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EPA/SWER

RIN: 2050-AG42

Publication ID: Spring 2009

Title: Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal
Abstract: Section 6(e)(3)(B) of the Toxic Substances Control Act (TSCA) provides that the Administrator may grant, by rule, exemptions from the prohibitions against manufacturing, processing and distribution in commerce of PCBs upon finding that 1) no unreasonable risk to health or the environment will occur, and 2) good faith efforts have been made by the petitioner to develop a substitute for PCB which does not pose an unreasonable risk of injury to health or the environment. This entry is intended to capture petitions that request an exemption to dispose of PCBs. These petitions are managed by the Office of Resource Conservation and Recovery. Any petitions for exemptions to manufacture PCBs other than for disposal are still managed by the Office of Pollution Prevention and Toxics, and are captured by a separate Regulatory Agenda entry. Currently, one petition is pending. On November 14, 2006, Veolia ES Technical Solutions submitted a petition to EPA to import up to 20,000 tons of PCB waste from Mexico for disposal at Veolia's TSCA-approved facility in Port Arthur, Texas. As a result of a public hearing, EPA forwarded a number of questions to Veolia to assist in clarifying material substantive to a rulemaking. Due to time constraints placed on the facility personnel from Hurricane Ike recovery efforts, Veolia has not yet responded to the questions. Additionally, EPA is still gathering additional information to ensure a complete and accurate record for the rulemaking.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 761
Legal Authority: 15 USC 2605 "TSCA 6(e)(3)(B)"

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM: Veolia Petition	03/06/2008	73 FR 12053
Extension of Comment Period Notice	04/21/2008	73 FR 21299
Notice of Informal Public Hearing	05/19/2008	73 FR 28786
Final: Veolia Petition	To Be Determined

Additional Information: SAN No. 2150.2; EPA publication information: NPRM: Veolia Petition - http://www.epa.gov/fedrgstr/EPA-TOX/2008/March/Day-06/t4429.pdf; Split from RIN 2070-AB20.; EPA Docket information: EPA-HQ-RCRA-2008-0123
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.epa.gov/pcb
RIN Data Printed in the FR: No
Agency Contact: William Noggle Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1306 Email: noggle.william@epa.gov Frank McAlister Environmental Protection Agency Solid Waste and Emergency Response 7404T, Washington, DC 20460 Phone:703 308-8196 Fax:202 566-0473 Email: mcalister.frank@epamail.epa.gov