PCB Penalty Policy

The EPA issued a Polychlorinated Biphenyls (PCB) Penalty Policy (PCB Penalty Policy) that follows the basic format and approach of the TSCA Civil Penalty Policy, which the EPA published in 1980. The PCB Penalty Policy categorizes all violations according to their nature, extent, and circumstances in order to determine a gravity based penalty. Then the gravity based penalty is adjusted upwards for factors such as prior history of violations, and downwards for factors such as cooperation with EPA and prompt self-reporting. 

All violations of the PCB regulations are classified as chemical control violations because they affect the release of PCBs into the environment.  

Short-Chain Chlorinated Paraffins (SCCPs) and Other Chlorinated Paraffins Action Plan, 8 (Dec. 30,2009), available through http //www.epa.gov/oppt/existingchemicals/pubs/ actionplans/sccps.html 

Polychlorinated Biphenyls (PCB) Penalty Policy (Apr. 9, 1990) [hereinafter PCB Penalty Policy] available through http //cfpub.epa.gov/compliance/resources/policies/civil/ tsca/. See Chapter 14, Penalties and Enforcement. 

Violations involving PCB disposal are treated as more serious, and the penalties are based on the cost of cleanup and proper disposal of the PCBs. The extent of violations are minor if they involve disposal of less than 25 kilograms or 5 gallons of PCBs or less than 625 square feet of a non-porous surface, 60 square feet of soil, 20 square feet of a porous surface, or 60 cubic feet of other materials. The extent is significant if the quantities exceed the minor category but are less than 125 kilograms or 25 gallons of PCBs or less than 3125 square feet of a non-porous surface, 300 square feet of soil, 

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A matrix in the PCB Penalty Policy supplies the gravity based penalties for each combination of nature, circumstances, and extent. However, the penalties applicable to violations that occurred in 2006, 2007, and 2008 must be increased by a factor of 1.3, and the penalties applicable to 2009 violations that occurred after January 12, 2009 must be increased by a factor of 1.5. These increased penalties are required by the Civil Penalties Inflation... 

Polychlorinated Biphenyls (PCB) Penalty Policy (Apr. 9, 1990) PCB Penalty Policy 4-9-90... 

Fed. Reg. 59770 (Sept. 10, 1980) GuideHnes for the Assessment of Civil Penalties under Section 16 of the Toxic Substances Control Act PCB Penalty Policy 45 FR 59770 1980 Penalty Policy 9-10-80... 

In a 1987 rulemaking, EPA promulgated its so-called PCB Spill Cleanup Policy. The Pohcy applies to spills of PCBs at concentrations greater than or equal to 50 ppm that occurred after May 4, 1987. The PCB Spill Cleanup Policy is driven by the release of PCBs at greater than or equal to 50 ppm, without regard to the concentration of PCBs in the contaminated media. As noted above, an incentive to remediate a spill or release of PCBs, and to initiate a cleanup under the PCB Spill Cleanup Poficy, is provided by the fact that such spill or release is unauthorized disposal subjecting a party to civil and perhaps criminal penalties. As stated by EPA ... 

The PCB Spill Cleanup Policy provides a presumption against enforcement penalties for the unauthorized disposal of the original spill, in exchange for quick and effective cleanup of the spill. If the waste resulting from the spill were regulated for disposal at its as-found concentration (as is PCB remediation waste), there would no disincentive for owners of PCBs to dilute them to less... 

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