20640 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 

practicable (followed by flushing with 

water and again emptying) and 

removing from the hulls other 

pollutants and all readily detachable 

materials capable of creating debris or 

contributing to chemical pollution. 

Thus, while the permit requires 

appropriate measures to remove to the 

maximum extent practicable all 

materials that may degrade the marine 

environment, the permit also recognizes 

that it may be impracticable to remove 

some materials. 

In a letter dated August 2, 1999 from 

EPA to the Navy, EPA provided its 

interpretation of the MPRSA general 

permit requirement to ‘‘remove to the 

maximum extent practicable all 

materials that may degrade the marine 

environment’’ as including 

polychlorinated biphenyls (PCB) 

containing materials, such as ship 

components containing PCBs. See Letter 

from Robert H. Wayland, Director of the 

Office of Wetlands, Oceans and 

Watersheds, to Elsie L. Munsell, Deputy 

Assistant Secretary of the Navy (Aug. 2, 

1999). This letter states that: 

Before engaging in a SlNKEX, the Navy 

must conduct an inventory of each SINKEX 

vessel to ascertain the presence of PCBs. This 

inventory and list of items removed prior to 

sinking must be provided to EPA in the 

annual report * * *. Before sinking a 

SINKEX vessel, qualified personnel at a Navy 

or other approved facility shall: 

—Remove all transformers containing 3 

pounds or more of dielectric fluid and all 

capacitors containing 3 pounds or more of 

dielectric fluid. 

—Use all reasonable efforts to remove any 

capacitors and transformers containing less 

than 3 pounds of dielectric fluid from the 

vessel. Reasonable efforts include, but are 

not necessarily limited to, the removal of 

capacitors from electrical and control 

panels by using hand tools such as wire or 

bolt cutters or a screw driver. 

—Drain and flush hydraulic equipment, heat 

transfer equipment, high/low pressure 

systems, cutting power machinery which 

uses cooling or cutting oil, and containers 

containing liquid PCBs at greater than or 

equal to 50 parts per million (ppm). 

In the August 2, 1999 letter from EPA 

to the Navy, EPA noted that ‘‘it is often 

practicable to remove non-liquid PCBcontaining materials, including: air 

handling system gaskets; rubber; plastic; 

dried applied paint that is flaked-off; 

electrical cable insulation; and other 

non-liquid coatings and material, before 

sinking the vessel.’’ To the extent that 

their removal is practicable, EPA 

explained that ‘‘these non-liquid PCBcontaining materials are required to be 

removed under the MPRSA permit. 

However, when such objects cannot be 

practicably removed or their removal 

threatens the structural integrity of the 

vessels so as to impede the SINKEX, the 

Navy may leave such items in place 

(e.g., felt materials that are bonded in 

bolted flanges or mounted under heavy 

equipment, certain paints, and 

adhesives).’’ EPA further noted that 

‘‘objects may be considered not capable 

of practicable removal if equipment 

must be disassembled or removed for 

access to the objects, if the objects must 

be removed by heat, chemical stripping, 

scraping, abrasive blasting or similar 

process, or if removal would endanger 

human safety or health even when 

conducted with protective equipment 

and reasonable safety measures.’’ 

Further, the August 2, 1999 letter states 

that the Navy shall report annually to 

EPA, the effort taken to clean each 

vessel prior to SINKEX and provide an 

estimate of the weight of PCBs present 

onboard at the time of sinking. 

III. Today’s Action 

EPA is providing the opportunity for 

public comment on the two petitions 

received that request EPA amend the 

MPRSA general permit as it relates to 

removal of PCBs from ships used in 

Navy’s SINKEX program. The first 

petition, dated June 2011, and 

submitted by the Sierra Club and the 

Basel Action Network, requested that 

EPA: 

Amend the MPRSA general permit for 

SINKEX to comply with the MPRSA by 

reflecting the latest scientific knowledge 

about the amount of PCBs disposed through 

the SINKEX program and about leaching of 

PCBs from sunken ships. At a minimum, the 

permit should be amended to require: 

a. Materials containing PCBs to be removed 

from ships to the ‘‘maximum extent 

practicable’’ with the best current techniques; 

and 

b. Prior to sinking, remediate ships to the 

London Convention’s ‘‘trace contaminant’’ 

requirement. 

