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Polychlorinated Biphenyls (PCBs)

Nationwide Risk-Based PCB Remediation Waste Disposal Approvals

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Approval to Dispose of Less than 50 ppm PCB Remediation Waste Issued to USWAG Members

EPA is issuing final disposal approvals to USWAG members listed in the renewal application. The approvals allow the disposal of less than 50 parts per million (ppm) PCB Remediation Waste under the Toxic Substances Control Act (TSCA) in certain non-TSCA approved disposal facilities, such as municipal solid waste landfills, non-hazardous waste landfills, and hazardous waste landfills. EPA granted the original approvals to USWAG member companies on June 14, 2014 and April 12, 2016. These approvals expired June 14, 2019, and were administratively continued pending renewal.

On July 29, 2019, EPA posted draft approvals for public comment. EPA received comments that led to revision of Condition 1 of the approvals. EPA posted a new version of the draft approvals for an additional 30-day public comment period starting December 9, 2019. The members listed in Appendix II of the draft approvals expanded to include both parent and operating companies. Upon closing the public comment period on January 7, 2020, one set of comments was received, and it was supportive of the approvals. EPA has finalized the approvals with no substantive changes to their content. The final approvals posted here maintain the same permissions to all listed USWAG member companies.

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Approval to Dispose of Less than 50 ppm PCB Remediation Waste Issued to NRECA Members

NRECA Exit submitted an application to EPA for national risk-based disposal approvals under 40 CFR section 761.61(c) requesting authorization for its members to dispose of low-level (less than 50 ppm) PCB remediation waste generated at secure electric cooperative assets in non-TSCA approved disposal facilities.

PCBs are regulated under TSCA and the PCB regulations provide certain disposal options for PCB remediation waste. EPA has determined that PCB remediation waste with as-found concentrations of less than 50 ppm of PCBs disposed of in certain non-TSCA approved facilities poses no unreasonable risk of injury to health or the environment (this determination rests on EPA’s finding, when promulgating section 761.61(a) in 1998, that PCB remediation waste at less than 50 ppm may go to certain non-TSCA approved facilities). These approvals give NRECA members approval to dispose of less than 50 ppm PCB remediation waste in non-TSCA approved disposal facilities without further approval. Each NRECA member utilizing the approval will submit a notification to EPA as a condition of their approval, and each notice will be posted on EPA’s and the member's websites.

After a 30-day public comment period where only supportive comments were received, EPA issued the final approval on February 9, 2016, see below for the document link. Subsequently, due to changes in NRECA’s membership, new approvals have been issued to additional NRECA member cooperatives, after additional 30-day public comment periods.

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Approval to Dispose of Less than 50 ppm PCB Remediation Waste Issued to American Public Power Association Members

The American Public Power Association EXIT submitted an application to EPA on behalf of its members for a set of national risk-based disposal approvals under 40 CFR 761.61(c) requesting authorization for its members to dispose of low-level (less than 50 parts per million (ppm)) PCB remediation waste generated at secure utility assets in non- Toxic Substance and Control Act (TSCA) approved disposal facilities.

PCBs are regulated under TSCA and the PCB regulations provide certain disposal options for PCB Remediation Waste. EPA has determined that PCB Remediation Waste with as-found concentrations of less than 50 ppm of PCBs disposed of in certain non-TSCA approved facilities poses no unreasonable risk of injury to health or the environment (this determination rests on EPA’s finding, when promulgating section 761.61(a) in 1998, that PCB Remediation Waste at < 50 ppm may go to certain non-TSCA approved facilities). These final approvals give APPA members approval to dispose of < 50 ppm PCB Remediation Waste in non-TSCA approved disposal facilities without further approval. Each APPA member utilizing the approval will submit a notification to EPA as a condition of their approval, and each notice will be posted on EPA’s and the member’s website. EPA granted near identical approvals to USWAG members on June 10, 2014 and NRECA member cooperatives on February 9, 2016, after 30-day public comment periods. These approvals extend the same permissions to the APPA members listed in the approvals.

EPA issued draft approvals on August 10, 2017, and accepted public comments through September 8, 2017. Two comments were received and both were fully supportive of the approval. No changes were made to the draft approvals. The final approvals are linked below.

2018 New Member Update

APPA submitted to EPA an updated list of members that includes new members. EPA is issuing final approvals containing the same terms as the approvals issued in 2017, with the same expiration date as the 2017 APPA approvals and an appendix that includes the new members.

The new members are:

  • Kentucky Municipal Energy Agency
  • Hudson Light & Power Department
  • Avant Energy, Inc.
  • Virginia Department of Public Utilities
  • Custer Public Power District
  • Frankfort Power & Light
  • Holley Municipal Electric
  • Little Valley Municipal Electric Light Department
  • Mohawk Municipal Commission
  • New York Municipal Power Agency

EPA issued draft approvals on April 26, 2018 and accepted public comments through May 26, 2018. No comments were received and no changes were made to the draft approval. The final approvals can be found below.

2020 New Member Update

APPA submitted to EPA an additional updated list of members that includes new members in September 2019. EPA is issuing final approvals containing the same terms as the approvals issued in 2017, with the same expiration date as the 2017 APPA approvals and an appendix that includes the new members.

The new members are:

  • Dickson Electric System
  • Jefferson County PUD

EPA issued draft approvals on November 18, 2019 and accepted public comments through December 19, 2019. No comments were received and no changes were made to the draft approvals. The final approvals can be found below.

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