HeinOnline -- 43 Fed. Reg. 24801 1978

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WEDNESDAY, JUNE 7, 1978

PART III

ENVIRONMENTAL

PROTECTION

AGENCY

•

POLYCHLORINATED

BIPHENYLS

(PCBs)

Manufacturing, Processing,

Distri bution in Commerce,

and Use Bans
HeinOnline -- 43 Fed. Reg. 24802 1978

finds that it will not present an unrea- sonable risk of injury to health or the

environment (sec. 6(e)(2)(B». If he

makes such a finding, the Administrator may authorize the activity to con- tinue until January 1, 1979, for manu- facturing, or until July I, 1979, for

processing and distribution in com- merce. A nontotally enclosed use may

be authorized for whatever period the

Administrator finds appropriate• Section 6(e)(3) of TSCA bans any

manufacture of PCB's after January 1,

1979, and any processing and distribution in commerce of PCB's after JUly

1, 1979, even if authorizations for

these activities had been previously

promulgated. However, the ban on distribution in commerce does not apply

to PCB's sold before July 1, 1979, for

purposes other than resale. Upon petition, the Administrator may grant ex- emptions which would allow specific

activities otherwise banned by section

6(e)(3) to continue if he finds, in each

case, that there will not be an unrea- sonable risk associated with continuing the activity and that good faith efforts have been made to develop a substitute for PCB which itself does not

present an unreasonable risk. Theso

exemptions an be granted for only one year at a time and may be conditioned

by requirements the Administrator

finds necessary,

The term "authorization" is used

throughout this rulemaking whenever

reference is made to exceptions to the

"totally enclosed manner" requirements (section 6(e)(2», while the term

"exemption" is used only in referenco

to exceptions to the 1979 bans (section

6(e)(3». These are the terms used in

TSCA, and their use here reflects tho

statutory differences between these

two types of exceptions.

Section 3(7) of TSCA defines "manufacture" to include importation. ThUS,

nontotallY enclosed importation is

banned after the effective date of this

regulation, unless authorized by EPA,

and any importation is banned nIter

January I, 1979, unless EPA grants an exemption.

Section 12(a)(1) of TSCA states that

if a substance, mixture, or article is

manufactured, processed, or distributed in commerce for export, and is so labeled, it is not subject to other sec- tions of TSCA unless the Administra- . tor finds that it "w111 present an un- reasonable risk of injury to health

within the United States or to the en- vironment of the United States." In

other words, in the absence of such a finding by the Administrator under

section 12(a)(2), PCB's could be manu- factured, processed, or distributed in commerce for export. However, a finding of unreasonable risk has been

made by the Administrator so that the

manufacture, processing, and distribUtion in commerce of PCB's for export

will be prohibited (see Section VII of

this Preamble).

PROPOSED RULES

ing holidays. Hearing transcripts and

other hearing materials will be added

to the record as they become available.

Compensation for participation. For

persons meeting certain requirements,

compensation for participation in

these proceedings is available. EPA's

temporary rule regarding compensation can be found in 42 FR 60911, November 30, 1977. Copies of this rule are available from the Industry Assist- ance Office, Office of Toxic Substances (T8-793), Environmental Protection Agency, Washington, D.C.

20460. Copies may also be requested

by calling EPA's toll free number, 800-

424-9065 (in Washington, D.C., 554-

1404). Persons who have questions

about this program (other' than re- quests for copies of the rule) may call or write William F. Pedersen,' Jr.,

Office of Generald Counsel (A-130),

Environmental Protection Agency,

Washington, D.C. 20460, 202-426-0508.

A Support Document/Voluntary

Draft Environmental Impact Statement contains background information on PCB's, information on the

risks which PCB's present to health

and the environment, analyses of the

economic'impact of the rule, support

for the regulatory actions proposed,

discussion of the alternatives considered, and the list of documents con- tained in the official record of rulemaking. This Support Document can be obtained from the Indutry Assist- ance Office, Office of Toxic Substances (T8-793), Environmental Prdtection Agency, 401 M Street SW.,

Washington, D.C. 20460, 800-424-9065

(in Washington, D.C., 554-1404).

EPA held meetings July 15, 1977, in

Washington, D.C., and July 19, 1977,'

in Chicago. The public was invited to . provide information and comment relevant to this rulemaking. A notice of

these meetings, including a discussion

of some issues 'for consideration, was published in the FEDERAL REGISTER on June 27,1977 (42 FR 32555).

Manufacturing, Processing, Distribution in

•Commerce, and Use Bans

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; notice of informal hearing. -

SUMMARY: This proposed rule is designed to implement provisions of the

Toxic Substances Control Act (TSCA)

prohibiting the manufacture, processing, distribution in commerce, and use of polychlorinated biphenyls (PCB's),

and to provide several limited exceptions to these general prohibitions for

activities which will not present an un- reasonable risk of injury to health or the environment.

DATES: Written comments preferably

in triplicate must be received prior to

the close of business August 7, 1978.

Hearing date and time: August 21,

1978 at 10 a.m. Requests to participate

in the hearing must be received prior

to close of business on July 31, 1978.

For persons meeting certain requirements, compensation for participation

in these 'proceedings is available. See

Supplementary Information below.

ADDRESSES: Send comments to:

Office of Toxic Substances (TS-794),

Environmental Protection Agency, 401

M Street SW., Washington, D.C.

20460, Attention: Joni T. Repasch.

Hearing will be held at EPA Headquarters, Room 2117 (address above).

Address requests to participate to Joni

T. Repasch (address above).

FOR FURTHER INFORMATION

CONTACT:

Peter P. Principe, Office of "Toxic I. SUMlIIARY OF APPLICABLE PROVISIONS

SUbstances,(TS-794), Environmental OF TSCA '

Protection Agency,.. 401 M Street Section 6(e)(2) of TSCA bans the

SW., Washington, D.C: 20460, 202- manufacture, processing, distribution.

755-0920. . in commerce, and use of PCB's in any

SUPPLEMENTARY INFORMATION: manner which is not a "totally en- The Environmental Protection Agency closed manner" after January 1, 1978.

proposes this rule pursuant to the au- The term "totally enclosed manner" is

thority of § 6(e) of the Toxic Sub- defined in section 6(e)(2)(C) 'as "any

:;;tances Control Act (Pub. L. 94-469; 90 manner which will ensure that any ex- Stat. 2003; 15 U.S.C. 2601 et seq., h~re- posure of human beings or the enviinafter referred to as TSCA). The pro- ronment to a polychlorinated biphenyl

cedures for rulemaking under § 6 of will be insignificant as determined by

TSCA (40 CFR Part 750), 42 FR 61269 the Administrator by rule." The Ad-

(December 2, 1977), will be followed. ministrator therefore must decide

The official record of rulemaking is 10- what constitutes an insigriificant expocated in Room 520, East Tower, Envi- sure to PCB's so that he can distinronmental Protection Agency, 401 M' guish between totally enclosed and

Street SW., Washington, D.C. 20460, ' nontotally enclosed activities. The Ad202-755-1188. It will be available for ministrator may authorize nontotally

viewing and COpying from 9 a.m. to 4 enclosed manufacturing, processing,

p.m., Monday through Friday, exclud- distribution in commerce or use if he

24802

[6560-01]

ENVIRONMENTAL PROTECTION

AGENCY

[FRL'886-6]

[40 CFR Part 761]

POLYCHLORINATED BIPHENYLS (PCB's)

FEDERAL REGISTER, VOL. 43, NO. 11O-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24803 1978

n. RELATION OF THE PRoPOSED BAN

RULE ~o THE DISPOSAL AND MAmaNG .

RULE

This proposed rule is the second

issued under section 6(e) of TSCA.

Section 6(e)(!) requires EPA to pro- -mulgate rules governing the disposal

and arking of PCB's. This rule was

published on February 17,1978 (43 FR

7150), as Part 761 of Title 40 of the

Code of Federal Regulations. This proposed ban .rule would implement section 6(e)(2) and secti6n 6(e)(3) of

TSCA. When promulgated, this rule

will be added to Part 761. An effort

has been made to avoid needless repetition of provisions of the Disposal and Marking .rule. Definitions used in

this proposal that have already been

promulgated are not repeated here.

Where a change in the Disposal and

Marking rule is proposed, the entire

paragraph affected by this change appears here. The changes to the Dispos·

al and Marking requirements reflect

the proposed change to the definition

of "PCB Mixture" which, if adopted,

would extend these requirements to

certain materials not currently covered. A notice containing corrections

and clarifications of the final PCB

Disposal and Marking rule will be pub·

lished in the FEDERAL REGISTER shortly.

IlL SUMMARY OF THE RULE

This section provides an overview of

the a.rra.ngement and contents of the

rule. Individual parts of the rule are

-discussed in more detail in section IV

of this Preamble.

§ 761.1-AppZicabiZity. This section

reflects the proposed addition of the

section 6 (e)(2) and (e)(3) prohibitions

to Part 761. The only substantial

change proposed in this section from

the present regulation is the exclusion

of the manufacture, processing, distribution in commerce, and use of small

quantities of PCBs for research and

development from the requirements

and prohibitions contained in § 761.30.

§ 761.2-Dejinitions. The existing

definitions of "PCB(s)" and "PCB

Mixture" have been modified. EPA

proposes to decrease the lower limit of.

the definition of a "PCB Mixture"

from 500 ppm to 50 ppm PCB and to

add,the term "PCB Sealant, Coating,

or Dust Control Agent" (which is a

newly defined term) to the existing

definition of "PCB(s)". Nine new defi·

nitions have been added. • § 761.10-Disposal requirements. In

response to the proposed change in

the definition of PCB misture, a

method is proposed for the disposal of

transformers .that contain dielectric

flUid with less than 500 ppm but greater than or equal to, 50 ppm PCB.

§ 761.20-Marking requirements.

PCB transformers in which the dielec·

tric fluid contains less than 500 ppm

are not required to be marked.

PROPOSED RULES

§ 761.30-Prohibitions. This section ~estates the manufacturing, processing, distribution in commerce, and use

bans contained in § BCe) as described

above. It also includes the Adminlstrator's findings that: (1) the manufac·

ture, processing, and distribution In

commerce for export of PCB's pose an unr~asonablerisk; and (2) that the distribution in commerce and use of certain transformers and capacitors is totally enclosed.

§ 761.31-Authorizations. The following authorizations for continuation of

nontotally enclosed activities are pro- posed: servicing of transformers, processing and distribution In commerce

of PCB dielectric fluid for transformer

servicing, use of rallroad transformers,

use of mining machinery, processing

and distribution in commerce of PCB

fluid for rebuilding continuous miner

motors, use of hydraulic die casting

systems and use of PCB carbonless

copy paper (See Figure 1.). The term

"Transformer" refers to transformers

not used on rallroad locomotives and

self-propelled cars. transformers used

on locomotives and self-propelled cars

are referred to as "Railroad Transformers." The use authorizations expired five years after the effective

date of the rule. The need for some

authorizations will have ended by that

time and others may require modification to reflect new circumstances. At

that time, EPA will reevaluate the

need for the authorizations.

FIGURE 1

•SUJoDlARY OF PROPOSED A11TIIOlUZATlONS

Authorization and Expiratfon Date

a. Trnnsformers·Use (Servicing),' 5 years

after the effective date of the rule.

b. Transformer DIelectric Fluld·ProcessIng and Distribution in Commerce,'July I, 19'19;

yearly exemption required thereafter. c. RaIlroad Trnnsformer·Use,' 5 YC3lS

after the e!!ectl\'e date of the rule.

d. MIning Equipment-Use,' December 31,

1981, for both continuous mIners and load· ers except that 12 months after the e!!ectIve date of the-rule there can be no rebuild·

ing of mIner motors. , e. Mln1ng EquJpment-Processlng and DistrIbution In Commerce,' JuJy 1, 19'19; Ycm'ly

exemption required thereafter.

f. Hydraullc Die Casting System·Use, 5

years after the e!!ectlve date of the rule.

g. Carbonlcss Copy Paper·Use, 5 years

after the e!!ectl\'e date of the rule.

Since intact, nonleaklng transform·

ers and capacitors are considered totally enclosed, authorizations are not

needed for the distribution In commerce and use (except servicing) of

intact, nonleaklng transformers

(except those used on rallroad locomotives and self-propelled cars) and

intact, nonleaklng capacitors.

'These authorizations permit non·totallY

enclosed servicing. However, companies who

service articles owned by others must meet

the exemption requirements explained in

section IV-F of this Preamble.

24803

AN1'iEXVll

§ '1tll.46-Contingency Plans for PCB

Exposures and Spills. This section proposes requirements for the content,

avallablllty,' and use of a. contingency

plan for the prevention and control of

PCB exPosures and spills. Plans would

be required for those activities which

are granted authorizations.

. IV. DISCUSSION OF nn: PROpoSED R'tlI.E

A. Al'I'LICABILITY

The proposed rule would-apply to

any person who manufactures, processes, distributes in commerce, or uses

PCB's. The term "PCB(s)" includes

the chemical substances themselves;

any mixture containing 50 ppm or

more of a PCB chemical substance; articles whose interior surfaces are in

contact with PCB substances or PCB

mixtures necessary to the function of

the article (e.g., small capacitors); and

any container which holds PCB

chemical substances, mixtures or articles and whose interior surfaces are in

contact with PCB chemical substances

or mixtures not necessary to the function of the article or container (e.g.,

pipes and drums). This rule would not

apply to ''PCB Article Containers".

Most PCB's currently In setvice are

used in -electrical transformers and ca- pacitors. Therefore, this rule would

apply to persons who manufacture.

sell, transport, use, service, or repair

electrical transformers and capacitors.

Electric utllltles and other businesses

which own or operate large electrical

transformers or capacitors (e.g., in

buildings and In rallroad equipment)

would be subject to the rule. Persons

who manufacture or distribute equipment containing PCB capacitors such

as televlslons, "lllicrowave ovens, lighting equipment, and air conditioners

also would be subject to the rule. AccordinglY, new PCB equipment cannot

be sold after July I, 1979, unless an exemption is granted by EPA after receiving a petition (see section IV-F of

this Preamble). Once equipment containing totally-enclosed PCB's has

been sold to the ultimate consumerfor

personal use, there can be subsequent

sale of the equipment as a used item

to anyone by anyone. EPA invites

comment on this matter. Manufacturers, owners, operators, and servicers of

hydraulic and heat transfer systems

containing PCB's (e.g.• die casting machines and mining equipment) also

would be affected by this rule. Although most hydraulic and heat transfer systems are no longer refilled with

PCB's, many are still contaminated

with residual concentrations of PCB's.

