Neil Carman 04/03/2008 03:14 AM To rcra-docket@epa.gov cc bcc Subject EPA's Program on Persistent, Bioaccumulative and Toxic Chemical Program Sierra Club April 3, 2008 Stephen Johnson Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 Resource Conservation and Recovery Act (RCRA) Docket Center Via electronic submission at Docket ID No.: EPA-HQ-RCRA-2008-0123 Re: EPA's Program on Persistent, Bioaccumulative and Toxic Chemical Program Dear Administrator Johnson: The Sierra Club is submitting additional public comments on the EPA's Proposed TSCA Import Exemption rule for Veolia to import up to 40 million pounds of PCBs for incineration include a copy of the EPA's website on its Persistent, Bioaccumulative and Toxic (PBT) Chemical Program. The PBT information is being submitted to the Docket on Veolia's PCB import request because incineration of PCBs runs completely counter to the EPA's PBT Chemical Program to reduce PBTs including Polychlorinated Biphenyls in the nation. For example, the EPA's PBT Chemical Program emphasizes below: EPA is committed to protecting children and women of child-bearing years from exposure to PBTs, and reducing the concentration of PBTs in our environment. The Second Annual PBT Accomplishments Report http://www.epa.gov/pbt/pubs/resources.htm#PBT%20Contacts In a November 2001 EPA report, The Second Aunual PBT Accomplishments Report, the agency emphasizes progress and accomplishments as being organized around 4 primary goals: * preventing the introduction of new PBTs into the marketplace * reducing risk to human health and the environment from exposure to priority PBTs already in the environment * halting the transfer of PBTs among air, water and land * assessing PBTs long-term effect on the environment Primary goal #3 "halting the transfer of PBTs among air, water and land" is inconsistent with large-scale incineration of PCBs that promotes stack releases of unburned PCBs on a significant scale, incineration which released 1,933 pounds of PCBs in 2006 from the Veolia hazardous waste/TSCA incinerator at Port Arthur, Texas. How much is 1933 pounds of Polychlorinated Biphenyls in micrograms? Calculating PCBs as grams using 453.6 grams per pound, the 1,933 pounds in 2006 from Veolia's Port Arthur incinerator equals 876,808.8 grams. Since PCBs are toxic on a lower concentration value well below the gram concentration level, 876,808.8 grams in milligrams becomes 876,808,800 milligrams. However, PCBs are toxic even below the milligram level and so 876,808,800 milligrams becomes 876,808,800,000 micrograms. The PCB number in 2006 for Veolia's incinerator from 1933 pounds into 876.8 billion micrograms is about 2,922.696 micrograms of PCBs for every single citizen in the US using 300 million as the population number. Exposing millions of new infants and the unborn fetus to newly released PCBs in 2006 of 876.8 billion micrograms is unconscionable and unethical. It's totally against the EPA's PBT Chemical Program of the last decade since EPA is allowing the releases of significant quantities of unburned PCBs at Veolia's Port Arthur TSCA permited hazardous waste incinerator. Polychlorinated Biphenyls (PCBs) http://www.epa.gov/pbt/pubs/pcbs.htm What are Polychlorinated biphenyls (PCBs)? There are no known natural sources of PCBs in our environment. PCBs are either oily liquids or solids, are colorless to light yellow, and have no smell or taste. Because they do not easily burn and are good insulators, PCBs have been used widely as coolants and lubricants. PCBs are persisten, bioaccumulative and toxic (PBT) pollutants that have been targeted by EPA. Why Are We Concerned About PCBs? PCBs do not break down in our environment and can have severe health effects on humans. PCBs in the air eventually return to our land and water by settling or from runoff in snow and rain. In our water, PCBs build up in fish and can reach levels hundreds of thousand of times higher than the levels in water. Fish consumption advisories are in effect for PCBs in all five of the Great Lakes. PCBs are the leading chemical risk from fish consumption. What harmful effects can PCBs have on us? * Probable human carcinogen * Damages the stomach * Skin irritation * Liver and Kidney damage * Thyroid gland injuries How are we exposed to PCBs? * By eating contaminated fish and shellfish * Infants may be exposed through breast milk * Unborn children may exposed while in the womb * May be in milk, meat, and their by-products * Breathing indoor air in buildings where