PCB Remediation Policy

The remediation of Polychlorinated Biphenyls (PCBs) in New Jersey is governed by both the federal Toxic Substances Control Act (TSCA) and the state Spill Act. Up until recently PCBs over 50ppm in soil could only be disposed of in a TSCA licensed facility. Additionally the Soil Cleanup Criteria used 50 ppm as the protection of groundwater criteria. These essentially defined 50ppm as the removal criteria. Remedial decisions therefore, usually involved excavation and removal of PCBs over 50ppm, with concentrations under 50ppm being capped and deed restricted. In deference to TSCA, along with the protection of groundwater criteria, SRP used the 50ppm number.

EPA has recently finalized new rules governing PCBs and specifically included criteria for remediation of PCBs. The rule, 40 CFR 761.61, now allows for levels up to 100 PPM to be left on site with the appropriate engineering and institutional controls. One provision in the rule, 40 CFR 761.61(c), allows for a site-specific risk based alternative. The petitioner can perform a risk assessment and request an alternate cleanup number from the EPA Regional Administrator on a case-by-case basis. This change still requires that protecting groundwater be addressed on a case-by-case basis and may still require removal at the 50ppm level.

If protection of groundwater is addressed, and in keeping with our policy of adherence to TSCA, as of November 1, 1998, the Site Remediation Program will accept 100ppm as the soil removal criteria for PCBs in new Remedial Action Workplan (RAWP) submittals. Any previous decisions using the 50 ppm criteria will not automatically change, and must be reviewed on a case by case basis. Adherence to the other provisions of sec. 761.61 and the Technical requirements would also be required. If a petition for a Risk Based alternate number is submitted to the Regional Administrator, the petitioner must make a concurrent submittal to the case manager. The SRP will perform an independent review of the petition in order to determine the acceptability of the alternate criteria. Both EPA and SRP must agree to the alternate number for the RAWP to be approved.