Document Yz3L6oev3rkB8YjXMe7N5GQD

Monsanto .SPECIALTY CHEMICALS DIVISION MONSANTO INDUSTRIAL CHEMICALS CO. 800 N. Lindbergh Boulevard St. Louis. Missouri 63186 Phone: (314) 894-1000 August 7, 1973 Dear Sirs: EPA Proposed Rule: Polychlorinated Biphenyls (PCB's) ,Manufacturing, Distribution In Commerce and -Use Bans. On June 7 1978, the United States Environmental Protection Agency ("EPA") published a proposed rule in 43 Federal Register beginning on page 24,802 covering Manufacturing * Processing, Distribution in Commerce, and Use Bans of Polychlorinated Biphenyls (PCB's). We attach a copy for your information. We believe that your company may have used Therminol FR series heat transfer oils prior to their replacement by non-PCE fluids. If adopted, the proposed rule, on its effective date, would can the operation of heat transfer systems containing residual PCS concentrations above 50 parts per million. Monsanto is submitting to the EPA the attached comments which suggest and/request alternatives to the proposed rule and a specific authorization for the continued operation of heat transfer systems containing residual PCB concentrations. Since there is very limited reference to PCB's in heat transfer systems in the proposed rule, we wished to ensure that you were aware of its potential impact on your operations. In the event that you converted systems from Therminol FR heat transfer fluids co our non-PCB fluids, Therminols 55 or 66, continued . . . "Registered Trademark of Monsanto Company" a uni! of Monsanto Company 009878 STLCOPCB4001524 Page 2 ,August 7 1978 we attach copies of methods for determination of PCB levels in these fluids. We hope that our comments will be helpful in your own assess ment of the potential impact of this rule. tmc enclosures Phone: 31^-69^-2623 DSW 009679 STLCOPCB4001525 WEDNESDAY,, JUNE 7,1978 PART 111 ENVIRONMENTAL PROTECTION AGENCY POLYCHLORINATED BIPHENYLS (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Bans SW 009880 STLCOPCB4001526 24802 norosa tuns [4540-01] BNVKOMMEMTAl PtOTICTION AOSKY 7RLSM-4) (40 CV tm* 7*1] _ ratTCMLOOMATB MHWTU (KTl) AGENCY'. Environmental Protection Agency. ACTION: Proposed rule: notice of in* formal hearing. SUMMARY: This proposed rule is de signed to Implement provisions of the Toxic Substances Control Act (TSCA) prohibiting the manufacture, process ing. distribution in commerce, and use of polychlorinated biphenyls (PCB's), and to provide several limited excep tions to these general prohibitions for activities which will not present an un reasonable risk of injury to health or the environment. OATES: Written comments preferably in triplicate must be received prior to the close of business August 7. 1978. Hearing date and time: August 21. 1978 at 10 ul Requests to participate in the hearing must be received prior to close of business on July 31. 1978. For persons meeting certain require ments, compensation for participation in these proceeding is available. See Supplementary Information below. ADDRESSES: Send comments to: Office of Toxic Substances (TS-794). Environmental Protection Agency, 401 M Street SW.. Washington. D.C. 20480. Attention: Joni T. Repasch. Hearing will be held at EPA Head quarters. Room 2117 (addrew above). Address requests to participate to Joni T. Repasch (address above). FOR FURTHER INFORMATION CONTACT: Peter P. Principe. Office of Toxic Substances (TS-794). Environmental Protection Agency. 401 M Street SW. Washington. D.C. 20460, 202 755-0920. SUPPLEMENTARY INFORMATION: The Environmental Protection Agency proposes this rule pursuant to the au thority of J 6(e) of the Toxic Sub stances Control Act (Pub. L. 94-469: 90 Stat. 2003; 15 U.S.C. 2601 et seq.. here inafter referred to as TSCA). The pro cedures for rulemaking under i 6 of TSCA (40 CFR Part 750). 42 PR 61269 (December 2, 1977). will be followed. The official record of rulemaking Is lo cated in Room 520, East Tower. Envi ronmental Protection Agency. 401 M Street SW. Washington. D.C. 20460, 202-755-1188. It will be available for viewing and copying from 9 aun. to 4 pun. Monday through Friday, exclud ing holidays. Hearing transcripts snd other hearing materials will be added to the record as they become available. Compensation /or participation. Far persons meeting certain requirements, compensation for participation in these proceedings is available. EPA's temporary rule regarding nompensation can be found in 42 FR 60911, No vember 30. 1977. Copies of this rule are available from the Industry Assist ance Office. Office of Toxic Sobstances (TS-793). Environmental Pro tection Agency. Washington. D.C 20460. Copies may also be requested by calling EPA's toll free number. 800 424-9066 (in Washington. D.C. 564 1404). Persons who have questions about this- program (other than re quests for copies of the rule) may call or write WUUam F. Pedersen. Jr. Office of Qenerald Counsel (A-130), Environmental Protection Agency, Washington. D.C. 20460. 202-426-0608. A Support Document/Voluntary Draft Environmental Impact State ment contains background informa tion on PCB's. information on the risks which PCB's present to health and the environment, analyses of the economic impact of the rule, support for the regulatory actions proposed, discussion of the alternatives consid ered. and the list of documents con tained in the official record of rule making. This Support Document can be obtained from the Indutry Assist ance Office, Office of Toxic Sub stances (TS-793). Environmental Pro tection Agency. 401 M Street SW. Washington. D.C. 20460. 800-424-9065 (in Washington. D.C. 554-1404). EPA held meetings July 15, 1977, in Washington. D.C. and July 19. 1977, in Chicago. The public was invited to provide information and comment rel evant to this rulemaking. A notice of these meetings, including s discussion of some issues for consideration, was published in the Fxdcxal Rxoistxx an June 27.1977 (42 FR 32565). L Suvxaxt or AmxcASLS Pxovrsrows or TSCA Section 6<eX2) of TSCA bens the manufacture, processing, distribution in commerce, and use of PCB's in any manner which is not a "totally en closed manner" after January 1. 1978. The term "totally enclosed manner" is defined in section 6<eX2XC) as "any manner which will ensure that any ex posure of human beings or the envi ronment to s polychlorinated biphenyl will be insignificant as determined by the Administrator by rule." The Ad ministrator therefore must decide what constitutes an insignificant expo sure to PCB's so that he can distin guish between totally enclosed and nontotally enclosed activities. The Ad ministrator may authorize nontotally enclosed manufacturing, processing, distribution in commerce or use If he finds that it am not present an unrea- mbit risk of tntuw to health or the environment (sec. 6(eX3XB. If be makee such a finding, the Administra tor may authorise the activity to con tinue until January L 1979, for manu facturing. or until July i, 1979, for prooeating snd distribution in com merce. A nontotally rarloeed use may be authorized for whatever period the Administrator finds appropriate. flection 6<eX3) of TSCA bans any manufacture of PCB's after January I. 1979, and any processing snd distribu tion in commerce of PCB's after July L 1979, even if authorizations for thcea activities had been previously promulgated. However, the ban on dls- Mbutian In commerce does not apply to PCB's sold before July I. 1979. for purposes other than resale. Upon peti tion. the Administrator may grant ex emptions which would allow specific activities otherwise banned by section MeXl) to continue if he finds, in each case. that then will not be an unrea sonable risk associated with continu ing the activity and that good faith ef forts have been made to develop a sub stitute for FCB which itself does not present an unreasonable risk. These exemptions an be granted for only one year at a time and may be conditioned by requirements th Administrator finds necessary. The term "authorization'* is used throughout rulemaking whenever reference is made to exceptions to the "totally enclosed manner" require ments (section 6(eX2)). while the term "exemption" is used only in reference to exceptions to the 1979 bans (section 9(eX3)X These are the terms used in TSCA, and their use here reflects the statutory differences between these two types of exceptions. flection 3(7) of TSCA defines "manu facture" to include importation. Thus, nontotally enclosed importation is banned after the effective date of this regulation, unless authorized by EPA. sod any Importation is banned after January 1. 1979, unless EPA grants an exemption. Section X2(aXl) of TSCA states that if a substance, mixture, or article is manufactured, processed, or distribut ed in commerce far export, snd is so it is not subject to other sec tions of TSCA unless the Administra tor finds that it "will present an un reasonable risk of injury to health within the United States or to the en vironment of the United States." In other words, in the absence of such s finding by the Administrator under action 12(sX2), PCB's could be manu factured, processed, or distributed in commerce for export. However, s find ing of unreasonable risk has been by the Administrator so that the manufacture, processing, and dlstrlbu- ln commerce of PCB's for export rbe prohibited (see Section VII of this Preamble). noouu UOttHK. VOL 43, NO. 1 lO-WtONUOAY, AM 7, 1198 DSW 009881 STLCOPCB4001527 PROPOSED RULES 24803 H Ruim or the P*oros* Bui i 761JO--Prohibitions. This section Ruix to tbs Disposal abb Mtimw restates the manufacturing, procem- Rout This proposed nils is the second Issued under section 6(e) of TSCA. Section VeXl) requires EPA to promulsmte rules governing the disposal and asking of PCB's This rule vss published on February 17.1978 (43 PR 7150). as Part 781 of Title 40 of ths Code of Federal Regulations. This pro posed ban rule would implement sec tng. distribution in commerce, and use bans tmfnmii in } 6(e) as described above. It also Includes the Administra tor's than (1) the manufac ture. processing, and distribution tn commerce for export of PCB's paee an unreasonable risk: and (3) that the dis tribution In commerce and use of cer tain transformers and capacitors la to tally enclosed. I 761.31--Authorisations The follow tion 6(eX3) and section 6<eX3) of ing authorisations for continuation of TSCA. When promulgated, this rule nontotally enclosed activities are pro will be added to Part 761. An effort has been made to avoid needles rep etition of provisions of the Disposal and Marking rule. Definitions used in this proposal that have already been posed: servicing of transformers, pro cessing and distribution in commerce of PCB dielectric fluid for transformer aerridnk. use of railroad transformers, use of mining machinery, pmoeewlng promulgated are not repeated here. and distribution in commerce of PCB Where a change in the Disposal and fluid for continuous Marking rule is proposed, the entire motors, use of hydraulic die paragraph affected by this change ap systems and use of PCB carbonless pears here. The changes to the Dispos copy paper (See Figure 1.). The term al and Marking requirements reflect "Transformer" refers to transformers the proposed change to the definition, not used on railroad locomotives and of "FCB Mixture" which, if adopted, self-propelled cars, transformers used would extend these requirements to on locomotives and self-propelled can certain materials not currently cov are referred to aa "Railroad Trans ered. A notice containing corrections formers." The uae authorisations ex and clarifications of the final PCB pired five yean after the effective Disposal and Marking rule will be pub date of the rule. The need for some lished in the Fkdbal Rsoistb short authorisations will have ended by that ly. time and others may require modifies- ni. Bombast or ths Rule tlon to reflect new circumstances. At that time. EPA will reevaluate the This section provides an overview of need for the authorisations. the arrangement and contents of the rule. Individual parts of the rule are novas l discussed in more detail in section IV inouir or raofossa Avmoaiamoas of this preamble. 5 761.1--Applicability. This section Authorization and Expiration Dot* reflects the proposed addition of the a Tranafornen-Uae (Senrtdns).' 5 7*an section 6 (eX2) and (eX3) prohibitions after the effective due of the rule. to Part 761. The only substantial change proposed in this section from the present regulation is the exclusion of the manufacture, processing, distri bution in commerce, and use of small quantities of PCBs for research and development from the requirements b. Transformer Dielectric Fluid-Prooeosios tnd Distribution tn Commerce.' July 1,1179; yearly exemption required thereafter. c. Railroad Trsnsformer-Uee. ` 5 years after the effective date of ths role. d. w*""T Equipment-Use.' Deremhar 31. list, for both continuous miners and load ers except that 12 months after the effec and prohibitions contained in } 761.30. tive data of the rule there can be no rebuild 761.2--Definitions. The existing ing of miner motors. definitions of "PCB(s)" and "PCB Mixture" have been modified. EPA proposes to decrease the lower limit of the definition of a "PCB Mixture" from 500 ppm to 50 ppm PCB and to add the term "PCB Sealant. <"n*Hny or Dust Control Agent" (which is a newly defined term) to the existing e. asinmy rnUpmmt rmnaalnf tnd Dis tribution in Commerce.' July 1. 1379: yearly exemption required thereafter. f. Hydraulic Die Castlns 97Stem-Uoe. 3 yean after the effective date of tbo rule. S. Carbonleaa Copy Paper-Uso. t years after the effective date of the rule. Since intact, nonleaking transform ers and capacitors are considered to definition of "PCBd)". Nine new defi tally enclosed, authorisations are not nitions have been added. needed for the distribution in com - 5 761.10--Disposal requirements. In merce and use (except servicing) of response to the proposed change in intact. nonleaking transformers the definition of PCB mixture, a (except those used on railroad locomo method is proposed for the disposal of tives and self-propelled cats) and transformers that contain dielectric Intact, nonlealdng capacitors. fluid with less than 500 ppm but great er than or equal to. 50 ppm PCB. ] 761.20--Marking requirements. I PCB transformers in which the dielec `These authorisations permit non-totally enclosed servicing. However. T**"** who lervlce articles owned by other* must meet tric fluid contains less than 500 ppm i the exemption requirements explained la are not required to be marked. section IV-F of this Preamble. sssnvn 176L46 .Contingency Plus for PCB Exposures and Spills. This section pro poses requirements for the content, availability, and use of a contingency plan for the prevention and control of PCB exposures and spills. Plans would be required for those activities which are granted authorisations. IV. Duannon or tbs Paoroesn Ruls a. ArnjcAxmTT The proposed rule would apply to any person who manufactures, proc esses. distributes in commerce, or uses PCB's. The term "PCB(s)" Includes the any chemical mixture substances wnnt.ining sthoemppsemlveosr; more of a PCB chemical substance: ar ticles whose Interior surfaces are In contact with PCB substances or PCB mixtures necessary to the function of the article (e^-. small capacitors); and any container which holds PCB chemical substances, mixtures or arti cles and whose interior surfaces are in contact with PCB chemical substances or mixtures not necessary to the func tion of the article or container (e*. pipes and drums). This rule would not apply to "PCB Article Containers". Most PCB's currently In service are used In electrical transformers tnd ca pacitors. Therefore, this rule wqgld apply to persona who manufacture, sell, transport, use. service, or repair electrical transformers and capndtors. Electric utilities and other businesses which own or operate large electrical transformers or capacitors (e.g^ in buildings and tn railroad equipment) would be subject to the rule. Persons who manufacture or distribute equip ment 'vmtaviv'y PCB capacitors such as televisions, microwave ovens, light ing equipment, end sir conditioners also would be subject to the rule. Ac-1 cordingly. new PCB equipment cannot be sold after July L. 1979. unless an ex emption Is granted by EPA after re ceiving a petition (see section IV-P of this Preamble). Once equipment con taining totally-enclosed PCB's has been sold to the ultimate consumer for personal use. there can be subsequent sale of the equipment sa a used item to anyone by anyone EPA Invitee comment on this matter. Manufactur ers, owners, operators, and servicers of hydraulic and heat transfer systems containing PCB's (e.g., die easting ma chines and mining equipment) also would be affected by this rule Al though most hydraulic and heat trans fer systems are no longer refilled with PCB's. many are still contaminated with residual concentrations of PCB's PCB's also 'have been widely used as plasticizers specifically as additives to products such as paints, inks, adhe sives, sealants, textile coating*, and certain plastic products. Although most domestic sales of PCB's for these HOOA1 UOtSTBL VOL. 43, MO. 110--WBMSOAT. JUM 7, 1T71 DSW 009882 STLCOPCB4001528 uses were dticontinued tn 1971. many after July 1.1979. unless an exemption of tbe PCB's so used ta tbo put will is granted by EPA. pemone who serv axiUaue to exist tn cnwiiufroe h i let or repair PCS equipment tar renlt of recycling ind tbo long lift of others by installtnr replacement PCB apwdton most petition KPA tar an act* costuming PCB's. Tberefuce. tUs - m rrpialncd in KCtioo IV- rale may effect peteona wt recycle, P of this Preamble. Since U9B replace prni.w. or otherwise oae products ment of PCS capacitors should ha a such u waste oO. sludges, contaminat relatively infrequent repair and since ed rags. soft, pipes. and any Items mm-PQeapatitan may be able to re coated wtth PCB-tmprrgnafwrt sub place PCB eapodton when they do stances. fall, tbs TBCA requirement that EPA Similarly, this role woold apply to grant exemptions tar tbs continuation certain activities Involving tbe oper of this activity may not be as biadan- ation of equipment wbieb ptevfcmaly aome as it may initially appear. held PCB's and which still nonUlna PCS concentration! of SO ppm or greater, such as refilled transformers, With tbs exception of "PCBtsr and and refined hydraulic systems and "PCB Mixture", tbs definitions of tbe heat transfer systems. Disposal and Marketing rule are appli This rale would apply to owners of cable without change to this proposed electromagnets containing PCB'a. IPA rale. requests and data an tbs "PCBU}". The ntating definition at number af sneb magnets and tbe amount of PCS exposure to humans and the environment that results from qh md conpra- son used in natural sas plpcHnaa would also ha cuveied by this regula tion. Comments an requested on the number of socb rmipiisnw. tbe gHanmit qf hnuMi mmi eoffroaBcntml exposure that results tram their use and maintenance, and the economic "PCBur Includes "PCB Chrmtml Substance". "PCB Mixture", "PCB Ar ticle". "PCB Equipment", and "PCS Container". EPA prupaeea to add tbe term "PCB Sealant. Coating, or Dost Control Agent" to this definition. Thlg is s newly defined term dbcusmd tn detail below. The effect of this addi tion woold be to require that PCB arn- lanta. **~r~ and dust control astents be dimmed of in accordance impact of not authorttng their urn. with f 781.10. be marked In accordance The propoKd rule would not apply tn the | 78U8, and be used only as to sewage sludges, dredge spoda. and permitted by f TgUO and f TSUI. spin materials which contain leas than "PCB Mixture". EPA proposes to 50 ppm PCB. Them mixtures an regu define PCB mixture as any mixture lated under other statutes adminis containing 50 ppm or more of PCB tered by SPA. The omission of them chemical nhatanm, This would bam mixtures from this regulation does not tbs effect of **"-<"! manufacture, 'iixaii that EPA believes that control m in imslng distribution In commerce. of such mixtures with lam than 50 mmI m Qf iQ mJlUire siwiA<ihiy 50 ppm PCS Is unneemmry. ppm or greater of PCS chemical ret* Tbs' manufacture, prociwalng. distort stance in a nontotally enetaaed button in commerce, use, and iWspnml mstnins unlMi intiiofOBdi III iddttkiii of small quantities of PCB's used far EPA proposes to extasd tbs marking research and development would be and disposal requirements tn Sabpsrts excluded from tbe requirements and B and C now applicable only to mix- prohibitions of f 70U0. This taresoootointag more than 500 ppm la proposedso that laboratory quanti of PCB to mixtures containing 50 ppm ties of PCS'* needed far health re or greater of PCB. The prohibitions of search and analytical purposes an he I7SU0 would also apply to an mix available. The proposed quantity re tures containing 50 ppm or greater of striction rtlaciisKrt tn section B. below, PCB. The proposal to regulate only la Intended to provide an adequate thorn mixtures ------t-iwy so ppm or safeguard against the ahum of this more of PCB was selected for tbe fol provision. lowing reaeons: Not*.