Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12293 

VII. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this permit 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. The provisions 

in this permit include new requirements 

for erosion and sediment control and 

pollution prevention, and result in an 

increase in the level of environmental 

protection. For sites covered under the 

new permit, the requirements in this 

permit apply equally to all construction 

projects that disturb one or more acres 

in areas where EPA is the permitting 

authority, and therefore do not 

disproportionately and adversely affect 

minority or low-income populations. 

VIII. Executive Order 13175: 

Consultation and Coordination With 

Indian Tribal Governments 

In compliance with Executive Order 

13175, EPA has consulted with tribal 

officials to gain an understanding of 

and, where necessary, to address the 

tribal implications of the final CGP. In 

the course of this consultation, EPA 

undertook the following activities: 

• December 15, 2010—EPA presented 

an overview of the current CGP and the 

requirements in the C&D rule to the 

National Tribal Water Council. The 

presentation was posted on the 

Council’s portal Web site at http:// 

www.epa.gov/tp/consultation/calendararch.htm. 

• March 16, 2011—EPA presented 

additional information to the Council 

related to the CGP and the C&D rule 

requirements that would be 

incorporated into the proposed permit. 

This presentation, as well as a 

document providing written answers to 

questions, was posted on the Council’s 

portal Web site at http://www.epa.gov/ 

tp/pdf/meeting-qa-031611.pdf. 

• April 26, 2011—EPA provided 

email notification to Tribes of the April 

25, 2011 proposal of the draft CGP, and 

invited those interested to provide the 

Agency with comments. EPA notes that 

during the public comment period on 

the proposed CGP, EPA received written 

comments from one tribe. The tribe 

provided specific comments requesting 

modifications or clarification for 

provisions in several permit sections, 

including erosion and sediment control, 

pollution prevention, water qualitybased requirements, inspections, 

corrective action, and permit 

termination. EPA addressed many of the 

tribe’s concerns in the final permit, and 

responded to each of the tribe’s 

comments in the Response to Comment 

Document located in the docket. 

• January 19, 2012—EPA provided an 

overview to Tribal Historic Preservation 

Officials (THPOs) of the screening 

process to be used in the new permit for 

determining whether stormwater control 

activities authorized under the permit 

could affect historic properties. 

EPA also notes that as part of the 

finalization of this permit it has 

completed Section 401 certification 

procedures with all applicable tribes 

where this permit will apply (see 

Appendix B), with the exception of 

tribes in Region 5, which, as noted 

above, are still in the process of 

completing such certification. 

IX. Analysis of Economic Impacts 

EPA expects the economic impact on 

entities covered under this permit, 

including small businesses, to be 

minimal. A copy of EPA’s economic 

analysis, titled, ‘‘Economic Analysis: 

Cost Implications of the 2012 CGP’’ is 

available in the docket for this permit. 

The economic impact analysis indicates 

that while there will be some 

incremental increase in the costs of 

complying with the new permit, these 

costs will not have a significant 

economic impact on a substantial 

number of small entities. The economic 

impact analysis is included in the 

administrative record for this permit. 

Authority: Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: February 16, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

Dated: February 19, 2012. 

Jose ́ C. Font, 

Acting Division Director, Caribbean 

Environmental Protection Division, EPA 

Region 2. 

Dated: February 16, 2012. 

John Filippelli, 

Director, Division of Environmental Planning 

& Protection, EPA Region 2. 

Dated: February 16, 2012. 

Catherine A. Libertz, 

Assistant Director, Water Protection Division, 

EPA Region 3. 

Dated: February 16, 2012. 

James D. Giattina, 

Director, Water Protection Division, EPA 

Region 4. 

Dated: February 16, 2012. 

Tinka G. Hyde, 

Director, Water Division, EPA Region 5. 

Dated: February 16, 2012. 

William K. Honker, 

Acting Director, Water Quality Protection 

Division, EPA Region 6. 

Dated: February 16, 2012. 

Karen Flournoy, 

Director, Water, Wetlands and Pesticides 

Division, EPA Region 7. 

Dated: February 16, 2012. 

Melanie L. Pallman, 

Acting Assistant Regional Administrator, 

Office of Partnerships and Regulatory 

Assistance, EPA Region 8. 

