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Defense Logistics Agency PCB Import Petition

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The U.S. Defense Logistics Agency (DLA) submitted a petition to EPA to import polychlorinated biphenyls (PCB) that the Department of Defense (DoD) currently owns at military installations in Japan for proper disposal in the United States. The petition specifies that up to 1,014,222 pounds of waste contaminated with PCBs, of which 94 percent has less than 50 ppm of PCBs, would be imported to the US. In response to that petition, on April 2, 2014, EPA issued a direct final rule (79 FR 18471) and parallel proposed rule (79 FR 18497), to grant the request and provided a 30-day public comment period.

On June 13, 2014, EPA withdrew the direct final rule and announced an informal hearing for July 8, 2014.

Withdrawal of Direct Final Rule and Notice of Informal Hearing

The main comment period is now closed. The docket ID for this rulemaking is EPA-HQ-RCRA-2013-0396.

Withdrawal of Direct Final Rule

EPA received one adverse comment, so the direct final rule has been withdrawn. The Proposed Rule has not been withdrawn.

Informal Hearing

EPA received one request to hold an informal hearing. Per the requirements in TSCA 6(c)(2)(C), EPA needs to provide for an opportunity for an informal hearing, if one is requested. EPA held the hearing on July 8, 2014. Only one person gave a presentation at the hearing. The presentation as well as the supporting materials for the presentation and the official transcript of the hearing can be found in the docket.

Informal Hearing Procedures

After the hearing closed, a verbatim transcript was made available and the window for requests for cross examination was opened for one week from July 15 to July 22, 2014, during which time EPA did not receive any requests.  Since no requests for cross examination were received, the reply comment period will now be open until August 5, 2014. Reply comments should be restricted to comments on: (1) Other comments; (2) material in the hearing record; and (3) material which was not and could not reasonably have been available to the commenting party a sufficient time before comments were due on May 2, 2014 (40 CFR 750.4, as modified by 750.15).

Extensions of time for filing reply comments may be granted pursuant to 40 CFR 750.15, which references 40 CFR 750.4(c). Reply comments and requests for an extension of time for filing reply comments must be sent to the Hearing Clerk using one of the methods identified in the Contact Information section for submitting requests to participate in the hearing. Reply comments will be placed in the docket for the proposed rule (Docket ID No. EPA-HQ-RCRA-2013-0396).

Rulemaking Schedule

Timeline of Rulemaking Actions

Action Date
Direct Final Rule publishedApril 2, 2014
Proposed Rule publishedApril 2, 2014
Main comment period endedMay 2, 2014
Withdrawal of Direct Final Rule June 13, 2014
FR Notice of Informal Hearing June 13, 2014
Requests to participate in hearing due July 1, 2014
Hearing Clerk distributes hearing schedule July 3, 2014
Informal hearing date July 8, 2014
Hearing transcript posted to the docket July 15, 2014
Comments and questions on hearing presentations due to Hearing Clerk July 22, 2014
Hearing Clerk sends out questions to appropriate participants N/A
Answers from participants are due to Hearing Clerk N/A
Answers received are posted to the docket and website by Hearing Clerk N/A
Reply comments due to Hearing Clerk August 5, 2014
Final RuleTBD

Contact Information

All requests, as well as reply comments must be submitted to the Hearing Clerk by one of the methods below. Please note that we prefer to receive all materials by email.

For further information, contact William Noggle at (703) 347-8769 or noggle.william@epa.gov.

 


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