--If a person other than tbs (1) A cutoff of so ppm or greater of owner of a television set, computer, or PCB win exclude from tbe rule munlfr' other PCB equipment replaces a PCB ipal sludges and other mixtures con capacitor with another KB capacitor taining low (leaa than 50 ppm) levels while repairing the equipment and of PCB's whose presence Is due to am charges the owner far that capacitor, bient levels of PCB present in the air this transaction is considered distribu or water. The PCB'a contained in such tion tn commerce of PCB"*. Wince the mixtures are affected by ambient replacement capacitor la considered by levels and cannot be attributed to any EPA to be totally enclosed, this distri discrete source of contamination, and bution tn commerce does not need an thus are lam to preventive authorization to continue through measures. July 1. 1979. However, since all distri (3) Certain organic compounds may bution in commerce (except that cov contain trace amounts of PCB's de ered by section 6(eX3XC)) Is banned spite the um of carefully controlled With careful wffl i than 50 ppm of PCB. (3) All of tbs i PCB 50 ppm cannot practically bs dealt wttb by SPA. A cutoff ot-tQ ppm has Urn advantage at *--<**" to a managashls number of PCB mows, thus ensuring tbe aOscttvoMK ot the regulation. (4) Otbsr statute! are available far regulation at mlilism containing teas than 90 ppm ot PCB. particularly for (badge spofla. Tbs prepareil regulation undK T9CA would not premnpt action by fft or other Federal agenties to Tbs proposed deflnlteai. therefore; Is demand te tacos Aganey attention under TBCA upon the aura. BPA recognises tbe difficulty of selecting a cutoff level for regulation ad PCB* end win revise tbe level mthsr upward or downward from 50 ppm. U appropriate, baaed on informs- don supplied during tbe rulemaking am tide rale. Other higher and lower levels bora already been suggested. In cluding coucaati atoms of 10 ppm end 1 ppm. Them end other uggested al ternatives win be carefully evaluated. PCB's era ubiquitous In the environ ment As a result of manufacturing; pnii i mini uh, and rtlsporel activities during tbe past 50 yean, PCB*e have hmmw tfitO Wtttf COOBtf* dal products, into byproducts and waste and into oxvtrenmen- tsl media meimWeg air, water, and ao(L BPA babevea that It can feasibly regu late tbs introduction of PCB'ejnto tbs aaviramnsnt at tbs 50 ppm PCB leveL EPA also believes that tbe regulation of mstmtab eamtetatag less than 50 ppm PCB would, in many Instances, constitute an effort to regulate PCB's wtdeb have already haem introduced into tbe environment. Even in thorn eaaes where material containing lea than 50 ppm PCB anten tbe environ ment as "new" PCB's, EPA does not believe It b feasible to control the di verse number of itmns wttb suTO low ooneentratians af PCB's. However, waste oil used as a sealant coating, or dust control agent wttb a PCB concen tration lower than 50 ppm win be sub ject to regulation. In tbe PCB Disposal and Marking rule, EPA prcpcesd a concentration of 500 ppm PCB. After the rule had been feropoeed. however. EPA learned that many materials, including gener ated tn large may contain PCB'a At levels well above general en vironmental levels but below 500 ppm. Pot example, while carefully manufac tured organic chemicals may contain as much as 35 ppm PCB, procaa FtmgAi nonnet. vet a, no. uo--vmdnooat, jum t. iwt OSH 009883 PtOfOSH) MASS 24805 upsets may result la production of batches that contain concentrations higher than SO ppm. Municipal sewage sludge may contain relatively high concentrations of PCB's If a quantity of PCB's has been Introduced Into the sewer system. Dredge spofls from some rivers may contain more than SO ppm PCB. Where PCB spills occur, both soil and clean-up materials may be contaminated with PCB's. Taking such considerations Into account. EPA is now proposing SO ppm PCB be set as the lower limit of its definition of PCB mixtures. EPA specifically invites com ments and data on the extent to which this proposal (or a lower limit for the definition of PCB mixture) will affect persons involved in manufacture, pro cessing. distribution, use. sad disposal of PCB's. and whether thia is the ap propriate concentration at which to make the distinction described above. As stated above, if written comments or testimony at the public hearing in dicate that either a higher or lower concentration is more appropriate, that concentration will be adopted in the final rule. EPA want* to emphasize that the rule proposed today does not preempt more stringent requirements that may be placed in dredging permit* and in any other regulatory tools employed by EPA in controlling the release of PCB's. In particular, if there is a risk that materials such ss dredge spoils or sewage sludge will be 'deposited in water or where they can be carried into water, stricter controls than speci fied in these regulations may be ap propriate. Water has been the most significant pathway for PCB contami nation. and serious environmental damage can be expected to result from the deposit in or near water or materi al containing PCB's even in low con centrations. This is particularly true for dredge spoils and sewage sludge, given the huge quantities of these ma terials that may be generated. EPA Regional Offices making deci sions on permits for dredge and fill . disposal under 3 404 of the Federal Water Pollution Control Act (FWPCA). discharge permits under the FWPCA. dumping permits under the Marine Protection. Research and Sanctuaries Act of 1912, or exercising any other relevant authority, will be expected to take such factors into ac count and to regulate PCB's at levels below 50 ppm under that other au thority. wherever appropriate. "Manufacture and Procest for Com mercial Purposes". The proposed rule applies to manufacturing (Including importation) and processing which is performed for commercial purposes. ``Commercial Purposes" means for dis tribution in commerce, including for test marketing purposes, and for use by the manufacturer, including for use as a chemical precursor. By restricting the scope of the definitions of "manu facture" and ``processing" found in TSCA to apply to only those activities that are considered "for commercial purposes". EPA would not regulate certain activities such ss the manufac ture of a chemical that results in in unintentional PCB impurity. However, because the proposed rule prohibits the distribution in commerce of PCB mixtures, the product would have to be processed to reduce the PCB con centration to below 50 ppm before dis tribution in commerce. The proposal would also permit the processing of products and plant wastes to concen trate PCB's if the purpose Is to dispose of the PCB's and reduce PCB concen trations in the final product. "PCB Sealant, Coating, and Durt Control Agent". Sealants. nn,r<"f, and dust control agents made from waste oil are often contaminated with PCB's and. because of their particular usee, these PCB's are quickly introduced di rectly into the environment. For ex ample. waste oil is frequently used as a for roads, which have well- drained surfaces whose run-off fre quently goes to municipal treatment plants or rivers and streams. In addi tion. although the PCB concentration Is low, the large volume of oil that la used results In a large quantity of PCB entering the environment. Because the PCB's in waste oil can so easily find their way into the environment through these usee, the EPA is propos ing that waste oil containing any amount of PCB contamination shall not be used as a rwaHnf, or dust control agent. Waste oil contain ing leas than SO ppm may still be used 'as s fuel, as a feedstock for re-refining, or any other use except ss s sealant, coating, or dust control agent. EPA la concerned about the use of waste oil for space heating since ambi ent emiartons of PCB's are likely to result. Comments are requested on whether EPA should include waste oil containing leas than 50 ppm PCB within this definition, thereby forbid ding this use. Comments are also re quested on the economic impact of such an action. "Sale for purports Other than Rerale". The law exempts any PCB sold for purposes other than resale before July 1. 1979, from the total pro hibition on any distribution In com merce. "Sale for Purposes Other than Resale" is defined as sale for purposes of disposal, for purposes of research and development, and for purposes of use by the purchaser. In addition. PCB equipment which Is leased before July 1. 1979 for a period of no less than one year will be considered sold for purposes other than resale. The sale will be considered to have oc curred as of the date of the signing of the lease. This "sale for purposes other than resale" provision does not apply to sales to or by retailers or per sona who service an*t repair PCB arti cles and PCB equipment owned by others. These persons clearly purchase PCB's with the intent of reselling them. The use. finished product, or equip ment. would be subject to applicable regulations. This provision of TSCA allows the continued distribution In commerce and use of PCB's in a total ly-enclosed manner (or lp accordance with an authorimdon or exemption), rather than forcing them into immedi ate disposal. possible adverse economic consequences. For example, a person (Including dealers) may resell a used television instead of throwing It sway. Furthermore, this provision would permit the tale for disposal, provided other applicable require ments of the rule are not violated. "Significant Srpoture" and `Totally Knclored Manner". TSCA prohibit! the manufacture. piwaainy. distribu tion In commerce, or use of any PCB on or after January 1. 1978, in other than a totally-enclosed manner. TSCA defines "totally-enclosed manner" aa n| manner which will ensure that any exposure of human beings or the environment to PCB's will be insignifi cant. TSCA section 8<eX2XC) requires the to determine by rule what constitutes lnalgnifican?%x- posure. EPA proposes to define "Insig nificant exposure" as no exposure: Le- any exposure of human beings or the environment to PCB chemical sub stances or PCB mixtures Is significant. EPA considered a finite concentra tion as the demarcation between "sig nificant" md "insignificant exposure". The chief reason for not ttrt"r tills approach, however. Is that there simply Is no rational basis for selecting any particular exposure level above zero for the purposes of thia regula tion. PCB's are extremely persistent and ubiquitous In the environment, bioconcentrate and bioaccumulate within organisms, induce a vari ety of adverse effects in humans and laboratory and possess no known "no effect" level for some of these effects. Based on the existing in formation on the environmental risks associated with expoeure to PCB's (summarized In the Support Docu ment), it is apparent that there is no finite level at which continuing re leases into the environment could be regarded as insignificant. Accordingly, the Administrator has determined that any exposure to PCB's is signifi cant and shall not be permitted unless explicitly authorized or exempted. This determination should not be construed as an expression of EPA policy regarding acceptable or allowa ble exposure to all toxic substances: rather, it is Intended to provide, for EPA and persons who would be affect ed by this rule, a dear distinction be- hdouu. uoerrat vot ss. mo. no--widnuoat, ajni r, irt DSW 009684 STLCOPCB4001530 24806 tween activates that will and will not be eoiwMered 'totally enclosed". It is not a determination that any exposure to PCB** presents an uiuwennabla risk. EPA's determinations of which non-totally enclosed activities will bo- allowed to continue will be baaed an judgments at whether they pose un reasonable hake to health and the en vironment. taking Into account the factors enumerated in lection 6tcXl). Thus, the finding that any exposure to PCB`t la significant serves simply to define any activity that emits or dia- cbargea PCB's aa not "totally en closed." In turn, any PCB activity that is not "totally enclosed" Is unless the risk associated wtth that ac tivity is determined to be reasonable. If EPA finds that a PCB activity does not present an unreasonable risk. EPA may authorise or exempt that activity. This determination is not, as it may seem, inconsistent with the fact that the Agency has proposed a finite con centration of PCB's (50 ppm) In the definition of PCB mixture. Although any exposure to PCS'* is significant, it would be impossible to regula tions applicable to the use of air. water, soil, and everything else that may oont&in low levels of PCB'a. Expo sure of human beings or the environ ment to PCB's will be to exist if any PCB's are detected by any scien tifically acceptable analytical method. However, a person covered by this pro posed regulation would not be held re sponsible for exposures to background levels of PCB's. which, although they may be detected, are not the result of that person's Involvement with PCB'a. That is. if PCB's are detected In the vi cinity of a PCB activity, but the con centration detected Is no higher than the ambient level which would nor mally be expected in the aheence of this activity, such PCB's will not be considered the result of the activity. Because the highest ambient levels of PCB's measured to date are well below the levels normally sssoclated with the manufacture, processing, distribu tion. and use of PCB's. there should be little difficulty in dtttnfiiihiwy ambi ent background levels from those asso ciated with specific activities. "Small Quantities for Purposes of Research and Development". The phrase "small quantities for purposes of research and development" is de fined as those quantities of PCB sub stances or PCB mixtures contained In hermetically sealed five milliliter con tainers which are manufactured or processed only for purposes of scientif ic experimentation or analysis. This regulation would permit the produc tion of small quantities of PCB chemi cal substances or PCB mixtures to be used for research, development, or analysis. Such PCB's can be manufac tured in small quantities and handled under controlled conditions by techni cally qualified individuals. There la no limit an the number at containers that a peraon may mains- facture or use. This la to permit the operation of supply houses which may make or stock a large number of such containers of PCB at one time and sell from this inventory to individual re search firms. The five milliliter volume limit should ensure that any PCB'a made will be used only for re search and development. Ptve ten should provide an adequate amount foe these purposes Per exam ple. a PCB --"p| of this atte la ade quate for uae in gas chromatograph tests. These small quantities would still be subject to the disposal and marking requirements of f 76UO. a disposal nooxemamTS The proposed rule revises the re quirements of 1761.10 wtth respect to the disposal of transformers in which the dielectric fluid has a PCB concen tration leas than 500 ppm. but greater than, or equal to. 50 ppm. Dlspoeal of such transformers by incineration or in a chemical waste landfill would not be required by this rule provided that the dielectric fluid contained in these transformers is first drained and dis posed of In accordance wtth the re quirements of (761.10(b). Therefore, these transformer carcasses could be disposed of In a muniOpel landfill or sold for salvage. EPA has not proposed restrictions on the salvaging of PCB transformer carcasses which originally contained dielectric fluid with a PCB concentra tion less than 500 ppm because; (1) There should be little human and en vironmental exposure to PCB's and. (2) valuable copper and steel could be salvaged for recycling. However, EPA recognizes that it may be necessary to establish specific procedures applica ble to the salvage of these transformer carcasses in artier to prevent any undue exposure to PCB'a In this regard. EPA requests comments snd data on: (1) the procedures used by salvage operators in handling these transformers: (2> the need for regula tory controls on salvage of PCB trans formers; (3) the salvage value of trans formers: (4) the potential for. and extent of. human and environmental exposure to PCB's which may occur as a result of salvage operations; (5) the number of transformers which are sal vaged on an annual basis: (6) the number of salvage companies which can salvage PCB transformers; and (7) other methods of of the PCB transformer carcasses. The proposed rule would require that the dielectric fluid from any transformer which is manufactured before January 1. 1979, and which la filled primarily with non-PCB dielec tric fluid (eju mineral oil) be rttspoaed of in one of two ways: (1) in a high- temperature incinerator (Annex I) wtthout any testing for PCS: or (2) in any other manner if a teat for PCB shows that Urn eoncantxatioa Is lam than 50 ppm. EPA la aware that these may be a very lam volume at tbia fluid that will require special `"T"**' and thia rtkgmaal requirement may be expensive. Partner, high temperature laTorration of the mineral aa will not utilise the ail as fuel because at the overabundance at bleb Btu hydrocar bon wastes. Tbs Incremental coat at thia rilappeal requirement may be aa high aa $26,000 par pound at PCB. The total coot of thia disposal require ment. over approximately 30 to 40 yean. Is 6012-4760 million. In view of the low level at PCB contamination la this fluid, dlspoeal alternatives may be available which would substantially reduce disposal costs while still result ing in high levels of PCB destruction. Utility power generation units and cement kQns may be able to achieve very high destruction efficiencies even though they may not meet the requfaaments of Aimer L In addition, these altsnattvee may utilise the min eral oa ss fueL However. EPA has little or no data available to character ise the performance of these alterna tives. EPA therefore requests com ments on alternative methods of dis posal of times dielectric fluids. Com ments are requested an the estimated raiume of dielectric fluid that would require such disposal annually, what restrictions would be neceasary to ensure an acceptable level of destruc tion efficiency, and the coat of dispos ing of the fluid by means of high-tem perature tndneratinn versus the cost of alternative disposal methods. Com ments are requested concerning the es timates of the marginal costs as stated above and whether such costs (if cor rect) are justified in view of the addi tional environmental PCB contamina tion that would result from not requir ing this method of disposal EPA is considering requiring labeling of all transformers manufactured either before or after January 1. 1979. This would make recognition of those transformers subject to this dis posal requirement much easier. Com ments are requested on the feasibility of such a requirement and the costs. and benefits that would result. This propoeed regulation would the exlating marking require ments for PCB's contained in 1761-20. Those PCB transformers which con tain dielectric fluid with a PCB con centration leas than 500 ppm would not be required to be labeled. amoaumow flection 761-30 would implement sec tion 6<eX3) snd (eX3) of TSCA. setting out the specific prohibitions of PCB activities. These were desalt) nl In Seo- ^ DSW 009885 STLCOPCB4001531 24807 Uon I of this Preamble, la addition, two nririiTif* of the Administrator are stated in 1761.30. The Hist is the Ad ministrator's finding, pursuant to sec tion 12(aX2) of TSCA. that the manu facture. processing, and distribution in commerce of PCB's for export pre sents an unreasonable risk of injury to health within the United States and to the environment of the United Stataa. This finding is more fully dinmert in Section Vm of this Preamble. The second is that the distribution in com merce and use of intact, non-leaking transformers, other than those used on locomotives and self-propelled rail road can, and capacitors is considered distribution in commerce and use in a totally enclosed manner. According to section 6(e) of TSCA. disposal is an activity separate from processing and distribution in com merce. Any preparation or processing for disposal is considered to be dispos al and not distribution in commerce or processing. Therefore, any such activi ty. if in the course of compliance with pertinent disposal requirements, is not subject either to the January 1. 1978, totally enclosed manner requirements or to the July 1, 1979. bans. r. auntoajZATioivs Ago nuRioss In enacting section 6(e), Congress recognized that the statutory bands could significantly disrupt certain ac tivities involving PCB's. particularly those for which viable substitutes are not available. TSCA authorizes EPA to grant by rule two types of exceptions to the prohibitions of such activities. Pint, the Administrator may autho rize the continued manufacture, pro cessing. distribution in commerce, or use of PCB's in a non-totally enclosed manner after January 1. 1978, if he finds that the activity will not present an unreasonable risk of injury to health or the environment. The crite ria for determining reasonable risks is described in the Support Document. Second, the Administrator may grant exemptions upon petition, for periods of no more than one year at a time, from the 1979 bans on manufacturing, processing, and distribution In com merce of PCB's. If he finds that the activity does not present an unreason able risk and that good faith efforts have been made to develop substitutes for the PCB's used In that activity. Section 6(eX3) does not impose a final ban on the use of PCB's but it does ban all manufacturing, process ing. and distribution in commerce. As a result. EPA may authorize a non-totally enclosed use of PCB's for what ever time period it feels is appropriate under section 6<eX2). However, au thorizations for non-totally enclosed manufacturing must end on January 1, 1979, since that is when the total ban on manufacturing begins. An ex emption is required to continue any type of PCB manufacturing after that date. For the same reason, authoriza tions far non-totally enclosed process ing and distribution in commerce must end on July 1.1979. Harm.