PRIVILEGED AND CONFIDENTIAL WORK PRODUCT PREPARED AT THE REQUEST OF LEGAL COUNSEL FOR OR IN ANTICIPATION OF LITIGATION AND IN CONNECTION WITH RENDERING LEGAL ADVICE

PCBs and Metals in Paint TRB Meeting

July 14-17, 2013, Pittsburgh, Pennsylvania

PRIVILEGED AND CONFIDENTIAL WORK PRODUCT PREPARED AT THE REQUEST OF LEGAL COUNSEL FOR OR IN ANTICIPATION OF LITIGATION AND IN CONNECTION WITH RENDERING LEGAL ADVICE

• Specialists in Investigations, Forensics, Allocation, Litigation Support

• 40+ staff • Founded in 1999 • HQ: Bedminster, NJ • Key Offices:

• Syracuse, NY • Seattle, WA • Portland, OR • Washington, DC • Philadelphia, PA • Minneapolis, MN

The Intelligence Group - Background

Releases From Bridges

• Known – Transportation-related stormwater runoff

from nonpoint sources and impervious surfaces (roads, highways, and bridges) may contribute contaminants into urban waterways and corresponding sediments

– DOTs can be held liable, even without control over the sources of the hazardous substances in stormwater

• Currently Being Studied – Releases from coatings on Bridges

themselves – Not just concerns from lead paint

• PCBs added to paints historically • PCBs a by-product during production of

pigments

Summary of Talk

• Use of hazardous substances in paint • PCBs Overview • History of PCBs • Regulation of PCBs • PCB risks • PCB use in Coatings • PCBs in roadway materials • Conceptual model • Future study methods • Other Concerns

Use of Hazardous Substances in Paint • Lead

– Made paint more flexible, water resistant • Other Metals

– arsenic, – cadmium, – chromium, – Copper – Zinc

• Asbestos • PCBs

PCBs Overview

• PCBs are synthetic chlorinated biphenyls

• Consists of two benzene rings and between 1 and 10 chlorine atoms substituted on each of the benzene molecules

• PCBs are not corrosive, are very resistant to decomposition, do not conduct electricity, are nonflammable

• Range from oily liquids to waxy solids at room temperature

PCBs Overview

• PCBs are not a single chemical compound but, based on the number of chlorines and their placement, comprise 209 related chemicals known as congeners

• The most common commercial PCB mixtures manufactured in the U.S. had the trade name Aroclor, of which there were different formulations based upon the overall percent chlorine in the mixture

PCB 52

2,2′,5,5′-PCB, 2,2′,5,5′-Tetrachlorobiphenyl

PCBs Overview

• Primary Uses – 60% for Dieletric fluids – 12 % as hydraulic and heat transfer fluids – 28 % as ingredients in manufactured products

oPlasticizers and sealing agents in products such as rubber and plastics (particularly in the ubiquitous polyvinyl chloride [PVC] plastic), adhesives, paints, inks, gaskets, sealing compounds, and carrier fluids for pesticides, and as a mounting fluid for microscope slides

PCBs Overview

• Beyond the Manufacturing Sites, they are a primary COC in many sediment cleanup sites such as: – Hudson River (NY) – Fox River (WI) – Duwamish River (WA) – Portland Harbor (OR) – Housatonic River (MA) – Kalamazoo River (MI)

History of PCBs

• 1927-PCBs were first manufactured commercially by the Anniston Ordnance Company, in Anniston, Alabama

• 1935 - Monsanto produced PCBs at plants in Sauget, Illinois and Anniston, Alabama (until 1977)

History of PCBs

• 1968 - 1,300 residents of Kyushu, Japan, fell ill after eating rice-bran oil (yusho) contaminated with PCBs fluids

• 1970 – Domestic Production peak • 1979 - The Environmental Protection Agency

issued final regulations banning the manufacture of polychlorinated biphenyls (PCBs), after a 3-year phase-out period

• TSCA (Toxic Substances Control Act) – PCB regulation in the United States began in 1976 with the

enactment of the Toxic Substances Control Act – This law led to the ban on PCBs in 1977 and to bans on imports,

exports, and unrestricted use – There are no use authorizations for non-liquid PCB-containing

products if they contain PCBs at concentrations > 50 ppm, including but not limited to adhesives, caulk, coatings, grease, paint, gaskets, sealants, and waxes

– The current definition states, “The concentration of inadvertently generated PCBs in products leaving any manufacturing site or imported into the United States must have an annual average of less than 25 ppm, with a 50 ppm maximum.” EPA is considering whether to eliminate the annual average and whether the maximum concentration should be set at < 1 ppm