The second petition, dated April 

2012, and submitted by the Basel Action 

Network, Sierra Club, and the Center for 

Biological Diversity, again requested 

that EPA amend the existing MPRSA 

permit for SINKEX: 

1. Effective immediately, requiring all PCBcontaminated materials in concentrations of 

50 ppm or greater to be removed from 

SINKEX vessels prior to sinking; 

2. Requiring all PCB-contaminated 

materials in concentrations of less than 50 

ppm to be removed from SINKEX vessels 

prior to sinking to the maximum extent 

practicable; and 

3. Requiring additional studies to 

determine whether PCB-contaminated 

materials in concentrations of less than 50 

ppm constitute ‘‘trace’’ contaminants, such 

that their dumping will not cause 

undesirable effects including the possibility 

of bioaccumulation. Such additional studies 

should include the most recent data on the 

toxicity, persistence, and bioaccumulation of 

PCBs and should include monitoring at 

multiple recent sink sites. Studies should 

also assess the releases of other potentially 

hazardous pollutants into the marine 

environment from the SINKEX program 

including heavy metals, asbestos and 

radioactive substances. 

Technical studies and data that 

accompanied the petitions are included 

in the docket for this proceeding. As 

noted above, EPA has not made the 

copyrighted material available on the 

Internet, but that material is publicly 

available in hard copy form via the 

Public Reading Room in EPA’s Docket 

Center. 

Dated: March 28, 2013. 

Nancy Stoner, 

Acting Assistant Administrator, Office of 

Water. 

[FR Doc. 2013–07988 Filed 4–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2012–0902; FRL–9382–9] 

Polychlorinated Biphenyls (PCBs); 

Recycling Plastics from Shredder 

Residue 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing an 

interpretation of its regulations that will 

generally allow for the recycling of 

plastic separated from shredder residue 

under the conditions described in the 

Voluntary Procedures for Recycling 

Plastics from Shredder Residue, relying 

principally on the regulatory provisions 

for excluded PCB products. The 

interpretation described in this notice 

responds to questions EPA has received 

about the applicability of the excluded 

PCB products regulations. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0902, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution 

Ave., NW., Washington, DC. The 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. Please review the visitor 

instructions and additional information 

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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 20641 

about the docket available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Peter Gimlin, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 566– 

0515; email address: 

gimlin.peter@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

This notice is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders, including 

private citizens, Federal, tribal, state 

and local governments, environmental 

consulting firms, industry 

representatives, environmental 

organizations and other public interest 

groups. Since others may also be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may have interest in this 

notice. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

EPA is interpreting its regulations to 

generally allow for recycling of plastic 

separated from shredder residue under 

the conditions described in the 

Voluntary Procedures for Recycling 

Plastics from Shredder Residue (Ref. 1), 

relying principally on the regulatory 

provision for excluded PCB products at 

40 CFR part 761. 

II. Background 

EPA was approached by the Institute 

of Scrap Recycling Industries, Inc. 

(ISRI), regarding separation, recycling, 

use, and distribution of recycled plastics 

from shredder residue recovered from 

metals recycling facilities (referred to by 

ISRI as automobile shredder residue 

(ASR) aggregate). In a February 24, 2011 

letter, ISRI requested ‘‘written 

confirmation that separating plastics 

from ASR aggregate for use and 

distribution in commerce, using 

processes that reduce any PCBs that 

may be present to a level at or below 

which there is no unreasonable risk, is 

authorized’’ under regulations 

promulgated pursuant to the Toxic 

Substances Control Act (TSCA) (see 16 

U.S.C. 2605(e)) (Ref. 2). ISRI stated that: 

* * * analysis shows that the separation, 

recycling, distribution in commerce, and 

reuse of plastics from shredder aggregate is 

consistent with existing authorizations that 

allow the use and distribution in commerce 

of products that contain low levels of PCBs, 

including provisions for ‘‘excluded PCB 

products’’ and ‘‘excluded PCB manufacturing 

processes’’ (as defined in 40 CFR 761.3). 

