PETITION TO THE 

ADMINISTRATOR, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY, 

FOR AN EXEMPTION UNDER THE 

TOXIC SUBSTANCES CONTROL ACT 

TO IMPORT POLYCHLORINATED BIPHENYLS (PCB) AND PCB ITEMS FOR 

DISPOSAL 

(1) Petitioner: Defense Logistics Agency (DLA), a component of the United 

States (U.S.) 

Department of Defense (DoD), 8725 John J. Kingman Road, Fort Belvoir, VA 22061. 

Contact: 

Mr. Jan Reitman, Staff Director, DLA Enterprise Support Environment, Safety and 

Occupational 

Health, (703) 767-6278; or Mr. Barton McFarlane, DLA Environmental Quality 

Staff, 

(703) 767-1567. 

(2) Exemption requested: An exemption is sought under 15 U.S. Code (U.S.C.) 

2605(e)(3)(B) 

to import and dispose of transformers, switches, used oil, circuit breakers, 

debris (e.g., rags, 

small parts, packaging materials) and related material containing 

polychlorinated biphenyls at the 

U.S. Environmental Protection Agency (EPA) permitted storage, treatment, and 

disposal 

facilities in the U.S. These PCBs and PCB items are currently in temporary 

storage on U.S. 

military installations in Japan, or are in use and scheduled to be removed from 

service sometime 

before the expiration of any exemption granted based on this petition. U.S. 

military forces 

generate this material when the PCB articles are taken out of service on U.S. 

military 

installations in Japan. We believe that the PCBs contained in the articles were 

originally 

manufactured or acquired outside the U.S. 

(3) Manufacturing sites requiring exemption: None. Exemption is sought for 

import and 

disposal only of items generated by U.S. forces located in Japan. 

(4) Length of time requested for exemption: One year. 

(5) Estimated amount of PCBs and PCB items to be imported for disposal: It is 

the intent 

of the DLA to utilize this exemption, if granted, to allow for environmentally 

sound disposal of 

PCBs in DoD’s inventory in Japan, which are currently in storage or can be 

removed from 

service for disposal before the expiration of any exemption granted. Attachment 

1 provides an 

estimated inventory of the items to be imported for disposal. The inventory 

contains items with 

various concentrations of PCBs ranging from non-detected or less than 2.0 parts 

per million 

(ppm) to greater than 500 ppm. Nearly all of this material would be considered 

regulated PCBs 
in Japan. Based on data currently available, DLA anticipates that 

approximately 70 percent of 

the inventory estimate included within this petition request would be material 

containing PCBs at 

less than 50 ppm, which is a level lower than that regulated for disposal under 

U.S. law. 

 The inventories include the following types of items: transformers 

(drained and undrained), 

large and small capacitors, voltage regulators, switches, electromagnets, 

circuit breakers, 

reclosers, electrical cable, electric light ballasts, transformer oils, used 

oils, contaminated soil, 

and debris. The terms “PCBs” and “PCB items” are used to refer to PCB 

containing materials 

generally throughout this petition, and no portion of the petition is seeking to 

make distinctions 

between “types” of PCB containing material or how they may be defined under the 

Toxic 

Substances Control Act (TSCA) implementing regulations at Title 40 Code of 

Federal 

Regulations (CFR) 761. 

(6) Risk of injury to health or environment: Given the EPA’s finding in 

response to DLA’s 

previous petitions that compliant disposal in the U.S. presents “no unreasonable 

risk,” as well as 

DLA’s successful experience in disposing of PCB items under the initial 

exemption, the 

Administrator should find that allowing the DoD to return PCB containing items 

from its 

inventory in Japan for compliant disposal in the U.S. presents no unreasonable 

risk to health or to 

the environment. The following discussion evaluates the risks of the proposed 

import for 

disposal in the U.S. and balances them with the alternatives. 

 a. Evaluation of risk for import for disposal in the U.S. 

1. PCB concentrations. Foreign-manufactured PCBs and PCB items do not 

differ in 

chemical composition from domestically-manufactured PCBs and PCB items, and they 

present the same risks to human health and the environment as domestic PCBs and 

PCB 

items. A description of the parts per million concentrations and the types of 

PCBs and 

PCB items under the purview of this exemption request is provided at Attachment 

1. As 

noted in paragraph (5) above, the vast majority of this material would not 

qualify as PCB 

waste under 40 CFR 761, Subpart D. 

2. Packaging and transportation. When the DoD ships PCB items or waste from 

Japan, 

packaging, marking, labeling and shipping papers will conform to the applicable 

modal and 

inter-modal (sea, air, land) national and/or international regulations. The 

packaging will be 

in accordance with the United Nations Performance Oriented Packaging standards. 

Shipments must also comply with modal or intermodal regulatory requirements 

outlined in 
the International Maritime Dangerous Goods Code/International Maritime 

Organization, 

International Civil Aviation Organization Technical Instructions of the 

International Air 

Transport Association, United Nations Recommendations on the Transport of 

Dangerous 

Goods Code, and U.S. Title 49 CFR 100-199. DoD policy and procedures 

implementing 

these standards are found in DoD Joint Regulations . Proper handling and 

shipping shall 

include blocking, bracing, over-packing, and the inclusion of secondary spill 

containment 

devices, as required by applicable transportation regulations. 

