PCB Workshop No. 2

Presented By;

Oregon Department of Energy

U.S. Environmental Protection Agency

Oregon OSHA

Environmental Control Corporation

Overview PCB Workshop No. 2

EPA answers to workshop 1, questions

Inspection procedures for light fixtures

Removal of PCB containing ballast

Cleaning PCB spills

Verification Sampling

Storage and Transportation of PCB ballast and waste

Managing contractor relations

Oregon OSHA & worker protection

Knowledge of EPA Rules

From Workshop No. 1

Questions?

Hopefully Some Answers

Follow-up – Question 1

Can a School District transport regulated PCBs for the purpose of consolidation as a generator to a School District's storage for disposal facility (SDF) and not be required to obtain a PCB Activity ID # as a transporter ?

An example would be to transport regulated PCBs two to four blocks from one school (building) to the School District's SDF.

See the definition of transport of PCBs under 40 CFR 761.3.

Follow-up – Answer 1

Transporter of PCB waste means, for the purposes of this part, any person engaged in the transportation of regulated PCB waste by air, rail, highway, or water for purposes other than consolidation by a generator.

Follow-up – Answer 1

A PCB activity number is not required for the case that was described here.

The definition of transporter excludes this activity. Unless they (the school district) hires an external contractor to haul the waste offsite, then a transporter ID is not required.

However…

Follow-up – Answer 1

If you are transporting to a consolidation point, you must..

- transport the ballast in a safe and dedicated container

- must label the container “PCB”

- you must have some type of tracking record i.e. work order

- at the consolidation point must retain a batch log

SFD ExampleThis is What EPA wants to see.

Follow-up – Question 2

Is each school within a School District required to obtain a PCB Activity ID # as a generator when the waste is going to be consolidated at the School District's SFD ?

Follow-up – Answer 2

Yes.

Reading the questions 1 and 2 in succession, one is prone to confuse the issue. However, each specific “generator” site needs an ID number. If the generating faculties are in the same contiguous area, they do not need a separate number. Generators applicable to PCB activity notification must generate waste and own or operate a storage facility subject to the storage requirements under 40 CFR 763.65(b).

Follow-up – Question 3

Does each school in that School District need to apply for an individual PCB Activity ID # or should the School District apply for one PCB ID# which covers all the schools in that district ?

Follow-up – Answer 3

For the purpose of transportation for consolidation, an ID is not required.

For generation, the same as stated above in answer No. 2. The school, or school district needs to apply for individual numbers for each facility if the sites are not in the same contiguous area.

Show Notification Form 7710-53

Looking at box number six, right hand side at the mid point of the form.

Follow-up – Question 3

If a School District discovers a single leaking ballast in a classroom can they clean this up under the Spill Cleanup Policy ? Answer:

Only if the spill is discovered within 72 hours of the spill.

Follow-up – Question 4

Are they required to submit a PCB Remediation Plan for Regional review under 40 CFR 761.61(a) for this single ballast ?

Answer:

Yes if they choose 761.61(a) – self-implementing Procedures.

They also may choose 761.61(b) or 761.61(c).

Follow-up - Answer 4

761.61(a) – Self-implementing clean up requires EPA review prior to the clean up. Also qualifies as a Self-disclosure for TSCA violations.

761.61(b) – Performance Based clean-up. Disposal to incinerator and meet the decontamination requirements, i.e. ,10 micrograms per 100 centimeters square for non-pours surfaces. Risk of EPA audit and penalty if found in violation.

761.61(c) – Risk Based clean up and requires an approval from EPA.

Follow-up – Question 5

Do they need to know the time/date of the leaking ballast ?

Answer:

Only for determining whether they can apply the spill clean-up policy.

Follow-up – Question 6

Is this from the point of discovery i.e. the School District has 24 hours to clean-up upon discovery of the leaking ballast ?

Answer:

Within the time of the spill.

Follow-up – Answer 6If you discovered a leaking light ballast you are in violation of TSCA.

You must cleanup the spill immediately and you must either notify EPA under the self-disclosure rule, comply with the performance based rules or the risk based clean up rules.

In any case, you must clean up the spill, do confirmation sampling of the area of the spill and prepare a report and retain that report for three years.

Follow-up – Question 7

If the School District fails to clean up within the 24 hours are they then required to submit a PCB Remediation Plan under 40 CFR 761.61(a) ?

Answer:

If they choose 761.61(a). They can also choose 761.61(b) and 761.61(c).

