# Presentation: 033274

## Hearing on the Veolia PCB Import Exemption June 19, 2008

- Hearing on the Veolia PCB Import Exemption June 19, 2008

## 
EPA Rulemaking on Veolia Import Petition

- EPA Rulemaking on Veolia Import Petition

- General PCB Information
- Federal Requirements Controlling PCB Imports
- Background on Veolia’s Import Petition
- Rulemaking Process
- Hearing Format, Rules, and Objectives

## 
What are PCBs?

- What are PCBs?

**P**oly**c**hlorinated **B**iphenyls (PCB)
- PCBs belong to a broad family of man-made organic chemicals known as chlorinated hydrocarbons. PCBs were domestically manufactured from 1929 until their manufacture was banned in 1978. They have a range of toxicity and vary in consistency from thin, light-colored liquids to yellow or black waxy solids

## 
What are PCBs?

- What are PCBs?

**P**oly**c**hlorinated **B**iphenyls (PCB)
- PCBs have been demonstrated to cause a variety of adverse health effects
- PCBs do not readily break down and therefore may remain for long periods of time cycling between air, water, and soil. PCBs can be carried long distances and have been found in snow and sea water in areas far away from where they were released into the environment
- PCBs can accumulate in the leaves and above-ground parts of plants and food crops. They are also taken up into the bodies of small organisms and fish. As a result, people who ingest these foods may be exposed to PCBs that have bioaccumulated in the food

## 
Where are PCBs found?

- Where are PCBs found?

- Due to their non-flammability, chemical stability, high boiling point, and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications...
- Transformers
- Capacitors, including those in old appliances
- Other electrical equipment including voltage regulators, switches, bushings, and electromagnets
- Oil used in motors and hydraulic systems
- Fluorescent light ballasts
- Cable insulation
- Thermal insulation material including fiberglass, felt, foam, and cork
- Adhesives and tapes
- Oil-based paint
- Caulking
- Plastics
- Carbonless copy paper

## 
Controls on PCBs

- Controls on PCBs

- In 1976, Congress passed the Toxic Substances Control Act (TSCA) which prohibited the manufacture of PCBs
- Since 1979, use of PCBs in the US is no longer allowed except in specified circumstances
- So today we are essentially addressing a legacy problem – properly destroying the remaining PCBs that have been collected or are ending their service

## 
Controls on PCB Imports

- Controls on PCB Imports

- PCB imports are banned under the Toxic Substances Control Act, with the following exception...
- EPA may grant one-year import exemption ***by rule***
- Defense Logistics Agency (DLA) import petition granted in 2003
- Second DLA petition granted November 2007
- Veolia import petition under consideration

## 
PCB Petition Process

- PCB Petition Process

- TSCA 6(e)(3)(B) allows any person to petition EPA for an exemption from the §6(e)(3) bans on manufacturing (which includes imports), processing and distribution-in-commerce of PCBs
- Limited to one year duration
- Notice-and-comment rulemaking
- Includes an opportunity for a public hearing
- Final Rule is subject to judicial review

## 
PCB Petition Process

- PCB Petition Process

- Two requirements mandated by statute:
- “An unreasonable risk of injury to health or [the] environment would not result”
- “Good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk to health or the environment and which may be substituted for such polychlorinated biphenyl”
- Current Agency application of the requirement to import for disposal is to consider alternatives to import generally.  In other words, are there alternatives to disposal in the U.S.?

## 
Veolia Rulemaking

- Veolia Rulemaking

- On November 14, 2006, Veolia submitted a petition to import 20,000 tons of PCB waste from Mexico for disposal at the Port Arthur facility
- The concentration of the PCB waste will vary between 50 ppm and 500,000 ppm
- Submission of the petition triggered an EPA process to review the petition and begin the rulemaking process
- EPA has proposed to grant Veolia the import exemption

## 
Veolia Rulemaking

- Veolia Rulemaking

- “An unreasonable risk of injury to health or [the] environment would not result”
- Veolia indicates it will transport the waste in accordance with all applicable laws and regulations established to protect human health and the environment
- Community risk: the facility will not exceed its **EPA approved** capacity for disposal of PCB waste
- Risks posed by the management of the PCB waste at the Veolia facility were evaluated as part of the TSCA permitting process
- The import of wastes under this petition would not impact or change any of the EPA approved limits or restrictions that have already been established for the facility

