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# Environmental Protection Agency Part IV

40 CFR Parts 9 and 761 Disposal of Polychlorinated Biphenyls; Import for Disposal; Final Rule



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40 CFR Parts 9 and 161 ENVIRONMENTAL PROTECTION AGENCY In [estahlishing the open border policy], EPA has reviewed whether the regulation of imported andexported PCB wastes for disposal should be accomplished under section 6(e)(1) of TSCAor under section 6(e)(3). While section 6(e)(3)(A)(i) could be read to allow regulation of the import ofPCB wastes for disposal, section 6(e) treats PCB disposal as a separate matterunder section 6(e)(1), which allowscomprehensive regulationofthe disposal ofPCBs. Accordingly,EPA has elected to regulate import and export ofPCB waste for disposal under section6(e)(1). (44FR31514-31516; May31,1979.)

After the border was closed in 1980, EPA relied on its authority under section 6(e)(3) in accepting and considering exemption petitions for specific transboundary shipments of PCB waste at concentrations of 50 ppm

or greater. Such exemptions were rarely granted.

Under its section 6(e)(l) authority, EPA is implementing in this rule a broad-based approach to import for disposal that EPA believes carries out Congress' intent that EPA take action to prevent unreasonable risks of injury to health and the environment in the United States from PCBs.

Under section 6(e)(l) EPA has promulgated a series ofdisposal regulations which support a consistent

course ofaction to promptly dispose of regulated PCBs in a mannerwhich limits releases to the environment to the best levels achievable by technology at the time the regulations were promulgated. Section 761.65 requires disposal of PCBs within 1 year ofthe time the PCBs are designated a waste. Part 761, subpart D prescribes standards which are used for issuing disposal approvals. EPA believes that PCB wastes which are not disposed of for extended periods oftime or which are not disposed of in facilities providing equivalent protection from release to the environment may pose an unreasonable risk of injury to health and the environment. Therefore, EPA believes
today's rule which allows foreign generated PCB wastes to be disposed of in a prompt and safe manner in the United States is consistent with the requirements it has promulgated for storage and disposal of domestically generated PCB wastes. Under TSCA section G(e). EPA makes decisions using the concept of "unreasonable risk." This includes the consideration of the risks of harm to health.or the environment in the United States and ofthe costs of regulation in the United States. EPA does not consider risks that occur outside the United States except to the
extent thoso risks may result in risks in tho United States, nnd EPA does not r.ousider ofregulation to 

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I. Overview ofRulemaking

A. Purpose ofthis Final Rule

In the Federal Register of December 6, 1994 (59 FR 62788), EPA issued a notice of proposed 

### rulernaking to amend the polychlorinated biphenyl (PCB) rules at 40 CFR part 761, promulgated under section 6(e) ofthe Toxic Substances Control Act (TSCA). Comprehensive changes were proposed for the PCB regulations which included, among other things, the requirements for determining PCB concentration; marking, storage and disposal; decontamination levels and procedures; reporting and recordkeeping requirements; and use authorizations. In addition. EPA proposed to allow the import and export of PCBs for disposal
at concentrations of50 ppm or greater undercertain circumstances. Comments

were specifically solicited on retaining the prohibitions on transboundary shipments of PCB waste for purposes of disposal, on removing the prohibitions, and on specific regulatory language proposed at § 761.20(b) and (c) that would allow import and export of PCB
waste undercertain circumstances with appropriate administrative controls (see 59 FR62816-62818).

On June 6 and 7. 1995, EPA held a public hearing on the proposed PCB Disposal Amendments, including the proposed importprovision. in

. Arlington. Virginia. A transcript ofthat hearingwas placed in the public record.

In response to considerable public interest in the proposal to allow importation of PCBs for disposal, EPA has expedited its final action on the portion ofthe PCB Disposal Amendments addressing import, and is promulgating these provisions in today's final rule. The otherregulatory changes proposed in the PCB Disposal Amendments, including those relating
to export for disposal at concentrations of 50 ppm or greater and other transboundary shipments of PCB waste, will be addressed in a separate Federal Register notice at a later date.



# -B. StatutoryAuthority

This final rule is issued pursuant to section 6(e)(1) of TSCA Section 6(e)(1) ofTSCA gives EPA the authority to promulgate rules to prescribe methods for the disposal of PCBs (15 U.S.C 2G05(e)(l)).

When EPA adopted a year-long open border policy in 1979, it explained that. while the Agency has concurrent authority to regulate import of PCB
waste for disposal under both section G(e)(1)and section G(o)(3), it

so under tho authority of section G(e)(l) Federal

SUMMARY: On December 6,1994, EPA proposed to allow the import and export ofPolychlorinated Biphenyls (PCBs) for disposal at concentrations of 50 parts per million (ppm) or greater under certain circumstances. This final rule promulgates regulations at 40 CFR part 761, subpart F to permit the import of PCBs for disposal at concentrations of 50 ppm or greater. Today's rule continues to allow the import and export of PCBs for disposal at concentrations less than 50 ppm. Those portions ofthe December 6,1994, proposed rule addressing otherissues, including export of PCBs for disposal at concentrations of 50 ppm or greaterand other transboundary shipments of PCB waste, will be addressed in a separate Federal Register notice at a laterdate. This rule will provide for the sensible management of PCB waste imports, consistent with hazardous waste import regulations, and the United States' obligations under international agreements. This rule will benefit the United States by facilitating the safe removal of PCBs from areas near the United States' borders, as well as the world environment in general, and this rule will produce economic benefits for the United States.

DATES: In accordance with 40 CFR 23.5, this rule is promulgated for purposes of judicial review at 1 p.m. eastern standard time on March 18, 1996. Because this final rule relieves a regulatory restriction, under section 553(d) of the Administrative Procedures Act (APA), this final rule is also effective on March 18, 1996.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Rm. E-543B, Environmental Protection Agency, 401 M St., SW., Washington, DC 204GO, (202) 554-1404, TDD: (202) 554-0551, F/\X (202) 554 5603 (document requests l: TSCA-Ilotline@epamni

SUPPLEMENTARY INFORMATION: [OPPTS-66009B; FRL-5354-8)

RIN 207o-AC01
Disposal of Polychlorinated Biphenyls; Import for Disposal

AGENCY: Environmental Protection Agency (EPA).
ACTION:Final rule, 

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outside the United States. Thus EPA's analysis for this rulemaking does not consider impacts of the rule that take place outside the United States.

Because EPA is promulgating this rule
to allow import for disposal under its section 6(e](l) authority, it 

### is no longer
necessary for persons who wish to import PCBs for disposal in accordance with this rule to apply for case-by-case exemptions under section'6(e)(3). However. to the extent thllt persoIls wish to engage in import activity outside the scope ofthis rule (i.e.•an activity otherthan importing PCB waste for disposal), section 6(e)(3) petitions
may still be filed with the Agency.

C. 

### Coordination with International Agreements

On May 5.1992. the Basel Convention

on the Control ofTransboundary Movements ofHazardous Wastes and TheirDisposal (Basel Convention) entered into force. The Basel Convention imposes a series of obligations on Parties regarding transboundary shipments ofhazardous
waste. One provision ofthe Convention ofsignificance to theimplementation of today's rule is that Basel Parties are prohibited from exporting or importing
wastes that fall within the scope ofthe Convention to or from non-Parties unless a separate agreement or arrangement exists with non-Parties regarding transboundary shipments of such wastes. (For a more detailed explanation ofthe Basel Convention. the
content and role ofthese separate agreements and the text ofthe Convention. please see the Federal Register of May 13.1992 (57 FR 20602).)

On March 21.1990, the United States signed the Basel Convention. Signature indicates that the United States will not take action that would defeat the object and purpose of the Basel Convention. However, the United States has not yet ratified the Basel Convention. Since-the United States is not a Party to the Convention, Parties to the Convention
may not trade in Basel-covered wastes with the United States absent a separate bi- or multi-lateral agreement or arrangement between the concerned goverrunents covering such wastes (e.g., PCBwaste) that meets the conditions specified in Article 11 ofthe Basel Convention. The lack ofsuch an agreement or arrangement could prevent the export of PCB waste from a Basel Party to the United States for disposal.

Nothing in today's rule alters the existing authority of the United States to prohibit an import whore the import is not in compliance with an agreement or arrangement that the United States has entered into regarding PCB waste imports; or where the import is not in compliance with other international obligations ofthe United States.

D. Coordination with OtherEPA Regulations

Section 9(b) 

### of TSCA mandates EPA to "

...coordinate actions taken under this Act with actions taken under other Federal laws

...." EPAbelieves that today's filIalrule has the advantage over the proposed rule and the current "Closed Border Policy" ofmaking the regulation ofimportation of PCBs for disposal more consistent with the regulations on the importation of hazardous wastes under the Resource Conservation and Recovery Act (RCM), 40 U.S.C. 6901 et seq. Currently, under RCRA, EPAgenerally does notrestrict the importation ofhazardous wastes from abroad for disposal at permitted facilities in the United States. apart from certain controls adoptedpursuantto relevant international instruments. such as the U.S.-CanadianAgreement Concerning the Transboundary Movement ofHazardous Waste. EPA believes thatwithout appropriate controls. the importation of PCBs for disposal could pose unreasonable risks
to human health and the environmentin the United States. Therefore. EPA believes that it 

### is in the publicinterest
to regulate the importation of PCBs for disposal.

The need tomake a determination of

no unreasonable risk underTSCA mitigates against an unrestricted open borderpolicyfor PCBs. Therefore, today's rule will allow forimportation of PCB wastes with minimal disruption, including PCB-eontaininghazardous
wastes that formerly werebarred from entry into the United States. For the

reasons explained below in Unit I.E.• EPAdetermines that, with proper control, including priornotification, tracking, and storage and disposal in approved facilities. a less restrictive policy concerning the import of PCBs fordisposal, which is more consistent with the program for hazardous wastes under ReM, will not present an unreasonable risk ofinjury to health or the environment.

In addition to compliance with the TSCA PCBregulations at 40 CPRpart 761, importers should be aware that otherrequirements may also apply to imports of PCBs. For instance. importers
must provide a TSCA Section 13 Importer's Certification to U.S. Customs in accordance with 40 CPR part 707, subpart B.Further. 

