[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Proposed Rules]
[Pages 18497-18498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07390]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2013-0396; FRL-9909-00-OSWER]
RIN 2050-AG79


Polychlorinated Biphenyls (PCBs): Manufacturing (Import) 
Exemption for the Defense Logistics Agency (DLA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) 
is proposing to take action on a petition from the United States 
Defense Logistics Agency (DLA) to import foreign-manufactured 
polychlorinated biphenyls (PCBs). For purposes of the Toxic Substances 
Control Act (TSCA), ``manufacture'' is defined to include the import of 
chemical substances into the customs territory of the United States. 
With certain exceptions, section 6(e)(3) of TSCA bans the manufacture, 
processing, and distribution in commerce of PCBs. One of these 
exceptions is TSCA section 6(e)(3)(B), which gives EPA authority to 
grant petitions to import PCBs into the customs territory of the United 
States for a period of up to 12 months, provided EPA can make certain 
findings by rule. On April 23, 2013, EPA received a petition from DLA, 
a component of the United States Department of Defense (DOD), to import 
foreign-manufactured PCBs that DOD currently owns in Japan for disposal 
in the United States. EPA is proposing to grant DLA's petition as of 
July 1, 2014. This proposal to grant the petition, if finalized, would 
allow DLA to manufacture (i.e., import) certain PCBs for disposal. EPA 
has granted two previous exemptions in 2003 and 2007 to DLA for similar 
petitions to import PCBs for disposal. Without an exemption granted by 
EPA, DLA would not be allowed to import the PCB waste to the U.S. for 
proper disposal. In fact, if the exemption is not granted, it is very 
likely that DLA will not be able to find any country willing to accept 
and properly dispose of the PCB waste.

[[Page 18498]]


DATES: Written comments or a request for an informal hearing (per 40 
CFR part 750, subpart B) must be received by May 2, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2013-0396, by mail to RCRA Docket, Mail Code 28221T, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460. Attention Docket ID No. EPA-HQ-RCRA-2013-0396. 
Please include a total of two copies. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the ADDRESSES section of the direct final rule 
located in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Kelly Greene, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304P), 1200 Pennsylvania Avenue NW., Washington, DC 20460, Phone: 703-
347-0363; or by email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why is EPA proposing this rule?

    EPA is proposing to grant DLA's petition to revise 40 CFR 761.80, 
which will allow DLA to import its PCB waste from Japan back to the 
customs territory of the United States for proper disposal. In 
addition, in the Rules section of this Federal Register, EPA is 
promulgating a direct final rule to make the same revision as is being 
proposed here, for the reasons outlined in detail in the preamble to 
that direct final rule. The reason EPA is issuing a direct final rule 
elsewhere in this Federal Register is because we view this revision as 
a noncontroversial action and anticipate no adverse comment. However, 
if we receive adverse comment or a request for an informal hearing, we 
will withdraw the direct final rule (and therefore it will not take 
effect based on the direct final rule), and address all public comments 
in any subsequent final rule based on this proposed rule. 
Alternatively, if we receive no adverse comment (or request for an 
informal hearing) on the change we are promulgating today in the direct 
final rule, we will not take further action on this proposed rule. We 
do not intend to institute a second comment period on this action, 
unless an informal hearing is requested, in which case comments will be 
accepted until one week after the close of the informal hearing. Any 
parties interested in commenting should do so at this time, since there 
may not be an informal hearing. For further information, please see the 
information provided in the ADDRESSES section of this document.

II. Does this action apply to me?

    The discussion of the potentially affected entities by this 
proposed rule can be found in the preamble to the direct final rule 
located in the Rules section of this Federal Register.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the direct final rule in the Rules 
section of this Federal Register.
    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that is 
primarily engaged in hazardous waste treatment and disposal as defined 
by NAICS code 562211, with annual receipts of less than 12.5 million 
dollars (based on Small Business Administration size standards); (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This rule 
merely allows DOD to bring its PCB waste back to the U.S. for proper 
disposal.

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, and Polychlorinated 
biphenyls.

    Dated: March 25, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2014-07390 Filed 4-1-14; 8:45 am]
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