[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Rules and Regulations]
[Pages 33867-33868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13856]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[EPA-HQ-RCRA-2013-0396; FRL-9912-25-OSWER]
RIN 2050-AG79
Polychlorinated Biphenyls (PCBs): Manufacturing (Import)
Exemption for the Defense Logistics Agency (DLA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of Direct final rule and Notice of Informal Hearing.
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SUMMARY: On April 2, 2014, the U.S. Environmental Protection Agency
(EPA or the agency) took direct final action on a petition submitted by
the U.S. Defense Logistics Agency (DLA) to allow DLA to import foreign-
manufactured polychlorinated biphenyls (PCBs) from Japan effective on
July 1, 2014, unless EPA received adverse written comments or a request
to hold an informal hearing. Because EPA received an adverse comment,
as well as a request for an informal hearing, we are withdrawing the
direct final rule titled, ``Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for the Defense Logistics Agency
(DLA).'' This notice also announces the time and location of that
hearing.
DATES: Effective June 13, 2014, EPA withdraws the direct final rule
[[Page 33868]]
published at 79 FR 18471 on April 2, 2014. The informal hearing will
take place on Tuesday, July 8, 2014, from 9 a.m. to 1 p.m. All those
wishing to provide oral comments at the hearing must send a written
request to EPA. Requests must be received on or before July 1, 2014.
ADDRESSES: The hearing will be held at the EPA building at 2777 South
Crystal Drive, Arlington, Virginia 22202. The hearing will be on the
4th floor in conference room North 4850/70.
Requests to Participate: A request to provide oral comments at the
informal hearing must be received by the Hearing Clerk on or before
July 1, 2014 by one of the following methods:
Email: Requests may be sent by electronic mail to
[email protected].
Fax: Requests may be faxed to (703) 308-0514, Attention:
William Noggle; Docket ID No. EPA-HQ-RCRA-2013-0396.
Mail: Requests may be sent to William Noggle, U.S. EPA,
1200 Pennsylvania Avenue NW., Washington, DC 20460, Mail Code 5304P,
Attention: Docket ID No. EPA-HQ-RCRA-2013-0396. Note that mail sent to
EPA is subject to significant delays due to security screening, so
please plan for additional delivery time.
Hand Delivery: Requests may be hand delivered to William
Noggle, U.S. EPA, Office of Resource Conservation and Recovery, Two
Potomac Yard, 2733 South Crystal Drive, 5th Floor, N5612, Arlington, VA
22202. Such deliveries are only accepted during the business hours from
9 a.m. to 5 p.m., Monday through Friday, excluding legal holidays.
Please call William Noggle at 703-347-8769 prior to delivery.
Instructions: Please see http://www.epa.gov/epawaste/hazard/tsd/pcbs/dlapcb.htm for the type of information that must be included in
the request to provide oral comments at the informal hearing, who may
participate, as well as the procedures that EPA will follow in
conducting the informal hearing. Please note that oral comments will be
heard from those persons who have requested to participate in the
hearing. Members of the public can attend without prior notification to
the Hearing Clerk, but they will not be part of the hearing schedule to
give presentations and/ or oral comments. However, attendees not on the
hearing schedule may be permitted to speak if time allows. Also note
that the advance participation requests will assist in planning for the
hearing. Additionally, the time for individual presentations may be
limited, depending on the number of requests received.
Individuals requiring special accommodation at this hearing,
including wheelchair access or hearing impaired accommodations, should
contact the Hearing Clerk by email, [email protected], or
telephone, (703) 347-8769, at least five (5) business days prior to the
hearing so that appropriate arrangements can be made.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the RCRA Docket, EPA/DC, WJC West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the RCRA Docket is (202) 566-
0270.
FOR FURTHER INFORMATION CONTACT: William Noggle, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
Mail Code 5304P; at (703) 347-8769 or [email protected].
SUPPLEMENTARY INFORMATION: On April 23, 2013, EPA received a petition
from the U.S. Defense Logistics Agency (DLA), a component of the United
States Department of Defense (DoD), to import foreign-manufactured PCBs
that DoD currently owns in Japan for disposal in the United States. In
response to that petition, on April 2, 2014, EPA issued a direct final
rule (79 FR 18471) and parallel proposed rule (79 FR 18497), to grant
the request and provided a 30-day public comment period. During the
comment period, EPA received an adverse comment as well as a request to
hold an informal hearing.
Withdrawal of Direct Final Rule: Because EPA received adverse
comment, as well as a request to hold an informal hearing, we are
withdrawing the direct final rule. We stated in the direct final rule
that if we received adverse comment on the proposed rule by May 2,
2014, the direct final rule would not take effect and we would publish
a timely withdrawal in the Federal Register. We subsequently received
adverse comment on that direct final rule, which will be considered as
part of the parallel proposed rule.
Notice of Informal Hearing: EPA is granting a request from a member
of the public to hold an informal hearing to receive oral comments on
the proposed regulation. The procedures for rulemaking under section 6
of the Toxic Substances Control Act (TSCA) are found at 40 CFR part
750. Specific procedures for manufacturing (import) exemptions are
identified in 40 CFR part 750, subpart B, and the procedures for
participation in and the conduct of informal hearings are found at 40
CFR 750.18-750.20. Please see EPA's Web site at http://www.epa.gov/epawaste/hazard/tsd/pcbs/dlapcb.htm for the specific procedures for the
informal hearing and the most current information on the hearing
timeline.
Please note that all dates for the hearing process are subject to
change. Individuals interested in this hearing and rulemaking should
check the Web site for the most current information.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous substances, Polychlorinated
biphenyls.
Dated: June 6, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
Accordingly, EPA withdraws the amendment to 40 CFR 761.80(j),
published in the Federal Register on April 2, 2014 (79 FR 18471), as of
June 13, 2014.
[FR Doc. 2014-13856 Filed 6-12-14; 8:45 am]
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