

[Federal Register: April 4, 2006 (Volume 71, Number 64)]
[Rules and Regulations]               
[Page 16703-16704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap06-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-OPPT-2004-0123; FRL-7687-9]

 
Polychlorinated Biphenyl (PCB) Site Revitalization Guidance Under 
the Toxic Substances Control Act (TSCA); Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY:  The Agency is making available a guide for complying with the 
Toxic Substances Control Act (TSCA) regulations for the cleanup and 
disposal of polychlorinated biphenyl (PCB) contamination. In August 
2003, EPA determined that the distribution in commerce of real property 
contaminated with PCBs is not a prohibited distribution in commerce of 
PCBs. As a result, the transfer in ownership of contaminated real 
property may serve to expedite cleanup efforts of contaminated 
properties and result in increased opportunities for economic 
redevelopment of land that otherwise would remain barren and unsightly. 
The guidance document, ``Polychlorinated Biphenyl (PCB) Site 
Revitalization Guidance Under the Toxic Substances Control Act 
(TSCA),'' will assist individuals in navigating the TSCA PCB 
regulations in 40 CFR part 761 for relevant PCB cleanup and disposal 
requirements. It should be useful to individuals who are planning or 
are engaged in PCB remediation activities (e.g., the redevelopment of 
sites with PCB contamination), as well as State environmental officials 
who are implementing State response programs, in complying with the PCB 
waste management requirements promulgated under section 6(e) of TSCA.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

    For technical information contact: Rebecca Woods or Sara McGurk, 
National Program Chemicals Division (7404T), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 566-1277 or (202) 566-0480; e-mail address: woods.rebecca@epa.gov 
or mcgurk.sara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you own or 
acquire real property that has been contaminated with PCBs. The 
requirements for cleanup and disposal of PCB remediation waste are 
codified at 40 CFR 761.50(b)(3) and 761.61 and are applicable to the 
cleanup of wastes resulting from the disposal (e.g., spills, leaks, or 
any uncontrolled discharge) of liquids containing PCBs. Since the PCB 
regulations promulgated under section 6(e) of TSCA are not delegable, 
these Federal requirements serve as the baseline for the management of 
PCB wastes. Potentially affected entities may include, but are not 
limited to:
     Oil and Gas Extraction (NAICS code 21111), e.g., Former 
and existing facilities with surfaces contaminated by PCBs.
     Electric Power Generation, Transmission and Distribution 
(NAICS code 2211), e.g., Former and existing facilities with surfaces 
contaminated by PCBs.
     Construction (NAICS code 23), e.g., Former and existing 
facilities with surfaces contaminated by PCBs.
     Food Manufacturing (NAICS code 311), e.g., Former and 
existing facilities with surfaces contaminated by PCBs.
     Paper Manufacturing (NAICS code 322), e.g., Former and 
existing facilities with surfaces contaminated by PCBs.
     Petroleum and Coal Products Manufacturing (NAICS code 
324), e.g., Former and existing facilities with surfaces contaminated 
by PCBs.
     Primary Metal Manufacturing (NAICS code 331), e.g., Former 
and existing facilities with surfaces contaminated by PCBs.
     Rail Transportation (NAICS code 48211), e.g.,Former and 
existing facilities with surfaces contaminated by PCBs.

[[Page 16704]]

     Lessors of Real Estate (NAICS code 5311), e.g., Former and 
existing facilities with surfaces contaminated by PCBs.
     Professional, Scientific and Technical Services (NAICS 
code 54), e.g., Testing laboratories, environmental consulting.
     Waste Treatment and Disposal (NAICS code 5622), e.g., 
Former and existing facilities with surfaces contaminated by PCBs.
     Repair and Maintenance (NAICS code 811), e.g., Repair and 
maintenance of appliances, machinery, and equipment.
     Public Administration (NAICS code 92), e.g., Federal, 
State, and local agencies.
    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 in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether 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 Unit II. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult either technical person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPPT-2004-0123. Publicly 
available docket materials are available electronically at http://www.regulations.gov
 or in hard copy at the OPPT Docket, EPA Docket 

Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center 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.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr.


II. What Action is the Agency Taking?

    This action announces the availability of a guidance document 
entitled, Polychlorinated Biphenyl (PCB) Site Revitalization Guidance 
Under the Toxic Substances Control Act (TSCA). This guidance document 
was developed to provide assistance to individuals who need to navigate 
the TSCA PCB regulations for the requirements applicable to the cleanup 
and disposal of PCB remediation waste. As guidance, this document 
presents existing requirements and is not intended to impose any new 
requirements. The primary focus of this guidance is the self-
implementing aspects of the PCB remediation waste provision at 40 CFR 
761.61 which governs the management of PCB waste generated as the 
result of PCB spills and associated cleanup activities.
    Polychlorinated biphenyls are a class of 209 synthetic compounds 
which have no known counterpart in the natural environment. They were 
first manufactured for commercial use in 1929 under the brand name 
``Arochlor.'' PCBs have been used in many electrical devices due to 
their superior cooling, insulating, and dielectric properties. In 
addition, PCBs have been used in various products for example as 
plasticizers, pesticide extenders, flame retardants and fillers. The 
unique combination of physical and chemical properties of PCBs, which 
made them so valuable commercially, are the same traits that make 
releases environmentally detrimental (e.g., very stable compounds which 
resist breakdown from high temperatures and aging; are not 
biodegradable and are therefore persistent in the environment; are not 
considered volatile; are odorless unless mixed with other solvents and 
additives). The Toxic Substances Control Act, enacted October 1976, 
mandated specific prohibitions and/or restrictions on the manufacture, 
processing, use, and distribution in commerce of PCBs, and any 
combination of those activities (see section 6(e) of TSCA). Regulations 
implementing these requirements are promulgated at 40 CFR part 761.
    The Agency anticipates this guidance will be beneficial to 
individuals who want to use the self-implementing cleanup procedures 
and to State environmental officials who are implementing voluntary 
cleanup and response programs, and seek to be in compliance with the 
Federal requirements under TSCA for PCB remediation waste management 
activities. Finally, the guidance document provides EPA's 
interpretation of the use authorization for contaminated porous 
surfaces at 40 CFR 761.30(p) in light of the Court's ruling in Utility 
Solid Waste Activities Group v. EPA, 236 F.3d 749 (D.C. Circuit 2001) 
(USWAG). In USWAG, the Court vacated a technical amendment to the use 
authorization for porous surfaces because the amendment was not 
promulgated through notice and comment rulemaking (see the Federal 
Register of June 20, 2003 (68 FR 36927) (FRL-7314-2) for additional 
background information). In the future, EPA plans to initiate notice 
and comment rulemaking to further clarify the applicability of the use 
authorization for contaminated porous surfaces.
    Copies of the guidance document are available from these sources:
    1. The Agency's PCB website at http://www.epa.gov/pcb under 

``Interpretive Guidance.''
    2. http://www.regulations.gov.

    3. The TSCA Assistance Information Service (TAIS), call (202) 554-
1404 or send an e-mail to TSCA-Hotline@epa.gov.
    4. Either technical person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects in 40 CFR Part 761

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


    Dated: March 23, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 06-3206 Filed 4-3-06; 8:45 am]

BILLING CODE 6560-50-S
