[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20640-20642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07981]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2012-0902; FRL-9382-9]
Polychlorinated Biphenyls (PCBs); Recycling Plastics from
Shredder Residue
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing an interpretation of its regulations that
will generally allow for the recycling of plastic separated from
shredder residue under the conditions described in the Voluntary
Procedures for Recycling Plastics from Shredder Residue, relying
principally on the regulatory provisions for excluded PCB products. The
interpretation described in this notice responds to questions EPA has
received about the applicability of the excluded PCB products
regulations.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2012-0902, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280. Please review the visitor
instructions and additional information
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about the docket available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Peter Gimlin, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0515; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
This notice is directed to the public in general, and may be of
interest to a wide range of stakeholders, including private citizens,
Federal, tribal, state and local governments, environmental consulting
firms, industry representatives, environmental organizations and other
public interest groups. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may have
interest in this notice. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
EPA is interpreting its regulations to generally allow for
recycling of plastic separated from shredder residue under the
conditions described in the Voluntary Procedures for Recycling Plastics
from Shredder Residue (Ref. 1), relying principally on the regulatory
provision for excluded PCB products at 40 CFR part 761.
II. Background
EPA was approached by the Institute of Scrap Recycling Industries,
Inc. (ISRI), regarding separation, recycling, use, and distribution of
recycled plastics from shredder residue recovered from metals recycling
facilities (referred to by ISRI as automobile shredder residue (ASR)
aggregate). In a February 24, 2011 letter, ISRI requested ``written
confirmation that separating plastics from ASR aggregate for use and
distribution in commerce, using processes that reduce any PCBs that may
be present to a level at or below which there is no unreasonable risk,
is authorized'' under regulations promulgated pursuant to the Toxic
Substances Control Act (TSCA) (see 16 U.S.C. 2605(e)) (Ref. 2). ISRI
stated that:
* * * analysis shows that the separation, recycling,
distribution in commerce, and reuse of plastics from shredder
aggregate is consistent with existing authorizations that allow the
use and distribution in commerce of products that contain low levels
of PCBs, including provisions for ``excluded PCB products'' and
``excluded PCB manufacturing processes'' (as defined in 40 CFR
761.3).
ISRI also stated that resolving regulatory uncertainty could lead
to investments and further development in innovative methods to
separate plastics from ASR aggregate that would produce broad
environmental benefits and increase global competitiveness (Ref. 2).
ISRI developed a set of voluntary procedures designed to prevent
the introduction of PCBs that are regulated for disposal into recycled
plastics recovered from shredder residue generated by metal recycling
facilities. The Voluntary Procedures for Recycling Plastics from
Shredder Residue (Ref. 1) includes development and implementation of a
documented materials management system through:
1. Documented source control programs aimed at preventing the
introduction of PCBs regulated for disposal into the shredder feedstock
materials that contribute to any shredder residue from which plastics
will be recovered for recycling; and
2. Documented output control programs for facilities processing
producing/recycling plastics from shredder residue. The Voluntary
Procedures for Recycling Plastics from Shredder Residue and supporting
materials are available in the docket at docket ID number EPA-HQ-OPPT-
2012-0902.
On December 12, 2012, EPA published a notice of request for public
comments in the Federal Register, entitled Polychlorinated Biphenyls
(PCBs); Recycling Plastics From Shredder Residue (77 FR 74006).
