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Use Authorization for, and Distribution in Commerce of, Non- liquid Polychlorinated Biphenyls, Notice of Availability; Partial Reopening of Comment Period; Extension of Comment Period
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 6, 2000 (Volume 65, Number 67)]
[Proposed Rules]
[Page 18018-18020]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap00-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[OPPTS-66009G; FRL-6553-6]
RIN 2070-AD27
Use Authorization for, and Distribution in Commerce of, Non-
liquid Polychlorinated Biphenyls, Notice of Availability; Partial
Reopening of Comment Period; Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: EPA is extending the comment period for the proposed rule
which published in the Federal Register of December 10, 1999. That
action solicited additional information on the use and concentration of
polychlorinated biphenyls (PCBs) found in certain non-liquid PCB
(NLPCB) applications. It also announced the availability, for comment,
of data that were submitted to EPA after the comment period closed for
the December 6, 1994 proposal. In addition to authorizing certain NLPCB
uses, the proposed provision (Sec. 761.30(q)) would have required
compliance with several conditions (e.g., notification, marking, air
monitoring and standard wipe tests, remediation, repair and/or removal,
reporting and recordkeeping requirements). EPA is extending the 120-day
data submission period, as well as the 90-day comment period on
existing and new data submissions. In response to a request for more
time to develop the requested data, EPA is extending the comment
periods to obtain data that may support an authorization which would
require few, if any, conditions but is protective of health and the
environment.
DATES: Data submissions, identified by docket control number OPPTS-
66009G, must be received on or before October 10, 2000. Comments on any
of the data submissions and/or relevant docket materials, identified by
docket control number OPPTS-66009G, must be received on or before
January 10, 2001.
ADDRESSES: Submit data and comments by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPPTS-66009G in the subject line on the first page of
your response.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Barbara Cunningham, Director, Office of Program Management and
Evaluation, (7401), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone numbers: (202) 554-1404; e-
mail address: TSCA-Hotline@epa.gov.
For technical information contact: Peggy Reynolds, Office of
Pollution Prevention and Toxics, National Program Chemicals Division,
(7404), Environmental Protection Agency, Ariel Rios Bldg., 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
260-3965; e-mail address: reynolds.peggy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be affected by this supplemental action if you own, use,
process, or distribute PCBs in commerce. Affected categories and
entities include:
------------------------------------------------------------------------
Examples of
Categories NAICS Codes Potentially
Affected Entities
------------------------------------------------------------------------
Industry 31-33, 211, 5133 Electroindustry
manufacturers,
oil and gas
extraction, end-
users of
electricity,
telecommunication
s and general
contractors
------------------------------------------------------------------------
Utilities and rural electric 2211 Electric power and
cooperatives light companies
------------------------------------------------------------------------
Individuals, Federal, State 921, 622, 6113 Individuals and
Municipal Governments, agencies which
hospitals and colleges own, use, process
and distribute
PCBs in commerce
------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table in this unit
could also be affected. The North American Industrial Classification
System (NAICS) codes have been provided to assist you and others in
determining whether or not this action applies to certain entities. To
determine whether you or your business is affected
[[Page 18019]]
by this action, you should carefully examine the applicability
provisions in Title 40 of the Code of Federal Regulations (CFR), part
761. If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under ``FOR FURTHER INFORMATION CONTACT.''
II. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
On the Home Page select ``Laws and Regulations'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr/. To access information about the PCB
Program, go directly to the PCB Home Page at http://www.epa.gov/pcb.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-66009G. The combined
record also includes all material and submissions filed under docket
control number OPPTS-66009C. The official record consists of the
documents specifically referenced in this action, any public comments
received during an applicable comment period, and other information
related to this action, including any information claimed as
confidential business information (CBI). This official record includes
the documents that are physically located in the docket, as well as the
documents that are referenced in those documents. The public version of
the official record does not include any information claimed as CBI.
The public version of the official record, which includes printed,
paper versions of any electronic comments submitted during an
applicable comment period, is available for inspection in the TSCA
Nonconfidential Information Center, North East Mall Rm. B-607,
Waterside Mall, 401 M St., SW., Washington, DC. The Center is open from
noon to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Center is (202) 260-7099.
