Wednesday,

November
1,
2000
Part
VIII
Environmental
Protection
Agency
40
CFR
Part
761
Polychlorinated
Biphenyls
(PCB's);
Return
of
PCB
Waste
From
U.
S.
Territories
Outside
the
Customs
Territory
of
the
United
States;
Proposed
Rule
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Federal
Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
761
[OPPTS±
66020;
FRL±
6750±
6]

Polychlorinated
Biphenyls
(PCB's);
Return
of
PCB
Waste
from
U.
S.
Territories
Outside
the
Customs
Territory
of
the
United
States
AGENCY:
Environmental
Protection
Agency
(EPA).

ACTION:
Proposed
Rule.

SUMMARY:
EPA
is
proposing
to
clarify
that
PCB
waste
in
United
States'
territories
and
possessions
outside
the
customs
territory
of
the
United
States
may
be
returned
to
the
U.
S.
Customs
Territory
for
proper
disposal.
This
proposed
rule
interprets
the
prohibition
on
the
manufacture
of
PCBs
at
Section
6(
e)
of
the
Toxic
Substances
Control
Act
(TSCA)
to
allow
the
movement
of
PCB
waste
among
any
States
of
the
United
States
for
the
purpose
of
disposal,
and
that
such
movement
is
not
considered
``
import.
''
This
interpretation
will
allow
U.
S.
territories
and
possessions
which
fall
outside
of
the
definition
of
``
customs
territory
of
the
United
States''
to
dispose
of
their
PCB
waste
in
the
mainland
of
the
United
States
where
facilities
are
available
that
can
properly
dispose
of
PCB
waste.
Thus,
this
rule
would
ensure
that
a
safe
and
viable
mechanism
exists
for
the
protection
of
health
and
the
environment
for
those
citizens
in
areas
of
the
United
States
where
facilities
are
not
available
for
the
proper
management
and
disposal
of
PCB
waste.
Because
disposal
of
these
wastes
may
occur
only
at
approved
facilities,
no
unreasonable
risks
to
health
or
the
environment
on
the
mainland
United
States
will
be
created
by
this
rule.

DATES:
Comments,
identified
by
the
docket
number
OPPTS±
66020,
must
be
received
by
EPA
on
or
before
December
1,
2000.

ADDRESSES:
Comments
may
be
submitted
by
mail,
electronically,
or
in
person.
Please
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION
section.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
control
number
OPPTS±
66020
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact:
Barbara
Cunningham,
Acting
Director,
Environmental
Assistance
Division,
Office
of
Pollution
Prevention
and
Toxics
(7408),
Environmental
Protection
Agency,
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,
OPPT/
NPCD,
7404,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
202±
260±
3965;
fax
number:
202±
260±
1724;
e­
mail
address:
reynolds.
peggy@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
are
in
a
United
States
territory
or
possession
outside
of
the
customs
territory
of
the
United
States,
and
you
manufacture,
process,
distribute
in
commerce,
or
use
PCBs.
Examples
of
such
territories
and
possessions
are
Guam,
American
Samoa,
the
Commonwealth
of
the
Northern
Mariana
Islands
(CNMI)
including
Saipan,
and
the
United
States
Virgin
Islands.
Potentially
affected
entities
may
include,
but
are
not
limited
to:

Types
of
entities
NAICS
codes
Examples
of
potentially
affected
entities
Crude
Petroleum
and
Natural
Gas
Extraction
211111
Facilities
that
own
electrical
equipment
containing
PCBs
Electric
Power
Generation;
Transmission
and
Distribution
2211
Facilities
that
own
electrical
equipment
containing
PCBs
Food
Manufacturing
311
Facilities
that
own
electrical
equipment
containing
PCBs
Petroleum
and
Coal
Products
Manufacturing
324
Facilities
that
own
electrical
equipment
containing
PCBs
Chemical
Manufacturing
325
Facilities
that
own
electrical
equipment
containing
PCBs
Primary
Metal
Manufacturing
331
Facilities
that
own
electrical
equipment
containing
PCBs
Waste
Treatment
and
Disposal
5622
Facilities
that
own
electrical
equipment
containing
PCBs.
Entities
that
process
and
distribute
PCB
waste
Materials
Recovery
Facilities
56292
Facilities
that
own
electrical
equipment
containing
PCBs.
Entities
that
process
and
distribute
PCB
waste
Public
Administration
92
Agencies
that
own
electrical
equipment
containing
PCBs
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
above
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
might
apply
to
certain
entities.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
40
CFR
part
761.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
technical
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
section.

B.
How
Can
I
Get
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?

1.
Electronically.
You
may
obtain
copies
of
this
document
and
certain
other
available
documents
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
Federal
RegisterÐ
Environmental
Documents.
You
can
also
go
directly
to
the
Federal
Register
listings
at
http//
:www.
epa.
gov/
fedrgstr/.
Information
about
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
(OPPTS)
and
OPPTS
related
programs
is
available
from
http//
:www.
epa.
gov/
internet/
oppts/.
If
you
want
additional
information
about
EPA's
PCB
regulations
at
40
CFR
part
761,
go
to
http//:
www.
epa.
gov/
pcb.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
control
number
OPPTS±
66020.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received
during
an
applicable
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/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
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,
Northeast
Mall,
Rm.
B±
607,
Waterside
Mall,
401
M
St.,
SW.,
Washington,
DC.
The
Center
is
open
from
12
noon
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
of
the
Center
is
(202)
260±
7099.

