PCBs and the Discounting Factor

PCBs are defined as any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of 

The discounting factors apply to all activities involving inadvertently generated monochlorinated and dichlorinated PCBs. Intentionally generated lesser chlorinated PCBs are not subject to the discount factors.  

Paralleling 6(e), the regulations provide that no persons may use any PCB, or any PCB Item regardless of concentration, in any manner other than in a totally enclosed matmer within the United States unless authorized. Exceptions to the authorization requirement are provided for excluded manufacturing processes and excluded PCB products. 

Excluded PCB products, i.e., products that contain PCBs but which may be manufactured, used, and distributed in commerce, are defined as PCB materials with concentrations less than 50 ppm. ° This exclusion, adopted in 1988, was based on a finding by the Agency that activities involving products containing less than 50 ppm PCBs generally do not present an unreasonable risk of injury to human health or the environment and that the incremental risks associated with the... use of products with PCBs levels up to 50 ppm are outweighed by the tremendous costs that would be incurred 

The EPA s initial categorization of certain uses successfully challenged in Environmental Defense Fund v. EPA. 

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