Transformers and other equipment that may contain PCBs

Transformers or other electrical or hydraulic equipment that may contain polychlorinated biphenyls (PCBs) stand on the subject property. The standard makes such equipment something to look for and report, and gives it no class. Whether there is a recognized environmental condition (REC) depends on four things: whether the equipment is known or likely to contain PCBs, whether it is equipment or part of the building, whether there is evidence of a release, and whether its condition poses a material threat of one.

What the answer turns on

A REC needs a release, a likely release or a material threat of one, with hazardous substances or petroleum products present or likely present at the subject property (E1527-21, 3.2.73).

Known or likely to contain PCBs. The site visit item covers electrical and hydraulic equipment that is known to hold PCBs, or is likely to (E1527-21, 9.4.18). The standard gives no date, label or test for which equipment that is, and the practice includes no sampling (E1527-21, 7.4). So the answer rests on what the owner, the occupants and the records say the equipment holds. The standard adopts the federal definitions of hazardous substance and petroleum products and names no equipment fluid under either (E1527-21, 3.2.36, 3.2.61). It names local electric utility companies as a source for records relating to PCBs (E1527-21, 8.2.4, Table 3).
Equipment, or part of the building. The same item puts fluorescent light ballasts, caulk, paint and other materials that may contain PCBs outside the scope where they are inside the building and part of it, and PCB-containing building materials are a listed non-scope consideration (E1527-21, 9.4.18, 13.1.5.12). A note adds that such materials may require identification where they are not part of the structure and not solely within it (E1527-21, 9.4.18, Note 5). The standard's appendixes are nonmandatory. Appendix X1 describes the federal building materials exclusion as reaching releases from products built into a structure that cause exposure inside it (E1527-21, X1.1.4.3).
Evidence of a release. Odors, stains or corrosion on floors and walls, stained soil or pavement and stressed vegetation are site visit features (E1527-21, 9.4.13, 9.4.20, 9.4.23, 9.4.24). A release that is found is weighed against the de minimis definition (E1527-21, 3.2.20): see staining on pavement or soil.
A material threat. Three things make one: the threat is obvious, a release is likely to follow, and the environmental professional judges that the release would likely affect public health or the environment (E1527-21, 3.2.52, 3.2.55). The definition's own example is a damaged tank; the standard gives none for electrical equipment (E1527-21, 3.2.52). Establish whether the equipment is damaged or leaking.

The records that bear on it

Site visit. PCB-containing items are features the site visit must look for and the report must describe, found or not (E1527-21, 9.4, 9.4.18). The interior to be observed includes accessible utility rooms, boiler rooms and maintenance and repair areas (E1527-21, 9.2.3). Conditions above ceilings, on rooftops or behind walls need not be identified (E1527-21, 9.2.4.2).
Interviews and documents. Interview questions shall try to cover the same features, current and past (E1527-21, 10.2): ask who owns the equipment, what it holds, and whether it has leaked or been replaced. Before the site visit the owner, key site manager and user are asked for earlier assessments, reports of any cleanup and agency correspondence on violations (E1527-21, 10.8.1).
Utility and release records. Utility records are checked when the professional judges them reasonably ascertainable, useful and customary locally (E1527-21, 8.2.4). The required minimum search for federal release reports covers the subject property (E1527-21, 8.2.2, Table 2).

What the federal rule says

The rule does not mention PCBs. Among what the inquiry must seek to identify:

Current and past uses of hazardous substances;

40 CFR 312.20(e)(1)(ii)

The on-site inspection includes

a visual inspection of the areas where hazardous substances may be or may have been used, stored, treated, handled, or disposed.

40 CFR 312.27(a)(1)

How it is written up

The equipment is described in the report, found or not (E1527-21, 9.4, 9.4.18). It is a finding when the professional judges it may indicate hazardous substances or petroleum products present or likely present at the subject property (E1527-21, 12.5).

Where the professional concludes a release, or a likely one, has left them present or likely present at the subject property, the opinion gives the evidence. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes there is no release but a material threat of one, the opinion names the obvious condition and why a release with likely impact is expected, and the REC is listed (E1527-21, 3.2.52, 12.6, 12.7).

Where the professional concludes neither, an opinion on a finding still gives its rationale (E1527-21, 12.6).

Observation of the part of the subject property where the equipment stands, or an interview with the key site manager, may be what cannot be had. Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.