ISRI also stated that resolving 

regulatory uncertainty could lead to 

investments and further development in 

innovative methods to separate plastics 

from ASR aggregate that would produce 

broad environmental benefits and 

increase global competitiveness (Ref. 2). 

ISRI developed a set of voluntary 

procedures designed to prevent the 

introduction of PCBs that are regulated 

for disposal into recycled plastics 

recovered from shredder residue 

generated by metal recycling facilities. 

The Voluntary Procedures for Recycling 

Plastics from Shredder Residue (Ref. 1) 

includes development and 

implementation of a documented 

materials management system through: 

1. Documented source control 

programs aimed at preventing the 

introduction of PCBs regulated for 

disposal into the shredder feedstock 

materials that contribute to any 

shredder residue from which plastics 

will be recovered for recycling; and 

2. Documented output control 

programs for facilities processing 

producing/recycling plastics from 

shredder residue. The Voluntary 

Procedures for Recycling Plastics from 

Shredder Residue and supporting 

materials are available in the docket at 

docket ID number EPA–HQ–OPPT– 

2012–0902. 

On December 12, 2012, EPA 

published a notice of request for public 

comments in the Federal Register, 

entitled Polychlorinated Biphenyls 

(PCBs); Recycling Plastics From 

Shredder Residue (77 FR 74006). 

Additional background information on 

recycling activities that would be 

affected by this interpretation, including 

potential environmental and economic 

benefits, is provided in the December 

12, 2012 notice and supporting 

materials are available in the docket at 

docket ID number EPA–HQ–OPPT– 

2012–0902. In response to this notice, 

27 unique public comment submissions 

were received by the Agency. Of these, 

some 23 were supportive of the 

interpretation the Agency explained in 

the notice. In general, these commenters 

emphasized the environmental and 

economic benefits that recycling of 

plastic from shredder residue would 

provide, and concurred with EPA’s 

assessment of the facts and 

interpretation of the PCB regulations as 

they applied to shredder residue and the 

use of plastics recovered from that 

residue. Two submissions, including a 

consolidated submission submitted on 

behalf of nine environmental 

organizations, objected to the Agency’s 

adoption of this interpretation on a 

number of points, such as 

environmental justice, the adequacy of 

the underlying data and analysis, as 

well as the legal basis for the Agency’s 

interpretation. Finally, one commenter 

suggested changes to the Voluntary 

Procedures for Recycling Plastics from 

Shredder Residue and another 

commenter submitted an administrative 

request regarding the comment period. 

All public comments received in 

response to the notice are available in 

the docket, as is a Response to 

Comments Document developed by EPA 

(Ref. 3). After review and consideration 

of the comments received, EPA has 

decided to adopt the interpretation 

discussed in the December 12, 2012 

notice and summarized in Unit III. of 

this notice. 

III. Summary of Interpretation 

The interpretation will generally 

allow for the recycling of plastic 

separated from shredder residue under 

the conditions described in the 

Voluntary Procedures for Recycling 

Plastics from Shredder Residue (Ref. 1), 

relying principally on the regulatory 

provisions for excluded PCB products. 

TSCA section 6(e) generally prohibits 

the manufacture, processing, 

distribution in commerce and use of 

PCBs. However, EPA has by regulation 

excluded certain materials, including 

excluded PCB products, from these 

prohibitions. Excluded PCB products 

are defined as follows: 

Excluded PCB products means PCB 

materials which appear at concentrations less 

than 50 ppm, including but not limited to: 

(1) Non-Aroclor inadvertently generated 

PCBs as a byproduct or impurity resulting 

from a chemical manufacturing process. 