3. Handling, treatment, and disposal in compliance with U.S. laws and 

regulations. The 

DLA has considerable experience and expertise in awarding and administering 

disposal 

contracts for PCB waste in the U.S. The DLA has been safely returning U.S.- 

manufactured items generated by U.S. forces overseas for compliant and 

environmentally 

sound disposal in the U.S. for many years. For over a decade, the DLA has 

successfully 

returned millions of pounds of U.S.-manufactured/U.S. Government owned and 

controlled 

PCBs for disposal in the U.S. Additionally, the DLA has successful experience 

in 

importing and disposing of approximately 2.7 million pounds of PCBs and PCB 

items 

pursuant to a previous exemption granted by the Administrator under TSCA Section 

6, 

which covered the period April 18, 2003, to April 17, 2004. 

 If the exemption requested in this petition is granted, the DLA will award 

contracts for 

treatment and disposal services with commercial firms. Contracts will be 

awarded in 

accordance with all applicable federal procurement statutes and the Federal 

Acquisition 

Regulations. Only companies utilizing federal and/or state-permitted treatment 

storage, 

and disposal facilities for handling PCBs and PCB items would be eligible for 

such 

contracts. 

 Specifically, upon approval of this petition under TSCA Section 6, the 

material will be 

imported in accordance with the regulations issued under the authority of TSCA 

Section 

13(b), 15 U.S.C. 2612(b), and all applicable U.S. Customs regulations. Upon 

arrival in 

the U.S., the material will be transported, handled, treated, and disposed of in 

conformance with the U.S. EPA regulations at 40 CFR 761. These regulations set 

out 

specific treatment and disposal methods for PCBs and PCB items, depending on the 

type 
of item and the concentrations of PCBs in the item or liquids/fluids. The 

foreignmanufactured PCB items described herein are similar in chemical and physical 

composition to U.S.-manufactured PCBs and PCB items, and their treatment and 

disposal 

required by EPA regulations is the same. Used oils will be dechlorinated and 

recycled 

where feasible or will be used as fuel for energy recovery. Mixed metals and 

other 

materials will be treated, detoxified and recycled where feasible. Nonrecyclable 

material will be treated and disposed of as residual solid waste. Alternative 

disposal 

methods could be used if approved by the Administrator. 

 As noted above, the DLA and its contractors have extensive experience in 

safely 

returning PCBs and PCB items to the U.S. for disposal. Prior to safely 

returning and 

disposing of 2.7 million pounds of PCB items under the Administrator’s 

previously 

granted exemption, DLA returned 2.4 million of pounds of U.S.-manufactured PCBs 

and 

PCB items from Japan since 1991 for compliant disposal without incident. 

Throughout 

the course of this experience, DLA has used the same standards and procedures 

described 

above without incurring a spill or safety problems affecting human health or the 

environment. 

 b. Evaluation of long term storage risks in Japan. 

 

1. Lack of permitted PCB disposal facilities in Japan to process U.S. waste. 

The DoD 

intends to pursue in-country disposal when capacity comes on line and when 

disposal 

services can be reasonably acquired. However, as has been noted 

internationally, Japan 

has insufficient disposal capacity to handle PCB decontamination and 

destruction. 

Reports by the United Nations Environmental Program Agency note the lack of 

disposal 

facilities. The Japan Times and other Japanese media have also focused on the 

issue. 

In 2001, the Japanese Diet passed legislation designed to facilitate the 

construction of 

PCB disposal capacity, known as the “Law Concerning Special Measures Against PCB 

Waste”. Although Japan is developing domestic capacity to dispose of PCBs, no 

commercial facilities are known to be operational at this time, and capacity is 

expected to 

be very limited for the next several years. 

 A precise estimate of the overall backlog of PCB waste material 

inventories currently 

awaiting disposal in Japan is not readily available. Japan has banned PCB 

production 
since 1974. Before that date very significant quantities of pure PCBs were 

produced and 

utilized in various electrical and insulating capacities. Given the 

significant backlog of 

Japanese generated PCBs and given the very limited in-country disposal capacity, 

it is not 

likely that there will be disposal facilities available to treat and dispose of 

U.S. forcesgenerated waste for a number of years. By contrast, the United Nations reports 

referenced above and EPA’s web site identifying permitted PCB disposal 

facilities 

indicate there are a significant number of facilities in the U.S that are 

permitted to dispose 

of PCB wastes in a compliant manner that presents no unreasonable risk to human 

health 

or the environment. 

2. Limited DoD storage capacity in Japan. Since Japan has no disposal or 

permitted 

storage capacity currently available to U.S. military generators, U.S. forces 

are required 

to accumulate PCBs on their installations pending final disposal solutions. At 

the time of 

DLA’s previous petitions, DoD interior storage space in Japan was severely 

impacted, 

and much inside storage space that could have been devoted to more direct 

mission 

support was utilized to store PCBs in order to mitigate the risks as much as 

possible. 

Following the successful removal of 2.7 million pounds of PCBs, much of this 

storage 

has reverted to previous uses and now more directly supports the missions of the 

U.S. 

Forces in Japan (USFJ). 

 Without the benefit of an exemption from the TSCA import ban DoD’s current 

storage 

capacity limits will be reached and PCB waste from smaller temporary storage 

locations 

will eventually have to be transported over public roads to other larger storage 

areas until 

disposal can be effected. In addition, non-PCB property currently in certain 

storage areas 

would need to be moved to allow that space to revert to PCB storage. The PCB 

wastes 

and the adjoining material will be subject to increased moves and handling. 