PCB's also have been widely used as

plasticizers, specifically as additives to

products such as paints, inks, adhesives, sealants, textile coatings. and

certain plastic products. Although

most domestic sales of PCB's for these

FEDERAL REGISTER, VOL 43, NO. llO-WEDNESDAY, JUNE 7~ 1978
HeinOnline -- 43 Fed. Reg. 24804 1978

24804

uses were discontinued in 1971, many of the PCB's so used in the past will

continue to exist in commerce as a

result of recycling and the long life of

sealants, paints, and the other products containing PCB's. Therefore, this

rule may affect persons who recycle,

process, or otherwise use products such as waste oll, sludges, contaminated rags, soil, pipes, and any itema

coated with PCB-impregnated substances. . - Similarly, this rule would apply to

certain activities involving the opere ation of equipment which previously held PCB's and which still contains

PCB concentrations of 50 ppm or

greater, such as refilled transformers,

and refilled hydraulic systems and

heat transfer systems. This rule would apply to owners of

electromagnets containing PCB's. EPA

requests comments and data on the

number of such magnets and the

amount of PCB exposure to humans

and the environment that results from

their use and maintenance. Compressors used in natural gas pipelines would also be covered by this regula- tion. Comments are requested on the

number of stich compressors, the

amount of human and environmental

.exposure that results from their use

and maintenance, and the economic

impact of not authorizing their use.

The proposed rule would not apply

to sewage sludges, dredge spoils, and

spill materials which contain less than

60 ppm PCB. These mixtures are regu· lated under other statutes adminis·

tered by EPA. The omission of these

mixtures from this regulation does not . mean that EPA believes that control

of such mixtures with less than 50

ppm PCB is unnecessary. , The manufacture, processing, distribution in commerce, use, and disposal of small quantities of PCB's used for

research and development would be

excluded from the requirements and

prohibitions of § 761.30. This exclusion , is proposed so that laboratory quantities of PCB's needed for health research and analytical purposes, can be

available. The proposed quantity restriction discussed in section B, below,

is intended to provide an adequate safeguard against the abuse of this

provision.

NOTE.-If a person other than the

owner of a television set, computer, or

other PCB equipment replaces a PCB

capacitor with another PCB capacitor while repairing the equipment and

charges the owner for that capacitor, this transaction is considered distribution in commerce of PCB's. Since the

replacement capacitor is considered by EPA to be totally enclosed, this distri·

bution in commerce does not need an

authorization to continue' through July I, 1979. However, since all distri·

bution in commerce (except that coy· ered by section 6(e)(3)(C» is banned

to

PROPOSED RULES

after July 1, 1979, unless an exemption. manufacturing processes. With c~eful

is granted by EPA, persons who servo manufacture, such compounds will

ice or repair PCB equipment for contain less than 50 ppm of PCB.

others by installing replacement PCB (3) All of the diffuse and extremely capacitors must petition EPA for an numerous PCB sources of concentrn·

exemption, as explained in section IV- tions below 50 ppm cannot practically F of this Preamble; Since the replace- be dealt with by EPA. A cutoff of 50

ment of PCB capacitors should be a ppm has the advantage of limititlg relatively infrequent repair and since EPA administration and enforcement

non-PCB capacitors may be able to re- to a manageable number of PCB

place PCB capacitors when they do sources, thus ensuring the maximum

fail, the TSCA requirement that EPA effectiveness of; the regulation.

grant exemptions-for the continuation (4) Other stdtutes are available for

of this activity may not 'be as burden· regulation of mixtures containing less

some as it may initially appear. than 50 ppm of PCB, particularlY for

such sources as municipal sludge and

B. DEFINITIONS dredge spOils. The proposed regulation

With the exception of "PCB(s)" and under TSCA would not preempt nction

"PCB Mixture", the definitions of the by EPA or other Federal agencIes to

Disposal and Marketing rule are appli. control such mixtures under these

cable without change to this proposed statutes.

rule. The proposed definition, therefore, "PCB(s)'~ The existing definition of is designed to focus Agency attehtion

"PCB(s)'" includes "PCB Chemical under TSCA upon the most sI~Icnnt

Substance", "PCB Mixture", "PCB Ar. and controllable sources of PCB expo· ticle", "PCB Equipment", and "PCB sure. EPA recognizes the difficulty of ' Container". EPA proposes to add the selecting a cutoff level for regulation

term "PCB Sealant, Coating, or Dust of PCB's and will revise the level

Control Agent" to this definition. This either upward or downward from 50

is a newly defined term discussed in ppm, if appropriate, based on informa·

detail below. The effect of this addi. tion supplied during the rulembkIng tion would be to require that PCB sea. on this rule. Other higher and lower

lants, coatings,' and dust control levels have already been suggested, Inagents be disposed of in accordance cluding concentrations of 10 ppm and

with § 761.10, be marked in accordance 1 ppm. These and other suggested al·

in the § 761.20, and be used only as tematives will be carefully evaluated.

permitted by § 761.30 and § 761.31. PCB's are ubiquitous in the environ·

"PCB Mixture". EPA proposes to ment. As a result of manufacturing, d#ine PCB mixture as any mixture processing, use, and disposal activIties

containing 50 ppm or more of PCB during the past 50 years, PCB's have

chemical substance. Thi'i would have been introduced into many commer·

the effect of banning manufacture, cial products, into byproducts and

processing, distribution in commerce, waste materials, and into environmen·

and use of all mixtures containing 50 tal media including air, water, and soil.

ppm or greater of PCB chemical sub· EPA believes that it can feasiblY regu·

stance in a nontotally enclosed late the introduction of PCB's into the

manrier unless authorized. In addition, environment at the 50 ppm PCB level.

EPA proposes to extend the marking EPA also believes that the regulation and disposal requirements in Subparts of materials containing less thnn 50

B and C now applicable only to mix- ppm PCB would, in- many instances,

tures containing more than 500 ppm constitute an effort to regulate PCB's

of PCB to mixtures containing 50 ppm which have alreadY been introduced

or greater of PCB. The prohibitions of into the environment. Even in those

§ 761.3lJ would also apply to all mix- cases where material containing less

tures containing' 50 ppm or greater of than 50 ppm PCB enters the environ·

PCB. The proposal to regulate only ment as "new" PCB's, EPA does not

those mixtures containing 50 ppm or believe it is feasible to control the die

more of PCB was selected for the fol· verse number of items with SUdh low

lowing reasons: concentrations of PCB's. However,

(1) A cutoff of 50 ppm or greater of waste oll used as a sealant, coating, or

PCB will exclude from the rule munic- dust control agent with a PCB c~lOcen·

ipal sludges and other mixtures con- tration lower than 50 ppm will be subtaining low (less than 50 ppm) levels ject to regulation. . of PCB's whose'presence is due to am· In the PCB Disposal and Mnrlililg' bient levels of PCB present in the air rule, EPA proposed a concentration of

or water. The PCB's contained in such 500 ppm PCB. After the rule had been

mixtures are affected by ambient proposed, however, EPA learned that

levels and cannot be attributed to any many materials, including some gener- discrete source of contamination, and ated in large amounts, may contain

thus are less amenable to preventive PCB's at levels well above general en·

measures. . vironmentallevels but below 500 ppm. (2) Certain organic compounds may For example, while carefully manufaccontain trace amounts of PCB's de- tured organic Chemicals may contain

spite the use of carefully controlled '. as much as 25 ppm PCB,' process

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JU~E 7, 1978
HeinOnline -- 43 Fed. Reg. 24805 1978

upsets may result in production of

batches that contain concentrations

higher than 50 ppm. Municipal sewage

sludge may contain relatively high

concentrations of PCB's if a quantity

of PCB's has been introduced into the sewer system. Dredge spoils from some rivets may contain more than 50 ppm

PCB. Where PCB spills occur, both

soil and clean·up materials may be

contaminated with PCB's. Taking such

considerations into account, EPA is now proposing 50 ppm PCB be set as the lower limit of its definition of PCB

mixtures. EPA specifically invites com· _ments and data onthe extent to which

this proposal (or a lower limit for the

definition of PCB mixture) will affect

persons involved in manufacture, processing, distribution, use, and disposal

of PCB's, and whether this is the appropriate concentration at which to

make the distinction described above.

As stated above, if written comments or testimony at the public hearing indicate that either a higher or lower

concentration is more appropriate,

that concentration will be adopted in

the final rule.

EPA wants to emphasize that the

rule proposed today does not preempt more stringent requirements that may

be placed in dredging permits and in

any other regulatory tools employed

by EPA in controlling the release of

PCB's. In particular, if there is a risk

that materials such as dredge spoils or sewage sludge will be deposited in

water or where they can be carried

into water, stricter controls than specified in these regulations may be appropriate. Water has been the most

significant pathwaY for PCB contamination, and serious environmental

damage can be expected to result from

the deposit in or near water or material containing PCB's even in low con- centrations. This is particularly true

for dredge spoils and sewage sludge.

given the huge quantities of these ma- terials that may be generated.

EPA Regional Offices making decisions on permits for dredge and fill

disposal under § 404 of the Federal

Water Pollution Control Act

(FWPCA), discharge permits under

the FWPCA, dumping permits under

the Marine Protection, Research and

Sanctuaries Act of 1972, or exercising

any other relevant authority, will be

expected to take such factors into account and to regulate PCB's at levels

below 50 ppm under that other au- thority, wherever appropriate.

"Manufacture and Process for Commercial Purposes". Tbe proposed rule

applies to manufacturing (including

importation) and processing which is

performed for commercial purposes.

"Commercial Purposes" means for distribution in commerce, including for

test marketing purposes, and for use by tbe manUfacturer, including for use as a chemical precursor. By restricting

PROPOSED RULES

the scope of the definitions of "manufacture" and "processing" found in

TSCA to apply to only those activities

that are considered "for commercial

purposes", EPA would not regulate

certain activities such as the manufacture of a chemical that results in an unintentional PCB impurity. However,

because the proposed rule prohibits

the distribution in commerce of PCB

mixtures, the product would have to

be processed to reduce the PCB con- centration to below 50 ppm before distribution in commerce. The proposal

woUld also permit the processing of

products and plant wastes to concen- trate PCB's if the purpose is to dispose

of the PCB's and reduce PCB concen- trations in the final product.

"PCB Sealant, Coating, and -Dust

Control Agent". Sealants, coatings, and

dust control agents made from waste

oil are often contaminated With PCB's

and, because of their particular uses,

these PCB's are quickly introduced directly into the environment. For ex- ample, waste oil is frequently used -as a coating for roads, WhiCh have welldrained surfaces whose run-off frequently goes to municipal treatment

plants or rivers and streams. In addition, although the PCB concentration

is low, the large volume of oil that is

used resUlts in a large qUantity of PCB

entering the environment. Because the

PCB's in waste oil can so· easily find

their way into the. environment

through these uses, the EPA is proposing that waste oil containing any

amount of PCB contamination shall

not be used as a sealant, coating, or dust control agent. Waste oil containing less than 50 ppm may still be used as a fuel, as a feedstock for re-refining, or. any other use except as a sealant,

coating, or dust control agent.

EPA is concerned about the use of

waste oil for space heating since ambient emissions of PCB's are likely to

result. Cominents are requested on whether EPA should include waste oil

containing less tban 50 ppm PCB

Within this definition, thereby forbidding this use. Comments are also re- quested on the economic impact of

such an action.

"Sale for 'purposes Other than

Resale". The law exempts any PCB

sold for purposes other- tban resale

before July 1, 1979, from the total prohibition on any distribution in com- merce. "Sale for Purposes Other than

Resale" is defined as sale for purposes

of disposal, for purposes of research

and development, and for purposes of use by the purchaser. In addition,

PCB equipment which is leased before

July 1, 1979 for a period of no less

than one year will be considered sold

for purposes other than resale. The

sale will be considered to have oc- curred as of the date of the signing of

the lease. This "sale for purposes

other than resale" provision does not

24805

apply to sales to or by retailers or pet· sons who service and repair PCB articles and PCB equipment owned by,

others. These persons clearly purchase

PCB's with the intent of reselling

them.

The use, finished product, Or equipment, would be subject to applicable

regulations. This provision of TSCA

allows the continued distributIon in commerce and use of PCB's in a totally-enclosed manner <or in accordance

with an authorization or exemption),

rather than forcing them into immediate disposal, causing possible adverse

economic consequences. For example, a person (includfng dealers) may resell 0

a used television iristead of throwing it

away. Furthermore, this provision

woUld permit tbe sale for diSposal,

provided other applicable requirements of the rule are not violated.

"Significant Exposure" and "Totally

Enclosed Manner". TSCA prohibits

the manufacture, processing, distribu·

tion in commerce,. or use of any PCB on or after January 1, 1978, in other

than a totally-enclosed manner. TSCA

defines "totally-enclosed manner" as any manner which will ensure that

any exposure of human beings or the

environment to PCB's will be insignificant. TSCA section 6(e)(2)(C) requires

the Administrator to determine by

rule what constitutes insignificant ex- posure. EPA proposes to define "insignificant exposure" as no exposure; i.e.,

any exposureo! human beings or the

environment to PCB cbemical substances or PCB Inixtures is significant.

EPA considered. a finite concentration as the demarcation between "sig·

nificant" and "insignificant exposure".

The chief reason Jor not taking this

approach, however, is that there

simply is no rational basis for selecting

any particular exposure level above zero for the purposes of this regulae

tion. PCB's are extremely persistent

and ubiqUitous in the environment,

bioconcentrate and bioaccumulate

within many- organisms, induce a variety of adverse effects in humans and

laboratory mammals, and possess no known "no effect" level for some of

these effects. Based on the existing information on the environmental·risks

associated With exposure to PCB's

(summarized in the Support Docu·

ment), it is apparent tbat there is no finite level at· which continUing re- leases into the environment -eQuId be

regarded as insignificant. Accordingly;

the Administrator has determined

that anY exposure· to PCB's is significant and shall not be permitted unless

explicitly authorized or exempted.

This determination shoUld not be

construed as an expression of EPA

policy regarding acceptable or allowa·

ble exposure to all- toxic substances;

rather, it is intended to provide, for

EPA and persons who would be affected by this rule, a clear distinction be·

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24806 1978

24806

tween activities that will and will not

be considered "totally enclosed". It is

not a determination that any exposure

to . PCB's ~presents an unreasonable

risk. EPA's determinations of which

non-totally enclosed activities will be

allowed to continue will be based on,

judgments of whether they pose unreasonable risks to health and the environment, taking into account the

factors enumerated in section 6(c)(1).,

Thus, the finding that any exposure

to PCB's is significant serves simply to

define any activity that emits or discharges PCB's as not "totally enclosed:' In turn, any PCB activity that

is not "totally enclosed" is banned

unless the risk associated with that activity is determined to be reasonable.

