PCB REGULATIONS

PCBS are regulated primarily by EPA, under the Toxic Substances Control Act (TSCA) and the regulations at 40 CFR Part 761 et seq.  For the most part, introduction of new PCB product and use of products and equipment containing PCB are banned by the regulations.  However, the continued use of many old transformers and capacitors is allowed, subject to storage regulations.  These regulations require periodic inspections for leaks and condition of equipment.    EPA regulations also include stringent requirements for the remediation of historic PCB contamination in building surfaces and soils. 

Unduly narrow interpretation of EPA PCB regulations can result in prohibitively expensive remedial actions   associated with building demolition and redevelopment.   Appropriate regulatory advice by counsel, coupled with EPA negotiation where necessary, can prevent these regulations from creating infeasible construction performance standards.  

• Representation of site owner in remediation of historic PCB contamination in accordance with applicable EPA TSCA regulations

• Representation of manufacturer in EPA penalty assessment   following inspection of transformers containing PCBS;

• Advised construction contractor on regulatory and contract obligations for disposal of PCB transformers at Brownfield redevelopment site;