Dated: February 16, 2012. 

Nancy Woo, 

Deputy Director, Water Division, EPA Region 

9. 

Dated: February 16, 2012. 

Michael J. Lidgard, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2012–4822 Filed 2–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2011–0847; FRL–9641–2] 

PCBs Bulk Product v. Remediation 

Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for Public Comment. 

SUMMARY: EPA is seeking comment on a 

proposed reinterpretation of its position 

regarding the polychlorinated biphenyl 

(PCB) disposal regulations regarding 

PCB bulk product and PCB remediation 

waste. The proposed reinterpretation is 


tkelley on DSK3SPTVN1PROD with NOTICES
12294 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

in response to questions EPA received 

about the application of particular 

disposal and cleanup regulatory 

requirements regarding PCBcontaminated building materials 

designated for disposal. Please see the 

epa.gov/pcb web page for further 

information and for instruction 

regarding how to submit comments. 

DATES: Comments must be received on 

or before March 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2011–0847, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: rcra-docket@epa.gov, 

Attention Docket ID No. EPA–HQ– 

RCRA–2011–0847. 

• Fax: Comments may be faxed to 

202–566–9744, Attention Docket ID No. 

EPA–HQ–RCRA–2011–0847. 

• Mail: U.S. Environmental 

Protection Agency; EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC 20460, Attention Docket ID EPA– 

HQ–RCRA–2011–0847. Please include 

two copies of your submission. 

• Hand Delivery: Deliver two copies 

of your submission to Docket ID No. 

EPA–HQ–RCRA–2011–0847, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2011– 

0847. EPA’s policy is that all 

submissions received will be included 

in the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the submission 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 www.regulations.gov 

or email. The 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 

comments. If you send an email directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the submission 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic document, EPA 

recommends that you include your 

name and other contact information in 

the body of your submission and with 

any disk or CD–ROM you submit. If EPA 

cannot read your submission 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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460. 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 RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Molly Finn, Cleanup Programs Branch, 

Office of Resource Conservation and 

Recovery, Office of Solid Waste and 

Emergency Response, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Mail Code 

5303P, Washington, DC 20460; 

telephone: (703) 347–8785; fax number; 

703–308–0509; email address: 

ORCRPCBs@epamail.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 EPA 

personnel listed under FOR FURTHER

INFORMATION CONTACT. 

The EPA is inviting the public to 

provide comments on a proposed 

reinterpretation of its position regarding 

PCB bulk product and PCB remediation 

waste under regulations promulgated at 

40 CFR part 761. The EPA has opened 

the docket for public comment for 30 

days after publication in the Federal 

Register. Details on how to provide 

comments to the docket are provided 

under ADDRESSES. 

II. Background 

EPA has received several questions 

from the regulated community regarding 

the disposal and cleanup requirements 

for PCB-contaminated building 

materials. The Toxic Substances Control 

Act (TSCA) regulations at 40 CFR 761 

provide disposal and cleanup 

requirements for PCBs. The disposal 

and cleanup requirements for PCBcontaminated building material depend 

on whether the material is classified as 

PCB bulk product waste or PCB 

remediation waste. 

Waste derived from caulk or paint 

containing PCBs at ≥ 50 parts per 

million (ppm) is defined as PCB bulk 

product waste in 40 CFR 761.3. The 

definition of PCB bulk product waste 

includes ‘‘non-liquid bulk wastes or 

debris from the demolition of buildings 

and other man-made structures 

manufactured, coated, or serviced with 

PCBs.’’ Other PCB bulk product wastes 

may include, but are not limited to, 

mastics, sealants, or adhesives 

containing PCBs at ≥ 50 ppm. 

PCB remediation waste is defined as 

‘‘waste containing PCBs as a result of a 

spill, release, or other unauthorized 

disposal * * *’’, and leaching may be 

considered a release of PCBs. 

The Agency proposes to reinterpret its 

position regarding the status of PCBcontaminated building materials under 

the definition of PCB bulk product 

waste and is seeking comment on this 

proposal. In association with this 

reinterpretation, EPA has identified 

several guidance documents that would 

be changed with this proposed 

reinterpretation if the Agency finalizes 

this proposal. 