If you don’t clean up the spill and EPA finds out, you are subject to civil penalties

Follow-up – Answer 7

Follow-up – Question 8

If a School District is planning the remediation of several classrooms are they required to submit a PCB Remediation Plan for Region review under 40 CFR 761.61(a) ?

Answer:

Yes

Follow-up – Question 9Is the School District required to submit a Self-Disclosure under the April 11, 2000 Audit Policy for leaking light ballasts (i.e. improper disposal ) of PCBs?

Answer:

OECA needs to answer this question.

A remediation plan is a self-disclosure.

Follow-up – Question 10

Is a Self-Disclosure required to be submitted by a School District along with a PCB Remediation Plan ?

Answer;

The remediation plan could be interpreted as self-disclosure.

Follow-up - Answer

Inspection of Light Fixtures for PCB’s

Topics Addressed:

Overview of EPA’s Self Audit Policy

What to look for during a PCB inspection

Personal Protective Equipment

Documentation & Visual Identification System

Notification of violations to the EPA

EPA, Self Audit Policy

On December 22, 1995, EPA issued its final policy on “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (60 FR 66,706) (Audit Policy, or Policy). The purpose of the Policy is to enhance protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of Federal environmental law. Benefits available to entities that make disclosures under the terms of the Policy include reductions in the amount of civil penalties and a determination not to recommend criminal prosecution of disclosing entities.

EPA, Self Audit Policy

Overview of Self Audit Policy Requirements concerning PCB’s:

Self-Investigation of any potential violations

Failure to notify of PCB activities Failure to notify of PCB clean-up Present spills in fixtures Improper storage or disposal of PCB’s

PCB Investigation

What to Look For during and inspection of Presumed PCB containing Light Fixtures;

PCB containing ballast present?

Assumption Rule

Leaking (non-intact

Ballast)

Contamination (spill) into the fixture?

Spill or presumed contamination of the

surrounding environment?

PCB Investigation

When PCBs and PCB-contaminated equipment are inspected, inspectors should check for proper labeling that meets requirements.

Inspectors should also look for indications that the equipment may be leaking, such as:

• Oil stains near the equipment

• Weep marks on the equipment

• Smoke, dark haze, shadow, or staining

• Gross physical damage

PCB Investigation

Video Here - SITE SURVEY

PCB Investigation

Procedures for performing an inspection of light fixtures;

Personnel Training Personal Protective Equipment Existing Hazards

Electrical

Fall protection

PCB’s

Documentation / Visual Identification

System of inspection findings

PCB Investigation

Post PCB Investigation Requirements;

Self-disclosure of any violations identified Development of PCB spill remediation plan Notification of PCB Activities TSCA Generator ID Number Development of PCB Operations and

Maintenance Plan (if district will continue to

use PCB containing ballasts)

PCB Investigation

Operations & Maintenance Program Requirements;

Written Program Worker protection training for personnel Emergency response protocols Temporary storage requirements Notification to EPA of any future spills documentation of PCB activities

PCB Investigation

Common Mistakes;

Skipping light fixtures Not detecting and identifying trace

contamination (e.g., lite gray outline of ballast) Inadequate or under developed response

protocols Lack of personal protection equipment

PCB Ballast Removal – General

Topics Addressed:

Worker Training

Protection of Environment

Regulatory Mandates (EPA / OR-OSHA)

Removal and Spill Clean-up

Common Mistakes

Documentation / Record Keeping

PCB Ballast Removal – General

WORKER TRAINING:

For all training requirements pertaining to PCBs

occurring in the course of construction or maintenance

work, the following regulatory standards may apply:

PCB Ballast Removal – GeneralSpecific OSHA requirements contained in;

29 CFR 1910.120 Hazard Communications and 29 CFR 1910.132-139 Personal protective equipment 29 CFR 1910.1200 Hazardous waste operations and emergency response (for spill clean-up)

Specific EPA regulations contained in; 40 CFR Part 761 Polychlorinated Biphenyl's

Specific DEQ regulations contained in; OAR 340-110-0001 Polychlorinated Biphenyl's (PCBs) OAR 340-120-0001 Hazardous Waste Management

PCB Ballast Removal – General

Regulatory Mandates:

PCB Remediation Plan submitted to EPA?

Notification of PCB activities submitted to EPA?

Application for TSCA PCB ID Number submitted?

Proper PCB waste containers available?

Proper PCB labels on hand?

Generator’s PCB storage area in compliance?

