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Use Authorization Non-liquid PcBs; Partial Reopening of Comment
>[Federal Register: December 10, 1999 (Volume 64, Number 237)]
>[Proposed Rule]
>[Page 69357-69364]
>>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
>[DOCID:fr10de99-20]
>
>[[Page 69357]]
>
>_______________________________________________________________________
>
>Part III
>
>Environmental Protection Agency
>
>_______________________________________________________________________
>
>40 CFR Part 761
>
>Use Authorization for, and Distribution in Commerce of, Non-liquid
>Polychlorinated Biphenyls; Notice of Availability; Partial Reopening of
>Comment Period; Proposed Rule
>
>[[Page 69358]]
>
>-----------------------------------------------------------------------
>
>ENVIRONMENTAL PROTECTION AGENCY
>
>40 CFR Part 761
>
>[OPPTS-66009F; FRL-6064-7]
>RIN 2070-AD27
>
>
>Use Authorization for, and Distribution in Commerce of, Non-
>liquid Polychlorinated Biphenyls; Notice of Availability; Partial
>Reopening of Comment Period
>
>AGENCY: Environmental Protection Agency (EPA).
>
>ACTION: Proposed rule; notice of data availability; partial reopening
>of comment period.
>
>-----------------------------------------------------------------------
>
>SUMMARY: This action announces the availability of data that were
>submitted to EPA after the comment period closed for the December 6,
>1994 proposal on the disposal of polychlorinated biphenyls (PCBs). This
>action also solicits additional information on the potential risks of
>exposure to PCBs, and the use and concentration of PCBs found in
>certain non-liquid PCB (NLPCB) applications. In the proposal of
>December 6, 1994, EPA solicited comment on a provision that would
>authorize the use of certain NLPCB applications (i.e., proposed
>Sec. 761.30(q)). In addition to authorizing these uses, the proposed
>provision would have required compliance with several conditions (e.g.,
>notification, marking, air monitoring and standard wipe tests,
>remediation, repair and/or removal, reporting and recordkeeping
>requirements). EPA is particularly interested in data regarding the PCB
>concentration and route(s) of exposure to PCBs found in the NLPCB
>applications that are the subject of this action and the associated
>risks of exposure. This action starts a 120-day data submission period
>which will be followed by an additional 90-day period for public
>comment on existing and new data submissions. Since EPA may rely on the
>data submissions that are generated as a result of this action to
>develop a final rule to authorize the use of these NLPCB applications,
>the Agency is providing the additional 90-day comment period for
>parties who are interested in reviewing and commenting on any of the
>existing or newly submitted data.
>
>DATES: Data submissions must be received by EPA on or before April 10,
>2000. Comments must be received by EPA on or before July 7, 2000.
>ADDRESSES: Comments may be submitted by mail, electronically, or in
>person. Please follow the detailed instructions for each method as
>provided in Unit III. of the ``SUPPLEMENTARY INFORMATION'' section. To
>ensure proper receipt by EPA, it is imperative that you identify docket
>control number OPPTS-66009F in the subject line on the first page of
>your response.
>
>FOR FURTHER INFORMATION CONTACT: For general information contact:
>Christine Augustyniak, Associate Director, Environmental Assistance
>Division (Mail Code 7408), Office of Pollution Prevention and Toxics,
>Rm. E-543B, Environmental Protection Agency, 401 M St., SW.,
>Washington, DC 20460; telephone: (202) 554-1404, TDD: (202) 554-0551,
>e-mail: TSCA-Hotline@epa.gov.
> For technical information contact: Peggy Reynolds, Environmental
>Protection Agency, (Mail Code 7404), 401 M St., SW., Washington, DC
>20460; telephone: (202) 260-3965, fax: (202) 260-1724, e-mail:
>reynolds.peggy@epa.gov.
>SUPPLEMENTARY INFORMATION:
>
>I. Does this Action Apply to Me?
