PCBs
PCBs practice requires that we address issues on behalf of our clients that include:
- Providing advice to clients regarding regulatory compliance with PCB regulations and permits
- Facilitating and coordinating TSCA permitting
- Providing advice to clients regarding PCB remediation, decontamination and concentration determinations
- Defense of administrative or civil enforcement actions related to PCBs issued or instituted by the EPA
- Defense of civil actions instituted by the U.S. Department of Justice related to PCBs after referral of administrative enforcement actions by the U.S. EPA
PCB matters in which the firm has or attorneys with the firm have been involved include the following:
- Performed regulatory analysis and provided advice to a fuel blending facility in regards to the blending of used transformer oil generated in California containing less than 50 ppm PCBs.
- Daily responsibilities for ensuring TSCA compliance at a large inorganic and organic chemical manufacturing facility, a large styrene and ethylene manufacturing facility and a commercial hazardous waste treatment, disposal and storage facility
- Responsible for the preparation of applications for and securing modifications to USEPA TSCA Storage Permit
- Managed generation, disposal and storage of PCB and PCB contaminated fluids and transformers
PCBs or Polychlorinated biphenyls are a group of synthetic organic chemicals that have 209 possible individual chlorinated biphenyl compounds. These chemically related compounds are called congeners and they vary in their chemical and physical properties and toxicity. There are not any known natural sources of PCBs.
Before 1974, PCBs were used in capacitors, plasticizers, transformers, surface coatings, inks, adhesives, carbonless duplicating paper, and pesticide extenders. PCBs have been used as lubricants and coolants in transformers, capacitors, and other electrical equipment because they do not burn easily and are good insulators. After 1974, use of PCBs was restricted to the production of transformers and capacitors, and after 1979 PCBs were no longer used in the production of transformers and capacitors.
Although banned in the United States from further production in 1979, PCBs are widely distributed in the environment due to their persistence and widespread use. PCB mixtures found in the environment are different from commercially produced PCB mixtures (known as Aroclors in the U.S.) because of differences in chemical properties, bioaccumulation, and persistence among the different congeners. The manufacture of PCBs was stopped in the U.S. in 1979 due to evidence that they build up in the environment and can result in harmful health effects. Products made before 1979 that possibly contain PCBs include old fluorescent lighting fixtures and electrical devices containing PCB capacitors, and old hydraulic and microscope oils.
At present, the major source of PCBs is environmental reservoirs from past releases. PCBs have been detected in surface water, soil, air, sediment, animal tissue, and plants in all regions of the earth. PCBs are highly persistent in the environment with reported half-lives in sediment and soil ranging from months to years. Because PCBs have extremely low solubility in water and low volatility, most PCBs are contained in sediments that serve as environmental reservoirs from which they may continue to be released over a long period of time. If disturbed, PCBs may be mobilized from sediments (e.g., flooding, dredging).