The PCB Rule & Guidance:Regulatory Update

AGA PCB Workshop Washington, D.C. March 23, 2000

Pamela A. LaceySenior Managing CounselAmerican Gas Association

Introduction

l The PCB rule and Guidance are complex.l But they are better than the old rules.l If you read carefully and use common

sense, they are workable.l Keep watching for developments.

Overview

À Basic Requirements for Use & Disposal -UpdatedñMarch 1999 Q&A Guidance DocumentsñJune 1999 Technical Corrections Rule

Á Coming Soon: “Non-Liquid” PCB Rule Other Developments:

ïPending LitigationïDistribution in Commerce White Paper

Basic Requirementsfor Use & Disposal

Your regulatory tool kit:

ñThe Complete PCB Rule - Part 761(amended June 1998 and 1999)

ñMarch 1999 Q&A Guidance Documentsfor Natural Gas

ñYour company’s environmental lawyer.

March 1999 Natural Gas Guidance

1. “Miscellaneous” Pipeline Q&A (negotiated by AGA)

(Covers several crucial use and disposalissues -- in addition to those covered by theother two Q&A Guidance documents.)

2. Pipeline Use and Reuse Q&A Guidance

3. Pipeline Abandonment & Disposal Q&A

Updated Basics: Use Authorization

• Unless authorized by EPA, statute prohibits“use.”

• Section 761.30(i)(1) authorizes use in“Natural Gas Pipeline Systems.”

• To qualify, you must meet certainconditions.

Conditions for Use Authorization

Two Different Sets of Conditions:

¬ Easy version - for gas systems that have no“potential source of PCBs”

Á Slightly harder version - for gas systems thathave one or more “potential sources of PCBs”

Three Easy Conditions -- if you have no “potential source”

¬ Written Description of PCBs in Your System.ï general nature and location of known PCBs

­ Annual Sampling.ñ If liquid tests above 50 ppm, repeat sampling

annually -- until < 50 ppm. Confirmatory sample atleast 180 days later.

ñ March ‘99 Guidance: If no liquids, just come backnext year. Wipe samples are not used for annualsampling. (Use Q&A )

 Keep records for 3 years.

Seven Conditions -- if you have a “potential source”

À Written description of PCBs in system.

Á Characterize extent of contamination.*

îMarch ‘99 Guidance and June ‘99 Corrections Rule:îwipe samples not required.îpre-June 1999 wipe samples allowed.îpost June 1999 wipe samples not allowed forcharacterization without approval.(Use Q&A)

 Sample and analyze all “Potential Sources.”*

Seven Conditions, continued

¯ Remove Sources or Reduce <50 ppm.*ïMarch 1999 Guidance says routine liquid

collection and maintenance can satisfy thisrequirement. (Q&A #2)

° Repeat sampling annually.Å Mark all aboveground sources of PCB

liquids.*² Keep records for 3 years. Note: * = conditions that apply only to systems that have

“potential sources”

What is a “Potential Source” ?

“Potential sources include:À natural gas compressors,Á natural gas scrubbers, natural gas filters, andà interconnects where natural gas is received . . .”

761.30(i)(1)(iii)(A)(3)

ï March 1999 Guidance on Potential Sources:ï Paper-like filters: proper liquid collection will prevent

“further introduction of PCBs.”ï An interconnect is not a potential source in your

system if is is controlled by your supplier.

Reuse Authorization (<500 ppm)

ñ Reuse allowed for drained PCB-contaminated natural gas pipe etc.

ñ Options for reuse within your companyinclude:î reuse as casing to protect cable

ï March ‘99 Guidance: Sale to an unaffiliatedcompany for reuse appears prohibited unlessyou decontaminate first. (Q&A #25)

Storage for Reuse (<500 ppm)

ï Storage area is not required to meet TSCAdesign requirements.

ï May be stored up to 5 years if:í Meet applicable use conditions of 761.30í Maintain record showing date removed from service

and projected location and future use of the pipe orother item

ï Store more than 5 years with EPA’s writtenapproval. (See 761.35)

Use Authorization:Plastic Pipe Insertions

• March 1999 Guidance - Non-destructiveplastic pipe insertions are allowed as“continued use” of the gas system.