### All parties should be aware that imported PCB waste may be subject to regulation under RCRA Suutit

### le C as a hazardous waste. unless it satisfies the RCRA exemption set forth in 40 CFR 261.8 or anotherapplicable exemption. Section 261.8 exempts generally from RCRASubtitle C regulations tho disposal ofcertain PCBcontaining dielectric fluid and electrical equipmentcontaining such fluid authorized for use under40 CPR part 761. EPA believes this RCRAexemption should apply to the disposal of PCB
waste that meets the criteriaof§ 

### 261.8 regardless o'fwhetherthe dielectric fluid

or electrical equipmentcontainingthis fluid originated domestically or abroad. (These fluids andequipment may notbe imported for use, but may 

### be imported for disposal.) There is no reason to treat these imported fluids and equipment differently from theirdomestic counterparts forpurposes ofthis disposal exemption and § 

### 261.8 was not intended toresult in different treatment ofthe same type ofmaterials. However. ifimportedPCB wastemeets the RCRA definition of a hazardous waste and fails


### to meet the § 

### 261.6 exemption, then it will haveto 

### be handled 

### i;U compliance with all applicableRCRAregulations (as is the case with domesticPCB waste).

Nothing in 

### this rule affects orobviates obligations affecting PCBsunderother laws or regulations. Theimporter. and the owneror operatorofeach storage and disposal facility managing imported PCBs for disposal are responsible for determiningandcomplying with all otherapplicable Federal. State and local laws andregulations pertaining to the

. managementofthis material.

E. UnreasonableRiskFinding

In 

### this final rule. EPAis not implementing the proposed import notice provision that would have requiredimporters to justify. on an individual shipmentbasis, how importing PCB waste for disposal would be in the interests of the United States. Based on additional data suppliedby commenters, in particularcomments demonstrating the very low risks associated with regulated transportation, EPA has determined that the risk associated with the import for disposal of PCBs would be insignificant under the circumstances outlined in this rule. and these insignificant risks are outweighed by significantbenefits. Provided import ofPCas fordisposal is conducted under the circumstances outlined in this final rule, including notification of the Agency. EPA finds that such import will not present an unreasonable risk of injury to health or the environment in tile 

### United States. This is because in the-United States all PCBs imported fordisposal arc subject
to 

### u.s. Department ofTransportation regulat ions forhazardous materials during transport. and must be r I

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manifested. stored. and disposed ofonly in facilities with PCB storage and disposal approvals. or laboratories handling limited quantities. The United States will realize significant benefits from this rule, including the amelioration ofthe risks posed to the United States by the presence of PCBs 

### ill the 

### world ellvirollrllElIlt. Unifed 

### Sta.tes industry stands to gain an economic benefit of $50 - $100 million annually from PCB waste imports, and additional jobs may be created.

EPA received substantial written and oral comments in response to the proposed PCB Disposal Amendments and the proposed PCBExemptions Rule (59 FR 62875, December6,1994) on the risk oftransportation fordisposal. Most
commenters addressing the transportation issue argued that the risks involved in transportation for disposal are negligible. The American Trucking Association's (ATA)
comments included a review ofthe Department ofTransportation's (DOT) statistics. and found that only one "serious incident" involving PCB transport occurred in the period from January 1,1990 to November 15, 1994. (During thatperiod. a "serious incident"

was defined by DOT to be an accident

or derailment. an evacuation, Ii 

### death,

an injury requiring hospitalization or lost work time. or aroad closing. (comment CI-047).) For comparison, 1,923 serious incidents involving hazardous wastes occurred from January 1,1990 to December 31,1995, and during that same period, 16,074 serious incidents involving all hazardous materials (including wastes) occurred. Also. during that time. 14 serious incidents involving Class 7 radioactive material occurred. ATA estimates that upwards of 500,000 shipments of hazardous materials and 5.000 shipments ofhazardous wastes are' made daily.

The Environmental Technology Council (ETC)noted in its comments that over 200,000 tons of RCRA hazardous waste peryear move across the U.S.- Canadian border, including pesticides and other chlorinated hydrocarbons with hazard profiles similar to PCBs. Comments supporting the safe shipment of PCBs for disposal were also provided by S.D. 

### Myers. Inc. EPA Region IV. in a 1986 study. concluded that the risk associated with a PCB transportation spill would be slight (Ref. 5). 

### Based on this datu and analysis. EPA finds that the transportation of PCBs imported into tho United States fordisposal presents little risk ofinjury to health or the
erivironmcnt. 

### EPA also finds that the storage and disposal ofimported PCBs at facilities approved underTSCA, as required by this rule, presents little risk ofinjury to health or the environment. In developingthe disposal regulations at 40 CFRpart 761, subpartD, EPA determined that thebenefits ofdisposal (be

### tha.tdestriidioll, dElCootlll11illlltioll,

or long-term containment) outweighed therisks associatedwith these
processes, especially sinceEPA regulations require the use ofthebest available technology standards for destruction andlong-term containment
at approved facilities. As part of its approval process for PCBwaste management facilities, EPAevaluates the technology and procedures ofeach facility to ensure its ability to meet these standards. These assessments presume a conservative scenario withregard to concentration ofconstituents and feedrate. The operating conditions ofthe approval are set so thatthey do not exceedthe values establishedin the technical assessment andduring the demonstration test. Therefore, since each disposal approval establishes operating conditions based onwaste characteristicsdemonstrated to the Agency as part ofthe approval process, disposing offoreign-generated PCB
waste in U.S. disposal facilities will not increasethe risks ofdisposal overand above the risks calculatedatthe time the PCB disposal approval was issued. In 

### approving facilities under 40 CFR part 761, subpartD, EPAensures that disposal facilities are designed and operated in accordance with the regulatory standards. While PCBs currently in storage or in the environment outside the United States pose less immediate risk ofinjury to health and the environment in the United States than PCBs in the United States today, they do pose some risk. EPAbelieves that the benefits of the removal ofthese PCBsoutside the United States outweighs any risks associated with their disposal in TSCAapproved facilities.

The importation ofrCBs for disposal could theoretically cause situations posing risks ofinjury by creating a shortage ofdisposal capacity for domestic PCB disposers. especially in tho initial period of this change in policy. Theoretically. such a shortage could raise disposal prices enough to slow the romoval of PCBs from service in the United States. or toencourage the irnpropor disposal of PCBs.either of which might result in increased
exposure to PCBs. While the import of PCB wastes may cause minor increases in disposul prices over the short-term, EPA does not believe that import will

cause a shortage ofstorage or disposal capacity. With certain exceptions.
comments on this rule confirm that the U.S. PCB disposal companies have generally experienced an excess of capacity in recent years.

Furthermore. EPAbelieves the
amounts of'PCBs available forimport

are small in comparison to domestic generation. and pose little threat of swamping domestic disposal capacity. For instance. a recent report estimates there are 172.722 metric tons of PCB materials in Canada (Ref. 3). Mexico reportedly has 60,000 metric tons of PCB materials (Ref. 1). EPAbelieves all ofthis waste is unlikely to be imported into the United States, particularly not within a single year. Forcomparison, 842,050 tons ofdomestic PCBwaste

were disposed of at U.S. commercial facilities in 1993. Paradoxically, allowing importof PCBs couldeven stabilize disposal prices for U.S. PCB
waste generators in the future, by ensuring that U.S. PCB disposal facilities continueto have an economicallyviable market. and continueto remain in the PCB waste disposal business.

Despite EPA confidencethatimport will nothinderUnited States generators from disposing of PCBs, as a safety
measure, today's rule will provide a storage capacity cushion for domestic PCB waste. EPA is requiring owners of storage and disposal facilities accepting imported PCB waste to certifythat no

more than 70% oftheir facilities' approved and operating storage capacity is being used at anyone time for imported PCB waste from all sources. This will ensure disposal firms handling imported waste cannotuse all their

resources for imported waste to the exclusion ofdomestic customers. Such

a situation might increase risk by forcing domestic generators to store theirwaste for extended periods of time. The 70% capacity limit will facilitate compliance with the existing requirements fordisposal of PCB waste within 1 year ofremoval from service (see § 

### 761.65(b)) by ensuring adequate

access to disposal capacity for domestic generators. This provision will expire after 3 years. Based on the above cited inventories of waste in Canada and Mexico. EPA estimates that this 3-year period will be sufficient to allow for any surge ofwaste imports generated by this

new opportunity to dispose of PCB
waste in the United States. After that time, EPA believes that the PCB disposal market will have compensated for any effects ofadditional foreign wasto, and removal of this capacity provision will not deny domestic 

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commentrulemaking, the policy still provides inadequaterelief •..The petitionprocess stillcreates' market barriersbetwoon similarlyqualified potential importers

...

### m>A should

.. .allow transborder movements of PCBs at least on a level no more restrictive than currentlyexists forhazardous waste." Several commenters suggested that at aminimum, EPAestahlish a deadline forresponse to petitions, and others recdmmended EPAgrant petitions on a classbasis forspecific types ofimports [i.e., allow only liquids,

or recyclablemetals, or waste from . countries with no disposal,capacity).

Even greaterconcernwasexpressed in comments aboutthe actual c:riteria that EPAwould use to review and rule

.. on petitions to importwaste as proposed. The absence ofa description ofthereViewprocess andthe potential for inequity in EPA's decision-making process were notedas uncertainties that couldnegativelyimpactthe U.S. disposalindustry's planningprocess and hurtbusiness competitiveness. Commentersindicatedthat

### ifEPA retainedthe reviewprocess inthe final rule, it 

### shouldelaborateonthetime frame for adecision and the actual standards it would use in 

### accepting or rejectingpetitions to importPCB waste (e.g., howEPAintends to determine whetheran import is in 

### theinterests of the United States). Preference was expressedforthe replacement ofthe proposedpetitionprocess with a codified list ofconditions on import, allowing unrestricted importfor disposal within the bounds ofthose conditions, with no notification to EPA.

Not all commenters supportedthe general proposal to open the borderto PCB wastes at concentrations of 50 ppm and above. One commenterexpressed

concern that allowing imported PCBs to compete for finite domestic disposal capacity would increase PCBdisposal
costs for domestic generators such as itself. Adequate domestic disposal capacity was one of the concerns which caused EPA to close the borders in 1980 and it remains an issue that is being addressed in this rulemaking. The 1980 borderclosing was focused almost exclusively on waste disposal capacity in Canada. Capacity now exists in Canada as indicated in written and oral
comments by Canadian disposal firms (e.g., fixed-site incinerator at Swan Hills, Alberta; mobile incinerators, etc.).

