TSCA
The Toxic Substances Control Act (TSCA) regulates the manufacture and sale of chemicals in the United States. TSCA also specifically regulates the use, cleanup, and disposal of several chemical compounds and minerals such as polychlorinated biphenyls (PCBs), dioxins, mercury, and asbestos. TSCA authority is reserved for the Federal Government and is not delegated to the states like other regulatory programs such as the Resource Conservation and Recovery Act (RCRA). As such, any cleanup of regulated compounds such as PCBs must be reported to and approved by the Federal Regional TSCA Director.
In 1998, amendments were made to the TSCA Regulations regarding the management, cleanup, and disposal of PCBs. These regulatory amendments known as the "MegaRule" allow for alternative disposal methods for PCBs if the generator can demonstrate that the proposed disposal method will be at least as protective of human health and the environment as those prescribed by the TSCA Regulations.
TSCA Experience
I have provided consulting support to numerous clients remediating PCBs from various sources. My experience includes characterization of sites in accordance with TSCA analytical and sample frequency requirements, preparation of TSCA cleanup work plans, negotiation with TSCA regulators, and preparation of TSCA remediation reports. Some of the techniques used to limit remediation and/or provide cost-effective cleanup have included:
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Use of field screening equipment to monitor remedial progress and minimize waste volume
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Separating PCB sources based on the type of PCBs present
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Using regulatory provisions of TSCA such as the grandfather date of January 1, 1978
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Identifying alternate disposal options such as waste export to a more cost-effective facility in Canada
I have also performed risk assessments under the MegaRule to dispose of PCBs in an existing RCRA landfill. The site was known to contain PCBs in an uncontrolled disposal area. The facility operated and maintained a RCRA disposal landfill on the property, which, prior to the MegaRule, could not accept PCBs. The risk assessment showed that the risks to human health and the environment were acceptable, and the TSCA Regional Director approved the disposal. This project was the first known successful alternate disposal request approved by the USEPA in the United States.