Document zdyOKD4zJd6xnOdKy9dEGYLEm

ATTACHMENT 3 BACKGROUND STATEMENT BY ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR, RUSSELLE. TRAIN AT A PRESS CONFERENCE ON PCB's, MONDAY, DECEMBER 22. 1975, WASHINGTON, D.C. I am announcing today an EPA iction plan to reduce, as rapidly and effectively as we can, the serious threat of polychlorinated biphenyls (or PCB's) to hum,.n health and the environment. Since their introduction some 45 years ago. PCB's have beet used in a variety of commercial and Industrial products such as transformers, capacitors, paints, inks, paper plastics, adhesives, sealants and hydraulic fluids. Because of this wide use and because PCB's do not readily degrade, v/e find, today, that they aqe widely dispersed throughout the environment--in landfills, soils, rivef- and lake sediments, in our air and water and in wildlife and human tfssue. Of partiiular concern, we are currently finding PCB levels exceeding the FDA Hr. it of five parts per million in fish taken from the Great Lakes, the upper Mississippi River, off the Southern California coast, thu-GuH--of-Mex'hro and in the Hudson River and other waterways in New York State. PCB'-; are known to cause significant adverse effects In fish and aquatic life at these and lesser levels. In addition, they have been 'ound in laboratory tests to cause reproductive failures, gastric disorders, skin lesions and tumors in mammals. Consequently, we believe that PCB's constitute a significant hazard to human health and the environment and must be immediately and effectively controlled with every Deans at our disposal. Because of this hazard and ou-- finding that the environmental burden /. from PCB's Is already too grsat and is growing, it Is plain to me that we must, as a society, accert and work toward a goal of totally eliminating the production, importation and use of PCB's as rapidly as possible. "Furthermore, we must make e ery effort to assure that those PCB's now in use do not enter the env .ronmen .. At the same time, the public should be under no Illusion: as to the difficulty of dealing with this problem. We have absolutely no authority under existing law to stop or restrict uses of PCB's. Until the passage of Toxic Substances Control legislation by the Congress, we must rely heavily on voluntary actions by Industry. In any event, it wil not be possible to eliminate the use of PCB's overnight. Even if we corld eliminate these uses iiwiedintely, we would have to face the fact tha . there are hundreds of millions of pounds of PCB's out there in the environment--in landfills, soils and the bottom sediments of,rivers, lakes, and estuarles--whlch will be there for years, like a delayed-action time bomb, and which we have no way to kc-ep from moving into life systems, including humans. With all that we can do, It may take many years before we are able to see a significant decline In the levels of PCB's in the env ronment. Nevertheless, we must begin at once, Even though our authorl .ies are Inadequate, we must do all that we can. I am, therefore, taking the following steps: . MCNS 060351 2 1. I am directing our regional offices, In active cooperation with the str.tes, ti ismisdiately establish requirements to virtually elimir.ati- PCB's from the process wastes of all / TOnufacUirars of PCB's an I of capacitors and transformers that utinieTt&'T .2 I am calling on Uv leadership of the manufacturers of PCB's and the major manuf icturers of transformers and capacitors to devilop safe and envlr inmentally acceptable alternatives for PCB's as rapidly as pissibte. I am scheduling a meeting in January with representitives of these manufacturers to discuss and lav out sped Me plans to achieve this end. 3. I am calling on the presidents of major electric utility companies and other BajorTisers" of large capacitors and transf1' mers, such as railroads, to assume responsibility for controlling the use and disposal oT their PCB's. To this end, 1 am writting representatives of the companies and their principal industrial "assorTHTTons to meet with me in January to discuss how this might be accomp ished as rapJdTy amf" effectively as possible. 4. I am proposing regulations to control the environmental damage that results from spills of hazardous substances, Including PCB's EPA will move as npidly as possible to finalize these regulations after a public comient period. 5. I am writing State Governors to as1; them to carefully examine and apply their authorities to deal with the PCB problem. 6. 1 am writing the heads of selected Federal agencies to ask them to immediately inventory their uses of PCB's and PCB-containing materials and to develop plans to assure adequate management and safe disposal of. these materials. 