If EPA finds that a PCB activity does

not present an unreasonable risk, EPA

may authorize or exempt that activity. This determination is not, as it may

seem, inconsistent with the fact that

the Agency has proposed a finite concentration of PCB's (50 ppm) in the

definition of PCB mixture. Although

any exposure to PCB's is significant, it

would be impossible to impose regula- tions applicable to the use of air.

water, soil, and everything else that

may contain low levels'of PCB's. Exposure of human beings or the environment to PCB's will be assumed to exist

if any PCB's are detected by any scientificallY acceptable analytical method.

However, a person covered by this pro- posed regulation would not be held responsible for exposures to background levels of PCB's. which, although they

may be detected, are not the result of

that person's involvement with PCB's.

That is, if PCB's are detected in the vi.

cinity of a PCB activity, but the con·

centration detected is no higher than

the ambient level which would normally be expected in the absence of

this activity, such PCB's will not be

considered the result of the activity.

Because the highest ambient levels of

PCB's measured to date are well below

the levels normally associated with

the manufacture, processing, distribution, and use of PCB's, there should be

little difficulty in distinguishing ambi·

ent background levels from those asso·

ciated with specific activities.

"SmaU Quantities tor Purposes at

ReseaTclt and Development"., The

phrase "small quantities for purposes

of research and development" is defined as those quantities of PCB substances or PCB mixtures contained in

hermetically sealed five milliliter containers which are manufactured or

processed only for purposes of scientific experimentation or analysis. This

regulation would permit the production of small quantities of PCB chemical substances or PCB mixtures to be

used for research, development, or

analysis. Such PCB's can be manufactured in small quantities and handled

under controlled conditions by technically qualified individuals.

PROPOSED RULES

There is no limit on the number of

containers that a person may manufacture or use. This is to permit the

operation of supply houseS which may

make or stock a large number of such

containers of PCB at one time and sell

from this inventory to individual research firms. The five milliliter

volume limit should ensure that any PCB's made will be used only for reo

search and development. Five milliliters should provide an adequate

amount for these purposes. For exam·

pIe, a PCB sample of this size is adequate for use in gas chromatograph

tests. These small quantities would

still be subject to the disposal and

marking requirements of § '161.20.

C. DISPOSAL REQUIREMENTS

The proposed rule revises the requirements of § '161.10 with respect to

the disposal of transformers in which

the dielectric fluid has a PCB concentration less than 500 ppm, but greater than, or equal to, 50 ppm. Disposal of

such transformers by incineration or

in a chemical waste landfill would not

be required by this rule provided that

the dielectric fluid contained in these

transformers is first drained and disposed of in accordance with therequirements of § '161.10(b). 'rherefore.

these transformer carcasses could be

disposed of in a municipal landfill or

sold for salvage. EPA has not proposed restrictions

on the salvaging of PCB tra.nsformer

carcasses which originally contained

dielectric fluid with a PCB concentration less than 500 ppm because: (1)

There should be little human and en·

vironmental exposure to PCB's: and,

(2) valuable copper and steel could be

salvaged for recycling. However, EPA

recognizes that it may be necessary to

establish specific procedures applicable to the salvage of these transformer

carcasses in order to prevent any Undue exposure to PCB's; In this

regard, EPA requests comments and

data on: (1) the procedures used by salvage operators in handling these

transformers; (2) the need for regulatory controls on salvage· of PCB transformers; (3) the salvage value of trans·

formers: (4) the potential for, and

extent of, human and environmental

exposure to PCB's which may occur as

a result of salvage operations: (5)the

number of transformers which are salvaged on an annual basis; (6) the

number of salvage companies which

can salvage PCB transformers: and (7)

other methods of disposing of the

PCB transformer carcasses.

The proposed rule would require

that the dielectrtcfluid from any

transformer which is manufactured

before January 1, 1979, and which is

filled primarily with non-PCB dielectric fluid (e.g., mineral om be disposed

of in one of two ways: (1) in a hightemperature incinerator (Annex I)

• without any testing for PCB: or (2) in

any other manner if a test for PCB

shows that the concentration is less

than 50 ppm. EPA is aware that there

may be a very large volume of this

fluid that will require special disposal and this disposal requirement may be

expensive. Further, high temperature

incineration of the mineral oil will not

utilize the oil as fuel because of the

overabundance of high Btu hydrocarbon wastes. The incremental cost of

this disposal requirement may be as

high as $25,000 perpourtd of PCB.

The total cost of this disposal requirement,· over approximately 30 to 40

years, is $612-$769 million. In view of

the low level of PCB contamination in

this fluid, disposal alternatives may be

available which would substantially

reduce disposal costs while still resulting in high levels of PCB destr.uction.

Utility power genera.tion units and

cement kilns may be able to achieve

very high destruction efficiencies even

though they may not meet the requirements- of Annex 1. In addition,

these alternatives may utilize the mineral oil as fuel. However, EPA has

little or no data available to characterize the performance of these alternatives. EPA therefore requests com~

ments on alternative methods of disposal of these dielectric fluids. Comments are requested on the estimated

volume of dieleetric fluid that would

require such disposal annually, what

restrictions would be necessary to

ensure an acceptable level of destruction efficiency, and the cost of dispos- ing of the fluid by me~ of high-temperature incineration versus the cost

of alternative disposal methods. Comments. are requested concerning the estimates of the marginal costs as stated

above and whether such costs (if correct) are justified in view of the additional environmental PCB contamination that would result from not requir- ing this method of disposal. EPA is

considering requiring labeling of all

transformers manufactured either

before or after January 1, 19'19. This

labeling would make recognition of

those transformers subject to this disposal requirement much easier. Comments are requested on the feasibility

of such a requirement and the costs

and benefits that would resUlt.

D. MARKING REQUIREMENTS

This - proposed regulation would

amend the e:l!:isting marking requirements for PCB's contained in § '161.20.

Those PCB transformers which con·

tain dielectric fluid with a PCB con·

centration less than 500 ppm would

not be required to be labeled.

E. PRO:HIBITIONS

Section 761.30 would implement section 6(e)(2) and (eH3> Of TSCA, setting

out the specific prohibitions of PCB

actiVities. These were described in SecI

i

FEDERAL REGISTER, VOL. 43, NO. l1o-WEDNESDAY, JUNE 7, 1918
HeinOnline -- 43 Fed. Reg. 24807 1978

tion I' of this Preamble. In addition,

two findings of the Administrator are

stated in § 761.30. The first is. the Administrator's finding, pursuant to section 12(a)(2) of TSCA, that the manufacture, processing, and distribution in

commerce of PCB's ior export presents an unreasonable risk of injury to

health within the United States and to

the environment of the United States.

This finding is more fully discussed in

Section VIII of this Preamble. The

second is that the distribution in commerce and use of intact, non-leaking

transformers, other than those used

on locomotives and self-propelled railroad cars, and capacitors is considered

distribution in commerce and use in a.

totally enclosed manner.

According to section 6(e) of TSCA,

disposal is an activity separate from

processing and distribution in commerce. Any preparation or processing

for disPosal is considered to be disPosal and not distribution in commerce or

processing. Therefore, any such activity, ifin the course of compliance with

pertinent disPosal requirements, is not

subject either to the January I, 1978,

totally enclosed manne.r requirements

or to the July I, 1979, bans.

F. AUTHORIZATIONS AND EXEMPTIONS

In enacting section 6(e), COllgrese

recognized that the statutory bands

could significantly disrupt certain activities involving PCB's, particularly

those for which viable substitutes are

not available. TSCA authorizes EPA to

grant by rule two types of exceptions

to the probloitions of such activities.

First, the Administrator may authorize the continued manufacture, processing, distribution in commerce, or

use of PCB's in a non-totally enclosed

manner after January I, 1978, if he

finds that the activity will not present

an unreasonable risk of injury to

health or the environment. The criteria for determining reasonable risks is

descnoed in the Support Document.

Second, the Administrator may grant exemptions upon petition, for periods

of- no more than one year at a time,

from the 1979 bans on manufacturing,

proce.."Sing, and distribution in commerce of PCB's, if he finds that the

activity does not present an unreasonable risk and that good faith efforts

have been made to develop substitutes

for the PCB's used in that activity.

Section 6(e)(3) does not impose a

final ban on the use of PCB's but it

does ban all manufacturing, processing, "and distnoution in commerce. As

a result, EPA may authorize a non-totally enclosed use of PCB's for whatever time period it feels is appropriate

under section 6(e)(2). However, authorizations for non-totally enclosed

manufacturing must end on January

I, 1979, since that is when the total

ban on manufacturing begins. An exemption is required to continue any

PROPOSED RULES

type of PCB manufacturing after that

date. For the same reason, authorIzations for non-totally enclosed processIing and distribution in commerce must

end on July I, Ig79.

No:rz:.-The term "distribution in com- merce" is used to refer to the sale or a PCB.

However, it also means the delivery or a PCB in conjunction with a sale or the holding of a PCB after sale for purpoiCS of

·resale. An example or the lAtter is a dlstrIbut.or who buys from the manufllCturcr and

then resells to retaUers: whlle the PCB's are in his inventory, they are being held for further distribution in commerce. However, dIstribution in commerce docs not 1nclude the

holding of PCB'a for purposes solely of usc by the holder. For the purposes of TSCA.

"processing" is lImited to thllt pr~

which takes 'Place after manuJ).cturc of the

PCB in preparation for distribution in com- merce. ''P.roce~1Dg'' does not include processing performed by the owner or the PCB

subsequent to distrIbution in commerce for

hfs own use.

The servicing of a PCB transformer

is an example of how nll of these concepts fit together. If a PCB transformer is removed from servIce and returned to the owner's own service shop

where PCB dielectrIc fluid is added to

it, the servicing could be covered by a

use authorization. However, If that

same transformer was sent to a trnnsformer servIce company that added

PCB's to the transformer, the servicing would be both processing and distribution in commerce since the PCB

dielectric fluid would be sold by the

service company to the transformer

owner (thus the title to the PCB's

would have passed from one owner to

another). To continue this activity,

the transformer service company

'Would need authorizations for both

proceSsing and distribution in com·

merce. In addition, the service company would have to petition for, and receive, an exemption each year to continue this activity after June 3D, 1979.

Even though the actions performed in

both shops are the same, the transformer service company Is subject to

much more rIgorous requirements

than the transformer owner.

As in the transformer servicing example above, a person servicing a. computer who does not own that computer

is considered to be processing and distributing in commerce If he Installs a

PCB capacitor in the computer. To

continue that practice after July I,

1979, an exemption wlll be required.

Finally, a person who lenses a computer may not sell that computer after

July 1, 1979, unless the computer hns

been leased for·no le.:s than one year.

A person could apply for an exemption

so that he could sell a computer which

has been leased fOJ; less than one year.

1918 authorlzattons. Section

6(e)(2)(B) of TSCA permits EPA to authorize by rule the manufacturing,

processing, distribution in commerce,

and use of PCB's in a nontotally en24807

closed manner If these actIvities will

not pre.:;ent an unreasonable risk of

injury to health or the environment.

EPA has determined that certain nontotally enclosed PCB use activities will

not present an unreasonable risk and

proposes to authorize these use activitIes for a period of 5 years after the effective date of the final rule. At that

time, EPA will exnmine the need for

continuing the.:;e authorizations. In

makIng this determination, EPA

weighed the effects of PCB's on

health and the environment. the magnitude of exPOsure, and the reasonably ascertainable economic consequences of the rule. This determination is fully discussed in the support

document/voluntary draft environmental Impactstatement.

1979 exemptions. Exemptions from

the manufactur:lng, processing, and

distribution in commerce bans required by § G(e}(3)(A) of TSCA may be

granted for no more than 1 year at a

time and muSt be granted by rulemaking each year. In general, persons

must petition for exemptions which

wID be granted on an individual basis.

For the purpose of petitioning for an

exemption, "person" may include a

trade association or any other entity

representing a. number of users. In

some Instances, EPA may also consider

acceptIng petitions from and granting

exemptions to a class rather than.

solely to an individual. Persons may

petition for an exemption only after

the effective date of this rule. The

final rule will. describe the requirements for filing petitions and for the

information to be provided inthe petitions.

Based upon the authorizations pr0.-

posed, EPA anticipates petitions for

continuous miner motor rebuilding

and for transformer servicing. EPA

also anticipates petitions for exemptIons for dIstrIbution in commerce,

after July 1. 1979, of PCB consumer

equipment such as air conditioners,

televisions, and microwave ovens remaining in the inventories of small

Wholesale and retan businesses. EPA is

concerned about the potential for

undue hardship on such small businesses that might be created by the

July I, 1979, ban on sale of PCB equipment:EPA also is aware that the marginal Impact on en\1ronmental PCB

concentrations from the sale of these

inventories of PCB consumer equipment may be small.

In order to minimize any problems

which wholesalers and retaners might have in complying with the ban, EPA

encourages manufacturers of PCB

equipment to inform all participants

in the distribution in commerce chain

(e.g" wholesalers, jobbers, retailers) of

the Identity of all PCB equipment

manufactured after July I, 1978. Participants in the distribution in commerce chain should be made aware of

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1971
HeinOnline -- 43 Fed. Reg. 24808 1978

24808 • PROPOSED RULES

the consequences of not selling this hazard of catastrophic transformer

equipment by July I, 1979, and should failure. Therefore" the proposed aube able to receive help, as needed, to thorization allows routine servicing of

segregate PCB equipment from non- transformers containing dielectric

PCB equipment. If voluntary efforts fluid with 50 ppm and greater PCB. In

to inform the distribution chain do addition, an authorization is proposed

not work, EPA may consider adopting for processing and distributing in comregulatory requirements that manu- merce PCB fluid only for servicing

facturers adequately inform the distri- transformers. Persons subject to the

bution chain. Comments are requested latter authorization must keep certain

on the need for mandatory notifica- records and provide, one report to

tion requirements, the information EPA. As explained-above, this authorithat should be distributed, and the zation will be needed by service comcosts that would be involved in such panies which service PCB transforman information dispersal system. ers. This authorization will expire on

In evaluating any petitions for ex- July I, 1979,' while the use authorizaemptions from the 1979 bans, it should tion will expire 5 years after the effec- , be noted that an important criterion tive date of the rule. During this 5-

for granting an exemption from the year period, EPA will be examining July I, 1979, ban will be good faith ef- the use of substitutes in older transforts to develop PCB substitutes. Cer- formers to determine the feasibility of

tainly small businesses and retailers phasiIig out all use of PCB's.

would not be expected to develop sUb- The proposed rule authorizes the restitutes, but their efforts to ellininate filling of transformers with PCB fluid.

