Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations 58263 

§ 51.11 May the Director amend, extend, or 

cancel a prospectus of solicitation? 

The Director may amend a prospectus 

or extend the submission date, or both, 

prior to and on the proposal due date. 

The Director may cancel a solicitation at 

any time prior to award of the 

concession contract if the Director 

determines in his discretion that this 

action is appropriate in the public 

interest. No offeror or other person will 

obtain compensable or other legal rights 

as a result of an amended, extended, 

canceled, or resolicited solicitation for a 

concession contract. 

■ 3. In § 51.22, revise the first sentence 

to read as follows: 

§ 51.22 When may the Director award the 

concession contract? 

Before awarding a concession contract 

with anticipated annual gross receipts 

in excess of $5,000,000 or of more than 

10 years in duration, the Director must 

submit the concession contract to the 

Committee on Natural Resources of the 

House of Representatives and the 

Committee on Energy and Natural 

Resources of the Senate. * * * 

Subpart D—Non-Competitive Award of 

Concession Contracts 

■ 4. Revise § 51.24 to read as follows: 

§ 51.24 May the Director award a 

temporary concession contract without a 

public solicitation? 

(a) Notwithstanding the public 

solicitation requirements of this part, 

the Director may non-competitively 

award a temporary concession contract 

or contracts for consecutive terms not to 

exceed three years in the aggregate— 

e.g., the Director may award one 

temporary contract with a three year 

term; two consecutive temporary 

contracts, one with a two year term and 

one with a one year term; or three 

consecutive temporary contracts with a 

term of one year each—to any qualified 

person for the conduct of particular 

visitor services in a park area if the 

Director determines that the award is 

necessary to avoid interruption of 

visitor services. Before determining to 

award a temporary concession contract, 

the Director must take all reasonable 

and appropriate steps to consider 

alternatives to avoid an interruption of 

visitor services. Further, the Director 

must publish notice in the Federal 

Register of the proposed temporary 

concession contract at least 30 days in 

advance of its award (except in 

emergency situations). A temporary 

concession contract may not be 

extended. A temporary concession 

contract may be awarded to continue 

visitor services that were provided 

under an extended concession contract 

pursuant to the terms and conditions in 

this paragraph. A temporary concession 

contract awarded under the authority of 

the prior sentence will be considered as 

a contract extension for purposes of 

determining the existence of a preferred 

offeror under § 51.44. 

(b) [Reserved] 

(c) A concessioner holding a 

temporary concession contract will not 

be eligible for a right of preference to a 

qualified concession contract that 

replaces a temporary contract unless the 

concessioner holding the temporary 

concession contract was determined or 

was eligible to be determined a 

preferred offeror under an extended 

concession contract that was replaced 

by a temporary concession contract 

under paragraph (a) of this section. 

Subpart M—Information Collection 

■ 5. Revise § 51.104 to read as follows: 

§ 51.104 Has OMB approved the collection 

of information? 

The Office of Management and Budget 

(OMB) reviewed and approved the 

information collection requirements 

contained in this Part and assigned 

OMB Control No. 1024–0029. We use 

this information to administer the 

National Park Service concessions 

program, including solicitation, award, 

and administration of concession 

contracts. A Federal agency may not 

conduct or sponsor and you are not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

You may send comments on the 

information collection requirements to 

the Information Collection Clearance 

Officer, National Park Service, 1849 C 

Street NW., (2601), Washington, DC 

20240. 

Dated: September 22, 2014. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2014–23080 Filed 9–26–14; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0538; FRL–9915–51– 

Region 9] 

Revision of Air Quality Implementation 

Plan; California; Placer County Air 

Pollution Control District; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Placer County Air Pollution Control 

District (PCAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns a 

permitting rule that regulates 

construction and modification of major 

stationary sources of air pollution. 

These revisions correct deficiencies in 

PCAPCD Rule 502, New Source Review, 

previously identified by EPA in a final 

rule dated September 24, 2013. We are 

approving revisions that correct the 

identified deficiencies. 

