PCB Waste From Building Demolition - Reinterpretation of PCB Bulk and PCB Remediation Wastes

The EPA Office of Resource Conservation and Recovery has announced its intention to reinterpret its guidance regarding PCB-contaminated building materials.

In February 2012, the EPA solicited comment on a draft reinterpretation of its position regarding the status of PCB-contaminated building materials under the definition of PCB bulk product waste. EPA received several questions from the regulated community regarding the disposal and cleanup requirements for PCB-contaminated building materials. The Toxic Substances Control Act (TSCA) regulations at 40 CFR 761 provide disposal and cleanup requirements for PCBs. The disposal and cleanup requirements for PCB-contaminated building material depend on whether the material is classified as a PCB bulk product waste or PCB remediation waste. Waste derived from caulk or paint containing PCBs at > 50 parts per million (ppm) is defined as PCB hulk product waste in 40 CFR 761.3. The definition of PCB bulk product waste includes -non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs." Other PCB bulk product wastes may include, but are not limited to, mastics, sealants, or adhesives containing PCBs at > 50 ppm. PCB remediation waste is defined as "waste containing PCBs as a result of a spill, release, or other unauthorized disposal...". and leaching may he considered a release of PCBs.

Current EPA guidance states that building material contaminated by the migration of PCBs from PCB bulk product waste, such as caulk or paint, is considered a PCB remediation waste. The proposed reinterpretation would have modified this guidance to specify that only PCB contaminated building material from which the PCB bulk product has been removed is a PCB remediation waste. Under the proposed reinterpretation, the distinction was made whether or not the PCB bulk product is still attached to the building materials.

The reinterpretation finalized in October 2012 allows building material (i.e., substrate) "coated or serviced" with PCB bulk product waste (e.g., caulk, paint, mastics, sealants) at the time of designation for disposal to be managed as a PCB bulk product waste, even if the PCBs have migrated from the overlying bulk product waste into the substrate, provided there is no other source of PCB contamination on or in the substrate. However, if the substrate is not "coated or serviced" (i.e.. the PCB bulk product waste, such as caulk or paint has been removed from the building material) at the time of designation for disposal, and the substrate is contaminated with PCBs that have migrated from the bulk product waste (or from another unauthorized disposal), the substrate would be considered a PCB remediation waste.

The current reinterpretation addresses the possibility that during a cleanup or demolition process, PCB bulk product waste (e.g.. caulk, paint. mastics, and sealants) could separate from the contaminated building material before all of the waste is physically placed in the final disposal facility. At the time of designation for disposal, the contaminated building material would be deemed a PCB bulk product waste if the PCB material (e.g.. caulk, paint, mastic or sealant) is still attached. This label as PCB bulk product waste would stay with the contaminated building materials. EPA recommends developing an abatement plan to document the decision to designate building materials as bulk product waste at the time of designation for disposal. If the PCB material has already been removed or flaked off at the time of designation for disposal, the building material would be deemed a PCB remediation waste, as established under the existing interpretations.


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EPA Denies Waiver From Renewable Fuels Standard

On November 16, EPA announced that it has not found evidence to support a finding of severe “economic harm” that would warrant granting a waiver of the Renewable Fuels Standard (RFS). The Agency says the decision is based on economic analyses and modeling done in conjunction with the U.S. Department of Agriculture (USDA) and U.S. Department of Energy (DOE).

To support the waiver decision, EPA conducted several economic analyses. Economic analyses of impacts in the agricultural sector, conducted with USDA, showed that on average waiving the mandate would only reduce corn prices by approximately 1%. Economic analyses of impacts in the energy sector, conducted with DOE, showed that waiving the mandate would not impact household energy costs.

EPA found that the evidence and information failed to support a determination that implementation of the RFS mandate during the 2012-2013 time period would severely harm the economy of a State, a region, or the United States, the standard established by Congress in the Energy Policy Act of 2005 (EPAct).

The EPAct required EPA to implement a renewable fuels standard to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. A waiver of the mandate requires EPA, working with USDA and DOE, to make a finding of "severe economic harm" from the RFS mandate itself.


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CERCLA Section 120 Federal Facilities Hazardous Waste Report Updated

On November 6, 2012, EPA published the update of the Federal Agency Hazardous Waste Compliance Docket. The Agency has maintained the Docket since 1988 under Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 120(c) requires EPA to establish a Docket that contains information reported to EPA by federal facilities that manage hazardous wastes or from which a reportable quantity of hazardous substances has been released. The Docket is used to identify federal facilities that should be evaluated to determine if they pose a threat to public health or welfare and the environment and to provide a mechanism to make this information available to the public.