PCB equipment from their inventories However, the proposed rule does not

certainly could be evaluated. In addi- permit the rebuilding of PCB transtion, any efforts of firms to overload formers which contain dielectric fluid

the distribution system with PCB with a PCB concentration of 500 ppm equipment by manufacturing 01" or greater. EPA is considering the folbuying more equipment than would be lowing alternative for transformers

normally distributed in the given time containing dielectric fluid with a PCB

frame would be considered a negative concentration of 500 ppm or greater: factor in evaluating an exemption pe- (1) Such transformers could be •tition. ' topped-off only with non-PCB fluid;

Transformers. Many PCB transform- (2) such transformers would be reers other than .those used on railroad quired to be refilled with non-PCB

locomotives and self-propelled cars are fluid if they are ever completely routinely serviced and sometimes re- drained for seryicing; and (3) such

built. The use of these transformers transformers could be rebuilt provided

generally involves no release of PCB's that they are refilled with non-PCB

and thus constitutes a totally enclosed- fluid. Refilling under such an authoriactivity permitted by TSCA. However, zation would be subject to specified

servicing procedures often result in ex- flushing procedures. EPA invites composure of the environment to PCB's. ments on this alternative, particularly There are two categories of servicing: with respect to the technical feasibilrebuilding and routine servicing. ity and economic consequences of

When a transformer fanS, it is uaual- adopting this alternative.

ly disposed of. Sometimes, however, it The vast majority of transformers

is rebuilt in a relatively open oper- are filled with mineral oil dielectric

ation which .involves draining the fluid. Although mineral oil should be

liquid, removing and disposing of the free of PCB's, there may be instances

old liquid, rewinding new coils, and re- where PCB contamination has inadfilling the transformer with new vertently occurred. Where the concenliquid. This practice can result in sUb- tration of PCB's in a mineral oil transstantial exposure of both humans and former equals or exceeds 50 ppm, that

the environment to PCB's. EPA has transformer would be considered a

determined that it is unreasonable to PCB' transformer under the definiallow the exposure which occurs tions of this rule. The proposed rule

during rebuilding of transformers con- provides a less costly method of distaining fluids with PCB concentra- posal for any transformer whose ditions of 500 ppm and greater, but pro- electric fluid contains less than 500

poses to permit rebuilding of trans- ppm but greater than, or equal to, 50

formers containing fluids with PCB ppm PCB. Also, because of the deconcentrations less than 500 ppm. creased risk associated with lower conDuring routine servicing, such as centrations of PCB's in dielectric fluid,

testing the liquid or reparing a gasket, the servicing of transformers containsome amount of liqUid is drained, pos- ing dielectric fluid with less than 500

sibly filtered, and returned to the . ppm is not restricted.

transformer. Some environmental con- The number of mineral oil transtamination occurs. Routine servicing, f.ormers contaminated with PCB is

however, causes far less exposure to unkown to EPA at this time. EPA is

PCB's than rebuilding and reduces the, interested"'in receiving the following substantial costs of frequent trans- data: (1)' the percentage of mineral oil

former replacement, as well as the transformers contaminated with

PCB's; (2) the PCB concentrations in

such 'transformers; (3) the frequency

of failure of mineral oil transformers:

(4) the percentage of failed mineral oil

transformers which are rebuilt: (5)

present methods of disposal of mineral

oil; (6) the anticipated impact if the

rebuilding of PCB contaminated mineral oil transformers is not permitted: and (7) and the anticipated costs of

disposing of these transformers and

their mineral oil contents. All data on

mineral oil transformers shoUld distinguish between pole transformers and

other mineral oil transformers.

There are recordkeeping rel1uiroments and a reporting requirement for

persons who service transformers

owned by others with PCB fluid.

These requirements relate to tho person's inventory of PCB fluid and the

dates and nature of servicing por- formed with PCB's. The information

will enable these persons and EPA to

accurately account for PCB's used as a

result of this authorization. Comments

are invited on the impact of these requirements and if any additions or deletions are appropriate. Transformers in railroad locomotives and self-propelled cars. Transformers in approximately 1,000 electric railroad locomotives and solfpowered cars operated in the northeastern United States by Amtrak, ConRail, and five intracity transit authorities contain PCB fluid.

The use and servicing of these transformers cannot be considered totnIly enclosed. Frequent environmental exposure to PCB mixtures spilled onto

the roadbed occurs when transformers

overheating causes fluid overflow nnd

when rocks and debris damage the

transformers while they are in service;

PCB's are also lost due to volatilization and in servicing operations. These

problems are made more severe by the

fact that railroad transformers are

often underdesigned because of space

limitations.

It is logistically and economicallY infeasible for these railroad transformers to be replaced in the immediate

future. Thus, the absence of an authorization for the continued use and

servicing of this equipment in a nontotally enclosed manner could result in

extensive curtailment of railroad service and adverse economic and social

consequences. EPA therefore proposes

to authorize the use of railroad transformers, including servicing, subject to

certain conditions designed to reduce

the PCB concentration of these transformers' dielectric fluid and thereby reduce the exposure of humans and

the environment to PCB's.

The proposed rule would authorize

unrestricted use and servicing of railroad transformers for 15 months after

the effective date of the regulation,

except that no authorization would be

provided to allow transformer service

FEDERAL ,REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24809 1978

companies to llrocess or distribute in

commerce PCB dielectric fluid for the

purposes of servicing of PCB railroad

transformers. At the end of 15

months, the PCB concentration of the

railroad transformers' dielectric fluid

must be no more than 40,000 ppm (4 - percent).. EPA's intent is to allow

either the replacement of the PCB

railroad transformers with non-PCB

units or the refilling of the transform-,

erg.' with non-PCB dielectric fluid so

that the concentration of PCB's in the

-fluid is no more than 40,000 ppm. The

,rebuilding -of railroad transformers

and subsequent refilling with PCB's

would not be permitted.

Furthermore, the authorization requires that the PCB concentration in

the railroad transformers' dielectrIc

fluid be reduced to no more than 1,000

ppm 3 years after the effective date of

the regulation. This reductIon will

greatly reduce human and environmental exposure and is believed attainable through the application of activated carbon filtration. Since this

technology has not yet been applied In

relation to railroad transformers, some

uncertainty does exist. For this

reason, EPA may make appropriate

changes in this 1,000 ppm requirement, including raising the level or

lowering it, as more and better infor- -mation becomes available about the

use of activated carbon-filtratIon and

other available technology_ This authorization would expire 5 years after

the effective date of the regulation, .- when EPA would reevaluate the need

for continuing the authorization. , The rule would require testing to determine the PCB levels In the trans· • formers. The results of this testing, as

well as the time at which other servicing activities are performed In accordance with the rule, would have to be

recorded. Based on the information

available to the Agency at this time,

the proposed refilling of railroad

transformers and carbon filtration of

the dielectric fluid should permit the

elimination of the use of PCB's without undue economic and social disloCations or undue health or environmental danger.

There are recordkeeping > requirements and a reporting requirement for

persons who own railroad transformers. These requirements relate to the

person's inventory of transformers

and refilling progress. This information will enable EPA to· assess a person's compliance with the requirements of the authorization. Comments

are invited on the impact of these re:

quirements and if any additions or deletions are appropriate.

Mining equipment. There· are two

types of mining machinery wbich use

PCB fluids as a motor coolant: loaders

and continuous ~ers. Although production of this equipment has ceased,

many are still In use. Approximately

- PROPOSED RULES

652 motors contalnlng PCBs used on

loaders are currently operable: and

there are about 18 continuous miners

for which there are about 46 PCB

motors either in use or kept as spares. The operation of this machinery results In the loss of PCB fluids from

leaks and overflows into the environ·

ment. ServIcing procedures, performed either in the shop or in the. field,

result in additional environmental exposure to PCBs. to require replacement of these motors by the effective

date of this rule would be technically and economically infeasible. To avoid

the adverse cosequences caused by an

immediate use ban, EPA Is proposing a

phase out of these PCB motors which

will coincide with the servicing sched·

ule applicable to these motors. Loaders and continuous miners are given

different compliance schedules since

they pose different problems.

Because of the cutting head design, the motors on continuous miners

cannot be rebuilt as non·PCB motors.

Furthermore, the cost of replacing the

cutting head motors- Is prohibitive in

light of the llmlte<l remaIning expected lifetime of the continuous miners.

The only feasible alternative Is replacement of the entire continuous

miner unit. Because of the lead time

necessary to order and produce this

type of equipment, the replacement of ~ntinuous miners cannot begin for

some time after the effectIve date of

this rule. Therefore, EPA proposes to

permit the rebuilding of continuous

miner motors without conversion into

non-PCB motors for 12 months after

the effective date of the rule and to

permit the use of these units until December 31, 1981. Since the rebuilding

of these miner motors involves the use

of PCB fluid, such rebuilding when

done by companies who service other

·persons' motors constitutes processing

and distributIon In commerce of PCBs.

Therefore, an authorization for servIce

companies to process and distribute in

commerce PCB fluid Is proposed so·

that the continuous miner motors can

be rebuilt. These servIce companies

will have to petition EPA for an exemption to rebuild continuous miner

motors after June 3D, 1979. Due to the

frequent need for s~rvIce shop work on

continuous miners, EPA believes that

few continuous miners will be able to

remain In use until December 31, 198!.

The PCB motors on loaders can be

replaced with, or rebuilt as, non·PCB

air-cooled motors. EPA Is proposing that these motors be replaced or rebuilt as air-cooled motors when they

are returned to service shops for maintenance. ThIs process of rflbuilding or

replacement would take three years provided that normal maintenance

patterns are followed. Therefore, use

of these loaders Is authorized until December 31, 1981. After this date, the

proposal would not permit the use of

24809

any loaders or continuous miners contalnlng PCB motors. Topplng-off the

motor fluid levels in the field is considered a. use.

There are recordkeeping requirements and a. reporting requiremen. for

persons who own and service PCB

mining equipment. These requirements relate to the person's inventory of PCB fluid and the dates of rebuilding mining equipment motors. This information will enable these persons

and EPA to accurately account for

PCBs used as a. result of these authorizations and will permltEPA tQ assess a.

person's compliance with the requirements of these authorizations. Comments are invited on the impact of

these requirements and if any additIons or deletions are appropriate.

Hydraulic die casting $JIstem:!. A

large number of die casting systems

are in use. some of which have been

fllled with PCB hydraulic fluid at

some point in the'past. Although this

use of PCB's has been discontinued,

the equipment is still in service. Some

systems have been topped-off with

non·PCB fluids, and others have since

been drained and flushed in an attempt to reduce PCB contamination.

However, systems may still be contaminated with residual PCB's which

are gradually released from rubber

surfaces and with PCB's that remain

after flushing. Therefore, hydraulic die casting systems can contain concentrations of PCB ranging from a few

to thousands of parts per million.

These systems leak considerably, even

when properly maintained. In addition, some of the fluid volatilizes at

the high operating temperatures.

These losses result in water effluents

as well as air emlsslons. both of which

have contributed to existing levels of

PCB contamination in the environ-,

ment. !

:Mandatory removal of these systems

from service would result in wide- 'j spread economic dlsruptIon in industrIes using die castings. On the other i

hand, the continued uncontrolled use 1

of these systems would result in re-!

leases ofsubstantial amounts ofPCB's I

into the environment. EPA is propos- ing to authorIze the continued servic- I

ing and use of PCB-contamInated hy-'

draulIc fluid in those systems which

now contain hydraulic fluid whose

PCB concentration is greater than, or

equal to, 50 ppm subject to certain

conditions. These conditions would be

that the concentration of PCB must

be reduced to no more than 50 ppm at

the end of the first year after the effective date of this rule and that this

concentration must be maintained or

reduced through periodic fluid replacement or servicing. Testing and

necessary servicing or replacement to

achieve and maintain a concentration

of 50 ppm or less PCB would have to

be performed at least every six

months.

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE T, 1978

,
HeinOnline -- 43 Fed. Reg. 24810 1978

24810

EPA has learned that one company

which periodically services the hydraulic fluid has reduced PCB concen- trations' to .undetectable levels. This

company's experience indicates that

routine servicing can eventually eliminate the need for continued flushing.

As a result, the semi-annual check and

processing should substantially reduce

total environmental exposure to

PCB's. Note that the drained PCB

fluid would be subject to applicable

disposal regulations.

The full extent of PCB contamination of hydraulic die casting machines

is unknoWn. Except in a few instances,

the extent and types of efforts to

reduce PCB concentration are also un- known. Comments -and data are invited on: (1) the number of PCB contaminated die casting systems in existence;

(2) the average liquid volume of the

systems; (3) the range of system liquid

volumes; (4) the amount of fluid re- quired to routinely 'top-off these systems and' at What time intervals; (5)

whether systems are routinely drained

) or topped-off; (6) the effect of routine

servicing on the level of PCB contamination; (7) what specific efforts have

been made to reduce PCB contamination and the success of these efforts;

(8) how the hydraulic fluid can be ser- viced to remove PCB's; (9) the present

level of PCB contamination in systems; (10) the cost of new systems;

(11) the cost of processing fluid; and

(12) the cost of drainlilg and refilling

systems. Recent efforts have been

made to develop methods' such as carbon filtration and distillation for ' removal of PCB's from dielectric fluid.

Comments are requested on the possible use of these methods to reduce

PCB contamination in these hydraulic

fluids.

EPA also realizes that this requirement could be extremely costly unless

carbon filtration and distillation are feasible for the removal of residual

PCB's from hydraulic fluid. If this

technology does not prove feasible,

the incremental cost of this requirement could be as high as $26,000 per

pound of PCB removed. Comments are requested concerning the estimates of

the marginal costs as stated above and

whether such costs (if correct) are justified in light of the additional environmental PCB contamination that

would result from not requiring this

method of disposal.

There are recordkeeping requirements and a reporting requirement for

persons who own PCB hydraulic die

casting systems. These requirements

relate to an inventory of contaminated'

systems, the dates of servicing, and

the PCB concentrations, if measured.

This information will enable these

persons and EPA to assess the progress toward reducing the PCB con- centrations in these systems. Comments are invited on the impact of

, PROPOSED RULES

these requirements and if any additions or deletions are appropriate.

Carbonless copy paper. Prior to 1971,

carbonless copy paper distributed by

NCR Corp. was made with ink containing PCB's. ·There does not appear to

be'a way of distinguishing PCB car- bonless copy paper·from non-PCB car- bonless copy paper, with the possible

exception of dates or other indications

in UnUsed inventories. A large portion

of the PCB carbonless copy paper that

has not been destroyed is probably in

files. The' proposed "regulation con- tains an authorization for the use of

PCB carbonless copy paper for the following reasons: (1) the inability to

readily distinguish between PCB and

non-PCB carbonless copy paper; (2)

the enormous undertaking that 'Would

be required of both business and government to purge files of PCB carbonless copy paper, even if a way to distinguish it from non-PCB carbonless

paper were devised; and (3) the small

amount of PCB on each piece of car- bonless copy paper. In addition, paper

recyclers have for some time been

careful not to accept any carbonless

copy paper for recycling.