7. In addition to these stejs, I am initiating a number of other programs to find'ways of eliminating the environment discharges from other sources of PCI's including paper recycling operations, the investment casting industry, and the disposal of electrical consumer products wlrch contain PCB's. Before I describe these and other actions in more detail, let me describe the history of past efforts to deal with PCB's and the nature of the problem. MGHlS 06035i EARLY OTOKTS In 1972, a federal interagency task force was formed to address the question: what do we know and uhst should be done about PCBs in tho environment? At that time, PCBs had been in wide industrialise in the United States for about 40 years. Approximately 80 million pounds were being domestically produced annually, Thesc PCBs" were used in various coimerica) and industrial products including electrical equipment, printing inks, carbonless copy paper, paints, sealants, adhesives, plastics, and hear, transfer and hydraulic machinery fluids. The task foicc concluded that PCBs were highly persistent, tould be found in x. 11 part: of the environnment, could "bioaccimulcte" to unacceptably high levels in fish, and could have serious adverse effects on human health. The task force also recognized, that PCBs had significant ad vantages over other materials for uses in closed electrical systems. They conduct heat but not electricity., : nd in 1972 it appeared that the only available suKxtjtutes for PCBs in capacitors and in trans formers--which are wluely`use3 in indoor electrical systems--\>;ere_top flantnable. To have prohibited PCBs for these uses would, in effect," have'substituted a safety hata-d for a health hazard, The task force rccomi>ended--and the Federal Government adopted--a policy of confining PCB use to closed electrical systems. The Monsanto Company, the :ole Ameri:an producer of PCBs voluntarily restricted sales of PCBs, prior to the tusk force report, to uses in closed electrical systems. The American National Standards Institute issued guidelines for industry on the uso, disposal and labelling of PCBs. The Environmental Protettion Agency announced that it would take steps to limit discharges of industrial effluents of PCBs into rivers and lakes. Tlie Fi cd and Drug Administration established temporary tolerances for PCBs in several types of food and set limits on PCB contamination in food packaging and in food processing plants. In addition, the General Services Administration banned PCBs in paper, purchased by tlie Federal government and the Department of the Interior prohibited future use of PCBs in off-shore oil operations. In February, 1973, in the first international agreement aimed at limiting the production and use of chemicals in order to protect the environment, tlie Or ;anization `or Economic Cooperation and Developncnt announced a decision to rcconmund to member countries that the use of PCBs bo prohibited for induitrial or commercial purposes except in certain closed systems. One member country, Japan, subseeiucntly banned the future production or import of l'CBa for all uses, after PCB contamination of rice oil adversely affected 1000 people. MQNS 060353 -4- At that time, wc believed that these measures would "take care" of the PC!) problem and enable us to continue to take advantage of the unique properties of PCBs while insulating the public and the environment against exposure to hazardous levels of these chemicals. Since 1971, annual U.S. sales of PCBs hat bent cut in half - from approximately 80 million pounds to about 40 million pounds. In retrospect, it is appaicnt that we could and should have done more. In 1975 we find that oltlioui i PCB levels in most foods Jinvc steadilyTHeclihedj VCfs rnvr r. prcscrit'.in our environment ^ tp"a far" greater. dcgTcc and at higher.lt yels,.than we would, have .thought. PCBs are highly persisted - far more st than DOT - and bio-accuaulatc in the food chain. PCB contarn nation t)reatens to become pervasive in the environment. We have founc high PCI levels -- levels greatly ex ceeding FDA guidelines of 5 ppn -- in fish taken from the Great Lakes, the upper Mississippi Ri"er, o f the Set thern California coast, *lieuCuiw7-of-idexi<wr, in t ie Hud .on River and other waterways in New York State. Specifically, high conc entrations of PCBs have been detected in recent months in f sh in Lake Michigan (up to 165 ppm), Lake Pepin (up to 40 ppm), and in the Hudson River (tip to 350 ppn), although the average levels are significantly leaver. The presence of rCBs in these waters threaten? to destroy commercial and sport fishing and associated industries, sirco contaminated fish are often rendered incapable of effective reproduction and become unfit for human con sumption. The evidence v.e have accumulated over the past three years has underscored our original concern over the toxicity of PCBs and over the potential health hazard posed by the presence of high PCB concentrations i)) water and in fish. It indicates that the most serious potential health probelm from PCBs which we are able to identify today, wopld come >from eating fish which contair PCBs exceeding the FDA tolermcoL Until" environmental levels go down substantially, the human health threat from PCBs can only be controlled through not eating fish that cxcped the limits prescribed by Fill, PCB compounds have also been shown Cto cause reproductive failures, gastric disorders, skin lesions, and tumors in mammals. As a result of this ^iew evidence, I called a National Conference on PCBs in Chicago last month, to examine the latest scientific findings on environmental and health effects of TCBs and to identify actions that might be taken to control the problem. Let me sumnarize what wc have learned. MONS 060354 PRESBIT BWlRONMOT/a. BURDEN . V.'p estimate that over the past <5 years, some 700 minion pounds of PCBs have been produced amTuscdln the"United States. Of tliat amount more than half has already entered the environment tliroufih discharp.es to the air, water and land. Although son." of this has been chemically or biologically degraded, the vas_t_rsjority is contained in landfills, contaminated soils, boUom_scdiTpe.its~of -- rivers',"lakes 'and coastal watt rs and 'in'r.ir'and "water concentrations where'they arc' available for'i'ptako into fish, and shellfish. Un fortunately, there appears to be relatively little we can do to remove PCBs from the environment. Vie find ourselves in a situation similar to th4 one we faced with DDT. Tire environmental contaminant is, practically speaking, beyond our reach through known cleanup techniques and may take many years to degrade to any substantial de gree. This moans, that it may be 10 to 20 years before some of our waters will be suitable commercial fisheries. POTENTIAL ADDITIONAL ENV1RGM3-TAI. BURDEN At present there are several hundred million pounds of PCBs current ly in use or inventory in cloTed"e]cctricnl equipmfnt,"'hydraulic'ec!uipment,'papev'products'; aiid'other commercial and industrial products. Without preventive measures, essentially all of these PCBs will ultimate ly enter the environment and add to the existing soil, sediment, air and water concentrations that I just described. A large part of this amount can be kept from entering the environment if effective disposal and use practices arc followed. The remainder may be virtually uncontrollable and will result in a continuing addition to tile environmental burden. In addition to the amounts already in the environment and in use, we are domestically prodt-cing 35-4' million pounds per year and are importing at least J:nillion pounds, and perhaps a great deal more if account is made cf PCP - containing products entering the country. Onlyjt relatively smnll_ amount perhaps, as.much, ns 10,000 pour.ils'annually is t ischaeged direc-fy. into_the_environs merit (in wastewater, air or. sol id. t ast<t.disC.hnjr.esl_iTL the course of production'and manufacturing processes, lie remainder is going to uses where it could ultimately be discharged into the environment. We can probably fully control the direct discharges but can only par tially control th'cTnt'iinatVHisch'avges'Trom'tliat amount going into use. MCNS Q60355 CORRECTIVE IFASUKE5 These facts lend me to tvo conclusions: 'Firp' we must as a nation commit ourselves now" to~pEa sing cut tlvfc production and importation of PCXs if we are everjtoic; cst the growing concentra tions of PCBs in our environment.! Second', we must assure that those PCBs in use do not enter the cnviror.ncm to the extent this can be dOTlE". ' 7 Kith respect to phasing o;:t PCBs in the United States, I have invited the heads of companies which manufacture electrical equipment containing PCBs to meet with m in January 1976. I will ask them to accelerate/their research, csting, and development of alternatives for PCBs, At .the meeting I will be looking for a plan from this . - y- industry on how they will proceed and on what 'scliedule. I will also offer r:PA'1s"flssistnnce 'in'the ":rs'sessnteirt"bf~i'n2usr'yTnest data to establish the environmental ac eptability of proposed alternatives. In this regard I am directing jur Office of Toxic SubstrJceS-Jn- proceod at maximum speed' tqTa tifslt industry ISormation on. the tests -2s. thaiTSTSefieve' should J<econdjcted_ tp_assess_tEose j;ubsy tute.s_now / on the'bo'rijionjahd"thosj_yjft Jt^^ devclpped^ 7 shjT3"polSrert~tMt thiswillbea difficul "anJ t me consunin3' effort, the results of which cannot be expected to bo achie-ed overnight. In my view, however, it is the only approach to an eventual permanent solution to the PCB problem. I should note that a phase-out of PCBs will wholly depend on the voluntary cooperation o' industry in the absence of any statutory authority for EPA to re<uire a restrict on of production, importation of use of PCBs. Over the five years since Toxic Substances legislation was first proposed, an estimated (00 chemical compounds are introduced into the commercial market each >ear. We do so without any systematic advance assessment of their pot<ntial impact upon public health. Yet, as we have learned throt gh our experience with such materials as vinyl chloride, we may rot dis:ovcr how harmful a compound can be until years after it has becoir; a rathe'' connionplnce item in our everyday life, even a significant facto' in our economy. And we, again and again, find ourselves engaged in an extremely difficult and drawn-out struggle to protect the public from a hazard to which it has already been exposed while at the same time toying to avoid putting people out. of business or out of work. Ke find ourselves *0*5 C6G356 ri trying to choose between b health hazard and a safety hazard. We find ourselves without the authority we need to really cope with the problems like those posed by PCBs - - the authority to limit selected uses and distribution of toxic cho.ncials as well as to require testing concerning the health and ecological effects of proposed substitutes, fnr.ctr.cnt of a Toxic Substances Control Act would substantially strengthen my ability to achieve a phase-out. I will therefore continue to press for passago of such an Act. We also plan to con luct a thorough review ofjjio-dnpancso experience, in ifepl^sjentiiig their ban on the^sedtetion and use of PCBs. We have rccentiyinvitcJ represotsfives of .Japanese industry, and they have .agreed to mts^witj>us'"in Washington early next year to discuss this natter. I^HT^also be asking the environmental . canmittee of the 0fj5^t''its next mSttingto reassess and strengthen ' their previous^recoiinendations on PCBs. rhrcygh this mechanism, I hope