PCB Ballast Removal – General

Removal and Spill Clean-up:

It is the District’s responsibility to see that all use,

storage, decommissioning, or disposal of hazardous

materials is performed safely and managed in a way

that conforms to all current regulatory mandates to

protect building occupants and the environment.

PCB Ballast Removal – General

Ballast Removal Procedures:

Protection of environment

Personal Protective Equipment

Proper containers for removed ballast

Physical removal of ballastElectrical lock-out tag-outEnsure ballast is intact (non-leaking)Approved containersDocumentation

PCB Ballast Removal – General

Documentation & Record Keeping:

It is very important when performing the removal of PCB ballasts or the clean-up of PCB spills from light fixtures to provide detailed documentation and record keeping to avoid problems later in the process.

This is especially important when transporting PCB ballasts to a central location for consolidation with other ballasts and tracking the location of the fixture where ballasts were removed.

PCB Ballast Removal – General

Video Here - BALLAST REMOVALPROCESS

PCB Ballast Removal – General

Common Mistakes:

Lack of personal protection equipment

Improper use of personal protection equipment

Improper transportation of ballasts

Improper storage of ballasts before shipping

Ballast RemovalCommon Mistake (PPE?)

Ballast Removal – GeneralThings to Avoid

Ballast Removal – General Things to Avoid

Ballast Removal – General Things to Avoid

Things to Avoid

Ballast Removal – General Things to Avoid

Ballast Removal - General

Procedures for Leaking PCB Ballasts

Removal of Leaking PCB Ballasts• Safety of the worker

• Safety of the Students

• Insure no further spread of contamination

• Clean up the spill

• Proper transporting to a DOT approved container and SDF

• Proper labeling of containers and storage

PCB Ballast Removal – General

PCB Spill Clean-Up – General

Spill Clean-Up Procedures:

Protection of environment (Critical)

Personal Protective Equipment (Critical)

Cleaning chemicals (acetone, TSP, solvent)

Additional containers for cleaning waste

Physical cleaning of fixture

(see next slide for considerations)

PCB Spill Clean-Up – General

Spill Clean-Up Procedures:Important considerations to note during the physical cleaning of a PCB spill from light fixtures.

Cleaning methods (avoid cross contamination)

Tools and Equipment (towels, putty knives, etc)

Generation of PCB contaminated waste

Decontamination verification testing

Documentation / Record Keeping

Video Here - PCB CLEANING ORREMEDIATION

PCB Spill Clean-Up – General

PCB Spill Clean-Up – GeneralCommon Mistakes:

Lack of personal protection equipment

Improper use of personal protection equipment

Improper wiping of item

Failing to perform final wipe

Improper transportation and disposal of cleaning equipment

Verification Sampling

Decontamination Verification Testing:

Worker Training

Tools and Equipment (containers, wipes, chemicals)

Sampling protocols

Number of tests

Documentation (Chain of custody)

Accredited laboratory

Verification Sampling

Video Here - VERIFICATION SAMPLING

Verification SamplingCommon Mistakes:

Lack of personal protection equipment

Improper use of personal protection equipment

Failure to collect sample from previously contaminated area

Failure to send sample to lab within XXXX days

Transporting Ballasts

Transportation - General

What point in the Process

From the classroom to the SDF

Non-Leaking

Leaking

Non-PCB

From the SDF to the Permitted Disposal Facility

Transportation – GeneralCommon Mistake;

Generator Storage Facility

Protection of environment • DOT approved Hazardous waste containers• Stored on impermeable barrier• Spill protection requirements

Hazard Warning Labels / Placards • Proper container labeling• Proper demarcation of storage area

One year temporary storage limit • Out of service date on container

Storage – General Things to Avoid (Improper Storage)

Storage – General Things to Avoid (Improper Storage)

Storage – General Things to Avoid (Ballast soup)

SFD ExampleThis is What EPA wants to see.

Managing Contractor Relations

Consider hiring an environmental consulting firm

Choosing a qualified environmental contractor

Contracts and responsibility concerning PCB’s

SD MUST monitor the electrical contractor’s work

SD MUST correct problems

SD MUST obtain receipts of required

documentation

The following are some important considerations which should be addressed by the district when hiring outside labor concerning the removal of PCB ballasts or PCB spill remediation.

References

FYI. Published by California DTSC.

http://www.dtsc.ca.gov/PolicyAndProcedures/Schools/SM_POL_PCB_Schools.pdf

To OR-OSHA Slides