G. ANN;EX VII .

A new annex is proposed for Part

761. This annex specifies the format

for a PCB Exposure and Contamination Control Plail (ECCP). The purpose of the ECCP is to help insure

that risks associated with activities

either -authorized by or exempted

from the requirements of § 761.31 are minimal. The plan would require delineation of all steps and processes involved in an authorized or exempted

activity, and would include requirements .for notification of proper au- thorities and basic steps for response

to releases, such as spills, of PCB's.

Each person authorized (or at some later date exempted) to process, distribute in commerce, or use PCB

chemical substances or PCBV mixtures would be required to develop and

implement an ECCP.

-There are two major parts of the

ECCP. The first is a. written operations plan that describes step-by-step

'procedures to be followed in the performance of an authorized PCB activity. The second is a response and con- trol plan that describes step-by-step

procedures to be followed when a re- lease of PCB's occurs at a PCB use or serVicing operation. The plan would

include procedures for incidents that

range from releases of PCB's that are captured in drip pans to much greater

releases such as the loss of the entire

contents of a PCB transformer with some or all of the loss escaping the

controls established in the operations

plan. Copies of the ECCP would be

kept: (1) With the Spill Prevention

Control and Countermeasure (SPCC)

Plan if the person is required to k;eep

an SPCC plan; (2) in the office of the

facility where the activity is being performed and with other PCB files at

the principal office of the organization; and (3) with each group of em- ployees as they perform activities that

may result in an exposure or contamination incident. FinallY, the plan

would be certified by a Registered Professional engineer (P.E.). The P.E.

y,rould certify that the plan has been

prepared in Accordance with good en- gineering practice and that it complies

with the requirements of Annex VII.

This certification is not determinative

of the plan's adequacy. EPA, at Us discretion, may review the plan. If EPA

finds that the plan is inadequate or that a person is not implementing any

provision of the plan, EPA may take one of the following actions: (1) Require that a plan acceptable to EPA bo

written and implemented; (2) suspend a person's authorization until a plan

acceptable to EPA is written and Implemented; or (3) require that a person cease the'PCB activity. Requirements for plans to prevent

the discharge of PCB's shall be re- quired by rules to be issued by EPA

pursuant to § 311 of the Federal Water

Pollution Control Act at a later date.

V. BROADENING OF DISPOSAL

REQUIREMENTS

By changing the definition of PCB

Mixture from a mixture containing

500 ppm or more PCB to one containing 50 ppm or more PCB, more PCBcontaminated articles and mixtures

will require disposal in accordance

with § 761.10.' Among the materials

that will be affected by the chance are spill materials, dredge spoils, and mu- nicipal sludges with PCB concentrations between 60 ppm and 600 ppm.

Liquid mixtures in this range would

have to be incinerated. PCB articles

also would -have to be incinerated

unless the appropriate EPA Regional

Administrator determines that it is infeasible to do so. If there are minernl

oil transformers contaminated with

grea.ter than 50 ppm PCB (M discussed above in Section IV-C of this

Preamble), the inineral oil would have

to be incinerated.

VI. PCB ACTIVITIES NOT AUT1IORIZED

BY THIS RULE

A. MANUFACTuRE OF CAPACITORS

PCB's have been used as the dielectric fluid in almost all alterna.ting cur· rent capacitors manufactured in the

United States since the mid·1930's.

The manufacture of capacitors is an activity which cannot be considered

totallY enclosed and is a major source of PCB releases into the environment.

An authorization for the continued

manufacture of capacitors is not proposed, primarily due to the availability

of substitutes and the negligible eeoFEDERAL REGISTER, VOL 43, NO. nG-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24811 1978

nomic impact resulting from the ban

on thiS manufacturing activity. In addition, by the time this rule is promul- gated. companies are expected to have

depleted their PCB ,inventories and

completed the conversion to use of

non-PCB dielectric fluids in the manufacture of capacitors. The extent of

adverse economic consequences, if anY,

probably will be limited to small'inventory losses of PCB chemical substances.

B. AC£IvIrIES INVOLVING DYES AND

PIGMENTS

By changing the definition of PCB

mixture from 500 ppm to 50 ppm, the

proposed rule may now affect certain

compaIiies and products in the dye • and pigment industry. Based on a very

small number of tests, industry repre- sentatives have suggested that there

may b~ a problem with PCB contamination pf some pigments. However,-the

EPA has insufficient data to reach anY

conclusions in this regard. Comments

and data are requested on: (1) The

technical and economic effects of the

rule on this industry; (2) the specific

processes and products that would be

affected; (3) methods for reducing

PCB levels in 'the affected products;

(4) quantity of contaminated waste

that will have to be disposed of; (5)

plans and lead times for implementing

new technology; and (6) the economic

,costs of possible alternatives to the presen~ proposal. Should it be determined, in the course of the rulemaking, that the dye and pigment industry

would need an authorization to continue its operations and it is also determined that granting such an authorization would not present an unreasonable risk to health or the environment,

such an authorization may be granted

in t]:le rule.

VII. MANuFACTURING, PROCESSlliG, OR

DISTRIBUTION IN COMMERCE OR PCBS

'FOR ExPORT

Section 12(a) of TSCA states that no

part of TSCA shall apply to the manufacture, processing, or distribution in

commerce of a chemical intended

solely Jor export from the United

States. However, if the Administrator

finds that the manufacture, process- ing, or distncution in commerce of a

chemicaI for export presents an unreasonable risk to health or the environment in the United States, those activities may be regulated as well.

It is the clear intent of TSCA to

minimize the addition of PCBs to the

environment of the United States. The

extreme persistence of this chemical

can lead to long term, long distance

transport, and there is existing evidence of PCB contamination far from

anY source of PCB's. EPA has determined that the manufacture, processing, or distribution in commerce of

PCB's for export constitutes an unreaPROPOSED RULES

sonable risk to health and the environment in the United States. Therefore,

EPA is proposing to prohibIt: (1) The

non-totally enclosed manufacture, processing, and distribution in commerce

of PCB's for export as of the e!!ectlve

date of this rule; (2) any manufacture

of PCB's for export aft.er January 1,

1979; and (3) anY processing or distribution in commerce of PCB's for

export after July 1, 1979. EPA knows

of no non-totally enclosed activities

for export which could be deemed to

pose reasonable risks to health and

the environment of the UnIt.ed States

arid, therefore, has proposed no excep- tions to this finding. SectIon 12(b)(2) of TSCA requires

anY person who exports or intends to

export a chemical substance or mixture for which a rule has been pro- 'posed under § 6 to notify the Administrator of such export or intent to

export. Guidelines with respect to this

requirement for such persons can be

found in another part of this issue of

the FEDERAL REGISTER.

VIII. SUMMARY OF ECONOMIC

CONSEQUENCES

Section 6Ce) of TSCA bans the manufacture, processing, distrIbution and

use of PCB's except as authorized or

exempt.ed by the Administrator of

EPA. These authorlzatlons and e.,,- emptlons, however, are discretionary

and can be granted only upon a find·

ing that a particular PCB activity does

not pose· an unreasonable risk to

health or the environment.

The impacts of both the statute and

the regulation have been nssessed and

are discussed below. Additional informatIon on these impacts is contained

in Jlicroeconomic Impacts of the PCB

Ban Regulation (EPA 560/6-77-0351)

whIch can be obtained from the Industry Assistance O!!1ce of the Ofilce of

Toxic Substances upon request (see

the beginning of this Preamble for the

address and t.elephone number).

A. IMPAC£ OF THE STATUTE

EPA believes It was the clear intent

of Congress, as expressed in the legis- lative history, that the manufacture of

PCB chemical substance should cease.

Since no more PCB chemical substance will be made, It follows that

there can be no future manufacturing of PCB transformers or capacitors. Consequently, the costs attributed to

the cessation of the manufacture of

PCB chemical substance, PCB transformers, and PCB capacItors are considered impacts of the statute, not of

the regulation.

These costs include $15-$20 million

per year in increased capacItor costs

that will be borne by utility and industrial users. ThIs results from an

across-the-board increase in capacItor prices of 10-20 percent due to the

higher 'costs of PCB substitutes. This

24811

cost will contin.ue indefinitely, unless

the cost of these substitutes falls due

to some unforeseen reason.

Purchasers of non-PCB transformers

will incur increased costs of up to $10

million per year, depending on the

particularsubstitute dielectric fluid selected. ThIs cost will also continue indeflnltely.

These increased costs of transformers and capacitors v.-ill be passed on

through a mInImal increase in the cost

of electricity to consumer and industrial users.

B. IMPAC£ OF THE RULE

The greater portion of the cost of

the rule will be incurred by owners of

mineral oil transformers which are

contaminated with PCB concentrations of 50 ppm to 500 ppm. EPA estimates that testing these transformers

for PCB contnmlnatIon levels and disposing of the contaminated PCB fluid

will cost between $612 and $769 million over the next 30 to 40 years, or

approximately $23 million per year.

These costs are based upon the required disposal of the contaminated

mineral oil by high temperature incineration. However, they could be substantially reduced if EPA should

decide, based on public comments. to

permit a less costIy disposal alternative to high temperature incineration.

The ban on rebuilding transformers

which contmn dielectric fluid with a

500 ppm or greater PCB concentration,

will cost the owners of these transformers approximately $15 million annually. ThIs cost will continue over a

period of 30 years until the transformers are technologically or economically

obsolete. About two thirds of these

transformers are owned by commercial

and industrial firms and the remainder by utilities_ The Impact of this rule

with respect to transformers is expect- ed to have a negllgIcle effect on the

cost of electricity, and no significant

impact on non-utility owners.

Rallroad and transit companies

which are affected by this rule will

incur. total additional operating costs

of about $12.4 m1ll1on over the next

three years. These companies are in financial trouble. However, funding may

be avaIlable through Federalsubsidies.

The increased costs a..~oclated with

the phase out of PCB mining equipment will total $3 million over the

next three yearS. These costs are not

expected to slgnlflcantly affect the

equipment owners. Also, the phase out

of this equipment over the next three

years is expected to cause no disruption of coal production.

Since very litle is known aboutseveral uses of PCB's, an estimate of the

total cost of complying with the pro-,

posed rule is dillicult to make with respect to these uses. For example. the

number of hydraulic die casting machines in operation, the volume of

fEDERAL REGISTER, VOL 43, NO. 110-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24812 1978

24812

PCB hydraulic fluid contained in

these machines, and the extent of

PCB contamination of this fluid is currently unknovm. The initial cost of the

regulation will be about $10 per gallon

of capacity for each die casting machine. This would imply a cost of

about $10,000 for a 1,000 gallon machine. Costs in later years would be

significantly lower depending upon

the contamination present in each machine, and the type of processing

chosen to lower the contamination. An

EPA contractor estimates that there

may be several thousand contaminated machines in use. Thus, total costs

in the few first years are estimated to

be at least $10 million. Comments and

data are requested on the economic

impact of the proposed rule and of

any suggested alternatives to the pro- posal. There are additional heat trans.:

fer systems and non-die-casting hydraulic systems that may be contaminated with PCB's. This rule would not

authorize the use of such systems contaminated above 50 ppm. The number

and location of such systems is unknown. Comments and data are requested on the number of such systems contaminated above 50 ppm, and

the economic impact both of the existing p.,rohibition and of complying with

the proposed authorization for >.hy- draulic systems if it were to be' extended to these systems. The presence of PCB's (in excess of

50 ppm) in certain blue and yellow pigments has been detected, but little is

known concerning PCB concentration

in these pigments or the extent of

that contamination. Process refinements costing the industry about

$500,000 are expected to be sufficient

to control PCB contamination in· blue

pigments. It is not currently known,

however, whether similar steps can be

taken to reduce PCB contamination in

the yellow pigments, of which annual

sales are around $52 million. If this

problem cannot be solved and the rule

is not altered, there may be a significant impact on this industry. Comments and data are requested on 'the

extent of PCB contamination, the economic impact of the proposed rule and

of any suggested alternatives to the

proposal.

The effect of the regulation on users

of waste 'oil for road oiling may be substantial, although it is difficult to

quantify. It is estimated that

300,000,000 gallons of waste oil are ap- plied to roads every year. The high

cost of testing this oil may mean that

it will be economicallY infeasible

under this rule to use waste oil for

road oiling in the future. The use of

possible substitute dust control agents, such as virgin oil or synthetic substi- tutes~ could cost users as much as $100

million per year. However, this cost assumes that the substitute is applied at

the same rate as is waste oil to- achieve

PROPOSED RULES

the saine benefit. It is likely that this

substantially overstates the cost be-

'cause many people will cut back or

eliminate road oiling as a result of the

higher cost of substitutes. The cost of

the rule will be borne in two ways: (1)

Higher prices paid for road oil products; and (2) benefit forgone by those

who will no longer oil roads as a result

of' higher costs., Comments and data

are requested on the economic impact of the proposed rule and of any sug- gested alternatives to the proposal. Approximately 200 electromagnets containing PCB's may currently be in

use. This regulation would not authorize the use of these electromagnets. The absence of such an authorization

may cost owners of these electromagnets about $4 million to repla~e them.

Most of the costs discussed above

result from requirements that are part of the proposed authorizations to

permit continued use of mixtures, articles and equipment containing PCB's

in a manner protective of health and

environment. If these proposed au·

thorizations are not promulgated, the

cost and economic impact on the af·

fected industries could be considerably gr~ter than the costs discussed above.

IX. EFFECTIVE DATE

I,t is the intent of EPA to make the

final version of this proposed rUle ef·

fective thirty days after the date of

publication in the FEDERAL REGISTER.

Promulgation of this regulation is not

expected before October 1, 1978.

Dated: May 30, 1978.

DOUGLAS M. COSTLE,

Administrator.

OFFICIAL RECORD OF RULEMAKINGPRoPOSED PCB "BAN" REGULATIONS'

Section 19(a)(3) of TSCA defines the

term "rulemaking record" for purposes of judicial revie~ as follows:

"(A) The rule being reviewed under this

section;

(B) In the case of a rule under section

4(a), the ,finding required by such section, in

the ,case of a rule under section 5(b)(4). the

finding required by such section, in the case of a rule under section 6(a) the finding re- quired by section 5(f) or 6(a). as the case may lie. in the case of a rule under section

6(a), the statement required by section

6(c)(1), and in the case of a rule under sec- tion 6(e), the findings required by paragraph 2(B) or 3(B) of such section, as the case may be;

(C) Any transcript required to be made of

oral presentations made in proceedings for

the promulgation ofsuch rule;

(D) Any written submission of interested

parties respecting the promulgation of such

rule; and

(E) Any other information which the Administrator considers to be relevant to such

'Polychlorinated Biphenyls Marking and

Disposal Official Record of Rulemaking is

considered as part of the record of thisrulemaking.

rule and which the Administrator Idl'ntl·

fied. on or before the date of the promulga·

tion of such rule, In a notice pUblished In

the FEDERAL REGISTEIl."