>
> You may be affected by this supplemental action if you own, use,
>process or distribute PCBs in commerce. Affected categories and
>entities include:
>
>------------------------------------------------------------------------
> Examples of Affected
> Category Entities
>------------------------------------------------------------------------
>Industry Electroindustry
> manufacturers, end-users of
> electricity and general
> contractors
>
>------------------------------------------------------------------------
>Utilities and rural electric cooperatives Electric power and light
> companies
>
>------------------------------------------------------------------------
>Individuals, Federal, State, and Municipal Individuals and agencies
> Governments which own, use, process and
> distribute PCBs in commerce
>------------------------------------------------------------------------
>
>This table is not exhaustive, but lists the types of entities that
>could potentially be affected by this action. Other types of entities
>may also be interested in this action. To determine whether your entity
>is affected by this action, carefully examine the applicability
>criteria in Title 40 of the Code of Federal Regulations (CFR), part
>761. If you have any questions regarding the applicability of this
>action to a particular entity, you should consult the applicable
>regulations, or the technical contact listed in ``FOR FURTHER
>INFORMATION CONTACT'' for the referenced final rule.
>
>II. How Can I Get Additional Information, Copies of this Document,
>and Support Documents?
>
> 1. Electronically. You may obtain electronic copies of this
>document on the Internet from the EPA Home Page at http://www.epa.gov.
>An electronic copy of this document can be found under the ``Federal
>Register-Environmental Documents'' listing and the date of the
>publication of this document in the Federal Register (http://
>www.epa.gov/fedrgstr/EPA-TOX/1999/).
> 2. In person. The official record for this action, including the
>public version, has been established under docket control number OPPTS-
>66009F. The official record also includes all material and submissions
>filed under docket control number OPPTS-66009C, the record for the
>referenced final rule. The public version of the record, including
>printed, paper versions of any electronic comments, which does not
>include any information claimed as confidential business information
>(CBI), is available for inspection in the TSCA Nonconfidential
>Information Center, Northeast Mall Rm. NE-B607, 401 M St., SW.,
>Washington, DC. The Center is open from noon to 4 p.m., Monday through
>Friday, excluding legal holidays. The telephone number of the Center is
>(202) 260-7099.
>
>III. 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
>
>[[Page 69359]]
>
>imperative that you identify docket control number OPPTS-66009F 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), Environmental
>Protection Agency, 401 M St., SW., Washington, DC 20460.
> 2. In person or by courier. Deliver your comments to: OPPT Document
>Control Office (DCO) in the 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 your computer disk to the
>address identified above. Do not submit any information electronically
>that you consider to be CBI. Electronic 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 6.1/8.0 or ASCII file format. All comments in electronic
>form must be identified by the docket control number OPPTS-66009F.
>Electronic comments may also be filed online at many Federal Depository
>Libraries.
>
>IV. How Should I Handle CBI Information 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.
>
>V. What Does this Action Do?
>
> This action announces the availability of data that were submitted
>to EPA after the comment period closed for the December 6, 1994
>proposed rule (59 FR 62788) (FRL-4167-1). These data, as described
>below, are available for review and comment. This action also solicits
>additional information and comment on the potential risks of exposure
>to PCBs, and the use and concentration of PCBs found in the non-liquid
>PCB (NLPCB) applications that are the subject of this action. EPA
>proposed to amend its rules under the Toxic Substances Control Act
>(TSCA) to authorize the use of NLPCBs and their distribution in
>commerce, and to impose related information collection requirements.
>These issues had also been discussed in the Advanced Notice of Proposed
>Rulemaking (ANPR) of June 10, 1991 (56 FR 26740).
> In advocating the removal of the conditions that were included in
>the December 6, 1994 proposal (e.g., notification, marking, air
>monitoring and standard wipe tests, remediation, repair and/or removal,
>reporting and recordkeeping requirements), some commenters submitted
>supplemental data that they claim showed that these NLPCB uses ``do not
>pose a risk above acceptable measures.'' However, EPA did not include
>this use authorization in the final rule which was published on June
>29, 1998 (63 FR 35384) (FRL-5726-1) because insufficient data were
>available to enable the Agency to make the no unreasonable risk finding
>for many of the NLPCB uses. These data submissions, as well as an
>assessment of those data are available for inspection (see the listing
>of reference documents at Unit VIII. of this action) in the TSCA Public
>Docket Office. In the absence of data which could be used to determine
>whether a correlation exists between PCB bulk sample results and PCB
>surface contamination, several conservative assumptions were used in
>the draft risk document (see Ref. 23 ``Revised Draft, Assessment of
>Risks Associated with Proposed PCB Use Authorizations''). The Agency
>solicits public comment on these materials, and in particular, would
>appreciate comments, which are supported by data, regarding the draft
>risk analysis.