The newly published Docket identifies federal facilities not previously listed on the Docket and reported to EPA since the Docket was last updated on October 13, 2010. In addition to the list of additions, the notice includes a section with revisions of the previous Docket list. The revisions in the update include 52 additions and 17 deletions, as well as 19 corrections to the Docket since the previous update. The new total number of federal facilities listed on the Docket stands at 2,334.


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Stay Proposed For Final MATS Rule

EPA has announced that the agency is reviewing new technical information associated with the new source limits for toxics emitted from new power plants under the Mercury and Air Toxics Standards (MATS). According to EPA, the new information indicates that there may be technical challenges associated with monitoring mercury emissions at the levels set for new power plants.

These new plants would continue to rely on the same proven pollution control technologies to reduce mercury, acid gases, and particle pollution. The agency believes this information warrants further review and will follow an expedited, open, and transparent process that includes public comment on any proposed changes. The agency will also use its Clean Air Act authority to stay the final standards for new power plants for 90 days during this technical review.

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RFS Renewable Identification Number (RIN) Quality Assurance Program

Under the Clean Air Act, US EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. The Renewable Fuel Standard (RFS) program regulations finalized in 2007 (RFS1) and 2010 (RFS2) were developed in collaboration with refiners, renewable fuel producers, and many other stakeholders.

The RFS compliance program is based on the use of unique renewable identification numbers (RINs) assigned to batches of renewable fuel by renewable fuel producers and importers. These RINs can then be sold or traded, and used by any obligated party to demonstrate compliance with the applicable standard.

According to EPA, it has recently come to the agency’s attention that the production, transfer, and use of invalid RINs has resulted in violations for parties that were not aware that the RINs were invalid. To address this, EPA is considering development of a rule will propose a voluntary mechanism for ensuring that RINs have been appropriately generated. No schedule for the proposed rulemaking was released


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Wool Fiberglass Area Source NESHAP Chromium Emissions

In 2012 under a Section 114 letter, the US Environmental Protection Agency (EPA) received responses from wool fiberglass companies which conducted furnace emissions testing for chromium compounds. According to EPA, the industry data show that wool fiberglass area sources emit chromium from all furnace types. Emissions of chromium compounds from the wool fiberglass industry's area sources total over 50 pounds per year.

Additionally, one major source facility is expected to become an area source through changes to a process downstream and independent of the furnace; one furnace at that source has been measured as emitting over 500 pounds per year of chromium compounds. Based on these data, EPA plans to list and regulate area sources in the wool fiberglass source category for all processes that emit HAP.

A schedule for development of this source category National Emission Standards For Hazardous Air Pollutants (NESHAP) was not released by EPA.


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Small Business Review of Reinforced Plastic Composites Production NESHAP

US EPA has proposed to review and revise, if needed, the National Emissions Standards for Hazardous Air Pollutants (NESHAP) standard for Reinforced Plastic Composites Production. The EPA promulgated NESHAP for reinforced plastic composites production on April 21, 2003. The final rule (40 CFR part 63, subpart WWWW) includes standards for both new and existing sources of hazardous air pollutants (HAP), as well as monitoring, performance testing, recordkeeping, and reporting requirements related to those standards.

The NESHAP regulates production and ancillary processes used to manufacture products with thermoset resins and gel coats. The final standards contain a HAP emissions threshold that distinguishes between sources that typically can meet the HAP emissions limits using pollution prevention, and those that must use add-on controls.

Based on SBA size definitions and reported sales and employment data, EPA identified 279 of the 357 companies owning reinforced plastic composites facilities as small businesses. EPA performed an economic impact analysis (EIA) that indicated that 12 % of facilities owned by small business were at risk of closure because of the final rule. A Small Business Regulatory Enforcement Fairness Act (SBREFA) panel had recommended that EPA provide special flexibility to these companies. Provisions to reduce the adverse impact on small business, including minimized reporting and recordkeeping requirements and establishing separate floors for specialty products, were incorporated into the final rule.

In the Federal Register notice EPA announced it will review this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA will consider and solicit comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule.

Comments on the proposed review must be received by EPA within 60 days of the notice, which was dated October 31, 2012.

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