Document oDK0JOoM6g5Xa96ZJwDjGQMOg

wV'?-; ` ,sr I'NITtiO GT ATTACH.'irfIT RO-CD-72-^O ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. ZO.tCO April 24, 1972 MniORAKDU'l TO: All Regional Administrator FROM: Asoistnnt Administrator `for Enforcement and General Counsel SUBJECT: Policy on PCD'o Until further notico, the following policy should bn followed by the TciMiit Program with respect to processing of permits for sources of Polychlorinated Diphenyl discharge:;. It is understood, of course, that by reason of the District Court injunction in Kalur v, Resor, no permit may be actually issued at the presentation* It is the policy of the Environmental Protection Agency that all dioch-rgcs t<? the aquatic environment involving Polychlorinated Diphenyls (PCD':;) be restricted to the lowest possible level. The goal of the policy is to achieve levels in the environment sufficiently low that flr.1i and other aquatic organisms will not bo damaged, that accumulations in edible X;:h will not exceed the FDA guidelines of 5 parts per million In the edible portion. To implement tills policy, we will restrict knowing discharges to tlui lowest aclv'etfnble level by placing all present dis chargers on an implementation schedule which will seek to bring about no discharge from known sources of contamination as rapidly an possible. It must be recognized time there are reservoirs of PCD's in newer systems and /n waterways as a conscqucico of previous use. Wo should anticipate a docllnc oyer the next several months of PCB discharges from these somccs oe the sources arc gradually cleaned out. At the present time, the Monsanto Company is the solo U.S. manur.irturcr and the manufacturers of capacitors and transformers are the only mui t. Monsanto sells to no one else. We believe that there are lens than SO individual plants involved in these uses. In addition to these sounr.j, there are known residue in paper that is recycled, therefore, seme residue in waste from piilpmiLls can bi anticipated. These, too,`should decline over tho nc::t several moothri* rCB't* were uned in heat transfer systems, MONS 098358 -2- ATTAf.liTilT no-Fn-7?-20 (is hydraulic fluids, In cutting oils, etc., in the past, but Monsanto linn stopped sales fur these purposes and ban reclaimed an much no possible from tl"':;u user1.. It ia anticipated that by the end of 197'1, amounts reaching the environment from former users should bo greatly reduced ot near zero. The dcaired Unit in barer la 0.01 parts per billion. Our beat indicator of TC1S contamination in various waters, however, will lie residues ill fish or in other aquatic organisms. Excerpts from two briefing memoranda prepared by the Office of Rem arch are attached. The interagency task force report will be provided to you as soon as. it becomes ava'labia (it is now at the printers). Attachments tysr-Xl-. -(-i. _ (b/hn R. Quarles, Jr.' MONS 098859 February 4, 1972 AI fACin HI ro-cu-'/mo Briefing I'.u'aoraudur; -- PCU's (Prepared by Lhe Office of Bex :auch) I For the last several months there has been an interagency tuck Torre on rCU's. It is nr-.: drawing together a document for publication. While there arc many cnp.s in information about sources, occurrence, and cfTcctr. of PCBfs there i:; enough known that we probably should consider some actions in EPA oc tlil's t.!.na. The salient facts follow: Amounts ilnnufectur-d Monsanto is the solo manufacturer of PCB's in the United States. In 1970 its domestic solos v?cro about 36,000 tons in a number of different, (trades. That was approximately twice the amount manufactured in 1960. 