--The tens "dteflautiap ia com merce" is wed to refer to tbe ole of a PCS. Hoevm. it aim means the delivery at a PCB in conjunction with a ale or the bold ins at a PCS attar ale for purpooa of reala An erample of the latter Is s distrib utor who buys tram the manufacturer and then resells to retailer*: while the PCB's are In his Inventory, they are belnt held for fur ther dlstrtbutJoa m commerce. However, die- CrthuBou In does not the haldlns at PCS'* for tnirpoom solely at am by the bidder. Per the purcnsm at TSCA. "lain imlni" to --me to that pmcaating which takas place after manufacture of the PCB In preparation for distribution m com merce. Tniiialni" does not Include pro- performed by the owner of the PCB ribowqwrnt to attribution In urumoroe for his own use. The servicing of a PCB transformer is an example of how all of these con cepts fit together. If s PCB transform er is removed from service and re turned to the owner's own service shop where PCB dielectric fluid Is added to It. the servicing could be covered by a use authorization. However, if that same transformer was sent to s trans former service company that added PCB's to the transformer, the servic ing would be both processing and dis tribution in commerce since the PCB dielectric fluid would be sold by the service company to the transformer owner (thus the title to the PCB's would have passed from one owner to another). To continue this activity, the transformer service company would need authorizations for both processing and distribution in com merce. In addition, the service compa ny would have to petition for, and re ceive. an exemption each year to con tinue this activity after June 30, 1979. Even though ttil actions performed in both shops are the same, the trans former service company is subject to much more rigorous requirements than the transformer owner. As in the transformer servicing ex ample above, a person servicing a com puter who does not own that computer is considered to be processing and dis tributing in commerce If he a PCB capacitor in the computer. To continue that practice after July 1, 1979, an exemption will be required. Finally, a person who leasee a comput er may not sell that computer after July l. 1979, unless the computer has been leased for no less than one year. A person could apply for an exemption so that he could sell a computer which has been leased for less than one year. 1971 authorization*. Section 6(eX2XB) of TSCA permits EPA to au thorize by rule the manufacturing, processing, distribution in commerce, and use of PCB's in a nontotally en closed maimer if these activities wm not present an unreasonable risk of injury to health or the environment. EPA has determined that certain non- totally enclneed PCB use activities will not present an unreasonable risk and proposes to authorize these use activi ties for a period of 9 yean after the ef fective date of the final rule. At that time. EPA will examine the need for continuing these authorizations, in thll iwHow EPA weighed the effects of PCB's on health and the environment, the mag nitude of exposure, and the reason ably ascertainable economic conse quences of the rule. This determina tion Is fully In the support document/voluntary draft environ mental Impact statement. 1979 exemption*. Exemptions from the manufacturing, processing, and distribution in commerce bans re quired by f 6(eX3XA) of TSCA may be granted tor no more than 1 year at a time and must be granted by rulemak ing each year. In general, persons must petition for exemptions which will be granted on an individual basis. For the purpose of petitioning for an exemption, ''person'* may Include a trade association or any other entity representing s number of users. In some Instances, EPA may also confer accepting petitions from and granting exemptions to a class rather than solely to an Individual. Persons may petition for an exemption only after the effective date of this rule. The final rule win describe the require ments for filing petitions and for the information to be provided in the peti tion!. Based upon the authorizations pro posed. EPA anticipates petitions for continuous miner motor rebuilding and for transformer servicing. EPA also anticipates petitions for exemp tions for distribution In commerce, after July 1. 1979, of PCB consumer equipment such as sir conditioners, televisions, and microwave ovens re maining n the inventories of small wholesale and retail businesses. EPA is concerned about the potential for undue qp fuen bust* nesses that might be created by the July 1,1979. ban on sale of PCB equip ment. EPA also la aware that the mar- ginal Impact on environmental PCB concentrations from the sale of these Inventories of PCB consumer equip ment may be small. In order to minimize any problems which wholesalers and retailers might have in complying with the ban. EPA encourages manufacturers of PCB equipment to inform all participants In the distribution in commerce chain (e-g.. wholesalers, jobbers, retailers) of the identity of all PCB equipment manufactured after July 1. 1978. Par ticipants in the distribution in com merce chain should be made aware of NMtAL uomat voc a, mo. ho--wbmsoay, jum 7, im DSW 009886 STLCOPCB4001532 24808 nOfOSD KUUS the consequences of not selling this hasard of catastrophic transformer equipment bj July 1.1979. and should failure. Therefore, the proposed au be able to receive help, as needed, to thorisation allows routine servicing of segregate PCB equipment from noo- transformers containing dielectric PCB equipment. If voluntary efforts fluid with 90 ppm and greater PCS. In to inform the distribution chain do' addition, an authorisation is proposed not work. EPA may consider H'THng for processing and distributing in com regulatory requirements that manu merce PCB fluid only tor servicing facturers adequately Inform the distri transformers. Persons subject to the bution chain. Comments are requested latter authorisation must keep certain on the need for mandatory notifica records and provide one report to tion requirements, the information EPA. Aa explained above, this authori that should be distributed, and the zation will be needed by service com costa that would be involved In such panies which service PCB transform an Information dispersal system. ers. This authorisation will expire on In evaluating any petitions for ex July i. 1979, while the use authorisa emptions from the 1979 bans, it should tion win expire 9 yean after the effec be noted that an important criterion tive date of the rule. During this 5- for granting an exemption from the year period. EPA will be examining July 1. 1979, ban will be good faith ef the use of substitutes m older trans forts to develop PCB substitutes. Cer formers to determine the feasibility at tainly small businesses and retailers phasing out all use of PCB's. would not be expected to develop sub The proposed rule authorises the re stitutes. but their efforts to eliminate filling of transformeis with PCB fluid. PCB equipment from their inventories However, the proposed rule does not certainly could be evaluated. In addi permit the rebuilding of PCB trans tion. any efforts of firms to overload formers which contain dielectric Quid the distribution system with PCB with a PCB concentration of 900 ppm equipment by manufacturing or or greater. EPA la considering the fol buying more equipment than would be lowing alternative for transformers normally distributed in the given time containing dielectric Quid with a PCB frame would be considered a negative concentration of 500 ppm or greater factor in evaluating an exemption pe (1) Such transformers could be tition. ____ topped-off only with non-PCB fluid: Tmiu/ormen. Many PCB transform (2) such transformers would be re ers other than those used on railroad quired to be refilled with non-PCB locomotives and self-propelled can are fluid if they are ever completely routinely serviced and sometimes re drained for servicing: and (3) such built. The use of these transformers transformers could be rebuilt provided generally Involves no release of PCB'l that they are refilled with non-PCB and thus constitutes a totally enclosed fluid. Refilling under such an authori activity permitted by TSCA. However, zation would be subject to specified servicing procedures often result In ex flushing procedures. EPA Invitee com posure of the environment to PCB's. ments on this alternative, particularly There are two categories of servicing: with respect to the technical feasibil rebuilding and routine servicing. ity and economic consequences of When a transformer fails, it is usual adopting this alternative. ly disposed of. Sometimes, however, it The vast majority of transformers is rebuilt in a relatively open oper are filled with mineral oil dielectric ation which involves draining the fluid. Although mineral oil should be liquid, removing and disposing of the free of PCB's. there may be Instances old liquid, rewinding new coils, and re where PCB contamination has inad filling the transformer with new vertently occurred. Where the concen liquid. This practice can result In sub tration of PCB's in a mineral oil trans stantial exposure of both humans and former equals or exceeds 54 ppm. that the environment to PCB's. EPA has transformer would be considered a determined that it is unreasonable to PCB transformer under the defini allow the exposure which occurs tions of this rule. The proposed rule during rebuilding of transformers con provides a leas costly method of dis taining fluids with PCB concentra posal for any transformer whose di tions of 500 ppm and greater, hut pro electric fluid contains less than 500 poses to permit rebuilding of trans ppm but greater than, or equal to, 50 formers containing fluids with PCB ppm PCB. Also, because of the de concentrations less than 500 ppm. creased risk associated with lower con During routine servicing, such as centrations of PCB's in dielectric fluid, testing the liquid or reparing a gasket, the servicing of transformers contain some amount of liquid is drained, pos ing dielectric fluid with less than 500 sibly filtered, and returned to the ppm la not restricted. transformer. Some environmental con The number of mineral oil trans tamination occurs. Routine servicing, formers contaminated with PCB Is however, causes far less exposure to unkown to EPA at this time. EPA la PCB's than rebuilding and reduces the Interested in receiving the following substantial costs of frequent trans data: (1) the percentage of mineral oil former replacement, as well aa the transformers contaminated with PCB'S (2) the PCB wiw'twHww in such transformers; (3) the frequency of failure of mineral oil transformers: (4) the perrentage of faOad mineral oQ transformers which an rebuilt; (5) present methods of *>-1 of mineral oil: () the anticipated impact if the rebuilding of PCB contaminated min eral oil transformers it not permitted: and (7) and the anticipated costs of dtopnsing of those transformers and their mineral ad contents. All date on mineral oil Uansformers distin guish between pole treoefOrmeie and other mineral oil transformers. There an recordkeeping require ments and a reporting requirement for penone who service transformers owned by others with PCS fluid. These requirements relate-to the per son's Inventory of PCB Quid and the dates and nature of servicing per formed with PCB's. The information wfll enable these penone and EPA to accurately account for PCB's used as a result of this authartaticn. comments an invited on the ireyet: of these re quirements and if any additions or de letions an appropriate. Trantfomtrt in railroad locomo tives and eetf-prapeOed earn Trans formers in approximately 1.000 elec- trie railroad locomotives and self- powered can operated in the north eastern United States by Amtrmk, Con- Rail, and five Intradty transit authori ties contain PCB Quid. The use and servicing of these trans formers cannot be considered totally enclosed, frequent environmental ex posure to PCB mixtures spilled onto the roadbed occurs when transformers n.wh..tin. causes fluid overflow and when rocks and debris damage the transformers while they are in service. PCS'* are also lost due to volatilize- tion and In servicing operations. These problems am made mom severe by the fact that railroad transformers am often underdeaJgned because of space limitations. It is loglstically and economically in feasible for these railroad transform- era to be replaced in the Immediate future. Thus, the absence of an au thorization for the continued use and servicing of this equipment in a nonto- tally enclosed manner could result in extensive curtailment of railroad serv ice and adverse economic and social consequences. EPA therefore proposes to authorize the use of railroad trans formers. including servicing, subject to certain condition* designed to reduce the PCB concentration of these trans formers' dielectric fluid and thereby reduce the exposure of humans and the environment to PCB's. The propoeed rule would authorise unrestricted use and servicing of rail road transformers for 15 months after the effective date of the regulation, except that no authorization would be provided to allow transformer service FBMUU. IHOTB. VOL 45, NO. 110--WBNBSAV, JIM 1, 1WS DSW 009887 STLCOPCB4001533 VMS 2480 companies to proem or distribute In commerce PCB dielectric fluid for the purposes of servicing of PCB railroad transformers. At the end of 15 months, the PCB concentration of the railroad transformers' dielectric fluid must be no more than <0,000 ppm (4 percent). SPA's intent Is to allow either the replacement of the PCB railroad transformers with non-PCB units or the refilling of the transform- era with non-PCB dielectric fluid so that the concentration of PCB's In the fluid Is no more than 40,000 ppm. The rebuilding of railroad transformers arid subsequent refilling with PCB's would not be permitted. Furthermore, the authorisation re quires that the PCB concentration tn the railroad transformers' dielectric fluid be reduced to no more than 1.000 ppm 3 years after the effective date of the regulation. This reduction will greatly reduce human and environ mental exposure and is believed at tainable through the application of ac tivated carbon filtration. Since this technology has not yet been applied In relation to railroad transformers, some uncertainty does exist. For this reason. EPA may make appropriate changes In this 1.000 ppm require ment. Including raising the level or lowering It, as more and better Infor mation becomes available about the use of activated carbon filtration and other available technology. This au thorization would expire 5 years after the effective date of the regulation, when EPA would reevaluate the need for continuing the authorization. The rule would require testing to de termine the PCB levels In the trans formers. The results of this testing, as well as the time at which other servic ing activities are performed In accord ance with the rule, would have to be recorded. Based on the Information available to the Agency at this time, the proposed refilling of railroad transformers and carbon filtration of the dielectric fluid should permit the elimination of the use of PCB's with out undue economic and social disloca tions or undue health or environmen tal danger. There are recordkeeping require ments and a reporting requirement for persons who own railroad transform ers. These requirements relate to the person's inventory of transformers and refilling progress. This informa tion will enable EPA to assess a per son's compliance with the require ments of the authorization. Comments are Invited on the Impact of these re quirements and If any additions or de letions are appropriate. ' Mining equipment There are two types of mining machinery which use PCB fluids as s motor coolant: loaders and continuous miners. Although pro duction of this equipment has ceased, many are still In use. Approximately <53 motors containing PCBs used on loaders are currently operable; and there are about IS continuous miners far which there are about 45 PCS motors either tn use or kept as spares. The operation of this machinery re sults in the ices of PCB fluids from leeks and overflows Into the envlrcnment. Servicing procedures, performed either In Use shop or in the field, result In additional environmental ex posure to PCBs. to require replace ment of these motors by the effective date of this rule would be tarnwi<-ny and economically tnfeasible. To avoid the advene coaequencee caused by an Immediate use ban. EPA Is proposing a phase out of thorn PCB moton which will coincide with the servicing sched ule applicable to these moton. Load ers and continuous miners are given different compliance schedules since they poee different problems. Because of the cutting head design, the moton on continuous miners cannot be rebuilt as non-PCB moton. Furthermore, the cost of replacing the cutting head moton is prohibitive In light of the limited remaining expect ed lifetime of the continuous miners. The only feasible alternative Is re placement of the entire continuous miner unit. Because of the lead time neceanry to order and product this type of equipment, the replacement of continuous miners cannot begin for some time after the effective date of this rule. Therefore. EPA proposes tn permit the rebuilding of oootlnuoua miner motors without conversion Into non-PCB motors for 12 months after the effective date of the rule and to permit the use of theee units until De cember 31. 1981. Since the rebuilding of these miner motors Involves the use of PCB fluid, such rebuilding when done by companies who service other persons' motors constitutes processing and distribution in commerce of PCBs. Therefore, an authorization for service companies to process and distribute In commerce PCB fluid Is proposed so that the continuous miner motors can be rebuilt. Theee service companies will have to petition EPA for an ex emption to rebuild continuous miner motors after June 30.1979. Due to the frequent need for service shop work on continuous miners. EPA believes that few continuous miners will be able to remain tn use until December 31, 1981. The PCB motors on loaders can be replaced with, or rebuilt as, non-PCB air-cooled motor*. EPA la proposing that these motors be replaced or re built as air-cooled moton when they are returned to service shops for main tenance. This process of rebuilding or replacement would take three yean provided that normal maintenance patterns are followed. Therefore, use of these loaden Is authorized until De cember 31. 