C.
How
and
to
Whom
Do
I
Submit
Comments?

You
may
submit
comments
through
the
mail,
in
person,
or
electronically.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
control
number
OPPTS±
66020
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
to:
Document
Control
Office
(7407),
Office
of
Pollution
Prevention
and
Toxics
(OPPT),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
2.
In
person
or
by
courier.
Deliver
your
comments
to:
the
OPPT
Document
Control
Office
(DCO)
in
East
Tower
Rm.
G±
099,
Waterside
Mall,
401
M
St.,
SW.,
Washington,
DC.
The
DCO
is
open
from
8
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
DCO
is
202±
260±
7093.
3.
Electronically.
You
may
submit
your
comments
electronically
by
E­
mail
to:
oppt.
ncic@
epa.
gov,
or
mail
or
deliver
your
computer
disk
to
the
addresses
identified
above.
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
E­
mailed
comments
must
be
submitted
as
an
ASCII
file
avoiding
the
use
of
special
characters
and
any
form
of
encryption.
Comments
will
also
be
accepted
on
standard
computer
disks
in
WordPerfect
689
or
ASCII
file
format.
All
comments
in
electronic
form
must
be
identified
by
the
docket
control
number
OPPTS±
66020.
Electronic
comments
may
also
be
filed
online
at
many
Federal
Depository
Libraries.
D.
How
Should
I
Handle
CBI
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
in
the
FOR
FURTHER
INFORMATION
CONTACT
section.

II.
Background
A.
What
Action
is
the
Agency
Taking?
EPA
proposes
to
amend
the
disposal
regulations
at
40
CFR
761.99
to
allow
certain
PCB
waste
located
anywhere
in
the
United
States,
including
the
territories
and
possessions
of
the
United
States
that
are
not
inside
the
customs
territory
of
the
United
States
(hereafter
``
territories
and
possessions''),
to
be
moved
to
any
area
within
the
United
States
for
disposal.
The
proposed
rule
would
clarify
that
such
movement
is
not
considered
``
import''
for
purposes
of
the
ban
on
manufacturing
PCBs
under
TSCA
section
6(
e)(
3).

B.
What
is
the
Agency's
Authority
for
Taking
this
Action?
EPA
is
taking
this
action
to
clarify
its
interpretation
of
the
TSCA
provisions
relating
to
the
manufacture
of
PCBs
as
an
exercise
of
the
agency's
inherent
authority
to
issue
regulations
interpreting
the
statutes
it
administers.
This
proposed
regulation
would
codify
EPA's
interpretation
of
an
undefined
term,
``
import''
in
the
definition
of
``
manufacture''
under
section
3(
7)
of
TSCA,
for
purposes
of
section
6(
e)(
3)
of
TSCA.
EPA's
definition
of
the
term
``
import''
for
all
other
purposes
under
TSCA
is
not
affected.

III.
Summary
of
the
Proposed
Action
A.
What
Risks
do
PCBs
Present
and
How
are
PCBs
Regulated?
PCBs
cause
significant
ecological
and
human
health
effects,
including
cancer,
neurotoxicity,
reproductive
and
developmental
toxicity,
immune
system
suppression,
liver
damage,
skin
irritation,
and
endocrine
disruption
(Ref.
1).
EPA
has
found
that
any
exposure
of
humans
or
the
environment
to
PCBs
may
be
significant,
depending
on
such
factors
as
the
quantity
of
PCBs
involved
in
the
exposure,
the
likelihood
of
exposure
to
humans
and
the
environment,
and
the
effect
of
exposure
(40
CFR
761.20).
PCBs
are
readily
absorbed
through
the
skin
and
at
even
faster
rates
when
inhaled.
Because
PCBs
are
stored
in
animal
fatty
tissue,
humans
are
also
exposed
to
PCBs
through
ingestion
of
animal
products.
Significantly,
bioaccumulated
PCBs
appear
to
be
even
more
toxic
than
those
found
in
the
ambient
environment,
since
the
more
toxic
PCB
congeners
are
more
persistent
and
thus
more
likely
to
be
retained
(Ref.
1).
Under
section
6(
e)
of
the
Toxic
Substances
Control
Act
(TSCA),
15
U.
S.
C.
2605(
e),
and
implementing
regulations
at
40
CFR
part
761,
the
manufacture,
processing,
and
distribution
in
commerce
of
PCBs
are
banned
unless
EPA
issues
a
regulatory
exemption
to
the
ban.
The
ban
on
manufacture
of
PCBs
was
designed
to
prevent
the
creation
or
introduction
to
the
United
States
of
new
PCBs,
and
it
has
been
largely
successful.
Use
of
PCBs
is
banned
except
in
a
totally
enclosed
manner
or
as
authorized
by
rule
based
on
a
finding
that
the
use
will
not
pose
an
unreasonable
risk
to
human
health
or
the
environment.
Disposal
of
PCBs
is
strictly
controlled
to
minimize
release
to
the
environment.
By
enacting
TSCA
section
6(
e),
Congress
established
a
presumption
that
PCBs
pose
an
unreasonable
risk
of
injury
to
health
and
the
environment.
See,
Central
and
Southwest
Services,
et
al.
v.
EPA,
220
F.
3d
683,
688
(5th
Cir.
2000).
Before
the
statutory
ban
was
enacted
in
1976,
PCBs
were
widely
used
in
industrial
applications,
particularly
as
insulating
fluids
in
electrical
equipment.
Utilities
and
other
industries
lawfully
manufactured
and
sold
items
such
as
PCB
electrical
equipment
and
hydraulic
or
heat
transfer
equipment.
After
TSCA's
general
bans
on
manufacture,
processing,
distribution
in
commerce,
and
use
of
such
items
went
into
effect,
EPA
authorized
the
continued
use
of
much
of
this
equipment
subject
to
conditions
that
protect
against
an
unreasonable
risk
to
health
or
the
environment
from
the
PCBs
in
the
equipment.
As
these
items
reach
the
end
of
their
useful
lives,
the
owners
are
responsible
for
disposing
of
them
following
the
stringent
requirements
of
40
CFR
part
761.
Any
PCBs
that
are
released
from
the
equipment
also
must
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Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
be
disposed
of
following
these
requirements.
TSCA
was
enacted
to
protect
all
of
the
citizens
of
the
United
States
from
unreasonable
risk
of
injury
to
health
or
the
environment
from
exposure
to
chemical
substances.
TSCA
sections
3(
13)
and
3(
14)
define
``
United
States''
to
include
``
any
State
of
the
United
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
the
Canal
Zone,
American
Samoa,
the
Northern
Mariana
Islands,
or
any
other
territory
or
possession
of
the
United
States.
''
Thus,
the
prohibitions
and
restrictions
on
PCBs
under
TSCA
section
6(
e)
and
its
implementing
regulations
protect
not
only
United
States
citizens
in
the
50
States,
but
United
States
citizens
in
all
the
territories
and
possessions
of
the
United
States.
PCBs
in
the
50
States
and
in
the
territories
and
possessions
must
be
managed
and
disposed
of
in
a
manner
that
does
not
present
an
unreasonable
risk
to
health
or
the
environment.

