The PCB Spill Cleanup Policy

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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The PCB SpiU Cleanup Policy has very specific requirements for cleaning up a PCB spill. Technically any PCB spill is a TSCA violation, and the EPA has said it will not penalize companies that adhere to the PCB Spill Cleanup Policy. Therefore, a buyer should ensure that the SpiU Cleanup Policy was complied with, or seek to obtain indemnities from the seUer. The buyer may also have cleanup obUgations itself if the spiU was not properly cleaned up. 

Depending on the date of the release and nature of contaminated media, EPA provides several cleanup and disposal options. Any party may proceed to clean up any PCB remediation waste based on the concentration of PCBs found, and may do so either (i) as a self-implementing on-site cleanup and disposal (ii) consistent with performance-based disposal standards or (iii) pursuant to a risk-based cleanup and disposal approval received from the Administration. In addition, and with regard to a more limited class of PCB spills and releases, a party may proceed with cleanup and disposal under the EPA s PCB Spill Cleanup Policy. ... 

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