Additional background information on recycling activities that would be
affected by this interpretation, including potential environmental and
economic benefits, is provided in the December 12, 2012 notice and
supporting materials are available in the docket at docket ID number
EPA-HQ-OPPT-2012-0902. In response to this notice, 27 unique public
comment submissions were received by the Agency. Of these, some 23 were
supportive of the interpretation the Agency explained in the notice. In
general, these commenters emphasized the environmental and economic
benefits that recycling of plastic from shredder residue would provide,
and concurred with EPA's assessment of the facts and interpretation of
the PCB regulations as they applied to shredder residue and the use of
plastics recovered from that residue. Two submissions, including a
consolidated submission submitted on behalf of nine environmental
organizations, objected to the Agency's adoption of this interpretation
on a number of points, such as environmental justice, the adequacy of
the underlying data and analysis, as well as the legal basis for the
Agency's interpretation. Finally, one commenter suggested changes to
the Voluntary Procedures for Recycling Plastics from Shredder Residue
and another commenter submitted an administrative request regarding the
comment period. All public comments received in response to the notice
are available in the docket, as is a Response to Comments Document
developed by EPA (Ref. 3). After review and consideration of the
comments received, EPA has decided to adopt the interpretation
discussed in the December 12, 2012 notice and summarized in Unit III.
of this notice.
III. Summary of Interpretation
The interpretation will generally allow for the recycling of
plastic separated from shredder residue under the conditions described
in the Voluntary Procedures for Recycling Plastics from Shredder
Residue (Ref. 1), relying principally on the regulatory provisions for
excluded PCB products.
TSCA section 6(e) generally prohibits the manufacture, processing,
distribution in commerce and use of PCBs. However, EPA has by
regulation excluded certain materials, including excluded PCB products,
from these prohibitions. Excluded PCB products are defined as follows:
Excluded PCB products means PCB materials which appear at
concentrations less than 50 ppm, including but not limited to:
(1) Non-Aroclor inadvertently generated PCBs as a byproduct or
impurity resulting from a chemical manufacturing process.
(2) Products contaminated with Aroclor or other PCB materials
from historic PCB uses (investment casting waxes are one example).
(3) Recycled fluids and/or equipment contaminated during use
involving the products described in paragraphs (1) and (2) of this
definition (heat transfer and hydraulic fluids and equipment and
other electrical equipment components and fluids are examples).
(4) Used oils, provided that in the cases of paragraphs (1)
through (4) of this definition:
(i) The products or source of the products containing < 50 ppm
concentration PCBs were legally manufactured, processed, distributed
in commerce, or used before October 1, 1984.
(ii) The products or source of the products containing < 50 ppm
concentrations PCBs were legally manufactured, processed,
distributed in commerce, or used, i.e., pursuant to authority
granted by EPA regulation, by exemption petition, by settlement
agreement, or pursuant to other Agency-approved programs;
(iii) The resulting PCB concentration (i.e. below 50 ppm) is not
a result of dilution, or
[[Page 20642]]
leaks and spills of PCBs in concentrations over 50 ppm.
40 CFR 761.3.
EPA regulations allow the use, processing, and distribution in
commerce of excluded PCB products. 40 CFR 761.20(a) and (c). Except as
otherwise provided, the regulations do not restrict the forms of use,
processing and distribution that are allowed. EPA specifically
identified, as one likely source of PCBs in excluded PCB products,
``contamination during recycling activities involving'' historic PCBs.
52 FR 25838, 25844 (July 8, 1987). EPA believes that it is reasonable
to interpret the regulations as generally allowing the recycling of
excluded PCB products. Accordingly, under the interpretation, to the
extent that the feedstock (scrap materials) to a shredder consists of
these kinds of materials, the plastics separated from the resulting
residue can be recycled (and the resulting recycled product is also an
excluded PCB product that can be processed, used and distributed in
commerce, including being further recycled), provided the PCB
concentration in any resulting product is below 50 parts per million
(ppm).
The burden of demonstrating that a regulatory exclusion applies
rests with the party seeking that exclusion. EPA believes that, for
shredders and their suppliers that follow the Voluntary Procedures for
Recycling Plastics from Shredder Residue, it is appropriate to
generally treat the feedstock as consisting of excluded PCB products
unless there is information specifically indicating that the feedstock
does not qualify. If shredders and suppliers do not follow the
Voluntary Procedures for Recycling Plastics from Shredder Residue, they
will need to be able to otherwise demonstrate that the feedstock and
residue meet the exclusion. Clearly if the feedstock materials or
residue contain PCBs at concentrations [gteqt] 50 ppm, the materials
cannot qualify as excluded PCB products.
