Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations
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Rule Summary
On August 29, 2023, EPA finalized regulatory changes that address several key issues related to implementing the PCB Cleanup and Disposal Program under the Toxic Substances Control Act. EPA expanded the available options for extraction and determinative methods used to characterize and verify the cleanup of PCB waste under the federal TSCA regulations (also referred to as the PCB regulations). These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, which will conserve resources and reduce waste.
This final rule also adds more flexible provisions to facilitate cleanup and protective disposal of waste generated by spills that occur during emergency situations (e.g., hurricanes or floods). This flexibility allows the Agency to work collaboratively with responsible parties to quickly respond to releases of PCBs caused by natural disasters and other emergency situations.
Additionally, EPA finalized amendments to the performance-based disposal option for PCB remediation waste by adding explicit cleanup provisions, including the requirement to notify EPA and follow specific sampling protocols, which would provide additional assurance that sites are properly remediated and enable compliance and enforcement. EPA also finalized the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material to improve protectiveness of human health and the environment.
Finally, this final rule harmonizes the general disposal requirements for PCB remediation waste and makes other amendments to improve the implementation of the regulations, clarify ambiguity, and correct technical errors.
Rule History
PCBs are a group of man-made organic chemicals that were used in hundreds of industrial and commercial applications, such as electrical, heat transfer and hydraulic equipment as well as plasticizers in paints, plastics and rubber products. Although the fabrication of PCBs was banned in 1979, they can still be found in the soil, sediment, air, and water today. This is because PCBs are highly persistent in the environment and may still be from releases years ago. Additionally, equipment and products in use today may still contain PCBs and make their way into the environment from improper disposal of industrial wastes, leaks from old electrical transformers, or burning of some wastes in incinerators.
PCBs are toxic chemicals that pose a risk to communities if improperly managed or controlled. Under TSCA, EPA works to ensure the safe cleanup and disposal of PCBs. Several developments have occurred in recent years to warrant an update to portions of the PCB regulations, including the emergence of new science, advancement of analytical methods and technology, new information, and repeated requests from the regulated community to address their concerns and improve the clarity of the regulations. On October 22, 2021, EPA proposed several revisions to the PCB regulations to better reflect current science and other available new information.
Additional Resources
Webinar Materials
EPA hosted a webinar about this final rulemaking on November 9, 2023. Below are materials from that webinar:
Fact Sheets
EPA developed several fact sheets about this rulemaking to assist the public in understanding the most complex portions of the rule: