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~'°~y III IIIIIIIIIIIII III .,,--~~~o. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY sss ~r ~ REGION VIII RF(~F'V~~ 999 78th STREET -SUITE 500 DENVER, COLORADO 80202-2466 f1 ACT ~ ~ 1995 Ref : BART-RTI FEBDI~rs~n old` Mmerais ~ G'eoio9Y To Whom It May Concern: This is in reply to your inquiry regarding the disposal of small PCB capacitors and/or small PCB capacitors contained in fluorescent light ballasts. Small PCB capacitors are regulated under the Toxic Substances Control Act (TSCA) at 40 CFR 761.60(b)(2). The PCB regulations provide that persons other than manufacturers of PCB capacitors or PCB equipment may dispose of nonleaking small PCB capacitors as municipal solid waste. In August/September 1993, EPA received data from several sources indicating that PCBs were found in the insulating (potting) materials of fluorescent light ballasts generally manufactured prior to 1978. PCBs at concentrations of 50 ppm or greater were found in the insulating materials of approximately 70 percent of the ballasts analyzed. Ballasts containing potting compounds with 50 ppm or more PCBs are PCB Articles. PCB Articles must be stored, transported, and disposed in accordance with the regulations. To avoid incurring liability from improperly managed ballasts with potting compounds that are PCB- contaminated, Region VIII recommends that untested ballasts be managed as PCB waste. Disposal may be in TSCA approved facilities including incinerators, landfills, and recyclers who have EPA approvals to dispose of PCBs. You should be aware that persons who dispose of any quantity of small PCB capacitors in municipal or TSCA approved landfills are not absolved from liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). PCBs are defined as a hazardous substance under CERCLA. Section 102 of CERCLA and 40 CFR 302.4 lists one pound as the reportable quantity for PCBs when they are landfilled. PCB small capacitors in fluorescent light ballasts contain 0.1 or more pounds of pure PCBs, therefore, anyone disposing of ten or more light ballasts would be subject to the CERCLA reporting requirements. Reporting places the firm or individual on a list of potential Primary Responsible Parties in any subsequent Superfund cleanup of the landfill. Failure to report is a violation of CERCLA Section 103. EPA Region VIII has an established the following policy: Region VIII recommends against the disposal of individual small PCB capacitors, small PCB capacitors in fluorescent light ballasts, and untested fluorescent light ballast potting compounds as municipal solid waste. Region VIII encourages persons to dispose of fluorescent light ballasts and small PCB capacitors at a TSCA approved facility. ~~ Printed on Recycled Paper