EPA May Revise Rules On, or End Existing Authorized Uses of, PCBs

The U.S. Environmental Protection Agency (EPA) is seeking input to a federal panel that will explore changes to existing uses of polychlorinated biphenyls (PCBs).  PCBs are used in fluid-filled capacitors and transformers, fluorescent light ballasts, and natural gas pipelines.  They are a known carcinogen and reproductive toxicant, as well as an environmental pollutant.

PCBs were once widely used as coolants and insulating fluids, plasticizers in paints and cements, stabilizers in PVC, hydraulic fluids, sealants, and other uses.  Most of those uses have since been discontinued since PCBs were found to be toxic to human health as well as harmful to the environment, but limited use continues in closed systems such as capacitors and transformers.  The United States banned the domestic production of PCBs in 1979.

The State of California has designated PCBs as chemicals that are known to cause cancer and reproductive harm.  Under Proposition 65, companies that offer products for sale in California that contain PCBs must provide consumers with a health hazard warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.