Comments opposing any extension of the currentopen border policy for waste
at concentrations less than 50 ppm PCBs, to PCBsatconcentrations of 50 ppm or greater, were submitted by the firm of Hogan & 

### Hartson and others on behalfof several Canadiun disposal does not considerimportforpurposes of these regulations. Outside ofthese excepted activities, the proposed rule retained the general prohibition on the import of PCBs fordisposal at concentrations of 50 ppm orgreater.

EPA also requested comment on the
extent to which the U.S. border should be opened to transboundary shipments of PCBs fordisposal, noting that the choices available for the final rule ranged fromallowingall imports under section 6(e)(1) to maintaining the generally closed borderstatus, and might include openingthe borderto PCBs from a limited geographical area suchas the Great Lakes drainagebasin (see 59 FR 62816).



### B. Summaryof Comments
Oral and written comments in response to the proposedimport provisions were submittedby approximately 32 separateparties. Comments are availableforreview in the dockettothis final rule. EPA's response to those comments are summarizedin aResponseto Comments document, whichis also,available inthe docket to this rule.

In 

### general, comments submitted in 

### writingandpresented orally at the public hearing strongly supported openingthe borderas broadly as possible to 

### Imports ofPCBs fordisposal. The general sentimentofcommenters

was thatthe time was appropriate for a relaxation of EPA's 1980 "Closedborder policy" (May 1, 1980, 45 FR 29115) on PCBwastes because the UnitedStates has the technology, capacity, and ability
to dispose of PCB waste generated in othercountries. Commenters generally supported allowing imports ofwastes from foreign countries, with particular emphasis on PCBwastes coming from United States firms with foreign operations, and from Mexico and Canada. Many commenters opposed restricting imports to instances where "the interests of the United States" was narrowly interpreted to apply to PCBs in

a narrowgeographical area justoutside the country's borders, where mismanagement ofthose wastes could
pose an immediate risk ofexposure and thus pose a risk ofinjury tohealth and the environment in the United States,

Little support was expressed for the actual process proposed by EPA. Generally, commenters indicated that the proposed petition and review mechanism was too burdensome and not likely to provide the reliefintended. One.comrnenter. 

### AmericanTrucking Association (C047), summarized this belief: "While such case-by-ease review may not be a shipment-by-shipment review nor subject to notice-andgenerators access to disposalcapacity or contribute to the need to store PCBsfor

more than 1 year.

EPA now concludes that to attempt to regulate individual import shipments of PCBsbased on the risk those PCBs would pose to health or the environment in the United States if

### they
were to remain in storage or use outside of the United States is impractical and inequitable. This conclusion is based on the lack of any establishedscientific methods in use to measure therelative risk ofone cross-borderexposure , scenario with another. This issue is further complicatedby the persistence of PCBs in the environmentand their world-wide dispersal. Forinstance, research supporting EPA's reportto Congress, 

### Deposition of AirPollutants to the Great 

### Waters (EPA-453A!R-93-055, May, 1994), indicates thatupto 89% of the currentPCBloading for Lake Superioroccurs through airdeposition, much of it from distantsouroes.Ftgures forthe otherGreat Lakes rangefrom 6% to 63%. Based on the persistenceof PCBs in the globalenvironmentand EPA's finding that anyexposureto humanbeings or the,environmentmay be significant, EPA believes thatthe safe disposal of PCBsin approved U.S. facilities poses less riskofinjwyto healthorthe environmentin the United States thanthe continued presenceof' PCBs in othercountries, sinceproper disposal in this countryprovides protection againstpossible hazards from improperdisposal elsewhere.

II. Discussionofthe Rule and Comments

A. 

### Background

Currently, EPAallows the importfor disposal of PCBsonly at concentrations less than 50 ppm. In 

### response to periodic requests from individuals to import PCBs fordisposal at higher concentrations, and to ensure that the PCBrules are not inconsistent with the conditions of the Basel Convention, EPA proposed in the PCB Disposal, Amendments (59 FR62788, December 6,1994) to allow such imports under certain circumstances, in the beliefthat doing so would not pose an unreasonable risk ofinjury to health or the environment. EPA specifically proposed to create certain categorical exemptions to the general ban on import fordisposal of PCBs at 50 ppm or greater. For PCBwaste not included in these categorical exemptions, EPA proposed to establish a petition procedure to allow import on a case-bycase basis. EPA also proposed to clarify the status ofcertain transboundary shipments of PCBswhich the Agency 

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concerns. The comrnenters 

### argued that EPA docs not have the statutory authority underTSCA section 6(e)(1) to regulate import for disposal; rather, all imports must be regulated under the statutory ban on manufacture at section 6(e)(3). The cornmenters 

### also maintained that by this rule EPA was making a significant policychange. and that EPA has failed to supportits action with data or analysis, as required by the Administrative Procedure Act (APA) 5 U.S.C. 551 

### et seq. The commenters also questioned the appropriateness ofthe proposed rule under existing international law governing the shipmentofhazardous wastes.

As discussed in Unit 1.8. ofthis preamble underthe heading "Statutory Authority:' EPAbelieves it has the authority to regulate import-for-disposal underTSCA section 6(e)(1).

EPAclosed theborderin 1980 primarilybecause ofboth limited disposal capacityinthe UnitedStates and no appropriate disposal capacityin Canada, the country which presented the greatest potential forexports to the United States. Today, that situation has changed dramatically, with excess U.S. disposal capacity at an all time

### high. and with the presence ofadequate disposal capacity in Canada. EPA believes that today's rule is more in harmony with the international obligations of the United States pertaining to the transboundary shipment and disposal ofhazardous
wastes than the previous closedborder policy.

EPAreceived a late commentthat any decision by the Agency to generally open the borderto imports (and exports) would not have been properly announced in the Federal Registerand therefore potential commenters did not have an opportunity to provide
comment. EPA disagrees with this
comment. The notice proposing to open the borderclearly requested comments

on a broad range ofoptions. The December 6,1994, Federal Register notice stated: "EPA is requesting
comment on the circumstances under which the U.S. border shouldbe opened
to transboundary shipments of PCBs for disposal. The options range from allowing all imports fordisposal under section 6(e) to maintaining the current closed border status, and might include opening the borderto PCBs from a limited geographic area such as the Great Lakes drainage basin" (59 FR 62816). Many ofthose who provided written comments or oral comments at the public hearing on the issue of opening the border availed themselves of EPA's request. EPA also notes that the written comment period on this rule was extended once, and totalled 120 days. The public hearing was held after the close of the written comment period, and there was opportunity to file written reply comments 

### afterthe public hearing. Therefore, EPA rejects the argument of a lack ofpriornotice and opportunity forcomment on this issue.

C. Discussion ofToday's Final Rule

In 

### response to the general support for

an expansion of the currentexception (i.e.• the import of PCBs fordisposal at concentrations of less than 50 ppm) to allow import ofhigherconcentration
wasteunder section 6(e)(1) of TSCA, andbecause EPA has been able to make

a finding of no unreasonable risk, EPA is allowing imports ofPCBwaste at concentrations at 50 ppm orgreater, undercertainconditions. EPA is adopting the importfor disposal portion oftheproposedrule, withmodifications to 

### eliminateEPAreview and approval of eachimportnotice. This final rule eliminates these noticerequirements for theimport oflimitedquantities of PCB
wastefor laboratory analysis or for treatabilitystudies. These activities facilitate the disposal process, and importofthese limitedquantitieswill
notpose an unreasonablerisk to health

orthe environment. For clarity, EPA is finalizing the provisions oftoday's rule undera new subpartF of the PCB regulations at40 CFRpart 761, which will include all provisions pertainingto import. export, and othertransboundary shipments of PCBwaste. References to the new subpartF are being included at §§ 

### 761.20(b) and (c)(3)and 761.60(h) and definitions are being added to §

### 761.3 for "Basel Convention:' "Importer," and "Treatability study."

1. Importnotice. Underthis final rule
at § 

### 761.93(b). importers of PCBsand PCB Items are required to submit a PCB
wasteimportnotice to EPA's Office of Enforcement and Compliance Assurance. EPAmust receive this notice at least 45 days before the first import
enters the United States. The notice
must contain specific information, including the identity of the importer (company name, name ofcontact person, address, telephone number, facsimile (fax) number, EPA identification number], the identity of the foreign generator (company name. contact name, address

- including country. telephone and fax numbers). countries oftransit (if any), port ofentry in the United States. and methods of transport (e.g., by ship or rail). The notice must identify the types of PCB waste (e.g., transformers, capacitors, oil, soil) and PCBconcentrations, the number and frequency ofshipments, maximum shipment size, and the maximum total quantity to beimported during the period coveredby the notice. Projected dates ofshipmentmust be included. as well as the period'oftime coveredby the import notice (not to exceed 12 months). Thenoticemust identify each storage and disposal facility which willbe managing the PCB waste,coveredby thenotice (by company name, contactname, address. telephone and facsimile numbers, and EPA identificationnumber). Imported PCB waste mustbe storedand disposed ofinTSCA-approvedcommercial facilities. unless otherwisenoted in § 

### 761.93(b). Thenoticemustalso includewrittencertifications from each storage or disposal facility identifiedin the notice,'includingtheimporterif applicable, thatthe facility hasthe capacityto storethe waste andthat no

more than 70% oftheirfacilities' approved andoperatingstoragecapacity is beingused at anyonetimefor

, importedPCBwaste from 

### all sources. the facility agrees to acceptthe waste. and

### has the appropriateTSCA approval(s) to manage the waste. In 

### addition, the importermustcertifythat it is aTSCA-approved commercial
storerordisposerof PCBs, andthatit agreesto acceptfull financial liability for the waste from thetimeit enters the UnitedStatesuntil it hasbeen completelyand finally disposed of. Such liabilityincludes the costs associatedwith any spills, cleanups. and additional disposalthatmay occur. Finally, the importermust certify the completeness and accuracy of the informationincluded inthe notice. using existingcertificationlanguage at 40 CFR 761.185(e).

