HRP - Environmental Bankers Association

Report
PCBs in Building Materials
Presented to:
Newport, Rhode Island
June 12, 2012
Prepared By:
Jeffrey Sotek, PE, CSP, CIH
[email protected]
HRP Associates, Inc.
Creating the Right Solutions Together
PCB History
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PCBs synthesized 1929
They have a range of toxicity and vary in consistency from
thin, light-colored liquids to yellow or black waxy solids
Found to cause cancer in lab rodents in 1970’s
Massive occupational exposures (1930’s & 40’s)
Their manufacture was banned in 1979
Although no longer commercially produced in the United
States, PCBs may be present in products and materials
produced before the 1979 PCB ban.
HRP Associates, Inc.
Historical PCB Uses
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Other products that may contain
PCBs include:
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Cable insulation
Thermal insulation material including
fiberglass, felt, foam, and cork
Caulk
Adhesives and tapes
Oil-based paint
Plastics
Carbonless copy paper
Floor finishes
HRP Associates, Inc.
The Issues
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The use of PCBs in non-liquid manufactured
building products at >/= 50 ppm is prohibited
under TSCA.
Manufactured products containing PCBs have been
found in many buildings and structures
Caulk typically contains PCBs at very high levels % (One lab report a high of 28%)
The PCBs in the caulk migrate to a limited extent to
surrounding materials (air, soil, masonry).
Typical renovation procedures can increase
exposures to workers and building residents,
including children.
HRP Associates, Inc.
PCB Concentrations in Indoor
Air
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Lederle Graduate Research Center, U-Mass Amherst – 220 to
640 ng/m3 (2006)
Estabrook School, Lexington, MA – 300 to 1,800 ng/m3 (July
2010)
Burke School, Peabody, MA - 260 to 740 ng/m3 (October
2011)
Public buildings in Germany - 720 to 4,200 ng/m3 (Kohler et
al. 2002)
HRP Associates, Inc.
Regulations
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Removal/disposal of PCB caulking or other PCB
bulk product waste, and subsequent consideration
of remaining PCB remediation waste, typically
performed under:
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40 CFR §761.62 – PCB bulk product waste
40 CFR §761.61(a) or (c) – PCB remediation waste
HRP Associates, Inc.
Removal
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No use authorization for PCBs
in non-liquid manufactured
products ≥50 ppm; they must
be removed when identified.
(40 CFR § 761.62)
Caulk removal
Strip out
Paint removal
Abrasives
Chemicals
Hydroblast
Ranges from $20 to $400 per
foot of caulk removed
HRP Associates, Inc.
Adjacent Surfaces PCB
Remediation Waste
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Grind/cut out areas of contamination
beyond “source material”
Encapsulate porous surfaces
Clean non-porous
A substrate material contaminated
from a >50 ppm PCB source (such as
caulk), containing >1 ppm PCBs, is a
PCB Remediation Waste. PCB
Remediation waste can be disposed
as a non-TSCA waste at a facility but
the disposal facility may have
additional sampling requirements.
HRP Associates, Inc.
Adjacent Surfaces PCB
Remediation Waste
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PCB Remediation Waste («50 ppm) may be
left in place if properly encapsulated.
However, this will require an O&M Plan, ongoing inspections and air monitoring, and
may be a deed restriction.
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Notice of sale, lease, or transfer of property
may need to be conveyed to EPA prior to
transaction
HRP Associates, Inc.
New EPA Activities
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April 2010 ANPRM PCB Uses
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Specifically, USEPA is reassessing its TSCA PCB use and
distribution in commerce regulations to address the following:
 The use, distribution in commerce, marking and storage for
reuse of liquid PCBs in electric and non-electric equipment.
 The use of the 50 ppm level for excluded PCB products.
 The use of non-liquid PCBs.
 The use and distribution in commerce of PCBs in porous
surfaces.
 Marking of PCB articles in use
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Followup
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Separation into two rule-makings
PCBs in caulk postponed for second rule-making “so that we
can continue to research remediation techniques.” Letter to
NYCOSH (07/08/10).
NPR is scheduled for April 2013.
HRP Associates, Inc.
New EPA Activities
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The EPA is inviting the public to provide
comments on a proposed reinterpretation of its
position regarding PCB bulk product and PCB
remediation waste under regulations promulgated
at 40 CFR part 761. (February 29, 2012)
The proposed reinterpretation would modify this
guidance to specify that only PCB-contaminated
building material from which the PCB bulk product
has been removed from the substrate is a PCB
remediation waste. (The distinction lies in
whether or not the PCB bulk product is still
attached to the building materials)
HRP Associates, Inc.
New EPA Activities
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Request for Public Comment, 77 Fed. Reg.
12293 (02/29/12).
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Would allow building material “coated or serviced” with
PCB bulk product waste (e.g., caulk, paint) at the time of
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.
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
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.
HRP Associates, Inc.
Uncertainties
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PCB in Building Materials illegal, but:
No stated duty to test.
 No stated duty to report.
 No stated duty to remove or mitigate.
 Since illegal, current regulations provide
no framework for in-place management
of PCBs in building materials.
 EPA enforcement varies from region to
region.
HRP Associates, Inc.
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Potential Risks
Enforcement?
 Illegal disposal, future liabilities?
 Contractual violations?
 Occupant injury concerns or claims?
 OSHA violations?
 Unseen business environmental risks?
 Impaired property values?
 Risks sometimes lead to self-reporting
and remediation?
HRP Associates, Inc.
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Thank You
Jeffrey R. Sotek, PE, CSP, CIH
Regional Manager
HRP Associates, Inc.
Tel: 508-407-0009
E: [email protected]
HRP Associates, Inc.

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