Statutory Provisions Relating to PCBs

Polychlorinated biphenyls ( PCBs ) have been manufactured and used commercially for 50 years because of their chemical stability, fire resistance, and electrical resistance properties. PCBs are frequently used in electrical transformers and capacitors. However, concern has been expressed that PCBs may be toxic to humans and to wildlife. Because of these concerns, the major American manufacturer of PCBs limited its sales of PCBs after 1972 to manufacturers of transformers and capacitors and then in 1977 ceased all manufacture of PCBs and shipped the last of its inventory. Today, PCBs are produced in this country only as incidental byproducts of industrial chemical processes. There are known natural sources of PCBs. 

Under Section 6(e)( 1), within six months of the effective date of the Act, EPA is obligated to promulgate rules that prescribe methods for the disposal of PCBs and require PCBs to be marked with clear and adequate weimings, as well as with instructions with respect to their processing, distribution in commerce, use, or disposal. Section 6(e)(2) provides that, one year after the effective date of the Act, no person may manufacture, process, distribute in commerce, or use any PCB other than in a totally enclosed manner. Section 6(e)(3) provides that no person may manufacture any PCB after two years from the effective date of the Act, or process or distribute in commerce any PCB after two and one-half years after such date. The provisions of Sections 6(e)(1) and 6(e)(2) allow the Administrator to promulgate rules granting exemptions from the control measures mandated by Section 6(e). 

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