B.
What
Special
Problems
Do
PCBs
Present
in
the
Territories
and
Possessions?
PCBs
and
PCB
waste
in
the
territories
and
possessions
pose
an
especially
great
environmental
threat.
The
territories
and
possessions
have
no
permitted
commercial
PCB
disposal
facilities,
so
PCB
waste
is
accumulated
in
long­
term
storage.
Many
of
the
territories
and
possessions
are
subject
to
frequent
typhoons
and
earthquakes,
which
can
severely
damage
storage
areas
and
other
buildings.
PCBs
and
PCB
waste
in
storage
therefore
may
present
a
greater
risk
to
human
health
and
the
environment
than
PCBs
stored
in
the
mainland
United
States
(Ref.
8).
Between
1945
and
1990,
within
180
nautical
miles
of
Guam,
there
were
118
tropical
storms
(wind
speed
40
to
72
mph),
36
typhoons
(wind
speed
75
to
149
mph),
and
8
super­
typhoons
(wind
speed
150
mph
or
more).
Between
1973
and
2000,
Guam
has
seen
an
average
of
18
earthquakes
a
year
within
a
100
kilometer
radius.
During
the
last
10
years,
12
earthquakes
of
magnitude
5
or
higher
have
occurred
within
a
50
kilometer
radius
of
Guam.
The
Commonwealth
of
the
Northern
Marianas
Islands
is
120
miles
from
Guam
and
shares
similar
geologic
characteristics,
so
the
risks
would
be
similar
(Ref.
8).
The
Samoas
lie
squarely
within
the
South
Pacific's
notorious
cyclone
belt.
In
American
Samoa,
Cyclone
Tusi
caused
extensive
damage
to
property,
vegetation,
and
wildlife
in
1987.
Cyclones
occur,
on
average,
every
10
to
15
years,
but
in
the
early
1990s,
the
Samoas
were
devastated
by
two
of
the
strongest
and
most
destructive
storms
on
record.
Cyclone
Ofa
struck
in
February,
1990,
bringing
winds
of
up
to
250
kilometers
per
hour,
killing
16
people
and
leveling
much
of
the
island
of
Savai'i.
In
1991,
Cyclone
Val
pummeled
the
islands
for
5
days
with
winds
up
to
260
kilometers
per
hour
and
waves
of
up
to
25
meters
in
height.
Although
the
storm
destroyed
nearly
three
times
as
much
as
its
predecessor,
the
death
toll
was
the
same.
Total
damage
was
estimated
at
$380
million
(Ref.
8).
PCBs
that
are
released
to
the
environment
in
the
territories
and
possessions,
through
natural
disasters
or
other
events,
can
present
significant
exposure
risks
to
residents
of
these
areas.
Many
island
residents
consume
fish
for
subsistence,
and
PCBs
bioaccumulate
in
fish.
In
addition,
island
natural
resources
are
severely
limited
and
therefore
vulnerable.
Even
a
small
quantity
of
PCBs
seeping
into
the
groundwater
system
could
permanently
eliminate
an
island's
only
source
of
clean
drinking
water
(Ref.
8).
Disposal
of
PCBs
in
the
territories
and
possessions
presents
a
special
challenge.
Most
PCBs
that
are
regulated
for
disposal
must
be
disposed
of
in
a
TSCA­
approved
facility,
such
as
an
incinerator
or
a
chemical
waste
landfill
(40
CFR
part
761,
subpart
D).
However,
as
noted
above,
there
are
no
TSCAapproved
commercial
PCB
disposal
facilities
in
any
of
the
territories
or
possessions
of
the
United
States
(Ref.
6),
so
disposal
in
the
territory
or
possession
where
the
waste
is
generated
is
not
possible
in
most
cases.
A
recent
survey
of
the
status
of
PCB
waste
in
the
territories
and
possessions
shows
that,
because
of
the
lack
of
disposal
options,
PCB
wastes
have
been
placed
in
storage
awaiting
disposal
in
facilities
that
are
not
approved
commercial
storage
facilities
under
TSCA.
In
some
cases,
spills
or
releases
from
these
facilities
are
inadequately
controlled,
presenting
risks
to
health
and
the
environment
(Ref.
8).
The
territories
and
possessions
cannot
dispose
of
their
waste
at
facilities
outside
the
United
States
if
the
PCB
concentration
is
³50
ppm
because
EPA
regulations
prohibit
the
export
for
disposal
of
such
waste
(see
40
CFR
761.97).
Moreover,
it
is
a
violation
of
the
PCB
regulations
to
dilute
PCB
wastes
to
lower
concentrations
to
avoid
these
restrictions
on
export
(40
CFR
761.1(
b)(
5)).
Even
if
such
export
were
not
prohibited,
it
is
not
clear
that
export
would
be
a
viable
option.
Even
assuming
that
foreign
countries
would
be
willing
to
accept
PCB
waste
from
the
United
States,
there
is
some
uncertainty
about
the
disposal
capacity
at
foreign
disposal
sites
capable
of
managing
PCBs
(Ref.
17).
Furthermore,
EPA
disfavors
disposing
of
PCB
wastes
generated
in
the
United
States
in
other
countries.
The
only
remaining
disposal
option
for
most
TSCA­
regulated
PCB
waste
in
the
territories
and
possessions
is
disposal
in
one
of
the
TSCA­
approved
facilities
in
the
mainland
United
States.
However,
EPA
has
historically
interpreted
TSCA
in
a
way
that
made
this
option
unavailable.
Since
1979,
TSCA
section
6(
e)
has
banned
the
manufacture
of
PCBs
except
under
an
exemption
issued
by
rulemaking.
TSCA
section
3(
7)
defines
``
manufacture''
to
include
``
import
into
the
customs
territory
of
the
United
States
(as
defined
in
general
note
2
of
the
Harmonized
Tariff
Schedule
of
the
United
States).
''
General
note
2
defines
the
``
customs
territory
of
the
United
States''
as
``
any
State
of
the
United
States,
the
District
of
Columbia,
and
Puerto
Rico.
''
Thus,
any
movement
of
PCBs
from
a
location
outside
the
customs
territory
of
the
United
States
to
a
location
inside
the
customs
territory
could
be
considered
to
be
an
import
of
PCBs
into
the
customs
territory
of
the
United
States.
Since
most
of
the
territories
and
possessions,
such
as
Guam
and
American
Samoa,
are
not
included
within
the
definition
of
``
customs
territory
of
the
United
States''
as
found
in
the
Harmonized
Tariff
Schedule,
EPA
has
historically
interpreted
a
movement
of
PCBs
from
one
of
these
areas
to
a
mainland
State
to
be
an
``
import''
within
the
meaning
of
``
manufacture''
as
it
is
used
in
TSCA
section
6(
e)(
3).
EPA
has
in
the
past
exercised
limited
discretion
to
allow
the
movement
of
PCB
waste
from
U.
S.
territories
and
possessions
to
the
mainland
United
States
(Ref.
15).

