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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 20643 

proposed agreement (Agreement) with a 

Bona Fide Prospective Purchaser 

concerning a removal action to carried 

out at the All Metal Processing 

Company Site, part of the San Fernando 

Valley Area 2 Superfund Site, Glendale 

Chromium Operable Unit, located at 264 

W. Spazier Ave., Burbank, California. 

Under the proposed Agreement, 

executed March 25, 2013, the Brett and 

Chris Warner Trust, dated May 31, 2012 

(Purchaser), the Bona Fide Prospective 

Purchaser of 264 W. Spazier Ave., 

Burbank, California, has agreed to 

relocate an existing monitoring well on 

the property under the oversight of the 

EPA. In addition, the Purchaser has 

agreed to maintain a cap over the 

property through construction of a 

warehouse and adjacent parking area. In 

addition, the Purchaser has agreed to 

pay EPA its oversight costs up to 

$20,000. In return, the Purchaser will 

receive a covenant not to sue by EPA, 

provided the Purchaser complies with 

all terms and conditions of the 

Agreement. The Purchaser will also 

receive contribution protection under 

CERCLA. 

For thirty (30) calendar days 

following the date of publication of this 

notice, EPA will receive comments 

relating to the proposed Agreement. 

EPA’s response to comments received 

will be available for public inspection at 

the Superfund Records Center, 95 

Hawthorne Ave., Suite 403S, San 

Francisco, CA 94105, 415–764–4963. 

DATES: Comments must be received on 

or before May 6, 2013. 

Availability: The proposed Agreement 

may be obtained from the Superfund 

Records Center, 95 Hawthorne Street, 

Suite 403S, San Francisco, CA 94105, 

Phone 415–764–4963. Comments 

regarding the proposed Agreement 

should be addressed to Larry Bradfish at 

the address below, and should reference 

‘‘All Metals Processing Company Site’’ 

and ‘‘EPA Docket No. R9–2013–04.’’ 

FOR FURTHER INFORMATION CONTACT: 

Larry Bradfish, Assistant Regional 

Counsel (ORC–3), Office of Regional 

Counsel, U.S. EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105; Email: bradfish.larry@epa.gov; 

Phone (415) 972–3934. 

Dated: March 28, 2013. 

Jane Diamond, 

Director, Superfund Division, Region IX. 

[FR Doc. 2013–07989 Filed 4–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire shares of a bank 

or bank holding company. The factors 

that are considered in acting on the 

notices are set forth in paragraph 7 of 

the Act (12 U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the offices of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than April 22, 

2013. 

A. Federal Reserve Bank of Atlanta 

(Chapelle Davis, Assistant Vice 

President) 1000 Peachtree Street NE., 

Atlanta, Georgia 30309: 

1. Phillip Bruce Culpepper, 

Tallahassee, Florida; Richard Rene 

Dostie, Charles Eldridge Hughes, Jr., and 

Jan Malcolm Jones, Jr., all of 

Jacksonville, Florida; James Thomas 

Katsur, Longwood, Florida; William 

Andrew Krusen, Jr., and Allan Scott 

Martin, both of Tampa, Florida; Linda 

Claire McGurn, Micanopy, Florida; and 

Manuel Gonzalo Sanchez, Gainesville, 

Florida; to collectively acquire voting 

shares of Florida Capital Group, Inc., 

and thereby indirectly acquire voting 

shares of Florida Capital Bank, both of 

Jacksonville, Florida. 

B. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291: 

1. William P. Von Holtum, Edina, 

Minnesota, individually and as trustee 

of the voting trust of the John E. Von 

Holtum Estate; Megan E. Von Holtum 

and Christopher J. Von Holtum, all of 

Edina, Minnesota, as members of the 

Von Holtum Family Group; to retain 

voting shares of Central Trust Company, 

Edina, Minnesota, and thereby 

indirectly retain voting shares of Central 

Bank and Trust, Lander, Wyoming; 

CenBank, Buffalo Lake, Minnesota; and 

VH Bancorporation, Inc., Edina, 

Minnesota, and its subsidiary Grand 

Marais State Bank, Grand Marais, 

Minnesota. 

2. Tina Pogatchnik Rabe, Hinckley, 

Minnesota; as a member of the 

Pogatchnik family group, and 

individually and as trustee of the D.A. 

Pogatchnik Family Trust, and the Bruce 

Pogatchnik Family Trust, both in 

Hinckley, Minnesota, and Bruce A. 

Pogatchnik, as trustee of the Dean L. 

Pogatchnik Grandchildren’s Trust, 

Finlayson, Minnesota, and for all to join 

the Pogatchnik family group; to retain 

voting shares of Finlayson Bancshares, 

Inc., Finlayson, Minnesota, and thereby 

indirectly retain voting shares of 

Northview Bank, Sandstone, Minnesota, 

and First Independent Bank, Russell, 

Minnesota. 

Board of Governors of the Federal Reserve 

System, April 2, 2013. 

Margaret McCloskey Shanks, 

Deputy Secretary of the Board. 

[FR Doc. 2013–07952 Filed 4–4–13; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire shares of a bank 

or bank holding company. The factors 

that are considered in acting on the 

notices are set forth in paragraph 7 of 

the Act (12 U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the offices of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than April 19, 

2013. 

A. Federal Reserve Bank of Richmond 

(Adam M. Drimer, Assistant Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Hope Holding Connell, Raleigh, 

North Carolina; to retain voting shares 

of Southern BancShares (N.C.), Inc., and 

thereby indirectly retain voting shares of 

Southern Bank and Trust, both in 

Mount Olive, North Carolina. 

Board of Governors of the Federal Reserve 

System, April 1, 2013. 

Margaret McCloskey Shanks, 

Deputy Secretary of the Board. 

[FR Doc. 2013–07886 Filed 4–4–13; 8:45 am] 

BILLING CODE 6210–01–P 

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