• Follow rules for sampling and disposingany short pipe segments you remove.

• Drain any liquids, test, and dispose ofproperly.

Disposal - Abandoning in Place

Three Basic Options:

¬ Small Pipe -- (any PCB level)

­ Large or Small Pipe -- (50-500 ppm)

® Large or Small Pipe -- (>500 ppm)

See 761.60(a)(5) and March 1999 Guidance.

Abandon Small Pipe

Special flexible rule for small pipe (< 4 inch).

ï No need to sample -- ok for any PCB level.ï Ok to abandon in place if:

(1) drain,(2) seal at ends, and either:

(a) include in One Call, or(b) fill with grout.

March ‘99 Guidance: any type of grout ok.

Abandon 50-500 ppm Pipe

ï Don’t want to grout or leave small pipe inOne Call?

ñ Or you have large pipe?ñ Then drain and test the pipe.

ñ If 50-500 ppm, ok to abandon if you just:(1) drain, and(2) seal ends.

Abandon Large Pipe >500 ppm

Ok to abandon if you:(1) drain the pipe,(2) seal the ends, and either:

(a) decontaminate, or(b) fill with grout.

March ‘99 Guidance: Any grout allowed onland; cement is required for large pipe understreams or rivers. (Q&A #11).

Disposal after Removal

Ok to abandon 50-500 ppm pipeif you drain it and either: (1) send the pipe to one of the following:

îindustrial or municipal landfill,îscrap metal recovery oven,îsmelter, orîEPA-approved PCB disposal facility.

(2) or decontaminate the pipe. See 761.60(b)(5)(ii)(A), amended June 1999.

Disposal after Removal -Any Size Pipe or Equipment

Any component of a natural gas system maybe disposed of-(1) in a TSCA incinerator,(2) in a chemical waste landfill,(3) as a PCB remediation waste (761.61), or(4) by decontamination under 761.79

See 761.60(b)(5)(ii)(B); March ‘99 Guidance.

Disposal Records & Manifesting Exemptions

ï June 1999 Rule exempts 50-500 ppm “PCB-Contaminated Articles” from disposal record andmanifesting requirements of Subparts J and K..

ï Natural gas pipe and equipment qualifies.ï Problem: showing small pipe is <500 ppm

î use liquids,î historical data, orî get Region to approve alternative sampling.

ï See 761.60(b)(6)(ii), added by June 1999 rule.ï Note: Storage for Disposal Rules still apply. (761.65)

Alternative Disposal Approvals

ï Don’t like the disposal, sampling or cleanup rules?ï Ask your EPA Region to approve an alternative.

ï Risk-Based Cleanup Approval under 761.61(c)î for PCB Remediation Waste (includes pipe and

components),î show your method “will not pose an

unreasonable risk of injury to health or theenvironment.”

î Note: Allow time for processing and negotiation.Several applications pending more than 6 months.

“Non-Liquid” PCB Rule

ï EPA is developing a rule to authorize theuse and distribution in commerce of “non-liquid” PCBs.

ï Non-liquid uses include: paint,contaminated concrete, wallboard.

Distribution in Commerce Update

ï Congress prohibited PCB manufacturing, use,disposal or “distribution in commerce” unless“totally enclosed” or authorized by EPA.(TSCA sec. 6(e)(2))

ï “Distribute in commerce” means “to sell …thechemical substance, mixture or article …”(TSCA sec. 3)

ï PCB rule defines “totally enclosed” andauthorizes distribution. (761.20)

Distribution in CommerceWhite Paper Expected April 2000

ï Recent inquiries have raised EPA’s interest.

ï Office of General Counsel is drafting a “WhitePaper.”

ï Sensitive issue: please consult with yourattorney.

ï AGA working with USWAG - please coordinatewith us.

The PCB Rule is Workable

ï Conclusion: Evaluate your company’sfacts, read the PCB rule and GuidanceDocuments carefully and use commonsense.

ñ You will find many flexible options.