DATES: This rule is effective on 

November 28, 2014 without further 

notice, unless EPA receives adverse 

comments by October 29, 2014. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0538, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or email. http://

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 


wreier-aviles on DSK5TPTVN1PROD with RULES
58264 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations 

1 VOCs and NOX are subject to NNSR as ozone 

precursors, and NOX and SOx are subject to NNSR 

as PM2.5 precursors. See 40 CFR 

51.165(a)(1)(xxxvii)(C). 

2Section 110(l) of the CAA require that SIP 

revisions undergo reasonable notice and public 

hearing prior to adoption and submittal by states to 

EPA and prohibits EPA from approving any SIP 

revision that would interfere with any applicable 

requirement concerning attainment and reasonable 

further progress or any other applicable 

requirement of the Act. 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: EPA has established a docket 

for this action under EPA–R09–OAR– 

2014–0538. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents are listed at http://

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., CBI). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

weeda Ward, EPA Region IX, (213) 244– 

1812, ward.laweeda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule we are approving 

with the date it was adopted by the local 

air agency and submitted to EPA by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule # Rule title Amended Submitted 

PCAPCD ......................... 502 New Source Review ........................................................................... 8/8/13 5/13/14 

On July 18 2014, EPA determined that 

the submittal for PCAPCD Rule 502 met 

the completeness criteria in 40 CFR part 

51, appendix V, including evidence of 

public adoption of this regulation, 

which must be met before formal EPA 

review. 

B. Are there other versions of this rule? 

EPA approved a previous version of 

Rule 502, into the SIP on September 24, 

2013 (78 FR 58460). 

C. What is the purpose of the submitted 

rule revision? 

Section 110(a)(2) of the Clean Air Act 

(CAA) requires that each SIP include, 

among other things, a preconstruction 

permit program to provide for regulation 

of the construction and modification of 

stationary sources within the areas 

covered by the plan as necessary to 

assure that the National Ambient Air 

Quality Standards (NAAQS) are 

achieved, including a permit program as 

required in parts C and D of title I of the 

CAA. For areas designated as 

nonattainment for one or more NAAQS, 

the SIP must include preconstruction 

permit requirements for new or 

modified major stationary sources of 

such nonattainment pollutant(s), 

commonly referred to as 

‘‘Nonattainment New Source Review’’ 

or ‘‘NNSR.’’ CAA 172(c)(5). 

The portion of Placer County that lies 

within the Sacramento Metro air basin 

is currently designated severe 

nonattainment for both the 1997 and 

2008 8-hour ozone NAAQS and 

moderate nonattainment for the 2006 

24-hour PM2.5 NAAQS. See 40 CFR 

81.305. Therefore, California is required 

under part D of title I of the Act to adopt 

and implement a SIP-approved NNSR 

program for the nonattainment portions 

of Placer County that applies, at a 

minimum, to new or modified major 

stationary sources of the following 

pollutants: volatile organic compounds 

(VOCs), nitrogen oxides (NOX), 

particular matter of 2.5 microns or less 

(PM2.5) and sulfur oxides (SOx).1

Rule 502, New Source Review, 

implements the NNSR requirements 

under part D of title I of the CAA for 

new or modified major stationary 

sources of nonattainment pollutants. 

The PCAPCD amended Rule 502 to 

correct minor program deficiencies 

identified by EPA on September 24, 

2013 (78 FR 58460). 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

EPA has reviewed the submitted 

permitting rule for compliance with the 

CAA’s general requirements for SIPs in 

CAA section 110(a)(2), EPA’s 

regulations for nonattainment stationary 

source permit programs in 40 CFR 

51.165, and the CAA requirements for 

SIP revisions in CAA section 110(l).2

B. Does the rule meet the evaluation 

criteria? 

With respect to procedures, CAA 

sections 110(a) and 110(l) require that 

revisions to a SIP be adopted by the 

State after reasonable notice and public 

hearing. EPA has promulgated specific 

procedural requirements for SIP 

revisions in 40 CFR part 51, subpart F. 

These requirements include publication 

of notices, by prominent advertisement 

in the relevant geographic area, a public 

comment period of at least 30 days, and 

an opportunity for a public hearing. 