In accordance with the requirements of section 19Ca)(3)(E) quoted above,

EPA is publishIna the followine list of

documents constituting the record of

this proposed rulemaking. A supplementary list or lists may be published

any time on or before the date the

final rule is issued. However, no such

list will include public comments, the

transcript of the rulemaking hearing,

or submissions made at the rUlemnking hearing or in connection with it.

These documents are exempt from

FEDERAL REGISTER listing under section

19(a)(3). A full list of these materials

will be available on request from the

Record and Hearing Clerk.

SUPPORT DOCUMENTS

USEPA. OTS. PCB Manufacturing, Pro·

cessing, Distribution in Commcrc(' (md

Use-Ban Regulation-Proposecl ActfonSupport Document.

Public comments, date ofcomments

Air Conditioning and Refrigeration Institute. July 18, 1977.

Australia, Department of Environment,

Housing and Community Development,

October 20, 1977.

Brovm Co.• July 13, 1977.

Cattell. Holly, September 21,1977.

DePaul University, October 13. 1977.

Dry Color Manufacturers' Association, October 21. 1977. • General Electric Co., May 25, 1977.

General Motors Corp., July 18, 1977.

Schaln, Anita, September 23,1977.

Tennessee Valley Authority (TVA), July 15,

1977.

Tennessee Valley Authority (TVA), July 25,

1977. ' W.S Water & Wnste Water Systems, July

28.1977.

PuBLICLY ANNOUNCED-MEETINGS on HEARlNOS

PUBLIC PARTICIPATION MEETINO JULY Ill, 191'l

42 FR 32555, June 27, 1977. "Open Publlo

Meeting: Solicitation of Comments." For

July IS, 1977, Washington, D.C. nnd July 10,

1977 in Chicago. m.

USEPA. Transcript of Proceedings Publio

Meeting on the Ban of Polychlorinated lJiphenyls. Washington, D.C., July 15,1977.

USEPA. Transcript 01 Proceedings in tho

Special Meeting of U.S. Environmental Protection AgenC1/, Region V-Chicago, nt, July

19,1978.

DOCUMENTS SUBMITTED AT THE JULY 19, 1977 . MEETING

Statement on Retrofilling Made at PUblio

Meeting on the Implementation of the Environmental Protection Agency's Proposed

PCB Ban. July 19, 19.77. Dow Coming Corp.

Presentation to Environmental Protection

AgenC1/. Public Meeting-July 19, 1971. Joy

Manufucturers.

:tJst of Speakers.

List of EPA Panel Members for PCB

Meeting.

OTHER INFORMATION

OTHER "FEDERAL REGISTER" NOTICES

42 FR 65264, December 30, 1977: "Polley

for Implementatloh ofSection 6(e)(2) of tho

FEDERAL REGISTER, VOl:. 43, NO. lBO-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24813 1978

PROPOSED RULES 24813

(q) "PCB" and "PCBs" mean the following: "PCB Chemical Substance",

"PCB Mixture", "PCB Article", "PCB

Sealant, Coating, or Dust Control

Agent", "PCB Equipment", and "PCB

Container".

sPills pursuant to § 761.31. Definitions

of terms used in all of these sections are in Subpart A.

2. In § 761.2 paragraphs (q) and (w) are revised. and paragraphs (bb)

through (m are added as follows:

§ 761.2 Definitions.

(w) "PCB MIxture" means any com- bination of chemical substances which

contains 50 ppm <0.0050 percent on a dry weight basis) or greater of a PCB

chemical substance and any combination of chemcfal st1Stances which con- tains less than 50 ppm PCB chemical

substance because of any dilution of a

mIxture containing 50 ppm or greater

PCB chemical substance. This definition includes, but Is not limited to, dielectric fluid and contaminated solvents, oDs, waste oDs, heat transfer

fluids, other chemicals, rags, soil.

paints, debris, sludge, slurries, dredge

spoDs, and materials contaminated as a result ofsPills.

(bb) "Manufacture 'for Commercial

PurposeS" means to manufacture:

(l) For dIstribution in commerce, including for test marketing purposes. or (2) For use by the manufacturer, including for use as a chemical precur- sor.

(cc) "PCB Sealant, Coating, or Dust

Control Agent" means any sealant.

coating, of dust control agent that is

made from any waste on that contains

any detectable amount of a PCB

chemJca1 substance less than 50 ppm

(O.0050 percent on a dry weight basis).

Any sealant, coating. or dust control

agent that contains 50 ppm or greater

of PCB Is considered a PCB mixture.

(dd) "Process 'for Commercial PuTposes' " means to process:

(l) For dIstribution in commerce. including for test marketing purposes, or (2) For use as a chemical precursor.

(ee) "Sale for Purposes Other than

Resale" means sale of PCBs for purposes of research and development, for

purposes of disposal, and for purposes

of use. PCB equipment which is leased

before July 1, 1979, for a period of no less than one year will be considered

sold for purposes· of resale. The sale

will be considered to have occurred as of the date of the signing of the lease_

Sale for purposes of use does not include sale for dIstribution in com- merce. Sale for any other purpose Is

not sale for purposes other than.

resale.

•

•

•

•

•

•

•

•

• •

•

•

•

•

•

USEPA, Transcript of Proceedings. USA

Environmental Protection Agrncv. In the

matter of: Tarle PoUulant Effluent SlllndaTds Docket No. 1. Arlington, Va. May, 8,

1974-

USEPA, Transcript of Proceedings. USA

Environmental Protection Agrncv. In the

matter oJ: Tarle PoUulant Effluent Slllndants. Docket No.1 FWPCA (307). Arllngton.

Va., Thursday, May 9, 1974- , USEPA. Transcript of Proceedings uS'A

Environmental Protection Agencv. In the

matter oJ: To.rfc PoUulant Effluent Slllndani.!. Docket No. 1. FWPCA (307). Arllngton.

Va., Monday, May 20,-1974-

Westinghouse Electric COrp. Proposal to:

The Departmrnt ofTransporrotion RetTO/illing of RaUwa31 Transformen. December 21,

1977.

Witco Chemical. Golden Bear Dlvls!on.

Cohere% DWlt Relllrdant ,Agrnt.

World Health Organ1zaUon. Environmen·

tal Health Criteria Z. Polychlorinated Bi·

pheny13 and Terphenyl!. Genc\'ll, 1976.

In addition, all reports and articles

referenced in the USEPA OTS Support Document Voluntary Draft EIS

are included in the Official Record.

The record for the section 307 Water

Effluent Standards for PCB's may be

examined by the public at the Offfce

of Hearing Clerk, Room 370BA, Environmental Protection Agency, 401 M:

Street SW., Washington, D.C. 20460.

Pursuant to the Toxic Substances

Control Act (sees. 6, 8 and 12, U5

U.S.C. 2605, 2607, 2611)), the following

amendments to 40 CPR Chapter I,

Part 761 are proposed.

Subpart A-General

1. Section 761.1 Is amended by revising paragraphs (a), (b), and (c) to read as follows:

§ 761.1 Applicability

(a) This part establIshes prohibitions

of, and requirements for, the manufacture for commercial purposes, process·

ing for commercial purposes, dIstrlbu·

tion in commerce, use, disposal, storage, and marking of polychlorinated

biphenyls (PCBs).

(b) This part applies to all personswho manufacture, process, dIstrIbute

iIi commerce, use, or dIspose of PCBs.

Persons who manufacture, process,

dIstribute in commerce, or use smnll

quantities of PCBs solely for purposes

of research and development are exempted from the requirements of

SubpartD.

(c) The basic requirements applicable to disposal and marking of PCBs

are- set forth in Subpart B-Disposal

of PCBs and Subpart C-MarkIng of

PCBs. Prohibitions applicable to PCB

activities are set-forth in Subpart DManufacture, Processing, Distribution

in Commerce, and Use of PCBs. Subpart D also includes authorizations

from the prohibitions. The Annexes in

Subpart E set out the specifIc requirements for dIsposal and marking of

PCBs pursuant to § 761.10 and § 761.20

and for the contingency plan for PCB

COMMUNICATIONS

Intragovernmental memoranda, letters.

and other correspondence.

Otherletters.

REPORTS

Bionomies Aquatic Toxicology Labora·

tory. Fathead Minnow Egg and Fry Study,

Summary Only. August 26. 1977.

Dow Corning Corp. Removal ofPCB From

Dow Corning 561 Silicone Transformer

Liquid by Charcoal Filtration. Undated.

General Electric Co. Silicone in Transformers Presented to the Environmental

Protection Agency. September 6,1977.

McGraw HilL "PCB's spread by waste-oil

use?" Chemical Week. January 25, 1978. p. 15. .

Monsanto. "Monsanto to Shutdown PCB

Unit. Exit Business by October 31. 1977:'

News. Undated.

National Electric Manufacturers Association. Transformer Dielectric Fluid Study

Working Group. October 18,1977.

National Swedish Environmental Protec·

tion Board. PCB Conference II StockluJlm,

December 14, 1972.

Peakall. D. B. "PCB's and Their.Environ·

mental Effects:· CRC, Critical Reviews in

Environmental Control. September 1976.

University of Wisconsin Sea Grant COl·

lege. "ABC's of PCB's:' Public Information

Report. WIS SG 76-125.

University of Wisconsin Sea Grant College Progam, Institute for Environmental

Studies. "PCB's and the FDA." Earthwatch/

Wisconsin. Part 1, May 6. 1977. Part II, May

13.1977.

USDHEW. Final Report of the Subcommittee on the Health Effects ofPolychlorin·

ated Biphenyls. July 1976.

US-DOC, Maritime Administration

Chemical Waste Incinerator Ship Project.

Final Environmental Impact Statement.

Volume 1 of 2.

USDOT, Transportation SyStems Center.

Evaluation of Silicone Fluid for Replacement ofPCB Coolants in Railway Industry.

Westinghouse Electric Corp. July 1977.

USEPA. Environmental Research·Laboratory. Office of Research & Development.

POlychlorobiphenyls in Precipitation in the

Lake lrfichigan Basin.Draft. Undated.

USEPA, OPM. Microeconomic Impacts of

the Draft PCB "Ban" Regulation. April

1978.Versar.

USEPA, OTS. Development of a Study

Plan for Definition of PCBs Usage, Wastes,

a1u:l Potential Substitution in the Investment Casting Industry. 7ask IlL January

1976. Versar. EPA 560/6-'16-007.

Toxic Substances Control Act (TSCA) for

Polychlorinated Bipheny!S (PCB's):'

NON-FED.ERAL REGISTER EPA STATEMENTS

USEPA, Region IV. News release re: Fish·

ing in Lake Hartwell and Twelve Mile Creek

in Pickens Co.• South Carolina. september

10.1976.

USEPA. Statements of the Honorable

Russell E. Train, Admin.. EPA Before the

Subcommittee on Fisheries and Wildllfe

Conservation and the Environment Commit- -tee on Merchant Marine and Fisheries,

House of Representatives. January 28, 1976. . USEPA. Remarks by the Honorable Russell E. Train, Admin.. U.8.E.P.A. Prepared

for Delivery at the National Conference on

PCB·s. Chicago. m. Wednesday, November

19, 1975. 10 a.m. EST Environmental Protection. RXforPublic Health. Undated.

USEPA. News Release. September 14.

1976. .

FEDERAL REGISTER, VOL 43, NO. 110-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24814 1978

24814 PROPOSED RULES

tation of PCBs within the United

States, and the evidence that PCB's

contamitlate the environment far from

where they are used. In addition, the

distribution in commerce and use

(except servicing) of any intact, nonleaking PCB transformer (except .those used in railroad locomotives or

self-propelled cars) or capacitor is considered to be distribution in commerce

and use in a. totally enclosed mnnncr.

(a) No person may manufacture for

commercial purposes, process for commercial purposes, distribute in commerce, or use any PCB· in any manner

other than in a totallY enclosed

manner within tlte United States or

manufacture, process, or distribute in

commerce any PCB in any manner

other than in a totally enclosed

manner for export from t.he United

States.

(b) Effective January 1, 1979, no

person may manufacture for commercial purposes any PCB for use within

the United States or for export from

the United States.

(c) Effective July 1, 1979, no person

may process for commercioJ purposes

or distribute in commerce any PCB for

use within the United States or for

export from the United States, with

the following exceptions: (1) PCB's sold before July I, 1979.

for purposes other than resale mny be

distributed in commerce only in a totally enclosed manner after that date.

(2) PCB's sold after July I, 1979. for

purposes of disposal in accordance

with the requirements of § 761.10 may be processed for commercial purposes for disposal and distributed in commerce for disposal.

§ 761.31 Authorizations.

The tollowing nontotallY enclosed

PCB activities are authorized pursuant

to sec. 6(e)(2)(B) of TSCA:

(a) Transformers-Use (servicing).

PCB transformers not used in railroad·

locomotives or self-propelled cars may

be serviced and the associated dielectric fluid may be serviced in a manner

other than a totally enclosed manner

until five years after the effective date

of this rule subject to the following conditions:

(1) Servicing' may be performed

except servicing which requires that

tl1e transformer coil be removed from

the transformer casing. The coils may

be removed from those PCB tranSformers whose dielectric fluid contains

less th;m 500 ppm PCB chemical substance (0.05 percent on a dry weight basis).

(2) Each person who services a PCB

transformer shall develop and implement a plan for the control of PCB exposures and contaimination in accordance with Annex VII. Any PCB chemical substance or PCB mixture which is

used to service or repair a. PCB transformer shall be stored in accordance

•

• •

• •

• •

•• 5. Subpart D is added as follows:

Subpart C-Marking af PCBs

4. Section 761.20Ca)(l)(ii) and

(aJ(3)(i) are revised to read as follows:

(3) • • • (i) all transformers not marked

under paragraph (a)(1) of this section

except for those PCB transformers

that contain dielectric fluid with a

PCB concentration less than 500 ppm PCB chemical substance (0.05 percent

on a dry weight basis) are not required

to be marked.

§ 761.30 Prohibitions.

'Except as provided in § 761.10 or as

authorized in § 761.31. the activities

listed in paragraphs (a), (b), and (c) of

this section are prohibited pursuant to

§ 6(e) of TSCA. In addition, the Administrator hereby finds, under the

authority of section 12(0.) of TSCA,

that the manufacture, processing, and

distribution in commerce of PCB's for

export from the United States pre·

sents an unreasonable risk of injury to

health within the United States and to

the environment of the United States.