electrical equipment contains PCBs Where can PCBs be found? Manufacturing of PCBs stopping in the Unites States in 1977 because they were found to build up in our environment and cause harmful effects. However, we can still find them in our environment, especially in our lakes, rivers, and streams. Current uses: * Municipal and industrial incinerators from the burning of organic wastes Potential Sources to our Environment: * Poorly maintained hazardous waste sites containing PCBs * Illegal/improper dumping of PCB wastes such as transformer fluids * Leaks or releases from electrical transformers containing PCBs * Improper disposal of PCB-containing consumer products * Old microscope oil and hydraulic fluids * Old T.V.'s and refrigerators, lighting fixtures, electrical devices, or appliances containing PCB capacitators made before 1977. * Sediments in the bottom of lakes, river, or our ocean constantly release small amounts of PCBs into the environment. *** Home page: Persistent, Bioaccumulative and Toxic (PBT) Chemical Program http://www.epa.gov/pbt/ The EPA is forging a new approach to reduce risks from and exposures to priority PBT chemicals through increased coordination among EPA national and regional programs. This PBT chemicals program has been established to overcome the remaining challenges in addressing priority PBT pollutants. EPA is committing, through this program, to create an enduring cross-office system that will address the cross-media issues associated with priority PBT pollutants. Linking to the menu choices will show you the following information on this site: 1) About PBTs: What is a PBT chemical and why do they attract special attention? Look here for background information, a factsheet, and frequently asked questions about PBTs. Also find the Annual PBT Chemicals Program Accomplishments Report. http://www.epa.gov/pbt/pubs/aboutpbt.htm General Information PBT pollutants are chemicals that are toxic, persist in the environment and bioaccumulate in food chains and, thus, pose risks to human health and ecosystems. The biggest concerns about PBTs are that they transfer rather easily among air, water, and land, and span boundaries of programs, geography, and generations. Background Information http://www.epa.gov/pbt/pubs/background.htm On November 16, 1998, the U.S. Environmental Protection Agency (EPA) released its Agency-wide Multimedia Strategy for Priority Persistent, Bioaccumulative, and Toxic (PBT) Pollutants (PBT Strategy). The goal of the PBT Strategy is to identify and reduce risks to human health and the environment from current and future exposure to priority PBT pollutants. To attain this goal, EPA has identified several guiding principles: * Address problems on multimedia bases through integrated use of all Agency tools * Coordinate with and build on relevant international efforts * Coordinate with relevant Federal programs and agencies * Stress cost-effectiveness (e.g., amount of PBT removed for dollar spent) * Involve stakeholders * Emphasize innovative technology and pollution prevention * Protect vulnerable sub-populations * Base decisions on sound science * Use measurable objectives and assess performance The PBT Strategy outlines an approach to achieving PBT risk reductions which includes the development and implementation of national action plans for priority PBT pollutants. These action plans will draw upon the full array of EPA's statutory authorities and national programs, building on work initiated under the Great Lakes Binational Toxics Strategy and using regulatory action where voluntary efforts are insufficient. The action plans will consider enforcement and compliance, international coordination, place-based remediation of existing PBT contamination, research, technology development and monitoring, community and sector-based projects, the use of outreach and public advisories, and opportunities to integrate efforts across chemicals. The Persistent, Bioacculumative and Toxics (PBT) Program is a main focus of the EPA's MultiMedia and Pollution Prevention (M2P2) Forum, composed of senior EPA management officials. The first 12 PBTs were identified from the 12 level 1 substances from the U.S. Binational Toxics Strategy (BNS): aldrin/dieldrin, benzo(a)pyrene, chlordane, DDT and its metabolites, hexachlorobenzene, alkyl-lead, mercury and its compounds, mirex, octachlorostyrene, PCBs, dioxins and furans, and toxaphene. Many of these were used as pesticides and have already been banned. However some, such