PCBs at CERCLA Sites

[ttweed@wildrockies.org (Tony Tweedale)]

  3.   PCBs at CERCLA Sites
  
    CERCLA Section 121(d) requires EPA to meet applicable or
  relevant and appropriate requirements (ARARs) when selecting a
  cleanup remedy at National Priorities List (NPL) sites.  These
  requirements may include compliance with other laws such as RCRA,
  CWA, CAA, or TSCA.  At a site contaminated with (polychlorinated
  biphenyls (PCBs), TSCA may be applicable or relevant and
  appropriate.  In the event PCB-contaminated material taken out of
  service contains concentrations equal to or greater than 50 ppm
  (40 CFR Section 761.60 - 761.79) TSCA would be triggered and
  therefore applicable.  In order to prevent parties from
  attempting to avoid these disposal requirements by diluting PCB
  wastes, the regulations specify that "no provision specifying a
  PCB concentration may be avoided as a result of any dilution" (40
  CFR Section 761.1(b)).  This is commonly referred to as the "anti-
  dilution" provision.  When considering TSCA standards as an ARAR
  at a CERCLA site how does the "anti-dilution" provision apply?
  
    CERCLA response actions are excluded from the anti-dilution
  provision.  The 50 ppm concentration level applies to the PCB-
  contaminated material "as found" at a CERCLA site not "as
  generated."  At site cleanups not under CERCLA authority the PCB
  anti-dilution provision provides that response action strategies
  and cleanup levels be based on the form and concentration of the
  original PCB material spilled or disposed of at the site.  For
  example, at a non-CERCLA site, if a transformer containing PCB
  material at 100 ppm were to leak into the soil, contaminating the
  soil with PCBs, the response action strategies and cleanup levels
  would be based on the 100 ppm concentration of the original PCB
  material contained in the transformer.
  
    At CERCLA sites EPA or the lead agency is not subject to the
  anti-dilution provision when it selects a remedy.  EPA should
  evaluate the form and concentration of the PCB contamination "as
  found" at a CERCLA site when selecting response action strategies
  and cleanup levels (Guidance on Remedial Action for Superfund
  Sites with PCB Contamination, OSWER Directive 9355.4-01, PB91-921
  206).  At a CERCLA site, if a transformer containing PCB-material
  at 100 ppm were to leak into the soil, contaminating the soil
  with PCBs, the response action strategies and cleanup levels
  would be based on the concentration of the PCBs found in the soil
  rather than the concentration of the original PCB material
  contained in the transformer.  Thus, if the concentration of PCBs
  in the soil is less than 50 ppm when excavated, then TSCA
  requirements would not be applicable.  TSCA requirements may be
  considered as relevant and appropriate for that particular
  material, but the decision would be made on a site specific
  basis.  EPA is not subject to the anti-dilution provision at
  CERCLA sites when it selects a remedy.  However, the Agency may
  not further dilute the PCB waste in order to avoid the TSCA PCB
  disposal requirements of 40 CFR 761.60(a)(2)-(5) as part of a
  CERCLA cleanup.