PCBs: The inside story and what building owners and property managers must address

For years, talk about PCB pollution concerned waste dumping, superfund sites and dredging the Hudson River. But could there be PCBs in indoor air? Recent incidents, including a lawsuit to compel the City of New York to remove PCBs from schools, suggest that the issue of PCB contamination is coming inside. Polychlorinated biphenyls (PCBs) are a class of human made, organic chemicals that were widely used in electrical equipment and other applications until their manufacture was banned by congress in the late 1970s. Depending upon their composition, they range from thin liquids to waxy solids which are chemically stable, non-flammable, have a high boiling point and do not conduct electricity. This made PCBs ideal for use in electrical, heat transfer and hydraulic systems and as insulation, coolants and lubricants. PCBs were also used as additives found in caulks, adhesives, flame retardants, paints, pesticides and insulation. Virtually everyone has been exposed to PCBs in foods such as fish, meat and dairy products, as well as through water, air and soil. Human exposure can also occur when PCBs vaporize into an odorless, tasteless gas. The health effects of PCBs have been studied for years, mostly in animals, and there is no proven link between exposure and cancer or serious illness in humans. Nevertheless, the EPA calls them "probable human carcinogens" and regulators and concerned citizens groups are focusing new attention on PCBs in buildings. New York Lawyers for the Public Interest filed a federal lawsuit this summer, claiming that the presence of PCBs in fluorescent light ballasts in public schools that were manufactured prior to 1979 endanger students, teachers and maintenance workers and violate federal law. The suit recites that this issue was uncovered as the result of a survey that found PCB laden caulk around windows in schools and alleges that PCBs "spontaneously volatize" out of caulk, paint and other construction materials in which they were once used. Such building materials include ceiling tiles, where Armstrong used PCBs as a flame retardant on six million square feet of tile produced in the late sixties and early seventies. So it is likely that PCBs may be found in indoor air, particularly in older buildings that have not been renovated since the early 1980s. The use of PCBs in open applications such as caulks, paints, fire retardants and adhesives was banned in 1976, and in closed systems where they were used as lubricants, insulation and hydraulic fluids since 1978. But PCBs were used because they were durable and did not break down. It has been reported that workers taking caulk samples can predict which contain PCBs because the PCB samples are more likely to remain soft and pliable more than thirty years after their use was banned. Thus, it is claimed that PCBs that leak an off-gas from the ballasts of light fixtures, caulk, adhesives and old electrical equipment can contaminate other surfaces and create measurable levels of PCBs in indoor air. In the next segment of this article, we will show you what building owners and managers should look for, and what they can do if they suspect that PCBs remain in their buildings. In the first part of this article, we talked about how PCBs, once thought of mainly as water and soil pollutants, are now being talked about in buildings. Most of this discussion has centered around schools, but there is no reason to believe that PCBs used in building materials through the end of the 1970s are any less prevalent in other types of buildings. Here are some important things that building owners and managers should look for. Fluorescent Light Ballasts. According to the EPA, until PCBs were banned in 1979, many fluorescent light fixtures contained from 1 to 1 1/2 ounces of PCBs encapsulated in the ballasts that regulate the flow of current into the fluorescent tubes. Fixtures installed prior to 1979 are beyond their useful life, making it likely that the ballasts have started to crack, allowing PCBs to leak an off-gas into the air. Moreover, many of these fixtures are being phased out by regulations that mandate a shift to more efficient fluorescent lighting. The energy savings will partially offset the cost of replacement. Ballasts made after 1979 should be labeled "no PCB", so the first step is to remove the bulbs and look under the metal plate where the ballast is housed. If the ballast is not labeled, it is best to consult the manufacturer or other competent source that can identify PCB content by reference to model and serial numbers. The EPA cautions that any ballast where PCB content cannot be ruled out must be treated as if it contains PCBs. Workers inspecting and removing ballasts must wear chemical resistant gloves, protective eyewear, boots and disposable coveralls. All ballasts to be removed must be disconnected from their power source, and federal law mandates that PCB containing materials must be disposed of at an approved facility. A list of approved facilities and contractors can be obtained by calling the EPA's Toxic Substances Control Act Hotline, or on the EPA's PCB website. PCB Caulk. Caulks and sealant products manufactured prior to 1978 often contained PCBs, sometimes in high levels. In 2004, a report was published about a survey of 24 buildings in the Boston area where bricklayers recalled installing caulk in the 1970s. PCBs were found in the caulk in 13 of these buildings and in 8, the concentrations exceeded EPA action levels. Over time, these PCBs migrate into the air, dust, carpeting and other building materials and finishes. Testing pieces of suspect caulk or testing the ambient air are the best ways to determine whether PCBs are being released. If release is suspected, steps should be taken to improve the ventilation in the area. Wet mopping and the use of HEPA vacuums can reduce the amount of contaminated dust until the source of the problem can be addressed. The EPA warns that only qualified professionals should participate in the removal of PCB containing caulk. In the meantime, they recommend covering suspected surfaces with heavy-duty plastic and tape to contain the area and to keep dust and debris from spreading. If PCBs are measurable in the air, it may be necessary to check the ventilation system to make sure it is not contaminated. PCBs have been studied as an environmental issue for many years with little reason to believe that low level exposures are harmful; but with the recent focus on PCBs in buildings, concerns may arise that building owners and property managers must address. If you have legal questions, we encourage you to contact Harris Beach or the environmental attorneys with whom you are accustomed to working. Andrew Orenstein is a partner and Kenneth Beehler is an associate of the Harris Beach law firm, New York, N.Y.