(2) Products contaminated with Aroclor or 

other PCB materials from historic PCB uses 

(investment casting waxes are one example). 

(3) Recycled fluids and/or equipment 

contaminated during use involving the 

products described in paragraphs (1) and (2) 

of this definition (heat transfer and hydraulic 

fluids and equipment and other electrical 

equipment components and fluids are 

examples). 

(4) Used oils, provided that in the cases of 

paragraphs (1) through (4) of this definition: 

(i) The products or source of the products 

containing < 50 ppm concentration PCBs 

were legally manufactured, processed, 

distributed in commerce, or used before 

October 1, 1984. 

(ii) The products or source of the products 

containing < 50 ppm concentrations PCBs 

were legally manufactured, processed, 

distributed in commerce, or used, i.e., 

pursuant to authority granted by EPA 

regulation, by exemption petition, by 

settlement agreement, or pursuant to other 

Agency-approved programs; 

(iii) The resulting PCB concentration (i.e. 

below 50 ppm) is not a result of dilution, or 

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20642 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 

leaks and spills of PCBs in concentrations 

over 50 ppm. 

40 CFR 761.3. 

EPA regulations allow the use, 

processing, and distribution in 

commerce of excluded PCB products. 40 

CFR 761.20(a) and (c). Except as 

otherwise provided, the regulations do 

not restrict the forms of use, processing 

and distribution that are allowed. EPA 

specifically identified, as one likely 

source of PCBs in excluded PCB 

products, ‘‘contamination during 

recycling activities involving’’ historic 

PCBs. 52 FR 25838, 25844 (July 8, 1987). 

EPA believes that it is reasonable to 

interpret the regulations as generally 

allowing the recycling of excluded PCB 

products. Accordingly, under the 

interpretation, to the extent that the 

feedstock (scrap materials) to a shredder 

consists of these kinds of materials, the 

plastics separated from the resulting 

residue can be recycled (and the 

resulting recycled product is also an 

excluded PCB product that can be 

processed, used and distributed in 

commerce, including being further 

recycled), provided the PCB 

concentration in any resulting product 

is below 50 parts per million (ppm). 

The burden of demonstrating that a 

regulatory exclusion applies rests with 

the party seeking that exclusion. EPA 

believes that, for shredders and their 

suppliers that follow the Voluntary 

Procedures for Recycling Plastics from 

Shredder Residue, it is appropriate to 

generally treat the feedstock as 

consisting of excluded PCB products 

unless there is information specifically 

indicating that the feedstock does not 

qualify. If shredders and suppliers do 

not follow the Voluntary Procedures for 

Recycling Plastics from Shredder 

Residue, they will need to be able to 

otherwise demonstrate that the 

feedstock and residue meet the 

exclusion. Clearly if the feedstock 

materials or residue contain PCBs at 

concentrations ≥ 50 ppm, the materials 

cannot qualify as excluded PCB 

products. 

EPA acknowledges uncertainty as to 

the source of the PCBs in shredder 

residue. However, EPA believes the 

procedures, as explained in the 

Voluntary Procedures for Recycling 

Plastics from Shredder Residue, can 

prevent the introduction of PCBs at 

levels ≥ 50 ppm. EPA may periodically 

evaluate the processes and procedures 

involved in recycling plastics recovered 

from shredder residue. In addition, EPA 

believes it is likely that the number of 

potential sources of PCBs at levels ≥ 50 

ppm has declined since the TSCA 

section 6(e) prohibitions went into 

effect. If PCBs in the feedstock material 

are < 50 ppm, it is plausible that the 

sources of PCBs in the residue are 

excluded PCB products. The 

information available to EPA indicates 

that the PCBs found associated with 

plastics separated from residue are 

Aroclor PCBs. Aroclors were 

intentionally manufactured PCB 

mixtures, not inadvertently generated 

PCBs. Since PCBs in general and 

Aroclors more specifically have not 

been intentionally produced in the 

United States since the prohibitions in 

TSCA section 6(e) became effective, the 

Aroclor identity of the PCBs found 

associated with plastics separated from 

shredder residue suggests that they were 

manufactured prior to 1984. 

