20638 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 

impacts of hydraulic fracturing on 

drinking water resources. 

On August 21, 2012, the SAB Staff 

Office requested public nominations of 

experts to serve on a Panel to advise the 

Agency on EPA’s ongoing research on 

the potential impacts of hydraulic 

fracturing on drinking water resources 

(77 FR 50505—50506). On November 

27, 2012, the SAB Staff Office posted a 

notice on the SAB Web site inviting 

public comments by December 19, 2012, 

on candidates for the Panel. Information 

about formation of the Panel can be 

found at http://yosemite.epa.gov/sab/

sabproduct.nsf/02ad90b136fc21ef85256

eba00436459/b436304ba804e3f885257

a5b00521b3b!OpenDocument&Table

Row=2.1#2. 

The purpose of the May 7–8, 2013, 

meeting is for individual members of 

the Panel to provide expert comments 

on charge questions associated with the 

research described in EPA’s Progress 

Report. The purpose of the May 16, 

2013, teleconference is to provide 

additional opportunity for members of 

the public to submit relevant oral 

statements on EPA documents for 

consideration by the Panel. 

Also, periodic opportunities for the 

public to provide additional input for 

consideration by the Panel will be 

provided after the May 7–8, 2013 public 

meeting and May 16, 2013 public 

teleconference call. 

Availability of Meeting Materials: The 

agenda and other materials in support of 

the meeting and teleconference call will 

be available on the SAB Web site at 

http://www.epa.gov/sab in advance of 

the meeting and teleconference call. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

advice to the EPA. Members of the 

public can submit relevant comments 

for consideration by the Panel. Input 

from the public to the SAB will have the 

most impact if it provides specific 

scientific or technical information or 

analysis for the SAB to consider or if it 

relates to the clarity or accuracy of the 

technical information. Members of the 

public wishing to provide comment 

should contact the DFO directly. 

Oral Statements: In general, 

individuals or groups requesting an oral 

presentation at a public meeting will be 

limited to five minutes. Persons 

interested in providing oral statements 

at the May 7–8, 2013, meeting should 

contact Mr. Hanlon at the contact 

information provided above by April 30, 

2013. If there is insufficient time during 

the May 7–8, 2013 public meeting call 

to allow all scheduled public speakers 

to provide oral statements, those 

scheduled public speakers who could 

not provide oral statements during the 

May 7–8, 2013 public meeting will be 

provided opportunity to present their 

oral statements during a teleconference 

call scheduled to occur on May 16, 

2013. 

Written Statements: Written 

statements for the May 7–8, 2013, 

meeting and May 16, 2013, 

teleconference call should be received 

in the SAB Staff Office by April 30, 

2013, so that the information may be 

made available to the SAB for its 

consideration prior to this meeting and 

teleconference call. Written statements 

should be supplied to the DFO in the 

following formats: either an electronic 

copy (preferred), via email (acceptable 

file format: Adobe Acrobat PDF, MS 

Word, WordPerfect, MS PowerPoint, or 

Rich Text files in IBM–PC/Windows 98/ 

2000/XP format), or in hard copy. 

Submitters are asked to provide 

electronic versions of each document 

submitted without signatures, because 

the SAB Staff Office does not publish 

documents with signatures on its Web 

sites. Members of the public should be 

aware that their personal contact 

information, if included in any written 

comments, may be posted to the SAB 

Web site. Copyrighted material will not 

be posted without explicit permission of 

the copyright holder. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Mr. Hanlon, 

at the phone number or email address 

noted above, preferably at least ten days 

prior to the meeting and teleconference 

call, to give the EPA as much time as 

possible to process your request. 

Dated: March 25, 2013. 

Thomas H. Brennan, 

Deputy Director, Science Advisory Board Staff 

Office. 

[FR Doc. 2013–07992 Filed 4–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2013–0157; FRL—9798–2] 

Petitions to Revise General Permit for 

U.S. Navy to Transport Vessels for the 

Purpose of Sinking in Ocean Waters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of receipt of petitions 

and opportunity for public comment. 

SUMMARY: This notice announces the 

receipt of and invites public comment 

on petitions submitted by the Basel 

Action Network, the Sierra Club, and 

the Center for Biological Diversity, 

requesting that the U.S. Environmental 

Protection Agency take immediate 

action under the Marine Protection, 

Research and Sanctuaries Act to protect 

human health and the environment 

from polychlorinated biphenyls that 

leach from ships used for Navy’s 

SINKEX program. The U.S. 

Environmental Protection Agency 

invites public comment on the 

aforementioned petitions for the 

purpose of determining how to respond 

to the requests for action related to the 

Marine Protection, Research and 

Sanctuaries Act. 