C.
How
Would
This
Proposed
Rule
Address
Disposal
of
PCBs
in
the
Territories
and
Possessions?

EPA
proposes
to
amend
its
regulations
to
allow
the
movement
of
PCB
waste
for
disposal
among
any
States
of
the
United
States,
as
defined
in
TSCA
sections
3(
13)
and
3(
14),
regardless
of
whether
the
waste
enters
or
leaves
the
customs
territory
of
the
United
States,
provided
that
the
PCBs
[or
the
PCB
waste]
were
present
in
the
United
States
on
January
1,
1979,
when
the
ban
on
manufacturing
took
effect,
and
have
remained
within
the
United
States
since
that
date.
EPA
would
not
consider
these
movements
to
be
imports
subject
to
the
ban
on
manufacturing
under
TSCA
sections
3(
7)
and
6(
e)(
3)

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65657
Federal
Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
As
noted
above,
the
territories
and
possessions
are
subject
to
all
of
TSCA's
requirements.
EPA
is
charged
with
implementing
section
6(
e)
to
protect
the
health
and
environment
of
all
United
States
citizens,
including
the
residents
of
the
territories
and
possessions.
To
interpret
the
statute
as
prohibiting
the
movement
of
PCB
waste
from
the
territories
and
possessions
to
disposal
facilities
in
the
United
States
mainland
puts
the
residents
of
the
territories
and
possessions
at
a
serious
disadvantage
compared
to
residents
of
areas
that
fall
within
the
definition
of
the
customs
territory.
Because
there
are
no
EPAapproved
commercial
PCB
storage
or
disposal
facilities
outside
the
customs
territory,
and
because
of
the
unique
environmental
conditions
in
the
territories
and
possessions,
the
Unites
States
citizens
of
these
areas
are
subject
to
a
higher
likelihood
of
exposure
to
PCBs,
and
thus
a
higher
risk
of
injury.
Moreover,
EPA
is
particularly
concerned
about
the
risks
from
improper
disposal
of
PCBs
wherever
it
may
occur.
PCBs
are
persistent
in
the
environment
and
can
become
dispersed
world­
wide.
Research
supporting
EPA's
report
to
Congress,
Deposition
of
Air
Pollutants
to
the
Great
Waters
(Refs.
2,
3,
4
and
5),
indicates
that
up
to
89%
of
the
PCB
loading
for
Lake
Superior
occurs
through
air
deposition,
much
of
it
from
distant
sources.
Figures
for
the
other
Great
Lakes
range
from
6%
to
63%.
Based
on
the
persistence
of
PCBs
in
the
global
environment
and
EPA's
finding
that
any
exposure
to
human
beings
or
the
environment
may
be
significant,
EPA
believes
that
the
safe
disposal
of
PCBs
in
approved
United
States
facilities
poses
less
risk
of
injury
to
health
or
the
environment
in
the
United
States
than
the
continued
presence
of
PCBs
in
the
territories
and
possessions,
since
proper
disposal
in
this
country
provides
protection
against
possible
hazards
from
improper
disposal
elsewhere.
EPA
is
also
concerned
that
the
only
options
currently
available
for
handling
PCBs
in
the
territories
and
possessions
may
violate
the
requirements
of
TSCA
and
its
implementing
regulations.
Indefinite
storage
of
PCB
waste
is
not
lawful
under
EPA's
regulations
at
40
CFR
761.65.
Disposal
in
a
facility
that
is
not
EPA­
approved
would
also
violate
the
regulations.
As
noted
above,
shipment
of
any
wastes
containing
PCBs
³50
ppm
to
a
foreign
country
for
disposal
would
violate
the
export
prohibition.
In
contrast,
residents
of
areas
inside
the
customs
territory
that
do
not
have
EPA­
approved
PCB
disposal
facilities
can
simply
ship
their
PCB
wastes
to
an
approved
facility
in
another
State.
For
example,
the
residents
of
Alaska
and
Hawaii,
States
in
which
no
TSCA­
approved
disposal
facilities
are
located,
can
ship
their
PCBs
to
facilities
in
the
mainland
United
States
for
disposal
(Ref.
13),
in
spite
of
the
fact
that
it
is
impossible
to
move
wastes
from
those
States
to
the
mainland
without
either
entering
Canada
or
crossing
international
waters
(40
CFR
761.99).
EPA
has
determined
that
its
previous
interpretation
of
the
definition
of
``
manufacture''
is
not
mandated
by
the
language
of
TSCA,
results
in
inequitable
treatment
among
different
areas
within
the
United
States,
does
not
adequately
protect
health
and
the
environment
throughout
the
United
States,
and
therefore
is
not
in
the
public
interest.
EPA
believes
that
the
term
``
import,
''
as
commonly
understood,
was
not
intended
to
include
the
movement
of
PCB
waste
that
has
never
