Fed Reg Dev - EPA Seeking Comment On Re-classifying PCB-Contaminated Building Materials Slated For Disposal

As reported by Larry Schnapf  in his Environmantal Issues in Business Transactons LinkedIn publication, EPA is considering changing the classification of building materials contaminated with PCBs from those sources to steamline cleanup and disposal of PCB-contaminated caulk in schools and other buildings,

The disposal and cleanup requirements for PCB-contaminated building materials depends on if the material is classified as "PCB bulk product waste" or "PCB remediation waste".

PCB bulk product waste includes non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs.' Thus, paint, caulk, mastics, sealants, masonry, wood, metals, and other building materials that are purposely coated with PCB-containing caulk are regulated as PCB bulk product waste if the building materials contains PCBs at concentrations > 50 ppm.

Under 40 CFR § 761.62, PCB bulk product waste must be disposed of in one of three ways: performance-based disposal; disposal in solid waste landfills; or risk-based disposal approval.

The disposal of PCB remediation waste is regulated under 40 CFR § 761.61. There are three options for management of PCB remediation waste: Self-implementing cleanup and disposal, Performance-based disposal and Risk-based cleanup and disposal..

The proposed reinterpretation would specify that the classification of building material contaminated by the migration of PCB would depend on whether the PCB bulk product is still attached to the building materials. Building material (substrate) that is “coated or serviced'' with PCB bulk product waste (e.g., caulk, paint, mastics, sealants) at the time of disposal would be managed as a PCB bulk product waste. However, if the PCB bulk product waste that contaminated the substrate has been removed from the building material at the time of disposal, the substrate would be considered a PCB remediation waste.