Counsel for AGA and USWAG met with EPA leadership on Feb. 14, 2013 to discuss a disturbing development regarding an assertion by EPA Region 5 related to the meaning of the term “potential source” as used in the PCB regulations for natural gas pipeline systems. The scope of this term is important, because the PCB use authorization regulations impose more requirements on pipeline systems containing a “potential source” than on those that lack a “potential source” of PCBs. We were concerned that EPA Region 5 was attempting to revise the meaning of this term, in direct conflict with long-standing EPA interpretive guidance. As noted in our Feb. 22 letter following up on the meeting, we were pleased that EPA agreed with us and confirmed that the Agency continues to follow the interpretation of the term “potential source” set forth in EPA’s PCB Question and Answer Manual (“Q&A Manual”), which expressly limits the scope of this term. A copy of relevant guidance text is attached to the letter.
AGA-USWAG Follow-up Letter