Document rB4eByzyKGre6xm440gn7Kb4J

.S. bO Monsanto .SPECIALTY CHEMICALS DIVISION MONSANTO INDUSTRIAL CHEMICALS CO. 800 N. Lindbergh Boulevard St. Louie. Missouri 63166 Phone: (314) 694-1000 August 7, 197S Dear Sirs: EPA Proposed Rule: Polychlorinated Biphenyls (PCS's') Manufacturing, Distribution In Commerce and Use Bans. On June 7, 1978, the United States Environmental Protection Agenc ("EPA") published a proposed rule in 43 Federal Register beginnin on page 24,802 covering Manufacturing, Processing, Distribution in Commerce, and Use Bans of Polychlorinated Biphenyls (PCB's). We attach a copy for your information. We believe that your company may have used Therminol FR series heat transfer oils prior to their replacement by non-PCB fluids. If adopted, the proposed rule, on its effective date, would tan the operation of heat transfer systems containing residual PC3 concentrations above 50 parts per million. Monsanto is submitting to the EPA the attached comments which suggest and/request alternatives to the proposed rule and a specific authorization for the continued operation of heat transfer systems containing residual PC3 concentrations. Since there is very limited reference to PCB's in heat transfer systems In the proposed rule, we wished to ensure that you were aware of its potential impact on your operations. In the event that you converted systems from Therminol FR heat transfer fluids to our non-PCB fluids, Therminols 55 or 66, continued . . . ''Registered Trademark of Monsanto Company" a unit of Monsanto Company Page 2 August 7, 1978 we attach copies of methods for determination of PCB levels in these fluids. We hope that our comments will be helpful in your own assess ment of the potential Impact of this rule. tmc enclosures Heat Transfer and Process Phone: 314-694-2623 WEDNESDAY, JUNE 7,1978 PART III ENVIRONMENTAL PROTECTION AGENCY POLYCHLORINATED BIPHENYLS (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Bans 24802 proposed turn (8580*1] KNVKOMMMTAl PROTECTION AGENCY ^ tyiu.ue-41 ing holidays. Bearing transcripts and other hearing materials will be added to the record as they become available. CoetpewsoRea for participation. For persona meeting certain requirements, compensation ter participation la finds that it win not preeeat an unrea sonable risk of injury to health or the environment (see. <teX3XB. If he flttkM mdk ft UndtaVy 4dntaiitfffti tor may authoriw the activity to con tinue until January 1.1979. for manu (40 CK fort 7*1] rOtrCHUMUHATfS MVHMYU (far.) these prooeedlaas is available. EPA'a facturing; or tmtfi July 1. 1979, for temporary rale regarding nompenea iwunmalng and distribution la com tlon can be found In 42 PR 60911, No merce. A nontotally enclosed use may vember 30. 1977. Copies of this rule be authorised for whatever period the are available from the Industry Assist Administrator finds appropriate. ance Office. Office of Toxic Sub Section 8(ex3> of TSCA bans any AGENCY: Environmental Protection stances (TS-793). Environmental Pro manufacture of POTS after January 1. Agency, tection Agency, Washington, D.C. 1979, and any pweeating and distribu ACTION: Proposed rule: notice of In* formal hearing. SUMMARY: This propoeed rule le de 20480. Copies may also be requested by calling EPA't toll free number. 100 424-9068 (in Washington. D.C, 884- 1404k Persons who have queattena tion in commence of PCjrs after. July 1. 1979. oven if authorisations for those activities had been`previously promulgated. Bowsrsr, ths ban on dis signed to Implement provisions of tbs about this- program (other than re tribution in coaunmoa dose not apply Toxic Substances Control Act (TSCA) quests ter copies of the rale) may call to POTs sold before July 1. 1979, far prohibiting tba manufacture, proeeaa- or write William P. Pedersen, Jr, purposes other than resale. Upon peti ln(, dUtributlon In commerce, and use Office of Oenerald Counsel (A-120), tion, the Administrator may giant ex of polychlorinated biphenyls (PCB'i). Environmental Protection Agency, emption* which would allow specific and to provide several limited excep Washington. D.C. 20480, 202-428-0002. activities otherwise banned by section tions to these genera! prohibitions for A Support Document/Volurnary MeXS) to continue If he finds. In each activities which will not present an un Draft Environmental Impact State case, that there will not be in unrea- reasonable risk of Injury to health or ment contains background informa eoaable risk asmdeted with continu the environment. tion on POT'S, Information on the ing the activity and that good faith ef DATES: Written comments preferably In triplicate must be received prior to the close of business Aucuat 7. 1078. Bearing date and time: August 21, 1278 at to am. Requests to participate In tbe hearing must be received prior to close of. business on July 21, 1978. For persons meeting certain require ments, compensation for participation In these proceedings Is available. See Supplementary Information below. ADDRESSES: Send comments to: | Office of Toxic Substances (TS-784). Environmental Protection Agency, 421 M Street SW,, Washington, D.C. 20480. Attention: Jonl T. Repasch.; Bearing will be held at EPA Head quarters, Room 2117 (addreas above). Address requests to participate to Jonl T. Repasch (address above). FOR FURTHER INFORMATION CONTACT, risks which POT'S present to health forts have been made to develop a sub and the environment, analyses of the stitute for PCS which Itself does not economic impact of the rule, support present an unreasonable risk. These for the regulatory actions proposed, exemptions an be granted for only one discussion of the alternatives consid year at a time and may be conditioned ered, and the list of documents con by requirements tbe Administrator tained in the official record of rule making. This Support Document can The term -autboilifttton'* is use* be obtained from the Indutry Aariet- throughout this rulemaking whenever ance Office, Office of Toxic Sub roferenoe is made to exceptions to the stances (TS-793). Environmental Pro "totally enclosed manner" require tection Agency. 401 M Street SW, Washington. D.C 20460, 800-424-0065 (In Washington. D.C, 554-1404X EPA held meetings July IS, 1977, la Washington. D.C, and July If. 1977, in Chicago. The public was invited to provide Information and comment rel evant to this rulemaking. A notice of these meetings. Including a discussion of soma Issues for consideration, was published in the Fxmku Raima an- - June 37.1977 (42 FR 32888). ments (section MeX2)X while the term "exemption" la used only in reference to exceptions to the 1979 bam (section Kexm These are the terms used in TSCA, and their use here reflects the statutory differences between theee two types of exceptions. 8actlon 3(7) of TSCA defines "manu facture" to Include Importation. Thus, nontotally enclosed Importation la banned after the effective date of this regulation, unless authorised by EPA. and any importation h banned after Peter P. Principe, Office of Toxic L Smauxr or AmicuLX Pxovtsxaxs January 1. 1979, unless EPA grants an Substances (TS-794), Environmental Protection Agency. 401 M street SW, Washington, D.C. 20480, 202 758-0920. SUPPLEMENTARY INFORMATION: The Environmental Protection Agency proposes this rule pursuant to the au thority of 1<K> oi the Toxic Sub stances Control Act (Pub. L. 94-489: 90 Stat. 2003:15 U.ac. 2801 et sea., here inafter referred to as TSCA). The pro cedures for rulemaking under f S of TSCA (40 CFR Part 780), 42 FR 81289 (December 2, 1977). will be followed. or TSCA Section <XeK2> of TSCA bans the manufacture, processing, distribution in commerce, and use of PCB'e In any manner which 1s not a "totally en closed manner after January l, 1978. The term "totally enclosed manner, is defined In section eX2XC) as "any manner which win ensure that any ex posure of human beings or the envi ronment to a polychlorinated biphenyl will be insignificant as determined by tiie Administrator by rule" The Ad ministrator therefore must decide exemption. Section ISCeXl) of TSCA states that if a substance, mixture, or article is manufactured, proceawd. or distribut ed in oommeroe ter export, and la so labeled. It is not subject to other sec tions of TSCA unless the Administra tor finds that it "will present an un reasonable risk of injury to health within the United States or to th* en vironment of tbe United States." In other weeds, in the absent* of wch a finding by the Administrator under asotloa 12(aX2X PCB'e could be manu factured, proocmed, or distributed In' The official record of rulemaking Is lo what constitutes an Insignificant expo commerce for export. However, a find cated In Room 820. East Tower. Envi sure to PCB'i so that he can distin ing of unreasonable risk has been ronmental Protection Agency. 401 M guish between totally enclosed and made by the Administrator so that the Street 8W,, Washington, D.C. 20460, nontotally enclosed activities. The Ad manufacture, processing, and distribu 202-788-1188. It will be available for ministrator may authorize nontotally viewing and copying from 9 ajn. to 4 enclosed manufacturing, processing, te commerce of POT'S for expert be prohibited (see Section VII of p.m., Monday through Friday, exclud distribution in commerce or use if he this Preamble). flbtitAL M0UIK. VOL 43, NO. UO-WteMSOAV. JUM1,1*9 MOtOSCD RULES 24803 IL Bunu w m Pxovomm Du 179}.it--Prohibitions. This sectloa issisvn Su c ns Dhnml dd ifatsaM Ruu This proposed rule Is tjM second lamed under sectloa Me) of TSCA. Section AcsXl) requites EPA to pro mulgate rules governing the dispose! and srklng of PCB'*. This rule u published on Febniary 17. 1978 (43 PR 71W). u Pert 761 of Tltls 49 of the Code of Federal Refutations. This pro restates the manufacturing; process ing, dtatrftmtiou tn commerce, and use bans contained in f Me) aa described above. It also includes tbs Administra tor's finding* that: (1) the manufac ture, proofing, and distribution in oommeroe for expert of PCS'* pose an unreasonable risk; and (3) that the dis tribution in oommeroe and use of cer tain transformers and capacitors Is totfiiy anoloiid f 76l.|g. Contingency Plana for PCB Exposures and Spllla. This section prwpooea requirement* for the content, availability, and us* of a contingency plan for the prevention and control of PCB exposures and spills. Plane would be required to thoee activities which arc granted authorisation*. IV. Dnceaaron or ns Faofotm Ruu posed ban rule would Implement sec f 7W.JI--AalAorUcfions. The follow a. airucaxturr tion MeX3> and section MeX of T8CA. When promulgated, this rule wlU be added to Part 76L An effort has been mads to avoid neediest rep etition of provisions of the Dtroosal and Marking nils. Deflnttioaa used in this proposal that have already been promulgated are not repeated here. Where a change In the Disposal and' Marking role it proposed, the entire paragraph affected bp this change ap pears here. The changes to the Dispos al and Marking requirements reflect the proposed change to the definition, of "PCS Mixture" whioh, If adopted, would extend these requirements to certain maurlala net currently cov ing authorisations for continuation of nontotally enclosed activitlse ars pro posed: servicing of transformers, pro cessing and distribution tn commerce of PCB dielectric fluid for transformer servicing, use of railroad transformers, use of mining macblneey, innovating and distribution in oommeroe of PCS fluid lor rebuilding continuous minor motors, use of hydraulic die f systems and use of PCB carbonless copy paper (Sat Figure 1.). The term "Transformer" refers to transformer* not used on railroad locomotives and self-propelled cam. transformers used on locomotives and self-propelled can an referred to as "Railroad Trans The proposed rule would apply to any person who manufactures, proc esses. distribute* in commerce, or uses PCS'*. The term "FCBur include* the chemical robetancet themaolvec any wtixinre reiixixiwx 10 oem or more of a PCB chemical substance; ar ticles whose Interior surfaces are la contact with PCB suhstanw or PCB mixtures cwoessary to tha function of the article (ejt, small capacitors); and any container which holds PCB chemical substances, mixtures or arti cles and whose Interior surfaces are In contact with PCS chemical substances or mixtures not necessary to the func ered. A notioe centsthing corrections former*." The uao authorisations ex tion of the article or container (e*. and clarifications of the final PCB Disposal and Marking rule will be pub lished In the Fronuu. Rsoxsnu short* pired five years after the effective date of the rule. The need for some authorisations will have ended by that pipes and drums). This rule would sot apply to "PCB Article Containers". Meet PCS'* currently in service are ly. gt 8oMMAirr orng Rots' time and otbeta may require modifica used la electrical transformer* and ca tion to refleet new circumetanoae. At pacitor*. Therefore, this rule would that time, EFA will reevaluate tha apply to persona who manufacture, This section provide* an overview of need for the authorisations. the arrangement and contents of the rule. Individual parts of the rule are Pcseasl tell, transport, use, aorvtoo. or repair electrical transformers ssd repealtor*. Eleetrte utilities and other businesses discussed in more detail tn section IV of this Preamble. soicusar or nosotxD seisoausnone which own or operate large tlectrloal transformers cr eapaettors (ejt. ha 17S1.J--ApplloaMtttK This section Authoritation and Expiration Date bunding* and ha railroad equipment) reflects the proposed addition of the a Trxnsfonners-Ure (Servtdngi,1 a yean would be subject to the rule. Persona section < (eX2) and (eX3) prohibitions to Paul 7*1. The only substantial after tbe effective date of the rule. b. Transformer Dielectric nuid-Prooeeeins who manufacture or dfgtrfbute equip ment containing PCB eapaettors such change proposed in this section from end Distribution la Commerce,' July 1, let*; M televisions, microwave ovens; light the present regulation is the exclusion of the manufacture, processing, distri bution in oommeroe, end use of smell quantities of PCBf for research and development from the requirements and prohibitions contained In { 761.30. yearly exemption required thereafter. e. Railroad Trmnsformer-Uee.1 i yean after tbe effective date of the rule. d. inning Equipment-Use.' December 11, ipel. for both oontfcraou* miner* aad load er* except that It months after tbe effeoUvo date of the rule there can be no roouild- ing equipment, and air conditioner* also would ho subject to the rule. Ac cordingly, new PCB equipment cannot be add after July 1; 197*. unless aa ex emption Is granted by EPA after re ceiving a petition (see section JV-P of I f.2--Definitions. The existing tng or miner ajotoia, this Preamble). One* equipment con definitions of "PCBtil" and "PCS e. Minins Xaulpment-Proeesanc and DIs- taining totally-enclosed PCB's has Mixture" hav* been modified. EPA tribetlon in Commerce,1 July i, JSUB; yearly been sold to the ultimate consumer for proposes to decresse the lower limit ot the definition of a "PCB Mixture" from 600 ppm to SO ppm PCB and to add the term "PCB Sealant, Coating, or Dust Control Agent" (which Is a exemption required thereafter. f. Hydraulic Die Casting Bystem-Use. S year* after the effvctlre date of the rule. I. Carbonless Copy Pseer-Uee. I yean after the effective date of the rule. Stnoe Intact, nonleaking transform personal use, there can be subsequent sale of the equipment as a used item to anyone by anyone. EPA Invites comment on this matter. Manufactur ers. owner*, operators, and servicer* of newly defined term) to the existing ers and capacitor* are considered to hydraulic and heat transfer systems definition of "PCKsl". Nine new defi tally enclosed, authorizations are not containing PCB'* (e.g., die casting ma nitions have been added. needed for the distribution In com chine* and mining equipment) also f ntJt--Disposal requirements. In merce and use (except servicing) of would be affected by this rule. Al response to the proposed change In Intact, nonleaking tnuufonsei* though most hydraulic and heat trans the definition of PCB mlsture, a (except those used on railroad looomo- fer systems are no longer refilled with method is proposed for the disposal of ttvos and self-propelled can)' and PCB's. many are still contaminated transformer* that contain dielectric intact, nonleaking capacitors. with residual concentrations of PCB'I. fluid with less than $00 ppm but great PCB's also have been widely used as er than or equal to. $0 ppm PCB. f Ttl.2t--Marking requirement*. PCB transformer* in which the dielec tric fluid contains less than 800 ppm 'Three autbortatloQa permit non-totally enclosed eervieing. However, compmire who eervice articles owned by others must meet the exemption requlremente explained la plasticizers, specifically as additives to products such as paints, inks, adhe sives. sealants, textile coatings, aad certain plastic products. Although are not required to be marked. section IV-F of this Prsambta mast domestic sales of PCB's for these RPfBAi tsotsna, vot. 4k no. hc-wtomzmay, juw r, mi 3MM um* wen dboonttouod to 1971. many of the KI7 m wad is Um put wot contiaoe to exist te oommerca m man of recycling and tbe long Bf* of sealants. wWt ad tho other prodKti wnUMa PCS'*. Therefore. thb rule nay ifXect persons who recycle. such u wuto oO. rtudgaa, wmtamtnet d rags, aod. ptpu. and any Items ooatetf wttb WUnpwnalnil sub- Cttmfiasly, tab rale would apply to certain actMUaa lnrehrlug tbe oper- aUoa of- equipment which previously held PCJTa and whkh (US nutafna PCS ooBCBBtnaana of so ppm or treater, neb at refilled trenerntiaare. and refuted hydraulic system* and heat transfer systems. This rub would apply to ownera of UeetroaBaineb eontatotog FOB** SPA requests onmraante and data on tbe number sf eueh magnets and tbe went of PCS exposure to humane and Um mvtrenmcnt that reaulte Mom Outr um and malntenaaee. Compasstore naad to ntanl tea ptorttraw would alao be wwicd by thb regula tion. CuuuMnts an roquaeted on tbe number of meb wnuawenre Uw mount of human and metronmantal Allaniw that naulta from their aw nyyl ^aabfctt--aim ami iiepmtMfitiAMirrMwerewf * The ptomiaod rule would not apply to aawage ahidgM. dredn modi, and mm materlsb which eontalnlaaa than SO ppm PCS. Them mixtures are regn- Iwtrtl under fthw atdtutca aitanlfiiatarad by ZP1 The omhriwn of these mixtures from thb regulation dots not mean that EM beiierea that control of mob mixtures with boa than 80 PPBPCSilVDMCMMITi The' manufacture, pinceailnt, dtotri- button l& um, god d]|po^j of snail quantlUea of PCS'! used for research and development would be excluded from the requhemonta and prohibitions of f 78U0. Thb exclusion la proposed so that laboratory quantt* tbs of PCB*a needad for health re- maiA ud puzpoiMt OKI bo available. The pwpoaod quantity re- ttrtctton dbcuaaod In wetloaB. below. Is Intended to provide an adoquato mfoguard atalnst the abuse of thb provision. Norx.--If a person other than tbe owner of a tebvbion set, computer, or other PCB equipment replace* a PCS capacitor with another PCS capacitor while repairing tbe equipment and chargee Use owner for that capacitor, thb transaction b considered distribu tion in commerce of PCB'a tBnoe the replacement capacitor u oonUdered by SPA to be totally enclosed, thb distri bution in oommerm does not need an authorisation to continue through July 1. 