These 

factors demonstrate the risks of long term storage and show that this strategy 

is 

inappropriate for DoD’s management of its PCBs in Japan and supports the 

rationale 

behind requesting these items to be returned for compliant disposal in the U.S. 

Based on 

current estimates of new PCB waste generations, some DoD facilities in Japan 

will reach 

existing storage capacity limits within the next year, and several more will 

reach capacity 

by the time the exemption being requested by this petition may be granted. 
3. Risks of long-term storage of PCBs and PCB items increase with time. 

Although 

significant progress has been made in drawing down the DoD inventory of PCBs and 

PCB items located in Japan, the continuing shortage of in-country disposal 

capacity does 

not allow for reductions of the remainder of the DoD foreign-manufactured PCB 

inventory. Absent a waiver to the import ban, DoD will be dependent on long 

term 

storage on its foreign military installations as a means to manage its PCB 

waste. 

 Continued accumulation over extended time periods increase the risk of 

exposure to 

U.S. military personnel, to people living in and around the U.S. installations 

where the 

PCBs are stored, and to the environment should releases occur due to human 

error, or 

unforeseen severe weather, or seismic events. In addition, storage containers 

will 

deteriorate with time, increasing the likelihood that personnel who must monitor 

such 

items and repack them if they suspect leakage are exposed to the PCBs. Longterm 

storage may increase the DoD’s liability for clean-up costs if spills occur. 

This would 

increase exposure to U.S. personnel, and local citizens, and could potentially 

result in 

ground and water contamination. Each time an item is handled, another 

opportunity for a 

spill or exposure is created. The storage situation is exacerbated in Japan 

because the 

installations where these materials are located are relatively small, storage 

space is at a 

premium, and the surrounding civilian communities are located in very close 

proximity to 

the stored PCBs. Moreover, the situation for the DoD is further complicated 

because of 

the perceptions of the local communities regarding PCBs, as addressed in 

paragraph 6 (b) 4 below. 

 Additionally, Japan is in an area of the world subject to severe weather 

and seismic 

activity. Typhoons, earthquakes and tsunamis could flood or severely damage 

storage 

areas and buildings, increasing the potential for releases and increasing DoD’s 

liability 

for subsequent environmental clean-up or damage to human health. PCBs and PCB 

waste items stored for an indefinite period abroad may therefore present a 

greater risk to 

human health and the environment than short term storage for timely disposal in 

the U.S. 

 The EPA has previously noted the risks inherent in extended storage in its 

1996 PCB 

Import for Disposal Final Rule: 

“EPA believes that PCB wastes which are not disposed of for extended 

periods of time or which are not disposed of in facilities providing 

equivalent protection from release to the environment may pose an 
unreasonable risk to health and the environment.” 

 The same Rule also underscored the benefit of prompt disposal in the U.S: 

“Based on the persistence of PCBs in the global environment and EPA’s 

finding that any exposure to human beings or the environment may be 

significant, EPA believes that the safe disposal of PCBs in approved 

U.S. facilities poses less risk of injury to health or the environment in the 

U.S. than the continued presence of PCBs in other countries, since 

proper disposal in this country provides protection against possible 

hazards from improper disposal elsewhere.” 

 EPA affirmed its positions regarding the risks of long term storage abroad 

and the 

benefits of prompt disposal in its Final Rule addressing DLA’s previous 

petitions. 

Moreover, this position is consistent with the position of the U.S. Government 

regarding 

the proper management of PCBs as expressed in multilateral arrangements and 

international conventions such as the Stockholm Convention on Persistent Organic 

Pollutants, and in the Organization for Economic Cooperation and Development 

(OECD) Decision (C(73)1) on the “Protection of the Environment by the Control of 

PCBs, 2/13/73, and the OECD Decision (C(87)2(final)) on “Further Measures for 

the 

protection of the environment by control of PCBs, 2/13/87.” Very generally 

stated, 

these arrangements require or recommend bans on production or new uses of PCBs 

and 

advocate “accelerated” disposal of PCBs and PCB items currently in use where 

possible. 

4. PCB disposal issues can strain U.S.-Japanese international relations. In 

1968, a tragic 

human poisoning episode in Western Japan affected over 1,000 people causing 22 

deaths. The “Yusho” or “rice oil disease” was attributed to the consumption of 

rice 

bran oil contaminated with PCBs and served as a catalyst for current PCB 

prohibitions 

such as those imposed by TSCA, the Stockholm Convention, and Japanese domestic 

law. As a result of this highly publicized incident, Japanese citizens exhibit 

particular 

sensitivity to PCB issues. Delicate U.S.-Japan relations over the presence and 

operation 

of U.S. military installations could be adversely affected by denial of this 

petition. 

 The presence of PCBs on U.S. military bases in Japan has in the past 

attracted 

significant adverse attention from Japanese politicians, the Japanese press, 

Japanese 

environmental groups, and local citizens. There has been constant local 

surveillance of 

U.S. military PCB storage in Sagamihara and demands for inspections and sampling 

for 

PCBs since at least 1992, when a member of Congress released a report outlining 

the 

storage and presence of PCBs and other hazardous materials on U.S. bases in 

Japan. 

Any perception that the U.S. would return to stockpiling and long term storage 

of these 

materials invites unwarranted claims that the U.S. military is neglecting its 

environmental 
responsibilities. 