been
outside
the
United
States
or
outside
the
regulatory
control
of
TSCA
(after
enactment)
from
one
area
of
the
United
States
(the
territories
and
possessions)
to
another
area
of
the
United
States
(the
mainland)
for
disposal.
There
is
an
obvious
distinction
between
that
type
of
movement
and
the
introduction
of
a
chemical
into
the
United
States
from
a
foreign
country,
which
is
clearly
an
import.
This
latter
category
is
much
more
analogous
to
the
manufacture
of
a
new
chemical
substance
in
the
United
States.
Therefore,
EPA
proposes
to
interpret
the
movement
of
PCB
waste
from
the
territories
and
possessions
into
the
customs
territory
of
the
United
States
for
disposal
not
to
be
an
import,
and
therefore
not
within
the
ban
on
manufacture
under
TSCA
section
6(
e).
This
proposed
interpretive
rule
would
allow
the
movement
of
PCB
waste
for
disposal
among
any
States
of
the
United
States,
as
defined
in
TSCA
sections
3(
13)
and
3(
14),
regardless
of
whether
the
waste
enters
or
leaves
the
customs
territory
of
the
United
States,
provided
that
the
PCBs
in
the
waste
were
present
in
the
United
States
on
January
1,
1979,
when
the
ban
on
manufacturing
took
effect,
and
has
remained
within
the
United
States
since
that
date.
This
would
allow
PCB
waste
that
was
present
in
the
territories
and
possessions
at
the
time
TSCA's
ban
on
manufacturing
took
effect,
and
that
remained
within
the
territories
and
possessions
since
that
date,
to
be
stored
and
disposed
of
in
any
facility
in
the
United
States
that
meets
the
requirements
of
40
CFR
part
761,
subpart
D.
It
would
also
allow
PCBs
that
were
present
in
the
territories
and
possessions
at
the
time
TSCA's
bans
took
effect,
but
were
not
designated
as
waste
until
after
that
date,
to
be
stored
and
disposed
of
in
any
subpart
D
facility
in
the
United
States,
as
long
as
the
PCBs
and
PCB
waste
had
remained
in
the
United
States.
Finally,
it
would
allow
PCBs
or
PCB
wastes
that
were
transferred
from
an
area
in
the
United
States
that
is
outside
the
territories
and
possessions,
but
that
was
moved
to
a
territory
or
possession
after
January
1,
1979,
and
that
has
never
left
the
United
States,
to
be
stored
and
disposed
of
in
any
subpart
D
facility
in
the
United
States.
EPA
would
not
consider
movement
of
any
of
these
wastes
to
the
customs
territory
of
the
United
States
to
be
an
import
subject
to
the
ban
on
manufacturing
under
TSCA
section
6(
e).
This
proposed
rule
would
apply
to
PCB
waste
that
is
present
in
the
territories
and
possessions
as
the
result
of
conduct
that
was
legal
at
the
time
it
occurred
(for
example,
PCB
materials
that
were
brought
to
the
territories
before
TSCA's
ban
on
distribution
in
commerce
became
effective),
and
that
has
been
subject
to
regulation
under
TSCA
throughout
its
lifespan;
or
PCB
equipment
that
was
lawfully
in
use
in
one
of
the
States,
that
was
transferred
to
a
territory
or
possession
for
continued
lawful
use,
and
that
reached
the
end
of
its
useful
life
and
became
subject
to
disposal
while
in
the
territory
or
possession.
This
proposed
amendment
would
also
be
consistent
with
EPA's
longstanding
policy
that
it
does
not
interpret
movement
of
PCBs
purchased
or
procured
in
the
United
States
by
the
Federal
Government,
taken
overseas
for
use
in
United
States
Government
facilities,
remained
under
the
control
and
jurisdiction
of
the
United
States
Government,
and
subsequently
returned
to
the
United
States
for
disposal
in
an
approved
facility
as
either
exports
or
imports
for
purposes
of
TSCA
section
6(
e)
(Refs.
14
and
16).
EPA
established
this
policy
because
the
wastes
had
always
been
the
property
of
the
United
States
and
disposal
facilities
for
these
wastes
might
not
be
readily
available
overseas.
This
proposed
rule
would
not
allow
disposal
in
the
United
States
of
PCBs
transported
to
the
territories
and
possessions
from
foreign
countries
after
the
effective
date
of
the
ban
on
manufacture
in
TSCA
section
6(
e)(
3).
The
purpose
of
this
proposal
is
to
ensure
that
all
United
States
PCB
waste
can
be
disposed
of
in
compliance
with
the
requirements
of
TSCA
section
6(
e)
and
its
implementing
regulations.
This
proposal
is
not
intended
to
allow
the
territories
and
possessions
to
become
a
conduit
to
the
United
States
for
PCB
waste
generated
in
other
countries.