This finding is based upon the well documented human health and environ·

mental hazard of PCB' exposure, the

high probability of human and environmental exposure from PCB manufacturing, processing, .or distributing in commerce, the potential hazard of

PCB exposure posed by the transporgreater PCB shall be disposed of in ac·

cordance with paragraph: (b) of this

section. This paragraph (c)(1)(ii) does

not apply to any transformer manufactured after January 1, 1979.

Subpart D-Manufaduriilg, Processing,

Distribution in Commerce, and Use of PCB's

Subpart D-Manufacture, Procelllng, Distribution In

Commerce, and Use of PCBs

'761.30 Prohibitions.

'761.31 Authorizations.

'761.32 Exemptions [Reservedl.

AUTHOIUTY.-Secs. 6. 8' and 12, Toxic- Sub.

stances Control Act, 15 U.S.C. 2605. 2607,

2611.

• • • ,. •

Subpart B-Disposal of PCBs

3. Section 761.10(c)(1) is revised to

read as follows:

§ 761.10 Disposal requirements.

(ff>. "Significant Exposure", means

any exposure of human beings or the

environment to PCB chemical sub·

stance or PCB:mixture as-measured or

detected by any scientifically acceptable analytical method.

(gg) "Small Quantities for Research

and Development" means any qu~tity of PCB chemical substance or PCB

mixture which is originally packaged

in one or more hermetically sealed § 761.20 l\larking-requirements.

containers of a vOlume of no more (a) ••• than five (5.0) milliliters and which is (1) •••

manufactured' or processed only for (li) PCB transformers at the time of

purposes of scientific experimentation manufacture, at the, time of distribuor analysis or chemical research on, or tion in commerce if not already lao

analysis of, PCBs, including research beled, and at the time of removal from

or analysis for the development of a use if not already labeled. PCB transproduct. formers containing dielectric fluid

(hh) "Totally Enclosed Manner" with a PCB chemical substance con.

means any manner that will ensure centration less than 500 ppm but

that any exposure of human b.eings or . greater than or equal to 50 ppm (on a

the environment to PCB cheDllcal sub· dry weight basis) are not required to

stance or PCB mixtures will be insig. be labeled

nificant; that is" not measurable or de· • tectable by any analytical method. • (ii) "Waste Oil" means waste prod· , ucts primarily derived from petroleum.

which include, but are not limited to,

fuel oils, motor oils, gear oils, cutting / oils, transmission fluids, ,hydraulic

fluids, and dielectric flUids.

(c) • • • (1) PCB TranSformers, (i) Any PCB

transformers which contain dielectric

fluid whose PCB concentration is 500

ppm or greater shall be disposed of in

accordance with either of the following:

(A) in an incinerator which complies

with Annex I; or

(B) in a chemical waste landfill

Which complies with Annex II: Provided, the transformer is first drained

of all free flowing liqUid, filled with.

solvent, allowed to stand for at least .. 18 hours, and then drained thoroughly. PCB mixtures which are removed

shall be disposed of in accordance with

paragraphs (a) and (b) of this section.

(ii) Any PCB transformer which contains dielectric fluid whose PCB con·

centration is less than 500 ppm but

equal to or greater than 50 ppm PCB

shall be disposed of in any manner,

provided:

(A) the transformer is first drained

of all free flowing liquid; and

(B) any dielectric fluid, except that

disposed of in accordance with para-- graph (b) of this section, shall be

tested for PCB concentration and that

information and data kept as a part of

the records required by Annex VI. Dielectric fluid which contains 50 ppm or

fEDERAL REGISTER,. VOL. 43, NO. nO-WEDNESDAY, JUNE 7, 1978
HeinOnline -- 43 Fed. Reg. 24815 1978

with the storage for disposal requirements of Annex ilL

(b) Transformers-Distribution in

Commerce and Processing. Persons

who service PCB transformers owned

by others may distribute in commerce

and process PCB dielectric fluid in a.

manner other than a. totally enclosed

manner only for the purpose of servicing existing PCB transformers until

July 1. 1979. subject to the following

conditions:

. (1) Ninety days after the effective

date of this rule. each persons who

services PCB transformers owned by others with PCB dielectric fluid shall

report to EPA his business address and

the person to whom inquires should be

directed. This repOrt shall be sent to

the Pesticides and Toxic Substances

Enforcement Division (EN-342), Environmental Protection Agency. 401 M

Street SW., Washington, D.C. 20460. E~ch person who services PCB transformers owned by others with PCB dielectric fluid shall keep a current .record of tis inventory of PCB dielectric fluid, the serial number and owner

of each PCB transformer serviced with

PCB's, the date each PCB transformer

is serviced with PCB's, and the nature

of the servicing performed with PCB's.

At its discretion, EPA may require a.

person who services PCB transformers

owned by others with PCB dielectric

fluid to submit a copy of his current

record.

(2) Each report submitted to EPA

shall contain the following certification:

I understand that I may assert a claIm of

business confidentiality my marking any

part of all of this information as "TSCA

Confidential Business Information" and

that information so marked wm. not be dlsclosed except in accordance with the procedures set forth in 40 CPR Part 2. I further

understand that if I do not mark this information as confidential, EPA may disclose it

publicly without providing me notice of an opportunity to object: _ I certify that to the best of my knowledge

the contents ot this report are accurate and

complete.

Date -------------

Signed------------

Position Title ----------

The statement and certification

above must-be signed by the chief,executive officer of the reporting Organization or his designee. . (3) Each person who services PCB

transformers owned by others with

PCB dielectric fluid shall develop and

implement a plan for the control of

PCB exposures and contaminatIon in

accordance with Annex VII. Any PCB

chemical substance or PCB mixture

which is used to service or repair a

PCB transformer shall be stored in accordance with the storage for disposal .requirements of Annex m.

NOTE.-Persons who own and who

service their own PCB transformers

PROPOSED RULES

with PCB dielectric fluIds are considered to be using the PCB dielectric

fluid and are therefore covered under

the authorization in paragraph (a).

Persons who service PCB transformers

owned by others with PCB dielectrio

fluid are considered to be distributing

that fluId in commerce since they are

selling that dielectrio fluId to the

transformer owner and therefore are

subject to paragraph (b). Such persons

must petition yearly for an exemption.

Ifservioing of a. PCB transformer by 8.

nonowner involved the use of 8. nonPCB dielectrio fluid (e.g., toppIng-off

with a non-PCB fluId), that servicing is a. use covered under paragraph (a).

(c) Railroad TramjoT"TMn-Use. (l)

Transformers contalnlng PCB ml.lctures may be used in a manner other

than 8. totally enclosed manner in railroad locomotives and self-propelled

cars <referred to as "railroa.d transformers") until five years a.ft.er the effective date of this rule subject to the

following conditions:

(1) Fifteenmonths after the effective

date of this rule, no railroad transformer may contain dielectrIo fluId

whose concentration of PCB chemical

substance exceeds 40,000 ppm (four

percent on a. dry weight basis).

(li) Three years after the effective.

date of this rule no railroad transformer may contain dielectrio fluId

whose concentration of PCB chemical

substance exceeds 1,000 ppm (0.10 percent on a. dry weight basis).,

(iii) The concentration of PCB's in

the dielectrIo fluId contnlned in railroid transformers shall be,measured:

(A) Immediately upon completion ot

any authorized servicing of a PCB

transformer intended to reduce the

PCB concentration in the dielectrio

fluid in the transformer, and

(B) Between 12 and 24 months niter

each sen10ing conducted in accord·

ance with paragraph (c)(f1i)(A) of this

section.

(iv) Ninety days after the effective

date of this rule each person who owns

a. railroad transformer shall report to

EPA, and retain records of, the

number. of PCB railroad transformers

which he owns and the lIquId volume

of each railroad transformer. This

report shall be sent to the Pesticides

and Toxic Substances Enforcement

Division (EN-342), Environmental Protection Agenoy, 401 M Street SW.,

Washington, D.C. 20460. Eaoh person

shall also keep a. current record of the

dates and nature of each servicing of

each PCB transformer and the mensured concentration of PCB in each

transformer as required by paragrnph

(o5(1)(f1i) of this section. At Its discretion, EPA may require a. person who

owns a. railroad transformer to submit

a. copy of his current record.

(v) Ninety dllYS after the effective

date of this rule each person who services PCB transformers owned by

24815

others with PCB dielectric fluid shall

report to EPA his business address and

the person to whom inquiries should

be directed. ThIs report shall be sent

to the Pesticides and Toxic Substances

Enforcement Division CEN-342). Environmental Protection Agency. 401 M

Street SW., Washington, D.C. 20460.

Each person who sernoes PCB transformers owned by others with PCB dielectric fluId shall keep a. current

record of his inventory of PCB dielectric fluId, the serial number and owner

of each PCB transformerserviced with

PCB's. the date each PCB transformer

Is serviced with PCB's, and the nature

of the servicing performed with PCB's.

At Its dlscretion, EPA may require a.

pcr..on who services PCB transformers

owned by others with PCB dielectric

fluId to submit a. copy of his current

record.

(vi) Each report submitted to EPA

under paragraphs (c)(l) (Iv) and (v) of

this section shall conta.in the certification found in § 761.3l<b)(2).

(vil) Each person who uses or services a PCB railroad transformer-shall

develop and Implement a plan for the

control of PCB exposures and contamination in accordance with Annex.

VII. Any PCB chemcial substance or

PCB mL-rture which is used to service

or repair 8. PCB railroad transformer

shall be stored -in accordance with the

storage for dispOsal requirements of

Annex ilL

(2) RaIlroad transformers containing

PCB mixtures may be serviced and beg1nning 15 months after the effective

date of this rule shall be seIv1ced subject to the conditions of paragraph

(c)(l) of this section, In the following

manner:

(1) II a. railroad transformer is

drained, flushed, or refilled, non-PCB

dielectrio fluId shall be used for refillIng unless the original fluid has been

processed in accordance with para- graph (c)(l)(ll> of this section after its

removal from the transformer. PCB

fluIds shall be disposed of in accordance with the requirements of § 761.10.

(ll> Filtration through activated

carbon or any other method may be

used for the purpose of reduoIng residual PCB concentrations in railroad

transformer dielectric fluId.

(ill) RaIlroad transformers may be

rebuilt orserviced using only non-PCB

dielectric fluId.

(d) Mining equipment-use.. Continuous miner-type and loader-type mining

equIpment containIng PCB motors

may be used and these motors toppedoff with PCB fluid in the field in a. nontotally~enclosed manner until December 31, 1981, subject to the followIng conditions:

(1) PCB motors in loader-type equipment shall be rebuilt as air-cooled

motors or replaced with non-PCB

motors at the time the motor is returned to 8. service shop for servicing.

FEDERAL REGISTER, VOL 43, NO.. nO-WEDNESDAY, JUNE 7, 1911
HeinOnline -- 43 Fed. Reg. 24816 1978

24816

,The rebuilt motors may not contain

any PCBs.

(2) PCB motors,in continuous minertype equipment may not be rebuilt as , PCB motors after 12 months after.the

effective date of this rule.

(3) Ninety days after the effective

date of this rule each person who owns PCB mining equipment shall report to

EPA, and retain records of, the type

and quantity of equipment owned con- taining PCB motors, the serial number

of each PCB motor, the number of

PCB motors in his inventory, and the

amount of PCB heat transfer fluid in

his inventory. This report shall be

sent to the Pesticides and Toxic Substances Enforcement Division (EN342), Environmental Protection

Agency, 401 M Street SW., Washington, D.C. 20460. Each person who owns PCB mining equipment shall also keep a current record of'the date that each

PCB motor is rebuilt as an air-cooled

motor. If any of the PCB mining

equipment is sold, the transaction and

the parties thereto shall be reported

to EPA by the seller. At its discretion,

EPA may require a person who owns PCB mining equipment to submit a copy of his current record.

(4) Each report submitted to EPA

under paragraph (d)(3) of this section

shall contain the certification foUnd in

§ 761.3l<b)(2). , (5) Each person who uses or services

PCB mining equipment shall develop

and implement a plan for the control

of PCB exposures and contamination

in accordance with annex VII. Any

PCB chemical substance or PCB mixture which is- used to service or repair

PCB mining equipment shall be stored

in accordance with the storage for disposal requirements of annex III.

(e) Mining equipment-Distribution

in £ommerce and processing. Persons

who service continuous miners motors

o\'med by others which contain PCB

fluid may distribute in commerce and

process PCB fluid in a manner other

than a totally enclosed manner only

for the purpose of servicing these con- tinuous miner motors until July 1,

1979, subject to the following conditions: , <I)'Ninety days after the effective

date of this rule each person who ser- vices continuous miner motors owned

by others with PCB fluid shall report

to EPA his businesS address and the

person to whom inquiries should be directed. This report shall be sent to the

Pesticides and Toxic Substances Enforcement Division (EN-342), Environmental Protection Agency, 401 M

Street ·SW., Washington, D.C. 20460.

Each person who services continuous

miner motors owned by others with

PCB fluid shall keep a current record

of his inventory of PCB fluid, the

serial number and ovmer of each con- tinuous miner motor serviced, the date

each continuous miner motor is serPROPOSED RULES

viced, and the nature of the servicing

performed. At its discretion, EPA may

require a person who services continu- ous miner motors owned by others

with PCB fluid to submit a copy of his . current record.

(2) Each report submitted to EPA

under paragraph (e)(1) of this section

shall contain the certification found in

§ 761.3l<b)(2).

(3) Each person who services con· tinuous miner motors owned by others

with PCB fluid shall develop and implement a plan for the control of PCB

exPosures and contamination in ac- cordance with annex VII. Any PCB

chemical substance or PCB 'mixture

Which is used to service or repair con- tinuous miner motors shall be stored

in accordance lwith the storage for disposal requirements of annex III.

NOTE.-Persons Who service continuous

miner motors owned by others with PCB

fluld are considered to be distributing that

fluid In commerce since they are selling that

fluid to the continuous miner owner and

therefore are subject to paragraph (e). Such

persons must petition for an exemption to

continue this activity after June 30, 1979. - . (f) Hydraulic die casting systems- use. (1) Hydraulic die casting systems

containing PCB mixtures may be used

and serviced in a manner other than a totally' enclosed manner until five

years after the effective. date ,of this

rule subject to the following condi·

tions:

(i) Each person who owns a hydraulic die casting system which ever con- tained PCB hydraulic fluid shall test

for the concentration of PCB's in the

hydraulic fluid no later than 90 days

after the effective date of this rule

and at 6-month intervals or less beginning 1 year after the effective date of

this rule. If a system's fluid contains

greater than 50 ppm PCB chemical

substance <0.0050 percent on a dry

weight basis), the system shall be

drained of the PCB mixture and re- filled with non-PCB fluid or with fluid

containing less than 50 ppm PCB

within 1 year of the effective date of

this rule and within 10 days after any

subsequent test of the PCB concentration of the fluid which shows the PCB

concentration equals or exceeds 50

ppm. PCB mixtures shall be disposed

of in accordance with the requirements of § 761.10.

