PCBs in Building Materials Prepared By: Jeffrey Sotek, PE, CSP, CIH [email protected] HRP Associates, Inc. Creating the Right Solutions Together

PCBs in Building Materials

Prepared By:Jeffrey Sotek, PE, CSP, [email protected]

HRP Associates, Inc.Creating the Right Solutions Together

Presented to:

Newport, Rhode Island

June 12, 2012

HRP Associates, Inc.

PCB History

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.


Historical PCB Uses Other products that may contain PCBs

include: Cable insulation Thermal insulation material including

fiberglass, felt, foam, and cork Caulk Adhesives and tapes Oil-based paint Plastics Carbonless copy paper Floor finishes


The Issues 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.


PCB Concentrations in Indoor Air

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)


Regulations

Removal/disposal of PCB caulking or other PCB bulk product waste, and subsequent consideration of remaining PCB remediation waste, typically performed under: 40 CFR §761.62 – PCB bulk product waste 40 CFR §761.61(a) or (c) – PCB remediation waste


Removal

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


Adjacent Surfaces PCB Remediation Waste

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.


Adjacent Surfaces PCB Remediation Waste PCB Remediation Waste («50 ppm) may be

left in place if properly encapsulated. However, this will require an O&M Plan, on-going inspections and air monitoring, and may be a deed restriction.

Notice of sale, lease, or transfer of property may need to be conveyed to EPA prior to transaction


New EPA Activities April 2010 ANPRM PCB Uses 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

Followup 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.


New EPA Activities 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)


New EPA Activities Request for Public Comment, 77 Fed. Reg. 12293

(02/29/12). 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.


Uncertainties 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.


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?


Thank You

Jeffrey R. Sotek, PE, CSP, CIHRegional ManagerHRP Associates, Inc.Tel: 508-407-0009

E: [email protected]

Documents

PCBs in Building Materials Prepared By: Jeffrey Sotek, PE, CSP, CIH [email protected] HRP Associates, Inc. Creating the Right Solutions Together