## 
Veolia Rulemaking

- Veolia Rulemaking

- “Good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk to health or the environment and which may be substituted for such polychlorinated biphenyl”
- Mexico has no feasible alternative to disposal in the US.  Shipments of PCB waste to the EU have become cost prohibitive, resulting in long-term storage and increased likelihood of illegal disposal in Mexico

## 
Veolia Rulemaking

- Veolia Rulemaking

- Reasons to allow PCB imports for disposal...
- Mexico does not have the capability to dispose of this waste
- Cross border contamination
- EPA has preliminarily concluded that the risks to human health and the environment associated with the long-term storage in Mexico outweigh the risks associated with this exemption request

## 
The Rulemaking Process

- The Rulemaking Process

- Steps in the rulemaking process:
- EPA Workgroup
- Proposed rule
- Receive Comments
- Conduct Hearing (optional)
- Response to comments
- Final Rule
- The entire rulemaking will probably take 2 1⁄2 years

## 
Rulemaking Process: Schedule

- Rulemaking Process: Schedule

| Action | Date |
| --- | --- |
| Proposed Rule published | March 6, 2008 |
| Original main comment period ending | April 21, 2008 |
| Extended main comment period ending | June 5, 2008 |
| Requests to participate in hearing due to Hearing Clerk | June 12, 2008 |
| Hearing Clerk distributes hearing schedule | June 16, 2008 |
| Informal hearing date | June 19, 2008 |
| Hearing transcript posted to the docket | *July 3, 2008 (estimated) |
| Comments and questions on hearing presentations due to Hearing Clerk | *July 10, 2008 (one week after hearing transcript is posted to the docket) |
| Hearing Clerk sends out questions to appropriate participants | *July 24, 2008 (two weeks after questions are due) |
| Answers received by Hearing Clerk from participants | *July 31, 2008 (one week after questions are sent) |
| Reply comments to Hearing Clerk due * | **August 14, 2008 (two weeks after answers are due by participants) |

- * Estimated date for posting the hearing transcript will determine the timeline for the remaining actions. All dates are subject to change.** Reply comments are due two weeks after participants’ answers are received. If no questions on the hearing are received, then reply comments on the hearing testimony will be due on July 24, 2008 (giving EPA time to post a revised schedule and notice that no questions on the hearing testimony had been received by the Hearing Clerk).

## 
Hearing Objective

- Hearing Objective

- EPA is here to receive your comments
- The proposed rule represents our preliminary conclusions based on the information we have.  EPA is here to gather any additional information that is available, and we will fully consider all the comments that are presented today

## 
Hearing Schedule

- Hearing Schedule

| Time | Speaker |
| --- | --- |
| 3:30 p.m. – 3:40 p.m. | Councilman Chatman – Introduction |
| 3:40 p.m. – 4:00 p.m. | William Noggle (EPA) |
| 4:00 p.m. – 4:30 p.m. | Hilton Kelley (CIDA) |
| 4:30 p.m. – 4:50 p.m. | Dr. Neil Carman (Sierra Club) |
| 4:50 p.m. – 5:10 p.m. | Mitch Osborne (Veolia) |
| 5:10 p.m. – 5:25 p.m.                --- Break --- |  |
| 5:25 p.m. – 5:45 p.m. | Dr. John Sullivan (University of Texas Medical Branch at Galveston, TX) |
| 5:45 p.m. – 6:00 p.m. | Scott Slesinger (Environmental Technology Council) |
| 6:00 p.m. – 6:20 p.m. | Dr. Richard Magee (Veolia) |
| 6:20 p.m. – 6:30 p.m. | David Day (Resident) |
| 6:30 p.m. – 6:50 p.m. | Recap of EPA presentation and ground rules |
| 6:50 p.m. – 7:00 p.m. | Recap of Hilton Kelley presentation |
| 7:00 p.m. – 7:15 p.m.                --- Break --- |  |
| 7:15 p.m. – 7:25 p.m. | Possible Recap of Mitch Osborne presentation |
| 7:25 p.m. – 10:00 p.m. | Public comments (3 to 5 minutes per presentation) |

## 
Hearing Format

- Hearing Format

- Hearing will be open for public comments from approximately 7:15 p.m. until 10:00 p.m.
- If you would like to speak, please fill out the sign-in sheet with the Hearing Clerk
- Two 15 minute breaks scheduled for approximately 5:10 p.m. and 7:00 p.m.
- Doors will remain open, so feel free to come and go as needed.  However, please try not to interrupt presentations

## 
Hearing Contact

- Hearing Contact

- For any questions, please contact William Noggle
- Noggle.william@epa.gov
- 703-347-8769