EPA believes that this proposed 

reinterpretation would allow for 

accelerated cleanups of PCBcontaminated building material by 

providing a more straightforward path 

for disposal pursuant to the regulations. 

Speeding up removal and disposal of 

the PCB-contaminated material is 

critical for reducing exposure potential, 

such as in schools or other locations 

where such PCB-contaminated building 

materials are currently in place. The 

current interpretation of these 

regulations applies different 

requirements to PCB-contaminated 

building materials than to the products 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12295 

that were originally manufactured with 

PCBs (e.g., paint or caulk). Labeling the 

building materials a different type of 

PCB waste than PCB bulk product waste 

(e.g., paint or caulk) can result in slower 

and more costly removal and disposal. 

This proposed reinterpretation 

maintains existing environmental and 

human health protections and removes 

unnecessary burdens to allow for more 

expedient cleanups, thus reducing 

potential exposures, for example, in 

schools and commercial buildings. 

In particular, protecting children’s 

health from environmental risks is 

fundamental to EPA’s mission. Caulks 

and paints containing PCBs were used 

in building some schools from 1950 to 

1978. The proposed reinterpretation 

will help to promote healthy school 

environments by reducing exposure to 

PCBs in schools. 

III. Summary of Proposed 

Reinterpretation 

Current EPA guidance states that 

building material contaminated by the 

migration of PCBs from PCB bulk 

product waste, such as caulk or paint, 

is considered a PCB remediation waste. 

The proposed reinterpretation would 

modify this guidance to specify that 

only PCB-contaminated building 

material from which the PCB bulk 

product has been removed from the 

substrate is a PCB remediation waste. 

That is, the distinction lies in whether 

or not the PCB bulk product is still 

attached to the building materials. 

The reinterpretation being proposed 

in this notice would allow building 

material (i.e., substrate) ‘‘coated or 

serviced’’ with PCB bulk product waste 

(e.g., caulk, paint, mastics, sealants) at 

the time of disposal to be managed as a 

PCB bulk product waste, even if the 

PCBs have migrated from the overlying 

bulk product waste into the substrate, 

provided there is no other source of PCB 

contamination on or in the substrate. 

However, if the substrate is not ‘‘coated 

or serviced’’ (i.e., the PCB bulk product 

waste, such as caulk or paint has been 

removed from the building material) at 

the time of disposal and the substrate is 

contaminated with PCBs that have 

migrated from the bulk product waste 

(or from another unauthorized disposal), 

the substrate would be considered a 

PCB remediation waste. EPA is seeking 

comment on this proposed 

reinterpretation in its position. 

Finally, we would note that there may 

be instances where additional 

hazardous constituents are present and 

should be considered in making cleanup 

decisions. In addition, site-specific 

factors may influence how to manage 

these PCB wastes. Consideration of 

these constituents and site-specific 

factors, and coordination with 

appropriate regulators is important to 

ensure safe practices. Therefore, in such 

situations, we believe that the 

appropriate EPA regional office and 

regional PCB coordinator should be 

consulted as necessary for assistance 

with making these decisions. For 

instance, property owners have 

identified instances where PCB caulk 

contained high levels of other hazardous 

constituents, such as asbestos. 

Similarly, there are cases where PCB 

paint has been found to contain high 

levels of leachable metals. In such 

situations, care must be taken to 

determine the appropriate disposal 

option. 

Please see the epa.gov/pcb Web page 

for further information and for 

instruction regarding how to submit 

comments. EPA will accept comments 

for 30 days from the date published in 

the Federal Register. 

Dated: February 15, 2012. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

& Emergency Response. 

[FR Doc. 2012–4860 Filed 2–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0004; FRL–9332–8] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

previously registered pesticide 

products. Pursuant to the provisions of 

section 3(c)(4) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before March 30, 2012. 

ADDRESSES: Submit your comments, 

identified by the docket identification 

(ID) number and the file symbol(s) for 

the product(s) of interest as listed in 

Unit II., by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

the docket ID number and the file 

symbol(s) for the product(s) of interest 

as listed in Unit II. 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 regulations.gov or 

email. The 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 

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 docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

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 


tkelley on DSK3SPTVN1PROD with NOTICES