III. How and to Whom Do I Submit Comments?
As described in Unit III. of the proposed rule published in the
Federal Register of December 10, 1999 (64 FR 69358) (FRL-6064-7), you
may submit your comments through the mail, in person, or
electronically. Please follow the instructions that are provided in the
proposed rule. Do not submit any information electronically that you
consider to be CBI. To ensure proper receipt by EPA, be sure to
identify docket control number OPPTS-66009G in the subject line on the
first page of your response.
IV. How Should I Handle CBI Information That I Want to Submit to
the Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the technical person identified under FOR FURTHER
INFORMATION CONTACT.
V. What Should I Consider as I Prepare My Comments for EPA?
In preparing comments and/or developing data for EPA's
consideration, you should keep in mind that your NLPCB use is not
currently authorized. Under the Toxic Substances Control Act (TSCA) and
the existing PCB regulations, the use is prohibited and you would be
required to dispose of that material. In addition to completing
rulemaking to authorize the NLPCB use(s), EPA is required to make a no
unreasonable risk finding for the distribution in commerce of the NLPCB
material (i.e., the sale, donation or transfer of the unauthorized
NLPCB). Therefore, you should keep in mind that you will not be able to
avoid the prohibitions by simply selling, transferring or donating to
another entity, equipment and property which contain the unauthorized
NLPCB uses, unless the NLPCBs have been removed. You should weigh the
costs of the TSCA PCB prohibitions (i.e., disposal and/or the loss of
revenue) against the cost of providing useful data and comments to the
Agency. For example, if the material is approaching the end of its life
cycle, you may decide that it is not worth the effort to take samples
of the material and therefore you would prefer to simply dispose of the
item(s). In that event, you should remember that the PCB disposal
requirements may apply regardless of whether the item is authorized for
use and distribution in commerce. Conversely, you may determine that
the item still has value and provides reliable service. In that
instance, you may want to take advantage of this extension in order to
develop the information which is needed to support the authorizations
for the use and distribution in commerce of the NLPCB item(s).
In order for the Agency to make the no unreasonable risk finding
and to develop a broad, generic use authorization and accompanying
distribution in commerce provision, you should consider providing the
data described in the December 10, 1999 Federal Register document
(i.e., matching bulk, surface and air sample results so that EPA can
examine the dermal and inhalation risks; matching bulk sample results
and surface results so that relationships between bulk and surface
concentrations can be better defined; summary statistics to better
determine if the results are representative of the sample population;
and population characteristics to determine how the results represent
the overall population of the items in use; see the discussions at
Units VII. and VIII. of the December 10, 1999 document at pages 64 FR
69360-69363).
Finally, you should make sure to submit your comments by the
deadline in this document; i.e., October 10, 2000, for data
submissions, and January 10, 2001, for comments on the docket
materials. To ensure proper receipt by EPA, be sure to identify the
docket control number assigned to this action (i.e., OPPTS-66009G) in
the subject line on the first page of your response. You may also
provide the name, date, and Federal Register citation.
VI. What Action is EPA Taking?
EPA is extending the period for public input to allow individuals
an additional opportunity to complete sample collection and testing
programs, to compile the results of the testing and to submit the
results to EPA. EPA intends to use the data in support of an
authorization which would require few, if any, conditions but is
protective of health and the environment.
VII. What is the Agency's Authority for Taking this Action?
The authority for this action is section 6(e) of the Toxic
Substances Control Act, 15 U.S.C. 2605(e).
[[Page 18020]]
VIII. Do Any Regulatory Assessment Requirements Apply to this
Action?
No. This action is not a rulemaking, it merely extends the date by
which public comments on a proposed rule must be submitted to EPA on a
proposed rule that previously published in the Federal Register of
December 6, 1994 (59 FR 62788) and extended by the Federal Register of
December 10, 1999 (64 FR 69358). For information about the
applicability of the regulatory assessment requirements to the proposed
rule, please refer to the discussion in Unit VI. of that document (59
FR 62788, December 6, 1994).
List of Subjects
40 CFR Part 761
Environmental protection, Hazardous substances, Polychlorinated
biphenyls, Reporting and recordkeeping requirements.
Dated: March 30, 2000.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 00-8407 Filed 4-5-00; 8:45 am]
BILLING CODE 6560-50-F