EPA acknowledges uncertainty as to the source of the PCBs in
shredder residue. However, EPA believes the procedures, as explained in
the Voluntary Procedures for Recycling Plastics from Shredder Residue,
can prevent the introduction of PCBs at levels [gteqt] 50 ppm. EPA may
periodically evaluate the processes and procedures involved in
recycling plastics recovered from shredder residue. In addition, EPA
believes it is likely that the number of potential sources of PCBs at
levels [gteqt] 50 ppm has declined since the TSCA section 6(e)
prohibitions went into effect. If PCBs in the feedstock material are <
50 ppm, it is plausible that the sources of PCBs in the residue are
excluded PCB products. The information available to EPA indicates that
the PCBs found associated with plastics separated from residue are
Aroclor PCBs. Aroclors were intentionally manufactured PCB mixtures,
not inadvertently generated PCBs. Since PCBs in general and Aroclors
more specifically have not been intentionally produced in the United
States since the prohibitions in TSCA section 6(e) became effective,
the Aroclor identity of the PCBs found associated with plastics
separated from shredder residue suggests that they were manufactured
prior to 1984.
In promulgating the excluded PCB product rule, EPA described the
provision as follows: EPA is adopting the generic 50 ppm exclusion for
the processing, distribution in commerce, and use, based on the
Agency's determination that the use, processing, and distribution in
commerce of products with less than 50 ppm PCB concentration will not
generally present an unreasonable risk of injury to health or the
environment. EPA could not possibly identify and assess the potential
exposures from all the products which may be contaminated with PCBs at
less than 50 ppm. * * * EPA has concluded that the costs associated
with the strict prohibition on PCB activities are large and outweigh
the risks posed by these activities. 53 FR 24210 (June 27, 1988).
EPA has further stated, with respect to the excluded PCB products
rule: ``These amendments have excluded the majority of low-level PCB
activities (less than 50 ppm) from regulation'' (Ref. 4). Given the
difficulty of determining the precise source of PCBs, EPA believes the
purpose of excluding ``old'' PCBs under the excluded products rule is
best effectuated in these circumstances by treating < 50 ppm materials
entering a shredder as excluded PCB products unless there is
information specifically indicating that the materials do not qualify.
After reviewing the comments received, EPA has weighed the
competing considerations and decided to adopt, through this notice, the
interpretation discussed in the December 12, 2012 notice. 77 FR 74006
(December 12, 2012). This interpretation is not a legislative rule
because it does not impose any binding requirements on either EPA or
the regulated community.
IV. References
As indicated under ADDRESSES, a docket has been established for
this notice under docket ID number EPA-HQ-OPPT-2012-0902. The following
is a listing of the documents that are specifically referenced in this
notice. The docket includes these documents and other information
considered by EPA, including documents that are referenced within the
documents that are included in the docket, even if the referenced
document is not physically located in the docket. For assistance in
locating these other documents, please consult the person listed under
FOR FURTHER INFORMATION CONTACT.
1. ISRI. Voluntary Procedures for Recycling Plastics from Shredder
Residue, October 24, 2012.
2. ISRI. Letter from Robin K. Weiner to Steve Owens, February 24,
2011.
3. EPA. Agency Response to Comments--Polychlorinated Biphenyls
(PCBs); Recycling Plastics From Shredder Residue, March 2013.
4. EPA. PCB Q & A Manual: An EPA TSCA assistance document designed
to provide the regulated community with Agency interpretations to
frequently posed questions, 1994, available at http://www.epa.gov/osw/hazard/tsd/pcbs/pubs/manual.pdf.
List of Subjects
Environmental protection, Hazardous substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling, Shredder residue.
Dated: March 29, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-07981 Filed 4-4-13; 8:45 am]
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