OnecommenterstatedthatEPA shouldrequire disposers accepting

, importedPCB waste to notify all their
customers ofsuch imports. so those
customers could assess theirliability. EPA does notbelieve this is necessary. in thatbefore it 

### accepts any imported PCB waste. the importer. which mustbe

a commercial storage or disposal facility. must accept full financial liability forthis waste. Further arrangements for protection from liability for the mismanagement of imported PCBs are bestdealt with in the contractual arrangementbetween the facility and their domestic PCBwaste clients. '

One notice will be sufficient for all shipments by

### the importer for 12 months from the date of the first import. so long as all shipments are accurately described by that notice. A change in import practices during that year which deviates from tho notice. such as exceeding the quantities identified in the notice, commencement ofimport

### Federal Register 

### I Vol. 61, No. 53 

### I Monday, March 18, 1996 

### I Rules and Regulations 11101

from a new country, or storage or disposal in a differentfacility, requires that a new notice be submitted, and received by EPA 45 days priorto the change occurring. A notice submitted to report such changes in import practice should indicate that it 

### is an amendment of an earlier notice. Byrequiring an import notice only once every 12 months, rather than beforeevery shipment; EPAbelieves that today's final rule will impose a significantly lighterreporting burden and significantly fewer delays on the regulated community than shipment-byshipment notification, while still retaining sufficientEPA oversight. Ifa series ofimport shipments will continue beyond 12 months, the importermust submit a new importnotice to coverthe activity which continues beyond the initial 12-month notice period. Provided

an importersubmits subsequentnotices punctually so that they are received by EPA at least 45 days beforethe annual expiration of the first importnotice. the importer shouldbe ableto continue importing indefinitely without interruption, assuming the notices are properly filed and complete. EPA believes that 45 days are necessary for it to review the importnotice and investigate any associated issues, such

as disposal capacity at a facility. or U.S. international obligations pertaining to shipments ofwaste from specific countries.

EPArecognizes that some of the information required to be submittedin a PCB waste importnotice may also be required to be submittedto EPA pursuant to certain international agreements. With the exception of the information and certifications required by § 

### 761.93(b)(1)(iii)(F). (G),and (H), 

### importers may elect to include information in the PCB waste import notice in the same format as the information is submitted under the international agreement. Underall

. circumstances, the specific certifications required by § 

### 761.93(b)(1)(iii)(F), (G), and (H)must be included in each PCB
waste import notice. EPAencourages importers to submit information using the same form submitted under the international agreement, provided the form contains the information required by § 

### 761.93(b)(1)(iii)(A)-(E).

2. Confidential business information. 

### EPA believes that the information requested in PCB waste import notices will generally not warrant treatment as confidential business information (CBl) pursuant to section 14 ofTSCA. 

### EPA believes that most. if not all, of the information requested in the PCB waste import notice. will not meet the criteria established for TSCA CBl. Also. much of 

# . this infonnation would be 

### accessible to the public through otheravenues. such

as on manifest forms, or through notices provided underotherstatutes, such as RCRA. or underinternational agreements. For instance, while some international agreements. such as the bilateral agreementbetween 

### UIO United States and Canada on hazardous waste, have provisions for CBI, many others, such as the Basel Convention. contain

no provisions for such information.

EPAstronglyrecommends that importers not make claims of CHI on theirimport notices. Notices containing CBIclaims will require an enhanced level ofreview by the Agency. If CHI claims are made, such claims shouldbe accompanied, at the time the claim is made, by a writtenjustification substantiating each item of the claim pursuant to 40 CFR 2.204(e). In accordance with the procedures set forth in TSCAand 40 CFRpart 2, EPA will routinelyrequest such substantiation from theimporter

### ifit 

### does not accompanythe claim of confidentiality. EPAintends to challengeCHIclaims. unless the submittersatisfactorilydemonstrates a valid need to maintainconfidentiality. and can demonstrate thatthe information is not accessible to the public through otheravenues. such as a government-to-governmentnotification underthe Basel Convention, or through manifesting.

Any claim ofconfidentialitymust accompanythe PCBwaste importnotice at the time it is submitted to EPA. To make a CHIclaim, the importermust submit two copies of each PCBwaste import notice. One copy oCthenotice
must contain all information required in § 

### 761.93(b)(1)(iii). Inthis copy of the notice, the submittermust clearly highlight or mark the specific items claimed as confidential on each page, and identify each item with the label "TSCA 

### Confidential Business Information." This notice must be double wrapped. and the inner envelope marked "PCB Waste Import NoticeCll! Claimed." The outerenvelope must be addressed to: TSCA Document Processing Center (7407). Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Washington. DC20460. Substantiation of CBlclaims must be submitted with this copy. The second. "sanitized," copy must contain all information required in the first copy, with the exception that all information claimed as confidential in the first copy must 

### bedeleted. This copy must be sent to the address'used for non-Cll! notices (Attn: PCB Waste Import Notice. Office ofEnforcement and Compliance Assurance. Office of Compliance (2222A), U.S. Environmental ProtectionAgency, 401 M St., SW., Washington. DC 20460). EPA will not considera PCB waste import notice that contains

### cm claims
to be 

### complete for purposes ofthis rule,

norinitiate the 45-day time period, until both copies and the written substantiation are received by EPA.



### 3. Reviewofimportnotice. EPA will

screen incoming PCBimportnotices for compliance with the notice conditions required by § 

### 761.93(b){1). EPA may refuse entry ofindividual PCB waste import shipments in instances where the import.notice is incomplete, inaccurate, or the designated storage or disposal facility is notapproved for the type, concentration, or quantity ofwaste proposed. EPA is also reserving the right
to refuse entrybased on shortage ofthe storage or disposal capacity at the designated facility (including noncompliance with the 70% storage capacityrequirement), or noncompliancewith intemationallaw or obligations that would result from a givenimport. In 

### addition. EPA may always at a laterdate bring an enforcementaction against a shipment which has already entered the United States.



### 4. Regulation of PCBs after import. EPA.is also includinga provision at . § 

### 761.93(b)(2) in the final rule to address the storage and disposal ofimported PCB wastes in the United States, Imported PCBs and PCB Items are subjectto all applicablemarking provisions ofsubpartC, and mustbe storedand disposed of in accordance with subpart D. All storage.container provisions ofsubpartDapply, as well

as any applicable Department of Transportation (DOT) standards.

In general, all PCBwastes imported into the United States are regulated under40 CFR part 761 in the same

manner as domestic PCBsexcept that imported PCB wastes must be stored and disposed of in a facility with an appropriate commercial storage or disposal approval that has been issued under section 6(e) of TSCA. Imported PCB wastes may not be stored at a facility which is not approved as a commercial storerof PCB waste, nor may they be disposed of at a facility without a TSCA disposal approval issued by EPA, such as a municipal solid waste landfill, boiler, industrial furnace, or high-efficiency boiler. For instance, intact and non-leaking fluorescent light ballasts and drained PCB-contaminated electrical equipment from domestic sources-are currently allowed underTSCA to be disposed of

as municipal solid waste. However. if these PCB items are iIII

### ported for 

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'I I



# I 

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### 11102 Federal / Vol. 61, No. 53 / March 18, 1996 / 

### Rules and

disposal, they must be treated as PCB
waste. They must be manifested, stored
at a commercial storage facility, and disposed ofin a TSCA-approved disposal facility [o.g., incinerator or TSCA landfill). The handling of all imported PCBs and PCB Items as PCB
waste subject to subpart Dis a necessary condition of EPA's finding of no unreasonable risk for the import of PCBs for disposal. EPA is mandating the use ofTSCA-approved commercial storage and disposal facilities for the same reason; such facilities have financial

assurance to ensure proper closure. they
must submit annual reports to the Agency, and they have Agency approved capacity limits at their storage facilities. These conditions are necessary for the Agency to track imported PCB waste. and they permit the United States to assure the exporting country that the imported PCB waste is being managed in an environmentally sound manner.

Imported PCB waste is subject to the 1 year limit on storage for disposal at § 761.65(a). For calculation ofthe 1 year storage for disposal limitation. EPA will consider storage for disposal to initiate

on the.first one ofthe following three dates, as applicable: (1) The date the PC;B waste enters a State in the 48 contiguous States; (2) the date the PCB
waste enters any State, ifthe waste is to be disposed ofin that State; (3) the date the waste enters a State outside the contiguous 48 States, ifthe waste is stored in that State for more than 10 consecutive days. The first ofthese instances will be the usual situation. The second provision currently is expected to apply to waste disposed of
at the U.S. Army's disposal facility at Johnston Atoll. as this is currently the only TSCA-approved disposal facility outside the contiguous 48 States. The third instance is intended to prevent the indefinite storage of waste in a State. For instance. shipments of waste in transit from another country to the U.S. mainland might enter Hawaiian port for a few days for transfer to another vessel, EPA does not consider such a transfer to begin the 1 year storage for disposal time period. However, EPA docs not wish to allow waste to he stored at dockside or in ships for weeks

on end. Ten days is the existing regulatory limit on such transfer storage, because that is the time limit imposed

Oil stornge at a transfer facility WIthout approval for conunerci.rl storDge (see § 7G1.3. definition of "transfer facility") That is, If Wilsieis stored ilt

!l port for over 10 it must be storcd by nn approved**cO!!lm(~rcinl** End lilt: 1 slornge fur (JL.;po:;;,\ i; twill also commence for that waste, Importers should be aware that the 1 year limit on storage for disposal automatically precludes the legal import of PCB
wastes that cannot be disposed of within 1 year. such as some types of mixed PCB-radioactive wastes for which there are currently no permanent disposal solutions.

5. Becotdkeepitig andmanifesting. For purposes ofrecordkeeping under 40 CFR part 761, subpart

## J, "General Records and Reports," importers, other than those who are the initial commercial storer or disposer of the waste, are requiredby § 761.93(b)(3)(0
to keep the same annual records required of domestic generators. EPA is
not requiring importers to keep these records ifthe waste is imported directly
upon entry to the importers own facility, because these records wouldbe duplicative ofthose maintainedby the facility as a commercial storeror disposer under § 761.180(b). Importers who must keep the records required of generators, shall keep those records distinct from those thatthe importer maintains in its capacity as a commercial storer and disposer. 

### Ifthe importer,also happens to be a generator of (domestic) PCB waste, and is required
to keep annual records for those wastes, the annual log must clearly distinguish between the imported and domestic
wastes. For instance, the log must indicate in some manner, such as a code, asterisk. bolding, or separate subheadings. each item on the log (manifest numbers, PCB Articles. PCB Containers. etc.) that came from a foreign source. The totals required at § 761. 180(a)(2)(iii) must also include separate subtotals for imported wastes in those categories. The log need only distinguish imported waste from domestic waste. and need not identify the country of origin or subdivide the subtotals by specific country oforigin.

