The use of Polychlorinated biphenyls (PCBs) in buildingmaterials – particularly caulk - was widespread before 1977, andalthough the health risks associated with PCBs are well known,there is currently no legal requirement for commercial landownersor prospective purchasers to test for it. However, the catch 22 isthat if PCBs are discovered at a property – throughtesting or because an employee or contractor finds it, for example– the containment and/or removal of these materials is required inaccordance with EPA regulations. When purchasing anolder commercial building, the purchaser has a decision to makeduring due diligence: to test or not to test for PCB (healthconcerns aside). So when should you test, and when is itreasonable to avoid the issue so as not to trigger mandatory andpotentially costly cleanup in case contaminated materials arefound?

The Use of PCBs in Building Products

PCBs have been widely studied, analyzed, regulated, and managedsince the Toxic Substances Control Act (TSCA) was passed in 1977. Over the nearly four decades since 1977, PCBs have been foundin a wide variety of building products, including sidewalk caulk,window glazing, expansion joints, crack sealants, caulks used asgaskets, surface coatings (e.g. paint), and caulks used betweenmasonry blocks. Much of this material still remains in excellentcondition, and largely as it was the day that it was installed. Infact, this remarkable durability is largely the reason PCB use wasso widespread.

PCBs are a problem from both public health and landownerperspectives. The health risks of PCBs themselves are well known asthe presence of PCBs in caulk and other building materials havebeen found to create significant human and ecological exposures.However, the risk of PCBs in the built environment has not beenfully quantified, because the amount of affected material that isout there is entirely unknown.

Requirements for Testing PCBs

EPA has studied PCBs in caulk (including surface coatings),investigated PCB in school buildings, and developed regulations andguidelines for PCBs in building materials when discovered.However, EPA does not require commercial landowners, States, ormunicipalities to proactively test for the presence ofPCBs-containing building materials. In some instances,municipalities, private lenders, and public lending agenciesrequire testing for PCBs in building materials. However, therestill remains no Federal requirement to do so.

For a commercial landowner or prospective purchaser “whendiscovered” presents a problem. Should PCBs in a building materialsuch as caulk (>50 ppm PCBs) be discovered, the buildingmaterial is not an approved use under TSCA, which means thatit has to be removed as a PCB bulk product waste(40 CFR Part 761.62). Porous surfaces such asmasonry that are contaminated may continue to remain in use for theuseful life of the material as long as encapsulated. However, whenultimately removed, encapsulated masonry then becomes a PCBremediation waste (not a bulk product waste) that must beremoved with EPA work plan approval under 40 CFR Part 761.61. Such a task is neither simple nor inexpensive, and canrequire a small army of environmental consultants, attorneys, andcontractors to complete.