1979. However, since all distri bution bi commerce (axcept that cov ered by section SteXJKC)) b banned after July 1.1979, unlcm an exemption __ . With careful b granted by EMpmaons who serv mbiiiwvim, men cnenporodi will ice or repair PCB equipment for contain bm than SO ppm of PCBL others by hwtalllng replacement PCB (1> AB of the diffusa sad capaettwa sanat petition EPA lor an exemption. as cnbInert in aaetloo IV- bona below 50 ppm eammt praotAnBy 7 of thb Preamble. Blues tha replace be dealt with by EPA. A oatatt of-SO ment of PCB caparttom ehmilrt be a ppm has the admntage of IteriUng nlaUvsiy tadroquant repair and (toot EPA artwtobtretire ^enforcement non-PCB oaparttneu may bo ablo to re place PCS escorttore whan they do fall, tho T8CA requirement that EPA SSriwmemoftSieragiilatlcn. snot MHnptkoi forth* coDtfnnotioB It) Other statutes are svsilahi* tor of this aetttUy aaay not be as burden regulatton of mtstoaaa eontainlag bm some aa it may tottUUy appear. than 10 pum of PCB. paitSeabriy for such seams aa --""**! alndga and Madge epefia. Tha pecpmid regulation With tbe axoepttoo of "PCBur and under TSCA would not promopt action "PCS Mixture-, tbe dafintUone of ttaa Disposal and Marketing rule are appB by XPA or other Tedwsl aianrim to contnl aneb cable without lt-fiy to propioaBd nto "PCB(f)". Tbe relating definition of "PCWsr tariades "PCS Chemical Subetaoee*. "PCB Mixture", "PCB ArtkSo~, "PCB Equipment", and "PCB Container*. EPA propaaoo to add tha tens "PCB flealint. Oaring, or Dost Control Agent" to thb definition. Thb b a newly defined tana dbeumed in detail below. The effect of thb addi tion would be to require that FCB eeo- bata, marina*. - and dot control agents be dbpoaad of In semedsnrs with { 78140, be marked in accordance In the J78148, and be used only aa permitted by | T*U0 and | T8L3L "PCS JHstare". EPA proposes to define PCB mixture as any mixture enwtsinfaiw 58 ppm or more of PCS chemical mhatanoa,- This would ham the effect of banning manufacture, preewadng. distribution to commerce. and use of all mtactuwo containing 98 ppm or greater of PCS chwnteal mbrfABdb |q soBtotilKy todostd Tha proposed itorinlOnn. therefore )| 4MfeMd to HOflDB oHamflnat under T8CA upon tbs moat atgnlfioaat and oontroSmbb eouroei cf PCS expo sure. EPA reoognbes the difficulty of anbetlng a cutoff level for refutation of TOn and um iwvta* tbe level etthar upward or downward bum 10 ppm, if appropriated baaed on Infonsa- tleo supplied during tha rubreaking cn thb rub. Other higher and lower terete hare already been anaiaatart. to- eluding ooneentratloas of 10 ppm and. 1 ppm. Theae and other euggaatad *1- ternsUreawill b* carefully evaluated. . Parian utequttous to tbe environ ment Aa a result of manufacturing, prnmaefhg, uaa. and dbpeml aettrttba during tho past gO yearn PCB*e bare b*c& into ncoy ^Bmitdp dal products. Into bypredueta and waste materials, and Into aidmaan- talmedb tortudtogatr, water, and io(L EPA bolbves that It cm feasibly rwgo- late the introduction of PCS'* Into tha MAnfB tint--i tiifhoflixl In iddUkOe amtroomaat at tho M ppm PCS lead. SPA piopoem to extend the marktag EPA alao bottom that tha regulation and dbpoaat reonlreenuata to Subparta of matortata containing tern than 80 B and C now appHrehb only to mtar- m kb wooUL In many turascootaintor more than BOO ppm owwatuto an offert fa regubto PCSh of PCB to mheturm eontolntog 60 ppm which hare already bean bttreduoed or greater of PCS. The prohiMrions of Into tha ernlronmat Even In those 178140 would abo apply to all mix esses where material ncntalnfnr baa tures containing SO ppm or neater of than 80 ppm PCB enters the environ PCB- Tha propoml to regulato only ment as "new" 7CB% SPA does not thorn mixture* containing SO ppm or believe it b feasible to ocotrol the di more of PCB waa selected for tho fol term number of items with audh low lowing reasons: ooBceatntlcn* of PCB'x However, (1) A eutoff of BO ppm or greater of waste oil used as a aealaut, rearing, or PCB wa txdode from the rule munic dustoontrol agent with a FCB concen ipal sludges and other mixtures con tration lower than 80 ppm will be sub- - taining low (lea* than SO ppm) lamb bet to regulation. , of PCB1* whose presence b due to am In the PCB Disposal and Marking bient level* of PCB present to the air rule, SPA piopoeed a oonoentiaMon of - or water. Tha PCB'* contained in sudd 800 ppm PCS. After the rule had been mixtures are affected by ambient hropoeed. however. EPA teamed that level* and cannot be attributed to any winy gBftAP. ; discrete eouroe of contamination, and ated !n torte amounts mar contain thus an bos aotwiahU to preventive PCB'* yt leveb well above gentrsl en- . measure*. vtronmentel leveb but below 800 ppm. (2) Certain organic compound* may Por example, while carefully msnufso- contain tree* amount* of PCB'* de tured organic cbemlrab mar eontaln spite tbe use of carefully controlled a* much aa 98 ppm PCB, prooeaa maui BMomt. vol ea, no. iia-whmbpat, aim 1. itn' norma rims 24805 upsets may remit la production of batehas that contain concentration* higher than BO ppm. Municipal sewage sludge Boy contain relatively high concentration* of PCB1* If a Quantity of PCB' ha* been Introduced into the sewer system. Dredge spoil* from aom* liven ntar contain mot* than SO ppm PCB. Where PCS spin* occur, both aofl and dean-up materials mar be contaminated wtth PCX's. Takin* such considerations Into account, SPA le now proposing M ppm PCB be set a* the lower limit of its definition of PCB mixture*. CPA spocillcallr Invitee com ment* and data on the extent to which this proposal (ora lower limit for tha definition of PCB mixture) wfll affect person* involved In manufacture. procaeelnf. distribution, use. and disposal of PCB'*. and whether this la the ap propriate concentration at which to make the distinction described above. At staled above. If written comment* or testimony at the public hearing in dicate that either a higher or lower concentration Is more appropriate, that eonoentratton will be adopted In the final rule. SPA wants to emphasise that the rule proposed today does not preempt mere stringent requirement* that may be placed In dredging permit* and In any other regulatory tool* employed by SPA hi controlling the release of PCB**. In particular, tf there Is a risk that materials such as dredge spoils or sewage sludgs wtli be ''deposited in water or where they can be carried into water, stricter controls than speci fied In there refutation* may be ap propriate. water has been the most simificant pathway for PCB contami nation, and serious environmental damage can be expected to result from the deposit in or mar water or materi al containing PCB1* even in low con centrations. This Is particularly true for dredge spoils snd sewage sludge, given the huge quantities of these ma terials that may he generated. EPA Regional Offices making deci sions on permit* lor dredge and fill disposal under }404 of the Federal Water Pollution Control Act (FWPCAJt discharge permits under the FWPCA, dumping permits under the Marine Protection. Research and Sanctuaries Act of 1972. or exercising any other relevant authority, will be expected to lake such factors Into ac count and to regulate PCB's at levels below SO ppm under that other au thority, wherever appropriate. "Afanuftcfere and Process /or Com- mtrcial Purposes The proposed rule applies to manufacturing (Including Importation) and processing which la perlormed for commercial purposes. "Commercial Purposes" means for dis tribution In commerce. Including for test marketing purposes, and for use by the manufacturer, including for use as a chemical precursor. By restricting the scope of the delinlUons of "manu facture" and "processing" found In T8CA to apply to only those activities that are considered "for commercial purposes", EPA would not regulate certain activities such as the manufac ture of a chemical that remits in an unintentional PCB Impurity. However, because the proposed rule prohibits tha distribution in commerce of PCB mixtures, the product would have to be processed to reduce the PCB con centration to below SO ppm before dis tribution In commerce. The proposal would also permit the protesting of products and plant wastes to concen trate FOB'S if the purpose la to dispose of the PCB'* and reduce PCB concen trations in the final product. "PCS Sealant, Cbating, and Duet Control Asmi~. Sealants, mating*, and dust control agent* mad* from .waste oil are often contaminated with PCB'* and, because of their particular uses, these PCB'* are quickly introduced di rectly into the environment. For ex ample, waste oil Is frequently used as a coating for roads, which have wail- drained surfaces whoa* run-off fre quently goes to municipal treatment plants or riven and streams. In addi tion. although the PCB concentration is tow, the large volume of OH that la used results in a large quantity of PCB entering the environment. Because the PCB'a In waste oil can ao easily find their way Into the environment through thee* usee, the EPA la propoa- ing that waate on containing any amount of PCB contamination shall not be used as a sealant, or dust control agent, Waate oil contain ing lex* than 90 ppm may stin be used 'll a fuel, a* a feedstock for re-refining, or any other use except as a sealant, coating, or dust control agent. EPA la concerned about the use of waste oil for space heating since ambi ent emissions of PCS'* are likely to result. Comments are requested on whether EPA should Include waste oil containing lesa than 90 ppm PCB within this definition, thereby forbid ding this use. Comment* are also re quested on the economic Impact of such an action. "Sate for Purposes Other than Resale". The la* exempts any PCB sold for purposes other than resale before July 1,1070, from the total pro hibition on any distribution In com, merce. "Sale for Purpose* Other than Resale" la defined ta sale for purposes of disposal, (or purposes of research and development, and tor purposes of use by the purchaser. In addition. PCB equipment which Is leased before July 1, 1979 for a period of no less than one year will be considered sold for purpose* other then resale. The sale will be considered to have oc curred as of the date of the signing of the lease. This "tale for purposes other than resale" provision does not apply to sale* to or by retailer* or par son* wb* service and repair PCB arti cles and PCB equipment owned by other*. These persons dearly purchase PCB'a with the Intent of readllng them. The use. finished product, or equip ment, would be subject to applicable regulations. This provision of TSCA allows the continued distribution hr commerce and use of PCB'a In a total ly-endoeed manner (or lp aooordanot with an authorisation or exemption), rather than forcing them into immedi ate dlspoaal. canting possible adverse economic consequences. Per example, a person (Including dealer*) may resell a used television Instead of throwing It away. Furthermore, this provision would permit tha sale tor disposal, provided other applicable require ments of the role an not violated. 'Significant Exposure* end Totally Enclosed Banner". TSCA prohibits the manufacture, pronnmfnt, distribu tion in commerce, or use of any PCB on or after January 1, 1978, in other than a totally-enclosed manner. TSCA define* "totaHy-eneloeed manner" as any manner which will ensure that any exposure of human beings or the environment to PCB'a wB) be Insignifi cant. TSCA section *X3XO requires the Administrator to determine by rule what constitutes insignificant ex posure. EPA proposes to dafine "Insig nificant exposure* as no exposure; U, any exposure of human brings or the environment to PC3 chemical sub stance* or PCB mixture* la significant. EPA considered a finite concentra tion as the demarcation between ``sig nificant" sad "Insignificant exposure". The chief reason tor not lairing this approach, however. Is that there simply 1* so rational basis for selecting any particular exposure level above zero tor the purpose* of this retalia tion, PCS'* are extremely persistent and ubiquitous In the environment, bioconcentrate and bioaccumulate within many organisms, induce a vari ety of advene effects in humans and laboratory and poetess no known "no effect" level for some of these effects. Based on the existing In formation on the environmental risks associated with exposure to PCS'* (summarized In the Support Docu ment), it it apparent that there is no finite level at which continuing re lease* into the environment could be regarded as Insignificant: Accordingly, the Administrator has determined that any exposure to PCB'a Is signifi cant and shall not be permitted unless explicitly authorized or exempted. This determination should not be construed as an expression of EPA policy regarding acceptable or allowa ble exposure to all toxic substances; rather, it is Intended to provide, for EPA and persons who would be affect ed by tbit rule, a dear distinction be- FsntXAi uomat, vot. *. NO. no--wipkhoav, ami t, m* 24808 Noma BMK tween Mtivttn that Will and will aoi be toMUmd "totally oekar. It to not a drtMtMtlw that my exposure to PCBt presents a* unreaennehl* risk. BPAi determinations of which rvon-totally enclosed activities will bo allowed to MBUmw will b baaed an judgment* of whether they pace unKMoaoJbla (taka to health and the envlroomeot, taking Into aooount the factom enumerated in section CtcXl). Thus. the finding that any expoaun to PCD'* la alfnlfimnt serves ahnpiy to define any activity that emits or dis charge* PCB's aa not "totally on* cloeed." In turn, any PCB activity that it not "totally unclosed" ia banned unless the flat aatocutod with that ac tivity la determined to be reeaonahla. If ERA iinda that a PCB activity data not present an unreasonable risk. EPA may authorise or exempt that activity. Thia determination ia not. aa it may teem, inconsistent wtth the fact that the Agency hai proposed a finite con centration of PCB's (SO ppm) in the definition of PCB mixture. Although any exposure to PCB'a it significant, it would he Impossible to impose regulatlons applicable to the use of air. water, eoO, and everythin* else that may contain low levels of PCB'a. Expo sure of human batatas or the environ ment to PCB's will be assumed to exist If any PCB's ate detected by any aden- tiflcally acceptable analytical method. However, a person covered by thia pro posed refutation would not be held re sponsible (or exposures to background levels of PCB's, which, although they may be detected, are not the result of that person's Involvement with PCB'a. That la. U PCB1* are detected In the vieinlty of a PCB activity, but the con centration detected is no hither than the ambient level which would nor mally'be expected Is the absence of this activity, such PCB's will not be considered the result of the aetivtty. Because the hifhest ambient levels of PCB's-messursd to date are well below the levels normally associated with the manufacture, oroeessinr, distribu tion. and use of PCB'a then should be Uttie difficulty In distinguishing ambi ent background levels from thoae asso ciated with specific activities. "Small Quantifies for Purposes of Keteatch and Development". The phrase "small quantities tor purposes at research and development" U de fined as those quantities of PCB sub stances or PCB mixtures contained in hermetically sealed five milliliter con tainers which are manufactured or prooeseed only for purposes of scientif ic experimentation or analysis. Thia regulation would permit the produc tion of small quantities of PCB chemi cal substances or PCB mixtures to be used for research, development, or analysis. Such PCB's can be manufac tured in small quantities and handled under controlled conditions by techni cally qualified Individuals. These ie no limit on the number of containers that a person may manu facture or use. This is to permit the operation of supply homes which may make or stock a lane number of such oontainen #f PCB at soe time and sell from this inventory to individual re search Oram. The five mlimiter volume MmIt should man that any PCB's made will be used only for re search and development. Five minid- lere should provide an adequate amount for thaoe purftoeaa. Per exam ple, a PCB mmpie of this tom ia ade quate for me In gas chromatograph teats. Thaoe small quantities would atm be subject u> the dhpoeal and marking requirements of f 7*14*. o. oraoasx. amotammxa The proposed rale revises the re quirements of 17*1.10 wtth respect to the disposal of transformers in which the dielectric fluid has a KB concen tration torn than *00 ppm. but greater than, or equal to. 80 ppm. Disposal of such transformers by tatetneratian or in s chemical waste landfill would not be required by this rale provided that the dielectric Quid contained in them tranaformam to first drained and dto- posed of tat aooordanoe with the re- aulrementa of f 701.10(b). Therefore, these transformer caretsees could be dtapoesd of In a numtafpal landfill or sold for mirage. EPA bee not proposed restrictions on the salvaging of PCB transformer carcasses which originally contained dielectric fluid with a PCB concentra tion ices than 5*0 ppm bccauoe: (1) There should he little human and en vironmental exposure to PCBa; and, (2) valuable eoppar and steel oould be salvaged tor recycling. However. EPA recognises that it may be necessary to establish specific procedures applica ble to the salvase of these transformer carcasses m order to prevent any undue exposure to PCB'a In this regard. EPA request* comments and data om 11) the procedures used by salvage operators in handling these transformers; (3) the need for regula tory controls on salvage of PCB trans formers; (3) the salvage value of trana- lormsnr, (4) the potential tor. and extent of, human and environmental exposure to PCB's which may oocur a* a result of salvage operations; (5) the number of transformers which an sal vaged on aa annual basis; (S) the number of salvage companies which can salvage PCB transformers; and (7) other methods of of the PCB transformer carcasses. The proposed rule would require that the dielectric Quid from any transformer which is manufactured before January 1. l7#, and which to filled primarily with aon-PCB dielec tric fluid (cjl. mineral oil) be rtlsnnanrt of In one of two ways: (1) in a high, temperature Incinerator (Annex I> without any testing for PCB; or ( to any other manner if a teat for PCB shows that the sensantiaHna to leas than SO ppm. EPA to aware that then may be a wry large votuaaa of thto Quid that will nquta* spodal dtopoaal and this dtopoaal roqutaeoownt --be expensive. Further, high temperature Incineration of the mineral oQ will not utilise the ofl aa fuel beeanee of the overabundance of high Btn hydrocar bon wastes. The incremental coat of this iHapoael requirement may be as high aa *28400 per pound of PCB. The total amt of this litepcwel require ment, over apprortuteVy 20 to 4* yarns, is M12-87** mOlkm. 1st view of the low level of PCB contamination in this fluid, disposal alternatives may be available which would substantially reduoe disposal ooau while still result ing in high levels of PCB destruction. Utility power generaHon units and cement ktyns may ha able to achieve very high destruction efficiencies even though they may not meet the re quirement* of Annex L In addition, these altomatives may ntfitoe the min eral til aa fuaL However. EPA has little or no data available to character ise the performance of than attacna- tine. EPA thesefore mquaeta com ments on alternative methods of dia- f 0| UlMt flnM* COttt* manta art requested on the estimated vtiama of dielectric fluid that would require such disposal annually, what restrictions would ha necessary to ensure an nooeptable level of destruc tion effltieney. and the ooet of dispos ing of the fluid by manna of higb-tem- perature incineration versos the coat of alternative disposal methods. Com ments are requested concerning the es timates of the marginal cost* as stated above and whether such costa (if cor rect) are justified la view of the addi tional environmental PCB contamina tion that would result from not requir ing this method of disposal. EPA to considering requiring labeling of all transformer* manufactured either before or after January 1, 1*79. This labeling would make recognition of those transformers subject to this dia- posal requirement much easier. Com ments in requested on the feaetbOity of such a requirement tnd the costs. and benefits that would result. n. mxxuw swamaseu Thto proposed regulation would amend the existing require ments for PCS'* contained In {7*140. Those PCB transformer* which con tain dielectric fluid with a PCB con centration leas than 500 ppea would not be required to be labeled. a. rxonxaxnoas -Section 78140 would Implement Mo tion 8(e)(2) and <eX2> of TSCA. setting out the epedfie prohibition* of PCB activities. These were described in Boo- reoetAt tMtsrae, vol **, tea ns-weraesDAt. jam t, ten PROPOSED RUUS 24807 tton I of this Preamble. In addition, type of PCB manufacturing after that closed maimer If these activities wm two finding* of the Administrator are date. Bor the same reason, authoriza not present an unreasonable risk of dated tn {741.38. The lint is the At* tions lot non-totally enclosed process!- Injury to health or tbs environment mintotrator's findine, pursuant to Mo ins and distribution In oommeroe must ZPA has determined that certain non- tion 1*X3> of TSCA. that the manu end on July 1.1979. totally enclosed PCB um activities wfl] facture. procedng, and distribution in oommeroe of PCS'* for export pre sent! an unreasonable risk of Injur? to health within the Doited States and to Hots.--Tbs tens "distribution In tommtroW Is used to refer to tbs sale si a PCS. However, it also weens the delivery eg a PCB la eenhweUon with e seie or the bold- not present an unreasonable risk and proposes to authorize these um activi ties for a period of 8 pears after the ef fective date of tbe final rule. At that the environment of Ui* United State*. tag of e PCB efler vale for purpose* of time, ZPA will examine tbe need for This finding la more full? dfacniwart In msals. An sniatts or tie letter Is a distrib continuing thcae authorisation* In Section vm of thla Preamble. The second Is that the distribution In oom meroe and use of Intact, non-leaking transformers, other than those used on locomotives and self-propelled rail road can. sod capacitors la considered distribution In oommeroe and use in a utor who bun from the manufacturer end then r***H* to retailer* while the PCB's ere la hi* taveutccy, they ere being h*M foe furUser (UsMbaUeu in ecsusMsoa However, die- tributiow tn cowman* does sot tnelude the bolding of Par* tat purroww solely of two by th* holder. Mr tbs nuipnwt of 19RA "prooawdn** Is Halted to that pitmatins making thla determination. ZPA weighed- th* effects of PCB) on health and the environment, the mag nitude of exposure, and th* reason ably ascertainable economic conse quence* of the rule. This dotermina tion to fully discussed m the support totall? enclosed manner. which tafcsa pl*o* after manufacture oX th* document/voluntary draft environ According to section Wei of TSCA, PCB in preparation for distribution In eeea- mental Impact statement. disposal la an activity separate from processing and distribution In com merce. Any preparation or processing for disposal is oonsldered to be dispos aeree. Tiwceestar* does not Include pro cessing performed by the owner of tbe PCB snbocuucnt to dhtributtae ta commas* for hi* own us*. 1J7I exemptions. Exemption* from the manufacturing, procesrinr, and distribution In commerce bans re quired by | MeXSXA) of TSCA may be al and not distribution In commerce or The servicing bf a PCB transformer granted lor no more than I year at a processing. Therefore, any such activi is an example of how all of these con time and must be granted by rulemak ty, if In the course of compliance with cepts fit together. If a PCB transform ing each year. In general, persons pertinent disposal requirements, is not er is removed from service and re must petition for exemption* which subject either to the Januar? 