Similarly, all disposers and commercial storcrs who accept imported waste must identify imported
wastes as such in their annual logs, and provide subtotals for imported wastes in their annual logs and the annual report they rnust subrni t to EPA pursuant to the requirements at 40 CFR 7GI.1BO(b). Such denoted records and reports wi 

### 11 assist EPA in monitoring the effect of
waste imports on domestic disposal
rates and disposal capacity.

Section 761.93(b)(3)(ii) of today's rule makes tho part 7G1,subpart K requirements applicable to imported PCB wastes with certain modifications,
In li lli out the manifest, identifvi 

### ""''''');''"1>'' un both the importer gcrlcfa((lr must be information on Ihe generator. The importer must also sign the manifest in place of the generator. and obtain the signature of the first U,S. transporter. These provisions confonn
to the requirements of 40 CFR part 262, subpart F for the manifesting of imported Hazardous Waste under RCRA,

In general, the importer 

### shall be considered the generator under this rule for purposes ofcompliance with the provisions of subpart K. Since importers

are 

### required by this rule to 

### beTSCAapproved commercial storers or disposers. they are required to have already submitted a Form 7710-53 under § 761.205 and received a unique EPA identification number.

Also. EPA is requiringthat all imported PCB waste mustbe manifested, even ifthe importeris also the receiving facility indicated on the manifest. That is to say, 

### ifa commercial disposal facility is importing waste to its

own facility, even with its own trucks, it must manifest the waste; it cannot claim exemption from the manifest requirements as a "generator" who has
not relinquished control over its own waste. This provision also applies to persons in the United States importing PCB wastes generatedby theirown facilities abroad. At § 761.207(a). EPA exempted domestic generators from manifesting shipments so long as they retained control, to encourage consolidation ofwaste, and because EPA could track the waste's movement through the generators' annual records. Since neitherthe rationale nor the control mechanism applies to waste generated at foreign sites, h'PA is requiring that all PCB waste imported pursuant to § 761,93(b) be manifested. EPA recognizes that this 

### will create many instances where an importing
company will manifest waste to itself. EPA is also stipulating that imported PCB wastes always be manifested separately from domestic PCB wastes, both to insulate domestic waste generators from liability for imported wastes, and to simplify tracking of imported wastes for annual records, annual reports, and EPA compliance monitoring,

6. Analytical samples. Under § 761,93(c), EPA is adding a provision to today's rule allowing limited quantities ofPCB waste to be imported into the United States by any commercial storer. disposer;or laboratory to determine physical find chemical properties ofthe PCBs (For purposes of this rule. EPA considers such analysis as a disposal reinted activity and within the scope of ruie under section C(c)(1) of )This nctrol1 being taken 111 ordu to fllciiita\e :;tor"ge or disposnl.Federal Register 

### I Vol. 61, No. 53 

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I I and verification ofappropriate storage and disposal approval conditions and sufficient storage capacity. No prior notification or approval is required under this provision. However, laboratories, storers, and disposers importing samples should be aware that notification may nevertheless still be required for these shipments by other Federal, State, or local laws or international treaties. Analytical samples are also subject 

### to TSCA section 13 import certification (40 CFR 707.20). As with all otherPCBs of unknown concentration, samples containing unknown concentrations of PCBs must be assumed to contain, and treated as ifthey contain, PCBs at concentrations of50 ppm or greater. All unused PCB waste sample material and residuals from any testing must be stored in compliance with § 761.65(b) and disposed of in compliance with § 761.60. Quantities imported by each importing facility are being limited to annual levels of 25 liters for liquids, and 200 kilograms for non-liquid PCBs, such

as soil or sediment. Individual samples

are being limited in size to 25 milliliters for Iiqulds and 5 kilograms for nonliquids. In addition, laboratories must comply with existing conditions at § 761.65(i) for the handling of PCB samples, and in conformityto the definition ofcommercial storer, must be approved as a commercialstorerifthey
store a total ofmore than 500 gallons of PCBs at anyone time (for computation ofnon-liquid PCB volume, 500 gallons (U.S.) equals approximately 1.89 cubic meters).

By eliminating the notification provision for analytical samples, EPA is allowing U.S. laboratories, storers, and disposers to handle samples from foreign sources in the same manner that they are permitted to handle domestic samples. EPA believes that to impose a notification requirement, and the corresponding 45-day advance notice provision, would impose an unreasonable burden on U.S. laboratories, storers, and disposers which could significantly affect their ability to compete for foreign business. Because ofthe limited quantities of
waste being imported under this provision, and the controlled environment where such samples will be handled, EPA finds that allowing such limited imports will not pose an unreasonable risk ofinjury to human health or the environment.

PCBs at concentrations of less than 50
ppm may continue to be imported without regard to the quantity limits and storage and disposal requirements imposed by § 761.93(c). since these provisions only apply to PCBs at concentrations of 50 ppm or greater. The import of PCBs fordisposal at concentrations less than 50 ppm is allowed without restriction by § 761.93(a)(1)(i).

7. 

### Treatabilitystudies. A similar provision is being added at § 761.93(d)
to allow TSCA-approved disposal facilities to import, without prior notification. limited quantities ofPCB
waste for treatability studies. Such studies are typically performed to determine the suitability and effectiveness ofa disposal method on a specific sample of PCB waste. EPA is imposing limits on the annual quantity ofwaste imported (500 gallons), the maximum concentration of PCBs in samples (10,OOOppmj, and the annual quantity ofpurePCBs presentin the material (1 kilogram). These limits conform to those proposedby EPA (59 FR62788) for self-implementing Research and Developmentstudies. Larger quantities may be imported for treatability studiesunder § 761.93(b). Appropriate marking. storage. disposal. manifesting. andrecordkeeping provisions applyto PCB waste imported under § 761.93(d). Also. as with analytical samples. PCB waste shipped for treatability studies may be subjectto notificationrequirements underother laws or internationaltreaties. Treatability study wastes are also subjectto TSCA section 13 import certification (40 CFR 707.20). Treatability waste containing unknown concentrations ofPCBs must be assumed to contain. and treated as if they contain. PCBs at concentrations of 50 ppm or greater. EPAbelieves that it is appropriate to allow such treatability sample shipments to occur without priornotification, because the delays involved in notification would place • U.S. disposers at a competitive disadvantage with foreign competitors, and would unfairly penalize foreign
waste generators wishing to do business with U.S. disposers vis-a-vis domestic generators, who are only required to manifest samples.

8. 

### Otherimports andtransboundary shipments. The general exceptions to the import prohibition, proposed at § 761.20(b)(2) are being included in this final rule at § 761.93(a)(1). Section 761.93(a)(1)(i) allows for the import of PCBsand PCB Items fordisposal at concentrations of less than 50 ppm, as

was allowed priorto this rule by § 761.20(b)(2}. PCBs and PCB Items at concentrations less than 50 ppm are not regulated for disposal under 40 CFR part 761, subpart 0, and are allowed to bo imported and exported for disposal under TSCA section G(e)(l). 

### 11103

Section 761.93(a)(1)(ii) allows for tile shipment ofPCBs fordisposal from United States territories and possessions outside the customs territory ofthe United States. As explained in detail in the preamble to the proposed rule (59 FR62788 at 62816). these shipments are technically considered "imports" under TSCA. This import activity may be conducted without going through the notice process at § 761.93(b)(1). EPA does not find a notice necessary to make

a finding of no unreasonable risk, since the PCBs are already in the United States. and are. and have always been" subject to all use. distribution in

commerce. and disposal requirements of 40 CFR part 761. but must be "imported" into tho customs territory of the United States for ultimate disposal.

EPA is not finalizing the proposed § 761.20(b)(6) in today's final rule. This sectionproposed to codifyEPA's
current policy toward certain transboundary shipments ofPCBs which are not treated as import or export for purposes of 40 CFRpart 761. EPA will address this issue, along with otherissues raised by the December6, 1994. proposed rule. including export of PCBs at concentrations of50 ppm or greater. in a separate Federal Register notice at a laterdate.

EPA is adopting the proposed § 761.20(c)(3)(i). nowat § 761.97(a)(1), which allows the export ofPCBs for disposal at concentrations ofless than 50 ppm. Such exporthad up until today's rulebeenpemiitted under § 761.20(b)(2). Although EPA intends to address the general issue ofexport at a later date in the final PCB Disposal Amendments. it is necessary to finalize this one exportprovision in today's rule
to preserve the status quo on exports. Otherwise, with the elimination of the language at old § 761.20(b)(2), delaying promulgation ofthe proposed 761.20(c)(3)(i) would make the export for disposal of PCBs at concentrations less than 50 ppm illegal in the interim between the effective date ofthis rule and the effective date of the final PCB Disposal Amendments. EPA is placing the reference to the subpart F export provisions in § 761.20(c)(3},which addresses export fordisposal. EPA believes this location is more appropriate than § 761.20(b), which addresses manufacturing and importing prohibitions. EPA intends to include all subsequent export fotdisposal provisions under § 761.97.

III. Official Rulemaking Record

In accordance with' the requirements ofsection 19(a)(3) ofTSCA. EPA established the record ofthis ruJemaking with the proposed rule. This 

# IIa result, some Mexican companies arc currently shipping PCB wastes to Europe for disposal.

Other than Canada and Mexico, additional major sources of PCB wastes

are uncertain. PCB disposal industry personnel have indicated to EPA that they do not believe that large-scale PCB shipments from Japan or Europe would

occur, based on their opinion that transportation costs would be excessive and that there are likely to be more conveniently located disposal sites elsewhere (Ref. 10). For example, in Europe, PCB disposal facilities reportedly exist in Great Britain. the Netherlands, France, and Finland.



### 2. Conclusions on 

### import levels. While data on which to base a forecast

are limited. it was judged that revenues from PCB imports will not exceed $100 million peryear. The total potential import market from Canada and Mexico is estimated to be in the vicinity of 500 million pounds of waste, representing a total market of$500 million. Only if all
wastes from Canada and Mexico were imported within 5 years could U.S.

revenues increase by over $100 million
per year. As noted, however, a share of the Canadian waste will be disposed of in Canada. Further, while the rate at which importing will occur is unknown, the lack ofregulations mandating swift disposal in the exporting countries suggests that imports will occur over a longer time period than 5 y?ars

..

Given the above observations, it was judged more likelythat revenues fr?m disposal ofimported PCB wastes will fall in the range of $50 million to $100 million per year. Although revenues might increase further if additional PCB
wastes arrive from other countries, the volume of such imports is not expected to be large.