5. Summary. In light of the risks cited above, allowing PCB material to remain 

in 

storage indefinitely may lead to degradation of storage containers and releases 

of PCBs 

into the environment from the materials located at temporary or permanent 

storage 

facilities. PCBs released into the environment as a result of disasters, 

accidents, 

container degradation or other events can present significant exposure risks. 

This 

material is currently stored, or will need to be stored, on crowded DoD 

facilities in close 

proximity to where U.S. military and civilian personnel and the local community 

live and 

work. Since there are no permitted PCB disposal facilities available to U.S. 

forces in 

Japan, and because of the unique environmental conditions in Japan, as noted 

above, the 

potential for PCB contamination via leaks from aging containers or accidental 

spills is 

higher at these locations than at EPA permitted disposal facilities in the U.S. 

DoD 

civilian employees, U.S. military personnel, and contractors employed by the 

U.S. 

Government are at greatest risk. 

 

c. Balancing risks and interests. The benefits of prompt disposal of this 

material in the U.S. 

eliminates the risks inherent in extended long term storage of PCBs and far 

outweighs any 

risk associated with the DLA’s proposed course of action. Granting this 

petition presents no 

unreasonable safety or health risks and will serve to mitigate the risk of 

injury to human 

health and the environment. Approval of this petition will demonstrate 

environmentally 

responsible behavior by the U.S. and will further the U.S.’ interests by 

maintaining good 

international relations with a valued ally, and will significantly reduce the 

health risk to 

persons of both nations and to the environment in Japan. 

 Additionally, as noted above, granting this petition to allow DoD to manage 

its PCBs in 

an environmentally sound manner (i.e., import of DoD owned and generated items 

to the U.S. 

for compliant disposal) is consistent with U.S. interests and obligations, such 

as those 

expressed in OECD Decisions (e.g., paragraph (6) b 3 above regarding management 

and 

treatment of PCBs); the Basel and Stockholm Conventions; and the Toxic 

Substances Control 

Act itself. This petition envisions DLA removing these items from a country 

where suitable 
disposal cannot currently be obtained and ensures that suitable disposal will 

occur in a 

manner consistent with U.S. law and regulation. Accordingly, this application 

meets the 

statutory standard that “no unreasonable risk” may result from the grant of an 

exemption 

under the TSCA 6(e) authority. 

(7) Substitutes for Disposal in the U.S. TSCA Section 6(e)(3)(B)(ii) requires 

the 

Administrator to find that “good faith efforts have been made to develop a 

chemical substance 

which does not present an unreasonable risk of injury to human health or the 

environment and 

which may be substituted for PCBs.” To satisfy the requirement in the context 

of a petition to 

import, EPA looks at why such activity should occur in the U.S., including what 

steps the 

petitioner has taken to find an alternative to importing the PCBs for disposal. 

The DLA 

submits that despite its good faith efforts to find alternatives to domestic 

disposal in the U.S., 

there is currently no reasonable alternative to domestic disposal. 

 a. Alternative treatment and disposal on U.S. installations in Japan. As 

DLA noted in its 

previous exemption requests, there are significant impediments to disposal on 

DoD military 

installations in Japan. To be properly processed, PCB materials should be 

separated into three 

streams: 1) metallic components to be decontaminated and recycled; 2) used oils 

to be 

treated/dechlorinated and recycled or burned for energy recovery; and 3) nonrecyclable material 

to be treated and disposed of as residual solid wastes. Although certain 

portable treatment 

technologies are becoming available in Japan, the domestic regulatory standards 

are very 

stringent and would require PCB decontamination levels to be less than 0.5 ppm 

without dilution 

to qualify an item as being “non PCB”. Complicating the situation further is 

that any transfer or 

sale of property from the U.S. military installations into Japanese commerce is 

considered an 

“import.” of property. Japan has banned the importation of PCBs at any 

detectable concentration 

including concentrations below the very stringent 0.5 ppm level at which Japan 

regulates 

domestic PCBs. DLA is not aware of any available technologies that are 

permitted in Japan 

that would treat all PCBs items to the level that PCBs are completely removed or 

that could be 

acquired at a cost that is economically feasible. Moreover, if such technology 

were to become 

available, it would not resolve the issue of the residual “non-recyclable” waste 

that would remain 

or result from the treatment process. There are no permitted commercial 

disposal facilities 
currently available to the U.S. military for PCB disposal in Japan; hence, 

treatment outside of 

Japan would still be required for the residual wastes resulting from any “oninstallation” 

treatment process. 

 Additionally, the local Japanese communities next to, or near U.S. 

installations would likely 

object to the construction of processing facilities. In light of the concerns 

cited above, engaging 

in on-site processing activities in Japan would present significantly greater 

public relations 

challenges and potentially greater environmental and health risks than shipping 

the materials to 

existing U.S. permitted treatment and disposal facilities where the technology, 

infrastructure and 

expertise are available to process them properly. Finally, DoD’s policy on the 

environmentally 

sound management of hazardous waste, as incorporated in bilateral agreements 

with the Japanese 

Ministry of the Environment (MOE), prohibits the treatment of this material on 

U.S. 

government installations. In the event that DoD reached agreement with the MOE 

to change the 

policy to allow treatment on U.S. installations, any proposed treatment would 

likely require 

permissions from other government agencies, including local prefectures. 

