplayed grnaa negligence in minimising or mitigating effaota on tha public health or welfare." Mora Etrlnmant Panaltlaa Sat for Groan Neallaanca Whan gross nagllgaada la found, panaltlaa would ba assessed under tha latter system. To aat panaltlaa In that manner, EPA haa datarmlnad tha unit of measurement for Cataaory A aubstancaa to ba 1 lb., Category B to ba 10 lb., Category C to ba 100 lb., and Category D to ba 500 lb., and has assigned a bass penalty rat* of $1,00 par unit. Because all substances within a category era not equally damaging, agency proposes to aubcatagorlia tha aubstancaa according to physical, chemical and dlspor- aal characteristics and aselgn adjustment factors. Subcatagorlas and thalr adjustment factors arat Insolubla Volatile floatar . (0.11, Insolubla Nonvolatile Floatar (0.23), Insolubla Sinker (0.36), Soluble Mlxar (0.49), Precipitator (0.62), Soluble Sinker (0.75), Soluble Floatar (0.SS), and Mlaclbla (1), If a Category A aubatanca la an Insolubla Volatile Floatar, penalty rata would ba $1,000 tines tha adjustment factor of 0.1 to equal $100 par pound. la soluble Volatile Floatar In Category C would have a panelty rat* of $100 par 500 pound* of aplllad aaterlal. . MQNS 032892