PCBs in Building Materials

New Hampshire Regulatory

Considerations
H. Keith DuBois
Waste Management Division
New Hampshire DES
 PCBs in Building Materials
New Hampshire Regulatory
Considerations

H. Keith DuBois
Waste Management Division
Purpose

Summarize NH’s Regulatory Position and

Experience Relative to PCBs in Building
Materials
Regulatory Programs

 TSCA – federal program

 RCRA C – hazardous waste
management
 Solid waste management – RCRA D
 Contaminated site management
 Brownfields
 Most PCB issues are addressed under
TSCA with no delegation of authority to
the State.
 There are no state regulations that
address PCBs in building materials that
are in place (i.e. serving their original
purpose).
RSA 147-a & Env-Hw 100-1100
Hazardous Waste Rules
Does not address PCBs other than used waste
oil with total PCB concentration <50 mg/Kg.

Contact John Duclos, 603-271-1998,

john.duclos@des.nh.gov
RSA-149-M & Env-Sw 100-2100
Solid Waste Rules
Rules reference 40 CFR 258
 Subpart C—Operating Criteria
 § 258.20 Procedures for excluding the receipt of hazardous
waste.
 (a) Owners or operators of all MSWLF units must implement a
program at the facility for detecting and preventing the disposal
of regulated hazardous wastes as defined in part 261 of this
chapter and polychlorinated biphenyls (PCB) wastes as
defined in part 761 of this chapter. This program must include,
at a minimum:
 (1) Random inspections of incoming loads unless the owner or
operator takes other steps to ensure that incoming loads do not
contain regulated hazardous wastes or PCB wastes.
 (2) Records of any inspections.
 (3) Training of facility personnel to recognize regulated hazardous
waste and PCB wastes.
Env-Sw 100-2100 Solid Waste
Rules
 Env-Sw 810.04 On-site Asphalt and
Masonry Debris Landfills.
 Asphalt and masonry debris buried at the waste
generation site pursuant to Env-Wm 2510.04 as
effective on October 29, 1997 shall not be required to
be removed provided that:
 (b) The buried waste does not include any materials
or substances that have the potential to leach
contaminants to groundwater or surface water or to
emit pollutants to the air, including lead paint,
asbestos or chemicals;
Solid Waste Management

 Contact Mike Guilfoy, 603-271-6467,

michael.guilfoy@des.nh.gov
Env-Or 600 Contaminated Site
Management
 Does not regulate PCBs in building materials
 Regulates cleanup of PCB-contaminated soils
– defers to TSCA, NHDES works with EPA
 Soil Cleanup Criteria similar to TSCA
 Generally applies to soils with PCB
concentrations <50 mg/kg.
 Contact John Regan, 603-271-3744,
john.regan@des.nh.gov
Brownfield Program

 Broader ability to deal with contaminants

in building materials
 Limited number of projects compared to
universe of sites with potential for PCBs
in building materials
 Contact Keith DuBois, 603-271-4978,
keith.dubois@des.nh.gov
Brownfields PCB Experience

 Cote Block Building

 > 60 formulations of paint
 Up to 7 layers of wallpaper (most painted)

 138 samples analyzed

 92 samples > 1 mg/kg

 10 samples > 50 mg/kg

 8 samples > 100 mg/kg

Cote Block

 Paint <1 mg/kg to 640 mg/kg

 Unpainted Wall Paper <1 mg/kg to 2 mg/kg
 Window Glazing <1 mg/kg up to 4 mg/kg
 Estimated remediation cost = $630,000
PCB Assessment Record

 PCB sampling of building materials completed

at six sites.
 PCBs detected at five sites within paint
formulations
 PCBs detected in paint at concentrations
above 1 mg/kg at a 5 sites.
 PCBs detected in paint at > 50 mg/kg at 1 site
Lessons Learned

 If you sample for it you will likely find it.

 Characterization is more expensive than one would
think.
 Remediation could be complex.
 Don’t underestimate the importance of a good
consultant with significant PCB experience.
 Investing in thorough cleanup/bid specifications and
well prepared contract is a wise decision.
 Do not skimp on characterization