 As noted in paragraph 6(b)1 of this petition, Japan passed laws in 2001 for 

the purpose of 

making the country PCB-free by 2016, and the government is promoting the 

construction and 

operation of new disposal facilities. The first plant capable of PCB disposal 

is expected to come 

on-line in November 2005, with four more facilities to follow. Sufficient 

processing capacity to 

dispose of DoD generated PCB wastes in Japan is not likely in the foreseeable 

future. In 

addition, other factors preclude in-country disposal as a viable alternative for 

DoD in the near 

term because local community resistance is expected and because the original 

intent of the 2001 

Japanese environmental laws was to promote construction of facilities to process 

Japan’s 

domestic wastes. Japanese companies currently do not have other viable 

alternatives for PCB 

disposal. Accordingly, PCBs located on U.S. installations were not even 

considered in the 

planning factors for designing disposal capacity to ensure Japan could be PCBfree by 2016. 

The DoD continues to pursue potential access to future Japanese disposal 

capacity with the 

MOE; however, since the sufficient disposal capacity is not currently available 

to the Japanese 

commercial sector, DLA does not anticipate getting access to in-country 

facilities prior to the 

expiration of any exemption that may be granted pursuant to this request, the 

timing of which is 
intended to ensure USFJ does not experience significant storage impacts (i.e., 

exceed existing 

capacity). Finally, there is the issue of cost of disposal in Japan. The cost 

of commercial PCB 

disposal in Japan appears to be many times greater than the cost of returning 

this waste for 

disposal in the U.S. Even if the international relations concerns and capacity 

concerns with 

respect to in-country disposal were to be resolved, it would be very difficult 

to justify payment of 

higher prices to foreign companies with limited capacity when the cost is lower 

in the U.S. and 

capacity is ample. The DoD currently has contracts with U.S. waste disposal 

companies with a 

history of safely and efficiently processing PCBs. 

 b. Feasibility of third country disposal. The lack of suitable 

alternatives for disposal of PCBs 

generated by U.S. defense activities overseas is an ongoing concern and was 

explored in a 1999 

DoD report to Congress. Since PCBs are covered by the Basel Convention on the 

Transboundary Movement of Hazardous Wastes and Their Disposal (hereafter “Basel 

Convention”), the DLA contractor hired to arrange disposal was required to 

comply with the 

cooperation notices and consent regime required under that convention. 

 Prior to submitting its previous request to EPA for an exemption from the 

TSCA PCB import 

ban, DLA and its primary disposal contractor made contacts over a period of 

several years with 

Japanese officials and with disposal facilities located outside the U.S. in an 

effort to identify 

firms that could dispose of waste PCB items overseas while satisfying Basel 

Convention 

requirements. The DoD also consulted with State Department officials in Japan 

and the U.S. 

whose responsibilities included international environmental matters. These 

consultations 

resulted in a consensus that use of existing facilities in other developed 

countries was not a 

reasonable alternative. Even if other countries would accept these wastes, nongovernmental 

organizations could be expected to oppose disposal of its U.S. waste in third 

countries, 

principally because the U.S. already has the technical capability to dispose of 

PCBs. 

 Discussions held with USFJ personnel prior to submitting this petition 

suggest that it is 

unlikely there will be disposal capacity available to the U.S. within Japan in 

the near term. In 

addition, the previous TSCA exemption appears to have affirmed the perspective 

of Government 

of Japan (GoJ) officials that the U.S. Government should dispose of U.S.-

generated PCBs in the 

U.S. USFJ officials have pursued the viability of third country disposal with 

their Japanese 

counterparts. The MOE clearly pointed out that Article 4 paragraph 5 of the 

Basel Convention 
prohibits export and import of hazardous wastes between a Party and non-Party 

and that any 

PCB disposal that may take place “would be a matter between the U.S. and the 

third country.” 

They went on to say “they believe it (i.e., third country disposal) would be 

against the spirit of 

the Basel Convention.” This is a clear indication that the MOE position (i.e., 

of declining to 

act as the exporting country under the Basel Convention for wastes not generated 

by Japanese) 

will not change and therefore the DoD will not be able to obtain Japan’s consent 

to act as an 

“exporting country” under the Basel Convention. 

 The DLA’s attempts to locate appropriate disposal sites outside the U.S. 

demonstrate its good 

faith efforts to pursue alternatives for disposal within the U.S. and fulfill 

the requirements of 

TSCA 6(e)(3)(B). USFJ officials will continue to explore the potential that 

Japanese PCB 

disposal capacity may become available to the U.S. at some time in the future. 

Should such 

disposal capacity become available its use will be seriously considered. 

(8) Economic consequences if petition is denied. The broad economic 

consequences of 

denying this petition are not readily susceptible to objective quantification. 

For example, there is 

no reliable way to assess the potential economic consequences to the U.S. 

stemming from 

potential international criticism or non-cooperation that may result from a U.S. 

decision not to 

import PCB waste for disposal, waste that the U.S. itself generated at its 

military activities 

overseas. Similarly, it is difficult to estimate the economic consequences of 

continued long term 

storage of the material in Japan along with the attendant exposure risks to U.S. 

personnel and the 

risk of release to the local environment, a risk that increases over time. 

These potential 

consequences, while difficult to quantify, are of potentially greater magnitude 

than the direct 

costs of continued storage in Japan. 

