PCB Disaster Waste Cleanup Guidance for Omaha (Elkhorn/Bennington) Tornadoes

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Introduction

On Sunday April 28, 2024, Governor Jim Pillen declared a state of emergency in Douglas, Lancaster, and Washington counties due to conditions associated with tornadoes in Omaha. The National Weather Service issued 42 tornado warnings on April 26, 2024, for southeast Nebraska. Nine confirmed to have touched down, with four rated as Enhanced Fujita 3s (EF3s). One such tornado and associated weather caused major damage to the Omaha (Elkhorn/Bennington) area with significant impacts to electrical utility assets, including regulated PCB-Contaminated Electrical Equipment, resulting in releases of PCBs. In light of the current and anticipated effects of the Omaha Tornadoes, EPA Region 7 is providing this guidance on the cleanup and disposal of PCB-containing waste generated during and resulting from the Omaha Tornadoes.

This guidance applies to PCB remediation wastes, which are wastes containing PCBs as a result of spills, releases, or other unauthorized disposals, with specified limitations on PCB concentrations and disposal dates. PCB remediation wastes include, but are not limited to, contaminated environmental media, such as soil and gravel, and buildings and other man-made structures, such as concrete floors, wood floors, and walls contaminated from leaking transformers containing PCBs at or over 50 ppm (40 CFR Section 761.3). Responsible parties have the option of using either the Spill Cleanup Policy (an enforcement policy under 40 CFR Part 761, Subpart G) or the PCB remediation waste cleanup and disposal regulations under 40 CFR Section 761.61 to clean up and dispose of PCB remediation waste, as applicable.

This guidance also addresses PCB bulk product wastes, defined as wastes derived from manufactured products containing PCBs in a non-liquid state, including non-liquid bulk wastes or debris from the demolition of buildings and other man-made structures manufactured, coated, or serviced with PCBs (with certain exceptions) and PCB-containing construction materials such as caulking, dried coatings, adhesives, and insulation, among other materials (40 CFR Section 761.3).

Cleanup under the Spill Cleanup Policy

The PCB Spill Cleanup Policy is intended for recent spills of liquid PCBs of 50 ppm or greater. Under the Policy, the concentration of PCBs used for determining cleanup and disposal obligations is the PCB concentration in the material spilled as opposed to the concentration of PCBs in the material onto which the PCBs were spilled (i.e., the as-found concentration). However, EPA Region 7 found that 40 CFR Section 761.120(a)(4) provides flexibility to modify this provision of the PCB Spill Cleanup Policy based on the exceptional spill situations expected to be caused by the Omaha Tornadoes, namely, the impracticability of cleanup based on source concentration when it is not possible to locate the source of the spill at a site or otherwise readily determine the source’s PCB concentration.

Region 7 also believes that it will be important for responders to be able to rapidly mitigate exposures and potential risks from PCB spills, and the Region found that, given the likely need for responders to quickly address a number of emergency-related situations in a compressed timeframe, exposure and risk could be increased if cleanup is delayed in attempting to identify the concentration of the source of the spill. So, cleanup and disposal of PCB wastes based on the as-found concentrations in the spill materials is permissible for actions taken directly in response to conditions caused by the Omaha Tornadoes when it is not possible to readily determine the spill source concentration at a site. This modification to the Spill Cleanup Policy may only be used on spills caused by the conditions resulting from the Omaha Tornadoes.

In addition to other applicable limitations, the Policy generally requires that specific actions be taken within 24-48 hours after the responsible party was notified or became aware of the spill. However, when the Policy is used for cleanup activities in response to the Omaha Tornadoes, cleanups may occur beyond the specified time period as circumstances require for the duration of the adverse conditions (refer to 40 CFR Sections 761.125(b)(2) and 761.125(c)(1)).

The PCB Spill Cleanup Policy requires the boundaries of a spill to be determined using a statistically based sampling scheme when there are insufficient visible traces of the spill but there is evidence that a spill or leak has occurred. Responsible parties should consult the existing guidance "Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup."