1.1978. turned to tbe owner's own servloc shop wOl be granted on an individual basis. totally enclosed manner requirements where PCB dielectric fluid la added to For the purpose ef petitioning for an or to the July 1,1979, bans. it. the servicing could be covered by a exemption, "penson" may Include a *. atrmoaiunom jure sensmoxa um authorisation. However, if that trade association or any other entity same transformer was sent to a trans representing a number of users. In In enacting section Wei. Congress former service company that added some Instance*. ZPA may atoo consider recognized that the statutory bands PCB's to tbe transformer, the smlo- accepting petitions from and granting could significantly disrupt certain ac ing would be both processing and dis exemption* to a class rather than tivities involving PCB's. particularly tribution fn commerce since th* PCB solely to an individual. Person* may those for which viable substitutes are dielectric fluid would bo sold by the petition for an exemption only after not available. TSCA authorizes EPA to service oompsny to the transformer the effective date of this rule. The grant b? rale two types of exceptions owner (thus the title to the PCB's final rule will describe the require to the prohibitions of sudd activities. would have passed from one owner to ments far filing petitions and for the First, the Administrator may autho another). To continue this activity, Information to be provided in the peti rize the continued manufacture, pro the transformer service company tions. cessing. distribution in commerce, or would need authorizations for both Baaed upon the authorisation* pro um of PCB's In a nou-totally enclosed processing and distribution In com posed, ZPA anticipate* petitions for manner after January 1, 1978, if he merce. In addition, tbe service compa continuous fo*v motor rebuilding finds that the activity will not present ny would have to petition tor. and re and for transformer servicing. EPA an unreasonable risk of Injur? to ceive, an exemption each year to con also anticipates petitions for exemp health or the. environment. The crite tinue thla activity after June 30,1979. tions for distribution tn commerce, ria for determining reasonable risks Is Even though ttft actions performed in after July 1, 1979; of PCB consumer described In the Support Document both shop* are the same, tbe trans equipment such as air conditioners, Second, the Administrator may grant former service company is subject to televisions, and microwave ovens re exemptions upon petition, for periods much more rigorous requirements maining In the Inventories of small of no more than one year at a time, than the transformer owner. wholesale and retail businesses. ZPA to from the 1979 bans on manufacturing, As in the transformer servicing ex concerned about the potential for processing, and distribution in com ample above, a person servicing a com. undue hardship on such snail busi merce of PCB's, it he finds that the puter who does not own that computer nesses that might be created by the activity does not present an unreason is considered to he processing and dis July 1, 1979, ban on gale of PCB equip able risk and that good faith efforts tributing tn commerce If be installs a ment. EPA also to aware that th* mar- have been made to develop substitutes PCB capacitor tn the computer. To gtnal Impact on environmental PCB for the PCB's used In that activity. continue that practice after July 1, concentrations from the sale 'of these Section WeX3> does not Impose a 1979, an exemption will be required. inventor!a* of PCB consumer equip- final ban on the use of PCB's but it Finally, a person who leases a comput stent i&ij bt gMtW1 does ban all manufacturing, process er may not m!1 that computer after In order to minimize any problems ing, snd distribution In commerce. As Jot? 1,1979. unless tbe computer has which wholesalers and retailers might a result, ZPA may authorize a non-to been leased for no less than one year. bars in complying with the baa, EPA tally enclosed use at PCB's for what A person oould apply for an exemption encourages manufacturers of PCB ever time period It feels Is appropriate so that he could sell a computer which equipment to Inform all participants under section a<eK2>. However, au has been leased for less than one year. in the distribution in eommere* chain thorizations for non-totally enclosed lilt authorisation* Section (ex., wholesalers. Jobbers, retailers) of manufacturing must end on Januar? 8<eX2XB) of TSCA permits ZPA to au the identity of all PCB equipment 1, 1979, since that Is'when the total thorize by rule the manufacturing; manufactured after July I. 1978. Par ban on manufacturing begins. An ex processing, distribution in commerce, ticipants In the distribution in com eruption Is required to continue any and um of PCB's is a nontotally en merce chain should be made aware of reontAi awntn, vm. o, mo. no-wmasoAT, juni 3480ft PtOPOSKO KIMS th consequence* qf not salting this equipment by July 1,1979, and should be able to receive help, ai needed, to ictmiU PCB equipment from non* fCB equipment. if voluntary effects to inform the distribution chain do not work, n*A may consider adopting regulatory requirements that manu facturers adequately Inform the distri bution chain. Comments are requested on the need for mandatory notifica tion requirements, the information that should be distributed, snd the oosta that would be Involved In such an information dispersal system. In evaluating any petitions for ex emptions from the 1071 bans, it should be noted that an Important criterion for granting an exemption train the July I. 1979. ben will be good faith ef forts to develop PCB substitutes. Cer tainly small businesses and retailers would not be expected to develop sub stitutes. but their efforts to eliminate PCB equipment from their Inventories certainly could be evaluated. In addi tion, any efforts of firms to overload the distribution system with PCB equipment by manufacturing or buying non equipment than would be normally distributed in tbe given time frame would be considered a negative factor in evaluating an exemption pe tition. Tmntformen. Many PCB transform ers other than those used on railroad locomotives and self-propelUd cars are routinely serviced and sometimes re built The use of these transformers generally Involves no release of PCB's and thus constitutes a totally enclosed activity permitted by TOGA. However, servicing procedures often result be ex posure of tbe environment to PCB'a. There are two categories of servicing: rebuilding and routine servicing. When a transformer falls. It 1s usual ly disposed of. Sometimes, however. It is rebuilt In a relatively open oper ation which Involves draining the liquid, removing and disposing of the old liquid, rewinding new colls, and re filling the transformer with new liquid. This practice can result In sub stantial exposure of both humans and the environment to PCB'a SPA has determined that It is unreasonable to allow the exposure which oocttrs during rebuilding of transformers con taining fluids with PCB concentra tion* of MX) ppm and greater, but pro poses to permit rebuilding of trans formers containing fluids with PCB concentrations leas than (00 ppm. During routine servicing, such as testing the liquid or reparing a gasket, some amount of liquid is drained, pos sibly filtered, and returned to the transformer. Some environmental con tamination occurs. Routine servicing, however, causes far less exposure to PCB's than rebuilding and reduces the substantial costs of frequent trans former replacement, as well as the heard of catastrophic transformer failure. Therefore, the proposed au thorisation allows routine senddug of transformers containing dielectric fluid with SO ppm and greater FCB- In addition, an authorisation is propoosd for proofing and distributing In com merce PCB fluid only for servicing transformers. Persons subject to tbe latter authorisation must keep certain records and provide one report to SPA. As explained above, this authori sation wlO be needed by service com panies which sendee PCS transform ers. This authorisation win expire on July 1, 1979, while the use authorisa tion will expire 9 yean after the effec tive date of the rale. During this 5year period, SPA will bo examining thm hh nt rabgfcitutfli is older tnunf* farmera to determine the feasibility of phasing out all uso of PCB'a. The proposed rale authorise* the re filling of transformer* with PCB fluid. However, tbe proposed rule doe* not permit the rebuilding of PCB trans formers which contain dielectric fluid with a PCB concentration of MO prat or greater. EPA1* considering the fol lowing alternative far transformer* containing dielectric fluid with a PCB concentration of 500 ppm or greater (V Such transformers could be topped-off only with non-PCB fluid; (2) such transformers would be re quired to be refilled with non-PCB fluid if they are ever completely drained- for servicing; and (3) such transformer* could be rebuilt provided that they an refined with non-PCB fluid. Refining under such an authori zation would'be rubied to specified flushing procedures. EPA Invite* com ment* on this alternative, particularly with respect to tbe technical feasibil ity and economic consequences of adopting this alternative. The vast majority of transformer* are Ailed with mineral oil dielectric fluid. Although mineral oQ should ba free of PCB's, there may be Instance* when FCB contamination has inad vertently occurred. Where the concen tration of PCB'a In a mineral oil trans former equals or exceeds 90 ppm, that transformer would be considered a PCB transformer under tbe defini tion* of this rule The proposed rule provides a less costly method Of dis posal for any transformer whose di electric fluid contains leas than 500 ppm but greater than, or equal to. 60 ppm PCB. Also, because of the de creased risk associated with lower con centrations of PCB'a In dielectric fluid, the servicing of transformer! contain ing dielectric fluid with leu than 500 ppm Is not restricted. Tbe number of mineral on trans formers contaminated with PCB is unkown to EPA at this time. EPA la Interested In receiving the following data: (1) the percentage of mineral oil transformers contaminated with PCB'a; (2) the PCB concentration* m such transformers: (3> tha frequency of iaflure of mineral oO budmeg 44) the percentage of faOad miaaml oil transformers which am rebuilt; IS) present methods of dbposal of mineral oQ; <S) the aisUcipatad Import If the rebuilding of PCB contaminated min eral oil transformers Is not permitted; and (7) and tha anticipated coats of disposing of these transformer* and their mineral oil content*. All data on mineral oil transformsis should distin guish between pole transformers and other mineral oQ transformers. Th* art recordkeeping require ment* and reporting requirement fOr parson* who aerrics transformers owned by others with PCB Quidl These requirements ratal* to the per son's inventory of PCB Quid and tha dates and nature of servicing per formed with PCB'a. The Information win enable these person* and EPA to accurately account lor PCB'a used u a result of this authorisation Comments are invited on tha Impact of these re quirements and If any addition* or de letion* are appropriate. Trant/brmtn fa railroad loeomofloat and eetf'-propaged cars. Trans former* in approximately ljOOO elec tric railroad loomnotlrea and selfpowered cars operated In the north eastern United States by Amtrak, ConRail, and five tntradty transit authori- tles contain PCS fluid. The use and serricliix of these trans former* cannot be considered totally enclosed. Frequent environmental ex posure to PCS mixtures spilled onto the roadbed occur* when transformers overheating cautsea fluid overflow and when rooks and debris damage the transformers while they are In service. PCB** are also lost do* to volatliintton and In aerrtdn* operation*. These problems an mad* more severe by tbs fact that railroad transformers are often underdetlgned because of spese It Is loglstieally and economically in feasible for these railroad transform er* to be replaced in the immediate future. Thus, the abeenee of aa au thorization for the continued use and servicing of this equipment in a nonto tally enclosed manner oould result in extensive curtailment of railroad serv ice and advene eoouomie and social consequences. EPA therefore propose* to authorise the use of railroad trans former*. Including servicing, subject to certain conditions designed to reduce the FCB concentration of these trans formers* dielectric fluid and thereby reduce tbe exposure of human* and the environment to PCB'a The proposed rule would authorize unrestricted uae and servicing of rail road transformers for 16 month* after the effective date of the regulation, except that no authorisation would be provided to allow transformer service HDOAl ttOWlft, VOL 41 MO. 110--WBMMtOAY. AMI 7, ten companies to prow or distribute la conmerra PCB dielectric fluid for the purpooM of Mnrtdnt of PCB railroad transfonueraAt the end of IS month*. Ui* PCB concentration of tho railroad transformers' dielectric fluid must be no more than 40.000 ppm (4 percent). SPA'* intent 1* to allow either the replacement of the PCS railroad trmnifoncers with non-PCB unite or the refilling of the transformera wtth non-PCB dielectric fhdd eo that the concentration of PCB'i in the fluid is no more than 40.000 ppm. The rebulldin* of railroad transformers arid subsequent refilling with PCB'* would not be permitted. Furthermore, the authorisation re quires that the PCB concentration in the railroad transformers' dielectric fluid bo redueed to no more than 1.000 ppm S years after the effective date of the regulation. This reduction will greatly reduce human and environ mental exposure and la believed at tainable through the application of ac tivated carbon nitration. Since this technology has not yet been applied In relation to railroad transformers, aome uncertainty does exist. For this reason. SPA may make appropriate changes In this 1,000 ppm require ment, including raising the level or lowering it. as more and better infor mation becomes available about the use of activated carbon filtration and other available technology. This au thorisation would expire 6 yean after the effective data of the regulation, when EPA would reevaluate the need for continuing the authorisation. The rule would require testing to de termine the PCB levels in the trans formers. The results of this *"g. aa well as the time at which other servic ing activities are performed in accord ance with the rule, would have to be recorded. Baaed on the Information available to the Agency at this time, the proposed refilling of railroad transformers sad carbon filtration of the dielectric fluid should permit the elimination of the use of PCB'a with out undue economic and social disloca tion* or undue health or environmen tal darner. There are recordkeeping require ments and a reporting requirement for persons who own railroad transformera. These requirements relate to the person's inventory of transformers and refining progress. This informa tion will enable EPA to assess a per son's compliance with the require ments of the authorization. Comments are Invited on the impact of these re quirements and If any addition* or de letions ate appropriate. Mining equipment There are two type* of mining machinery which use PCB fluids as a motor coolant: loaders and continuous miners. Although pro duction of this equipment has ceased, many are stw in use. Approximately W1 motors containhit PCBa used oa loaders sis currently operable: and there art about it continuous miners for which there are about 44 PCS motors either in use or kept aa (paras. The operation of this machinery re sults in the loss of PCB fluids from leak* and overflows into tho enviraumeat. Servicing procedures, performed either in the drop or In tho field, result In additional environment*] ex posure to PCBa. to require replace ment of these motors by the effective date id this nils would bo technically and economically Infeasible. To avoid the advene coasquencos caused by an immediate use ban. EPA la proposing a phase out of these PCB motors which will coincide with the servicing sched ule applicable to these motors. load er* and continuous miners are stvea different compliance schedules rince they pose different problems. Because of the cutting bead design, the motors oa continuous miner* cannot be rebuilt aa non-PCB motors. Furthermore, the cost of replacing the cutting bead motors is prohibitive in light of tha limited remaining expect ed lifetime of tho oontlnuou* miners. Tho only feastbls alternative is re placement of tho entire continuous miner unit. Because of the lead time noesaaary to order and produce this type of equipment, the replaoemant of continuous miners cannot begin for some time after the effective data of this rule. Therefore, EPA proposes to permit the rebuilding of oontinuoua miner motors without conversion into non-PCB motors for 12 months after the effective date of the rule and to permit the use of thoee unite until De cember 31, 18S1. Since the rebuilding of those miner motors involves the use of PCB fluid, such rebuilding when don* by companies who service other persons' motors constitutes proconring and distribution in commerce of PCBa. Therefore, an authorisation for aarvioe companies to process and distribute in commerce PCB fluid is proposed so that the continuous miner motors can be rebuilt. These service companies win have to petition EPA for an ex emption to rebuild continuous miser motors after June SO, 197A Due to tho frequent need for service shop wort on continuous miners. EPA believe* that few oontinuoua miners will be able to remain In um until December 31,1961. The PCB motors on loaders can be replaced with, or rebuilt aa, non-PCB air-cooled motors. EPA it proposing that these motors be replaced or re built sa air-cooled motors when they are returned to aervice shops for main tenance. This process of rebuilding or replacement would take three yean provided that normal maintenance pattern* are followed. Therefore, use of the** loader* It authorized until De cember SI, 1981. After this date, the proposal would not permit the use of any leaden or oontinuoua miners con taining PCB motor*. Topping-off tbs motor fluM lends in ths field to consid ered a use. Thera are recordkeeping raqulramcota and a reporting requirement tar persons who own and servlet PCB <"<"* equipment Thera requlremanU raiate to the person's inventory of PCB fluid and the dates of rebuild- lng minim equipment motors. This in formation will enable thrai persons and EPA to accurately account for PCBa uaad aa a result of tbera authori sations and will permit EPA to amam a person's eampttanra with tha require ments of these authorisations. Com ments art (netted an the impart of these requirements and if any addi tions or dwlvrifw are appropriate. tfydmstie die casting mlou A luge number of die casting systems am in use, some of which have been Shed with PCB hydraulic fluid at aome point In the post. Although this use of PC8*s has been discontinued, the equipment is still In service. Borne systems have bees topped-off with non-PCB fluids, and others have since been drained and flushed in aa at tempt to reduce PCB contamination. However, systems may still be con taminated with rraiiinel PCB'* which are gradually released from rubber surfaces and with PCB'a that remain after flushing. Therefor*, hydraulic die tf systems con contain con centrations of PCB ranging from a few to thousands of ports per million. These systems leak considerably, even when properly maintained, in addi tion. some of the fluid volatilizes at the high operating temperatures. Thera losses result In water effluents as well as air emissions, both of which have contributed to existing levels of PCB contamination In the environ- nxent. Mandatory removal of these systems from rarvto# would result in wide-, spread eoonomic disruption Id Indus-' trie* using die castings. On the other hand, the continued uncontrolled use of these systems would result in re- , leases of substantial amounts of PCB'a Into the environment EPA is propoaing to authorise the continued servlo-' ing and use of PCS-contaminated hy draulic fluid In those systems which now contain hydraulic fluid whoa* PCB concentration Is greeter than, or equal to. 90 ppm subject to certain conditions. Thera conditions would be that tho concentration of PCB must be reduced to no more than 80 ppm at the end of the first year after the ef fective date of this rule and that this concentration must be maintained or reduced through periodic fluid re placement or servicing. Testing and necessary servicing or replacement to achieve and maintain % concentration of SO ppm or leas PCB would have to be performed at least every six months. neasAt tSMtm, vol ss, ho. no-wscwitoAr, 24810 PKOPOSO) MIUS SPA bat learned that one company which periodically sendees the hy draulic fluid hat reduced PCB concen tration* to undetectable level*. This company's expertanoe Indicates that routine scrvtdnt eea eventually ellmJnate the need tor continued flushing. As a reault. the semi-annual check and processing should substantially reduce total environmental exposure to FCB's. Note that the drained PCB fluid would bo subject to applicable disposal regulations. The toll extent of PCB contamlnation of hydraulic die easting machines Is unknown. Bxoept In a tow instanoea. the extent and typee of ellorts to reduoe PCB concentration are also un known. Comments and data arc invit ed on: (1) the number of PCB contami nated die casting systems In existence; (2) the average liquid volume of the systems; (3) the range of system liquid volumes: (t) the amount of fluid re quired to routinely top-off these sys tems end at what time intervals; (6) whether systems ere routinely drained or toppedoff; (81 the effect of routine servicing on the level of PCB contami nation; (7) wbat specific efforts have been made to reduce PCB contamina tion and the euseeae of these efforts; (8) bow the hydraulic fluid can be eer- viced to remove PCB'k (9) the present level of PCB contamination in sys temk (10) the cost of new systems; (U> the cost of prooeestng fluid; and (12) the cost of draining end refilling system*. Recent efforts have been made to develop methods such is carbon filtration and distillation for removal of PCB't from dielectric fluid. Comments are requested on the possi ble use of these methods to reduce PCB contamination la these hydraulic fluids. EPA also realizes that this require ment oould be extremely costly unless carbon filtration and distillation are feasible for the removal of residual PCB'* from hydraulie fluid. If this technology does not prove feasible, the Incremental eoet of this require ment could be as high as 828,000 per pound of PCB removed. Comments are requested concerning the mttmatei of the marginal costs ss stated above and whether such costs (If correct) are Jus tified In light of the sddltional envi ronmental PCB contamination that would result from not requiting this method of disposal. There are recordkeeping require ments end a reporting requirement for persons who own PCB hydraulic die casting systems. These requirements relate to an Inventory of contaminated systems, the dates of servicing, and the PCB concentrations, if measured. This Information will enable these persons and EPA to assets the pro gress toward reducing the PCB con centrations in these systems. Com ments are invited on the Impact of these requirement* and if any addi tions or deletions ere appropriate. Cartoonist* copy paper. Prior to llfl, eerbonkae copy paper distributed by NCR Corn, waa made with Ink contain ing PCS'*. There does not appear to be a way of dieting*dihing PCB oarbonleae copy paper from non-PCB car bonless copy paper, with the possible exception of dates or other Indications in unused Inventories. A large portion of the PCB carbonless copy paper that hat not been destroyed le probably In files. The proposed regulation con tains an authorization lor the use of PCB carbon!a-- copy paper far the fol lowing reasons: (1) the Inability to readily distinguish between PCB and non-PCB carbonless copy paper; (2) the enormous undertaking that would be required of both business end gov ernment to purge files of PCB carbonleas copy paper, even If a way to distin guish it from non-PCB carbonless paper were devised; and (S) the email amount of PCB on each piece of car bonless copy paper. In addition, paper recyclers have for tome time been careful not to aocept any earfaontem copy paper for recycling. o.Aimxx vn A new annex is-proposed for Part 261. This annex specifies the format for a PCB Exposure and Contamina tion Control Plan (ECCP). The pur pose of the ECCP is to help insure that risks associated with activities either authorized by or exempted from the requirements of f 761.31 are The plan would require de lineation of all steps and processes In volved In an authorized or exempted activity, and would Include require ments for notification of proper au thorities and basic steps for response to releases, such ss spills, of PCB'k Each person authorized (or at some later date exempted) to .process, dis tribute in commerce, or use PCB chemical substances or PCBV mix tures would be required to develop sad Implement an ECCP. There are two' major parts of the ECCP. The first Is s written oper ations plan that describee step-by-step procedures to be followed In the per formance of an authorized PCB activi ty. The second is a response and con trol plan that describes itep-by-step procedure* to be followed when a re lease of PCB'* occur* at a PCB uae or servicing operation. The plan would include procedures for incidents that range from releases of PCB* that are captured to drip pans to much greater release* such as the loss of the entire contents of a PCB transformer with some or all of the loss escaping the controls established in the operations plan. Copies of the ECCP would be kept* (1) With the Spill Prevention Control and countermeasure (SPCC) Plan if the person la required to keep an 8POC plan; (2) to the ofrios of the facility where the activity i being per formed end with other PCB flies at the prtoeipel office of the organisetion; and (3) with each group of em ployees at they perform aetmues that may result to an exposure or contami nation Incident finally, the plan would be oertifled by a Registered Pro fessional engineer (PAX The PA would certify that the plea has been prepared In atnorrtance with good en gineering practica end that It compiles with the requirement* ad inner YU. This certification Is not determinative of the plan's adequacy. EPA at its dis cretion, may review the plan. If EPA find* that the plan is Inadequate or that a person is pot Implementing any provision of the plan. EPA may take one of the following actions: (1) Re quire that a plan acceptable to EPA be written -and tmpiemantad; (2) suspend e person's authorization until a plan acceptable to EPA is written and im plemented: or (3) reauire that a person ease the PCB activity. Requirements for plane to prevent the discharge of FCB's shall be re quired iqr rates to be issued by EPA pursuant to 1311 of the Federal Water Pollution Control Act at a later date. V.Baoaranra or Dteroest Raommim By -frawginf the definition of PCB Mixture from a mixture containing 800 ppm or more PCB to one contain ing 80 ppm or more PCB. more PCBcontamlnated articles and mixtures will require disposal to accordance with 1761.10. Among the materials that will be affected by the cha&se are spill malar!sis, dredge spoil*, and mu nicipal sludges with PCB concentra tions between SO ppm and 600 ppm. Liquid mixtures to this ranee would have to be Incinerated. PCB articles *tea would have to be incinerated unless the appropriate EPA Regional Administrator determines that It is in feasible to do so. If there are mineral ofl transformers contaminated with greater than 60 ppm PCB (ss dis cussed above to Section IV-C of this Preamble), the mineral oU would have to be incinerated. VL PCB Acnvram Nor Aothouzd stTxssRuu a. sMHuracnra or caracrxoss PCB's have been need as: the dielec tric fluid to almost all alternating cur rent capacitors manufactured in the United States since the mid-1930's. The manufacture of capacitor* is an activity which cannot be considered totally enclosed and is a major source of PCB releases Into the environment. An authorization for the continued manufacture of capacitors is not pro posed. primarily due to the avaflebUlty of substitutes and the negligible eco- PBKSAt UCttT**. VOL *3, NO. UO-WtONgtOAT, JUMS 2. IWI MtOPOStD MAES 34811 rtomta Input resulting from the baa on this manufacturing activity. In ad dition, br the time this role it promul gated. companies nr* expected to have depleted their PCB inventories and completed the conversion to use of non-PCB dielectric fluids tat the manu facture of capacitors. The extent of advene economic consequences. If any, probably win be limited to small in ventory losses of PCB chemical sub stance*. a. sermon nrvomxc m am notfORs By changing the definition of PCB mixture from 500 ppm to 50 ppm, the proposed rule may now affect certain companies snd products in the dye and plrment industry. Baaed on a very small number of testa, industry repre sentatives have suggested that there may be a problem with PCB contami nation of some pigments. However, the SPA has insufficient data to reach any conclusions in this regard. Comments and data are requested onl (1) The technical and economic effects of the nils on this industry; (2) the spsdlte proceeees and products that would be affected; (3) methods for reducing PCB levels in the affected products: (41 quantity of contaminated waste that will have to be disposed of; (3) plans and lead times for implementing new technology; snd > the economic costs of possible alternatives to the present proposal Should It be deter mined, in the. course of the rulemak ing. that the dye and pigment industry would need an authorization to contin ue its operations and it is also deter mined that granting such an authori sation would not present an unreason able risk to health or the environment, such an authorization may be granted in the final rule. VII. Maxuvactotihu. PaocESStno. ok DimtamnoN ut Cowancscz or PCBS roa Extort Section 12(a) of T8CA states that no part of TSCA shall apply to the manu facture, processing, or distribution in commerce of a chemical Intended solely for export from the United States. However, if the Administrator finds that the manufacture, process ing, or distribution In commerce ol a chemical for export presents an unrea sonable risk to health or the environ ment In the United States, those activ ities may be regulated as well. It is the dear intent of TSCA to minimize the addition of PCBa to the environment of the United States. The extreme persistence of this chemieal can lead to long term, tong distance transport, and there is existing evi dence of PCB contamination far from any source of PCB'i. EPA has deter mined that the manufacture, process ing, or distribution In commerce of PCB'a for export constitutes an unrea sonable risk to health and the environ ment in the United States. Therefore. EPA to proposing to prohibit: (1) The non-totaBy enclosed manufacture, pro curing. and distribution in commerce Of PCB'a for export as of the effective date of this rule; (2) any manufacture of PCS'* for export after January h 1279; and (3) any primessing or distri bution In commerce of PCB'a for export after July 1. 1979. EPA knows of no aan-totally enclosed activities for export which could be deemed to pose reasonable risks to health and the environment of the United States and. therefore, ha* proposed so excep tions to thb finding. Section 12(bX2) of TSCA requires any person who exports or Intends to export a chemical substance or mix ture for which a rule has been pro posed under IS to notify the Adminis trator of such export or intent to export. Guidelines with respect to this requirement for such persons cut be found in another part of thie Issue of the Pxmxat Hzoisrxx. . VUL smaumr or economic Comzouxwczs Section 6(e)-of TSCA bans the man ufacture, processing, distribution and use of PCB'a except as authorized or exempted by the Administrator of SPA. These authorizations and ex emptions, however, are discretionary snd can be granted only upon a find ing that a particular PCB activity does not pose an unreasonable risk to health or the environment. The Impacts of both th* statute and the regulation have been assessed and are discussed below. Additional infor mation on these Impacts is contained in Microeconomic Impactt of the PCB Ban Regulation CEPA 560/6-77-0351) which can he obtained from th* Indus try Assistance Office of the Office of Toxic Substances upon request (see the beginning of this Preamble for the address and telephone number). s. intact or nuc statuxz EPA believes it was the clear Intent of Congress, as expressed In the legis lative history, that the manufacture of PCB chemical substance should cease. Since no more PCB chemical sub stance will be made, it follows that there can be no future manufacturing of PCB transformed or capacitors. Consequently, the costs attributed to the cessation of the manufacture of PCB chemical substance. PCB trans former*. and PCB capacitors are con sidered impacts of the statute, not of the regulation. These costs Include 315-520 million per year in increased capacitor costs that will be borne by utility and indus trial users. This results from an across-the-board increase in capacitor prices of 10-20 percent due to the higher costa of PCB substitutes. This cost wSl continue indefinitely, ualees the oast of these substitutes falls due to sente unforeseen reason. Purchasers of non-PCB transformers will Incur tncrsasod casts of up to 610 million per year, depending on the particular substitute dielectric Quid se lected. This cost will also continue in definitely. These Incresaed costs of transform ers and capacitors will be passed on through a minimal incresee In the cost of electricity to nrmnimrr and indus trial users. a. noser or mama The greater portion of the coat of the rula will be incurred by owners of mineral on transformer* which are contaminated with PCB concentra tions of 50 ppm to 500 ppm. SPA esti mate* that vesting these transformers lor PCB contamination levels and dis posing of the contaminated PCB fluid will cost between 5612 and 5769 mil lion over the next 30 to 40 yean, or approximately 633 million per year. These caste are baaed upon the re quired disposal of the contaminated mineral on by high temperature incin eration. However, they could be sub stantially reduced if EPA should decide, baaed on public comments, to permit a lees costly disposal alterna tive to high temperature incineration. The ban on rebuilding transformers which contain dielectric fluid with a 500 ppm or greater PCB concentration will cost the owner* of these trans former* approximately 616 million an nually. This cost will continue over a period of 36 year* until the transformera are technologically or economically obsolete. About two third* of these transformers are owned by commercial and industrial firms and th* remain der by utilities. The impact of this rule with respect to transformers to expect ed to have a negligible eflect on the cost of electricity, and no significant impact on non-utility owners.- Railroad and transit companies which are alfected by this rule will incur total additional operating costa of about 51X4 million over the next three years. These companies are In fi nancial trouble. However, funding may be available through Federal subsidies. The increased costs associated with the phase out of PCB mining equip ment will total 53 million over the next three years. These costs are not expected to significantly affect the equipment owners. Also, the phase out of this equipment over the next three yean to expected to cause no disrup tion of coal production. Since very litle to known about sever al use* of PCB'a, an estimate of the total cost of complying with the pro posed rule is difficult to make with re spect to these uses. For example, the number of hydraulic die casting ma chines in operation, the volume of rfOCIAl IWtlH, VOt 46. NO. 119--WSDNUCAY, JUM 7, ten 34812 fftOMMSD MJUES KB hydraulic fluid contained in these manhina*. and the extent or BOB contamination of thU fluid to cur* nnstly unknown. The tnitiai ooet of the regulation will be about tJO per gallon of capacity for each die caking ma chine. ThU would imply a coat of about >10.000 for a 1,000 tallon ma chine. CoeU in later yean would be significantly lower depending upon the contamination present in each ma chine, and the type of proceaaing chosen to tower the contamination. An CPA contractor estimates that there may be several thousand contaminat ed machlnee la use. Thus, total costs to the few first years are estimated to be at least |io million. Comments and data are requested on the eeonomic the same benefit It is likely that this substantially overstates the cost be cause many people will cut back or eliminate road oiling as a result of the higher met of substitutes. The coet of the rule will be born* to two ware (1) Higher prices paid for road oil prod ucts; and (2) benefit forgone by those who will no longer oil roads as a result of higher costs. Comments and data ate requested on the economic impact of the proposed rule and of any sug* seated alternatives to the proposal Approximately 300 electromagnets containing PCB's may currently be in use. This regulation would not autho rize the use of these electromagnets. The absence of such an authorisation may coat owners of these electromag rule and which the ddmlnberatar identi fied. on or bafece the date of the premulga. Uoo of such rule, to a neties phashed to the Pmzaai. Ransra* In accordance with the requirements of section lMaXJXE) quoted above. EPA is publishing the following list of documents constituting the record of this proposed rulemaking. A supple mentary hat or hits may be published any time on or before the date the final rule to tosued. However, no sitrh Ust will include pubiie comments, the transcript f the rulemaking hearing, or submtoslops made at the rulemak ing hearing or to connection with it These documents are exempt from Pdxsju. Racism listing under eection lKaXJk A full lift of these materials wUI be available on request from the impact of the proposed rule and of any sussested alternatives to the pro posal There are additional heat trans fer system! and non-die-easttog hy draulic systems that may be contami nated with PCS'*. This rule would not authorise the use of such systems con taminated above 50 ppm. The number and location of such systems Is un known. Comments and data are re quested on the number of such sys tems contaminated above W ppm, and nets about M million to replace them. Most of the coats discussed above result from requirements that are part of the proposed authorizations to permit continued use of mixtures, arti cles and equipment ncwteiwiwy PCB's in a manner protective of health and environment. If these proposed au thorizations are not promulgated, the coet and economic Impact on the af fected industries could be considerably greater than the coats discussed shove. Record and Hearing Clerk- tomat Docnasne USEFA. errs. PCS Jfena/octvrtne, pro- cswiagt Distribution fa Comment end Cto--San fUgutntion-Propoud Action-- Support DorumenA PsHic comments, deft qfcomments Air Conditioning tad ReMsemtlon Insti tute. July U. l977. Australia, Department of Both nrusunr. Housing and Community DerelopeeenC the economic impact both of the exist- 1ns prohibition and of complyins with the propeaad authorization for hy draulic systems if it were to be ex tended to these systrais. The presence of PCB's (in excess of SO ppm) in certain blue and yellow plg- PC Errsmnva Bars It Is the Intent of EPA to make the final version of this proposed rule ef fective thirty days after the date of publication in the Frnsaai. Rtnuna. Promulgation of this regulation is not October 30.1*77. Brown Co, July 13.1977. CatteU. Holly, September 21.1077. DcPMI OnWvintty, October 11,1877. Dry Color Manufacturers' Amoristton. Oc tober Ji, trn. General Cectric CO, Kay 31.1S77. General Motor* Coro, July IS. 1S7T. mentr has been detected, but little Is known ooncemint PCS concentration In these pigments or the extent of that contamination, prooear refine ments oostint the Industry about expected before October 1,1975. Dated; May 30,1975. Downs* M. Cotxxx Atminutrotor. 8ehaia. Anita. SepUanber 33.1877. Teuneevoe Valley Authority CTVAi. July IS. im. Terms** Vatlsy Authority (TVA). July 18. 1977. WA water A Wait* Wator Systems. July >500,000 are expected to be sufficient to oofltrol PCS contamination In blue plaments, it Is not currently known, OmcuL Rscoao or Rumtaxnn-- PxoroasD PCB "BAN" Raomanona* 24,1977. Potuat Ammonias Mmnaos o* nrunaas however, whether similar steps can be Section lXa)(3) of TSCA defines the rtraue jumannTM sawram suit is, ivt taken to reduce PCB contamination la the yotlov pigments. of which annual sales are around >53 million. If this problem cannot be solved and the rule la not altered, there may be a signifi cant impact on this industry, com- mento and data are requested on the extent of PCB contamination, the eco nomic impact of the proposed rule and of any sussested alternatives to the proposal The effect of the regulation on users of waste oil for road oiling may be sub stantial, although it is difficult to quantify. It Is estimated that 300,000,005 gallons of waste ofl are ap plied to roads every year. The high cost of testing this on may mean that it will bo economically Infeasible under this rule to use waste oil for road oiling to the future. The use of poesible substitute dust control agents, such as virgin oil or synthetic substi tutes, oouM cost users as much as >100 million per year. However, this coet as sume* that the substitute Is applied at the same rat* a* is waste oil to achieve term "rulemaking record" far purpoees of Judicial review as follows "<A1 The rule heIn* reviewed under this section; () In the case ot a rule under Metloa 4(a), the finding required by such section. In the caw of a rule under section S(bx4>, the nndlns required bv such section, In the ease ot a rule under section Ms) the finding re quired by section Mf> or t<ei. ss the eaee may be. In Um ceee of a rule under section Wal. the statement required by section Stcxl), and in.the cut at a rule under sec tion tit), the llndtnsa required by parasrepb SIB) or KB) of such section, as the case may be; 40 day transcript required te be made at oral preeematlona made to proceeding* for the promulfation of such rule; ID) Any written submlalon ot Interested parties leapecttnt the promulgation Of such rule; and <*) Any other Information which the Ad ministrator considers to bs relevant In such 'Polychlorinated Biphenyls u*ii and Disposal Official Racosd of Rulemaking it eoufMerad aa part of the reoord ef tbit rule- 41 n MSti, June 17. ten. "Open Puhlis Meeting: BolirlUtlon ot Comments." Par July tl. 1*77, Washington. D.C. and July II. 1877 In Chicago. HI VSEPJl. Tmntcrtpi of Proceedings Pallia Meeting on Mg Ben at PolgeAlvrinatei 91phenvX Washington. D.C, July IS, 1977. 0SEPA. Transcript of Proceeding* ta Me Special netting of VS gnetroantencof Pro* lection Ag*nest Barton r-Olcopot 1U, July IS, 1978. Manama aciasrms at tux Jolv is. isrr umm Statement on Bitn/Uttne Mad* U PaHlc Meeting on Ole ImgUmentetion of th* envi ronmental Protection Aetna?* Pnpattd PCB Boa. July It, 1977, Dost Coming Carp. Pmentetton to tnctrenmentmi Protection Jpenes. Public Martinp--July 21. lift Joy Manufaetumn. TJ|t ot SflBflkMt. List at DA Panel Members tor PCB Meeting. Onmlnaounm bub ~romt amigns" ponow 41 PB UfM Daeambor SO. 1977. "Policy for Imptameatatieo of Section stokl) of the rtooAi tKHtrm, vot. eg no. lie wmubav, jum PftOrOKO KUtCS 34S13 Tosie SuteUacaa Central Act (TSCA) far rolyebkvtoMd Mphaili cpcn'ii." mmmui uuuiu n mmiro uoepa. Hasten nr. xm wHmt re: ru Ins m Lak* Hanvel) and Twaivr Mile Creek la Mekana Co- South Carolina Beptambar to. im OSEPA. tnnmnli of tha HooanMa OOPA Tnauerigt of Piocmding* USA Rneironmenlal Protsction Apmcp A tba matter of. Toxic Pathuant MBtemt standante DOOMS1 Mo. J. Ariiaetoa. Va May. 1 1971 08EPA. Transcript of PinraeSlaea USA Eacirenaetafal Protection Agtnep. In ike mortar of Taxi* Pollutant SffUeeni Stand ard*. Docket Ma l P7VPCA <8071. ArUnytgo. spins pursuant to 178141. Definitions of terms used In all of these aacthma are in Bubpart A. 2. la 178L3 paragraphs <q> and <w) ore mfaed. and paragraphs (bb> through (U) are added ea follow* |7SU Rifll It Train. Artmfo. EPA Before the Va. Thursday. May f, 1974. <*,*--t--imtttx ob Itafatftoi lod WUdUfs UffiCPA. rraascripl of Pnooadtng* USA CoMemUan and Um Sbirtranmeai CommKtee mi Merchant Marini and Fisheries. House of RepnaentnUrea. January 20.197A OSEPA. Remarks bar the Boeerabla Rue- aell X. Train. Adnia- OJUtPA. Prepared far Delivery at tha Netlaeal Caniarenoa an PCD*. Cbtaaea DU Wedneadv. Moveetoar l>. ins. II am. XBT invtronaamtai Protaetun. KXJtr Puttie Health. Undated. OSEPA. Mw Reltate. flaptarahar U. 1171 Snvironmantat Protection Agency. In Dm matter of TOtie Pollutant Kffuant Stand ard*. Docket Mo. L PWPCA (3971. Arlington, Va. Monday. May 21197*. Weadnyhaura Dactric Ccrp. Proposal toe 7he Depertmenl ofTreauportetion RatratUing a/Roil*#* Trasu/arman. nawarahar 11. 