(9) Conclusion: The U.S. Armed Forces are an indispensable and highly visible 

instrument of 

U.S. foreign policy. Through our military presence overseas, the U.S. exerts 

influence on the 

global community. This influence is manifested in our approach to security 

arrangements, 

alliances, and international arrangements ranging from the non-proliferation of 

weapons of mass 

destruction to trade and the environment. However, this presence overseas 

unavoidably results 

in the generation of wastes, some of it hazardous, and some of it related to 

PCBs manufactured 

before their hazards were recognized or their distribution banned. 

 This exemption meets the statutory requirement for relief under Section 

6(e)(3) of the TSCA. 
The treatment and disposal facilities that DLA will utilize if this request is 

granted are compliant 

with U.S. law, and the import proposed would not result in an unreasonable risk 

of injury to 

health or the environment. Granting this petition would eliminate the risks 

inherent in continued 

storage of this material in Japan and will avoid exposing the U.S. to 

international criticism for 

not disposing of its own PCB waste. Additionally, the DLA has made reasonable 

efforts to 

locate appropriate disposal sites outside the U.S. as a substitute to making 

this request. 

 For all the foregoing reasons, the DLA respectfully requests that the 

Administrator grant the 

proposed exemption. 

 

 KEITH W. LIPPERT 

 Vice Admiral, SC, USN 

 Director 

 The Defense Logistics Agency is the DoD component that provides supplies and 

services to America’s military 

forces in 48 states and 28 foreign countries. The DLA manages more than 5.2 

million consumable items and 

processes 54,000 requisitions per day. DLA supports 124 nations with sales that 

are expected to total more than 31 

billion dollars annually in FY 2005. When the military no longer needs an item, 

the DLA arranges for its 

reutilization or ultimate disposition through the Defense Reutilization and 

Marketing Service (DRMS), a DLA field 

activity. 

 For purposes of this petition, DLA’s estimates of waste quantities generated 

are based on CY 2007 being the 

approximate effective period of any exemption granted. Actual generations may 

be adjusted lower or higher 

depending on the actual exemption period. 

 In a meeting at Yokota Air Base March 1-2, 2005, representatives of the U.S. 

installations generating PCBs in 

Japan determined that the PCBs generated in the 12 month period from February 

2004 are representative of annual 

generations expected to continue at least through 2008. 

 In Japan, as in the U.S., imported PCBs are regulated differently from 

domestic PCBs. Under the Law Concerning 

the Examination and Regulation on Manufacture of Chemical Substances, and 

related Japanese legislation, use and 

distribution of material containing PCBs above 0.5 ppm is strictly regulated and 

new production banned. However, 

DRMS personnel have been advised by officials at the Japan Ministry of 

Environment that “no” material containing 

“any levels” of PCBs may be recycled, sold or otherwise transferred into the 

Japanese economy because such 

transfers would be considered imports, as are other transfers of property from 

U.S. Government control to private 
Japanese parties. Furthermore, an Import Response from the Government of Japan 

published under the Rotterdam 

Convention of Prior Consent indicates that no PCBs may be imported without 

permission from the Minister of 

International Trade and Industry (MITI) and that no such permissions have been 

granted (Rotterdam Convention on 

Prior Informed Consent (PIC)) Import Responses, as of July 2004, (CAS number 

1336-36-3). 

 See attachment 1 for characterization of waste streams by type of material and 

PCB concentration. 

 68 Fed. Reg. 4938. 

 DLA Directive 4145.41/Army Regulation 700-143/Air Force Joint Instruction 24-

201/Navy Supply Instruction 

4040.55/Marine Corps Order 4030.40A. 

 The DLA has an existing PCB disposal contract that is used for disposal of 

PCBs returned from overseas. The 

contract is held by Clean Harbors, of Coffeyville, Kansas. In addition to the 

PCB transformer 

decontaminating/decommissioning performed at that site, other Clean Harbors 

facilities are EPA permitted to 

perform chemical dechlorination, chemical waste landfilling and incineration. 

However, that contract will expire at 

the end of FY 2005, and a new contract(s) will need to be awarded to handle any 

imported PCBs authorized as a 

result of any exemption granted pursuant to this petition. 

 United Nations Environmental Programme (UNEP), August 2000, “Survey of 

Currently Available NonIncineration PCB Destruction Technologies,” Annex.2. 

 Cabinet Set to Approve Two Bills on PCB Disposal, February 22, 2001, Japan 

Times, available at 

http://www.japantimes.co.jp/contact.htm. The article explains that once the 

Diet approves construction of facilities 

under this bill, it would be another five to ten years before facilities are 

able to operate and take care of the backlog 

of items for disposal. 

 Effective date July 15, 2001 English translation from Japan Environmental 

Safety Corporation (JESCO) website. 

The JESCO (formerly known as JEC) is the quasi-governmental organization charged 

with the construction and 

operation of PCB disposal facilities as mandated by law. The law requires the 

central government to develop a 

framework to develop capacity to dispose or consign disposal of current PCB 

inventories by 2016. Under the law, 

prefectures establish plans under the national framework and waste holders 

report PCB storage and disposal at the 

prefectural level, consigning disposal in accordance with their plans. An 

overview of the law can be found at 

www.jesconet.co.jp/eg/pcblaw.htm. An overview of the domestic PCB waste 

treatment program can be found at 

www.jesconet.co.jp/eg/pcb.htm. 

 ib. See also, footnote 13. 

