Document e1843xzyov6j9vNpEdMjNDw8q
1441
Current Developments
Chemicals
EPA PROPOSES PROGRAM. REGULATIONS FOR ELIMINATING PCS PRODUCTION. USE
A program to reduce the "serious threat'' of polychlorinated biphenyls (PCBs) by eliminating their production, importation, and use "as rapidly as possible" was announced December 22 by Environmental Protection Agency Administrator Russell E. Train.
' 'PCBs constitute a significant hazard to human health and the environment and must be immediately and effectively controlled with every means at our disposal," Train told a press conference. However, he said, EPA has no authority under existing law to stop or restrict uses of PCBs, and until posauge of toxic substances control legislation, "we must rely heavily on voluntary actions by industry."
The EPA program consists of the following regulatory and administrative actions:
EPA regional offices are to work with the states to es tablish requirements under the National Pollutant Discharge EUminutlon System to eliminate PCBs from the process wastes of all manufacturers of PCBs and of capacitors and transformers that use PCBs.
Manufacturers of PCBs, capacitors, and transformers are requested to develop as rapidly as possible "safe and en
vironmentally acceptable alternatives" (or PCBs. Train raid a meeting with manufacturers will be scheduled in January
to "discuss and lay out" specific plans. Electric utility companies and other major users of
capacitors and transformers were requested to control the use and disposal of their PCBs. A meeting to discuss this goal also will be scheduled In January, Train said.
State governors will be asked to "examine and apply thdr Authorities to deal with the PCB problem."
Federal agencies will be asked to inventory their uses of PCBs and PCB-conUining materials in order to develop plans for their adequate management and safe disposal.
Programs will be initiated to find ways for eliminating discharges from other sources of PCBs, such as paper recycling operations, the investment casting industry, and the dispoaai of electrical consumer products.
Under Section 311 of the Federal Water Pollution Con
trol Act, regulations will be proposed soon to control en
vironmental damage (or spills of hazardous substances, in
cluding PCBs.
Proposed Reputations
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Hie proposed regulations will include a list of more than 300 chemicals the discliarge of which would pose a danger to public health, bused on the results of toxicity tests conducted on mammals, lish and aquatic plants. Train said the list may be modified an needed, and he said, inclusion of a particular Kolwumec mi tlic list depends on evaluation of toxicological
data as well as information on production, distribution, and UIUV
Tim proposals will state that the designated substances are considered "nonremovable" due to chemical and physical
characteristics, a determination which "does not relieve the discharger from the responsibility to take emergency response action to limit a spill's harmful effects on the en vironment," Train said.
The proposed regulations will group the designated sub* stances in four categories based on their relative potential hazard to the aquatic environment. A "harmful quantity" figure will be assigned to each group, to apply to all sub stances within the group.
The proposal also will include fines up to 15 million for Il legal discharge or spill of the designated substances. However, a fine of more than 15,000 can be assessed only in cases where gross negligence is shown to be the cause of the
pill or where there is failure to take action to limit the harmful effects.
The proposed regulations will apply to all discharge sources, including transportation systems such as tankers, and to fixed facilities such as industrial plants. They will complement existing oil spill control programs which EPA conducts with the Coast Guard, the agency said.
Train Outlines PCB Situation
Train told the press conference an estimated 700 million
pounds of PCBs have been produced and used in the U.S. in
the past 45 years. Although some of this has been degraded,
the majority of It is contained in landfills and bottom
sediments of lakes and rivers and in air and water concen
trations, he said. About 300 million pounds are currently In
use, he added.
Train said the PCBs already in the environment are the
most troublesome problem to be faced because they are
about 20 times as persistent as DDT. He Mid direct
evidence currently demonstrates a negative health effect on
humans from PCBs, but experiments on primates have
resulted in loss of hair, skin lesions, and liver changes
(Current Developments, November 28, p. 1331).
Train said the Monsanto Industrial Chemicals Company is
the sole producer of PCBs in the U.S., with an annual produc
tion of 40 million pounds. Another one million pounds are im
ported annually by transformer and capacitor manufac
turers, he said. There is "no reason to expect non
cooperation" from industry in this program. Train said.
Stops that could be taken by Industry, Train said, are to
label products which contain PCBs, to eliminate the use of
PCBs if alternatives exist, to accelerate research on and
testing of substitutes, and to ensure that PCB-containing
products remain in closed cycles during use and when dis
posed.
Train said he hopes toxic substances control legislation
will be passed in the next session of Congress, but he "did not
want to use the lack of legislation as a crutch for EPA inac
tion." He said the proposed program would not lead to "quick
and c-jsy reduction" of the amounts of PCBs already in the
environment, but control of discharges would help arrest the
rapid growth of the problem.
*
"Ultimately, however, only the elimination of PCBs will
yield a significant and permanent solution," Train said.
Copyright 1975 by Tbs Bwroou of Notional Affairs, Inc.
HONS 066226