as mercury, are still in use today. *** Fact Sheet http://www.epa.gov/pbt/pubs/fact.htm Multimedia Strategy For Priority Persistent, Bioaccumulative, and Toxic (PBT) Chemicals The Problem Persistent, bioaccumulative, and toxic pollutants (PBTs) are highly toxic, long-lasting substances that can build up in the food chain to levels that are harmful to human and ecosystem health. They are associated with a range of adverse human health effects, including effects on the nervous system, reproductive and developmental problems, cancer, and genetic impacts. EPA's challenge in reducing risks from PBTs stems from the pollutant's ability to travel long distances, to transfer rather easily among air, water, and land, and to linger for generations in people and the environment. EPA is committed to protecting children and women of child-bearing years from exposure to PBTs, and reducing the concentration of PBTs in our environment. The populations at risk, especially to PBTs such as mercury, dioxins, and Polychlorinated Biphenyls (PCBs), are children and the developing fetus. EPA's challenge in reducing risks from PBTs stems from the pollutants' ability to travel long distances, to transfer rather easily among air, water, and land and to linger for generations in people and the environment. The populations at risk, especially to PBTs such as mercury, dioxins and PCBs are children and the developing fetus. Although, over the years much work has been done to reduce the risk associated with these chemicals, the nation still finds them in its fish supply. The total number of advisories in the United States increased by 80% from 1993 to 1997 and the number of waterbodies under advisory increased from 1,278 to 2,299. Only 17 States and territories have stayed at the same level or have had a decrease in the number of advisories since 1993. In the other 38 states, advice to restrict or avoid eating the fish have increased. Six states have increased advisories more than 30% and 13 states had added statewide advisories applying to all fresh water, all coastal waters, or both. All of the substances that are causing the advisories are PBTs. While some may argue that a part of this increase may be due to the fact that the states are doing a better job of monitoring and setting protective levels, the facts are clear that we have much work ahead of us to reduce the risks of these PBT chemicals. 1) About PBTs http://www.epa.gov/pbt/pubs/aboutpbt.htm PBT pollutants are chemicals that are toxic, persist in the environment and bioaccumulate in food chains and, thus, pose risks to human health and ecosystems. The biggest concerns about PBTs are that they transfer rather easily among air, water, and land, and span boundaries of programs, geography, and generations. Annual Accomplishments Reports 2001-2002 The third in the annual series, "Breaking the Cycle - PBT Program Accomplishments Report 2001-2002" outlines the successful actions and ongoing investments by EPA's PBT Program. This report describes successes of the PBT Program that cut across a broad spectrum of activities including pollution reductions; filling PBT data gaps; collaborative efforts with private, governmental and international partners; and developing further strategic approaches for reducing releases and exposures to priority PBTs. 2000 The Second Annual Edition of the EPA's Agency-wide Multimedia Persistent, Bioaccumulative, and Toxic Pollutants effort, the 2000 PBT Program Accomplishments Report [PBT] is available online. (1,700 KB) The 2000 accomplishments report is organized around 4 primary goals: * preventing the introduction of new PBTs into the marketplace * reducing risk to human health and the environment from exposure to priority PBTs already in the environment * halting the transfer of PBTs among air, water and land * assessing PBTs long-term effect on the environment. 1999 The First Annual 1999 Accomplishments Report of the EPA's Agency-wide Multimedia Persistent, Bioaccumulative, and Toxic Pollutants Initiative. 