1977. Wltoa flhaaihaL OeWaa Bear DMrioa. Coheres Dud Relantanl Agent. World Btalth OrganTratfon. Xaairenmea- (q> "PCB" and "PCBe" mean the fol lowing: "PCB Chemical Bubetonee", "PCB Mixture", "FCB Article", "PCB Sealant, Coating, or Dust Control Agent". "PCB Equipment", and "PCB Container". (w) "PCB Mixture" means any com ' Coaormneanoss Intrayovamaental memoranda. letters, and other eormpondanoa. Other Jettara. Roans Bloaomiet Aquatic TDiiooloo labora tory. fathead Mirror) Spy and Try Study, Summary Oaf* AMiut 211177. Doe Coniine Core. Removal of PCS Train Don Coming Ml Silicons Transformer Would br Charcoal filtration. Dndatad. Oeaeral Bactrio Co. Silicon* in Tran*formtn Pmenlad to DM Snrironmenlal ProtectionAtm, September 11977. MoOraw HfflL "PCB'e apread by waste o uaeJ" Chemical Week. January 31 1*78. p. II. Idanaante. "Monsanto to Shutdown PC8 Ut Health Criteria t Potychloriualad JKphenyl* and TnphenyU Oenere, 1971 In addition. all reports and arUdaa referenced In the USEPA OTS Sup port Document Voluntary Draft EIS are included in the Official Reoord. The record for the section 307 Water Effluent Standards for PCB'a may he examined by the public at the Office of Hearlne Clerk. Room 2708A. fartronmeatel Protection Acency. 401 M Street 8W. WafhiZWton, D.C 20400. Pursuant to the Toxic Substances Control Act (yam. 8, 8 end 12. (18 VM.C. 3808,3807, 2611, the loUtrarinf amendments to 80 CIS Chapter 1. Part 781 are proposed. bination of chemical subetaaeea which contains 80 ppm (0.0080 percent on a dry weight basis) or greater of a PCB chemical substance and any ensnblna- tton of wstft&oGi which ooo* tains leea than 80 ppm PCB chemical substance because of any dilution of a mixture containing SO ppm or greater PCB chemical substance. This defini tion includes, but if not limited to, di electric fluid and containtnatort sol vents. oOa. waste oils, beat transfer fluids, other chcrafoaU. raga, aoO, points, debris, aludga, aiurrtat. dredge spoils, and materials contaminated as a result of spills. Unit. Exit Btiauen by OctoPer 11. 1977.* Ansi. Undated. National Electric Manufacturer* Associ ation. Transformer Dielectric fluid Shut* Working Orovp. October 111977. Natlanal Swedish Environmental Protec 1. Section 761.1 is amended by revis ing paragraphs tai, (b>, and (c) to read aaloUoam: (bb) "Manufacture `/or Commercial Purpoeef " means to manufacture: (11 Per distribution in commerce, In cluding for tert marketing purposes, or (21 For um by the manufacturer. In tion Board. PCS Confirms* u Stockholm. December 11 lilt Penult, D. & "PCB'r and Their Environ, mental Effects." CRC. Critical Jtevtetct in environmental Control. September 1971 DnJventtr of Wlsoonsin Sea Qrant Callute. "ABCs of PCBV Public Dxfonnatten Report. W1B SO 71-128. Dhiverattr of Wlaconain Sea Qrant Ctdlerc Proram. Institute for Eavlronmentai 1761.1 AMlrakilUy (a) This part establishes prohibitions of, and requirements for, the manufae ture for commercial purposes, process ing for commercial purposes, distribu tion In commerce, use, dlepoaal. stor age, and marking of polychlorinated biphenyls (PCBe). cluding for use as a chemical prtcur- aor. (cc) "PCS Sealant, Coating, or Dust Control Agent" means any sealant, coating, of duet control agent that Is mad* from any waste oil that contains any detectable amount of a PCB chemical substance lees than 80 ppm (0.0000 percent on a dry weight basis). Studies. "PCB*# and tba PDA." tarthvateh/ ' (b) This part applies to all persona Wisconeiu. Part 1. May 11977. Part , Kay who manufacture, process, distribute IS. 1977. USDHEW. Tirol Report of the Sutaoet-' milter an On Health Effects of Potyehlorinalrd SlpAeeytt. July 1978. US-OOC, Maritime Administration In commerce, use. or dispose of PCBe. Persons who manufacture, process, distribute in commerce, or use small quantities of PCBa solely for purposes Any sealant, coating, or dust control agent that contains 88 ppm or greater of PCB Is considered a. FCB mixture. (dd) "Process `for Commercial Pur poses' " means to prooees: (1) For distribution In commerce, in Chemical Waste Incinerator Ship Project. of research and development are : cluding for test marketing purposes, or final Snvtronnanlat Impact Statement ! exempted from the requirements of (2) Tor use as a chemical precursor, Volume 1 of 2. i~8ubpsrtD. ' "1 VSDOT, Transportation Syetema Canter. tc) The basic requirements appii^t Evaluation of Silicon* Plaid /or Repfocemenl of PCD Coalenia la Railway Industry. Weaturfhouae Electric Corp. July 1977. USBPA. Environmental Research Labora ble to disposal and marking of PCBe are set forth In Subpart B--Disposal of PCBe and Subpart C--Marking of (eel "Salt for Purposes Other than Resale" means tale of PCBe for pur poses of research and development, tor purpose* of disposal, and for purposes of use. PCB equipment which Is leased tory. Office ol Research is Development. PCBe. Prohibitions applicable to FCB before July 1.1379. for a period of no PotyeMaiaMphenyie la Precipitation in Ike activities are set-iorth in Subpart D-- leu than ease year wilf be considered take Michigan Darin. Draft. Undated. Manufacture, Processing. Distribution sold for purposes of resale. The axle U8XPA, OPM. Microeconomic Impact* of the Draft PCD "Ban" Regulation. April 1971 Venar. OSEPA. OT8. JDmeletment of a Study Plan fat Definition of PCD* that*. Watte*, in Commerce, and Dee of PCBa. Sub part D also Includes authorisations from the prohibitions. The Annexes hi Subpart E set out the. specific require will be considered to have occurred as ol the date of the signing of the le*M. Sol* for purpose* of um does not in clude sale for distribution In com and Potential Substitution in the Invest- ment* for disposal and marking of merce. Sale tor any other purpose la mint Catling tndvetry. Toth Iff. January PCBe pursuant to f 761.10 and 1781.20 not sale for purposes other then 1971 Vamr. EPA 880/6-78-807. and lor the contingency plan lor PCB resale. reoMM tsotma, vou *, wo. ito-WBHOOAr, ami r, ma 24814 PROPOSED MASS (If) "Significant Krrxwnrc" mesas iny exposure of human Man or the environment ta PCS ebenrfeti sub- otoaer or PCS mixture m measured or , detected by iny sctenUfleallr enoept- able analytical method. (r) "Small Quantities lor Research and Development' mean* any quanti ty of PCS chemical substance or PCB mixture which is originally packaged in one or dor hermetically scaled i container* ol a rolime of no soon ' than five <&0) mtllllltera and which is ! manufactured or prooassed only for I purpose* of sdentlfle experimentation -1 or analysis or chemical research oh, or analysis of. PCBs. including research i or analysis for the development of a I product. - (hh) "Totally Enclosed Manner" means any manner that will ensure that any exposure of human beinsz or tho environment to PCB chemical sub stance or PCB mixtures will be Insig nificant; that Is, not measurable or de tectable by any analytical method. <U) "Waste OU" means waste prod ucts primarily derived from petroleum, which include, but are sot limited to, fuel oils, motor oils, gsar oils, cutting oils, transmission fluids, hydraulic fluids, and dielectric fluids. StffcpVfl pelt 3. Section 76L10(cXl) is revised to read as follows; (711.10 Disposal rSQOireMOia. * <c* * * (li PCB Tranifonnert. (I) Any PCB transformer* which contain dielectric fluid Whose PCB concentration is 500 ppm or greater shall be disposed of la accordance with either of tho follow ing; tA) in an incinerator which compiles with Annex I; or <B> in a chemical waste landfill which compiler with Annex fl: Pro vided, the transformer far first drained of all free flowing liquid, filled with solvent, allowed to stand for at least IS hours, and then drained thorough ly. PCB mixture* which are removed shall be disposed of in accordance with paragraphs (a) and (b) of this section, <U> Any PCB transformer which con tains dielectric fluid whose PCB con centration is less than 500 ppm but equal to or greater than 50 ppm PCB shall be disposed of In any manner, provided: (A) the transformer is first drained of all free flowing liquid; and (B) any dielectric fluid, except that disposed of In accordance with para graph <b) of this section, shall be tested for PCB concentration and that information and data kept as a part of the records required by Annex VX Di electric fluid which contains 90 ppm or greater PCB shall be dispoeed of in ac tation of PCBS WitUu tbe United cordance with paragraph (b) of this Staten and tbe evidence that PUB'S section. This paragraph (cXIXii) does contaminate the environment far from not apply to any transformer manu where they are used. In addition, the factured after January l, 1879. distribution in commerce and use Mpart C--AhaMaf af fCh (except servicing) of any intact, non leaking PCB transformer (except 4. Section 76L2MaXlXtt) and those used in railroad locomotives or <aX3Xl> are revised to reed as follows: self-propeUed can) or capacitor ts con- slderad to be dlstrfbutioa ta cosnsacroe (75L2* Maiblsg inslimasli Mifi um |q | totally tnekMod nsmtef* (a>** (1) (ill PCB transformers at the time of manufacture, at the time of distribu tion In commerce if not already la beled, and at the time of removal from use if not already labeled. PCB trans formers containing dielectric fluid with a PCB chemical substance con centration lev than 000 ppm but greater than or equal to 50 ppm (on a dry weight beats) are not required to be labeled. (a) Mo person may manufacture for commercial purposes, prooaaa for com mercial purposes, distribute in com merce, or uoe any PCB in any manner other than fn 1 totally endoaed manner within the United States or manufacture, process, or distribute In commerce any PCB in any manner ether than in a totally enrlnsati manner for export from the United States. * (b) Effective January 1, 1878. no peison mar manufacture for commer cial purposes any PCB for use within *** the United States or for export from (3) * <i> all transformers not marked Under paragraph (aXl) ol this section except for those PCB transformers that contain dielectric fluid with a PCB concentration leas than 500 ppm PCB chemical substance (0.05 percent tbe United States. (e) Effective July 1.1978. no person may process for commercial purposes or distribute in commerce any PCB for use within the United States or for export tram the United States, with the following exceptions (1) FOB'S sold before July 1. 1878. on a dry weight basis) are not required for purposes other than resale may be to be marked. distributed in commerce only in a to tally enclosed manner after that date. (3) PCB's sold after July X, 1878, for 5. Subpart D is added as follows: purposes of disposal In accordance with the requirements of ( 75Llt may be processed lor commercial purposes Cmmm> is* Ww W fCfa for disposal and distributed in com 7SU0 Prohibitions. merce for disposal, 751.31 Authorisation!. 7SU3 Exemptions [Reserved]. . | TSUI Authorisations. Aoraoarry__Secs, e, S and 13. Toxic Sub The following nontotally enclosed s3t5a1n1c.es Control Act IS VAC. 30M. 3*07. PCB activities are authorised pursuant to see. WeXSXB) of T8CA: . (a) Transformer*--Use (servicing). 5sbpeh 5--AssdsCsbi, Prseasslsc, HHiMm is Cmmsm, and Uas *1 PCbs 1781JO Prohibitions. PCB transformers not used in rallrood locomotives or self-propelled can may be serviced tnd tbe associated dielec tric fluid may be servloed in a manner Except as provided In (701.10 or as authorized In (70U1. the activities listed in paragraphs (a), <b>, and (c) of this section are prohibited pursuant to f 0(e) of T8CA- In addition, the Ad ministrator hereby finds, under the authority of section 12<a) of T8CA, that the manufacture, processing, and distribution in oommeree of PCB** fur export from the United States pre other than a totally enclosed manner until five yean after the effective date of this rule subject to the following conditions: (11 Servicing - may be performed except servicing which requires that tbe transformer coU be removed from the transformer rasing The colls may be removed from those PCB trans former* whose dielectric fluid contain* sents an unreasonable risk of injury to less than 500 nan PCB chemical sub- health within the United States and to stanoe (0.05 percent on a in weight the environment of the United States. basliX This finding Is based upon the well do (2) Each parson who service# a PCB cumented human health and environ transformer shall develop and imple mental hazard of PCB exposure, the ment a plan for the control of PCB ex high probability of human and envi posures and oontalmlnation tn accord ronmental exposure from PCS manu ance With Annex Vn. Any PCB chemi facturing, processing, or distributing cal substance or PCB mixture which is in commerce, the potential hazard of used to sendee or repair * PCB trans PCB exposure posed by the transpor former shall be stared in accordance ftttiAt uomot VOL 82, NO. UO-WtOVUOCAY, AM 7, ]m ptorow roues 24815 with the storage for disposal require ments of Annex III. (b) Transformers--Distribution In Commerce and Procerelnc. Person* who sendee PCB transformers owned by others may distribute In commerce and process PCB dlelectriedluid in a manner other than a totally enclosed manner only tor the purpose of servioing existing PCB transformers until July 1. 1079. subject to the following conditions: <1) Ninety days after the effective date of this rule, each persona who sendees PCB transformers owned by others with PCB dielectric fluid shall report to SPA his buatneas address and the person to whoa inquires should be directed. This report shall be seat to the Pesticides snd Toxic Substance* Enforcement Division (EN-342), Envi ronmental Protection Agency, 401 it Street SW., Washington, D.C. 20400. Each person who services PCB ban*formers owned by other* with PCB di electric fluid shall keep a current record of us inventory of PCB dielec tric fluid, the aerial number and owner of each PCB transformer serviced with PCB'i, the date each PCB transformer with PCB dielectric fluids are coneid- erod to be using the PCB dielectric fluid and are therefore covered under the authorisation la. paragraph (a). Persons who service PCB transformers owned by others arltb PCB dielectric fluid are considered to be distributing that fluid in commerce stnoo they are selling that dielectric fluid to the transformer owner and therefore are subject to paragraph (M. Such persons must petition yearly for an exemption. It servicing of a PCS transformer by a nonowner Involved the use of a nonPCB dielectric fluid (ex, topping-off with a aon-PCB fluid), that servicing is a use covered under paragraph (aX (c) Bedroad Transformers--Psa. (1) Transformor* containing PCB mix ture* may be used in a teamin' other than a totally enclosed manner In rail road locomotives and self-propeUsd cars' (referred to so "railroad trios- formers") until five years after the ef fective date of this rule subject to the following conditions: (1) Fifteen months after the effective date of this rule, no rmflrosd trans former may contain dielectric fluid whose concentration of PCB chemical other* with PCB dJeiectrtc fluid shall report to EPA his business address and the person to whom inquiries should bo directed. Thla report shall be sent to the Fntlddn and Toxic Substances Enforcement Dtvtaoo (EN-342). Envi ronmental Protection Agency, 401 M Street SW, Washington. D.C. 20440. Each person who services PCB trans formers owned by others wtth PCS di electric fluid shall keep a current record of his inventory of PCB dielec tric fluid, the aerial number and owner of each PCB transformer serviced with PCB'i, the date each PCB transformer is serviced wtth PCB** and the nature of the servicing perforated with PCS**. At Its discretion. EPA may require a peiaoh who services PCB transformers owned by others with PCB dielectric fluid to submit a oopy of his current record. (vi> Each report submitted to EPA under paragraphs (cXl) (lv) and (v) of this section shall contain the eerttikn- Uon found in 11SlJl(bX2). (vtl) Each person who uses or ser vices a PCB railroad trensfotmer shall develop and implement a plan for the control of PCS exposures and con is serviced with PCB'a. and the nature substance exceeds 40.000 ppm (four tamination in accordance with Annex of the servicing performed with PCB'a. percent on a dry weight basis). VP. Any PCB chcmdal substance or At 1U discretion. EPA may require a (U) Three yean after the effective PCB mixture which Is used to service person who services PCB transformers date of this rule no railroad trans cr repair a PCB railroad transformer owned by other* with PCB dielectric former may contain dielectric fluid shall be stored In accordance wtth the fluid to submit a copy of his current whose concentration of PCB chemical storage for disposal requirements of record. substance exceeds 1,000 ppm ((US per Annex IIL (2) Bach report submitted to EPA cent on a dry weight basis). (2) Railroad transformer* containing shall contain the following certifica till) The concentration of FOB'S in PCB mixtures may be serviced and be tion: 1 undnvtand that I may assert a data of business confidentiality my markinc say part of all of this information as "TSCA Confidential Suelnees Information" and the dielectric fluid contained in rail road transformers shall be measured: (A) Immediately upon completion of any authorized servicing of a PCB transformer intended to reduce the ginning IS months after the effective date of this rule shall be serviced tub: Ject to the conditions of paragraph (cXl) of this section, in the following manner: that information so marked will not be dis closed except in accordance with the proce dures set forth ut to CFR part 2,1 further understand that if i do not mark this Infor mation as confidential, EPA may dleffinee It publicly without providlnt mo notice of an opportunity to object. I certify that to use best of my knowledse PCB concentration in the dielectric fluid in the transformer, and (B) Between 12 snd 24 months after each servicing conducted in accord ance with paragraph (CHIUXA) of this section. - (iv> Ninety days after the effective (i) If a railroad transformer is drained, flushed, or refilled. non-PCB dielectric fluid shall be used for refill ing unless the original fluid has been processed in accordance with para graph (cXIXU) of this section after its removed from the transformer. PCB the contents of uili report ue accurate and date of this rule each person who owns fluids shah be disposed of in accord complete. a railroad transformer shall report to ance with the requirements of { 781.10. Date ------. Rimed - i ---------- . .in .. EPA and retain records of, the (It) nitration through activated -.......... ........... number of PCB railroad transformers carbon or any other method may be Position Title------------------ ----------------- which he owns and the liquid volume used for the purpose of reducing resid The statement and certification above must be signed by the chief ex ecutive officer of the reporting organi zation or his designee. (3) Each person who services PCB transformers owned by others with PCB dielectric fluid shall develop and Implement a plan for the control of PCB exposures and contamination in accordance with Annex VII. Any PCB chemical substance or PCB mixture which Is used to service or repair a PCB transformer shall be stored In ac cordance with the storage for disposal requirements of Annex III. Vore.--Persons who own and who service their own PCB transformers of each railroad transformer. Thla report shall be sent to the pesticides and Toxic Substances Enforcement Division (EN-342). Environmental Pro tection Agency, 401 M Street SW.. Washington. D.C. 20460. Each person shall also keep a current record of the dates and nature of each servicing of each PCB transformer and the meas ured concentration of PCB in each' transformer as required by paragraph (cXlXlil) of this section. At its discre tion, EPA may require a person who owns a railroad transformer to submit a copy of his current record. (v) Ninety days after the effective date of this rule each person who ser vices PCB transformers owned by ual PCB concentrations in railroad transformer dielectric fluid. (lit) Railroad transformers may be rebuilt or serviced using only non-PCB dielectric fluid. (d) Mining equipment-use. Continu ous miner-type and loader-type mining equipment containing PCB motors may be used and these motors toppedolf with PCB fluid in the field in a nontotally enclosed manner unto De cember 31.1931, subject to the follow ing conditions: (1) PCB motors in loader-type equip ment (hall be rebuilt as air-cooled motor* or replaced with non-PCB motors at the time the motor Is re turned to s servloe shop for servicing. KDUUU HOSTS. VOL , MO. 110-WtOSrtMAY, AMi 1, lvrs 24816 ntofosB mus The rebuilt motets at? not orwtoln stood, and the astur* of the seivldng (lit) Ninety days after the effective tnyPCBa performed. At Its discretion. EPA may date of this rule ante peseosi who ewas (2) PCS motet* In nwnttrmmu miner- require a peseosi who seevtom uotte* a hydrsaUe dto resting system that type equipment may not be rebuilt as oua miner moton owned by others ever enertebmd a PCB mixture that! PCB moton liter 12 Matte alter the with PCB fluid to submit a copy of his report tn EPA. and retain iweondt of. offecttv* dote of this rate tbft BlteiW A# mlMH Kte MM O) Ninety dtps after tte effective <3) Each report submitted to EPA tabling PCB mixtures, the type et date of this rale each pawn who am PCB mining equipment (halt report to under paragraph (exi) of this section AaII fetetdlii te Mdi system ***** tte ttoQ of tte hyitirtfff oonoraii** contained EPA. and retain record! at the type and quantity of equipment owned con taining PCB moton, the aerial number of each PCB motor, the number of PCB moton la hie inventory, and the amount of PCB heat tramfer fluid In his inventory. This report shall be sent to the Postiddee and Toxic Bubrtanoee Enforcement DMdao (ENMl), Environmental Protoetion Acency. 