Based on our review of the public 

process documentation included in 

CARB’s May 13, 2014 submittal, we find 

that the State has provided sufficient 

evidence of public notice and 

opportunity for comment and public 

hearing prior to adoption and submittal 

of this rule to EPA. 

With respect to substantive 

requirements, EPA has reviewed the 

submitted rule in accordance with the 

CAA and regulatory requirements that 

apply to NNSR permit programs under 

part D of title I of the Act. Based on our 

evaluation of this rule, as summarized 

in the Public Comment and Final Action 

section of this document, we find that 

the rule meets the CAA and regulatory 

requirements for NNSR permit programs 

in part D of title I of the Act and EPA’s 

NNSR implementing regulations in 40 

CFR section 51.165 for new or modified 

major stationary sources proposing to 

locate within the District. Final 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations 58265 

3The submitted rule also corrects an issue with 

public notice requirements regarding lead 

emissions. For a full review of all revisions, please 

see the ‘‘Placer County Air Pollution Control 

District Staff Report, Rule 502, New Source Review, 

August 8, 2013’’, which can also be found in the 

docket for this final action. 

approval of Rule 502 would correct all 

deficiencies in PCAPCD’s permit 

program identified in our September 24, 

2013 final rule. 78 FR 58460. 

C. Public Comment and Final Action. 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rule. If we receive adverse 

comments by October 29, 2014, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on November 28, 

2014. This will incorporate the rule into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For the reasons given above, under 

CAA section 110(k)(3) and 301(a), we 

are approving Rule 502. In the State’s 

May 13, 2014 submittal, PCAPCD 

corrected certain deficiencies noted in 

our September 24, 2013 rule (78 FR 

58460) that prevented full approval at 

that time. The deficiencies for Rule 

502 3 were: (1) An inadequate definition 

of the term ‘‘Regulated NSR Pollutant’’; 

and (2) missing justification for the 

stated PM2.5 interpollutant offset ratios. 

The first deficiency was corrected by 

adding the following sentences to the 

definitions of PM10 and PM2.5: ‘‘Gaseous 

emissions which condense to form PM10

shall also be counted as PM10.’’, and 

‘‘Gaseous emissions which condense to 

form PM2.5 shall also be counted as 

PM2.5.’’ The second deficiency was 

corrected by deleting the following 

wording in section 303.6.4 of the rule: 

‘‘The interpollutant offset ratios for 

PM2.5 shall be: NOX to PM2.5—100:1 and 

SOX to PM2.5—40:1; and adding the 

wording ‘‘Interpollutant emission offsets 

between PM2.5 and PM2.5 precursors are 

not allowed unless modeling 

demonstrates that PM2.5 interpollutant 

offset ratios are appropriate in an 

approved PM2.5 attainment plan.’’ This 

language resolves the deficiency by 

prohibiting the use of PM2.5

interpollutant offsets until a justification 

for specified PM2.5 interpollutant offset 

ratios is approved into the SIP. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 31, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(441) (i)(B) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 


wreier-aviles on DSK5TPTVN1PROD with RULES
58266 Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Rules and Regulations 

(i) * * * 

(B) Placer County Air Pollution 

Control District. 

(1) Rule 502, ‘‘New Source Review,’’ 

amended on August 8, 2013. 

* * * * * 

[FR Doc. 2014–23003 Filed 9–26–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 761 

[EPA–HQ–RCRA–2013–0396; FRL–9917–21– 

OSWER] 

RIN 2050–AG79 

Polychlorinated Biphenyls (PCBs): 

Manufacturing (Import) Exemption for 

the Defense Logistics Agency (DLA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is taking final action on a petition from 

the United States Defense Logistics 

Agency (DLA) to import foreignmanufactured polychlorinated 

biphenyls (PCBs). For purposes of the 

Toxic Substances Control Act (TSCA), 

‘‘manufacture’’ is defined to include the 

import of chemical substances into the 

customs territory of the United States. 