ts^effcourage world-wide phase-out of PCSi. Pending success of a natitnal and, hopefully, world-wide phase out of PCBs, it is imperative lhat we take aggressive action to minimize the environmental impact of existing and future uses and disposal of these chemicals. Accordingly, I intend to proceed with the following specific actions. ' SPECIFIC ACTIONS 1.In order to reduce total contamination of the environment from 37 plants that manufacture transformers and capacitors using PCBs as well as from the PCB manufacturing plant of Monsanto in Saulcet, Illinois, ->y 1 have directed orr regional offices to_complete ongoing surveys of these ' plants within the next tfTdays to"determine.th'e.prrcisemanner.in.vdiich M rcBs'jchtef the^la)'dr'air.'ahd >ater"^from each plant and what precise measures" can be taken at each plant to eliminate or drastically, minimize jSucirPCB"contamination. I have~fufther directed oiif regional officcs to assure immediately thereafter that ell water dischr.rge ------ '^permits .issued to these facilities ore revised to require thst'all S those measures affecting water discliavgcs are undertaken expeditiously, and to further assure that such measures are also undertaken by facilities which discharge into municii il treatment works and ore not therefore required to procure such permits. The results of those ' surveys will also be used to determine whether an air eronision standard for PCBs should*be developed and, if so, what it should be. Finally, the surveys will alsc enable our regional offices, in cooperation with State and local solid waste disposal authorities, to assure that land disposal ( f_wastcs- from these plants will not cause additional land containuation from PCBs. HONS 060357 I believe there ncgllgiblo levels can he nttn^c4.at_tcscnable cost in'rost" instance's ticourJi process change*, substitution and/or instffllotion of control 'technology;"" I would hope that these actions can proceed expeditiously and that industry will cooperate. If not, 1 am prepared to exercise my authority under Section SOI of the Federal Water Pollution Control Act to ensure inr.ediato action In individual cases. . 2. In order to ensure the safe handling and disposal of ?CBs now in service, 1 have called on the presidents of naior elcctric utility companies and other major users'of rarEL~tutocitcir-ar.d-V.-ansforors toTii'siHi<ryespOh5ibliyTdr`controliinj the use and disposal of --^their PCBVs; To this end, I .have written repjttsentat,ivg$_. the coTijianjes and their principal 'iiidusfrTel' associations to meet tfith me in January to discuss hDW-this'il.ight'be'nc'coSplTsh'td'as rapidly aiid effectively as possible. We will offer to assist them in these efforts and if appropriate, 1 intend to follow the volttntary industry effort with any needed regulations! i.iiere^ I have the authority. We would expect these actions to substantially reduce the potential risl: from the large quantities of PCBs which are presently in use, and to thereby avoid their eventual addition to the existing environmental burden. At the same time, I will ask the American National Standards Institute at its forthcoming meeting in January to assist in this effort to develop 8nd implement necessary guidelines and a codo of good practice for the maintenance handling, servicing, and disposing of existing equipment containing PCBs. 3. I have signed propo? ed reg ilations under Section 311_of the F.VFCA to control spills of th ee hurlred identified hazardous substyncss, Including PCBs." TheseTTcguiat ions will'establiih' reporting require ments, civil penalties, and hazardous quantities, and ultimately will enable the Agency to require industry to prepare spill prevention control plans. I will press for rapid finalization of these regu lations after appropriate public review ar.d cosunent. 4. 1 am writing the State Governors to ask than to carefully examine and apply their authorities to deal with the PCB problem, 5. 1 am writing ihe heads of selected federal agencies to ask them to Sained lately inventory their uses ol: PCBs and PCB-containing materials, and to develop plars to assure adequaye management and safe disposal of these materials. 6. I intend to Investigate the JPC?,,discharges frqmmajqr waste paper recycl ing plants to develop appropriate~cffluent guidelines ancl'cstiibllsh appropriate effluent limitations in NTDI1S permits. MOMS 060358 7. I intend to ir.vestip.ate th; investment casting industry to develop appropriate rtaniards and guide)ines for its air, water and solid waste discharges. 8. I intend to examine the aimunts and types of PCRs in municipal and industrial solid wastes an I to develop guidance for the proper disposal of these wastes. 9. I intend to work with the tl.S. Army Corps of engineers under the Section 404 Permits for Dredged or Fill "ntcrial program and to give special attention in our Clean U:les and In-place Toxics Program to deal with the difficult problems of PCB- contaminatPd sediments in rivers, lakes and coastal waters. Kith regard to all of these action.1, I would again like to caution that they will not lead to a quick and easy reduction of the current levels of TCP's In our environment and particularly in the Connerical and sports iish taken from waters most contam inated. Hopefully, the control of discliarges will arrest the rapid giowth of the problem, lltimatelv, however, only the reduced use of PCB's will yield a signi !icant and permanent solution. \ HGNS 060359