401 H Street SW, Waihtaxtoa O.C. 30400. Bach penoo who owns PCB rnintnt equipment than alao keep a current record of the date that each PCB motor la rebuilt aa an aircooled motor. If any of the PCB equipment la told, the trimarttm and the partlee thereto abas be reported to EPA by the seller. At It* dlacretlon. EPA may require a person who owns PCB minim equipment to submit a oopy of hio current reoord. (4) Each report submitted to EPA neuubxax (3) Eaeh person who sendee! eon- Unuoua miner motors owned by others with PCB fluid shall develop and haplemaat a plan for the control of PCB eapoouws and irT-`~**t~ In ascerduoo with annex VH Any PCB chemidl nbrtiifeei or PGB which is used to service or repair coa- ttnuoua miner moton shall te stored In accordance with the stance for dis posal requirements of annex m. Moa^ront who service ccntrims miner motors owned by others with KB fluid ars oaoCdcnd te be rflsMbutme Ores flutd ICMMMlMCnMftWWMlUlirllMt fluid to Um rmUnuouc mtawr owner aad therefore an subject te psnuaMph i*i.Baeh perms must petttfcn fur ua esrmoMnw te oanttnos this aettvtty sftsrJUM 30, l*n (I) Hydraulic die caeting systema tise. (1) Hydraulic die casting systems containing PCB mixtures may be used hi each system. This rwoost shall te Ml ta the FtatieMas and Text* Bub- itsores Enforcement Dfrhdon (EK- 343). Environmental Protoetion Agsnoy. 401 H Street 8W Washtar- Um. D.C 20400. Xhte person who own a hydretdle die resttug system that contains a PCB mixture shall also keep a euirent reeord of the dates of cate draining or rafimag and the measured PCB oonctstraUon of the hydreaUo field hs the refined system an those date* for each system. If any system is sold, the transaction and the parties thereto shall be reported to EPA by the steer. At tto (tecreUou. EPA may require thy suhmhotnn of a oopy of a person's current record. (tv) Each report snhmlttad to EPA enter paragraph (fXlXUO of this see- Ufltt iteQ te tifliltfirattun found tn |7fll.3l<bX3). under paragraph (dXI) of this section and serviced tn a manner other than a (v) Bate person who owns a hydrau totally eaaloead manner until five lic die easting system that costtains a |741.31<bX3>. yean after the effective data of this PCB mixture or who earvlca* systems (2) Each person who uses or aervieec rule subject to the following condi or fluid that contain PCBs shall devel PCB minim equipment aboil develop tions: op sad implement a plan for the con and implement a plan for the control <1> Each penoo who owns a hydrau trol of PCB exposure aad contamina of PCB exposures and contamination lic die casting system white ever con tion in acooidanoe with annex TIL in accordance with annex VO. Any tained PCB hydraulic fluid shall test Any PCB chemical mbatanos or PCB PCB chemical substance or PCB mix. for the concentration of PCB*s tn the mixture white is stored for use or ser ture which h used to service or repair hydraulic fluid no later than 90 days vicing shall be stored in aooordaaee PCB mining equipment thail be stored after the effective date of this rule with the storage for dlapooai require in accordance with the storage for dis and at 4-month interval* or lees begin ments of annex m. - posal requirements of annex IH. (e> Minim equipment--Distribution in commerce and prnnmelng Persona who aerrioe continuous miners moton owned by others white contain PCB fluid may distribute in commerce and process PCB fluid in a manner other than a totally enclosed manner only for the purpose of servicing these eonUnuoua miner motors until July 1, 1676. subject to the following eondi* Hons; (1) Ninety days after the effective date of this rule each person who ser vices continuous miner moton owned by others with PCB Quid shall report to EPA his business address and the person to whom inquiries should be di rected. This report shall be sent to the Pesticides and Toxio Substances En forcement Division (EN-341), Environ mental Protection Agency. 401 M ning 1 year after the effective date of this rule. If a system's fluid contains greater than SO ppm PCB chemical substanoe (0.0060 percent on a dry weight basis), the system shall be drained of the PCB mixture and re filled with non-PCB fluid or with fluid containing lees than 50 ppm PCB within 1 year of the effective date of this rule and within 10 days after any subsequent test of the PCB concentra tion of the fluid white shows the PCB concentration equals or exceeds SO ppm. PCB mixture* shall bo disposed of In accordance with the require ments of f 711.10. (II) The requirements of paragraph CfXlXl) may be discontinued for a par ticular system after two consecutive tests of samples taken no lorn than 3 rnontha apart show that the PCB con centration in that system Is less than 60 ppm. If It Is subsequently deter (3) Hydrsullo dls casting systems that contain PCB mixtures may be used and serviced subject to tbeoondl- tiaas tn paragraph <tXl> of this toolion in the following manner; ____ (j) Hydraulic fluid wwUleler pcB chemical substance concentration* equal to. or greater than, 80 ppm In die casting systems may be drained from the system for the purpose of redudne the PCB concentration or for disposal PCB mixtures shall be de posed of In aoewdanoo with the re quirements of 1741.10. (ill Hydraulic die casting systems may be flushed and refilled with any Quid that contains toss than 60 ppm PCB chemical substance (ill) Hydraulic fluid removed from hydraulic die casting systems that con tains 80 ppm PCS chemical substance, or greater, may be filtered, distilled, or Street SW* Washington, D.C. 30440. mined that the PCB concentration in otherwise serviced to raduoe tbs PCB Each person who sendee* continuous such a system exceeds 60 ppm. that dwnfcsl substance concentration miner motors owned by others with system shall then be subject to the re bekrwMppm. PCB fluid shall keep a current record quirement* of paragraph (fXlXl) of (g) Carbonless copy paper-use. Car of hit inventory of PCB fluid, the this section until the PCB concentra bonless oopy paper containing PCB* serial number and owner of .each con tion is reduced to below 60 ppm for may be used In a manner other than a tinuous miner motor serviced, the date two consecutive teste of samples taken totally enclosed manner until I year* each continuous miner motor fa aer- no loot than three months apart after the effective date of this rule. maM aawms, voc u, mo. ue-wramsMY, jdw t, ttn \ MCL003436 MOFOttDIMfS 2481? fob-- --th* at A-- PCB contamination of thaae routes and suppUai must be immedlstdy 6. Subpart E to amended by iiMIih turn too. vn wwimni of I lil.it at follow pass. PCB releases that go directly to suifaoe or ground water pane the graat--t stole, followed by headbent threats to surf-- or ground water, available at th* PCB servicing site. Such apparatus must be anfftriont to transfer th* liquid content* of a dam aged article, such as a transformer, or Axxxz YU land rneoaminanofi hi areas where a damaged ontitahier so that a dis humans or stgiUfteant snfcmri popula charge er seta-- can be stopped or } 7<U( PCB t--* aad eostaadasitaa mrtnl HM (U The purpose of a PCB tnpooure mod ooaUmlnirtofi oontool plus (PCB BCCP) to to help hniR that rttos ae* socUtod with activities either author* toed bp or exempted from require* meats of thto regulation are The plan will require dellnnatlonof all step* and procemes Involved In an au thorised or exempted activity and trill Include requirements for notification of proper author!tie* and baaie atepe for reeponao to release*. *uch ae eplU*. of PCB'a. Specifically, each PCS ICC plan shall contain the following Infon motion: (1) A written operations plan that describe* step-by-step procedures to bo followed In the performance of an an* tbortoed PCB activity. The plan shall be cmtoned in an appropriate style and format to inform and instruct the person expected to be performing the PCB activity.' Element* to be Included in the operations plan are: 0) Procedure* tor assembling and testing equipment and apparatus such as piping, hose* pumpa. valves, fit* tlim, etc., in a manner that will pre vent failures, leaks, spin*. or other in cidents that could result in the release of PCB'l fromtb* apparatus. (hi Procedures for operating any equipment or apparatus or process in a manner that wQl prevent failure* leaks, spills, or other Incident* that tions could be exposed, croplands, Isnd and areas that could oonirtbutt to rig* vdflami airborne mowmota of PCB's. Tbt opMkn plit to ctetly dtrateti t& y^on tftuttini when thto above analytic shows the highest riek. (2) A rsgpoam and control plan that dmrrthsd step-by-step procedures to bo followed when a rale-- of PCB's occurs at a PCB um or servicing oper- Him Hm plan pitwnh duns for incident* that range from re leasee of PCB's that are captured hi drip pans to much greater retaasat. sach as tarn at tbs entire contents of a PCB transformer with so-- or aO of the lees --aping the control* estah ltohed in the operations plan. Be* aaents to bo included la the response plan arm <i) Procedures for notifying appro priate individual* and ortantoations of a release of PCB's. Th-- procedures shall Include the foBowing: (A) The name of the personfs) retodf ffty BftftMtnitfng mmmhII to PCS faieldents (dseignated by the aar- ridng and/or using oiganhatinnl. (B> Communication systems astah- ltohed on a 24-hour per day basto to permit expeditious notifirationa. (C> Th* TIB. Coast Guard National Response Center, telephone No. 100424*1602. CD) The Regional EPA Emergency Response Center in the region ha the Imminent risk of a discharge or ro le-- ran be prevented by tneh a trans fer. Tranters shall be made In appro priate containers. (C) Prearranged Mans for transport ing and dtoposlnf of any PCB waste* or residue* at approved PCB disposal sites. 03) Procedure* far removing, ooa- mIwwImm tvwnto'toeHnw nnrf nf large quanttttaa of aoB by a PCB rata-- or discharge. <E> Written tnstractloos and a pro gram qf direct training on at least a semi-annual basis for aB procedure*, equipment, apparatus, tool*, or sup plies that ootid be expected to be used hr a PCB egpu--w and contamination cmfcrol p1**1 (b) A copy of the SCC plan shall be available in each of the following loca tions; U> With the spill prevention, con trol. and counterattMurur* (SFCO plan m required by 40 era X1L (2k In the office for the facility where the servicing U being performed and with other PCB fUea at the princi pal afflen of the servicing organtontion. (3) With each group of employees as they perform the aetittries that may result in an exposure or a contxmtna- tifltt IftflidflBtm <c> No PCB activity authorised by thto ruls to p--tiled uni-- th* PCB ECC plan has been reviewed and cevti- could result in the release of PCB's. which the reteeee oocuxs. fledby a taglsiaged pgufetalawal eagt- Them procedures shall Include the use of csteh or drip pons and any other 00 State and local government pal* lution control authorttto* and any ap neer. The engineer shall attest that the PCB contingency plan baa been devices that will prevent the loss of propriate emergency response centers. prepared in accotdaaao with food en any PCB's during the operations in CP) Persons indicated in paragraph gineering practice and that the plan cluding such operations as removing (aXlXIXA) of thto section shall be no compile* with the provision* of para pipes or hose* or operating valves or tified and shaft retain record* at ail re graphs (a) and (b) of thto section. filling containers. Procedures minimis leases of PCB's. AS releases or dis However, this certification to not de ing worker exposure to PCB's during charges that eseape from the immedi terminative of the plan'a adequacy. At all phases of the operation shall be in ate work area shall be reported to all it* discretion, EPA may review the cluded. persons and organizations in para plan or require a person to demon till) Procedure* for preventing any graphs (aXiXIXAWE) of this section. strate that hi* plan meets the require releases of PCB's that occur from fail In addition, all reporting requirement* ment* of paragraph* (al and (bl of this ures not prevented by paragraphs of 40 CTR118, the T8CAI Me) policy sctton. If EPA finds that a plan does laMlXi) or <U> of this section from statement for reporting of toxica Inci not conform to good engineering prac leaving the Immediate work area. dents (43 ra 111U, March 16, 1878), tice. or if EPA find* that a person to These procedures shall Include such and any other federal, state, or local not implementing any provision of the steps as controlling drainage systems reporting requirements must be met. plan, EPA may take any of the follow- so that PCB's cannot escape from the <li> Procedures for controlling, miti (p| drainage controls in the event of a gating, and cleaning up any releases of U) EPA may require that a pita ac PCB release during the servicing oper PCB's. Such procedures shall Include ceptable to EPA be written and Imple ation. These drainage system controls the following: mented. could include provisions such as tem (A) The location and the proper use (2) EPA may suspend a peraon's porarily plugging roof drains during of PCB container* for any collscted re PCB authorisation until a plan accept PCB servicing operations on tops of sidues ef PCB chemical substances, able to EPA to written and implement buildings or curbing or diking PCB mixtures, debris, sorbents, rags, etc, ed. work areas to provide containment of (B) The location of tools, apparatus, (3) EPA may enjoin future conduct PCB's. in developing these procedures, and supplies for containing pumping which may present an unreasonable an analysis shall be made of the routes and transfering. and/or sorbing any risk of a PCB exposure or contamina that a PCB release could follow and PCB's released from any PCB servic tion Incident the potential environmental risks that ing operations. Such tools, apparatus, (FR Doe. TS-1SM7 Ml ~*-7R 8:4* am] raetout uotiM^voi. , ho ita-wn--r, * r, ivts Milt 14506-01) mvaoNMWTAi noncnoN AQONCY am-o mmIMvImNmi IXb) AOENCT: BwInmBtatol Protection Agency- ACTION: Interim procedure*. SUMMARY! This potter riotewont provides prellntnary guidance for ex porters of polychlorinated biphenyls (PCB'a) sad fully halogenatod ehlorofluoroetlkanes (ehlorofltmroeuboas) on how to comply vitb section l3(bX2> of the Toxic Substoneas Control Act, IS CJ3.C. MIL Section lXbXS) states. In part, that soy person who exports or Intends to export to a foreign coun try a chemical substance or mixture lor which a ml* baa been proposed or promulgated under section < shall notify the Administrator of such ex portation or Intent to export, end dir* ects the Administrator to furnish the roverament of that country notice of such rule. DATE; This policy it in effect es of June 7.1878. TOR PURTHMB INFORMATION CONTACT Margaret Brown, Chemical Infor mation Division Office of Toxic Substances (TS-T83), Environmental Protection Agency. 401 H Street SW* Washington. D.C. 30440. 203 430-4790. SDFPUEMXa<TAL INFORMATION: Rulea under section of the Teste Substances Control Act have been pro mulgated fog efciaraflaoroeartens (40 CPR 763; 43 PR 11334, March 11, 167SL and fbr BMridng and dtagnml of PCS'# (40 cm 761; 41 NR T1B0, Feb ruary 17, 18I6L A section 4 nde Is being proposed to baa PCBs ta todays hwsn Raruem The procedures dsserlbed herein provide interim giddance for cooptytng wtth section l3(bX3X and apply only in submMon of aecticn lXbXI) notieoe for PCB*s andchlorofluorooarbocs. Final girtdanoo. which win supersede these procedures. Is currently being drafted. PubUe oommmU will he for mally sollctted prior to a revUlan of theae prooednrea. Tills notice is procedural guidance and hence Is exempt from the notice and public comment peovtoona of the Administrative Procedure Act, UAC. M3. Dated: May S3.1*78. Donous M. Coexu. Adadafrtrstor. L Rsuoramsxax ran SumoasM er Noncx or Exxon Notice la required for the export of ell chlorofluorocarbon substances and mixtures and for all PCB'I (as defined at 40 CPR 76L3) except tor PCS equipment. Because of the special scope of the FOB rule required by TBCA section Me), EPA MHw that PCS substances, mixtures, artietea, containers, equipment, article contain ers, and PCS coatings, sealants end dust control agents us defined at 40 CPR 761.3 and In today's toman. Raotsm) are ell subject to section 13(b)(3). However, because of the x- tremely maaH of FCBs pres ent- la' Individual mnbunit (auch as tihrvMan sets) EPA baa sonrluiiil do- tlflratiim of exports of PCS aqufe- want wooM be exoaarivaly bardn- eaose. Hence, such nottfimticn is net required under thaw Interim ptnee- doemk ' n. CoanoRacrHons This nodes mwt eeetain Cl) A state ment that It to bring sobealtted pureu- ant to seetioB 13(bX3) and 40 CFR part 763 or asettan 13(bX3) and propoood 40 CPR part 76L3 as appropri ate. (3) the name and eddrese of the exporter, (3) the dates of each ship ment or intended elilieeswit. and (4) the country to which the fully halocenatod chloroflugroafiranea or PCB'a are being exported. DLSoaniaetonorNoxiCB The notloe la to be submitted to the Document Control Officer. Chemical Information Division, Office of Toxie Substances (T8-783X Environmental Protection Awncy, 461M Street SW,, Weobhwton. IXC 30466. IV. OonnaBXUUXT Pereona snbmttting the Information rpoctfled in Put n may amort a claim of bnefnose confidentiality by marking this information as TSCA Confiden tial Bustneae Information.* Infonnation ao marked will not bo disclosed except In accordance with the proce dures set forth in 46 CPR part Z If such claim la not smarted, XPA may disclose the information without pro viding node* of dlseleeure or an oppor tunity to object Ptt Doei Tt-tStto yOed S-4-7S; k4I an) '-'At; 1* > H--Atieemm, voice mm wnuwAY.Abar.iwa Monsanto Monsinto Comptny 800 N- Undbargh Bouivrd St. Louis, Missouri 63180 Phont: 0141 694-1000 August 4, 1978 Office of Toxic Substances (TF-794) Environmental Protection Agency 401 "M" Street, S.W. Washington, D. C. 20460 ATTENTION: Ms. Joni T. Repasch Dear Ms. Repasch: On June 7, 1978, the EPA published a proposed rule in 43 Federal Register beginning on page 24,802 covering Manufactur ing, Processing, Distribution in Commerce, and Use Bans of Polychlorinated Biphenyls (PCB's). This letter sets forth Monsanto Company's comments on the proposed rule. Please include these comments, with the attachment, in the official record of this proceeding. Our comments are divided into two parts. The first part provides general comments which focus on the EPA's proposed maximum concentration of 50 ppm and the justifiable need for a heat transfer system use authorization. The second part sets forth specific language and recommendations related to these matters, and to certain other matters in specific sections of the proposed rule. GENERAL COMMENTS The proposed immediate, mandatory removal from service of heat transfer systems containing fluids whose PCB concentra tion equals 50 ppm or greater is not justified in view of the lack, of any significant risk to health or the environment. To require industry immediately to remove from service and drain all these systems or to replace the systems entirely to meet a 50 ppm concentration level is an arbitrary mandate and will generate a substantial, immediate risk of injury and environmental harm from spillage and result in an abrupt, massive buildup of PCB contaminated fluid without available disposal facilities or time to develop orderly plans to -2- carry out the disposal. Furthermore, the EPA cites no evidence in the preamble of any environmental or health hazard to support the proposed reduction in the regulated concentration of PCB's in a PCB mixture under Section 761.2(w) from 500 ppm to 50 ppm, nor does the May, 1978 EPA Support Document/Draft Voluntary Environmental Impact Statement upon which the proposed rules are based support this reduction. Therefore, Monsanto strongly recommends the EPA withdraw this proposed reduction. Yet even with the withdrawal of the 50 ppm concentration, it is imperative that an authorization be granted for continued use of heat transfer systems containing residual PCB's. The evidence conclusively establishes that the heat transfer system use activity meets the requirements for granting ah authorization to allow continued operation, and Monsanto requests the EPA to grant such an authorization. On page 42 of the EPA Support Document, the EPA states that before it grants an authorization for continuation of a non-totally enclosed use activity the following two requirements must be met: (1) the activity authorized must not pose an unreason able risk of injury to health or the environment, and (2) the ban would cause major and extensive economic disruptions. Regarding the first requirement, an analysis of potential PCB exposure from various sized PCB contaminated heat transfer systems is illustrative of the insignificant risk of injury to health or the environment posed by authorizing continued use of these systems. The highest risk area for leakage in these systems is in the pump seals, but inspection maintenance for pump seals is also emphasized because of user awareness of this risk. A pump seal failure would be rapidly detected by inspectors or automatic monitoring devices and loss of fluid would be unlikely to exceed from 1% to 5% of the total fluid volume in the system. For example, a 500 gallon system containing 1% volume of PCBs has a total PCB content equal to 60 pounds, and a leak of 5% of the total fluid (which is unlikely) would release; only 3 pounds of PCB's. Similarly, a 10,000 gallon system containing a PCB contamination of 500 ppm has a total PCB content of 60 pounds, and a leak of 5% of the total fluid (again unlikely) would release only 3 pounds of PCB's. A leakage of 3 pounds of PCB's is below the EPA's designated harmful quantity for PCB spills into navigable waters (10 pounds) under 40 CFR 118.4 issued pursuant to the Federal Water Pollution Control Act and, in Monsanto's opinion, does not create a significant risk to health or the environment. Furthermore, the above examples are worst case situations because they assume no spill prevention program (for example, diking) or effluent control program in effect. If such programs were in effect it would be highly unlikely for any amount of PCB's approaching 3 pounds to escape into the environment. The proposed immediate, mandatory removal of these systems from service also meets the standards for the second require ment for an authorization by resulting in substantial, widespread economic disruption. Since the EPA states in the preamble and the Support Document that it lacks information necessary to evaluate the impact of the ban on the heat transfer system use activity, the following information is presented which is generally consistent with the specific information requests in 43 FR 24810 relative to hydraulic die-casting systems, and which clearly and conclusively demonstrates this economic impact: 1. Number of systems contaminated. It is estimated that when the sale of PCB heat transfer fluids was discontinued in 1972 there were 450 heat transfer systems using this fluid. This estimate is based on (a) the current level of new systems introduction, (b) the ten year period (1962-72) during which PCB heat transfer systems were specified, and (c) the total volume of 20 million pounds of PCBs sold for heat transfer systems from 1962 through 1971 as reported by the 1972 Interdepartmental Task Force on PCBs COM-72-10419 pages 6 and 7. 