1981. After this date, the proposal would not permit the use of any loaders or continuous miners con taining PCB moton. Topping-off the motor fluid levels in the field Is consid ered a use. There are recordkeeping require ments and a reporting requirement for persons who own and service PCS mining equipment. These require ments relate to the person's Inventory of PCB fluid and the dates of rebuild ing mining equipment motors. This In formation will enable these persons and EPA to accurately account for PCBs used as a result of these authori sations and will permit EPA to isms a person's compliance with the require ments of these authorisations. Com ments are Invited on the impart of those requirements and If any addi tions or deletions are appropriate. Hydraulic die costing system* A large number of die systems are tn use. some of which have been filled with PCB hydraulic fluid at some point In the past. Although this use of PCB's has been discontinued, the equipment Is still In service. Some systems have been topped-off with non-PCB fluids, and others have since been drained and flushed In an at tempt to reduce PCS However. systems may still be con taminated with residual PCB's which are gradually released from rubber surfaces and with PCB's that remain after flushing. Therefore, hydraulic die ~**<**t systems cmn contain con centrations of PCB ranging from a few to thousands of parts per million. These systems leak considerably, even when properly maintained. In addi tion. some of the fluid volatilizes at the high operating temperature* These lames result In water effluents as well as air emission*, both of which have contributed to existing levels of PCB ~Nn,*n1ntjTM' In the environ ment. Mandatory removal of these systems from service would result In wide spread economic disruption in Indus tries 'inf die castings. On the other hand, the continued uncontrolled use of these systems would result in re leases of substantial amounts of PCB's Into the environment. EPA Is propos ing to authorize the continued servic ing and use of PCB-contamlnated hy draulic fluid In those systems which now contain hydraulic fluid whose PCB concentration Is greater than, or equsd to. 50 ppm subject to certain conditions. These conditions would be that the concentration of PCB must be reduced to no more than 50 ppm at the end of the first year after the ef fective date of this rule and that this concentration must be maintained or reduced through periodic fluid re placement or servicing. Testing and necessary servicing or replacement to achieve and maintain a concentration of 50 ppm or leas PCB would have to be performed at least every six months. noMAi odisia. vet. t no. ms--wsonboav, aim r, w DSW 009888 STLCOPCB4001534 24810 EPA hu leaned that one company which periodically services the hy draulic Quid has reduced PCB concen trations to undetectahle levels. This company'* experience indicates that, routine Servian* can eventually elimi nate the need for continued flushing. As a result the semi-annual check and processing should substantially reduce total environmental exposure to PCB's. Note that the drained PCB fluid would be subject to applicable disposal regulations. The full extent of PCB contamina tion of hydraulic die is unknown. Except in a few instances, the extent and types of effort* to reduce PCB concentration are also un known. Comments and data are invit ed on: <1) the number of PCB contami nated die systems in existence: (2) the average liquid volume of the systems; (3) the range of system liquid volumes: (4) the amount of fluid re quired to routinely top-off these sys tems and at what time intervals; (3) whether systems are routinely drained or topped-off; (3) the effect of routine servicing on the level of PCB contami nation; (7) what specific efforts have been made to reduce PCB contamina tion and the success of these efforts; (8) how the hydraulic fluid can be ser viced to remove PCB's; (9) the present level of PCB contamination in sys tems; (10) the cost of new systems: <11 < the cost of processing fluid: and (12) the cost of draining and refilling systems. Recent efforts have been made to develop methods such as carbon filtration and distillation for removal of PCB's from dielectric fluid. Comments are requested on the possi ble use of these methods to reduce PCB contamination in these hydraulic fluids. EPA also realizes that this require ment could be extremely costly unless carbon filtration and distillation are feasible for the removal of residual PCB's from hydraulic fluid. If this technology does not prove feasible, the incremental cost of this require ment could be ss high as S28.000 per pound of PCB removed. Comments are requested concerning the estimates of the marginal coats as stated above and whether such costs (if correct) are jus tified in light of the additional envi ronmental PCB contamination that would result from not requiring this method of disposal. There are recordkeeping require ments and a reporting requirement for persons who own PCB hydraulic die casting systems. These requirements relate to an inventory of contaminated systems, the dates of servicing, and the PCB concentrations, Lf measured. This Information will enable these persons and EPA to assess the pro gress toward reducing the PCB con centrations in these systems. Com ments are invited on the Impact of these requirements and lf any addi tions or deletions are appropriate. Carbonless copy paper. Prior to 1971, carbonWas copy paper distributed by NCR Cons, was made with ink contain ing PCB's. There does not appear to be a way of (Wt+ifniahing PCB car bonless copy paper from aon-PCB car bonless copy paper, with the possible exception of dates or other indications in unused inventories. A large portion of the PCB carbonless copy paper that has not been destroyed is probably in files. The proposed regulation con tains an authorization for the use of PCB carbonless copy paper for the fol lowing ressrmr (1) the inability to readily between PCB and non-PCB carbonless copy paper (3) the enormous undertaking that would be required of both business and gov ernment to purge files of PCB carbon less copy paper, even if a way to distin guish it from non-PCB carbonless paper were devised; and (3) the small amount of PCB on each piece of car bonless copy paper. In addition, paper recycler* have for some time been careful not to sccept any carbonless copy paper for recycling. o. Ainrxx vn A new annex is proposed for Part 761. This annex specifies the format for a PCB Exposure and Contamina tion Control Plan (ECCP). The pur pose of the ECCP is to help insure that risks associated with activities either authorized by or exempted from the requirements of (761.31 are minimal. The plan would require de lineation of all steps and processes in volved in an authorized or exempted activity, and would include require ments for notification of proper au thorities and basic stepa for response to releases, such ss spills, of PCB'*. Each person authorized (or at some later date exempted) to process, dis tribute in commerce, or use PCB chemical substances or PCBV mix tures would be required to develop and Implement an ECCP. There are two major parts of the ECCP. The first is a written oper ations plan that describes step-by-etep procedures to be followed in the per formance of an authorized PCB activi ty. The second is a response and con trol plan that describes step-by-step procedures to be followed when a re lease of PCB's occurs at a PCB use or servicing operation. The plan would Include procedures for incidents that range from releases of PCB's that are captured in drip pans to much greater releases such ss the loss of the entire contents of a PCB transformer with some or all of the loss escaping the controls established in the operations plan. Copies of the ECCP would be kept: (1) With the Spill Prevention Control and Countermeasure (SPCC) Plan lf the person is required to keep an SPCC plan: (3) in the office of Use facility where the activity la being per formed and with other PCB fUea at the principal "ftw at the orcanisaticn: and (3) with each group of em ployees as they perform activities that. may result in an exposure or contami nation incident. Finally, the plan would be certified by a Registered ProfcationsI engineer (Pit The PJL would certify that the plan has been prepared in accordance with good en gineering practice and that it compiles with the requirements of *nnw VH. This certification is not determinative of the plan's adequacy. EPA. at its dis cretion. may review the plan. If EPA finds that the plan is inadequate or that a person la not implementing any provision of the plan. EPA may take one of the following actions: (1) Re quire that a plan acceptable to EPA be written and implemented; (3) suspend a person's authorization until a plan acceptable to EPA la written and im plemented: or (3) require that a person cease the PCB activity. Requirements for plana to prevent the discharge of PCB's shall be re quired by rules to be issued by EPA pursuant to 1311 of the Federal Water Pollution Control Act at a later date. V. Baosssrara or Dmroeai. Raouxamaarrs By cbsnfinf the definition of PCB Mixture from a mixture containing BOO ppm or more PCB to one contain ing 50 ppm or more PCB. more PCBcontaminated articles ***** mixtures will require disposal In accordance with (761.10. Among the materials thst will be affected by the change are spill materials, dredge spoils, and mu nicipal sludges with PCS concentra tions between 50 ppm and 500 ppm. t jqiiiH mixtures in 11111 range would have to be incinerated. PCB articles i would have to be incinerated unless the appropriate EPA Regional Administrator determines thst it is in feasible to do so. If there are mineral on transformers contaminated with greater than 50 ppm PCB (as dis cussed above in Section IV-C of this Preamble), the mineral oil would have to be incinerated. VL PCB Acnvmx* Not Autsobxzxd stThuRui* a. msvncmi or csracrroaa PCB's have been used ss the dielec tric fluid in almost all alternating cur rent capacitors manufactured in the United States since the mid-1930's. The manufacture of capacitors is an activity which cannot be considered totally enclosed and Is a major source of PCB releases into the environment. An authorization for the continued manufacture of capacitors is not pro posed. primarily due to the availability of substitutes and the negligible eco- ROOM UOtSTBL VOC O. MO. U0--WDMgSOAT, JIM T, 1*7* DSW 009889 STLCOPCB4001535 24811 nomie impact resulting from the ban on thia manufacturing activity. In ad dition. by the time thia rule is promul gated. companies are expected to have depleted their PCB inventories and completed the conversion to use of non-PCB dielectric fluids in the manu facture of capacitors. The extent of advene economic consequences, if any, probably will be limited to in ventory losses of PCB chemical sub stances. a. activities mvoLvnm dyxs and riGMnrrs By changing the definition of PCB mixture from 500 ppm to 50 ppm. the proposed rule may now affect certain companies and products in the dye and pigment industry. Based on a very small number of testa. Industry repre sentatives have suggested that there may be a problem with PCB contami nation of some pigments. However, the EPA has Insufficient data to reach any conclusions in this regard. Comments and data are requested on: (1) The technical and economic effects of the rule on thia industry; (2) the specific processes and products Chat would be affected: (3) methods for reducing PCB levels in the affected products; (4) quantity of contaminated waste that will have to be disposed of; (5) plans and lead times for implementing new technology; and (6) the economic costs of possible alternatives to the present proposal. Should it be deter mined. in the. course of the rulemak ing. that the dye and pigment industry would need an authorization to contin ue its operations and it is also deter mined that granting such an authori zation would not present an unreason able risk to health or the environment, such an authorization may be granted in the final rule. VTI. Mawutactukihq, Processing, oh Distribution in Commerce ok PCBS for Extort Section 12(a) of TSCA states that no part of TSCA shall apply to the manu facture, processing, or distribution in commerce of a chemical intended solely for export from the United Stales. However, if the Administrator finds that the manufacture, process ing, or distribution in commerce of a chemical for export presents an unrea sonable risk to health or the environ ment in the United States, those activ ities may be regulated as well. It is the clear Intent of TSCA to minimize the addition of PCBs to the environment of the United States. The extreme persistence of this chemical can lead to long term, long distance transport, and there Is existing evi dence of PCB contamination far from any source of PCB's. EPA has deter mined that the manufacture, process ing. or distribution In commerce of PCB's for export constitutes an unrea- sonabie risk to health sad the environ ment in the United States. Therefore. EPA is proposing to prohibit: (1) The non-totaily enclosed manufacture, pro cessing, and distribution in commerce of PCB's for export as of the effective date of thia rule: (2) any manufacture of PCB's for export after January 1. 1979; and (3) any processing or distri bution in commerce of PCB's for export after July 1. 1979. EPA knows of no non-totaily enclosed activities for export which could be deemed to pose reasonable risks to health and the environment of the United States and. therefore, has proposed no excep tions to this finding. Section 12(b)(2) of TSCA requires any person who exports or Intends to export a chemical substance or mix ture for which a rule has been pro posed under } 8 to notify the Adminis trator of such export or Intent to export. Guidelines with respect to this requirement for such persons can be found in another part of thia Issue of the Pxdehai. Racism. . VHL Summary or Economic Consbouxncxs Section 6(e)-of TSCA bans the man ufacture. processing, distribution and use of PCB's except as authorized or exempted by the Administrator of EPA. These authorizations and ex emptions, however, are discretionary and can he granted only upon a find ing that a particular PCB activity does not pose an unreasonable risk to health or the environment. The impacts of both the statute and the regulation have been assessed and are discussed below. Additional infor mation on these impacts is contained in Microeconomic Impact! of the PCB Ban Regulation (EPA 580/8-77-0351) which can be obtained from the Indus try Assistance Office of the Office of Toxic Substances upon request (see the beginning of this Preamble for the address and telephone number). a. impact op thx statu is EPA believes it was the clear intent of Congress, as expressed In the legis lative history, that the manufacture of PCB chemical substance should cease. Since no more PCB chemical sub stance will be made, it followa that there can be no future manufacturing of PCB transformers or capacitors. Consequently, the costa attributed to the cessation of the manufacture of PCB chemical substance, PCB trans formers. and PCB capacitors are con sidered impacts of the statute, not of the regulation. These costs Include $15-820 million per year in increased capacitor costs that will be borne by utility and indus trial users. This results from an across-the-board increase in capacitor prices of 10-20 percent due to the higher costs of PCB substitutes. This cost wffl wwHin indefinitely, unless the oast of these substitutes falls due to some unforeseen reason. Purchasers of non-PCB transformers will incur increased casts of up to $10 million per year, depending on the particular substitute dielectric fluid se lected. This cost will also continue in definitely. These increased costs of transform ers and capacitors will be passed on through s minim*! im 11 nf in the cast of electricity to consumer and indus trial users. B. IMPACT OP TBX BULX Hie greater portion of the cost of the rule will be incurred by uwneis of mineral oil transformers which are contaminated wtth PCB concentra tions of 50 ppm to 500 ppm. EPA esli- matesthat tMtinf these transformers for PCB contamination levels and dis posing of the contaminated PCB fluid will cost between $812 and $769 mil lion over the next 30 to 40 years, or approximately $33 million per year. Them costs are based upon the re quired of the contaminated mineral oQ by high temperature incin eration. However, they could be sub stantially reduced if EPA should decide, based on public comments, to permit a leas costly alterna tive to high temperature Incineration. The ban on rebuilding transformers which rrmtAin dielectric fluid with a 500 ppm or greater PCB concentration will coat the owners of these trans formers approximately $15 million an nually. This cost will continue over a period of 30 years until the transform ers are technologically or economically obsolete. About two thirds of these transformers are owned by commercial and Industrial firms and the remain der by utilities. The impact of this rule with respect to transformers is expect ed to have a negligible effect on the cost of electricity, and no significant impact on non-utility owners; Railroad and transit companies which are affected by this rule will incur total additional operating costs of about $12.4 million over the next three yean. These companies are in fi nancial trouble. However, funding may be available through Federal subsidies. The increased costs associated with the phase out of PCB mining equip ment will total $3 million over the next three years. These costs are not expected to significantly affect the equipment owners. Also, the phase out of this equipment over the next three yean is expected to cause no disrup tion of coal production. Since very litle is known about sever al uses of PCB's, an estimate of the total cost of complying wtth the pro posed rule Is difficult to make with re spect to these uses. For example, the number of hydraulic die casting ma chines in operation, the volume of maui UOtSTOU VOL 43, NO. 110--WKNUBAY. JUM 7, 197$ DSW 009890 STLCOPCB4001536 24812 PCB hydraulic fluid contfUncd In these machine*, and the extent of PCB contamination of this fluid is cur rently unknown. The initial coat of the regulation will be about <10 per gallon of capacity for each die casting ma chine. This would imply a cost of about $10,000 for a 1.000 gallon ma chine. Costs in later yean would be significantly lower depending upon the contamination present in each ma chine. and the type of processing chosen to lower the contamination. An EPA contractor estimates that there may be several thousand contaminat ed machines In use. Thus, total coats in the few first years are estimated to be at least $10 million. Comments and data are requested on the economic impact of the proposed rule and of any suggested alternatives to the pro posal There are additional heat trans fer systems and non-die-castlng hy draulic systems that may be contami nated with PCB's. This rule would not authorize the use of such systems con taminated above SO ppm. The number and location of such systems is un known. Comments and data are re quested on the number of such sys tems contaminated above 50 ppm. and the economic impact both of the exist ing prohibition and of complying with the propceed authorization for hy draulic systems if it were to be ex tended to these systems. The presence of PCB's (in excess of 50 ppm) in certain blue tnd yellow pig ments has been detected, but little is known concerning PCB concentration in these pigments or the extent of that contamination. Process refine ments costing the industry about $500,000 are expected to be sufficient to control PCB contamination in blue pigments. It Is not currently known, however, whether similar steps can be taken to reduce PCB contamination In the yellow pigments. of which annual sales are around <53 million. If this problem cannot be solved and the rule is not altered, there may be a signifi cant impact on this industry. Com ments and data are requested on the extent of PCB contamination, the eco nomic impact of the proposed rule and of any suggested alternatives to the proposal The effect of the regulation on users of waste oil for road oiling may be sub stantial. although it is difficult to quantify. It is estimated that 300,000.000 gallons of waste oil are ap plied to roads every year. The high cost of testing this oil may mean that it will be economically infeasible under this rule to use waste oil for road oiling in the future. The use of poible substitute dust control agenta such as virgin oil or synthetic substi tutes. could cost users as much as <100 million per year. However, this coat as sumes that the substitute is applied at the same rate as is waste oil to achieve the same benefit. It is likely that this substantially overstates the cost be cause many people will cut back or road oiling as a result of the higher cost of substitutes. The cost of the rule will be borne in two ways: (1) Higher prices paid for road oil prod ucts; and (2) benefit forgone by those who will no longer oil roads as a result of higher costs. Comments and data are requested on the economic impact of the proposed rule and of any sug gested alternatives to the proposal. Approximately 200 electromagnets containing PCB's may currently be in use. This regulation would not autho rize the use of these electromagnets. The absence of such an authorization may coat owners of these electromag nets about <4 minim to replace them. Most of the costs discussed above result from requirements that are part of the proposed authorizations to permit continued use of mixtures, arti cles and equipment containing PCB's in a manner protective of health and environment. If these proposed au thorizations are not promulgated, the cost and economic impact on the af fected industries could be considerably greater than the costa discussed above. IX Erreuirts Pact It Is the intent of EPA to make the final version of this proposed rule ef fective thirty days after the date of publication in the Fzbolu. Rxgxstxx. Promulgation of this regulation is not expected before October 1. 1978. Dated: May 30. 1978. Douglas M. Cosnx. Administrator. OmciAL Racoao or RutnumcPloroeiD PCB `BAIT' Rxgulattohi' Section 19(sX3) of TSCA defines the term "rulemaking record" for pur poses of Judicial review as follows: "(A) The rule being reviewed under this section: (B) In the esse of s rule under section 4<s). the finding required by- such section, in the esse of s rule under section 5<bX4). the nndins required by such section, in the esse of s rule under section 6<s) the finding re quired by section Mf) or s). si the esse may be. in the case of s rule under section Ka>. the statement required by section Mcxl). tnd in the cast of s rule under sec tion Me), the findings required by para graph 2(B) or 3(B) of such section, is the case may be: (C) Any transcript required to be made of oral presentations made In proceedings for tbs promulgation of such nils: (D> Any written submission of Interested parties respecting the promulgation of such rule, and (X) Any other Information which the Ad ministrator considers to be relevant to such 'Polychlorinated Biphenyls sr-eing and Disposal Official Recosd of Rulemaking Is considered as part of tbs record of this rule- rule and which the Administrator identi fied. oo or before tbs date of tbs promulga tion of such rule, tn a oottea < tn the Pipesat Rjuisisa.'' In accordance with the requirements of section 19(aX3XE) quoted above. EPA is publishing the following list of documents constituting the record of this proposed rulemaking. A supple mentary list or lists may be published any time on or before the date the final rule Is Issued. However, no snrh list will include public comments, the transcript of the rulemaking hearing, or submissions made at the rulemak ing hearing or in connection with it. These documents are exempt from Fdoul Racism listing under section 19(aX3>. A full list of these materials will be available on request from the Record and Hearing Clerk. Burros* Doetnuma USXPA. OTS. PCB Maau/octunng, Procetttna, Distribution in Comment and Urn-Ban Regainflon--Propossd Action-- Support Document. Public comment*, date of comment* Air Conditioning and Refrigeration Insti tute. July IS. 1977. Australia. Department of Environment. Housing tnd Community Development. October 20. 