DATES: Comments must be received on 

or before May 6, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OW–2013–0157, by 

one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Mail: Send an original and three 

copies of your comments and enclosures 

(including references) to EPA Water 

Docket, U.S. Environmental Protection 

Agency, Mail Code: 2822–IT, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, Attention Docket No. EPA– 

HQ–OW–2013–0157. 

Hand delivery: EPA Water Docket, 

EPA Docket Center, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC 20460, Docket 

No. EPA–HQ–OW–2013–0157. 

Deliveries to the docket are accepted 

only during their normal hours of 

operation: 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. For access to docket materials, 

call: (202) 566–2426, to schedule an 

appointment. 

E-mail: ow-docket@epa.gov; Attention 

Docket No. EPA–HQ–OW–2013–0157. 

To ensure that EPA can properly 

respond to comments, commenters 

should cite the paragraph(s) or sections 

in the proposed permit to which each 

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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 20639 

comment refers. Commenters should 

use a separate paragraph for each issue 

discussed, and must submit any 

references cited in their comments. If 

you submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment. Electronic 

files should avoid any form of 

encryption and should be free of any 

defects or viruses. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OW–2013– 

0157. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the EPA 

Water Docket are listed in the docket 

index. Although listed in the index, 

certain material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either in 

the electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the EPA Water 

Docket in Room 3334, 1301 Constitution 

Avenue (EPA West Building), NW., 

Washington, DC 20004. The hours of 

operation of this Docket Facility are 

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 EPA 

Water Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Laura S. Johnson, Marine Pollution 

Control Branch (4504T), U.S. EPA, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; (202) 566–1273; 

johnson.laura-s@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Interested Entities 

Category Examples of interested entities 

Federal Government ................................................................................. U.S. Navy, Maritime Administration, U.S. Army Corps of Engineers, 

U.S. Coast Guard, National Oceanic and Atmospheric Administration. 

State/Local/Tribal Government ................................................................. Coastal communities. 

Industry and General Public ..................................................................... Shipyards, salvage companies, environmental remediation enterprises, 

commercial and recreational deep sea fishing interests, environmental interest groups. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

interested in this notice. This table lists 

the types of entities that EPA is now 

aware could potentially be interested in 

this notice. Other types of entities not 

listed in the table could also be 

interested. 

B. What should I consider as I prepare 

my comments for EPA? 

Consider the following suggestions for 

preparing your comments: 

1. Identify the docket identification 

number in the subject line on the first 

page of your response. Also, it would be 

helpful to EPA if you provided the 

name, date, and Federal Register 

citation related to your comments. 

2. Explain your views as clearly as 

possible, including the subject matter 

about which you agree or disagree and 

why. 

3. Describe any assumptions that you 

used. 

4. Provide any technical information 

and/or data you used that support your 

views. 

5. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate in sufficient detail to allow for 

it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns. 

7. Offer alternatives. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The Marine Protection, Research and 

Sanctuaries Act (MPRSA) of 1972, as 

amended, also known as the Ocean 

Dumping Act, regulates the 

transportation and dumping of material 

into ocean waters. Under the MPRSA, 

no permit may be issued for ocean 

dumping where such dumping will 

unreasonably degrade or endanger 

human health or the marine 

environment. 

In 1977, the U.S. Environmental 

Protection Agency (EPA) promulgated 

regulations for implementing the 

MPRSA permitting authority, 40 C.F.R. 

parts 220–229. 42 FR 2489 (Jan. 11, 

1977). At that time, EPA issued a 

general permit to the U.S. Navy (Navy) 

for the Sink Exercise Program (SINKEX) 

to transport vessels from the United 

States, or from any other location, for 

the purpose of sinking such vessels in 

ocean waters in testing ordnance and 

providing related data. 40 C.F.R. 229.2. 

SINKEX involves the use of obsolete 

military vessels for target practice by 

military personnel, with the consequent 

sinking of the vessel. The Navy views 

these activities as essential for training 

personnel and testing military 

equipment. Vessels used for SINKEX are 

prepared according to the terms of the 

MPRSA general permit issued to the 

Navy. 

Under the MPRSA general permit, 

obsolete vessels used in SINKEX are 

required to be sunk at least 50 nautical 

miles from land and at depths of at least 

1000 fathoms (6000 feet). The permit 

requires that, prior to sinking, 

appropriate measures be taken to 

remove to the maximum extent 

practicable all materials that may 

degrade the marine environment. This 

includes the emptying of all fuel tanks 

and fuel lines to the lowest point 

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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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