Regulation of PCBs

• CWA (Clean Water Act) – PCBs are regulated by the Clean Water Act, which regulates

the discharge of PCBs into the nation’s waterways • OSHA (Occupational Safety and Health

Administration) – Work-place exposures are regulated by OSHA. OSHA set a

permissible exposure limit (PEL) of 1 mg/m3 as an 8-hr TWA for certain PCB mixtures, and a 0.5 mg/m3 as an 8-hr TWA for others

• Other – PCB-contaminated fish continue to be a primary source of

human exposure, with 1,084 fish advisories for PCBs issued by 40 states in 2010

Regulation of PCBs

• Once in the environment, PCBs do not readily break down. They can easily cycle between air, water, and soil

• The environmental fate of PCBs is related to the degree of chlorination • Each of the 209 possible PCB congeners has their own physical and

chemical properties and potential for biodegradation • Once the contaminated media is exposed to receptors (people and animals)

the PCBs will tend to bind to fatty tissues • PCBs accumulate in the fatty tissue of organisms low in the food chain and

then become “magnified” when consumed by animals at a higher level of the chain

PCB Risks

• Between 1940s and until the ban in 1979, PCBs were added as a plasticizer to paints at ranging between 5% and 30%

– Increased Adhesion – Increased Luster – Reduced Drying Time – Corrosion resistance – Good Heat and Humidity resistance – Increased antifungal properties

• Primary use was in chlorinated rubber and styrene-butadiene copolymers

• Known by its trade name (Parlon) it was used in many fields of applications

– chemical resistance coatings – masonry paints – traffic paints, – marine type paints – protective and decorative coatings for steel structures,

railway tank and gondola cars

PCB use in Coatings

• In addition to PCBs being intentionally added to paints and caulks, as described above, PCBs were also inadvertently created in the production process of certain pigments

• Under current TSCA rules, PCBs are currently allowed at less than 25 mg/kg, with a 50 mg/kg maximum in pigments

• Analysis of commercial paint pigments purchased in Chicago-area retail stores by Hu and Hornbuckle (2009) indicates that PCB congeners are found in azo and phthalocyanine pigments

• Much lower concentrations than when intentionally added • Mostly found in green paints, but also some blues, yellows, oranges and

reds

PCB use in Coatings

• Caulk – PCBs were a common additive to caulk because of their water

and chemical resistance, durability, and elasticity – PCBs were added as a plasticizer in caulking used to seal

joints between masonry units • Roadway Paint

– PCBs were added to impart greater durability and longer road life

• Waste oil used in asphalt – PCBs above 50 PPM have been detected at waste oil recycling

facilities. These facility occasionally produce oil that are used by asphalt production facilities

• This does not appear to be a problem in Oregon at this time

PCBs in Roadway Materials

Bridge Paint Conceptual Model

• Two bridges studied in Oregon • Samples collected of various

parts of the structures • Analyzed for PCBs • Used combination of hand and

mechanical scrapers • The sample was transferred into

laboratory-supplied sample jars and weighed to ensure the minimum volume of 10 grams was achieved

• PCBs detected between 9.5 ug/kg and 197 ug/kg

Study Approach

Existing Studies

• The presence of PCBs and metals in paints doesn’t necessarily mean there is a concern – The pathways need to be complete – It may turn out that the inventory in the paint is

so low that it doesn’t pose a concern to the waterway

– Additional studies are necessary to determine the impact of the coatings on the waterway

Future Study Methods

Surface Area Thickness Density Conversion Concentration Conversion

Future Study Methods

• The mass then can be used to estimate loading from the coating to the river sediments

• Need to estimate transfer rates • SEDCAM is one such model that has been used

at EPA sites – The SEDCAM sediment attenuation model incorporates three

processes occurring in the mixed sediment layer: • accumulation, • burial, and • loss from diffusion or degradation

• PCB Releases to the environment during bridge rehabilitation

• Worker safety • Should bridges and

other structures be counted as sources in TMDLs?

Other Concerns

Summary and Conclusion

• PCBs (and metals) are found in paint in various concentrations dependent upon their function in paint

• Timeframe PCBs found in paint (1940s-1970s) • PCBs also found in other roadway materials (caulk,

etc…) • Normal conditions can transport chemicals in paint to

waterways • Need for further study to evaluate actual impact on

waterways • Other concerns beyond environmental, i.e.

releases/disposal during bridge rehabilitation and worker safety

Contact Information

• Chris Moody, R.G. cmoody@intell-group.com • Philip Spadaro, R.G. pspadaro@intell-group.com