With certain exceptions, section 6(e)(3) 

of TSCA bans the manufacture, 

processing, and distribution in 

commerce of PCBs. One of these 

exceptions is TSCA section 6(e)(3)(B), 

which gives the EPA authority to grant 

petitions to import PCBs into the 

customs territory of the United States 

for a period of up to 12 months, 

provided the EPA can make certain 

findings by rule. On April 23, 2013, the 

EPA received a petition from DLA, a 

component of the United States 

Department of Defense (DOD), to import 

PCBs that DOD currently owns in Japan 

for disposal in the United States. The 

EPA is granting DLA’s petition as of 

October 1, 2014. This decision to grant 

the petition allows DLA to 

‘‘manufacture’’ (i.e., import) certain 

PCBs for disposal. Without an 

exemption granted by the EPA, DLA 

would not be allowed to import the PCB 

waste to the U.S. for proper disposal. 

DATES: This final rule is effective 

October 1, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2013–0396. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 electronically through 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, WJC West, 

Room 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 RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: 

William Noggle, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue NW, 

Washington, DC 20460, Phone: 703– 

347–8769; or by email: noggle.william@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to the petitioner, 

the U.S. Defense Logistics Agency. 

However, you may be potentially 

affected by this action if you process, 

distribute in commerce, or dispose of 

the PCB waste imported by DLA, i.e., 

you are an EPA-permitted PCB waste 

handler. Potentially affected categories 

and entities include, but are not 

necessarily limited to: 

• Waste treatment and disposal 

(North American Industrial 

Classification System (NAICS) code 

5622), e.g., facilities that store or 

dispose of PCB waste. 

• Materials recovery facilities (NAICS 

code 56292), e.g., facilities that process 

and/or recycle metals. 

• Public administration (NAICS code 

92), e.g., the petitioning agency (i.e., the 

DLA). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities potentially 

affected by this action. Other types of 

entities not listed in this section could 

also be affected. The NAICS codes have 

been provided to assist you and others 

in determining whether this action 

might apply to certain entities. To 

determine whether you or your business 

may be affected by this action, you 

should carefully examine the 

applicability provisions in 40 Code of 

Federal Regulations (CFR) part 761. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

II. Background 

Section 6(e)(3)(A) of TSCA prohibits 

the manufacture, which includes the 

import of chemical substances into the 

customs territory of the United States, 

processing, and distribution in 

commerce of PCBs, except for the 

distribution in commerce of PCBs that 

were sold for purposes other than resale 

before April 1, 1979. Section 6(e)(1) of 

TSCA also authorizes the EPA to 

regulate the disposal of PCBs consistent 

with the provisions in section 6(e)(2) 

and (3) of TSCA. 

Section 6(e)(3)(B) of TSCA, however, 

stipulates that any person may petition 

the EPA Administrator for an exemption 

from the prohibition on the 

manufacture, processing, and 

distribution in commerce of PCBs. The 

Administrator may by rule grant an 

exemption if the Administrator finds 

that: 

(i) An unreasonable risk of injury to 

health or the environment would not 

result, and (ii) good faith efforts have 

been made to develop a chemical 

substance which does not present an 

unreasonable risk of injury to health or 

the environment and which may be 

substituted for such polychlorinated 

biphenyl. (15 U.S.C. 2605(e)(3)(B)(i)– 

(ii)). 

The Administrator may prescribe 

terms and conditions for an exemption 

and may grant an exemption for a 

period of not more than one year from 

the date the petition is granted. In 

addition, section 6(e)(4) of TSCA 

requires that a rule under section 

6(e)(3)(B) of TSCA be promulgated in 

accordance with sections 6(c)(2), (3) and 

(4) of TSCA, which provide for 

publication of a proposed rule, the 

opportunity for written comments and 

an informal hearing, if requested, and 

publication of a final rule. 

EPA’s procedures for rulemaking 

under section 6 of TSCA are found 

under 40 CFR part 750. This part 

includes Subpart B—Interim Procedural 

Rules for Manufacturing Exemptions, 

which describes the required content for 

manufacturing exemption petitions and 

the procedures that the EPA follows in 

rulemaking regarding these petitions. 

These rules are codified at 40 CFR 

750.10 through 750.21. 


wreier-aviles on DSK5TPTVN1PROD with RULES