 See PCB Treatment in Japan, International Business Strategies, January 2002. 

Based on a report and survey by 

Japan’s Ministry of Health, Labor and Welfare (MHLW) in 1998, approximately 

54,000 tons of PCBs were 

consumed domestically prior to the 1974 ban. This is absolute weight of pure 

PCBs. This volume of PCBs will 
yield considerably greater volumes of PCB items or material contaminated by 

PCBs. The same report notes that 

there is currently approximately 126,000 tons of PCB contaminated insulation oil 

in storage in Japan. Manufactured 

PCBs used in heat conducting insulation oil, for example, accounted for 

considerably less PCB production (8585 

tons) than did electrical power equipment uses (approx 37,156 tons). While 

reliable data on the stockpile of PCB 

contaminated fluids and material (by weight) is not readily available, the MHLW 

report listed the following 

stockpiles: high voltage transformers/condensers, 390,000 units in use or 

storage; low voltage 

transformers/condensers, 712,000 units; PCB bearing waste pressure sensitive 

paper, 27 tons; PCB waste, 778 

kilolitres; waste polluted materials, 6300 tons; pole mounted transformers, 

4,026,000 units. 

 www.epa.gov/opptintr/pcb/stordisp.html. 

 DLA has submitted this request in anticipation of an exemption period that 

would allow removal of the maximum 

amount of PCB material without exceeding DoD’s existing overall storage capacity 

in the country. (Please see 

Attachment 2, table, “Storage Impacts”. 

 This situation results in DoD repeatedly being unable to comply with its own 

internal guidance and Final 

Governing Standards agreed to in bilateral arrangements with Japan (see, 

Department of Defense, 2001, Japan 

Environmental Governing Standards, Version 1.1, revised June 2002, hereafter 

“JEGS”) as negotiated in 

accordance with the U.S./Japan “Status of Forces Agreement,” entry into force, 

Jan. 19, 1960, and DoD’s “Overseas 

Environmental Baseline Guidance Document,” DoDD 4715.5-G, March 2000. 

Generally speaking, the JEGS 

require compliance with host nation or U.S. environmental requirements, 

“whichever is more stringent.” The lack 

of “in country” or “third country” disposal options combined with the impact of 

the TSCA ban on PCB imports 

often results in DoD having to store PCBs in Japan for periods longer than would 

be allowable under U.S. law. 

Also, the JEGs incorporate a bilateral agreement that the U.S. will dispose of 

its PCBs (except GoJ provided 

equipment) outside of Japan, JEGS 14-3.5b. 

 [Federal Register (Fed Reg.): March 18, 1996 (Volume 61, Number 53)][Rules 

and Regulations] [Page 11099] 

 ib. 

 68 Fed. Reg. 4937 

 The U.S. has signed, but not ratified this convention. Under Article 18 of 

the Vienna Convention on the Law of 

Treaties, signatories to treaties are expected not to take actions to 

“frustrate” the purpose of the Treaty. In any event, 

the current U.S. administration has indicated it supports the goals of the 

Stockholm Convention. 

 With this decision OECD member countries, including the U.S., committed 

themselves to ban virtually all new 

uses for PCBs, and recommended that members “accelerate” the phasing out of PCBs 

from existing uses, control 

PCBs in existing products, articles or equipment, and ensure appropriate 

disposal methods for wastes containing 
PCBs.” 

 See Michel Mercier & Morrell Draper, Chemical Safety: The International 

Outlook, World Health Organization 

(1994); Leonard T. Flynn, Ph.D., M.B.A. & Cindy F. Klein\man, M.P.H., Public 

Health Concerns about 

Polychlorinated Biphenyl’s (PCBs), Ecotoxicology and Environmental Safety 38, 

71-84 (1997). 

 ib. 

 See, Defense Agency will Inspect PCB Storage, The Yomiuri Shimbun (Tokyo), 

Aug. 20, 2000, at 2; Pollution at 

Okinawa Bases Cannot be left Uncorrected, Asahi Shimbun Jan 14, 1999; David 

Armstrong, U.S. Presence on 

Foreign Soil is Tainted, Boston Globe, Nov. 15, 1999; Danielle Knight, 

Environment: Asian Women Demand 

Cleanup of U.S. Military Bases, Inter Press Service, Oct. 16, 1998; Probe Fails 

to Confirm Source of Pollutant at 

Kadena Air Base, Kyodo News Service, Sept. 28, 1998; High Level of PCB Detected 

in Okinawa, Jiji Press Ticker 

Service, Feb. 21, 1997; Toxic PCB Detected at Ex-U.S. Facility, Jiji Press 

Ticker Service, Oct. 2, 1996. 

 See, MOFA, Environment agency to Investigate Base PCB Dumping, Ryuku Shimpo, 

Aug. 19, 1998; Editorial: 

Probe Pollution at U.S. Bases, Ryuku Shimpo, Aug. 18, 1998; U.S. Base Pollution, 

Ryuku Shimpo, Aug. 28, 1998; 

U.S. Rejects Request for PCB Test at Kadena, Japan Economic Newswire, No. 25, 

1998. The DLA has also 

received several requests for information under the Freedom of Information Act 

from members of the Sagamihara 

City Council seeking copies of delivery orders and other documentation of 

hazardous materials containing PCBs at 

the Sagami Depot. 

