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Polychlorinated Biphenyls (PCBs)

Nationwide Risk-Based PCB Remediation Waste Disposal Approvals under Title 40 of the Code of Federal Regulations (CFR) Section 761.61(c)

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

The USWAG Exit submitted an application to EPA on behalf of its member companies 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 utility assets in non- Toxic Substance and Control Act (TSCA) approved disposal facilities.

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. These approvals give USWAG members approval to dispose of less than 50 ppm PCB remediation waste in non-TSCA approved disposal facilities without further approval. Each USWAG Member utilizing the approvals will submit a notification to EPA as a condition of their approval and each notice will be posted on this website and the member’s website.

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Final Approvals Issued for New USWAG Members

USWAG submitted to the EPA an updated list of members that includes new members. The EPA is issuing final approvals containing the same terms as the approvals issued in 2014, with the same expiration date as the 2014 USWAG approvals and an appendix that includes the new members.

The new members are:

  • Metropolitan Water District of Southern California
  • Omaha Public Power District
  • Santee Cooper
  • South Carolina Public Service Authority
  • Seminole Electric Power Cooperative

EPA issued draft approvals on February 16, 2016 and accepted public comments through March 16, 2016. One comment was received and it was fully supportive of the approvals. No changes were made to the draft approval. The final approvals can also be found below.

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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 the 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. The 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 the 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 the EPA as a condition of their approval, and each notice will be posted on the 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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Final Approval to Dispose of less than 50 ppm PCB Remediation Waste issued to American Public Power Association (APPA) 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. The 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 the EPA’s finding, when promulgating § 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 the EPA as a condition of their approval, and each notice will be posted on the EPA’s and the member’s website. The 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.

The 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.

Final Risk-Based Approvals to APPA Members

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