(li) The requirements of paragraph (f)(1)(i) may be discontinued for a particular system after two consecutive

tests of samples,taken no less than 3

months apart show that the PCB con- centration in that system is'less than

50 ppm. If it is subsequently determined that the PCB concentration in

such a system exceeds 50 ppm, that

system shall then be subject to the re- quirements of paragraph (f)(1)(i) of

this section until the PCB concentration is reduced to below 50 ppm for

two consecutive tests of samples taken no less than three months apart.

(iii) Ninety days after the effective

date of this rule each person who owns a hydraulic die casting system that ever contained a PCB mixture sholl

report to EPA, and retain records of,

the number of systems he owns con· taining PCB mixtures, the type of

each system, and the PCB concentra·

tion of the hydraulic fluid contained

in each'system. This report shall be

sent to the Pesticides and Toxic Sub·

stances Enforcement Division (EN342), Environmental Proteotion

Agency, 401 M Street SW., Washington, D.C. 20460. Eaph person who owns a hydraulic die casting system thnt

contains a PCB mixture shall also

keep a current record of the dll.t~s of

each draining or refilling and the

measured PCB concentration of the

hydraulic fluid in the refilled system on those dates for each system. If any

system is sold, the transaction nnd the

parties thereto shall be reported to

EPA by the seller. At its discretion,

EPA may require the 'submission of n copy of a person's current record.

(Iv> Each report submitted to EPA

under paragraph (f)(l)(iU> of this sec- tion shall contain the certification

found in § 761.31(b)(2).

(v) Each person who owns n hydrnulie die casting system thnt contains n PCB mixture or who services systems or fluid that contain PCBs shall develop and implement a plan for the con- trol of PCB exposure and contaminntion in accordance with annex VII.

Any PCB chemical substdnce or POB

mixture which is stored for use or ser- vicing shall be stored in accordance

with the storage for disposnl requirements of annex III.

(2) Hydraulic die casting systems

that contain PCB mixtures mny be

used and serviced subject to the conditions in paragraph (f)(l) of this sec- tion in the following manner: (i) Hydraulic fluid containing PCB

chemical substance concentrations

equnl to, or greater than, 50 ppm in

die casting systems may be drained

from the system for the purpose of re- ducing the PCB concentration or for

disposnl. PCB mixtures shall be, disposed of in accordance with the re- quirements of § 761.10.

(if) Hydraulic die casting systems

may be flushed and refilled with any

fluid that contains less than 50 ppm

PCB chemical substance.

(iii) Hydraulic fluid removed from

hydraulic die casting systems that con· tains 50 ppm PCB chemical substance, or greater, may be filtered, distilled, or otherwise serviced to reduce the PCB

chemical substance concentrntion

below 50 ppm. • (g) Carbonless copy paper-use. Carbonless copy paper containing PCBs

may be used in a manner other than a tot-ally enclosed manner Until 5 years

after the effective date of this rule.

FEDERAL REGISTER, VOL 43, NO.'llo-WEDNESDAY, JUNE, 7, 1978
HeinOnline -- 43 Fed. Reg. 24817 1978

PROPOSED RULES 24817

Subpart E-Ust of Annexes

6. ~ubpart E is amended by adding

annex No. vn consisting of § 761.46 as

follows:

PCB contamination of these routes and supplies must be immediately

pose. PCB releases that go dlrectly to lI.\'nllable at the PCB servicing site.

surface or ground water pose the Such apparatus must be sufficient to

greatest risk, followed by imminent transfer the liquid contents of a damthreats to surface or ground water, aged article, such as a. transformer, or

land contamination in areas where a damaged container so that a dishumans or significant anlmal JX)pula- charge or release can be stopped or

§ 761.46 PCB exposure and contamination tlons could be exposed, croplands, land the Imminent risk of a discharge or recontrol plans. and areas that could contrIbute to sIg· lease can be prevented by such a trans-

(a) The purpose of a 'PCB exposure ·nlflcant airborne movements of PCB's. fer. Transfers shall be made in appro- The operatIons plan should be espe- prlate containers.

and contamination control plan (PCB cia.lly dlrected to those sItuations (C) Prearranged plans for transportECCP) is to help insure that risks as- where the above analysls shows the in" and .tl~osing of ....y PCB wastes

sociated with activities either author- high t IsIt. 0 ......1' <>U , es r or resIdues at approved PCB disposal ized by or exempted from require- ments of this regulation are mjnimal. (2) A response and control plan that sites.

The plan will require delineation of all described step-by-step procedures to CD) Procedures for removing, consteps and processes involved in an au. be followed when a release of PCB's talning, transporting, and disposing of

thorized or exempted activity and will occurs at a PCB use or servicing oper- large quantities of soll contaminated

inclUde requirements for notification ation. The plan shall include proce- by a PCB release or discharge. of proper authorities and basic steps dures for incidents that range from re- eE) Written Instructions and a profor response to releases, such as spills, leases of PCB's that are captured In crnm. of direct training on at least a.

of PCB's. Specifically, each PCB ECC drip pans to much greater releases, semi-annual basis for all procedures, plan shall contain the,following infor- such as loss of the entire contents of a. equipment, apparatus, tools, or sup- mation: PCB transformer with some or all of plies that could be expected to be used

(1) A written operations plan that the loss escaping the controls estab- in a PCB exposure and contamination

describes step-by-step procedures to be lished in the operations pIan. EIe- control pIan. • followed in the performance of an a.u. ments to be included in the resJX)nsc (b) A copy of the ECC plan shall be

thorized PCB activity. The plan shall plan are: available in each of the following loeabe designed in an appropriate style (i) Procedures for notifying appro- tlons: . and""format to inform and instruct the priate individuals and organIzations of (1) WIth the spill prevention, conperson expected to be performing the a release of PCB's. These procedures tro!. and countermeasure (SPCC) plan

PCB activity. Elements to be included shall include the following: as required by 40 CFR 111.

in the operations plan are: (A) The name of the person(s) re- (2) In the office for the facility

(i) Procedures for assembling and sponsible for coordInating responses to where the servicing is being performed

testing equipment and apparatus such PCB Incidents (designated by the ser· and with other PCB mes at the princias piping, hoses, pumps, valves, fit- vlc1ng and/or using organization). pal office of the servicing organiza.- . tings, etc., in a manner that will pre- (B) Communication systems estab- tion.

vent failures, leaks, spills, or other in. Iished on a 24.hour per day basis to (3) With each group of employees as

cidents that couId result in the release permit expeditious notifications. they perform the actitivies that may of PCB's from the apparatus. (C) The U.s. Coast Guard National result In an exposure or a. contamina-

(li) Procedures for operating ll.Il)' Response Center. telephone No. 800- tion incident.

equipment or apparatus or process in a 424-8802. (c) No PCB activity authorized by

manner that will prevent failures, CD) The Regional EPA Emergency this rule is permitted unless the PCB

leaks, spills, or other incidents that Response Center in the region in ECC plan has been reviewed and certicould result in the release of PCB's. which the release occurs. fied by a registered professional engiThese procedures shall include the use eE) State and local government JX)1· neer. The engineer shall attest that

of catch or drip pans and any other lutlon control authorities and any ap- the PCB contingency pIan has been

devices that will prevent the loss of proprIate emergency response centers. prepared In accordance wIth good enany PCB's during the operations in- (F) Persons indicated In paragraph gineering practice and that the pIan cluding such operations as removing (a)C1)(i)(A) of this section shall be no- complies wIth the protlisions of parapipes or hoses or operating valves or tilled and shall retain records at all reo graphs (a) and (b) of this section.

filling containers. Procedures minimiz. leases of PCB's. All releases' or dis- However, this certification is not deing worker exposure to PCB's during charges that escape from the Immedi· terminative of the plan's adequacy. At

all phases of the operation shall be in- ate work area shall be reported to all its discretion, EPA may review the

cluded. persons and organizations in para- pIan or require a person to demon-

(iii) Procedures for preventing ll.Il)' graphs (a)(l)(f)CA)-(E) of this section. strate that his plan meets the-requirereleases of PCB's that occur from fail. In addition, all reporting requirements ments of paragraphs (a) and (b) ofthis

ures not prevented by paragraphs of 40 CFR 118, the TSCA § 8(e) polley section. If EPA finds that a plan does

Ca)(1)(i) or (li) of this section from statement for reporting of toxies inci· not conform to good engineering pracleaving the immediate work area. dents (43 PH 11110, March 16, 1978), tlce, or if EPA finds that a person is

These procedures shall-include such -and anY other Federal, State, or local not implementing any provision of the

steps as controlling drainage systems reporting requirements must be met. plan, EPA may take any of the followso that PCB's cannot escape from the (ll) Procedures for controlllng, mit!· ing actions:

draiJiage controls in the event of a gating, and cleaning up any releases of (1) EPA may require that a. plan acPCB release during the servicing oper- PCB's. Such procedures shall include ceptable to EPA be written and impleation. These drainage system controls the following: mented. :

could include provisions such as tem. (A) The location and the proper use (2) EPA may suspend a. person's porariIy plugging roof drains during of PCB containers for any collected re- PCB authorization until a pIan acceptPCB servicing operations on tops of sidues of PCB chemical SUbstances, able to EPA is written and implementbuildings or· curbing or diking PCB mixtures, debris, sorbents, rags, etc. ed.

work areas to provide containment of (B) The location of tools, apparatus, (3) EPA may enjoin future conduct

PCB's. In developing these procedures, and supplies for containing pumping whIch may present an unreasonable

an analysis shall be made of the routes and transferlng, and/or sorbing any risk of a PCB expo..-ure or contaminathat a PCB release could follow and PCB's released from any PCB servIe- tlon incident.

the potential environmental risks that ing operations. Such tools, apparatus, [FR Doe. 78-15837 Filed 6-6-78; 8:45 am]

FEDERAL REGISTER. VOL 430 NO. nO-WEDNESDAY, JUNE 7,1971 - -... -- - ~~...~..;~~~.~. ,~
HeinOnline -- 43 Fed. Reg. 24818 1978

24818

• [6560-01]

ENVIRONMENTAL PROTECTION

AGENCY

[890-2]

TOXIC SUBSTANCES CONTROL Ace

Notlflcatlon of Export of Polychlori~ated

Biphynyls and FullyHalogenatedChlorofluoroalkanes Under Sedion 12{b)

AGENCY: Environmental Protection

Agency.

ACTION: Interim procedures.

SUMMARY: This policy statement

provides prelininary guidance for exporters of polychlorinated biphenyls

(PCB's) and fully halogenated chlorofluoroalkanes . (chlorofluorocarbons)

on how to comply with section 12(b)(2)

of the Toxic Substances Control Act,

15 U.S.C. 2611. Section 12(b)(2) states,

in part, that any person who exports

or intends to export to a foreign country a chemical substance or mixture

for Which a rule has been proposed or

promulgated under section 6 shall

notify the Administrator of such exportation or intent to export, and directs the Administrator to furilish the

government of that. country notice of

such rule.

DATE: This policy is in effect as of

June 7, 1978.

FOR FURTHER INFORMATION

CONTACT: .

Margaret E. Brown, Chemical Information DiviSion, Office of Toxic

.sUbstances (TS-793), Environmental

Protection Agency, 401 M Street

SW., Washington, D.C. 20460, 202-

426-4790.

. NOTICES

SUPPLEMENTAL INFORMATION:

Rules under section 6 of the Toxic

Substances Control Act have been promulgated for chlorofluorocarbons (40

CFR 762; 43 FR 11324, March 17,

1978), and for, marking and disPosal of

PCB's (40 CFR 761; 43 FR 7150, February 17, 1978). A section 6 rule is

being proposed to ban PCBs in today's

FEDERAL REGISTER. The procedures described herein provide interim guidance for complying with section

12(b)(2), and apply only to submission

of.section 12(b)(2) notices for PCB's

and chlorofluorocarbons.

Final guidance, whiCh will supersede

these' procedures, is currently being

drafted. Public comments will be formally solicited prior to a revision of

these procedures.

This notice is procedural guidance

an.d hence is exempt from the notice

and public comment provisions of the

Administrative Procedure Act, 5 U.S.C.

553.

Dat~d: May 22, 1978.

DOUGLAS M. COSTLE,

Administrator.

I. REQUIREMENT FOR SUBMISSION OF

NOTICE OF EXPORT

Notice is required for the export of

all chlorofluorocarbon substances and

mixtures and for all PCB's (as defined

at 40 CFR 761.2) except for PCB

equipment. Because of the special

scope \of the PCB rule required by

TSCA section 6(e), EPA believes that

PCB substances, mixtures, articles,

containers, equipment, article containers, and pca coatings, sealants and

dust-- control agents (as defined at 40

CFR 761.2 and in today's FEDERAL REGISTER) are all subject to section

12(b)(2). However, because of the ex·

tremely small amounts of PCBs pres·

ent in individual equipment (SUch as

television sets) EPA has concluded no·

tification of exports of PCB equip·

ment would be excessively burden·

some. Hence, such notification is not

required under these interim. proce·

dures.

II. CONTENTS OF NOTICE

This notice must contain (1) A state·

ment that it is being submitted pursu.

ant to section 12(b)(2) and 40 CPR

part 762 or section 12(b)(2) and pro· posed 40 CFR part 761.2 as approprI·

ate, (2) the name and address of tho

eXPl?rter, (3) the dates of each ship.

ment or intended shipment, and (4)

the country' to which the fully haloge·

nated chlorofluoroalkanes or PCB's

are being exported.

III. SUBMISSION OF NOTICE

The notice is to be submitted to the

Document Control Officer, Chemical

Information Division, Office of Toxic

Substances (T8-793), Environmental

Prote?tion Agency, 401 M Street SW.,

Washmgton, D.C. 20460.

IV. CONFIDENTIALITY

Persons submitting the information

specified in Part II may assert a claim

of business confidentiality by marking

this information as "TSCA Confiden·

tial Business Information." Informa·

tion so marked will not be disclosed

except in accordance with the proce·

dures set forth in 40 CPR Part 2. If .such claim is not asserted, EPA may

'disclose the information without pro·

viding notice of disclosure or an oppor· tunity to object.

[PR Doc. 78-15838 Filed 6-8-78: 8:45 am]

FEDERAL REGISTER, VOL. 43, NO. nO-WEDNESDAY, JUNE 7, 1978