### 3. Forecasts of price changesfor disposal ofPCB wastes. EPA's analysis in support of this rule also examined the likelihood that importing of PCB wastes would increase prices for disposal services, thereby generating economic impacts for domestic PCB waste

. generators. The current level ofcapacity utilization among PCB disposal

corn panics is the main factor

. inOuencing the likelihood of pncc increases.

The Environmental Technology Council (ETC). Washington, DC., was contacted by EPA during the
prcparationofthe Economic Assessment, and reports to EPA a substantial unused capacity at domestic 

### pcn waste disposal facilities, based Oil r:TC's OWIl research Two new [,H:ilit have lWf:lIll in the Inst fltw and another is pntpdrillg lor comm"rcial operations. 

### !·:rc: "slim,dc', IV. Regulatory Impact

In general, this PCB import rule will bring U.S. regulation.s**reg:lrdinl~** PCB shipments to**th~~** United**:ta~es** 111 closer conformance With the principles of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.

The research of the economic irnpacts ofthis action focused on whether import levels will generate an economic impact of $100 million per year or more for U.S. companies. Contacts were made to: (1) PCB waste management companies. (2) the Environmental.

. Technology Council, a trade association representing waste management companies, and (3) various govdrnment organizations in the United States, Canada, and Mexico.

EPA has found that the expected regulatory impacts will be positive and consist predominantly ofincreased

revenues for U.S. PCB waste management companies. No significant negative impacts were identified for any sector ofthe U.S. economy.

1. 

### Forecasts ofimport levels. Industry personnel surveyed by an EPA
contractor during the development of the Economic Assessment for the Final PCB Import Rule indicated that the majority ofPCB waste imports will originate in Canada, with additional
wastes originating in Mexico. One
recent estimate set the quantity of Canadian**PC~s** in**us~** at 50,000 metric
tons and PCB wastes III storage (including electrical equipment and contaminated soils) at 140,000 metric
tons (Ref. 3). These figures, which total

over 400 million pounds of potential PCB waste imports, do not include light ballast wastes. Assuming that PCB waste disposal and management will generate

revenues of $1 per pound, this figure represents an overall market of over. $400 million. Canada has an operating PCB disposal facility at Swan Hills, Alberta. Canada also has some smaller, mobile disposal facilities available which can handle PCB waste. Therefore,

a share of the Canadian wastes will be disposed of in Canada even ifthe U.S. border opened 10 these wastes.

Limited data are available on Mexico's PCB waste quantities. A 1995 study by ERM-Mexico, "Polychlorinated Hiphenyls in Mexico" (Ref. 1). indicates that Mexico has 10,000 rnetnc tons of liquid PCB waste and perhaps over. 10.00(J PCB transformers and capacitors. Cornhincd , these wastes mighl approach 100 rni IlIOn pounds Chcmic;d Waste ManagclllPllt oper:cliOs cherrlical landfill in Mexico ,kd lowCtHlccntrdtiolllj(J} !l() inc!fl(' :Ir!: cjicr;ding ill tv1(;xico I\S 

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### and Regulations Federal

record includes basic information considered by the Agency in developing the proposal. and now includes information added .sinco the publication ofthe proposed rule, including
comments on the proposed rule, a transcript of the public hearing on the rule, and reply comments on the hearing. The following comments were received on the proposed PCB Exemptions Rule (Docket number 01'1''1'5-66019) and arc also included: all comments and information received from S.D. Myers, Inc.: Foley, Hoag & Eliot; and Hogan & Hartson for Chern Securities and Bovar. All ofthese materials (Docket number OPPTS66009B) are available for inspection and copying in the TSCA Nonconfidential Information Center, Monday through Friday (excluding holidays) from 12

noon to 4 p.m., in Room (;-102 (401 M St., SW., Washington, DC). However,
any information claimed as CBI that is

a part ofthe record for this rulemaking is not available for public review. A public version, of the record, from which information claimed as 

### cm has been excluded, is available for inspection.

The following Federal Register Notices are included in the docket:

1. USEPA, 44 FR 31514, May 31, 1979, "Polychlorinated Biphenyls (PCBs); Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions: Final Rule."

2. USEI' A, 45 FR 29115, May I, 1980, "Polychlorinated Biphenyls**(PCB~);** Expiration of the Open Border Pohcy for PCB Disposal: Notice."

3. USEPA, 54 FR 52176, December 21, 1989, "Polychlorinated Biphenyls; Notification and Manifesting for PCB Waste Activities: Final Rule." OPTS·
62059

4. USEPA, 55 FR 26204, June 27, 1990, "Polychlorinated Biphenyls; Notification and Manifesting for PCB Waste Activities: Correction to Final Rule." 01''1'5·62059

5 USEPA, 57 FR 20602, May 13, 1992, "Hazardous Waste Management System: Notification Concerning the Basel Convention's Potential Implications for Hazardous Waste Exports and Iruport s: Notice."

G USEPA, 59 FR G271W, December 6, 1994, "Disposal of Polychlorinated Biphenyls: Proposed Rule." OPPTSGG009A

7 lJSEP/\,**5~)** FR G2fl75, December G, 1994, "Polychlorinated Biphenyls;**~A:lllU[:l(1** II and lii st rii» tion in C:CJI11I1H'CCC: I-r,rl>\ri'"'' [leu Dl1 (lfl ion !'dillOIIS PruPI l!Il!li li'l 

### 11104

### 1:1105

these facilities represent an increase in U.S. capacity for PCB waste incineration ofnearly 50 percent in the last 3 years. E.PA'ssurvey of the disposal industry in support ofthis rule also indicates a large capacity surplus. The existing unused capacity appears sufficient such that imports could be handled without displacing domestic wastes or causing U.S. prices to increase significantly. No other notable domestic economic impacts are forecast.

4. 

### Other-economicimpacts. The final PCB import rule will have several positive economic impacts. PCB waste management companies indicated that the rule will boost their industry and
create jobs in the United States. The final PCB rule will not materially affect productivity, competition, or Federal, State, or local governments.

V. References

1. ERM-Mexico, Polychlorinated Biphenyls (PCBs) in Mexico, Report for the Commission for Environmental Cooperation (Draft), August 1995, 48pp.

2. Ross Associates, Status of PCB Management in the United States, Report for Commission for Environmental Cooperation, August 24, 1995.

3. ProcterRedfern, Status of PCB Management in Canada, Report for Commission for Environmental Cooperation (Draft Final Report), September 1995, 26pp.

4. Letterfrom Lynn 

### R. Goldman, M.D. to the Honorable David M. Mcintosh, Status ofImportfor Disposal Petitions filed by S.D. Myers, Inc., September 26, 1993,2pp.

5. USEPA, Region 4, Public Health and Environmental Exposure Assessment (Draft), Unison PCB Separation Facility Henderson County, Kentucky, August 1986.

6. USEI'A, OAQPS, Deposition of Air Pollutants to the Great Waters, First Report to Congress, May 1994.

7. USEI'A, OAQPS, Identification of Sources Contributing to the Contamination of the Great Waters by Toxic Compounds, March 17, 1993, 145pp.

8. USEI'A, OAQPS, Exposure and Effects ofAirborne Contamination for the Great Waters Program Report, December 22, 1992, 201pp.

9. USEPA, OAQPS, Relative Atmospheric Loadings ofToxic Contaminants and Nitrogen to the Great Waters, March 15, 1993, 142pp.

10. USEPA, OPPT, RIA, Niskam Agarwal, Economic Assessment for the Pinal PCB Import Rule, February 23, 19,96,17 pp. 11. USEPA. OPPT, Dr. Williiun H. Sanders, Letter to Dr. D.Sharma, USDOT. December 18, 1995, 2pp.

12. U.S. Department of Transportation, Letterfrom Dr. D.K. Sharma to William H. Sanders. USEPA, February 20, 1996, 2pp.

13. USEPA, OPPT, Response to Comments on Proposal to Import PCBs for Disposal (Docket 66009B). March 1, 1996.

VI. Regulatory Assessment Requirements

A. 

### Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October4,1993), it has been determined that this regulatory action. is
not "significant" and therefore not subjectto review by the Office of Management and Budget (OMB).

B. 

### RegulatoryFlexibilityAct

As requiredby the Regulatory Flexibility Act (5 U.S.c. 601 et

### seq.), the Agency has consideredwhetherthis regulatory action willhave an adverse economic impact on smallentities. An analysis of the potential impacton small entities is present intheregulatory flexibility analysis. which is included as part ofthe Economic Assessment that

was prepared for this rulemaking. Based

on that analysis. EPA has determined thatthis regulatory action does not impose any adverse economic impacts

on small entities. Information relating to this determination hasbeen included in the docket forthis rulemaking.

C. 

### Paperwork ReductionAct

The Office ofManagement and Budget (OMB) has approved the information collection requirements contained in this rule under the provisions ofthe Paperwork Reduction Act, 44 U.S.C.
3501 

### et seq and has assigned OMB control number 2070-0149 (EPA ICR No. 1770.01).

Receipt by the U.S. ofinternationallygenerated PCB wastes under this rule will increase the volume of PCBs that is distributed in commerce, stored, and disposed of by the U.S. disposal industry. Advance knowledge ofthose activities through the PCB waste import notice will allow EPA to act on these requests in a manner that will ensure the national storage capacity for PCB waste is not exceeded and that facilities receiving such wastes are capable of handling this material (e.g., the facility has an EPA approval, adequate storage capacity. and accepts liability for the waste). Prior notice will also give EPA the opportunity to ensure that such imports are in compliance with international law and obligations of the United States. . Data thatare submitted to the Agency will be used-by EPA to ensure an unreasonable risk ofinjury to health and the environment will not ensue from the respondents' PCB activities. The data will also be made available to EPA regional inspectors, or theiragents, to supplement theircompliance efforts in implementing the requirements/ conditions of the PCBregulations, The priornotice ofimport requirements in this rule will allow the Agency to address the special liability concerns inherent in the transboundary shipment of PCB waste.