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Federal
Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
Finally,
EPA
has
not
made
a
formal
finding
of
``
no
unreasonable
risk''
for
this
proposed
regulation.
This
regulation
is
not
being
proposed
under
TSCA
section
6(
e),
but
rather
as
an
exercise
of
EPA's
inherent
authority
to
interpret
the
statutes
it
administers.

IV.
References
and
Documents
in
the
Record
As
indicated
in
Unit
I.
B.
2.,
the
official
record
for
this
rulemaking
has
been
established
under
docket
control
number
OPPTS±
66020,
the
public
version
of
which
is
available
for
inspection
as
specified
in
Unit
I.
B.
2.
The
following
is
a
listing
of
the
documents
that
have
already
been
placed
in
the
official
record
for
this
rulemaking:

A.
Federal
Register
Notices
1.
U.
S.
Environmental
Protection
Agency
(USEPA).
44
FR
31514,
May
31,
1979,
``
Polychlorinated
Biphenyls
(PCBs);
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
Prohibitions:
Final
Rule.
''
2.
USEPA.
45
FR
29115,
May
1,
1980,
``
Polychlorinated
Biphenyls
(PCBs);
Expiration
of
the
Open
Border
Policy
for
PCB
Disposal:
Notice.
''
OPTS
62008.
3.
USEPA.
59
FR
62788,
December
6,
1994,
``
Disposal
of
Polychorinated
Biphenyls:
Proposed
Rule.
''
OPPTS±
66009A.
4.
USEPA.
61
FR
11096,
March
18,
1996,
``
Disposal
of
Polychlorinated
Biphenyls;
Import
for
Disposal:
Final
Rule.
''
OPPTS±
66009B.
5.
USEPA.
63
FR
35384,
June
29,
1998,
``
Disposal
of
Polychlorinated
Biphenyls
(PCBs):
Final
Rule.
''
OPPTS±
66009C.

B.
Reference
Documents
1.
USEPA,
Office
of
Research
and
Development
(ORD).
PCBs
Cancer
DoseResponse
Assessment
and
Application
to
Environmental
Mixtures.
EPA600P±
96001F
(September
1996):
75pp.
OPPTS±
66009C.
2.
USEPA,
Office
of
Air
Quality
Planning
and
Standards
(OAQPS).
Deposition
of
Air
Pollutants
to
the
Great
Waters,
First
Report
to
Congress.
EPA±
453R±
93±
055
(May
1994):
136pp.
OPPTS±
66009B.
3.
USEPA,
OAQPS.
Identification
of
Sources
Contributing
to
the
Contamination
of
the
Great
Waters
by
Toxic
Compounds.
EPA±
453R±
94±
087
(March
17,
1993):
145pp.
OPPTS±
66009B.
4.
USEPA,
OAQPS.
Relative
Atmospheric
Loadings
of
Toxic
Contaminants
and
Nitrogen
to
the
Great
Waters.
EPA±
453R±
94±
086
(March
15,
1993):
142pp.
OPPTS±
66009B.
5.
USEPA.
Chapter
2.2,
Exposure
and
Effects
of
Airborne
Contamination
for
the
Great
Waters
Program
Report.
EPA±
453R±
94±
085
(December
22,
1992):
201pp.
OPPTS±
66009B.
6.
USEPA,
Office
of
Prevention,
Pesticides,
and
Toxic
Substances
(OPPTS).
Commercially
Permitted
PCB
Disposal
Companies
(April
2000):
3pp.
7.
USEPA,
Office
of
Pollution
Prevention
and
Toxics
(OPPT).
Excerpt
from
the
PCB
Waste
Handler
Database;
Facility
Information
for
U.
S.
Territories
and
Possessions
(September
27,
2000):
12pp.
8.
USEPA,
Region
IX.
Memo
from
Lily
Lee,
Guam
Program
Manager,
to
Enrique
Manzanilla,
Director,
Cross
Media
Division,
Re:
Summary
of
PCB
Waste
Quantities
and
Concentrations
in
the
US
Territories
(July
19,
2000):
5pp.
9.
Unitek
Environmental­
Guam.
Letter
from
LeRoy
Moore,
President,
to
John
Malone
[sic],
Director,
National
Program
Chemicals
Division,
Re:
PCB
Shipments
from
Guam
and
Possessions
of
the
United
States
for
Disposal
in
the
Mainland
United
States
(May
11,
2000):
2pp.
10.
USEPA,
OPPT.
Note
from
Peter
Gimlin
to
the
File,
Re:
Unitek
Environmental­
Guam
(UEG)
Meeting
(September
27,
2000):
1p.
11.
U.
S.
Congress.
Letter
from
Robert
A.
Underwood,
House
of
Representatives,
to
Carol
M.
Browner,
Administrator,
EPA,
Re:
Disposal
of
Polychlorinated
Biphenyls
(PCBs)
from
Guam
and
the
Other
U.
S.
Territories
(April
12,
2000):
2pp.
12.
USEPA,
Region
IX.
Letter
from
Felicia
Marcus,
Regional
Administrator,
to
Robert
A.
Underwood,
U.
S.
House
of
Representatives,
Re:
Disposal
of
Polychlorinated
Biphenyl
Waste
(February
4,
2000):
2pp.
13.
USEPA,
OPPT.
Memo
from
John
W.
Melone,
Director,
Chemical
Management
Division,
to
George
Abel,
Chief,
Pesticides
and
Toxic
Substances
Branch,
USEPA
Region
X,
Re:
Transit
of
PCB
Waste
Generated
in
the
United
States
Through
a
Foreign
Country
(January
19,
1995):
2pp.
14.
USEPA,
OPPT.
Letter
from
John
W.
Melone,
Director,
Chemical
Management
Division,
to
Arthur
J.
Brown,
National
Science
Foundation,
Re:
Request
to
Return
PCBs
in
Antarctica
to
the
United
States
for
Disposal
(March
11,
1994):
3pp.
15.
USEPA,
OCM
and
OE.
Letter
from
Michael
F.
Wood,
Director,
Compliance
Division,
and
Michael
J.
Walker,
Enforcement
Counsel
for
the
Toxics
Litigation
Division,
to
Marion
P.
Herrington,
General
Electric
Company,
Re:
Transfer
of
PCB
Waste
Generated
in
A
U.
S.
Territory
to
An
Approved
Disposal
Facility
in
the
Continental
United
States
(August
14,
1992):
2pp.
16.
USEPA,
Office
of
Toxic
Substances
(OTS).
Letter
from
Don
R.
Clay,
Director
to
Colonel
Joseph
T.
Cuccaro,
Defense
Logistics
Agency,
Re:
USEPA
Position
on
DOD
Owned
PCB
Fluid
Located
Abroad
and
Returned
to
the
U.
S.
for
Disposal
(February
7,
1984):
3pp.
17.
United
Nations
Environment
Programme
(UNEP).
Inventory
of
World­
wide
PCB
Destruction
Capacity,
First
Issue
(December
1998):
85pp.
18.
U.
S.
Congress.
Congressional
Record
from
the
House
of
Representatives,
H8598,
Guam's
Environmental
Problems
(October
2,
2000):
1p.
19.
U.
S.
Congress.
Letter
from
Robert
A.
Underwood,
House
of
Representatives,
to
Carol
Browner,
Administrator,
EPA,
Re:
Inability
of
Guam
to
Import
PCBs
into
the
U.
S.
Mainland
for
Proper
Disposal
(December
10,
1999):
2
pp.
20.
USEPA,
OPPTS.
Letter
from
Susan
H.
Wayland,
Acting
Assistant
Administrator,
to
Robert
A.
Underwood,
U.
S.
House
of
Representatives,
Re:
Disposal
of
PCB
Waste
in
Guam
(June
14,
2000):
2
pp.
21.
USEPA,
OPPTS.
Letter
from
Susan
H.
Wayland,
Acting
Assistant
Administrator,
to
Robert
A.
Underwood,
U.
S.
House
of
Representatives,
Re:
Meeting
on
PCB
Waste
in
Guam
(September
29,
2000):
2
pp.