1971 expected sale.' wore down to about half the 1970 figure. While formerly used or; a dielectric fluid in transformers and capacitors, as n hydraulic fluid and luhrica. t where fire retardant characteristics' ore important, as n plasticizer, as an additive to paints, pesticides and numerous other products, find in enc-ipuulrtin^ for carbonless carbon paper moat uses have now been elinitiated by Monsanto. Continued use is expected only in some Urnnsfurmern and capacitors. Sources i.o_ ike Jlnvir-ur t_ Air. There a -a no reliable data on PC?, concentrations in air. Pour measurementu have been made that suggest presence in three different cities. There is also a reference to the presence of PCB's below quantifiable Jcveis in precipitation in Great Britain. In this country, the Ccolo^lcal. r.ns-wy of Intcrliv has looked for PCB'o in precipitation samples in Florida but they are not certain of their results'. Certainly PCB's are not present in level.) os high as 0.1 oC a part per billion (ppb). Through the Pestle idAir llonioring Program some samples will be combined and analyzed for PCli's and we will havu oomc <;t .mt.ltftt Lvc information within a month or so. The point for new is th:.t PJB's in air are below levels that would cau* u: to need to regulate. VJe do need to learn about PCB*s in air as a transport mechanism. Sources in nir probably include open burning nt dumps nnd possibly uni'urnju particulates from incinerators. Vapor lea:: Ion is known to ucci:' from plartlc-v. Complete incineration is not likely to result in re;) ruuiihw in nir. MQNS 098860 /iTT/icinniT z RO-UJ-'/Z- '0 .'i'JlJf.- I'lhi'n enter the aqii.tLi.c environment from both industrial nml nit. i..:!!> ! sever outfalls, 'flu', usual treatment of municipal ci-..m;;o 0in. I\ J in;; combined imimitrial-ir.uuicipal) results in PCIJ'a being present ill both sludge an,! liquid effluent. The total amount of municipal cCr.Kisnt r.mgss from less than 1 ppb to a few tens of ppb. Some industrial outfalls contain hundred:; of ppb. The cstiuiato of the total input to the aquatic environ:, ant by Ur. Sarofim of Harvard is 4,000 tone per year. X thinl: that tiuisN r i,iay be high, particularly with the decreased line of PCIi'y. KurUieni'iro, Ur. GarofIra's ecilwste includes accidental discharges. Dumps. hr. farofim estimates the largest amount of PCll's ends up in dumps -- 7.0,00,1 tons in 1970. So Ions as the dumps are not burned, there probably is relatively little transfer to other parts of the environ ment. , Effects of von's ' PCIl'o have been shown experimentally to kill shrimp and some fish at concentrations as low as 1 ppb in water. The Food and Drug Admin1stration has established a guideline of 5 ppm in fish. Japanese experience with the Yushu incident suggests that a total intaku of 1/2 gram was enough to cause overt symptoms in man. Concentration foetorn. Fioh, shrimp, and crabs arc known co concra'-ate PCD'u from levels in water by factors of up to 75,000 with exposure levels aa low aa 0.1 ppb for fish and .05 for shrimp. Recommendations EPA should estnblich guide] incr. for PCB's in water- of 0.01 ppb which will be sufficiently low that concentrations in fish .should not exceed 5 ppm. 0.01 ppb in 1/500,000 of 5 ppm, and thus thi3 concentration ulnuil,! not result in TCI) levels in fish as high as the 5 ppm guideline of FDA. The 0.01 ppb level Is sufficiently low that fish and other aquatic organisms should not be damaged. In operational terms, we should limit TCD discharges under Llic 1.999 permit procedures. The allowable discharge should not be more than an arnoui t that will result in .01 ppb in the receiving water at mean annual flow, assuming uniform mixing. After Monsanto's sales restrict tons become fully effective, there vfll bo relatively few plants that discharge PCll's in substantial quantity. These will principally be electrical manufacturing concu'ns that manufacture capacitors and transformers. Electrical utilities may also bo sources if they refill their own transformers. (PCli's are manufactured in ot! <-r countries. So far as wc. know, they am not imported, except ari components of plastic:!, electrical equipment, etc. Wjl.li Mmui.uit >'h rentiIctinus on salon in the U.S., there liny he a desire to import the materials for useu that Monsanto does not provide for.) MONS 098861 -3- KU-I.D-/^' Monrunto, as the solo U.3. manufacturer, will be another co;*:|\my requiring eff/werrt perMittt. At l*east for a while, some paper compmloy may have restively M.glt PCJ1 residues from recycled paper, but tliccu concentrations should diminish r.iuce PCB'g are no longer used in carbonicon