The public reporting and recordkeeping burden forthis collection ofinformation is estimated to average 134 hours per respondent annually, at

an annual cost of $5,468. EPA estimates that 10 respondents will each file 12 notices annually, at an average burden of11 hours, $470, perresponse. Burden

means the total time, effort. orfinancial resouret¥s expended by persons to generate. maintain, retain, or disclose or provideinformationto or for a Federal
agency. This includes the time needed
to review instructions, develop, acquire, install, and utilize technology and systems for the purposes ofcollecting, validating, and verifying information, processing and maintaining information, and disclosing and providinginformation; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able
to respond to a collectionof information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information:

An Agency may not conduct or sponsor, and a person is not required to respond to a collection ofinformation unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFRpart 9 and 48 CFRchapter 15. EPA is also amending the table of currently approved information collection request OCR) control numbers issued by OMB forvarious regulations, which appears at 40 CPRpart 9. This amendment updates the table to accurately display OMB approval of the information requirements contained in this final rule. This display of the OMB control number and its subsequent codification in the Code ofFederal Regulations satisfies the requirements of the Paperwork Reduction Act (44 U.S.c.
3501 

### et seq.) and OMB's implementing regulations at 5 CF8, 1320.

The ICR was previously subject to public notice and comment prior to OMI3 approval. As a result, EPA finds that there is "good cause" under section

### 11106 

### Federal I Vol. 61 No. 53 

### I March 18, 1996 I Rules and

Dated: March 8,1996.
Carol M. Browner,

Administrator.

Therefore, 40 CFR chapter I is amended as follows:

PART 9 [AMENDED]

1. In part 9:

a. The authority citation for part 9 continues to read as follows:

A,uthority: 7 U.S.c. 135 et seq.. 136-136y; 15 U.S.c. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.c. 331j, 346a, 348; 31 U.S.C. 9701; 33 

### u.s.c, 1251 et seq., 1311. 1313d, 1314, 1321, 1326,1330,1344, 1345(d) and (e). 1361; E.G. 11735,38 FRZ1243, 3 CFR, 1971-1975 Comp.

p 973; 42 tJ.S.c. 241, 242b, 243, 246, 300[, 3OOg. 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-l, 3OOj-2, 3OOj-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q. 7542, 9601-9657,11023,11048.

b. Section 9.1 is amended by adding the new entries to the table to read as follows:

§ 9.1 OMB approvals underthe Paperwork Reduction Act 553(b)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(B)) to amend this table without priornotice and comment. Due to the technical
nature ofthe table, further notice and
comment would be unnecessary.

D. Envirotuncntol lustice

According to Executive Order 12890 (59 FR 7629, February 16,1994), each Federal Agency is required to "analyze the environmental effects, including human health, economic and social effects, ofFederal actions, including effects on minority communities and low-income communities

...." Accordingly, EPA examined the impact ofthe PCB import rule on the distribution of PCB management activities relative to the socioeconomic characteristics ofthe surrounding communities.

EPA finds that the PCB import rule does not directly affect the citing ofPCB management facilities; imported PCBs will be managed at existing TSCAapproved facilities. Based on the PCB import rule's lack ofinfluence on siting ofnew facilities, EPA concludes that the PCB import rule does not create environmental injustice.

E. Unfunded Mandates lloform Act and Executive Order12875

Pursuant to Title II ofthe Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), EPA has determined that this regulatory action does not contain any "unfunded mandates," as described by the Act, for State, local, or tribal governments, orthe private sector. In addition, EPA has determined that this action does not result in the expenditure of$100 million or more by any State, local, or tribal governments, or by
anyone in the private sector. The costs associated with this action are described in the Executive Order 12866 section above.

Lists ofSubjects in 40 CFR Part 9

Environmental protection, Reporting and recordkeeping requirements.

Lists ofSubjects in 40 CFR Part 761

Environmental protection, Hazardous substances, Labeling, Polychlorinated biphenyls, Reporting and rccordkeeping requirements. * *

40 CFR citation

Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and

Use Prohibitions

761.93{a)(1 )(iii)

. 761.93{b)

.. OMS control No.

2070-D149 207O-D149

PART 761 [AMENDED]

Z. In part 761:

a. The authority citation for part 761 continues to read as follows:

Authority: 15 u.s.c. 2605, 2607, 2611, 2614 and 261G.

b. In § 7613 by adding alphabetically definitions for "Basel Convention," "Importer," and "Treatability study" to read as follows:

Basel Convention means the Basel
Convontion on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal as entered into force on May 5, 199Z.

1< • ",. * 11 Importer means any person defined as

an "importer" at § 7203(l) of this chaptel' who imports !'CBs or PCB Items and IS under the ict iou of the United Stilll:S Treatability Study means a study in which PCB waste is subjected to a treatment process to determine:

(1) Whether the waste is amenable to the treatment process;

(2) What pretreatment (if any) is required;

(3) The optimal process conditions needed to achieve the desired treatment;

(4) The efficiency of a treatment process for the specific type ofwaste [i.e., soil, sludge, liquid, etc); or,

(5) The characteristics and volumes of residuals from particular treatment process. A "treatability study" is not a mechanism to commercially treat or dispose of PC:I3 waste. Treatment is a form of disposal under this part.

In § '7(i1 20 by revisinp the first twu ';enlences of tlu: I tex},

llilr;)('rilllllS (ill ;uHi (c)(:1) to 1'(,,\\1 § 761.20 Prohibitions. Except as authorized in § 761.30, the activities listed in paragraphs (a) and (d) of this section arc prohibited pursuant to section 6(e)(Z) of TSCA. The requirements set forth in paragraph (c] of this section and subpart F ofthis part concerning export and import of PCBs and PCB Items for disposal are established pursuant to section 6(e)(1) of TSCA.' • •

(b) No person may manufacture PCBs
for use within the United States or manufacture PCBs for export from the United States without an exemption, except that: an exemption is not required for PCBs manufactured in an excluded manufacturing process as defined In § 7fl13. provided all

ppliciibk conditions of § 7fl1 l(f) are
111"1.

( )

### Federal Register 

### I Vol. 61, No. 53 

### I Monday, March 18, 1996 

### I Rules and Regulations 11107



## • •

Applicability. Import for Disposal. Export for Disposal. (3) PCBs and PCB Items may be exported for disposal in accordance with the requirements of subpart F of this part. • • • • •

d. In § 761.60 by revising paragraph (h) to read as follows:

. § 761.60 Disposal requirements.

(h) Requirements for export and import ofPCBs and PCB Items for disposal are found in Subpart F of this 

### part,

"'" 'It 'It 'It e. By adding a new Subpart F to read

as follows: Subpart F-Transboudary Shipments of PCBs for Disposal

Soc. 761.91 761.93 761.97
SUbpart F-Transboundary Shipments 

### of PCBs for Disposal

§ 761.91 Applicability.

This subpart establishes requirements under section 6 ofTSCA applicable to the transboundary shipments of PCBs and PCB Items into and out ofthe United States for disposal. Nothing in this subpartis intended to obviate or otherwise alter obligations applicable to imported or exported PCBs and PCB Items under foreign laws, international agreements orliITangements, other United States statutes and regulations, other sections ofTSCA (e.g., sections 13 and 14), orlaws ofthe various States of the United States. No provision of this section shall be construed to affect or limit the applicability ofany requirement applicable to transporters of PCB waste under regulations issued by the U.S. Department of Transportation (DOT) and set forth at 49 CFR parts 171-180.

§ 761.93 Import fordisposal.

(a) 

### Generalprovisions. (1) No person may import PCBs or PCB Items for disposal without an exemption. except that:

(i) PCBs and PCB Items at concentrations less than 50 ppm may be imported for disposal.

[ii) PCBs and PCB Items at concentrations of50 ppm or greater may be imported from United States territories or possessions outside the
customs territory ofthe United States into the customs territory of the United States for disposal.

(iii) PCBs and PCB Items at concentrations of 50 ppm or greater. other than those described in paragraph (a)(1)(ii). may be imported for disposal pursuant to paragraph (b) of this section. [iv] PCBs and PCB Items at concentrations of50 ppm or greatermay be imported foranalysis and disposal pursuant to paragraph (c) ofthis section.

(v) PCBs and PCB Items at concentrations of 50 ppm or greater may be imported forevaluation ofdisposal technologies for PCB waste pursuant to paragraph (d) ofthis section.

(2) For purposes of paragraph (a)(1) of this section, PCBs and PCB Items of unknown concentrations shall 

### be treated as if they contain 50 ppm or greater.

(3) All imports of PCBs and PCB Items
at any concentration underparagraph (a)(1) ofthis section must be in compliance with all international agreements or arrangements that the United States has entered into applicable to PCB waste imports. The United States retains the authority to disallow any PCB waste import not in compliance withthese agreements or arrangements, or otherinternational obligations ofthe United States.

(b)

### PCBs and PCBItems. PCBs and PCB Items at concentrations of50 ppm

or greatermay 

### beimported for disposal under paragraph (a)(l)(iii) ofthis section only by a person who is an approved commercial storer or disposerunder subpart 0 ofthis part, and only 

### ifa PCB
waste import notice is submitted to EPA pursuant to this I?aragraph.

(1)

### PCB waste importnotice. (i) PCB
waste importnotices under this paragraph must 

### besubmitted to EPA in writing. The complete PCB waste import notice mustbe received by EPA at the mailing address or delivery address set forth in this paragraph at least 45 days priorto the date on which the initial shipment enters the United States. Each notice shall be clearly marked "PCB Waste Import Notice" and shall 

### be sent by certified mail to: Attn: PCB Waste Import Notice. Office ofEnforcement and Compliance Assurance. Office of Compliance (2222A). U.S. Environmental Protection Agency. 401 M 

### si.. SW.. Washington, DC 20460. Alternately, notices may be delivered by courierto the same office at the Ariel Rios Building. room 5124. 1200 Pennsylvania Ave.• NW., Washington. DC 20004.

(ii) Each PCB waste import notice may

cover an individual shipment or a series ofshipments extending over a period up to 12 months beginning with the date on which the initial shipment enters the United States. A new notice must be received by EPAevery 12 months if import for disposal will continue. A

new notice must also be received by EPA at any time that import will deviate from the terms described in the prior
notir:«. at least 45 days before the activity constituting the deviation begins. Such notices should indicate that the notice is a revision, and indicate what information has changed.

(iii) Each PCB waste import notice shall contain the following information:

(A) Company name. name of a contact person. address. telephone number. facsimile (FAX) number, and EPA identification number ofthe importer of PCB waste.

(B) Company name. name ofcontact person. address (including country), telephone number. and facsimile (FAX) numberofthe foreign generator, countries oftransit (Ifany), port ofentry in the United States. find method of transportation.

(C) Types of PCBs arid PCB Items to be imported (e.g.•transformers. capacitors. oil, soil). PCB concentrations ofeach type of PCB or PCB Items, numberand frequency ofshipments, maximum shipment size, and maximum total quantity to be imported during the designated import period.

