[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Proposed Rules]
[Pages 4759-4760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1943]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2008-0123; FRL-9108-1]
RIN 2050-AG42


Polychlorinated Biphenyls: Manufacturing (Import) Exemption for 
Veolia ES Technical Solutions, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: On November 14, 2006, Veolia ES Technical Solutions, LLC, 
(Veolia) submitted a rulemaking petition to the U.S. Environmental 
Protection Agency (EPA) requesting to import up to 20,000 tons of 
polychlorinated biphenyl (PCB) waste from Mexico for disposal at 
Veolia's TSCA-approved facility in Port Arthur, Texas. Based on the 
information available at that time, EPA proposed to grant Veolia's 
request in the proposed rule, Polychlorinated Biphenyls: Manufacturing 
(Import) Exemption for Veolia ES Technical Solutions, LLC.

[[Page 4760]]

Since that time, Veolia submitted a request to withdraw its petition 
from the rulemaking process. Due to this request, EPA is withdrawing 
this proposed rule.

DATES: The proposed rule is withdrawn as of January 29, 2010.

FOR FURTHER INFORMATION CONTACT: William Noggle, Office of Resource 
Conservation and Recovery, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 347-8769; e-mail address: [email protected]. Mail inquiries 
may be directed to the Office of Resource Conservation and Recovery 
(ORCR), (5304W), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: With certain exceptions, section 6(e)(3) of 
the Toxic Substances Control Act (TSCA) bans the manufacture, 
processing, and distribution in commerce of polychlorinated biphenyls 
(PCBs). Under TSCA section 3(7), ``manufacture'' is defined to include 
import into the Customs Territory of the United States. However, TSCA 
section 6(e)(3)(B) gives EPA the authority to grant petitions to 
perform these activities for a period of up to 12 months, provided EPA 
can make certain findings by rule. To issue such a rule, EPA must issue 
a proposed rule and provide the public an opportunity for an informal 
public hearing, if requested.
    On November 14, 2006, Veolia submitted a rulemaking petition to EPA 
requesting to import up to 20,000 tons of PCB waste from various 
locations in Mexico for disposal at Veolia's TSCA-approved facility in 
Port Arthur, Texas. Based on the information available at that time, 
EPA proposed to grant Veolia's request in the proposed rule, 
Polychlorinated Biphenyls: Manufacturing (Import) Exemption for Veolia 
ES Technical Solutions, LLC, which was published in the Federal 
Register on March 6, 2008 (73 FR 12053). In addition to receiving 
written public comment, EPA held a public hearing on June 19, 2008, in 
Port Arthur, Texas, to receive additional written and oral comments and 
presentations regarding the proposed rule.
    The details of the procedure for participating in the hearing 
pursuant to 40 CFR 750.18-750.21 are documented in the Federal Register 
notice for the hearing (73 FR 28786, May 19, 2008). In addition to all 
of the pre-registered speakers, EPA permitted any hearing attendee to 
state his or her comments and/or to make a presentation, if desired. 
EPA posted all the hearing presentations and the verbatim transcript of 
the hearing to the rulemaking docket. EPA also conducted post-hearing 
proceedings herein referred to as the ``question and answer'' process. 
The ``question and answer'' process was designed to allow the public to 
question the factual nature of material presented at the hearing. The 
process also granted the public two more opportunities to submit 
comments and/or questions to all hearing participants, including EPA. 
All the documents for the ``question and answer'' process are in the 
docket. These post-hearing proceedings were completed on October 18, 
2009.
    Subsequently, on November 17, 2009, Veolia submitted a request to 
withdraw its petition from the rulemaking process (docket entry EPA-HQ-
RCRA-2008-0123-86). Due to this request, EPA is withdrawing this 
proposed rule. Withdrawing the proposed rule is the Agency's final 
action on this rulemaking. EPA will not issue a final rule on the 
proposal and will not respond further to comments that were filed for 
this rulemaking.

Lists of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Labeling, 
Polychlorinated biphenyls, Reporting and recordkeeping requirements.

    Dated: January 22, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-1943 Filed 1-28-10; 8:45 am]
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