>
>VI. What Non-liquid PCB Uses Are of Interest to EPA?
>
> In the ANPR (June 10, 1991), EPA solicited information on
>unauthorized uses of NLPCBs in existing applications, and in the NPRM
>of December 6, 1994 (59 FR 62788), EPA solicited comments regarding a
>provision which would authorize the use of these NLPCBs. Items not
>authorized by the regulations but currently in use and identified as
>containing PCBs include, but are not limited to, some wool felt
>insulating materials, plastics, paint formulations, small rubber parts,
>adhesive tape, insulating materials used in electrical cabling,
>fluorescent light ballast potting materials, gaskets in heating,
>ventilation and air conditioning and other duct systems, caulking,
>coatings for ceiling tiles, flooring and floor wax/sealants, roofing
>and siding materials, adhesives, waterproofing compounds, anti-fouling
>compounds, fire retardant coatings, coal-tar enamel coatings for steel
>water pipe and underground storage tanks (i.e., American Water Works
>Association (AWWA) Standard C203 coal tar enamel), and any number of
>other chemical uses such as additives and plasticizers. The PCB
>contamination in these various products was reported to range from <1
>to 688,498 parts per million (ppm). EPA is interested in data for those
>NLPCBs that do not satisfy the criteria for excluded PCB products,
>recycled PCBs, or inadvertently generated PCBs (i.e., generally
>historic uses of PCBs at concentrations of <50 ppm PCB) which are
>authorized by the current regulations. (For a detailed discussion, see
>40 CFR 761.3 for the definitions of ``excluded PCB products'' and
>``recycled PCBs.'' Also see the definition for ``excluded manufacturing
>processes'' at 40 CFR 761.3, the regulatory requirements for excluded
>manufacturing processes at 40 CFR 761.185 and 761.187, and the
>requirements for inadvertently generated PCBs at 40 CFR 761.193.)
> A brief description of the non-liquid PCB uses which have been
>reported to EPA follows. Limited information regarding many of these
>products is contained in the NPRM (see 59 FR 62809-62811, December 6,
>1994), as well as the comments and data that were submitted to EPA in
>response to the ANPR and NPRM (OPPTS-66009/66009A) and are summarized
>below. The following descriptions also reflect information gained by
>EPA over the course of implementing the PCB program. Additional non-
>liquid PCB products, when discovered, may also be covered by this use
>authorization. Therefore, information concerning unauthorized NLPCB
>uses which have not been identified above are also of interest and may
>be submitted to the Agency.
> <bullet> Insulation (e.g., wool felt, foam rubber and fiberglass)
>and sound-dampening materials. These materials have been found to
>contain PCBs at concentrations which exceed 50 ppm. Wool felt and foam
>rubber insulation, as well as sound-dampening materials have been
>discovered in naval vessels and may include ships of all types, as well
>as nuclear submarine reactor
>
>[[Page 69360]]
>
>compartments. PCB concentrations were reported to range from <1 ppm to
>a high of 688,498 ppm (Ref. 15). Fiberglass insulation containing PCBs
>has been found in federally owned buildings at various concentrations.
>Bulk PCB concentrations were reported to range between <1 to 39,158
>ppm, and surface contamination was reported to range between 7.5 to 188
>micrograms per 100 square centimeters. All air samples were reported by
>the submitter as being below the analytical detection limit which was
>generally reported as 0.97 micrograms per cubic meter (Ref. 3). The use
>of PCB-contaminated fiberglass insulation may be widespread throughout
>the United States.
> <bullet> Plastics, small foam rubber and rubber parts, adhesive
>tape, and insulating materials used in electrical cabling. PCBs may be
>in many of the components of electric cable at concentrations ranging
>from <1 ppm PCBs to 280,000 ppm PCBs (Refs. 15 and 16). In addition to
>electrical applications, these components may be in widespread use in
>marine and industrial applications. It is not clear whether PCB-
>containing cables would be found in residential settings.
> <bullet> Paint formulations. During the 1950-1960 time frame, PCBs
>