2. The average liquid volume of the systems. It is estimated that about one-half of all PCB contaminated heat transfer systems have less than a 500 gallon liquid volume. Systems greater than 500 gallon volumes are estimated to average about 2,000 gallons. These estimates are based upon a review of systems filled in 1977 and 1978 and upon the average system size of Monsanto units converted in the 1970-72 period - a typical cross section of the industry pattern. 3. The range of liquid volume. Heat transfer systems of greater than 10,000 gallons are unusual. Small experi mental pilot plant units may contain 50 gallons. 4. Fluid top-off. Heat transfer fluids are designed to be thermally stable within the recommended temperature range of operation and to operate at low pressure. Accordingly, routine top-off is minimal. Average top- 4' off may be higher because of fluid removal from parts of the system when maintenance is performed on other components of the system such as pumps, valves and heaters or in the event a system malfunction causes a thermal degradation of the fluid. Monsanto's experience indicates that some systems may require no top-off for three to five years; other systems may require a topoff of 50% in one year if major maintenance programs requiring drainage are undertaken. However, systems are not routinely drained. 5. Efforts to reduce PCB contamination. We estimate that greater than 90% of the plants operating with PCB heat transfer systems converted to alternative non-PCB fluids in 1970-72. Some of those converting drained and refilled the system with non-PCB fluid; some drained, flushed and refilled; some drained, chemically cleaned and refilled; and other dismantled and discontinued use of liquid systems. We estimate that these efforts have generally resulted in current system PCB levels in the industry ranging from around 100 ppm to several thousand ppm. Recovery from heat transfer systems would generally be expected to be greater than 90%. Note that for the purposes of these comments the term "recovery" is defined as the percentage of total system fluid volume extracted from the system by draining. 6. Servicing fluids to remove PCB's from systems. Following is a review and analysis of the potential success of three methods the EPA has considered for PCB removal: (a) Drain and refill. If small systems (500 gallons or less) are drained and refilled with a non-PCB fluid, a 98-99% recovery of dissolved PCB's can be expected. This service method will not, however, remove PCB absorbed by the heat transfer system walls. In the case of systems larger than 500 gallons a 90-99% recovery can be expected depending upon the complexity of the piping layout and heat exchanger design. (b) Distillation is of questionable efficiency in separating and removing PCB's from heat transfer fluid due to the similarity in boiling ranges of PCB's and non PCB heat transfer fluids. The boiling ranges for these respective fluids are as follows: PCB Therminol FR 1 617F - 690F Therminol FR 2 644F - 707F -5 Non-PCB Therminol 55 Therminol 66 635F *: 734 F 643F - 668.F (c) Carbon treatment experiments to remove PCB's are currently being conducted to investigate the carbon treatment removal method, but no data are presently available. Present PCB levels in systems - We estimate the range of pcb concentration levels in heat transfer systems to be from about 100 ppm to about 30,000 ppm. Cost of new systems - The cost of a new system could result in a large dollar expenditure compared to the much lower cost of replacing fluid. Replacing a heat transfer system may well mean totally rehabilitating a plant because these systems are integral parts of the users' plants, and replacement of heat transfer systems is impossible without replacement of reactors, coolers and heat exchangers. Such replacement would usually require a multimillion dollar expenditure. Further, the costs of lost production would be extraordinarily high in terms of lost wages, lost sales and product shortages which could impact a wide area of other manufacturing industries using finished products during the length of time required to replace each system. Thus the immediate, mandatory removal of these systems from service would result in substantial, widespread economic disruption in industries using heat transfer systems and the products produced from processes using such systems. * cost of draining and refilling systems - we estimate the cost of draining and refilling systems: would be from $10 million to $30 million, depending upon authorized PCB level, and based upon the model of an average 2,000 gallon system and the estimated 450 systems in the industry. For example, PCB reduction to a' concentration level of 500 ppm in a 2,000 gallon system,-with a current 1% PCB volume (10,000 ppm) and assuming a 90% fluid recovery, would result in a marginal; removal cost of approximately $220 per pound. It is estimated that to reduce from a 500 ppm level to a 50 ppm. level would require a marginal removal cost of about $30,000 per pound. Starting with a PCB content in the. 2,000 gallon system of 240 pounds, draining the system \90% recovery) would leave 200 gallons of fluid containing 2 gallons of PCB's or 24 pounds.* This quantity should. When the system is refilled with 2,000 gallons of flushing fluid, result in a PCB concentration of 1500 ppm. A i MCL003443 second draining and refilling with flushing fluid should initially drop PCB's to 2.4 pounds or ISO ppm, but this amount would shortly increase as PCB's are released from the surface walls into the fluid. Once a proper concentration has been obtained to assure the concentration remains below 500 ppm, the flushing fluid would be drained and the system refilled with non-PCB heat transfer fluid. The direct cost estimates of flushing and draining, excluding costs associated with lost production and resulting disruption of supply to consumers, are as follows: (a) Flushing fluid - 2x2,000 gallons at $2.00 per gallon $8,000 (b) New fill of non-PCB heat transfer fluid - 2,ooo gallons at $8.00 per gallon $16,000 (c) Disposal of initial drainedfluid and 2flushing fluid changes - 6,000 gallons at $2.26 per gallon $16,000 (d) Labor and overhead - 4 men 10 to 15 days $12,000 Total $52,000 This estimate assumes that only two flushings are required and that draining and flushing proportionately reduces PCB concentration level without a major breakdown of the system involving gasket replacement or rewelding which could easily double or triple costs. Based upon this estimate, the cost of removal of 235 pounds would give a marginal removal cost of $220 per pound to achieve a residual level below 500 ppm. To achieve a level of 50 ppm it is likely that at least two further drain and flush procedures and chemical cleaning would be required. At $50,000 per procedure, the final 1.6 pound removal would carry a marginal removal cost of at least $30,000 per pound. The above information relative to environmental and health injury and economic impact is clear evidence which meets the two requirements necessary to support the grant of a use authorization for heat transfer systems containing residual PCB's. Accordingly, Monsanto recommends the proposed rules be revised to authorize for a period of 5 years the continued use and servicing of all 500 gallon capacity or less heat transfer systems used and serviced in a manner other than a totally enclosed manner to the extent these systems contain 1% or less by volume of PCB's, provided users attain this 1% -7- PCB volume within one year after the effective date of the rule. For systems with greater than 500 gallon capacity, Monsanto recommends the EPA authorize for 5 years continued use and servicing of these systems in a manner other than a totally enclosed manner to the extent they contain a PCB concentration of 500 ppm or less, provided users attain this 500 ppm PCB concentration within 2 years after the effective date of the rule. These transition time periods would permit an orderly reduction of PCB levels during which disposal of fluids by incineration could be planned, thereby avoiding spillage and buildup of PCB contaminated fluid inventories awaiting disposal. Please note that proposed language for this use authorization is set forth as new Section 761.31(h) on pages 10-11 of these comments. Specific Suggested Changes in the Proposed Rules Sec. 761.2(w) "PCB mixture." In addition to the proposed arbitrary 50 ppm concentration, the definition includes any material, no matter how dilute in PCB concentration, if the material is contaminated by a substance containing a PCB concentration of 50 ppm or greater. For example, if a gallon of heat exchange fluid containing 500 ppm PCB were diluted to 1,000 gallons with a non-PCB flushing fluid (final concentration 0.5 ppm PCB), the resulting flushing fluid when drained would still be arbitrarily considered a PCB mixture. We recommend the definition be changed to read: (w) "PCB Mixture" means any combination of chemical substances which contains 500 ppm (0.050 percent on a dry weight basis) or greater of a PCB chemical substance. This definition includes, but is not limited to, dielectric fluid and contaminated solvents, oils, waste oils, heat transfer fluids, other chemicals, rags, soil, paints, debris, sludge, slurries, dredge spoils, and materials contaminated as a result of spills. Sec. 761.2(bb) "Manufacture 'for Commercial Purposes.'" We recommend for clarification the addition of the following subsection to the definition, which is consistent with the discussion by the EPA set forth in column 1, 43 FR 24805: (3) As the desired product. Inadvertent manufacture as a by-product in the manufacture of another chemical is not "manufactured for commercial purposes." Sec. 761.2(cc) "PCB Sealant, Coating, or Dust Control Agent." This term is defined based on the state of the MCL003445 -8- analytical art. In complex mixtures such as waste oils, analysis for PCB is not sensitive because of background interference. We recommend that a concentration level be set related to the toxicological properties of PCB's and the demonstrated injury risk associated with human and environ mental exposure. Such a concentration would, among other things, avoid a moving target definition depending upon the sophistication of the analytical equipment used. Sec. 761.2(dd) "Process 'for Commercial Purposes.'" We recommend the addition of the following subsection to the definition. This is consistent with the discussion in column 1, 43 FR 24805 and our proposed modification of section 761.2(bb). (3) for means other than PCB removal. Processing which removes PCB from the material to be used for commercial purposes does not constitute "processing for commercial purposes." Sec. 761.2(ff) "Significant Exposure." This term is defined based on the state of the analytical art. We believe that significant exposure should be, as discussed above relative to Section 761.2(cc), a specific concentration related to the toxicological properties of PCB's and to injury risk associated with human or environmental exposure, we recommend, consistent with the 1977 American Conference of Governmental and Industrial Hygenists publication of Threshold Limit Values for Chemical Substances in the Workplace, that this section be amended to read as follows: (ff) "Significant Human Exposure" means any exposure of humans to PCB chemical substances or PCB mixtures in excess of 0.5 mg/cu. meter TWA for a 40 hour week by an applicable analytical method. Sec. 761.1(gg) "Small Quantities for Research and Development." The definition of this term is unjustified and arbitrary. No data are presented in the preamble by the EPA that use in research has posed any measurable risk of injury to health or harm to the environment. Monsanto has no evidence of any adverse effect of PCB's in laboratory use. We suggest as an alternative replacing section 761.2(ff) with the following wording taken in part from the TOSCA Inventory Reporting Regulations, 42 FR 64576, section 710.2(y): (gg) "Small Quantities for Research and Development" means any quantity of PCB chemical substance or PCB mixture manufactured or processed only for purposes of scientific experimentation or analysis of chemical -9 research on, or analysis of, PCB's, including research or analysis for the development of a product that (1) are no greater than reasonably necessary for such purposes, and (2) are used by, or directly under the supervision of, a technically qualified individual(s). It would also seem appropriate to include as new section 761.2(kk) the definition of "Technically Qualified Individual" based upon section 710.2(aa) of the TOSCA Inventory Reporting Regulations. Sec. 761.2(hh) "Totally Enclosed Manner." This term is defined with reference to section 761.2(ff) and, consistent with our recommended changes above to that section, we suggest section 761.2(hh) be changed to read: (hh) "Totally Enclosed Manner" means any manner that will ensure any exposure of human beings or the environ ment to PCB chemical substances will be insignificant. Sec. 761.2(jj) "Applicable Analytical Method." We propose the following new definition of this term: (jj) "Applicable Analytical Method" means a method (other than the perchlorination procedure) which distin guishes PCB Chemical Substance as defined in section 761.2(t) from all other materials. The basis for exclusion of the perchlorination procedure is discussed more fully in the attached letter dated March 15, 1976 from J. Coleman Weber of Monsanto to Dr. I. E. Wallen of the EPA. Section 761(kk) "Technically Qualified Individual." We proposed a new definition for this terra with the following wording taken from Section 710.2(aa) of the TOSCA Inventory Reporting Regulations, 42 FR 64576: (aa) "Technically Qualified Individual" means a person (1) who because of his education, training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance which is used under his supervision, (2) who is responsible for enforcing appropriated methods of conducting scientific experimentation, analysis, or chemical research in order to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required I MCL003447 10- within the scope of conducting the research and develop ment activity. The responsibilities in clause (3) of this paragraph may be delegated to another indiviudal, or other individuals, as long as each meets the criteria in clause (1) of this paragraph. Section 761.31(f) Hydraulic die casting systemsruse. The same considerations that support a use authorization for hydraulic die casting systems apply to other industrial hydraulic systems as well. Therefore, we recommend that all references in this section to the words "hydraulic die casting system" be changed to "industrial hydraulic system." Section 761.31(h) Heat transfer systems - use. We recommend this new use authorization as follows: (h) Heat Transfer Sytems - Use. Heat transfer systems containing PCB mixtures may be used and serviced in a manner other than a totally enclosed manner until five years after the effective date of this rule subject to the following conditions: (1) One year after the effective date of this rule no heat transfer systems of 500 gallon capacity or less may contain fluid whose PCB mixture volume is greater than 1%. (2) Two years after the effective date of this rule no heat transfer systems of greater than 500 gallon capacity may contain fluid whose concentration of PCB mixture exceeds 500 ppm. (3) Ninety days after the effective date of this rule each person who owns a heat transfer system containing residual PCB's above the authorized levels shall report to EPA, and retain records of, the number of such systems he owns, the volume capacity of each such system, and the PCB volume or concentration, as appropriate, of the fluid contained in such systems. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN-342), Environmental Protection AGency, 401 M Street S.W., Washington, D. Ci 20460. Each person who owns such a system shall also keep a current record of the dates of each draining or refilling and the measured PCB concentration or volume, as appropriate, of the fluid in the refilled systems on those dates for each system. If any such system is -11- sold, the transaction and the parties thereto shall be reported to EPA by the Seller. At its discretion, EPA may require the submission of a copy of a person's current record. (4) Each report submitted to EPA under paragraph (h) (3) of this section shall contain the certifi cation found in 761.31(b)(2). (5) Each person who owns a heat transfer system containing residual PCB's above the authorized levels shall develop and implement a plan for the control of PCB exposures and contamination in accordance with Annex VII. Your favorable consideration of the above comments is respectfully requested. Sincerely, W. R. Corey Director, TOSCA Administration 13" 6 Dr. 1. Z. '..'alien Environmental Protection Agency Office of Toxic Substances 401 M Street S.W. * V.'ashinctcn. DC 20460 ` . Dear Dr. Waller.: .Monsanto has a concern over the validity of the perchlorination technique used by EPA and others to Treasure anc./cr confirm polychlorinated biphenyls in environmental materials. In our investigation of the perchlorination method, ws have fcunc that such chemicals as biphenyl, alkylated biphenyl, and many other substituted biphenyls, interfere with the perchlorir.ation technique. It also appears that various petroleum components may interfere. If these chemicals were present in environmental materials that were being tested for PCB's using the perchlorination method, erroneously high PCS concentrations would be reported. A recent article in the Journal of the AOAC (Vcl.58, No.3, 1935) points out two other limitations of the perchlorir.ation procedure: . 1. High and variable reagent blanks, which cause erroneously high findings, 2. Formation of brononcnachlorobinhenyl, which causes low recoveries. A copy of the article is attached. ` MCL003450 Dr. I. E. Wallen -2- March 15, 1976 Sines these limitations can lead to significant errors in ceremininc trace levels of PCS's in environmental samples, we suggesc that E?A carefully review the validity of the perchlorination technique. Pesults that have been obtained using this technique r.ay r.ot be valid. If any other information is needed, please let us knew. Sincsrelvt J. Coleman he Manager, Prod uc" Acceriaiilit** ir.ah cc: Dr. A. C. TraJcowski Environmental Protection Acency MCL003451 ItOTiCZ: This material may be protected by copyright 466 jocrxaa op the ao.vc (Vol. 5S, No. 3,10*5) Limitation on the Use of Antimony Pentachloride for Perchlorination of Polychlorinated Biphenyls WILLIAM J. TROTTER and SUSAN* J. V. YOUNG Division oj Chemistry and Physics, Food and Drag Administration, Washington, DC 20204 Two contaminant) rt present in commer cially available antimony pentachloride (SbOs) used to perchlorinate polychlorinated biphenyls (PCBi) to decncitlorobiphenrl (DCS). DCS is found in the SIiClj prechlorination reaction blank in which no PCD* were added. liromononachlorobiphenyl (B.NCB) is found after use of SbCIj to perchlorinate PCB*. Levels of DCB found in the SbCls reaction blanks from variout distributors ranged from 8 to 972 ng DCS/ ml SbClj. Tlte relationship of the formation of BiVCS to amounts of various PCB Aroclors perchlorinoled is examined. Polychlorinated biphenyl (PCBs) residues are extracted, cleaned up, and detected by methods similar to those used for organoefciorine pesti cides. PCB residues are quantitatively deter mined by comparing the gas-liquid chromato graphic (GLC) response of the multicomponent residue and commercial PCBs (Arcelor*) or a mixture of Aroclors producing a GLC response pattern similar to that of the residue tl). This approach is limited because the multicomponent PCB residue may not have the same propor tional composition as the Arodor or Aroclors used as the quantitation reference. Residues can be composed of mixtures of chlorobiphenyl com ponents from more than 1 Aroclor. Metabolic and other environmental factors complicate the description of the PCB residue composition. There has been considerable work to develop methods to convert the raulticomponeri PCBs to a single derivative on which to base the resi due determination. Procedures have been re ported to catalyricallv dechlorinate PCBs with hydrogen over palladium or platinum to bi phenyl, cyclohexylbenzene, and biryclohexyl (2, 3). A principal disadvantage with that pro cedure is that the hydrocarbon product is determined with a GLC flame ionisation detec tor, resulting in low sensitivity. Attempts have been made to convert PCBs to the fully chlor inated dccacblorobiphenyl (DCfil {2-5). Ar mour (0) reported optimum conditions for perchlorinating PCBs with antimony pentachloride (SbCl,). The method provides a qualitative confirmatory procedure for PCB determination. The GLC electron capture detector response i.enhanced because total PCBs are manifested as a single peak for DCB. In measuring the sin?:peak for DCB the analyst is not faced v.i:h analytical judgments such as baseline correctin':, method of integration, or discrimination between PCBs and aon-PCB components. However, it is necessary to be aware that the various Aroclors give rise to different equivalents of DCB ('/ and that the noachlorinated biphenyl (also use'.; as a fungicide) is perchlorinated by SbCl, tDCB. Nonetheless, using the perchlorinatio:: derivarization can reinforce the residue value determined by measuring a mullieoraponer.t PCB residue. During attempts to apply the perchlorination derivatization in determining low residue levelof PCB and make use of the increased electron capture response to DCB, 2 contaminants werindicated which led to erratic recoveries of DCB. Experimental Reagents and Apparatus fa) Antimony pentachloride.