1977. Brown Co. July 13.1977. CattelL Holly. September 21.1977. DePaul University. October 13.1977. Dry Color Manufacturers' Association. Oc tober 21.1977. General Electric Co, May 25, 1977. General Motors Corp, July IS. 1977. amain. Anita. September 23. 1977. Tennessee Valley Authority (TVA). July 15, 1977. Termemee Valley Authority (TVA). July 25. 1977. W3 Water A Waate Water Systems. July 28. 1977. Pvaua.Y Axwocwcn Mubxpqs os Hrtirsoi rustic runarmn merino jolt is. i*vt It FR JtSSS. June 27. 1977. "Open Public Meeting: .ViHntatlrw of Comments." Per July IS. 1977. Washington. D.C. and July 19. 1977 in Chicago, m. USEPA. Transcript of Proceeding* Public Meeting on the Ban at PotgeAlorinated BipAenyl*. Washington. D.C, July IS, 1977. USEPA. TrsasertpC at Proceedings in the Special Meeting at US. Environmental Pro tection Agency; Region 7-CRicega; fit, July 19.1978. aacnam soaiuvnu at txx jolt is. ish aarnn Statement on Rctrq/Uing Made at Public Meeting on the Implementation at the Envi ronmental Prolection Agency's Proposed PCB Ban. July 19, 1977. Daw Coming Corp. Presentation to Environmental protection Agency. Public Meetiag-July If. tirr. Joy Manufacturers. ZAft of Speakers. Ust of EPA Paael Members for PCB Meeting. OnmlmDuim orm'ibauiwnm'imai it nt tstu. December 30. 1977. "Policy far Tmuleiiiiiiifalligi of Section eX2> of the mui noma, voc es, no. hi wwibat, jum j, mt DSW 009891 Noraso tuns 24813 Toxic -- Control Art (T8CA) tor USEPA. Trmnecrtpt of ,Pmmedians USA Polycblortnatad Biphenyls (PCB's).' Environmental Protection Agency. In the OHMU IXMIB EP1 rUTXKXam matter of; Toxic Pollutant Effluent Standorde Docket No. L Arlington. Va May. 9. USEPA. Rto TV. New* relasw re Ptobinc in lake Hartwell sad Twolrc Mile Creek in Pickens Co- South rmium September 1974. USEPA. Trpnecrtyt of Profeedings USA Environmental Protection Agency, fa the 10. 1979. matter aft Toxic PnUutant Effluent Stand USEPA. Statement* of the Honorable ards. Docket No. 1 PWPCA (3071. Arlington. Ruaeeil X. Tram. Admin.. CPA Before the Ta, Thuraday, May 9.1974. Subcommittee on nehartm and WUdllfe USEPA. Tin*scrip* of Pmmsdlsga US4 Conoerratioo and the Environment Commit* Environmental Protection Agency. In the tee on Merchant Marine and Ptabarlaa. matter aft Toxic Pollutant Effluent Stand Houae of Repreeentailvea. January 2*. 1979. ards. Docket No. L PWPCA (307). Arlington. UUCPA. Remark* by the Honorable Rue- Va. Monday. May 20.1974. sell L Tram. Admin. nmm Prepared Westtnghouae Eleetrte Corp. Propaml to: tor Delivery at the National Conference on The Department of Transportation FtetrafiBr PCB's. Chicago. nL. Wadneaday. November ing of Railway Transformers, n-->' 21. 19, 1979. 10 ant E8T Environmental Prolac 1977. tin RX1or PaMle Health. Undated. Wltco Chemical. Oolden Bear Dtvlaian. USEPA. News Release. Waptamhor 14. Cohem Dust Retardant Agent 197& World Health Organisation. Environmen ' Conmnncanon tal Health Criteria L Potychlorinated Bi phenyls and ftrphensls. Oenrra, 1079. Intracovemmental memoranda, and other correspondence. Other letter*. Rxfoxt* letter*, In addition, all reports and artlclaa referenced in the USEPA OTS Sup port Document Voluntary Draft ELS are Included In the Official Record. Blonomic* Aquatic Toxicology labora The record for the section 307 Water tory. Fathead Minnow Zoo and Pry Study, Effluent Standard* for PCB's may be Summary Only. Aucuct 29,1977. Dow Cominf Corn. Removal of PCS Prom Dene Coming HI Silicone Transformer Liguid by Charcoal Filtration. Undated. General Electric Co. Silicone la TVons/ornery Presented to the Environmental examined by the public at the Office of Hearing Clerk. Roam 3708A. Envi ronmental Protection Agency, 401 M Street SW,, Washington. D.C. 30400. Pursuant to the Toxic Substances Protection Agency. September 9,1977. Control Act (sec*. 6. 8 and IX (15 McGraw HUL "PCB's spread by waste-oQ U.S.C. 2605. 2607, 2911)). the following use?" Chemical Week. January 29, 1979. p. amendments to 40 CTR Chapter L 19. Monsanto. "Monsanto to Shutdown PCB Part 761 are proposed. Unit. Exit Bubnesa by October 31. 1977.' New*. Undated. National Electric Manufacturer* Associ 1. Section 761.1 Is amended by revis ation. Trant/ormer Dielectric Fluid Study ing paragraphs (a), (b). and (c) to read Working Groan. October 18.1977. National Swedish Environmental Protec as follows tion Board. PCB Conference II Stockholm. December 14. 1972.____ } 761.1 Applicability Peakall. D. B. "PCB'i and Their Environ (a) This part establishes prohibitions mental Effects.'' CRC. Critical Renew* in of, and requirements for. the manufac Environmental Control. September 1979. University of Wisconsin Sea Orant Col lege. "ABC's of PCB's." Public Information Report WTS SG 79-129. University of Wisconsin Sea Grant Collete Protein. Institute for Environmental ture for commercial purposes, process ing for commercial purposes, distribu tion in commerce, use. disposal, stor age. and marking of polychlorinated biphenyls (PCBs). Studies. "PCB's and the FDA." Earthiealch/ ' (b) This part applies to all persons Wisconsin. Part I. May 8. 1977. Part 1L May 13. 1977. , USDHEW. Final Report of the Sttbeom-' mittee on the Health Effects of Polychlorin ated Biphenyls. July 1979. US-DOC, Maritime Administration Chemical Waste Incinerator Ship Prelect. Final Environmental Impact Statement who manufacture, process, distribute in commerce, use. or dispose of PCBs. Persons who manufacture, process, distribute in commerce, or use small quantities of PCBs solely for purposes of research and development are exempted from the requirements of Volume 1 of 2. '--Subpart DT ^ USDOT. Transportation Systems Center. Evaluation of Silicone Fluid for Replace ment of PCB Coolant! in Railway Industry. Westlnchouse Oectric Corp. July 1977. USEPA. Environmental Research Labora tory Office of Research 6 Development. (c) The basic requirements apptfl-^ ble to disposal and marking of PCBs are set forth in Subpart B--Disposal of PCBs and Subpart C--Marking of PCBa. Prohibitions applicable to PCB Polychlorobiphenylt in Precipitation in the activities are set-forth in Subpart D-- Lake Michigan Batin. Draft. Undated. Manufacture. Processing, Distribution USEPA. OPM. Microeconomic Impact! of the Draft PCB "Ban" Regulation. April 1979. Venar. USEPA. OTS. Development of a Study Plan for Definition of PCBs Usage, Wastes and Potential Subititution in the Invest ment Catting Induitry. Tatk IIL January in Commerce, and Use of PCBs. Sub part D also includes authorizations from the prohibitions. The Annexes in Subpart E set out the specific require ments for disposal and marking of PCBs pursuant to 1761.10 and 1761JO 1976. Venar. EPA 990/9-79-007. and for the contingency plan for PCB spills pursuant to 1761JL Definitions of terms used in all of, these sections are is Bobpart A. 2. In |76U paragraphs (q) and (w) are revised, and paragraphs (bb) through (11) are added as follows: f 7(1-2 fTMlaltlaw* (q) "PCB" and "PCBs" mean the fol lowing: "PCB Chemical Substance'. "PCB Mixture", "PCB Article". "PCB Sealant, ran.T & Dust Control Agent', "PCB Equipment", and "PCB Container". (w) "PCB Mixture" means any com bination of chemical substances which contains 50 ppm (0.0060 percent on a dry weight bads) or greater of a PCB chcnicil n<i my mwihiwa. don of ehwmeimi matinmi which con tains less than 50 ppm PCB chemical substance because of any dilution of a mixture containing 90 ppm or greater PCB chemical substance. This defini tion Includes, but is not uvwifH to, di electric fluid and sol vents, oils, waste oils, beat transfer fluids, other chemicals, rags, soO. paints, debris, sludge, slurries, dredge spoils, and materials contaminated as a result of spills. ** (bb) "Manufacture 'for Commercial Purpose* " means to manufacture: (1) For distribution in commerce, in cluding for test marketing purposes, or (2) Pot use by the manufacturer, in cluding for uae as a chemical precur sor. (cc) "PCB Sealant. Coating, or Dust Control Agent" means any sealant, coating, of dust control agent that is made from any waste oQ that contains any detectable amount of a PCB chemical substance less than 50 ppm (0.0050 percent on a dry weight basis). Any sealant, coating, or dust control agent that contains 50 ppm or greater of PCB is considered a PCB mixture. (dd) "Process 'for Commercial Pur pose* " means to process: (1) For distribution in commerce, in cluding for test marketing purposes, or (2) For use ta a chemical precursor. (ee) "Sale for Purposes Other than Resale" means sale of PCBs for pur poses of research and development, for purposes of disposal, and for purposes of use. PCB equipment which Is leased before July 1. 1979, for a period of no less than one year will be considered sold for purposes of resale. The sale will be considered to have occurred as of the date of the signing of the lease. Sale for purposes of use does not in clude sale for distribution in com merce. Sale for any other purpose is not sale for purposes other than resale. nttAl UflUTU. VOL 43, NO. 110--W6DMSBAY, AM 7, 1976 DSW 009892 STLCOPCB4001538 24814 (If) "Significant Exposure" means Mas exposure of human or tbs environment to PCB chemical sub stance or PCB mixture as meiaured or , detected by any scientifically accept able analytical method. (gg) "Small Quantities lor Research i and Development" means any quantl- , ty of PCB chemical substance or PCB : mixture which is originally parsaged 1 in one or more hermetically sealed 1 containers of a volume of no more , than live (9.0) milliliters and which Is : manufactured or processed only for purposes of scientific experimentation or analysis or chemical research on. or analysis of. PCBs, including research i or analysis lor the development of a I product. - (hh) "Totally Enclosed Manner" means any manner that will ensure that any exposure of human beings or the environment to PCB chemical sub stance or PCB mixtures will be insig nificant: js, not measurable or de tectable by any analytical method. (ii) "Waste Oil" means waste prod ucts primarily derived from petroleum, which Include, but are not limited to. fuel oils, motor oils, gear oils, cutting oils, transmission fluids, hydraulic fluids, and dielectric fluids. t*e--g WingWW 3. Section 79X10(cXl) is revised to read as follows: { 7*1.10 Disposal requirement*. (c> (1) PCB Transformers, (I) Any PCB transformers which contain dielectric fluid whose PCB concentration is 500 ppm or greater shall be disposed of is accordance with either of the follow ing: (A) In an incinerator which complies with Annex I: or (B) in a chemical waste landfill which complies with Annex It Pro vided. the transformer Is first drained of all free flowing liquid, filled with solvent, allowed to stand for at least 18 hours, and then drained thorough ly. PCB mixtures which are removed shall be disposed of in accordance with paragraphs (a) and (b) of this section. (ii) Any PCB transformer which con tains dielectric fluid whose PCB con centration is less than 500 ppm but equal to or greater than 50 ppm PCB shall be disposed of in any manner, provided: (A) the transformer is first drained of all free flowing liquid: and (B) any dielectric fluid, except that disposed of in accordance with para graph (b) of this section, shall be tested for PCB concentration and that information and data kept as a part of the records required by Annex VX Di electric fluid which contains 50 ppm or greater PCB shall he dlspoeed of in ac cordance with paragraph (b) of this section. This paragraph (cXlXil) does no* apply to any transformer manu factured after January X 1979. wept C MwMseeMCfc 4. Section 79X20(aXlXl and (ax3XD are revised to read as follows: f7SU* Maying nqeirwisN. (a) (1>* (11) PCB transformers at the time of manufacture, at the time of distribu tion in commerce if not already la beled. and at the time of removal from uae If not already labeled. PCB trans formers containing dielectric fluid with a PCB ->'--"<! substance con centration lesa than 500 ppm but greater than or equal to 50 ppm (on a dry weight basis) are not required to be labeled. O) (1) all transformers not marked under paragraph (axi) of this section except for those PCB transformers that contain dielectric fluid with a PCB concentration less than 500 ppm PCB chemical substance (0.05 percent on a dry weight basis) sre not required to be marked. 5. Subpart D is added as follows: 761.30 Prohibition*. 761.31 Authorizations. 76X32 Exemption* (Beaerredl. - Aorwoanr__Sac*. 8. t sad 12. Toxic Substanem Control Act. 15 OB.C 2SOS. 3807, 2811. liApit 0 M--nfatmriM. WitribeW** tm Cammttm, mat Ih* *8 Ngl 17IUI Prohibition*. Except as provided tn } 751.10 or as authorized in {791.31, the activities listed in paragraphs (a). (b>. and (c) of thi* section are prohibited pursuant to {9(e) of TSCA. In addition, the Ad ministrator hereby finds, under the authority of section 12(a) of TSCA. that the manufacture, processing, and distribution in commerce of PCB*s for export from the United States pre sents an unreasonable risk of injury to health within the United States and to the environment of the United States. This finding is based upon the well do cumented human health and environ mental hazard of PCB exposure, the high probability of human and envi ronmental exposure from PCB manu facturing. processing, or distributing in commerce, the potential hazard of PCB exposure posed by the transpor tation of PCBs within the United States, and the evidence that FOB'S contaminate the environment far from where they are used. In addition, the distribution In w amt use (except servicing) of any non leaking PCB tranaformer (except those used in railroad locomotives or self-propelled can) or capacitor is a- tidered to be distribution in commerce and nee In a totally endoaed manner. (a) No person may manufacture for commercial purposes, process far com mercial purposes, distribute in com merce. or use any PCB in any manner other then In a totally enclosed mm* within the United States or manufacture, pm ram, or distribute in commerce any PCB In any manner other than in a totally enclosed manner for export from the United States. (h) Effective January 1. 1979. no person may manufacture for commer cial purposes any PCB for use within the United States or for export from the United States. (c) Effective July X 1979. no person may process for commercial purposes or distribute in commerce any PCB for use within the United States or for export from the United Stairs. with the following exceptions: (1) PCB's sold before July X 1979. for purposes other than resale may be ^ distributed in commerce only in a to tally enclosed after that date. (2) PCB's sold after July X 1979. for purposes of disposal in accordance with the requirement* of f 79X10 may be processed for commercial purposes for 1 and distributed in com- 1791.31 Astborbadoaa. The following nontotally enclosed PCB activities are authorised pursuant to see: 9(eX3XB) of TSCA: (a) Transformers--Uae (servicing). PCB transformera not used tn railroad locomotives or self-propelled can may be serviced and the amodsted dielec tric fluid may be serviced in a manner other than a totally enclosed manner until five yean after the effective date of this rule subject to the following conditions: (1) Servicing - may be performed except servicing which requires that the transformer coil be removed from the transformer rmilTig The coils may be removed from those PCB transformen whose dielectric fluid contains leas th*w 500 ppm PCB chemical sub stance (0.05 percent on a dry weight basis). (3) Each person who services a PCB transformer shall develop and Imple ment a plan for the control of PCB ex posures and contalmlnatlon tn accord ance with Annex VTL Any PCB chemi cal substance or PCB mixture which is used to service or repair a PCB trans former h*n be stored in accordance RBOAL IMatB, VOX 43. NO. 110--WfBimAT, AM 7, IW DSW 009893 STLCOPCB4001539 24815 with the storage for disposal require ments of Annex III. (b> Transformers--Distribution in Commerce and Processing. Persona who sendee PCB transformers owned b; others may distribute in commerce and process PCB dielectric <luid in a manner other than a totally enclosed manner only for the purpose of servic ing existing PCB transformers until July I. 1979. subject to the following conditions: (1) Ninety days after the effective date of this rule, each persons who services PCB transformers owned by others with PCB dielectric fluid shall report to SPA his business address and the person to whom Inquires should be directed. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN-342). Envi ronmental Protection Agency. 401 M Street SW,, Washington. D.C. 20460. person who services PCB trans formers owned by others with PCB di electric fluid shall keep a current record of tis Inventory of PCB dielec tric fluid, the serial number and owner of each PCB transformer serviced with PCB's, the date each PCB transformer is serviced with PCB's. and the nature of the servicing performed with PCB's. At its discretion. EPA may require a person who services PCB transformers owned by others with PCB dielectric fluid to submit a copy of his current record. (2) Each report submitted to EPA shall contain the following certifica tion: I understand that I may users a claim of buimca confidentiality my marfcttit any part of all of this information u "TSCA Confidential Buiineu Information" and that Information so marked wtu not be dis closed except in accordance with the proce dures set forth in 40 CFR Part 2. I further understand that if I do not mark this infor mation as confidential. EPA may dlacloae it publicly without providing me notice of an opportunity to object. I certify that to the best of my knowledge the contents of this report are accurate and complete. Date ----------------- Signed -------------------------------------------------------------- Position Title------------------------------------------ The statement and certification above must be signed by the chief ex ecutive officer of the reporting organi zation or his designee. (3) Each person who services PCB transformers owned by others with PCB dielectric fluid shall develop and implement a plan for the control of PCB exposures and contamination In accordance with Annex VII. Any PCB chemical substance or PCB mixture which Is used to service or repair a PCB transformer shall be stored in ac cordance with the storage for dlvpoaal requirements of Annex in. Nom--Persons who own and who service their own PCB transformers with PCB dielectric fluids are consid ered to be using the PCB dielectric fluid and are therefore covered under the authorisation In paragraph (a). Persons who service PCB tiansformen owned by others with PCB dielectric fluid are considered to be distributing that fluid tn commerce mice they are viitnw that dielectric fluid to the transformer owner and therefore are subject to paragraph (bk Such persons must petition yearly for an exemption. If servicing of m PCB transformer by a nonowner involved the use of a nonPCB dielectric fluid <e.g-. topping-off with a non-PCB fluid), that servicing Is a use covered under paragraph <a). (c) Railroad Tranaformars--Ota (1) Transformers containing PCB mix tures may be used in a manner other than a totally enclosed manner tn rail road locomotives and self-propelled can (referred to as "railroad trans formers") until five yean after the ef fective date of this rule subject to the following conditions: (i) Fifteen months after the effective date of this rule, no railroad trans former may contain dielectric fluid whose concentration of PCB chemical substance exceeds 40,000 ppm (four percent on a dry weight basis). <li) Three yean after the effective date of this role no railroad trans former may contain dielectric fluid whose concentration of PCB chemical substance exceeds 1,000 ppm (0.10 per cent on a dry weight basis). till) The concentration of PCB's is the dielectric fluid contained in rail road transformers shall be measured: (A) Immediately upon completion of any authorized servicing of a PCB transformer intended to reduce the PCB concentration in the dielectric fluid in the transformer, and (B) Between 12 and 24 months after each servicing conducted in accord ance with paragraph (otiUKA) of this section. (iv) Ninety days after the effective date of this rule each person who owns a railroad transformer shall report to EPA. and retain records of. the number of PCB railroad transformers which he owns and the liquid volume of each railroad transformer. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN-342). Environmental Pro tection Agency, 401 M Street SW,, Washington. D.C. 20460. Each person shall also keep a current record of the dates and nature of each servicing of each PCB transformer and the meas ured concentration of PCB in each transformer as required by paragraph (c x l x ill) of this section. At its discre: tion. EPA may require a person who owns a railroad transformer to submit a copy of his current record. <v) Ninety days after the effective date of this rule each person who ser vices PCB transformers owned by others with PCB dielectric fluid shall report to EPA his business address and the person to whom inquiries should be directed. This report shall be sent to the Prstirirtes sod Toxic Substances Enforcement Division (EN-342). Envi ronmental Protection Agency. 461 M Street SW,, Washington. D.C. 20460. Each person who services PCB trans formers owned by others with PCB di electric fluid shall keep a current record of his Inventory of PCB dielec tric fluid, the serial number and owner of each PCB transformer serviced with PCB's, the date each PCB transformer is serviced with PCB's, and the nature of the servicing performed with PCB's. At its dlsowtion. EPA may require a persoh who services PCB transformers owned by others with PCB dielectric fluid to submit a copy of his current record. (vl) Each report submitted to EPA under paragraphs (eXl) <lv) and (v) of this section shall contain the certifica tion found tn |761Jl(bX2). (vil) Each person who uses or ser vices a PCB railroad transformer shall develop and implement a plan for the control of PCB exposures and con tamination in accordance with Annex 7TL Any PCB chetndal substance or PCB mixture which is used to service or repair a PCB railroad transformer shall be stored in accordance with the storage for disposal requirements of Annex IIL (2)Railroad transformers containing PCB mixtures may be serviced and be ginning 15 months after the effective date of this rule shall be serviced sub: ject to the conditions of paragraph (cXl) of this section, in the following manner: (I) If a railroad transformer is drained, flushed, or refilled. non-PCB dielectric fluid shall be used for refill ing uniwn the original fluid has been processed in accordance with para graph (cXIXli) of this section after its removal from the transformer. PCB fluids shall be disposed of in accord ance with the requirements of 761.10. (II) Filtration through activated carbon or any other method may be used for the purpose of reducing resid ual PCB concentrations in railroad transformer dielectric fluid. (ill) Railroad transformers may be rebuilt or serviced using only non-PCB dielectric fluid. (d) Mining equipment-use. Continu ous miner-type and loader-type mining equipment containing PCB motors may be used and these motors toppedoff with PCB fluid In the field In a nontotally enclosed manner until De cember 31. 1961. subject to the follow ing conditions: (1) PCB motors tn loader-type equip ment shall be rebuilt as sir-cooled motors or replaced with non-PCB motors at the time the motor is re turned to a service shop for servicing. KDttAi IHUTa VOL 43. MO. M-W0HtlBAT. jUM 7, 1V7S DSM 009894 STLCOPCB4001540 24816 The reboot motor* uj not within any PCBa. (2) PCS motor* In continuous miner- type equtpmeit may not be rebuilt aa PCB moton after 12 mnntha after the effective date of thia rate. (3) Ninety days after the effect!re (hue of thia rule each person who owns PCB mining equipment shall report to EPA. and retain records of. the type and quantity of equipment oonel con taining PCB motors, the aerial number of each PCB motor, the number of PCB motor* in hia inventory, and the amount of PCS heat tranafer fluid In his Inventory. This report shall be sent to the Pesticides and Toxic Sub stances Enforcement Division GEN- 342). Environmental Protection Agency. 401 M Street SW,, Washing ton. D.C. 20440. Each person who owns PCB tniwinf equipment shall also keep a current record of the date that each PCB motor la rebuilt as an air-cooled motor. If any of the PCB mining equipment la sold, the transaction and the parties thereto shall be reported to EPA by the teller. At its discretion. EPA may require a person who owns PCB equipment to submit a copy of hia current record. (4) Each report submitted to EPA under paragraph <dX3) of this section shall contain the certification found In } 74L31(bX2). (5) Each person who uses or service! PCB mining equipment shall develop and Implement a plan far the control of PCB exposures and contamination in accordance with annex VTL Any PCB chemical substance or PCB mix ture which la used to service or repair PCB mining equipment shall be stored in accordance with the storage for dis posal requirements of annex HL (e) Mining equipment--Distribution in commerce and processing. Persons who service continuous miners motors owned by others which contain PCB fluid may distribute in commerce and process PCB fluid in a manner other than a totally enclosed manner only for the purpose of servicing these con tinuous miner motors until July l. 1979. subject to the following condi tions: (1) Ninety days after the effective date of this rule each person who ser vices continuous miner moton owned by others with PCB fluid shall report to EPA his business address and the person to whom inquiries should be di rected. This report shall be sent to the Pesticides and Toxic Substances En forcement Division (EN-342), Environ mental Protection Agency, . 401 M Street SW,, Washington, D.C. 20440. Each person who services continuous miner moton owned by othen with PCB fluid shall keep a current record of his inventory of PCB fluid, the serial number and owner of each con tinuous miner motor serviced, the date each continuous miner motor is ser viced. and tbm nature of the aervidng performed. At its dlaaetion. EPA may lequire a penou who su rtcee cantina- ous miner moton owned by othen with PCB fluid to submit a copy at hie cmlent record. ___ (2) Each repot snhmtttcri to EPA under paragraph (eXl) of this aectirm shall contain the certifiesnon found ta 1761Jl(bX2). (3) Each peraon who aervicea con tinuous miner moton owned by othen with PCB fluid shall develop and Im plement a plan for the control of PCB expoeuree and contamination in sc- cordaace with annex VTL Any PCS chemical snhetanre at PCS mixture which Is used to service or repair con tinuous miner moton shall be stored In accordance with the storage for die- poael requirements of annex m. Not*.--Persona who sula (wwtlnaw else moton owned by Mkm wtth PCB fluid are emlderod to bo dntilbuUug that fluid In cnniuoroe dace they ere setting that fluid to the eonttnuoua miner owner and therefore ere euhiect to paragraph (el. Such persona must petttJen for an eiempUnei to eoeitiuna thia eeUvtty after June 30, ITT*. (A Hydraulic die casting ayeteum use. (1) Hydraulic die casting systems i-rmtainief pcB mixtures may be ueed and serviced In a manner other than a nT enclosed manner until flvw yean after the effective date of this rule subject to the fallowing condi tions: (I) Each peraon who owns a hydrau lic die casting system which ever con tained PCB hydraulic fluid shall teat far the concentration of PCB'a m the hydraulic fluid no later than 90 days after the effective date of this rale and at S-month intervals or leaa begin ning 1 year after the effective date at this rale. If a system's fluid contains greater than 90 ppm PCB chemical substance (0.0080 percent on a dry weight basis), the system shall be drained of the PCB mixture and re filled with non-PCB fluid or with fluid containing leaa than 90 ppm PCB within 1 year of the effective date of this rale and within 10 dan after any subsequent test of the PCB concentra tion of the fluid which shows the PCB concentration equals or exceeds 90 ppm. PCB mixtures ahail be disposed of in accordance with the require ments of 1741.10. (II) The requirements of paragraph (fXlXi) may be discontinued for a par ticular system after two consecutive tests of samples taken no lees than 3 months apart show that the PCB con centration In that system is leaa than 90 ppm. If It la subsequently deter mined that the PCB concentration in such a system exceeds 90 ppm. that system shall then be subject to the re quirements of paragraph (fXlXi) of this section until the PCB concentra tion is reduced to below 90 ppm for two consecutive tests of samples taken no leas than three months apart. (iU) Ninety days after the effective fete at this rale each pesaon who owns a hydraulic die system that ever cnntaliwrt a PCB mixture shall report to IPA and ratahi records of. the number at symeme he owns cco- taining PCB mixtures, the type at each system, and the PCB concentzn- tion at the hydraulic fluid contained In each system. This report shall be sent to the Bestlcidoe and Toxic 8uh- atancaa Enforcement Division (EN- 342), Environmental Protection Agency. 401 M Street SW,, Washing ton. D.C. 30400. Smb person who owna a hydraulic die casting system that a PCS mixture shall alao keep a cmrqit record of the dates of Mfih draining or raflDtag ***** tbs. measured PCB ooncttratlon of the hydraulic fluid hi the reSDed system on those dates far each system. If any system is mid, the transaction and the parties thereto ahail be reported to EPA by the seller. At its discretion. EPA may require thy sutmissioa of a copy of a person's current record. (hr) Each report submitted to EPA under paragraph (fXlXlll) of this sec tion shall the found In 178Ul(bX2). (v) Each peraon who owns a hydrau- He die reeling system that contains a PCS mixture or who services systona or fluid that contain PCBa shall dereK" op and implement a plan for the con trol of PCB exposure and contamina tion m accordance with annex VTL Any PCB chemical substance or PCB mixture which is stored for use or ser- Tichig shall be stored In accordance with the storage far dlapneal requlre- ments of annex IXL - (2) Hydraulic die railing systems <**** PCB mixtures may be used and serviced subject to the condi tions in paragraph (fXl) of this sec tion in the following manner ____ (I) Hydraulic fluid containing PCB chemical substance concentrations equal to. or greater than, 90 ppm in die systems may be drained from the system for the purpose of re ducing the PCB concentration or for dhpceal. PCB mixtures shall be dis posed of In accordance with the re quirement* of } 781.10. (II) Hydraulic die easting systems may be flushed and refilled with any fluid that contains leaa than 90 ppm PCB chemical substance. (ill) Hydraulic fluid removed from hydraulic die cMtioy systems that con tains 90 ppm PCB chemical substance, or greater, may be filtered, distilled, or otherwise serviced to reduce the PCB wi substance concentration 90 ppw (g) Carbonless copy paper-uae. Car- boolam copy paper containing PCBa may be used in a manner other than a totally enclosed manner until 9 yean after the effective date of thia rale. OShi 009895 STLCOPCB4001541 24817 8. Subpart 8 i> amended by adding n*T No. VII mnaiaTing of i 76L.48 aa follow*: Aim vn 9 761.44 PCB eqaait aad eoolrai plana. -jw (a) The purpoae of a PCB exposure and contamination control plan (PCB ECCP) la to help lnaure that rtti aa- vxiated with activities either author* ized by or exempted from require ment* of thia regulation are minimal. The plan will require delineation of all stepa and proceaaea involved in an au thorized or exempted activity and will include requirements for notification of proper authorities and basic stepa for response to releases, such as grills, of PCB's. Specifically, each PCB ECC plan shall the following infor mation: (1) A written operations plan that describes step-by-step procedures to be followed in the performance of an au thorized PCB activity. The plan shall be designed in an appropriate style and format to inform and instruct the person expected to be performing the PCB activity. Elements to be Included in the operations plan are: (1) Procedures for assembling and testing equipment and apparatus such as piping, hoses, pumps, valves, fit tings. etc., in a manner that will pre vent failures, leaks. spfDs. or other In cidents that could result In Che release of PCB's from the apparatus (il) Procedures for operating any equipment or apparatus or process tn a manner that will prevent failures, leaks, spills, or other incidents that could result in the release of PCB's. These procedures shall include the use of catch or drip pans and any other devices that will prevent the lam of any PCB's during the operations in eluding such operations as removing pipes or hoses or operating valves or filling containers. Procedures minimiz ing worker exposure to PCB's during all phases of the operation shall be in cluded. (iiii Procedures for preventing any releases of PCB's that occur from fail ures not prevented by paragraphs (axixi) or (ii) of this section from leaving the immediate work area. These procedures shall - Include such steps as controlling drainage systems so that PCB's cannot escape from the drainage controls In the event of a PCB release during the servicing oper ation. These drainage system controls could include provisions such as tem porarily plugging roof drains during PCB servicing operations on tope of buildings or curbing or diking PCB work areas to provide containment of PCB's. In developing these procedures, an analysis shall be made of the routes that a PCB release could follow and the potential environmental risks that PCB contamination of them routes pass. PCB releases that go directly to surface or ground water pom the greatest ittk. followed by immfbent threat to sortace or ground water, land eaatantation In areas where iinnime or significant t popula tions could be exposed, croplands, land and areas that could conWhuts to tig- The oprraMnwa plan should be mp* dally directed to those rituatsona where tbs above analytic shows the hicbatrHk. (2) A response and control plan that itmrrihnrt step-by-step procedures to be followed when a relearn of PCB's occurs at a PCB use or servicing opmation. The plan shall iwimf proce dures for Incidents that range from re leases of PCB's that tre captured tn drtp pens to much greater releasee, each m lam of the entire contents of * PCB transformer with eowe or all of the lam rerantrig the cootroto ifh Uahed In the operations plan. Ele ments to be Included in the rmponse plan are: (1) Procedures for notifying appro priate individuals and organizations of a release of PCB's These procedures shall include the following: (A) The name of the penonfa) re- eremiglMd fAf fltwrtinatjng nOOIlll to PCB Inrlrlmta (designated by tbs ser vicing and/or using organization!. Uahed on a 24-hour per day basts to permit expeditious notifications. (C) The UJ9. Coast Guard National Response Center, telephone No. 800 424-8802. CD) The Regional SPA Emergency Response Center In the region tn which the release occurs. (X) State and local government pol lution control authorities and any ap propriate emergency response centers. (7) Ferros indicated in Dtrunoh UXXX1XA) ot this section shall be sotilled and shall retain records at all re leases of PCB'a AH releasee or dis charges that escape from the immedi ate work area shall be reported to all persons and organizations In pan graphs (aXlKlXAME) of this section. In addition, all reporting requirements of 40 CPR 118, the TSCA 18<e) policy statement for reporting of toxica Inci dents (43 PR 11X10, March 18. 1978). and any other Federal. State, or local reporting requirements must be met. (U) Procedures for controlling, miti gating. and cleaning up any releases of PCB's. Such procedures shall include the following: (A) The location and the proper use of PCB containers for any collected re sidues of PCB chemical substances, mixtures, debris, sorbents, rags, etc. (B) The location of tools, apparatus, and supplies for containing pumping and transferlng. and/or sorbing any PCB's released from any PCB servic ing operations. Such tools, apparatus. and supplies must be - immediately available at the PCB servicing tite. Such apparatus must be sufficient to transfer the liquid contents of a dam aged article, such as a transformer, or a dinaitd ronfitnrr so % hi*, charge or raleaee can be atopped or the imminent risk of a discharge or re- leeee aa be prevented by such a trans fer. Transfers shall he made tn appro priate containers. (C) Prearranged plans far transport ing and <*<po<Tr of any PCB wastes or residues at approved PCB disposal sites. CD) Procedures far removing, con taining. transporting, and of large quantities of soil wwimiwi by a PCB releaae or discharge. (TO Written instructions and a pro gram of direct training on at least a semi-annual basis for all procedures, equipment, apparatus, tools, or sup plies that coaid be expected to be used ta a PCB eipwsuie and contamination control plan. <b) A copy of the CCC plan shall be available in each of the foUowtng loca tions U) With the spill prevention, con trol. and oountermeasure (SPCC) plan as required by 40 CPR ill. (2> In the office for the facility where the servicing Is being performed and with other PCB files at the prlnti- pal office of tbs sarvJdng organisa tion. (3) With each group of employees as they pel form the actltlvles that may result In an exposure or a coutamhm- tiOO (c) No PCB activity authorized by this rule Is permitted unless the PCB 5CC plan bee bem reviewed and certi fied by a ngfatarwil. professional engi neer. The engineer shall attest that the PCB contingency plan has been prepared in accordance with good en gineering practice and that the plan i-nmpH-- with the provisions of para grapha (a) and <b> of this section. However, this certification is not de terminative of the plan's adequacy. At Its discretion. EPA may review the plan or require a person to demon strate that his plan meets the require ments of paragraphs (a) and (b> of this section. If EPA finds that a plan does not conform to good engineering prac tice, or If EPA finds that a person Is not Implementing any provision of the plan. EPA may take any of the follow ing actions: (1) EPA may require that a plan ac ceptable to EPA be written and Imple mented. (2) EPA may suspend a person's PCB authorization until a plan accept able to EPA Is written and Implement ed. (3) EPA may enjoin future conduct which may present an unreasonable risk of a PCB exposure or contamina tion Incident. CPR Doc. 7S-15S3T Piled 4-4-78; 8:46 ami ISOtfBR^VOL 43. NO HI JWBI--AT, JUM 7,1*71 DSW 009896 STLCOPCB4001542 24818 [4S40-01] BtWONMBfTAl PtOTtCIKM AOWCT [M-U TOIK MSTAMCZS 00HIM1 ACT . AGENCY: Environmental Protection Agency. ACTION: Interim procedures. SUMMARY: This policy statement provides preiininary guidance for ex porters of polychlorinated biphenyls (PCB's) and fully chioro- fiuoroalkanes (chlorofluorocarbon*) on how to comply with section 13(bX3) of the Toxic Substances Control Act, 15 C&C. MU. Section 12(bX3) states, in part that any person who exports or intends to export to a foreign coun try a chemical substance or mixture for which a rule haa been proposed or promulgated under section 6 shall notify the Administrator of such ex portation or intent to export, and dir ects the Administrator to furnish the government of that country notice of such rule. DATE This policy is in effect as of June 7,1975. FOR FURTHER INFORMATION CONTACT: Margaret E. Brown. Chemical Infor mation Division. Office of Toxic Substances (TS-793), Environmental Protection Agency. 401 M Street SW,, Washington, D.C. 30400. 303 420-4790. SUPPLEMENTAL INFORMATION: Rules under section of the Toxic 8ufastanees Control Act have been pw mitigated for ettioraflDorocerbons (19 CFR 70E 43 PR 11334. March IT. 1973). and for marling and rthpnml ot PCB's (40 CPR 701: 43 FR 7150. Feb ruary 17. 197IX A section 0 rale is being proposed to ben PCBs in today's mribed herein preside interim guid ance for complying with section 12(bxax end apply only to suhmimian of section l3(bX3> potieeo for PCB's and chiorofluorocarhona. Final guidance, which win supersede these procedures, is currently briny drafted. Public comments win be for mally solicited prior to a revhion of them procedures. This notice is procedural guidance and hence is exempt from the notice and public comment provisions at the Administrative Procedure Act. 5 UJS.C. 563. Dated: May 33.1978. Doosas M Cornu. Administrator. L RnonnmT vox Sumnssuw or Nomcx or Exrosx Notice is required for the export of an chlorofluorocarbon substances and mixtures and for all PCB's (as defined at 40 CPR 781.3) except for PCB equipment. Because of the special scope of the PCB rule isquired by TSCA section 9(e), EPA believes that PCB substances, mixtures, artielea, containers, equipment, article contain ers. and PCB matings, sealants and dust control agents (as defined at 40 CPR 761.3 and in today's Fsbxxal Rsoisna) are ail subject to motion UfbXSX Howevet. hecanm at the ex tremely nan amounts of PCBs pres ent-tn Individual equipment as taii-iWuu sets) EPA has--hwwi go- tiflratlnn at aumtla of PCB equip ment would be nvrimlinlj borden- soma. Hence, snch notification is not required under them proce- IL Cosniu o Homs This notice must(l) A state ment that it is betas mbmltted pursu ant to section 13fbX3) and 40 CPR part T83 or aaction 13(bX3) and propoaed 40 CFR part 70L2 as approprlate. (3) the name and addrtua of the exporter. (3) the dates <tf each ship ment or intended shipment, vi (4) the country to which the fully halogenated chlorofluaroalkaaaa or PCB's art being exported. OX. saaniaaiog or Noras The notice h to be submitted to the Document Control Officer, Chemical Information Division. Office of Toxic flnhsfanres (TS-793). Environmental Protonkm Agency. 