V.
Regulatory
Assessment
Requirements
A.
Executive
Order
12866
Under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(58
FR
51735,
October
4,
1993),
the
Office
of
Management
and
Budget
(OMB)
has
determined
that
this
action
is
not
a
``
significant
regulatory
action''
subject
to
review
by
OMB,
because
this
action
is
not
likely
to
result
in
a
rule
that
meets
any
of
the
criteria
for
a
``
significant
regulatory
action''
provided
in
section
3(
f)
of
the
Executive
Order.
This
proposed
rule
simply
clarifies
EPA's
interpretation
of
the
TSCA
section
6(
e)
provisions
relating
to
the
manufacture
of
PCBs.

B.
Regulatory
Flexibility
Act
(RFA)

Pursuant
to
section
605(
b)
of
the
Regulatory
Flexibility
Act
(RFA),
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
5
U.
S.
C.
601
et
seq.,
the
Agency
hereby
certifies
that
this
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
The
factual
basis
for
this
determination
is
that
this
action
is
not
expected
to
result
in
any
direct
adverse
impact
for
small
entities.
This
rule
interprets
the
prohibition
on
the
``
manufacture
of
PCBs''
in
a
manner
which
affords
U.
S.
citizens
(including
small
entities)
residing
in
U.
S.
territories
and
possessions
located
outside
the
``
customs
territory
of
the
United
States''
an
opportunity
to
dispose
of
PCB
waste
when
facilities
that
require
EPA
approval
to
manage
PCB
waste
are
not
readily
available.
This
rule
is
being
promulgated
in
the
public
interest
to
ensure
equitable
treatment
among
different
areas
within
the
United
States
and
adequate
protection
of
health
and
the
environment
throughout
the
United
States.
This
rule
provides
a
mechanism
for
the
disposal
of
PCB
waste
resulting
from
natural
disasters
(e.
g.,
tropical
storms,
cyclones,
typhoons
and
hurricanes),
former
use
of
U.
S.
territories
and
possessions
for
defense
purposes,
spills
of
PCBs
and
when
PCB
equipment
has
reached
the
end
of
its
natural
life
span.

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Federal
Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
C.
Paperwork
Reduction
Act
(PRA)

This
regulatory
action
does
not
contain
any
information
collection
requirements
that
require
approval
by
the
Office
of
Management
and
Budget
(OMB)
under
the
Paperwork
Reduction
Act
(PRA),
44
U.
S.
C.
3501
et
seq.

D.
Unfunded
Mandates
Reform
Act
(UMRA)

Pursuant
to
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(UMRA),
Public
Law
104±
4,
EPA
has
determined
that
this
action
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$100
million
or
more
for
State,
local
or
tribal
governments,
in
the
aggregate,
or
on
the
private
sector
in
any
one
year.
The
UMRA
requirements
in
sections
202,
204,
and
205
do
not
apply
to
this
rule,
because
this
action
does
not
contain
any
``
Federal
mandates''
or
impose
any
``
enforceable
duty''
as
defined
by
UMRA
on
StateTribal,
or
local
governments
or
on
the
private
sector.
The
requirements
in
section
203
do
not
apply
because
this
rule
does
not
contain
any
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.

