Federal vs State of CT Rules

Transcription

1 Federal vs State of CT Rules Management and Removal of PCB Containing Building Materials State & Federal Rules Apply Both State and Federal rules apply TSCA has a Cooperative Agreement with Connecticut Inspection authority Enforcement CT General Statutes significantly more conservative related to authorized use of PCBs. 1

2 Mega Rule 40 CFR amendments to TSCA (1976) - What we think of as EPA PCB rules. Authorized certain uses of PCB. Authorized manufacture, distribution and use of PCBs for R&D activities. Authorized additional options for PCB cleanup and disposal. Established standards and procedures for managing "PCB Remediation Waste" (mostly spill cleanup) and "PCB Bulk Product Waste" (manufactured products). Established methods for determining PCB concentration and equating surface and bulk concentration for non-porous materials. Specified management controls for PCB items destined for reuse. Established framework for coordinating PCB management approvals among federal programs. Numerous other changes and clarifications apply to PCB analysis, marking, record keeping, reporting, and requesting exemptions. Excluded PCB Products Excluded PCB products (40 CFR 761.3) means PCB materials at concentrations less than 50 ppm that were legally manufactured or exempted by the rules. These products (i.e., caulk and paint) are not regulated by EPA if PCB concentration less than 50 ppm. Product with < 50 ppm PCBs which meets the Federal definition of Excluded PCB Product is generally regulated by CT DEEP pursuant to CGS 22a

3 Unauthorized Use - Federal EPA prohibits use of PCBs above 50 ppm, including continued use in caulk that is already in place. No requirement to test for PCBs but if testing shows PCB concentrations above the regulatory limit, then the regulations require the removal of those PCBs. Risk based interim measures may be approved (i.e., encapsulation). Unauthorized Use - State CT prohibits the use of PCBs at levels above 1ppm, including continued use in caulk already in place. No requirement to test but if testing identifies PCBs above 1 ppm, action (removal or encapsulation) required. CT considers use of PCBs >1 ppm a violation of GCS. Risk based interim measures often approved (i.e., encapsulation). 3

4 Bulk Product Waste PCB bulk product waste means waste derived from manufactured products containing PCBs in a non-liquid state, at any concentration where the concentration at the time of designation for disposal was 50 ppm PCBs. PCB Remediation Waste Waste containing PCBs as a result of a spill, release, or other unauthorized disposal (not PCB product) (CFR ). Caulk or other materials not meeting criteria for Excluded PCB Product may be regulated as a PCB Remediation Waste (EPA). An example would be replacement caulk installed in 1990 and contaminated by contact with a PCB-contaminated substrate where original caulk was 50 ppm PCBs. Under the 2012 PCB Bulk Product Waste Reinterpretation, building substrates may be disposed of with attached caulk as a PCB bulk product waste in accordance with Building substrates remaining in place (after caulk/substrate removal) are classified as a PCB remediation waste. 4

5 References & Guidance EPA - Steps to Safe Renovation and Repair Activities EPA - Steps to Safe Renovation and Abatement of Buildings That Have PCB-Containing Caulk CT DEEP Caulk Guidance molition/deep_pcb_caulk_regulation_chart.pdf CT Department of Public Health - PCBs in Caulk: Possible Risks CT DEEP - Renovation & Demolition: Environmental, Health & Safety Requirements You Should Know About 5