401 M Street SW,, Wwhhiytan. p,c. 304ML Persona the Information mertfleid in Part O may assert a claim of buxines by marking this toformatioo as "TSCA Confiden tial Buainem Information " Informa tion ao maefcerf win not be disciaeed except in accordance with the proce dures set forth in 40 CFR Part 2. If such claim is not asserted. SPA may disclose the Information without pro viding notice of disclosure or an oppor tunity to object. CPR Doc. 7S-IU3S NX a-4-Tg; 8:45 ami i A 4 > MNRAL --gIR. VQt. 43, NO. fll WW)IT, AM 7, WS* OSU 00989? STLCOPCB4001543 Monsanto Monsanto Comoany 600 N. Lindbergh Boulevard St. Louis* Missouri 63166 Phona: :314) 694-1000 August 4, 1978 Office of Toxic Substances (TF-794) Environmental Protection Agency 401 "M" Street, S.W. Washington, D. C. 20460 ATTENTION: Ms. Joni T. Repasch Dear Ms. Repasch: On June 7, 1978, the EPA published a proposed rule in 43 Federal Register beginning on page 24,802 covering Manufactur ing, Processing, Distribution in Commerce, and Use Bans of Polychlorinated Biphenyls (PCB's). This letter sets forth Monsanto Company's comments on the proposed rule. Please include these comments, with the attachment, in the official record of this proceeding. Our comments are divided into two parts. The first part provides general comments which focus on the EPA's proposed maximum concentration of 50 ppm and the justifiable need for a heat transfer system use authorization. The second part sets forth specific language and recommendations related to these matters, and to certain other matters in specific sections of the proposed rule. GENERAL COMMENTS The proposed immediate, mandatory removal from service of heat transfer systems containing fluids whose PCB concentra tion equals 50 ppm or greater is not justified in view of the lack of any significant risk to health or the environment. To require industry immediately to remove from service and drain all these systems or to replace the systems entirely to meet a 50 ppm concentration level is an arbitrary mandate and will generate a substantial, immediate risk of injury and environmental harm from spillage and result in an abrupt, massive buildup of PCB contaminated fluid without available disposal facilities or time to develop orderly plans to DSW 009898 STLCOPCB4001544 -2- carry out the disposal. Furthermore, the EPA cites no evidence in the preamble of any environmental or health hazard to support the proposed reduction in the regulated concentration of PCB's in a PCB mixture under Section 761.2(w) from 500 ppm to 50 ppm, nor does the May, 1978 EPA Support Document/Draft Voluntary Environmental Impact Statement upon which the proposed rules are based support this reduction. Therefore, Monsanto strongly recommends the EPA withdraw this proposed reduction. Yet even with the withdrawal of the 50 ppm concentration, it is imperative that an authorization be granted for continued use of heat transfer systems containing residual PCB's. The evidence conclusively establishes that the heat transfer system use activity meets the requirements for granting an authorization to allow continued operation, and Monsanto requests the EPA to grant such an authorization. On page 42 of the EPA Support Document, the EPA states that before it grants an authorization for continuation of a non-totally enclosed use activity the following two requirements must be met: (1) the activity authorized must not pose an unreason able risk of injury to health or the environment, and (2) the ban would cause major and extensive economic disruptions. Regarding the first requirement, an analysis of potential PCB exposure from various sized PCB contaminated heat transfer systems is illustrative of the insignificant risk of injury to health or the environment posed by authorizing continued use of these systems. The highest risk area for leakage in these systems is in the pump seals, but inspection maintenance for pump seals is also emphasized because of user awareness of this risk. A pump seal failure would be rapidly detected by inspectors or automatic monitoring devices and loss of fluid would be unlikely to exceed from 1% to 5% of the total fluid volume in the system. For example, a 500 gallon system containing 1% volume of PCBs has a total PCB content equal to 60 pounds', and a leak of 5% of the total fluid (which is unlikely) would release only 3 pounds of PCB's. Similarly, a 10,000 gallon system containing a PCB contamination of 500 ppm has a total PCB content of 60- pounds, and a leak of 5% of the total fluid (again unlikely) would release only 3 pounds of PCB's. A leakage of 3 pounds of PCB's is below the EPA's designated harmful quantity for PCB spills into navigable waters (10 pounds) under 40 CFR 118.4 issued pursuant to the Federal DSW 009899 STLCOPCB4001545 -3- Water Pollution Control Act and, in Monsanto's opinion, does not create a significant risk to health or the environment. Furthermore, the above examples are worst case situations because they assume no spill prevention program (for example, diking) or effluent control program in effect. If such programs were in effect it would be highly unlikely for any amount of PCB's approaching 3 pounds to escape into the environment. The proposed immediate, mandatory removal of these systems from service also meets the standards for the second require ment for an authorization by resulting in substantial, widespread economic disruption. Since the EPA states in the preamble and the Support Document that it lacks information necessary to evaluate the impact of the ban on the heat transfer system use activity, the following information is presented which is generally consistent with the specific information requests in 43 FR 24810 relative to hydraulic die-casting systems, and which clearly and conclusively demonstrates this economic impact: 1. Number of systems contaminated. It is estimated that when the sale of PCB heat transfer fluids was discontinued in 1972 there were 450 heat transfer systems using this fluid. This estimate is based on (a) the current level of new systems introduction, (b) the ten year period (1962-72) during which PCB heat transfer systems were specified, and (c) the total volume of 20 million pounds of PCBs sold for heat transfer systems from 1962 through 1971 as reported by the 1972 Interdepartmental Task Force on PCBs COM-72-10419 pages 6 and 7. 2. The average liquid volume of the systems. It is estimated that about one-half of all PCB contaminated heat transfer systems have less than a 500 gallon liquid volume. Systems greater than 500 gallon volumes are estimated to average about 2,000 gallons. These estimates are based upon a review of systems filled in 1977 and 1978 and upon the average system size of Monsanto units converted in the 1970-72 period - a typical cross section of the industry pattern. 3. The range of liquid volume. Heat transfer systems of greater than 10,000 gallons are unusual. Small experi mental pilot plant units may contain 50 gallons. 4. Fluid top-off. Heat transfer fluids are designed to be thermally stable within the recommended temperature range of operation and to operate at low pressure. Accordingly, routine top-off is minimal. Average top- OSW 009900 STLCOPCB4001546 -4- off may be higher because of fluid removal from parts of the system when maintenance is performed on other components of the system such as pumps, valves and heaters or in the event a system malfunction causes a thermal degradation of the fluid. Monsanto's experience indicates that some systems may require no top-off for three to five years; other systems may require a topoff of 50% in one year if major maintenance programs requiring drainage are undertaken. However, systems are not routinely drained. 5. Efforts to reduce PCB contamination. We estimate that greater than 90% of the plants operating with PCB heat transfer systems converted to alternative non-PCB fluids in 1970-72. Some of those converting drained and refilled the system with non-PCB fluid; some drained, flushed and refilled; some drained, chemically cleaned and refilled; and other dismantled and discontinued use of liquid systems. We estimate that these efforts have generally resulted in current system PCB levels in the industry ranging from around 100 ppm to several thousand ppm. Recovery from heat transfer systems would generally be expected to be greater than 90%. Note that for the purposes of these comments the term "recovery" is defined as the percentage of total system fluid volume extracted from the system by draining. 6. Servicing fluids to remove PCB's from systems. Following is a review and analysis of the potential success of three methods the EPA has considered for PCB removal: (a) Drain and refill. If small systems (500 gallons or less) are drained and refilled with a non-PCB fluid, a 98-99% recovery of dissolved PCB's can be expected. This service method will not, however, remove PCB absorbed by the heat transfer system walls. In the case of systems larger than 500 gallons a 90-99% recovery can be expected depending upon the complexity of the piping layout and heat exchanger design. (b) Distillation is of questionable efficiency in separating and removing PCB's from heat transfer fluid due to the similarity in boiling ranges of PCB's and non PCB heat transfer fluids. The boiling ranges for these respective fluids are as follows: PCB Therminol FR 1 617F - 690F Therminol FR 2 644F - 707F DSW 009901 STLCOPCB4001547 -5- Non-PCB Therminol 55 Therminol 66 635F - 734F 643F - 668F (c) Carbon 'treatment experiments to remove PCB's are currently being conducted to investigate the carbon treatment removal method, but no data are presently available. 7. Present PCB levels in systems - We estimate the range of PCB concentration levels m heat transfer systems to be from about 100 ppm to about 30,000 ppm. 8. Cost of new systems - The cost of a new system could result m a large dollar expenditure compared to the much lower cost of replacing fluid. Replacing a heat transfer system may well mean totally rehabilitating a plant because these systems are integral parts of the users' plants, and replacement of heat transfer systems is impossible without replacement of reactors, coolers, and heat exchangers. Such replacement would usually require a multimillion dollar expenditure. Further, the costs of lost production would be extraordinarily high in terms of lost wages, lost sales and product shortages which could impact a wide area of other manufacturing industries using finished products during the length of time required to replace each system. Thus the immediate, mandatory removal of these systems from service would result in substantial, widespread economic disruption in industries using heat transfer systems and the products produced from processes using such systems. 9. Cost of draining and refilling systems - We estimate the cost of draining and refilling systems would be from S10 million to S30 million, depending upon authorized PCB level, and based upon the model of an average 2,000 gallon system and the estimated 450 systems in the industry. For example, PCB reduction to a concentration level of 500 ppm in a 2,000 gallon system, with a current 1% PCB volume (10,000 ppm) and assuming a 90% fluid recovery, would result in a marginal removal cosc of approximately 5220 per pound. It is estimated that to reduce from a 500 ppm, level to a 50 ppm level would require a marginal removal cost of about $30,000 per pound. Starting with a PCB content in the 2,000 gallon system of 240 pounds, draining the system (90% recovery) would leave 200 gallons of fluid containing 2 gallons of PCB's or 24 pounds.' This quantity should, when the system is refilled with 2,000 gallons of flushing fluid, result in a PCB concentration of 1500 ppm. A DSW 009902 STLCOPCB4001548 -6- second draining and refilling with flushing fluid should initially drop PCB's to 2.4 pounds or 150 ppm, but this amount would shortly increase as PCB's are released from the surface walls into the fluid. Once a proper concentration has been obtained to assure the concentration remains below 500 ppm, the flushing fluid would be drained and the system refilled with non-PCB heat transfer fluid. The direct cost estimates of flushing and draining, excluding costs associated with lost production and resulting disruption of supply to consumers, are as follows: (a) Flushing fluid - 2x2,000 gallons at $2.00 per gallon $8,000 (b) New fill of non-PCB heat transfer fluid - 2,000 gallons at $8.00 per gallon $16,000 (c) Disposal of initial drained fluid and 2 flushing fluid changes - 6,000 gallons at $2.26 per gallon $16,000 (d) Labor and overhead - 4 men10 to 15 days $12,00ft- Total $52,000 This estimate assumes that only two flushings are required and that draining and flushing proportionately reduces PCB concentration level without a major breakdown of the system involving gasket replacement or rewelding which could easily double or triple costs. Based upon this estimate, the cost of removal of 235 pounds would give a marginal removal cost of S220 per pound to achieve a residual level below 500 ppm. To achieve a level of 50 ppm it is likely that at least two further drain and flush procedures and chemical cleaning would be required. At $50,000 per procedure, the final 1.6 pound removal would carry a marginal removal cost of at least $30,000 per pound. The above information relative to environmental and health injury and economic impact is clear evidence which meets the two requirements necessary to support the grant of a use authorization for heat transfer systems containing residual PCB's. Accordingly, Monsanto recommends the proposed rules be revised to authorize for a period of 5 years the continued use and servicing of all 500 gallon capacity or less heat transfer systems used and serviced in a manner other than a totally enclosed manner to the extent these systems contain 1% or less by volume of PCB's, provided users attain this 1% 0$W 009903 STLCOPCB4001549 -7- PCB volume within one year after the effective date of the rule. For systems with greater than 500 gallon capacity, Monsanto recommends the EPA authorize for 5 years continued use and servicing of these systems in a manner other than a totally enclosed manner to the extent they contain a PCB concentration of 500 ppm or less, provided users attain this 500 ppm PCB' concentration within 2 years after the effective date of the rule. These transition time periods would permit an orderly reduction of PCB levels during which disposal of fluids by incineration could be planned, thereby avoiding spillage and buildup of PCB contaminated fluid inventories awaiting disposal. Please note that proposed language for this use authorization is set forth as new Section 761.31(h) on pages 10-11 of these comments. Specific Suggested Changes in the Proposed Rules Sec. 761.2(w) "PCB mixture." In addition to the proposed arbitrary 50 ppm concentration, the definition includes any material, no matter how dilute in PCB concentration, if the material is contaminated by a substance containing a PCB concentration of 50 ppm or greater. For example, if a gallon of heat exchange fluid containing 500 ppm PCB were diluted to 1,000 gallons with a non-PCB flushing fluid (final concentration 0.5 ppm PCB), the resulting flushing fluid when drained would still be arbitrarily considered a PCB mixture. We recommend the definition be changed to read: (w) "PCB Mixture" means any combination of chemical substances which contains 500 ppm (0.050 percent on a dry weight basis) or greater of a PCB chemical substance. This definition includes, but is not limited to, dielectric fluid and contaminated solvents, oils, waste oils, heat transfer fluids, other chemicals, rags, soil, paints, debris, sludge, slurries, dredge spoils, and materials contaminated as a result of spills. Sec. 761.2(bb) "Manufacture 'for Commercial Purposes.'" We recommend for clarification the addition of the following subsection to the definition, which is consistent with the discussion by the EPA set forth in column 1, 43 FR 24805: (3) As the desired product. Inadvertent manufacture as a by-product in the manufacture of another chemical is not "manufactured for commercial purposes." Sec. 761.2(cc) "PCB Sealant, Coating, or Dust Control Agent." This term is defined based on the state of the DSW 009904 STLCOPCB4001550 -8- analytical art. In complex mixtures such as waste oils, analysis for PCB is not sensitive because of background interference. We recommend that a concentration level be set related to the toxicological properties of PCB's and the demonstrated injury risk associated with human and environ mental exposure. Such a concentration would, among other things, avoid a moving target definition depending upon the sophistication of the analytical equipment used. Sec. 761.2(dd) "Process 'for Commercial Purposes.'" We recommend the addition of the following subsection to the definition. This is consistent with the discussion in column 1, 43 FR 24805 and our proposed modification of section 761.2(bb). (3) for means other than PCB removal. Processing which removes PCB from the material to be used for commercial purposes does not constitute "processing for commercial purposes." Sec. 761.2(ff) "Significant Exposure." This term is defined based on the state of the analytical art. We believe that significant exposure should be, as discussed above relative to Section 761.2(cc), a specific concentration related to the toxicological properties of PCB's and to injury risk associated with human or environmental exposure. We recommend, consistent with the 1977 American Conference of Governmental and Industrial Hygenists publication of Threshold Limit Values for Chemical Substances in the Workplace, that this section be amended to read as follows: (ff) "Significant Human Exposure" means any exposure of humans to PCB chemical substances or PCB mixtures in excess of 0.5 mg/cu. meter TWA for a 40 hour week by an applicable analytical method. Sec. 761.1(gg) "Small Quantities for Research and Development." The definition of this term is unjustified and arbitrary. No data are presented in the preamble by the EPA that use in research has posed any measurable risk of injury to health or harm to the environment. Monsanto has no evidence of any adverse effect of PCB's in laboratory use. We suggest as an alternative replacing section 761.2(ff) with the following wording taken in part from the TOSCA Inventory Reporting Regulations, 42 FR 64576, section 710.2(y): (gg) "Small Quantities for Research and Development" means any quantity of PCB chemical substance or PCB mixture manufactured or processed only for purposes of scientific experimentation or analysis of chemical DSW 009905 STLCOPCB4001551 -9- research on, or analysis of, PCB's, including research or analysis for the development of a product that (1) are no greater than reasonably necessary for such purposes, and (2) are used by, or directly under the supervision of, a technically qualified individual(s). It would also seem appropriate to include as new section 761.2(kk) the definition of "Technically Qualified Individual" based upon section 710.2(aa) of the TOSCA Inventory Reporting Regulations. Sec. 761.2(hh) "Totally Enclosed Manner." This term is defined with reference to section 761.2(ff) and, consistent with our recommended changes above to that section, we suggest section 761.2(hh) be changed to read: (hh) "Totally Enclosed Manner" means any manner that will ensure any exposure of human beings or the environ ment to PCB chemical substances will be insignificant. Sec. 761.2(jj) "Applicable Analytical Method." We propose the following new definition of this term: (jj) "Applicable Analytical Method" means a method ,, (other than the perchlorination procedure) which distin guishes PCB Chemical Substance as defined in section 761.2(t) from all other materials. The basis for exclusion of the perchlorination procedure is discussed more fully in the attached letter dated March 15, 1976 from J. Coleman Weber of Monsanto to Dr. I. E. Wallen of the EPA. Section 761(kk) "Technically Qualified Individual." We proposed a new definition for this term with the following wording taken from Section 710.2(aa) of the TOSCA Inventory Reporting Regulations, 42 FR 64576: (aa) "Technically Qualified Individual" means a person (1) who because of his education, training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance which is used under his supervision, (2) who is responsible for enforcing appropriated methods of conducting scientific experimentation, analysis, or chemical research in order to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required QSW 009906 STLCOPCB4001552 -10- within the scope of conducting the research and develop ment activity. The responsibilities in clause (3) of this paragraph may be delegated to another indiviudal, or other individuals, as long as each meets the criteria in clause (1) of this paragraph. Section 761.31(f) Hydraulic die casting systems-use. The same considerations that support a use authorization for hydraulic die casting systems apply to other industrial hydraulic systems as well. Therefore, we recommend that all references in this section to the words "hydraulic die casting system" be changed to "industrial hydraulic system." Section 761.31(h) Heat transfer systems - use. We recommend this new use authorization as follows: (h) Heat Transfer Sytems - Use. Heat transfer systems containing PCB mixtures may be used and serviced in a manner other than a totally enclosed manner until five years after the effective date of this rule subject to the following conditions: (1) One year after the effective date of this rule no heat transfer systems of 500 gallon capacity or less may contain fluid whose PCB mixture volume is greater than 1%. (2) Two years after the effective date of this rule no heat transfer systems of greater than 500 gallon capacity may contain fluid whose concentration of PCB mixture exceeds 500 ppm. (3) Ninety days after the effective date of this rule each person who owns a heat transfer . system containing residual PCB's above the authorized levels shall report to EPA, and retain records of, the number of such systems he owns, the volume capacity of each such system, and the PCB volume or concentration, as appropriate, of the fluid contained in such systems. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN-342), Environmental Protection AGency, 401 M Street S.W., Washington, D. C. 20460. Each person who owns such a system shall also keep a current record of the dates of each draining or refilling and the measured PCB concentration or volume, as appropriate, of the fluid in the refilled systems on those dates for each system. If any such system is DSW 00990? STLCOPCB4001553 -11- sold, the transaction and the parties thereto shall be reported to EPA by the Seller. At its discretion, EPA may require the submission of- a copy of a person's current record. (4) Each report submitted to EPA under paragraph (h) (3) of this section shall contain the certifi cation found in 761.31(b)(2). (5) Each person who owns a heat transfer system containing residual PCB's above the authorized levels shall develop and implement a plan for the control of PCB exposures and contamination in accordance with Annex VII. Your favorable consideration of the above comments is respectfully requested. Sincerely, w. R. Corey Director, TOSCA Administration DSW 009908 STLCOPCB4001554 V' x) H *U *( I 'O P> I t, M Dr. I. Z. Waller i."vircr..~3real Protsc'ic." Acsr.cv Office of Toxic Subsuances 401 M Street S.W. ' Washincccn , DC 204 60 ~e Waller. Monsanto has a concern over the validity of the perchlcrir.ation technique used by EPA and coders to measure and/or confirm polychlorinated biphenyls in environmental materials . n our investigation of the perchlcrinaticn method, we have curd that such chemicals as biphenyl, alkylated biphenyl , r.c many other substituted biphenyls, interfere with the erohicrir.ation technique. It also appears that various etrcieum. components may interfere. If these chemicals were resent in environmental materials that wars being tested or PC3's using the perchlcrinaticn method, erroneously high CB concentrations would be reported. A recent article in the Journal of the ACAC (Vcl.SS, MO. 1975) points cut two other limitations of the oerchlorir. procedure: 1. High and variable reagent blanks, which cause erroneously high findings. 2. Formation of brcmoncnachlorobinhenv1, which causes low recoveries . A conv of the article is attached. ' DSW 009909 STLCOPCB4001555 Dr. I . E. W allen -2 - March 13, n 1 M o O D> !-< in n - foJ 1 Ii O' ti> pi P o 11 :i Li Di LJ (u rr Li 'U i O. lb n (D t-: w ; : i 0) (1. it LJ M ID D) ID |T < O (l.'O - it Lr OO UO ft ID ! I IT- li ra r: m - m Ul n > P ID P r1 O M i Li' 1LJ 1 in P 1 J ID H- >0 O 0 .0 LJ P M (| ft i 3 D' i( 1 li (' 1 ul rt O- o P lj ra i| H 1- Pi Lv ! 1 H in in m |n n in rt H o rt "J O P< I - ID O- *1 rt rl O ,t O O in o- (D LI I' l-- LJ o Ls' 0) H- O O P (D Hi P LJ' rt n O * j ID (t O It t- 1* O t'l l-> fu H- m .1) 'it in p O CL p :o P P m H- O 1 ' ID Pi o l t> ID ID H C P> pi >0 n. pi (D U 'ii n. ID ID ID n p o. i u U rl - c, p c -o 0 'ij i-. in r t\ p < > ui o l- * *u it <D I-* in ;oj m -* in '< o- h n on>' rt.- :j m -o m 1 (n (t in id i-<- u 11* ID (it l m lj m, 1 p 1 *-* I- i'i o- < o1 ` it (It i-*- o u :i n> I - ri- m iu M ii- Oi fn () p U it it it o 1 iV 1 . ir i: p 'i U( Li ID iD ID </) 1) r<> P> L I t-l il M ;v 'L < rt M !j (I) |H |i) O o ;p O t- I- M <) y] o I' in o n . III ll' in (Il I' SO 'm p ll c\ - i o STLCOPCB4001556 i r i-1 i* 11 liOTxCZ: This aatsrial may te protected by copyright --* -- -466 JOCR.VAZ. OF THE \0.\C (Vol. 5S, No. 3, 13"! Limitation on the Use of Antimony Pentachloride for Perchlorination of Polychlorinated Biphenyls WILLIA.M J. TROTTER and SUSAN J. V. YOUNG Division of Chemistry and Physics, Food and Drag Administration, Washington, DC 20291, Two contaminants are present in commer cially available antimony pentachloride (SbCl5) used to pcrchlorinate polychlorinated biphenyls (PCBs) to decachlorobiphenyl (DCB). DCB is found in the SbCIj perchlorination reaction blank in which no PC3? were added. Bromononachlorobiphenyl (8.NCB) is found after use of SbCl5 to perchlorinate PCBs. Levels of DCB found in the SbCl5 reaction blanks from vari ous distributors ranged from S to 972 ng DCB/ ml SbCIj. The relationship of the formation of BNC.B to amounts of various PCB Aroclors perchlorinated is examined. Polychlorinated biphenyi (PCBs) residues are extracted, cleaned up, and detected by methods similar to those used for organochlorine pesti cides. PCB res'idues are quantitatively deter mined by comparing the gas-liquid chromato graphic (GLC) response of the multicomponent residue and commercial PCBs (ArociorS) or a mixture of Aroclors producing a GLC response pattern similar to that of the residue tl). Tiiis approach is limited because the multicomponent PCB residue may not have the same propor tional composition as the Aroclor or Aroclors used as the quantitation reference. P.esiuues can be composed of mixtures of chlcrtbipheny! com ponents from more than 1 Aroeior. Merabolic and other environmental factors complicate the description of the PCB residue composition. There has been considerable work to develop methods to convert the multicomponent PCBs to a single derivative on which to base the resi due determination. Procedures have been re ported to catalytically dechloriuate PCBs with hydrogen over palladium or platinum to bi phenyl, cyclohexylbenzene, atid bicyclohexyl (2, 3). A principal disadvantage with that pro cedure is that the hydrocarbon product is determined with a GLC flame ionization detec tor, resulting in low sensitivity. Attempts have been made to convert PCBs to the fully chlor inated rircachlurobipheny! (DCB) (3-5). Ar mour (6) reported optimum conditions for perehlorinating PCBs with antimony pentachloride (SbCIj). The method provides a qualitative confirmatory procedure for PCB determination. The GLC electron capture detector response enhanced because total PCBs are manifested as single peak for DCB. In measuring the sing, peak for DCB the analyst is not faced v.rh analytical judgments such as baseline correction, method of integration, or discrimination between PCBs and non-PC3 components. However, it is necessary- to be aware that the various Aroclors give rise to different equivalents of DCB (5 and that the nonchiorinated biphenyl (also used as a fungicide) is perchlorinated by 5bCls t DCB. Nonetheless, using the ^rchlorinatio:. derivatiz.ation can reinforce the residue vaiuy determined by measuring a multicomponent PCB residue. During attempts to apply the perchlorination derivatization in determining low residue levelof PCB and make use of the increased electron capture response to DCB, 2 contaminants wer indicated which led to erratic recoveries of DCB. Experimental Reagents and Apparatus fa) Antimony penlachlondc.--Hooker Chemicn. Xiagara rails, NY 14302 (received in glass bo with lead-lined cap); Macheson Coleman & B-.-.. (MCB), Norwood. OH 45212 (reagent grad-' BdrA (.Allied Chemical). Morristown, NJ 077-1 (reagent grade. PD'A) : Research Orgaaic-Inorga::. Chemical" (ROC-RIC). Belleville. NJ . 071. (&9.&9Cc) ; and J. T. Baker Chemical, Phillipsbnr-. NJ 05565 (Baker Analyzed Reagent). (b) Gas chronmtojraph.--Searle-Analvtic (C Plaines, IL 6005S) Model 5360 with 6'x 1 mm ; . glass column containing 19r OV-IOL on SO-- l mesh Chromosorb W (HP). Operating conditions column Sow, 60 ml aitrogen/min; column. 202C detector, 202C; injector, 225C: pin-cup <Us-.--.electron capture defector with uramum JII ; detector volta.ee (constant dc) adjusted to cv: or.e-h.rlf full s-a.Io recorder deflection for 0.7 : DCB when full scale defection is 1 X 10 0 amp (c) Mass spectrometer.--Vnria.n MAT (75 Du1:' 22, Springfield, NJ 07051) CH5-DK mass sportr."" etcr (Mo) coupled to Varian Aerograph 2710 g. DSW 009911 STLCOPCB4001557 TF.OTTT?. & YOl'SC PEF.CHLO'INAT10N OF PC3. 467 chromatograph via ail-gless sys'era usioc V'atsonBiemanr 2-stage separator. GLC op^musc condi tions: 6'X -4 ina ;d glass column coc'.iiair.z 3Ce OV-l oa SO-100 ~~h Ch.-omosorb TV 'HP); column how, 60 ml helium min; column M0"C. MS operating conditions: eleei.-on energy. TO ev; emission current, 300 >.a; multiplier voltage, 22 kv. n 1 i Results and Discussion A peak identical ;o the' of DC3 mas round in the reaction blank for the Armour prechlor ination procedure (u) wvh the defended GLC operating conditions. The identification of DCS was cormrmed by GLC-MS of n hexane extract of a hydrolyzed sample c: ShG, which had not been subjected to the perchJor.r.ation procedure. Various quantities (02-2.0 mi) of 5bC!; from the 5 commercial sources were examined To de termine the presence of DC3. $bCL alone was carried through the percL'orination reaction in) except that no CKC1, was present with 5bC!s in the reaction vessel. DCS was determined by GLC. Table 1 lists the amounts of DC3 found. .-liter perch_'c;inattng ?C3s with SbCL, a secondare peak with a GLC retention time rela tive to DC3 of 1.31 was observed similar to that reported by Huckins ft d. (71. This later eluting peak is seen in Fig. 1. the chromatogram from the 02 ml SbCl, (Hooker Chemical) perchlorination of 0.50 ug Arocior 1221. This peak was found when 5bCi, from each supplier was used. The peak was determined by GLC-MS to be due to bromonouachiorobijdieny! (3XC3). BXCB was assumed to be a competing product with DCB arising from a small amount o; 5bCi.Br in 5bClJt so parameters relating to possible limitations of the percftloriaation rwoccdure were studied. Various quantities 10.-5--10 ym) of Aroclors 1221, 1242, 1254, and VifO in CHC1, were aercbloricated. Recoveries of DCB and esT'mates if the relative amounts o: BXCB formed are given in Table 2. Calculation of the relative Tbi 1. OCB formed from various amounts of SbClj SbCl], ml Supplier 0 2 1.0 2.0 - Av. Poker Chemical tea AA OC-RIC T. 6aer 37 u *7 *3 35 <2 33 33 9*0 IC-I2 913 9?2 12 13 12 12 9 7 78 FIG. 1--Cloctron capturo GLC curvo from th 0.2 mf SbCl* {Hooker Chemical) percMannition of 0.50 Mg Arocior 1221; 0.5* ng equivalent Arocior 1221 injected. Peak 1 represents 0.81 ng OCS. Peak 2 represents 0.2S ng BNCS. amounts of BXCB product formed was based on comparison of the electron capture GLC peak height of EXC3 with that of a DCB reference. The amount of DCB determined in the reac tion blank was dirc-ctlv proportional to the amount of SbCl, used (Table 1). This indicates SbCl, was the source of the DC3 and that contamination from other possible sources dur ing the perchlortnation was negligible. The pro cedure for perchlorinaring PCBs specifies the use of 02 m! 5bCl;. SbCl, producing $-572 ng SbC!,/ml in the reaction blank would add 0.5 05 ppb. based on a 3 g sample. DC3 produced in the reaction blank was as sumed to come from PCB contamination of SbCl-. In an effort to locate the origin of this contamination, SbCL bottle closures were investi gated. GLC analysis of hexane, in which the plastic caps were soaked for -t days, did not reveal PCBs. Hooker Chemical, the sole do mestic source of SbCl,, supplied SbCl, in glass bottles with lead-lined caps. This bulk supplier of SbCl, indicated that the production of chlo rine in carbon anode halt-cells with linseed oil or other organic binders forms certain organic compounds: howev, r. the destructive oxidative environment in the electrolytic cells would make the production of PCB unlikely as a result of this pathway. On 'lie other hand, antimony metal is commonly obtained as a metallurgical by-prod uct Ly carl-on reduction of its oxide; therefore, 468 journal of the aoac (Vol. 5S, No. 3, If" Tbl 2. DCB and BNCB from perchlorlnation of various Aroclora with 0.2 mi SbClj* Aroclor Amt, MS DC3 reed. BNC3' reed. % CCS - BNC3* combined rec, % 1260 1254 1242 1221 1250 1254 1242 1221 1250 1254 1242 1221 10 10 10 10 4 4 4 4 0.5 0.5 0.5 0.5 86 u S3 67 31 60 78 70 39 73 72 60 0 0 4 15 0 0 3 18 2 6 10 13 6 84 92 83 3i 80 86 83 91 84 82 79 Hooker Chemical SbCij. * Quantity calculated by comparison of electron cap* ture GLC response to BNC8 vs. response to DCB refer* ence standard. it is conceivable that PCBs could be associated with the antimony metal employed in the SbCl, process. No heat transfer systems containing PCBs are used in either the chlorine or SbCl; production facilities, and SbCl5 does not come into contact with plastics in the manufacturing operation or in shipping containers (Hooker Chemical and Plastics Corp., 1974. private com munication). Two parameters (various quantities and vari ous Aroclors) were studied in relationship to the production of BNCB as a competing prod uct of DCB during the perchlorin.ition of PCBs. BNCB was calculated by comparison of the elec tron capture GI-C response to 3XC3 vs. the response to DCB. Several factors are considered: (/) In this reaction bromination A kinetienily favored over chlorination. With perchloriiaition of lower amounts of PCBs the relative yield BNCB to DCB is greater because the brorn::. atin.g agent is the limiting quantity in con:.-.-- inated 5bCl:. (i) Bromination occurs to a larr degree for a given quantity of the less ch;onated PCBs such as Aroclors 1221 and 12: rather than for 1254 and 1260. This likely is d . to a greater number of reactive sites and steric hindrance. (3) In the range of PCBs pc: chlorinated (0.5-10 ^g) in the above study, r likely that with lower amounts of PCBs an-1 or less chlorinated Aroclors the decrease in Dd recovery is principally due to the increase BN'CB formed. One of the major advantages of perchloric, tion in determining minute quantities of PC. is the inherent increase in effective GLC deb tor response. Contaminated 3bCls, as descrihere, would preclude its use in many of ;:u. cases. References (1) Official Methods oj Analysis (19751 12th 7 AOAC. Washington, DC. secs. 29.001-29.Cl ` (2) Asai, R.t Gunther, R,, Westlake. W,, & I-.-.-.v V. (1071) J. Agr. Food Chen. 19. 396-393 (3) Berg, O. W,, Diosady, P. L., Rees. G. A. ' (1972) Bull. Enviraru Contam. Tozicol. 33S-347 (4) Hutzincer. O. W., Safe, S., Ziiko, V. (197 Int. J. Environ. Anal. Chem. 2. 95-106 (5) Hutzinecr, O. W., Jamieson, D., Safe, 3.. Zitko, V. (1973) JAOAC 56. 9S2-9S6 (6) Armour. J. A. (1973) JAOAC 56, 9S7-993 (7) Huckins, J. N'., Swanson. J. E., Stalling. ' L. (1974) JAOAC 57, 416--(17 ' RfrcfivM Auxu.-t '1. !074. 1hi.< paper wu at the sS'h Annual Meet..-.; the AOAC, Oct. U-17, 1^74, at Wi^inn^ton. DC- DSW 009913 STLCOPCB4001559 P P (1) 01 fu ct IP CD (D Ct (11 > O O o (TO W 3- ci 31 ct I--1 P O O'- i-D p rr H- H 3 01 n U.- t/i ij- (hi cl 0) 0*j o Ml CD p CD H- (i> c; U1 aa AR STLCOPCB4001560 P P oo o O (hi O cl > -K 3 o CD 3 o 3J i 3<<; p < (-* ct Cj M ct O (0 'C 3) tO'O P) C/i 0) i c-: t/1 3 H' ct c/i 3 3 31 O P P (D ID > P- CD 1 * o O, w o t/1 3 Pt Qcl P 3 C/1 O 31' t'J i 3 ct P' P. 0) cr CD CD . J |D 3 oi O 3- P H- M ID '0 i 3 3 CD t P I-*. e ij to H* > i' > CT 0q 3 3 > |i( o P tr* 1* <D o l: O *N r *- (U ?J x ri P* 3 1 * 3 10 3i C/J m cl i; (3 3 'U 31 M C1 P' (D 31 O 3- cl > CD fli 1 1 O 31 li O O p cl 3- (j. rr oi (u o c: >S ct cr t1 t-3 CD O 3 O h =: CD to O P M O 1 3 > 3- C/1 c-C (li ID t/1 UJ cl o i3 P' 4) 3- m cr o CD B 3 :xi t1 p 3a P O oi 'ti hi M (1) l/l 31 ^ i -* O >|| 3 3 ct 13 I *- JD (11 3 11 i< c<; p 31 01 H* M 31 p O CD a M 3- 31 CD *C1 CD CJ 3 t>l l/l 3' 3> tJ Cl 01 I-'- o `ij CD P> (11 3 10 PI P 0) cr a a o J cr P> 3- pi - *- ^ p> C/J |-J cl Ml CD I '- 3- 3 CP p Cb cl O O cp p; CD <3 3 oO o 1 * *5 ' 'i o U*> 3 O O CP ;J V#A' SI O 3 (1> ru > !l o3 3 CD o 3 (0 P p (li iD 3 o pi c1 3 n 3 o P c< o ID o D> H (D p cl it- H* o Ob O sC c 1 CD O t`l P r P j P- C/J Analytical Chemistry Method 73-9 Job No. 1048006 DETERMINATION OF POLYCHLORINATED BIPHENYLS IN THERMINOL 66 BY ELECTRON CAPTURE GAS CHROMATOGRATHY SCOPE This procedure is intended for the determination of polychlorinated biphenyls (PCBs) in Therminol 66. PRINCIPLE The procedure is based on the fact that PCBs give a characteristic fingerprint chromatogram when analyzed by EC/GC. The Therminol 66, per se, does not interfere with the measurement but may contain some impurities with electron capture activity. This procedure measures electron capture impurities eluting at the same retention time as PCBs. If absolute confirmation is desired, GC/Mass Spectrometry techniques must be used. REAGENTS AND EQUIPMENT 1. Hexane - Fisher - "Nanograde", Cat. No. H-300. ' 2. Usual laboratory glassware. 3. Hewlett-Packard 5750 Research Chromatograph equipped with a 63Ni electron capture detector (pulse - 50 y sec.). GAS CHROMATOGRAPHIC CONDITIONS Column: 2m X 1/4" 4% XE-60 on 80/100 Chromosorb W, H.P. Temperatures: Flow Rates: Injection Port - 190C Column - 170C Detector - 300C Purge - 10% Argon/Methane 120 ml/min. Carrier - Helium - 60 ml/min. PROCEDURE 1. Prepare a calibration curve by injection 2, 4, 6 and 8 pi of a PCB (Aroclor 1242) solution in hexane containing about 0.5 ng/yl. Plot Ng of standard vs the area of the PCB peaks on linear graph paper. . 2. Weigh 0.2g of sample to the nearest milligram into a 25 ml volu metric flask, dissolve and dilute to volume with nanograde hexane. '3. Inject a suitable size aliquot of this solution into the chromato graph (^5 yl). To insure accurate data, the sample chromatogram must fall within the range of the calibration standards.- Measure the area of the PCB peaks and read the nanograms from the calibration curve. ' DSW 009915 STLCOPCB4001561 Method 7 3-9 Page No. 2 CALCULATIONS ppm PCBs (as Aroclor 1242) (Nanograms from Curve)(Volume of sol'n, in ml) (Injection Volume, in p1)(Sample wt., in gm) (Nanograms) (25)__________ (Injection Volume) (0.2) RECOVERY EXPERIMENTS A typical lot of Therminol 66 was analyzed by the above procedure and a chromatogram which was not typical of PCBs was obtained. Measure ment of the area where PCBs would elute gave a value of 17.1 ppm. This sample was spiked with 25, 50 and 75 ppm PC3s (Aroclor 1242) and the following data obtained. Therminol 66 + 25 ppm Aroclor 1242 Duplicate Therminol 66 + 50 ppm Aroclor 1242 Duplicate Therminol 66 + 75 ppm Aroclor 1242 35 - 17* = 18 43 - 17 = 26 59 - 14 = 45 64 - 14 = 50 78- 7 = 71 *Background from PCB free Therminol 66 In practice, there will be no way to correct the background inter ference from the impurities in the Therminol 66 and so numbers below 50 ppm will probably be biased on the high side. Samples which give chromatograms not typical of PCBs should be reported as none detected, less than the calculated value. db Monsanto Industrial Chemicals Co. Applied Sciences St. Louis, Mo. 10/73 - 0. Hicks, E. S. Tucker DSW 009916 STLCOPCB4001562 Analytical Chemistry Method 73-8 .Job No. 1048006 DETERMINATION OF POLYCHLORINATED BIPHENYLS IN THERMINOL 55 BY ELECTRON CAPTURE GAS CHROMATOGRAPHY SCOPE This procedure is intended for the determination of polychlorinated biphenyls (PCBs) in Therminol 55. PRINCIPLE The procedure is based on the fact that PCBs give a characteristic fingerprint chromatogram when analyzed by EC/GC. The Therminol 55 does not interfere with the measurement. This method measures electron capture active materials eluting at the same retention time as PCBs. If absolute confirmation is desired, GC/Mass Spectrometry techniques must be used. REAGENTS AND EQUIPMENT 1. Hexane - Fisher - "Nanograde", Cat. No. H300. 2. Usual laboratory glassware. 3. Hewlett Packard 5750 Research Chromatograph equipped with a ^^Ni electron capture detector (pulse - 50 y sec.). GAS CHROMATOGRAPHIC CONDITIONS Column: 2M X 1/4" 4% XE-60 on 80/100 Chromosorb W, H.P. Temperatures: Injection Port - 190 Column - 170 Detector - 300 Flow Rates: Purge 10% Argon/Methane 120 ml/min. Carrier - Helium - 60 ml/min. PROCEDURE 1. Prepare a calibration curve by injecting 2, 4, 6, and 8 y of a PCB (Aroclor 1242) solution in hexane containing about 1 ng/y$.. Plot ng of standard vs the area of the PCB peaks on linear graph paper. , 2. Weigh 0.2g of sample to the nearest milligram into a 10 ml volumetric flask, dissolve and dilute to volume with nanograde hexane. 3. Inject a suitable size aliquot of this solution into the chromato graph (^5uJ.) . To insure accurate data, the sample chromatogram must fall within the range of the calibration standards. Measure the area of the PCB peaks and read the nanograms from the calibration curve. DSW 009917 STLCOPCB4001563 Method 73-8 Page Mo. 2 CALCULATIONS ppm PCBs (as Aroclor 1242) (Nanograms from curve) (Volume of sol'n, in ml) (Injection volume, in u)(Sample weight, in gm) (Nanograms) (10) ______ (Injection volume)(0.2) RECOVERY 0.2g Samples of Therminol 55 were spiked in duplicate with 25, 50 and 75 ppm of Aroclor 1242 and 93.4 + 5.3% recovery was obtained. db Monsanto Industrial Chemicals Co. Applied Sciences St. Louis, Mo. 10/73 - 0. Hicks, E. S. Tucker DSW 009918 STLCOPCB4001564