(DJProjected dates of shipments, and period oftime intended for import activities addressed by the notice (not to exceed 12 months).

(E) Name, contact name, address, telephone number, facsimile (FAX) number, and J<;PA Identification Number ofeach TSCA-approved commercial storage and disposal facility where the PCB waste will be stored and disposed 

### of.(F) Written certification from each TSCA-approved commercial storage or disposal facility identified in paragraph (b)(l)(iii)(E) ofthis section, including the importer. indicating that each facility has agreed to accept the shipments of PCBs or PCB Items; has approval to store or dispose of PCB
waste under subpart D ofthis part; has sufficient storage capacity available for imported PCB waste; and until March 18, 1999. will not exceed the 70% capacity limit imposed on imported PCB waste under paragraph (b)(2)(i) of this paragraph.

(G)Written certification from the importer. stating: "I certify that I am a TSCA-approved commercial storer (disposer) of PCB waste. and that I accept complete financial liability for the transportation. storage. and disposal of all PCBs and PCB Items imported into the United States under this notice."

(H) Written certification pursuant to § 761.185(e). signed by the importer identified in paragraph (b)(1)(iii)(A) of this section, indicating that the information in the notice is complete and accurate.

(iv) Some of the information required
to be submitted in a 

### pen waste import notice may also**l)(~** rcqu ired to besubmitted to EPA pursuant to certain international agreements. With the exception of information required by paragraphs (b)(l)(iii)(F). (G). and (H) of this section, importers may elect to include information in the PCB waste import notice using the same form submitted under the international agreement provided the form contains the information required by paragraphs (b)(l)(iii)(A)-(E) of this section. Under all circumstances. the specific certifications required by paragraphs (b)(1)(iii)(F). (G), and (II) of this section
must be included in each PCB waste import notice.

(v) Notwithstanding the submission of a PCB waste import notice pursuant to this subpart, EPA' reserves the right to refuse entry into the United States of individual shipments of PCBs or PCB Items that do not comply with applicable Federal laws and regulations. EPA also reserves the right to bring an enforcement action against an importer whose past import of PCBs orPGB Items does not comply with applicable Federal laws or regulations.

(vi) Submission of a PCB waste import notice under paragraph (b)(1)(i) ofthis section does not replace or satisfy other import notice or consent requirements ofapplicable international agreements

or arrangements, ofthe Resource Conservation and Recovery Act (RCRA), of other Federal statutes, or ofTSCA section 13 (see 40 CFR 707.20).

(vii) Confidential business information. (A) EPA believes that the information requested in PCB waste import notices generally will not be entitled to be treated as confidential business information (CBl) pursuant to section 14 ofTSCA. However, a person submitting a PCB waste import notice
may claim as CBI information the
person believes to be entitled to confidential treatment under TSCA section 14 and part 2 ofthis chapter. 

### If

110 claim is made at the time the notice is submitted, the information in the notice shall be available to the public without further notice to the submitter. If

### cm claims are made, such claims shall be rnade by marking the specific information in the notice that is claimed CIlL In addition each claim should be accompanied, at the time the claim is made, by a written justification substantiating each item ofthe claim pursuant to 40 CFI{ 2.204(e). In accordance with the procedures set forth in TSCA and part 2 of this chapter, EPA will routinely request such substantiation from the importer if it does not accornpan y the claim of

con fidentia lit

## >'.

(Il) /\ny r.lairn of confidentiality shall
nccornpany thc PC:U waste import nour:o 

### March 18, 1996 / Rules and Regulations 

### 11108 Federal 

### / Vol. 61 

### No. 53 /

at the time it is submitted 10 EPA. The importer shall submit two copies of each PCB waste import notice if a claim ofconfidentiality is made.

(1) One copy ofthe notice shall contain all informatlon required in paragraph (b)(l)(iii) ofthis section. In this copy ofthe notice, the submitter
must clearly highlight or mark the specific items claimed as confidential

on each page, and identify each item with the label "TSCA Confidential Business 

### Information." This notice shall be double wrapped, and the inside envelope marked "PCB Waste Import Notice--CBl Claimed." The outside envelope shall be addressed to: TSCA Document Processing CCnter(7407), Office ofPollution Prevention and 

### Toxics, U.S. Environmental Protection Agency, 401 M 

## si.. SW., Washington, DC 20460. Substantiation ofCBl claims shouldbe sealed inside the inner envelope and submitted with this cory'

(2) The othercopy shall contain 

### al information required in paragraph (b)(l)(iii) ofthis section, except that all information claimed as confidential in the first copy must be deleted. This
copy must be sent to the address indicated in (b)(1)(i) ofthis section.

(3) Ifthe importerclaims any information in the PCB waste import notice as CBl, the PCB waste import notice is not considered complete for
purposes ofthis paragraph until both copies and the written substantiation

are received by EPA.



### (2) Storage and disposal. Imports of PCBs and PCB Items under paragraph (a)(l)(iii) ofthis section are subject to the following conditions, in addition to all other applicable provisions ofthis part.

(i) No facility that stores or disposes ofimported PCB waste shall store at any time a combined quantity ofimported PCB waste from all sources in excess of 70% ofthe facility's approved maximum PCB storage capacity. pursuant to § 76L65(d)(4)(iii). This limit

on the acceptance ofimported PCB
waste shall expire on March 111, 1999.

[ii] All PCBs and PCB Items imported for disposal under paragraph (a)(l)(iii) ofthis section are PCB wastes subject to 40 CFR part 761, subpart 0 and:

(A) Shall be stored and disposed of in facilities which have approval under subpart 0 of this part to store or dispose of the type of PCB waste being imported.

(B) Shall be marked in accordance with subpart C of this part, and packaged and stored in accordance with subpart D of this part.



### (el For purposes ofcomphance with the 1 storage for limit under 7GLG5(n). tho date of rc mo va l from service for disposal for imported PCB waste shall be whichever of the following dates occurs first:

(1)The date the PCB waste enters the contiguous 48 States.

(2) The date the PCB waste enters any State, ifthe PCB waste will be disposed ofin that State.

(3).The date the PCB waste enters a State outside the contiguous 48 States, if the PCB waste is stored in that State for a period ofmore than 10 consecutive days.



### (3)Hecordkeeping andmanifesting. (i) Importers, storers, and disposers of imported PCBs and PCB Items under paragraph (a)(l)(iii) ofthis section shall
meet the requirements ofsubpart

## Jof this part, with the following modifications:

(A) An importerwho is not the initial commercial storer or disposer ofthe imported PCB waste is considered to be the generator for purposes of maintaining annual records under § 761.180(a); the annual document log maintained under § 761.180(a)(2) must clearly distinguish between imported and domestically generated waste.

(D) Disposers and commercial storers ofPCB waste must clearly distinguish between imported and domestically generated waste in the annual document log maintained under § 761.180(b)(2), and in the annual report submitted to EPA under § 761.180(b)(3).

[ii] Importers, storers, and disposers of PCBs and PCBItems under paragraph (a)(l)(iii) of this section shall meet the requirements ofsubpart K ofthis part, with the following modifications:

(A)Imported PCB waste shall be manifested, even in cases where the importer does not relinquish control of the shipment.

(B) Imported PCB waste shall be manifested separately from domestic PCB waste.

(C) In place of the generator's name, address and EPA identification number on the manifest. the name and address of the foreign generator and the importer's name, address and EPA identification number shall be used.

(0) In place of tho generator's signature on the manifest certification statement, the importer shall sign and date the certification and obtain the signature of the initial transporter.

(E) The importer shall comply with all other requirements of subpart K ofthis part which apply to the generator.

(F) The date ofremoval from service for disposal shall be determined according to (1))(2)(ii)((:) of this section.

(cl PCB FeUs and FC:llltems at conccntmtiol)s of ppm

or gr(:Hlor rnay In) into th«

### Federal Register 

### I Vol. 61, No. 53 

### I Monday, March ,18. 1996 

### I Rules' and Regulations 

### 11109

United States by a laboratory. commercial storeror disposerof PCB
waste underparagraph (a)(l)(iv) of this section, without priornotification, for purposes ofchemical analysis to determine the physical and chemical properties of the PCBs and PCB Items. provided:

(1) 

### Quantities of PCBs and PCB Items imported by an individual facility shall
not exceed 200 

### kilogrliIllS annually for non-liquids, and 25 

### liters annually for liquids; individual samples cannot exceed 5 

### kilograms for non-liquids or 25 

### milliliters for liquids.

(2) 

### Unused and residual PCB waste remaining afteranalytical use is completed shall be marked, stored, manifested. and disposed ofin accordance with subparts C, D, 

### and K 

### of this part.

(3) 

### PCB waste is handled by laboratories in compliance with § 761.65(i). (4) 

### A TSCA PCB commercial storage approval is required for each laboratory, unless a total volume of no more than
500 

### gallons (1.89 

### cubic meters) of PCB waste is in storage at anyone time.

(d) Treatability studies. 

### PCBsand PCB !lems at concentrations of 50 

### ppm or greater may be imported into the United States under paragraph (a)(l)(v) ofthis section, without priornotification. for purposes ofevaluating the effectiveness of a disposal technology. prOVided:

(1) 

### The importerreceiving 

### the PCB waste is an approved disposerof PCB
waste under 40 

### CFR

### part 761, 

### subpart D.

(2) 

### The quantity of PCB waste imported annually to a disposal facility does not exceed a total volume of500 

### gallons.

(3) 

### The imported PCB waste does not exceed aconcentration of 10,000 

### ppm PCBs, and no more than 1 

### kilogram total of,

### pure PCBs is imported annually.

(4) PCB waste imported underthis paragraph must bemarked, stored. and manifested in accordance with subparts C 

### and K 

### ofthis part. and must comply with paragraphs (b)(2)(ii) 

### and (b)(3) 

### of this section.

(5) 

### PCB wasteimported undor this paragraph. including residues from any treatability study. must be disposed of in accordance with the terms and conditions of the TSCA'disposal approval for,the facility performing the treatability study.

§ 761.97 Export for 

### disposal.

(a)General provisions. No person may exportPCBs or PCB Items fordisposal without

### an exemption. except that:

(1) 

### PCBs and PCB Items at concentrations less than 50 

### ppm may be exported for disposal.

(2) 

### (Reserved) (b) 

### (Reserved)

[FR Doc. 96-6448 Filed 3-15-96; 8:45 

### am]

BllUNQ COOE S56O-6O-F