2) PBT Strategy: Review EPA's multimedia agency-wide strategy for addressing PBT chemicals. http://www.epa.gov/pbt/pubs/pbtstrat.htm A Multimedia Strategy for Priority Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Prepared by: The USEPA Persistent, Bioaccumulative and Toxic Pollutants (PBT) Plenary Group and The USEPA Office Directors Multimedia and Pollution Prevention Forum November 16, 1998 3) PBT Action Plans: Review EPA's national action plans for the priority PBT chemicals. http://www.epa.gov/pbt/pubs/epaaction.htm 4) Priority PBT Profiles: Find here the list of priority PBT chemicals for which the Agency is developing national action plans. As chemicals are added to this priority list, they can be found here. Each chemical also has a short chemical profile. http://www.epa.gov/pbt/pubs/cheminfo.htm Priority PBT Profiles This is a listing of the priority PBTs currently being addressed under the PBT initiative. Under most chemicals there are chemical profile fact sheets and action plans. Action plans for all the chemicals will be added as they are developed. The initial page for each chemical has some basic background information about the chemical. Aldrin/dieldrin, Chlordane, DDT, Mirex, and Toxaphene's action plans all fall under the pesticide action plan. For mercury, the link provides access to the chemical profile found on the Agency's mercury website. * aldrin/dieldrin * mercury * benzo(a)pyrene * mirex * chlordane * octachlorostyrene * DDT, DDD, DDE * PCBs * hexachlorobenzene * dioxins and furans * alkyl-lead * toxaphene 5) PBTs and You: Here you will find information or links to resource material that may contain information about PBTs in your state or community. http://www.epa.gov/pbt/pubs/pbtsandyou.htm BTs may be affecting your health and the health of your community. If you have specific questions or need information about PBTs in your state or community, we can offer you several sources of information. First, if you are seeking information on chemical releases to the environment from industries in your area, please refer to EPA's Toxic Release Inventory (TRI). The TRI is a valuable source of information about toxic chemicals that are being used, manufactured, treated, transported, or released into the environment. Second, your state may maintain records of fish consumption advisories. These are notices to you, the consumer, of fish contamination and a warning to refrain from consumption of contaminated fish. These advisories are captured in the Fish and Wildlife Consumption Advisories Database. This database includes all available information describing state, tribal, and federally issued fish and wildlife consumption advisories in the United States for the 50 states, the District of Columbia and four US territories and has been expanded to include the 12 Canadian provinces and territories. The data base contains information provided to EPA by the states, tribes and Canada as of December 1997. Third, if you have products or think you have products that contain PBT chemicals and require information on how to dispose of them properly, please contact your local state health or environmental agency or your EPA regional official. Your state may operate "clean sweeps" programs which have been established to help citizens and businesses dispose of chemicals safely. The following states have "clean sweeps" programs: * Kentucky Exit Disclaimer * Maine Exit Disclaimer * Maryland Exit Disclaimer * Massachusetts Exit Disclaimer * Michigan Exit Disclaimer * Minnesota Exit Disclaimer * Nevada Exit Disclaimer * North Carolina Exit Disclaimer * South Dakota Exit Disclaimer * Tennessee Exit Disclaimer * Texas Exit Disclaimer * Vermont Exit Disclaimer 6) Resources: Here you will find links to other PBT-related activities ongoing within EPA and in the states. Also find a list of PBT-related technical meetings and symposia as well as a listing of state and federal PBT Chemicals Program representatives. http://www.epa.gov/pbt/pubs/resources.htm This page is a clearinghouse of direct links to Web sites that contain useful resources on a variety of PBT topics. * Related EPA Programs * Partnership with Healthcare * Meetings/Technical Symposia * State Programs * Articles * PBT Contacts Related EPA Programs EPA's Mercury Site This mercury site provides a broad range of information: actions by EPA and others, including international actions; effects on people and the environment; and how to protect you and your family. Great Lakes National Program Office US EPA's Great Lakes National Program Office (GLNPO) brings together Federal, state, tribal, local, and industry partners in an integrated, ecosystem approach to protect, maintain, and restore the chemical, biological, and physical integrity of the Great Lakes. The Virtual Elimination Strategy One of US EPA's approaches for addressing PBTs in the environment refers to programs designed to "virtually eliminate" selected pollutants; in other words, to prevent any new