E.
Executive
Order
13132
Executive
Order
13132,
entitled
Federalism
(64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.
''
``
Policies
that
have
federalism
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.
''
This
proposed
rule
does
not
have
federalism
implications,
because
it
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
This
action
interprets
the
TSCA
prohibition
on
the
manufacture
of
PCBs
in
a
manner
which
allows
PCB
waste
in
U.
S.
territories
and
possessions
located
outside
of
the
customs
territory
of
the
U.
S.
to
be
disposed
of
in
EPA­
approved
facilities
on
the
mainland
of
the
United
States.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
rule.
F.
Executive
Order
13084
Under
Executive
Order
13084,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(63
FR
27655,
May
19,
1998),
EPA
may
not
issue
a
regulation
that
is
not
required
by
statute,
that
significantly
or
uniquely
affects
the
communities
of
Indian
tribal
governments,
and
that
imposes
substantial
direct
compliance
costs
on
those
communities
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
the
tribal
governments,
or
EPA
consults
with
those
governments.
If
EPA
complies
by
consulting,
Executive
Order
13084
requires
EPA
to
provide
to
the
Office
of
Management
and
Budget,
in
a
separately
identified
section
of
the
preamble
to
the
rule,
a
description
of
the
extent
of
EPA's
prior
consultation
with
representatives
of
affected
tribal
governments,
a
summary
of
the
nature
of
their
concerns,
and
a
statement
supporting
the
need
to
issue
the
regulation.
In
addition,
Executive
Order
13084
requires
EPA
to
develop
an
effective
process
permitting
elected
officials
and
other
representatives
of
Indian
tribal
governments
``
to
provide
meaningful
and
timely
input
in
the
development
of
regulatory
policies
on
matters
that
significantly
or
uniquely
affect
their
communities.
''
This
rule
does
not
significantly
or
uniquely
affect
the
communities
of
Indian
tribal
governments,
nor
does
it
impose
substantial
direct
compliance
costs
on
such
communities.
It
interprets
the
TSCA
prohibition
on
the
manufacture
of
PCBs
in
a
manner
which
allows
PCB
waste
in
U.
S.
territories
and
possessions
located
outside
of
the
customs
territory
of
the
U.
S.
to
be
disposed
of
in
EPA­
approved
facilities
on
the
mainland
of
the
United
States.
Accordingly,
the
requirements
of
section
3(
b)
of
Executive
Order
13084
do
not
apply
to
this
rule.

G.
Executive
Order
12898
Pursuant
to
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(59
FR
7629,
February
16,
1994),
the
Agency
has
considered
environmental
justice
related
issues
with
regard
to
the
potential
impacts
of
this
action
on
the
environmental
and
health
conditions
in
low­
income
and
minority
communities.
EPA
finds
that
the
amendments
in
this
proposed
rule
will
reduce
the
risk
to
human
health
and
the
environment
from
exposure
to
PCBs,
particularly
in
low­
income
and
minority
communities.
This
proposed
rule
would
allow
PCB
waste
found
in
U.
S.
territories
and
possessions
located
outside
of
the
customs
territory
of
the
U.
S.
to
be
disposed
of
in
EPA­
approved
facilities
on
the
mainland
of
the
United
States.

H.
Executive
Order
13045
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(62
FR
19885,
April
23,
1997),
does
not
apply
to
this
rule,
because
it
is
not
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
does
not
involve
decisions
on
environmental
health
risks
or
safety
risks
that
may
disproportionately
affect
children.
This
proposed
regulation
would
allow
PCB
waste
in
U.
S.
territories
and
possessions
located
outside
of
the
customs
territory
of
the
U.
S.
to
be
disposed
of
in
EPA­
approved
facilities
on
the
mainland
of
the
United
States.
Therefore,
the
disposal
of
PCB
waste
will
occur
where
children
are
either
not
present
or
not
permitted,
and
the
disposal
activity
will
pose
no
special
risks
to
children.
Also,
the
rule
will
prevent
exposure
of
children
in
U.
S.
territories
and
possessions
to
PCBs
that
might
result
from
improper
storage
or
disposal
of
PCB
waste.

I.
National
Technology
Transfer
and
Advancement
Act
(NTTAA)

This
regulatory
action
does
not
involve
any
technical
standards
that
would
require
Agency
consideration
of
voluntary
consensus
standards
pursuant
to
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(NTTAA),
Public
Law
104±
113,
section
12(
d)
(15
U.
S.
C.
272
note).

J.
Executive
Order
12630
EPA
has
complied
with
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(53
FR
8859,
March
15,
1988),
by
examining
the
takings
implications
of
this
rule
in
accordance
with
the
``
Attorney
General's
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
Avoidance
of
Unanticipated
Takings''
issued
under
the
Executive
Order.

K.
Executive
Order
12778
In
issuing
this
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct,
as
required
by
section
3
of
Executive
Order
12988,
entitled
Civil
Justice
Reform
(61
FR
4729,
February
7,
1996).

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65660
Federal
Register
/
Vol.
65,
No.
212
/
Wednesday,
November
1,
2000
/
Proposed
Rules
List
of
Subjects
in
40
CFR
Part
761
Environmental
protection,
Hazardous
substances,
Labeling,
Polychlorinated
Biphenyls
(PCBs),
Recordkeeping
and
reporting
requirements.

Dated:
October
24,
2000.

Carol
M.
Browner,

Administrator.

Therefore,
40
CFR
chapter
I,
part
761
is
proposed
to
be
amended
as
follows:
PART
761Ð[
AMENDED]

1.
The
authority
citation
for
part
761
will
continue
to
read
as
follows:

Authority:
15
U.
S.
C.
2605,
2607,
2611,
2614,
and
2616.

2.
Section
761.99
is
amended
by
adding
paragraph
(c)
to
read
as
follows:

§761.99
Other
transboundary
shipments.

*
*
*
*
*
(c)
PCB
waste
transported
from
any
State
to
any
other
State
for
disposal,
regardless
of
whether
the
waste
enters
or
leaves
the
customs
territory
of
the
United
States,
provided
that
the
PCB
waste
or
the
PCBs
from
which
the
waste
was
derived
were
present
in
the
United
States
on
January
1,
1979,
and
have
remained
within
the
United
States
since
that
date.

[FR
Doc
00±
27971
Filed
10±
26±
00;
4:
34
p.
m.]

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