Carbon paper, the principal source in recycled paper. EPA ahoitid encourago reduction in use of PCS's wherever there are acceptable substitutes. When there are no acceptable substitutes, and when it io used in closed systems, we should entourage adequate industrial nonit.ntion to minimize Icntege to the environment. '. Me should sample sewage sludges from time to time now that PCD use Is decreasing and should consider prohibiting dumping of such sludgej at cca if the 1'Cft levels do not drop. We should also prohibit'dumping of PCB-containlng industrial wastes in the oceans. MQNS 096862 March 27, 1972 /U i/u;iru/j R0-rU-72-30 JUcoor..c'adntlnna on PCH Policy (Prepared by Thu Office of Research) narl-Rroy^d FolychlorlnateJ Biphenyls (PCB's) arc chemical compounds that have hcvn vide1)' urrd--as flame-proof dielectric fluids in transformers and enpeci tom;; as plar.ticlxcrs in plastics, sealants, caulking compounds, etc.; an p*$r ic.I.de extenders; as lubricants, heat transfer and hydraulic fluid*; even A3 ingredients in heat shields on nir to air missile's. About 1,fjf'0,,000 pounds have been produced in the United States since l`Jjd hy Montr.idu. There are no other producers of rcu'o in the Unite.! States,-hut PCB's are produced in a number of foreign countries including Grr; ( Britain, France, Germany, ond Japan. Adequate replacements for PCB's exist for all uses except for use in f.irt prof- capacitors and transformer fluids, Monsanto has voluntarily wlthdr.v n PCK'n from the market; except for the capacitors and transformer linen. Then'* uses arc in closed system*, and good industrial practice can prevent PCB's from these uses reaching the environment. Worn out capacitors nr: disposed of solid v/a.cti, and presumably present only minimal threat to the env{rennvfotr because they ;ro sealed and little if any is believe to 1 carte, )4nd fills. There may la a possibility for using other disposal methods; with largu capacitors. There is no existing legal authority for control of manufacture, import, or use of PCI'.'.'i. Passage of the Toxic Substances Control Act would, of course, make such regulation possible. It is possible that Monsanto's voluntary restrictions will result in import of PCB's, or of other companies mamifaeturl; g PCB's in this country (patent protection has expired long r.tnce) The intent of Che proposed EPA policy is to use the authorities that wo. do have, to regulate the controllable sources of PCB's to the water cnvironncr.t It Is impr rtant to note that we do not believe it is necessary to regulate l'CB'o In air--in fact, wo don't have adequate methods for measuring thu; In nir, even if we did want to regulate. We have already taken come actions to control PCB's; i.c., require! pesticide r >;Intrant*; lo reformulate their products to eliminate PCB's, either aft inert or activo ingredients; and Included PCB's in our list oC hriftnrrtouft materials in the proposed regulation under section 12a of PL 600 now awaiting 0MB "co u'dinatlon." * Other Wdurnl Ap/mcics nrn taking ov have taken actions to concm' IDA liar. c.iAabllfched interim guidelines of 5 ppm In foods, and these gnid-lJttCM a rtf, monitored by FDA and UbJ/% in the ease of poultry products and mp.iL:;. MONS 098863 n t im.n fi , i RO-C0-7C-3O FW ha* pvayvad regulations prohibiting PC'd-cuntajirnp, recycled pulp in fond pfcKattiug iMtertAln, n temporary (nnu-year) tolerance of PCft's Jit Ail packaging materials. IDA has prohibited Uic use of PCU*:> n f4 pn>c**Ju},; )>1..niu. . Spgrfftp. ^ucsC tcmA 3, llo* v.Lll the propound EVA policy bo announced? The In.* tovgcncy T.-r.d; Force report will bn released with a news redoing thr.l: Inchulrn statements about Federal net Iona taken and proposed. At pr*%*rr, it huics statements consistent with the proposed EPA policy. In addle ion, when the EPA order is issued, an EPA news release thouf.4 be issued specifying iu detail and explaining the EPA actions. 