PCBs in Caulk - Schumer Calls for EPA to Set Guidelines

The following are exerpts from a press releases from July 19, 2007 which readers might find relevant:

Schumer Calls On EPA To Drop Backbreaking Fines Against Yorktown School District And To Set Clear National Guidelines For Removal Of PCB-Laden Caulk

PCB in Caulk, which was Commonly Used in Construction Projects Prior to 1977, was Recently Located in Debris from Yorktown School Renovations

With the Environmental Protection Agency (EPA) threatening to unfairly levy backbreaking fines and penalties against the Yorktown Central School District, due to the discovery of PCB-laden caulk in renovation debris at a local school, today, U.S. Senator Charles E. Schumer urged the agency to refrain from imposing any fines. Five years ago, during renovations at the French Hill Elementary School, a piece of caulking debris was privately tested and found positive for polychlorinated biphenyl (PCBs), spurring the district to voluntarily remove large volumes of soil at a cost to taxpayers of $300,000.

Since that time, the EPA has threatened the Yorktown Central School District, without regulatory basis, with additional fines and penalties if it does not test additional caulking in the district for PCBs.

Today, Senator Schumer sent a letter to the EPA calling on it to refrain from threatening unfair fines against the school district and instead to set clear guidelines on removing PCB-laden caulk to assist school districts, like Yorktown, in cleaning up the material.

“The EPA has put the cart before the horse with regard to the Yorktown School District. You can’t follow the rules when the rulebook has not been written yet,” said Senator Schumer, who pointed out that no clear guidelines exist for removing PCB-laden caulk. “Common sense and fairness dictates that the EPA must refrain from imposing any fines against the Yorktown Central School District until it puts in place the necessary regulations for the removal of PCB-laden caulk. To my knowledge, no other school district in the state, or the country, is being asked to do the same.”

More than five years ago, the Yorktown District undertook a renovation project on its French Hill Elementary School. Following requirements and regulations established by the NYS Education Department, tests were conducted on the caulking material on the windows to be removed. Neither asbestos nor lead-containing materials were found, and the windows were disposed of as normal construction debris.

However, after new windows were installed, a local resident tested a piece of caulking debris and found it to contain the carcinogenic toxin, polychlorinated biphenyl (PCBs). The district then voluntarily and proactively removed large volumes of soil at a cost of $300,000, even though the New York State Education Department does not require school districts to identify or remediate PCBs during construction projects and EPA regulations do not speak to the issue.

Despite PCB-laden caulk being commonly used in construction projects prior to 1977, currently the EPA has no regulations on the removal of it. In his letter to EPA Administrator Stephen L. Johnson, Schumer also argued that the Yorktown School District violated no New York State Education Department standard in its handling of the matter. In fact, the Senator contended that the district should be credited for going beyond state requirements in dealing with pre-1977 construction materials.

After being contacted by Westchester County Legislator Michael Kaplowitz, and the Yorktown Central School District, Schumer sent an inquiry to the Environmental Protection Agency in May.

“I am baffled as to what grounds the EPA has for threatening fines,” Schumer continued. “And I am again calling on the EPA to promptly articulate clear, nationwide standards for the removal of PCB-laden caulk.”
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Source: www.schumer.senate.gov/SchumerWebsite/pressroom/record.cfm?id=280411