USWAG-AGA Comments on EPA Draft Guidance for Sampling Non-Liquid PCBs (March 29, 2013)
AGA joined in comments filed by the Utility Solid Waste Activities Group (USWAG) on EPA s Draft Guidance describing how ship owners and operators should sample PCBs in non-liquids such as paint, caulk and plastics. While gas and electric utilities usually do not own or operate ships, the guidance could have much broader implications. Notably, this appears to be the first time EPA has developed guidance on how to sample non-liquid PCBs, which can appear in a wide range of industrial and commercial products used in buildings and equipment manufactured before 1979, when the manufacture of PCB products was banned pursuant to the Toxic Substances Control Act (TSCA). The USWAG-AGA comments note that the guidance conflicts in many respects with EPA s existing PCB regulations, and that the guidance should be revised to be consistent with the regulations. In particular, EPA should eliminate any suggestion that a ship owner or operator must assume the presence of PCB contamination other than in an export for disposal context. In addition, EPA should clearly state that there is no such assumption in the domestic disposal context.