2. Hnw Will it be enforced? remit:: for the electrical industry (and PCB manufacturers) will Spec It I o41fy prchlblt discharge. aC FCU'u (technically possible to achieve tbS /evef of ccc Uul) The electrical industry is net the solo logitimto user of f*CB*. Hon*taring data from fif;h, rhellflch, and water will be ex:.mined to revest locations vlth high PCB cun: "nt* Thr-^e areas enn thro he subject' to fc.l/oMJ up studio- fa determine sources, and enforcement actions under rha Refuse-Act initialed where warranted. .As noted iu the background paper fC&*% w)l t Cvutinae to reach Clio environment (In decreasing amounts) frou Secondary sources such as recycled pulp, and from undetected or unknown . .leaks fiow o;u r.p:*.:.*;L in which TCP's arc used ns heat transfer and hydraulic fluid until tin: change over to replacements is completed. By the end of JS*7Z, there should bo drastic reductions in PCB's in us* in systems where they would bu oxj>nc:*crI to rc.-.cji the environment (unless new supplies b-rcumo AW/Uble through Import or ncw'ioanufncCurcrs). Areas v;i:.h kncwv high levels of PCB discharge can be monitored closely to assure rapid decrease in PCB discharge levels--Day ton, Ohio raid Lai A series ar? tramples of such areas. 3. hluit are the other options? The options considers 1 were: ' --No action by KTA, annulling that the Monsanto restriction v.*o Id Ik: Sufficient to achieve acceptable environmental levels of PCB. --Including PC.Vs aa a hazardous air pollutant and a hnkardou nv.\terl.".l nn:!*.r PL 060. --Enforcement actions under the Refuse Act on the bads MQNS 098864 -3- attach: if'-^T liO-CD-72-:o no fintn/fo now motion J'Cn'c and hence no knowing discharge: of PC/Jf* will be t --Requiring the States to Include PCD In the water qualify r;f<iftd4 7tfs as Lhey are revised, and wring the usual conference fnic4ures> etc. fr enforcement.. The revised "Green Hook" is expected to incite recotw*endationa on allowable levcl3 of PCli's consistent with the praised policy. --Using the construction grant program to renuJ re won`c lfal.lt to enact regulation* that prohibit discharge of TCli's (and ether hazardous materials) to the sever System of which Che grant project is o part. --Prohibition of discharge of PCB'g by users of PCli'n. * The policy proponed Vein br3c.l on the following facts: 1. PCli use has Von severely restricted by Monsanto (fhe rolfc U.S. manufacturer) , an:' l'C3rs reaching the environment will rapidly decrease 2. The elccrrh-al industry will be the sole legitimate i\*er of pC6's. It in technologically possible to use rCB's here without contain in* r/.a g the environment*. . 3. PCB's are on the list of hazardous materials proponed unde* the* water pollution law.. . 4. Occurrence of PCS'c in air Is at very low levels, ami is no't believed to pone cnvircnr.autnl problems. Furthermore, PCH users lh. M. contributed PCU's to the air have been largely eliminated (pesticide use, uvu In plastics, etc.). 'Some may roach the air from inadequate ineLner. of l'Cil-conta inlng matcrialn. * 5. PCJl's arc present in some plastics, paints, sealer?, c;nbon-less carbon paper and other manufactured products. As stocks of Ihese m.itvv-In m*e used up nud tlir,*tn;ed of or recycled, noma PCIJ'n v/1?' reach the. environment. The amounts should decrease rapidly, since TCiJ'n are no louggr sold for such uses. l'CP's have been used in heat tr.-msfi'i: syr.tr;':: and as hydraulic fluids, lubricants, nud cutting oils. Mon:;.\r:n li. ir; ant only withdrawn I'CH's for thc.vv uses, bur. linn actively worked wiih users to h .ve the mihatancuo replaced in.vjdiatoly. Uonnanto accepts the used materials fo- dir.posal by high temperature incineration. The rcccKWKV.dod policy war. intruded to provide immediate action tli.u would "back iq " Ihnirv.ato's voluntary ro::tr let Jons, and at the same tine would roeognir.o the inevitable nature of noma TCP. residues. It would MQNS 098865 f Al lAUr-il l'll - ft - R0-C0-7?-3n fcttucai ]<:;;itiir.-itn uat-s and iceondnry ooureos of contaminttloit. It vucwM Judicata a coat Cot alluuablo levels In water. It will not prt.cJ.wdo additional actions* later if theaa appoar noceuenry (for exompJe, lioalln;; with l'CB disicharcco to nunclpal syctoos If FCB levels' dn not decline ni Case aa wo expect). MUNS 098866