releases into the environment from all pathways (land, air, and water) and to eliminate the use of these target compounds wherever possible to minimize future release. Great Lakes Binational Strategy In keeping with the obligations of the Great Lakes Water Quality Agreement, Canada and the United States on April 7, 1997, signed the "Great Lakes Binational Toxics Strategy: Canada-United States Strategy for the Virtual Elimination of Persistent Toxic Substances in the Great Lakes". This Strategy seeks percentage reductions in targeted persistent toxic substances so as to protect and ensure the health and integrity of the Great Lakes ecosystem. Binational Toxics Strategy Mercury Workgroup The Binational Toxics Strategy Mercury Workgroup web site contains information about the workgroup (reports, meetings, partners, funding opportunities), about the impact of mercury on human health and the environment, the behavior of mercury in the environment, and, about reducing mercury, whether through regulation or through sector-specific voluntary activites Toxic Release Inventory The Toxics Release Inventory (TRI), published by the US EPA, is a valuable source of information about toxic chemicals that are being used, manufactured, treated, transported, or released into the environment. Using this information, citizens, businesses, and governments can work together to protect the quality of their land, air, and water. Waste Minimization National Plan To encourage waste minimization nationwide, the US EPA developed a Waste Minimization National Plan. This initiative promotes a long-term national effort to minimize the generation of hazardous chemicals in waste regulated under the Resource Conservation and Recovery Act (RCRA). National Listing of Fish Consumption Advisories In order to make the public aware of fish consumption advisories, the US EPA has set up this site to act as a data base for advisories as well as other resources including manuals on fish surveys and whether to eat fish or not. ____________________________________________________________________ http://www.epa.gov/pbt/pubs/resources.htm#PBT%20Contacts Meetings/Technical Symposia Conference explores opportunities for "Breaking The Mercury Cycle" A conference was jointly sponsored by EPA's Office of Research and Development and the Northeast Waste Management Officials' Association (NEWMOA) on April 24-26, 2002 that explored the technical alternatives for long-term mercury management and retirement. Papers and other documents associated with that meeting may be accessed at www.newmoa.org/Newmoa/htdocs/prevention/mercury/breakingcycle/toc.cfm Exit Disclaimer PBT Monitoring Strategy Workshop The PBT Program's Monitoring Workgroup is developing of a comprehensive Strategy for Routine Monitoring of PBTs. On April 22-24, 2002 EPA and several other organizations sponsored a very successful public Workshop in Raleigh North Carolina. The purpose of the Workshop was to explore with various governmental organizations and stakeholders how to build upon existing monitoring capacity and infrastructure in order to support mutual interests and needs for environmental data on PBTs. Presentations in PowerPoint made at the Workshop are available for downloading. You may also download a PowerPoint Viewer if needed. Warning: Some of these are extremely large files. Day One Presentations (PowerPoint files) 1. Setting the Context (Murray) [5.9 MB] 2. PBT Strategy (Foley) [53 KB] 3. Individual Program Manager Perspective (Hulting) [144 KB] 4. CEC Perspective (McKay) [182 KB] 5. NOAA Presentation (Artz) [5.8 MB] 6. NOAA (Hameedi) [1.5 MB] 7. USGS Perspective (Gerould) [8.4 MB] 8. CDC Presentation (Needham) [4.8 MB] 9. Alaska Deposition (Chin) [510 KB] Day Two Presentations (PowerPoint files) 1. PBT MS Process (Watkins) [52 KB] 2. Monitoring Program Inventory (Watkins) [198 KB] 3. Draft Questions and Objectives (Hopkins-Ackerman) [114 KB] 4. Hg Conceptual Model (Hulting) [443 KB] 5. Dioxin Conceptual Model (Winters) [5.1 MB] 6. PCB Conceptual Model (Hulting) [637 KB] 7. PBT Analyses (Watkins) [48 KB] 8. Monitoring and Modeling Analysis (Bortnick) [3.4 MB] 9. PBT Monitoring Strategy Outline (Hulting) [50 KB] 10. BFR Presentation (Devito) [608 KB] 11. Role of Modeling (Cohen) [16 MB] 12. GIS Mapping (Hearn) [27 MB] *** Sincerely, Neil J. Carman, Ph.D. Clean air program director Lone Star Chapter of Sierra Club 1202 San Antonio Street Austin, Texas 78701 tel: 512-472-1767 fax: 512-477-8526 Neil_Carman@greenbuilder.com