The PCB Spill Cleanup Policy specifies spill cleanup levels and also requires that “all concentrated soils, solvents, rags, and other materials resulting from the cleanup of PCBs under this policy shall be properly stored, labeled, and disposed of in accordance with the provisions of subpart D of this part,” including 40 CFR Section 761.61. Refer to 40 CFR Section 761.125(a)(2).

Cleanup under 40 CFR Section 761.61

The cleanup and disposal options for PCB remediation waste listed under 40 CFR Section 761.61 are also available to responsible parties cleaning up after the Omaha Tornadoes. Per the regulations, responsible parties conducting cleanups under 40 CFR Section 761.61 are allowed to implement temporary emergency measures to prevent, treat, or contain further releases or mitigate migration to the environment of PCBs or PCB remediation waste. A responder may lawfully take emergency measures in the context of a cleanup that would otherwise not be in full compliance with generally applicable PCB remediation waste requirements, such as the 30-day advance requirement for notifications under 40 CFR Section 761.61(a).

PCB remediation wastes must be cleaned up and disposed of in accordance with self-implementing, performance-based, or risk-based requirements in 40 CFR Section 761.61 and must be cleaned up and disposed of based on the as-found concentration of the waste. For example, when cleaning up a spill of PCB-contaminated electrical equipment, the responsible party must clean up and dispose of soil and debris contaminated with PCB-containing oil based on the as-found concentration of PCBs. The concentration of bulk PCB remediation waste (such as soil) that is stockpiled while implementing temporary emergency measures to prevent, treat, or contain further releases or mitigate migration to the environment prior to characterization may be calculated based on a representative sample of excavated wastes (e.g., waste placed in a roll-off container or pile), as opposed to in-situ sampling.

If the responsible party has bulk PCB remediation waste to dispose of, but does not wish to sample it, the responsible party must assume it contains greater than or equal to 50 ppm PCBs (Section 761.61(a)(5)(i)(B)(2)(i)) and send it to a hazardous waste landfill permitted under the Resource Conservation and Recovery Act or a PCB disposal facility approved under 40 CFR Part 761, such as a Toxic Substances Control Act chemical waste landfill (Section 761.61(a)(5)(i)(B)(2)(iii)).

PCB Bulk Product Waste Reinterpretation

In October 2012, EPA issued the PCB bulk product waste reinterpretation, which provides for building materials coated or serviced with PCB bulk product waste (e.g., caulk, paint, mastics, sealants) at the time of designation for disposal to be managed as PCB bulk product waste, even if the PCBs have migrated from the overlying bulk product waste into the substrate, provided there is no other source of PCB contamination on or in the substrate. The time of designation for disposal is the time the material is considered to be a waste (e.g., prior to building demolition). The PCB bulk product waste reinterpretation may provide for building materials coated or serviced with PCB bulk product waste in buildings that sustain storm damage to be managed as PCB bulk product waste. The reinterpretation accounts for the possibility that, during a cleanup or demolition, PCB bulk product waste could separate from the contaminated building material before all of the waste is physically placed in the final disposal facility. However, if the PCB material has already been removed or flaked off at the time of designation for disposal, the building material will be deemed a PCB remediation waste.

PCB bulk product waste may be disposed of in non-hazardous waste landfills as permitted by states. Disposal under this option does not require EPA approval. However, EPA recommends that you check state regulations, which may prohibit or limit disposal of PCB bulk product waste in solid waste landfills. EPA also recommends that you determine prior to shipment that the landfill is willing and able to accept the PCB waste. Anyone sending PCB bulk product waste to a non-hazardous waste landfill permitted by a state must send written notice to the landfill prior to shipment of the waste stating that the waste contains PCBs at greater than 50 ppm (refer to 40 CFR section 761.62(b)(4)(ii)).

Disaster Debris Recovery Tool

EPA developed an interactive mapping tool of 12 types of recyclers and landfills that manage disaster debris. The tool can be used by disaster response, recovery and planning experts to advance the safe recovery, recycling, and disposal of disaster debris.

Contact Information

Please contact Annah Murray, Region 7 PCB Coordinator, with any questions at [email protected] or (913) 551-7413.

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Last updated on June 4, 2024