In promulgating the excluded PCB 

product rule, EPA described the 

provision as follows: EPA is adopting 

the generic 50 ppm exclusion for the 

processing, distribution in commerce, 

and use, based on the Agency’s 

determination that the use, processing, 

and distribution in commerce of 

products with less than 50 ppm PCB 

concentration will not generally present 

an unreasonable risk of injury to health 

or the environment. EPA could not 

possibly identify and assess the 

potential exposures from all the 

products which may be contaminated 

with PCBs at less than 50 ppm. * * * 

EPA has concluded that the costs 

associated with the strict prohibition on 

PCB activities are large and outweigh 

the risks posed by these activities. 53 FR 

24210 (June 27, 1988). 

EPA has further stated, with respect to 

the excluded PCB products rule: ‘‘These 

amendments have excluded the majority 

of low-level PCB activities (less than 50 

ppm) from regulation’’ (Ref. 4). Given 

the difficulty of determining the precise 

source of PCBs, EPA believes the 

purpose of excluding ‘‘old’’ PCBs under 

the excluded products rule is best 

effectuated in these circumstances by 

treating < 50 ppm materials entering a 

shredder as excluded PCB products 

unless there is information specifically 

indicating that the materials do not 

qualify. 

After reviewing the comments 

received, EPA has weighed the 

competing considerations and decided 

to adopt, through this notice, the 

interpretation discussed in the 

December 12, 2012 notice. 77 FR 74006 

(December 12, 2012). This interpretation 

is not a legislative rule because it does 

not impose any binding requirements on 

either EPA or the regulated community. 

IV. References 

As indicated under ADDRESSES, a 

docket has been established for this 

notice under docket ID number EPA– 

HQ–OPPT–2012–0902. The following is 

a listing of the documents that are 

specifically referenced in this notice. 

The docket includes these documents 

and other information considered by 

EPA, including documents that are 

referenced within the documents that 

are included in the docket, even if the 

referenced document is not physically 

located in the docket. For assistance in 

locating these other documents, please 

consult the person listed under FOR

FURTHER INFORMATION CONTACT. 

1. ISRI. Voluntary Procedures for 

Recycling Plastics from Shredder 

Residue, October 24, 2012. 

2. ISRI. Letter from Robin K. Weiner 

to Steve Owens, February 24, 2011. 

3. EPA. Agency Response to 

Comments—Polychlorinated Biphenyls 

(PCBs); Recycling Plastics From 

Shredder Residue, March 2013. 

4. EPA. PCB Q & A Manual: An EPA 

TSCA assistance document designed to 

provide the regulated community with 

Agency interpretations to frequently 

posed questions, 1994, available at 

http://www.epa.gov/osw/hazard/tsd/ 

pcbs/pubs/manual.pdf. 

List of Subjects 

Environmental protection, Hazardous 

substance, PCBs, Plastic, 

Polychlorinated biphenyls, Recycling, 

Shredder residue. 

Dated: March 29, 2013. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2013–07981 Filed 4–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9798–9] 

Notice of Proposed CERCLA 

Agreement and Order on Consent for 

Removal Action by Bona Fide 

Prospective Purchaser; All Metals 

Processing Company Site, San 

Fernando Valley Area 2 Superfund 

Site, Glendale Chromium Operable 

Unit, 264 W. Spazier Ave., Burbank, 

California 

ACTION: Notice; request for public 

comment. 

SUMMARY: Notice is hereby given 

pursuant to Section 122(i), of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980, as Amended (CERCLA) that 

the United States Environmental 

Protection Agency (EPA) has reached a 

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