--Hooker ChemicaL Niagara Falls, NY 14302 (received in glass bout.' with lead-lined cap); Mntheson Coleman BA (MCB). Norwood. OH 44212 freaeent grade' Bd:A (Allied Chemical), Morristown, XJ 07?'-5 (reagent grade. PD'c); Research Organic-!norgatu Chemical (ROC-R1C). Bcll.-villt, XJ . 07b. ` (93.&9fJ); and j. X. Baker Chemical. Ptiillipsbur;. NJ 05S65 (Baker Analyzed Reagent). (b) Cat chromatograph.--Starle-Aualytis (D--.- Plaines. IL 600SS1 Model 5340 with 4' X 1 mm :. glass column containing 19 OV-101 on S0-K mesh Cbromosorb VV (HP). Operating conditinr.j: column flow, CO ml nitrogeo/min; column. 202CC. detector, 202C; injector, 225*C; pin-up diA--: electron capture detector with titanium *H f":.1 detector-volt ape (constant del adjusted to c:n:.one-hall full svilo recorder deflection far 07 t. DCB when full scale deflect inn is 1 X 10'' (c) Mars rpcctnuneler.--Varian MAT (25 I'm:' 22. Springfield. NJ Q70SU CHo-DF mas# spectrer: ctcr (MS) collided to Varian Aerograph 27 10 r MCL003452 Tftorrnt * vov.vo; rEncia.ontN.vno>; or rcu 467 chromaiogrorh via e!l-glt system usnc WatioDBirauan 2-#t*se separator. GLC oc><rj*ini; eosditious: 4'X * wo id fliss column coniumr.? 3To OY-t on SO-1W rr.*ih Ckrotaosoth TV (HP); column {otr, CO ml helium min; column 2i(PC. MS operati05 conditions: electron energy, <0 cv; emission current, 300 *a; multiplier voltage, 22 kv. RmuIu nd Dircujslon A peak identical to that of DCB eras found in tlie reaction blank for the Armour perchlorinaiion procedure (6) with the described GLC operating conditions. The identification 01 DCB wjs confirmed by GLC-MS o:` a hexane extract of a hydrolyzed sample of SbCU which had not been .subjected to the percblorinasion procedure. Various quantities (02-2.0 mil of SbCl- from the 5 commercial sources were examined to de termine the presence of DCB. SbCU. alone was carried through the perchlorinatton reaction (0) except that no CHCU was present with SbCl4 in the reaction vessel. DCB was determined by GLC. Table 1 lists the amounts of DCB found. After perchJctinating PCBs with SbCU, a secondary peak with a GLC retention time rela tive to DCB of 1.31 was observed similar to that reported by Huckins H al. (7). This later eluting peak is seen in Fig. 1, the chromatogram from the 02 ml SbCl* (Hooker Chemical)' perchlor ination of 0.50 /it Aroclor 1221. This peak was found when SbCI4 from each supplier was used. The peak was determined by GLC-MS to be due 0) bromonouachlorobiphenyl (3XCB). BXCB was assumed to be a competing product with DCB arising from a small amount of SbCl,Br in SbCl,, so parameters relating to possible limitations of the perchlorinatton procedure were studied. Various quantities (0.5-10 of Aro- clors 1221, 32-12, 1251, and >200 :n CHCI1 were serchlorinated. Recoveries of DCB and estimates rf the relative amounts of BXCB formed are given is Table 2. Calculation of the relative T*bl l. DCB (nf/ml) formed from vrlou Amounts el SbCtj SbCl j. ml Supplier 0.2 1.0 2.0 Av. ;oktr Chemicsl 'CB AA OC-RIC T. Baker 37 u 47 35 <2 33 33 *0 1W2 913 9)2 37 33 12 12 t 1 18 no. I--Electron espture GLC curve from the t.t ml SCCts (Hooker Chemicet) perchlartnetlen ot O.50 Aroclor 1221: 0.51 ng equivattnc Aroclor 1221 Inlocitd. Peek 1 represents 0-81 ng CCS. Peek 2 lepretent* 0.28 ng BNCB. amounts of BXCB product formed was based on comparison ol the electron capture GLC peak height of BXCB with that of a DCB reference. The amount of DCB determined in the reac tion blank was directly proportional to the amount of SbC), used (Table 1). This indicates SbCU was the source of the DCB and that contamination from other possible sources dur ing the perchlorinatkm was negligible. The pro cedure for percblorinating PCBs specifies the use of 02 al SfiCIj. SbCl, producing S-972 ng SbClj/ral in the reaction blank would add 05 65 ppb. based on a 3 e sample. DCB produced in the reaction blank was as sumed to come from PCB contamination of SbCU. In an effort to locate the origin of this contamination, SbCU bottle closures were investi gated. GLC analysis of hexane, in which the plastic caps were soaked for 4 days, did not reveal PCBs. Hooker Chemical, the sole do mestic source of SbCl4, supplied SbCl, in glass bottles with lead-lined caps. This bulk supplier of SbCU indicated that the production of chlo rine in carbon anode half-cells with linseed oil or Oliver organic binders forms certain organic compounds: however, the destructive oxidative environment in the electrolytic cells would make the production of PCB unlikely as a result of this pathway. On the other hand, antimony metal is commonly obtained as a metallurgical by-prod uct by carlvuv reduction of its oxide: therefore, 4G8 JOURNAL OF THE AOAC (Vol. SS, No. 3, l!>7.r' Tiblv2< DCS #ntf 8NC8 f*bfn prehlrlratlon of various ArocJort with 0.2 mi SbCIj1 Amt, Aroctor Me oca reed, % BNCB* DCS - BNC8* reed. eombintd % rec.% 1269 10 list 10 1242 10 1221 10 use 4 1254 4 1242 4 1221 4 1260 0.5 1254 0.5 1242 0.5 1221 0.5 K0 84 0 28 4 67 - IS 81 0 to 0 78 8 70 18 89 2 72 6 72 10 60 19 ES 84 92 13 81 89 85 88 91 84 82 79 4 Hooktr Chemical SbCij. * Quantity calculated by comparison of electron cap* lure GlC response to BNC8 vs. response to OCB refer ence standard. it is conceivable that PCBs could be associated with the antimony metal employed in the SbCl5 process. No heat transfer systems containing PCBs are used in either the chlorine or SbCI5 production facilities, and SbClj does not come into contact with plastics in the manufacturing operation or in shipping containers (Hooker Chemical and Plastics Corp., 1P7-!. private com munication) . Two parameters (various quantities and vari ous Aroeiors) were studied in relationship to the production of BXCB as a competing prod uct of DCB during the perchlorination of PCBs. BXCB was calculated by comparison of the elec tron capture GI.C response to BXCB vs. the response to DCB. Several factors are considered: (/) In this reaction bromination := kineticallv favored over chlorination. With ncrchloriiuitkm of lower amounts of PCBs the relative yield BX'CB to DCB is greater because the broini:: aling agent is the limiting quantity in center: inated SbClj. (J) Bromination occurs to a hr;degree for a given quantity of the less chlor: anted PCBs such as Aroeiors 1321 and IX.rather than for 1234 and 1260. This likely is d\ to a greater number of reactive sites and stcric hindrance. (3) In the range of PCBs per chlorinated (0.5-10 /<g) in the above study, it likely that with lower amounts of PCBs and or less chlorinated Aroclnrs the decrease in B1'' recovery' is principally due to the increase BXCB formed. One of the major advantages of perchlorin.i tion in determining minute quantities of PC:" is the inherent increase in effective GLC det:-: tor response. Contaminated SbCl,, as descrir here, would preclude its use in many of the cases. RcrtBEXCES 0) Official Method* of Analvrii (1975) 12th E.' AOAC, Washington, DC, secs. 29.001-29.CC * (2) Atai, R.t Gunther, R, Westlake. \V,, k lira: V. (1971) J. Aqr. Food Chem. 19, 395-39$ (3) Berg, 0. tV.. Diossdy, P. L., & Rees. G. A.' 0972) Butt. Environ. Contain. Tozicol. 33S-347 (4) Hutzinger, 0. W., Safe, S., & Zitko, V. (19V. Int. J. Environ. Anal. Chtm. 2. 95-105 (5) Hutzinger, 0. W, Jamieson. D, Safe, S.. Zitko, V. (1973) J.IOAC 56.9S3-9S3 (6) Armour. J. A. (1973) JAOAC J6. 9S7-903 (7) Hurkins, J. X., Stransou. J. E,, <fc Stalling. 1 L. (1974) JAOAC 57,416-417 Aufiu.-t ?|. |D?4. Ihi# piper printed it th $Sh .Innuit Mtet.r.: the AOAC. Oct. H-J7, 1974. 4i Washington. DC. rz Srx MCL003454 ANALYTICAL TEST METHODS Nothin contained herein is to be construed as a recommendation to use any product in conflict with any patent. MONSANTO MAKES MO WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS REFERRED TO, no guarantee of satisfactory results from reliance upon information or recommend ations contained herein and disclaims all liability for any resulting loss or damage, whether a claim is based in contract, negligence, strict liability or otherwise. MCL003455 Analytical Chemistry * Method 73-9 Job Mo. 1048006 DETERMINATION OF POLYCHLORINATED BIPHENYLS IN THBRMINOL 66 BY ELECTRON CAPTURE GAS CHROMATOGRAPHY SCOPE This procedure is intended for the determination of polychlorinated biphenyls (PCBs) in Therminol 66. PRINCIPLE ' The procedure is based on the fact that PCBs give a characteristic fingerprint chromatogram when analysed by EC/GC. The Therminol 66/ per se, does not interfere with the measurement but may contain some impurities with electron capture activity. This procedure measures electron capture impurities eluting at the same retention time as PCBs. If absolute confirmation is desired, GC/Mass Spectrometry techniques must be used. REAGENTS AND EQUIPMENT . 1. Hexane - Fisher - "Nanograde", Cat. No. H-300. 2. Usual laboratory glassware. 3. Hewlett-Packard 5750 Research Chromatograph equipped with a 6^Ni electron capture detector (pulse -- 50 p sec.). GAS CHROMATOGRAPHIC CONDITIONS Column: 2a X 1/4" 4% XE-60 on 80/100 Chromosorb W, H.P. Temperatures: Flow Rates: Injection Port - 190C Column - 170C Detector - 300C Purge - 10% Argon/Methane 120 ml/min. Carrier - Helium - 60 ml/min. PROCEDURE 1. Prepare a calibration curve by injection 2; 4, 6 and 8 yl of a PCB (Aroclor 1242) solution in hexane containing about 0.5 ng/pl. Plot Ng of standard vs the area of the PCB peaks on linear graph paper. ,. 2. Weigh 0.2g of sample to the nearest milligram into a 25 ml volu metric flask, dissolve and dilute to volume with nanograde hexane. s3. Inject a suitable size aliquot of this solution into the chromato graph (^5 ul). To insure accurate data, the sample chromatogram must fall within the range of the calibration standards/ Measure the area of the PCB peaks and read the nanograms from the calibration curve. ' Method 73-9 Page No. 2 CALCULATIONS ppm PCBs (as Aroclor 1242) (Nanograms from Curve)(Volume of sol'n, in ml) (Injection Volume, in'pi)(Sample wt., in gm) (Nanograms) (25)________ (Injection Volume) (0.2) RECOVERY EXPERIMENTS A typical lot of Therminol 66 was analyzed by the above procedure and a chromatogram which was not typical of PC3s was obtained. Measure ment of the area where PCBs would elute gave a value of 17.1 ppm. This sample was spiked with 25, 50 and 75 ppm PCBs (Aroclor 1242) and the following data obtained. Therminol 66 + 25 ppm Aroclor 1242 Duplicate . Therminol 66+50 ppm Aroclor 1242 Duplicate Therminol 66+75 ppm Aroclor 1242 35 - 17* ss 18 43 - 17 as 26 59 - 14 s 45 64 - 14 ss 50 78 7 71 Background from PCB free Therminol 66 In practice, there will be no way to correct the background inter ference from the impurities in the Therminol 66 and so numbers below 50 ppm will probably be biased on the high side. Samples which give chromatograms not typical of PCBs should be reported as none detected, less than the calculated value. db Monsanto Industrial Chemicals Co. Applied Sciences St. Louis, Mo. 10/73 - O. Hicks, E. S. Tucker Analytical Chemistry Method 73-8 Job No. 1048006 DETERMINATION OF POLYCHLORINATED BIPHENYLS IN THERMINOL 55 BY ELECTRON CAPTURE GA$ CHROMATOGRAPHY SCOPE This procedure is intended for the determination of polychlorinated biphenyls (PCBs) in Therminol 55. PRINCIPLE The procedure is based on the fact that PCBs give a characteristic fingerprint chromatogram when analyzed by EC/GC. The Therminol 55 does not interfere with the measurement. This method measures electron capture active materials eluting at the same retention time as PCBs. If absolute confirmation is desired, GC/Mass Spectrometry techniques must be used. REAGENTS AND EQUIPMENT 1. Hexane - Fisher - "Nanograde*', Cat. No. H300. 2. Usual laboratory glassware. 3. Hewlett Packard 5750 Research Chromatograph equipped with a 63 Ni electron capture detector (pulse - 50 p sec.). GAS CHROMATOGRAPHIC CONDITIONS Column: 2M X 1/4" 4 XE-60 on 80/100 Chromosorb W, H.P. Temperatures: Injection Port - 190 Column - 170* Detector - 300 Flow Rates: Purge 10% Argon/Methane 120 ml/rain. Carrier - Helium - 60 ral/min. PROCEDURE 1. Prepare a calibration curve by injecting 2, 4, 6, and 8 pi of a PCB (Aroclor 1242) solution in hexane containing about 1 ng/ui. Plot ng of standard vs the area of the PCB peaks on linear graph paper. 2. Weigh 0.2g of sample to the nearest milligram into a 10 ml volumetric flask, dissolve and dilute to volume with nanograde hexane. 3. Inject a suitable size aliquot of this solution into the chromato graph ('vSyi). To insure accurate data, the sample chromatogram must fall within the range of the calibration standards. Measure the area of the PCB peaks and read the nanograms from the calibration curve. ' 0695116 MCL003458 Method 73-8 Page No. 2 CALCULATIONS ppm PCBs {as Aroclor = 1242) (Nanograms from curve)(Volume of sol'n, in ml) (injection volume, in pi)(Sample weight, in gm) (Nanograms)(10) (injection volume)(0.2) RECOVERY 0.2g Samples of Therminol 55 were spiked in duplicate with 25, 50 and 75 ppm of Aroclor 1242 and 93.4 + 5.3% recovery was obtained. db Monsanto industrial Chemicals Co. Applied Sciences St. Louis, Mo. 10/73 - 0. Hicks, E. S. Tucker 0695117 MCL003459 COMPANY NAME Aerojet Propulsion American Mineral Spirits Argus Chemical Atlantic Cement Co. American Cyanamid Company Wayne, New Jersey 07470 Amoco Armstrong Cork Liberty and Charlotte Sts. Lancaster, Pa. 17604 Atlantic Richfield Company 515 So. Flower St. Los Angeles, Ca. 90071 Allied Chemical Corp. 1221 Avenue of the Americas New York, N.Y. 10020 Alpha Portland Cement Co. Alpha Building Easton, Pennsylvania 18042 Brea Canyon Oil Company 1531 Canyon Road Brea, California 92621 Bendix Corporation Bendix Center Southfield, Michigan 48076 Borden, Incorporated 277 Park Avenue New York, N.Y. 10017 SUBSIDIARY OF General Tire One General Street Akron, Ohio 44329 Union Oil Company Union Oil Center ' 46l South Boylston St. Los Angeles, Cal. 90017 Witco Chemical Corporation 277 Park Avenue New York, N.Y. 10017 Newmont Mining Corporation 300 Park Avenue New York, N.Y. 10022 Standard Oil Company of Indiana 200 East Randolph Drive Chicago, Illinois 60601 COMPANY NAME Burlington Industries 3330 West Friendly Avenue Box 21207 Greensboro, North Cara. 27420 Badger By Products (Badger Products?) SUBSIDIARY OF Raytheon Company Executive Office 141 Spring St. Lexington, Maine 02173 Chanslor Western Oil 10737 Shoemaker , Sante Fe Springs, Calif. 60670 Chefs Best Food Midwest Food Distributors, Inc. 600 1st St. S.E. Cedar Rapids, Iowa Chemical Processors 5501 Airport Way South Seattle, Wash. 98108 Colorado Oil Company Prudential Plaza 21st Floor, Room 46 Denver, Colo. 80202 .Colter Corporation P.0. Box 751 Cannon City, Colorado 81212 * Cellu-Craft, Inc. 1403 Fourth Avenue New Hyde Park, N.Y. 11040 Cargill Inc. 14910 Market St. Cbannelvievi, Texas 77530 ' Carborundum Carborundum Center Niagara Falls, N.Y. 14302 Chevron Edwin Cooper Standard Oil of California Standard Oil Building 225 Bush Street San Francisco, Ca. 94104 Burmah Oil Company 909 Pannier Houston, Texas 77002 Cabot Titania' Cabot Corporation 125 High Street Boston, Mass. 02110 COMPANY NAME SUBSIDIARY NAME Campbell Soup Company Campbell Place Camden, N.J. 08101 Cold Spring Company 130 S. 1st St. Cold Springs, Minft, 56320. . Conalco Phelps Dodge Corporation 300 Park Avenue New York, N.Y. 10022 Duval Sierrota DuPont 1007 Market Street Wilmington, Delaware 19898 Pennzoil Pennzoil Place P.O. Box 2967 Houston, Texas 77001 DeSoto, Inc. 1700 S. Mount Prospect Des Plaines, 111. 60018 Dana Corporation 4500 Dorr Street P.O. Box 1000 Toledo, Ohio 1)3697 Detroit Housing Commission 2211 Orleans Detroit, Michigan 1)8207 Detroit Metro Water Works Water Board Building 735 Randolph, Detroit, Mich. 48226 Dow Corning Midland, Michigan 48640 Eureka Chemical 234 Lawrence Avenue San Francisco, Calif.. 94112 Easta3 co Manor Woods Road Fredrick, Maryland 21701 H.H. Evon Company 4051 West 51st Street Chicago, Illinois 60632 Exxon 1?51 Avenue of the Americas Hew York, N.Y. 10020 COMPANY NAME AVCO 1275 King Street Greenwich, Conn. 06830 Federal Color Lab. 4526 Chickering Avenue Cincinnati, Ohio 45232 Firestone 1200 Firestone Parkway Akron, Ohio 44317 Flint Chemical Coating The Fllnkote Company 1351 Washington Blvd. Stamford, Ct. 06902 Ford Motor Company The American Road Dearborn, Michigan 48121 Ginther N.C. Gas Gillette, Wyoming 82716 Great Lakes Carbon 299 Park Avenue New York, N. Y, 10017 General Electric 3135 Easton Turnpike Fairfield,Conn. 06431 General Tire One General Street Akron, Ohio 44329 Goodyear Tire and Rubber 1144 E. Market Street Akron, Ohio 44316 W. R. Grace Grace Plaza 1114 Avenue of the Americas New York, N.Y. 10036 Guardsman Chemicals 1350 Steele Ave., S.W. Grand Rapids, Mi. 49507 SUBSIDIARY OP COMPANY NAME SUBSIDIARY OP GAP Corporation 140 N. 51st Street New York, N.Y. 10020 Grumman Aerospace Bet hp age .. Long Island, New York 11714 Glidden Durkee SCM Corporation 299 Park Avenue New York, N.Y. 10017 Gas Engines and Comp. `32 Ann Street Charleston, S. C. 29*103 ' P.D. George 5200 N. Second St. St. Louis, Mo. 631*17 Holy Cross Hospital 4777 East Outer Drive Detroit, Michigan 48234 . . Hooker Chemical Co. Occidental Petroleum IO889 Wilshlre Blvd. Los Angeles, Calif. 90024 Hexagon Chemical 3536 Peartree Avenue Bronx, N.Y. 10475 Hudson Cement `i Penn Dixie Industries, Inc. 1345 Avenue of the Americas New York, N.Y. 10019 ? Inmont Corporation 1133 Avenue of the Americas New York, N.Y. 10036 Intalco International Regal 74 Kilbourne St. New Bedford, Mass. 02740 Jiffy Manufacturing 2720 Der. Plaines Avenue Des Plaines, 111. 60018 International Aluminum Company 767 Monterey Pass Road Monterey Park, Ca. 91754 COMPANY NAME Jefferspn Chemical Kendall Oil Koppers Company Koppers Building Pittsburgh, Pa. 15219 Lever Brothers 390 Park Avenue New York, N.Y. 10022 Lubrizol 29*100 Lakeland Blvd. Wickliffe, Ohio *1*4092 Lanson Chemical . Lawrence Paperboard 250 Canal Street Lawrence, Mass. 018*42 Benjamim Moore 51 Chestnut Ridge Road Montvale, N.J. 076*15 Motorola 1303 E. Algonquin Road Schaumburg, 11. 60196 Marathon Oil 539 So. Main St. Findlay, Ohio *458*40 Mobay Penn Lincoln Parkway W. Pittsburgh, Pa. 15205 Murphy Oil , 700 Aquitaine Tower 5*10 5th Avenue S.W. Calgary, Alberta T2P 0M2 Canada SUBSIDIARY OF Texaco, Inc. 135 E. *42nd St. New York, N.Y. 10017 Witco Chemical Co. 277 Park Avenue New York, N.Y. 10017 * Morris Industries 31 and Tudor P.0. Box 128 East St. Louis, 111. 62202 '1 COMPANY NAME Malden Mills 46 Stafford Street Lawrence, Mass. Ol84l Milimaster Onyx MERGED INTO SUBSIDIARY OP Kewanee Industries, Inc. 40 Morris Avenue Bryn Maur, Pa. 19010 M-R Plastics and Coatings, Inc. 11460 Dorsett Road Maryland Heights, Missouri 63043 National Southwire Co. National Tea 9701 West Higgins Road Rosemont, II. 60018 National Steel 2800 Grant Building Pittsburgh, Pa. 15219 National Can 8101 Higgins Road Chicago, II. 60631 New England Petroleum 825 3rd Avenue New York, N.Y. 10022 ' Norton Company 1 New Bond Street Worcester, Ma. 01606 Noranda Aluminum Noranda Mines Ltd. P.0. Box 45 Commerce Court West Toronto, M5L 1B6, Canada Owens Corning Fiberglass Corp. Fiberglass Tower Toledo, Ohio 43659 Oil Base, Inc. Texas 3625 S,W. Freeway Houston, Texas 77027 COMPANY NAME SUBSIDIARY OF PPG Industries 1 Gateway Center Pittsburgh, Pa. 15222 Plastic and Rubber Products Company 2150 Parco Avenue Box 970 Ontario, California 91764 Mrs. Pauls Kitchens, Inc. 5830 Henry Avenue Philadelphia, Pa. 19128 Pfizer Inc, 235 East 42nd St. New York, N.Y. 10017 Pioneer Plastic Plonite Road Auburn, Maine 04210 Pitt Consol. Chem. Continental Oil Company Highridge Park Stamford, Conn. 06904 Parkson Corporation 5601 N.E. 14th Avenue Port Lauderdale, Florida 33308 Pee Dee Fabrics Burlington Industries, Inc. 3330 West Friendly Avenue Box 21207 , Greensboro, N.C. (OFFICE) Republic Steel Corp. Republic Building Cleveland, Ohio 44101 Reynolds Metals Company Reynolds Metals Building Richmond, Virginia 23261 RIverhouse Detroit 89OO East Jefferson Detroit, Michigan 48214 Randy Manufacturing 32 S. Main Street Randolph, Mass. 02368 Resyn Corporation 1041 Blancke St. W. Linden, N.J. 07036 Raychem Corporation 3000 Constitution Drive Menlo Park, California 9*1025 $ ! i i i- it I i?1 1 R' MCL003467 COMPANY NAME Stauffer Chemical Company Westport, Connecticut 06880 Tenneco Inc. Tenneco Building P.0. Box 2511 Houston, Texas 77001 Texaco Incorporated 135 E. 42nd Street New York, N.Y. 10017 SUBSIDIARY OP Tecumseh Products Marion Division Marion, Ohio 44302 Thiele Kaolin Company P.O. Box 1056 Sandersville, Georgia 31082 Union Camp' Corporation 1600 Valley Road Wayne, N.J. 07470 Union Carbide Corporation Union Carbide Building 270 Park Avenue New York, N.Y. 10016 Uniroyal Inc. Oxford Management and Res. Center Mlddlebury, Conn. 067^9 U.S. Steel Corporation 600 Grant Street Pittsburgh, Pa. 15230 GENERAL OFFICE 71 Broadway New York, N. Y. 10006 CORPORATE OFFICE 100 West 10th St. Wilmington, Delaware United Aircraft Products, Inc. 1116 West Stewart Street Dayton, Ohio 45408 Velsicol Chemical Corporation Northwest Industries, Incorporated 6300 Sears Tower Chicago, 111. 60606 Van Dyke 11 William Belleville, New Jersey 07109 Westingbouse Electric Corporation Westinghouse Building Gateway Center Pittsburgh, Pa. 15222