 68 Fed. Reg. 4936, statement regarding the applicable test from the EPA Final 

Rule granting DLA’s earlier 

petitions requesting an exemption to import PCBs from U.S. installations in Wake 

Island and Japan for disposal. 

 See footnote 3, above. 

 Even if such facilities become available in the future, the United States 

Government would still need to enter 

bilateral arrangements with Japan permitting the U.S. to “import” PCBs into 

Japan. For many reasons, not the least 

of which is the disparity between the PCB disposal capacities of our two 

nations, it seems unlikely the U.S. would 

be able to obtain such permission in the next five years. 

 See footnote 15. The JEGS currently prohibit treatment on USFJ installations. 

 USFJ and DoD officials work closely with Japanese Ministry of Environment 

(MOE) officials on environmental 

matters pertaining to U.S. forces there and participate in an Environmental 

Steering Committee, and the PCB 

Technical Working Group (PCB TWG). The GoJ takes the position that U.S. 

generated PCBs should be disposed of 

at U.S. facilities and that the limited disposal capacity being developed in 

Japan was intended only to meet Japanese 

requirements according to the commitments the GoJ has made in its 2001 law 

(enacted for the purpose of disposing 

of domestic Japanese PCBs by 2016). See, for example, Environmental 

Subcommittee, PCB Technical Working 
Group, Minutes of Second Meeting, Oct. 25, 2002. Like other documents from the 

PCB TWG, this is a bilateral 

U.S./GoJ document for official use only and not available for release outside 

the USFJ and GoJ MOE, unless the 

consent of the MOE is obtained. Requests to the Japanese MOE through USFJ may 

be made by contacting the 

DLA-P LNO, Maj. Mike Ercolano, DSN: 312-225-2475; cell phone number 090-6861-

4245; email: 

Michael.Ercolano@usfj.mil. 

 The commercial price list JESCO provides to its Japanese customers contains 

disposal rates that appear to be 

many times greater than disposal rates in the U.S. and significantly higher than 

DoD’s costs for domestic disposal 

even when ocean transportation is factored in. For example, the JESCO 2005 

price list offers 1810 yen/kg for light 

ballasts, equating to approximately $8.00/lb; 422,000 yen per 10-15 kg 

transformers which equates to approximately 

$4,200.00 for an average sized 33 lb. transformer (not including the costs of 

in-country transportation to the disposal 

facility). By contrast, DRMS’ PCB disposal prices average about $0.40/lb., not 

including ocean or domestic 

transportation costs. 

 The National Defense Authorization Act for Fiscal Year 1999, section 324, 

directed the Secretary of Defense to 

submit a report to the Congress regarding foreign manufactured PCB waste under 

control overseas. The EPA 

concurred in its release, noting that it looked forward to working with DoD to 

ensure all PCB wastes are handled in 

an environmentally sound manner. The report stated in pertinent part: 

 “Shrinking access to adequate disposal facilities overseas 

is an impediment 

 to the environmentally sound disposal of foreignmanufactured PCB wastes. 

 Most of the facilities that can dispose of PCBs in 

accordance with DLA 

 standards are located in Europe or North America. Over the 

past several 

 years, the European Union (EU) member States have been 

revising their 

 waste policies to restrict transboundary movements of 

hazardous waste. 

 Currently, EU law prohibits imports into the EU of waste 

for disposal, 

 except for parties to the Basel Convention. However, Basel 

parties 

 wishing to export waste into the EU for final disposal must 

obtain prior 

 approval from the importing country and must affirmatively 

show that 

 they do not have and cannot acquire facilities to dispose 

of the waste 

 in an environmentally sound manner domestically. It is not 

easy to 

 obtain the cooperation of both the importing and exporting 

countries 

 and the approval process is very time consuming.” 
(Report to Congress, Foreign Manufactured PCBs at U.S. Military Installations 

Overseas, page 15, March 1999). 

 Since that time two more international conventions addressing international 

trade or controls in toxic chemicals 

have come into effect: the Stockholm Convention on Persistent Organic Pollutants 

(POPS), entry into force on May 

17, 2004, and the Rotterdam Convention on Prior Informed Consent, (PIC), entry 

into force, June 2004. Like the 

Basel Convention, the U.S. has signed, but not ratified, these conventions. 

 Ministry of the Environment Government of Japan Memorandum for U.S. Forces 

Japan dated June 20, 2005. 

Subject: Basel Notification for PCB Disposal 

 This issue has been pursued repeatedly in discussions between the two 

governments, and has been subject to 

discussions within the Environmental Steering Committee and other environmental 

and diplomatic channels. The 

latest of these, a formal written USFJ request to the MOE on May 18, 2005, has 

not yielded positive results. 

 In addition to DLA’s efforts, it should be noted that the Department of 

Defense has consistently sought to obtain 

relief from the situation DLA faces when trying to obtain disposal resources 

overseas in host nations without 

sufficient capacity. DoD’s 1999 Report to Congress (i.e., see footnote 32) 

requested legislation to amend the TSCA 

import ban, to allow the U.S. to import PCBs for disposal in the U.S., and 

requested legislation to implement the 

Basel Convention. DoD has not obtained this legislative relief. 

Attachments 

 

 

 

 

12 

June 2005 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

June 2005 

Defense Logistics Agency 

Request for Exemption under Sec.6(e)(3)(B) of the Toxic Substances Control Act