[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54863-54864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21675]



40 CFR Part 761

[EPA-HQ-RCRA-2011-0524 [FRL-9703-2]]
RIN 2050-AG71

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The Environmental Protection Agency (``EPA'' or ``the 
Agency'') is issuing this proposed rule to update and clarify several 
sections of the Polychlorinated Biphenyl (PCB) regulations associated 
with the manifesting requirements, which uses the Resource Conservation 
and Recovery Act (RCRA) Uniform Hazardous Waste Manifest, under the 
Toxic Substances Control Act (TSCA). Today's changes are to match, as 
much as possible, the manifesting requirements for PCBs under TSCA to 
the manifesting requirements for hazardous waste under RCRA, of which 
the regulatory changes to implement the Uniform Hazardous Waste 
Manifest form were promulgated on March, 4, 2005.

DATES: Written comments must be received by November 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0524, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected] and [email protected]. 
Attention Docket ID No. EPA-HQ-RCRA-2011-0524.
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-
     Mail: RCRA Docket (28221T), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-RCRA-2011-0524. Please include a total of 2 
     Hand Delivery: Please deliver 2 copies to the EPA Docket 
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0524. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the HQ-Docket Center, 
Docket ID No EPA-HQ-RCRA-2011-0524, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The EPA Docket Center 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. A reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: William Noggle, U.S. Environmental

[[Page 54864]]

Protection Agency, Office of Resource Conservation and Recovery, (MC: 
5304P), 1200 Pennsylvania Avenue NW., Washington, DC 20460, Phone: 703-
347-8769; or by email: [email protected].


Table of Contents

I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Statutory and Executive Order Reviews

I. Why is EPA using this proposed rule?

    This document proposes a number of revisions to 40 Code of Federal 
Regulations (CFR) part 761 of the PCB regulations. In the ``Rules and 
Regulations'' section of this Federal Register, EPA is making these 
changes as a direct final rule without a prior proposed rule because we 
view this as a noncontroversial action and anticipate no adverse 
comment. We have explained our reasons for this action, including our 
reasons to all of the specific amendments, in the preamble to the 
direct final rule. Additionally, the amendments to the regulatory text 
for this proposed rule can also be found in the direct final rule. If 
we receive no adverse comment on any of the changes we are promulgating 
today, we will not take further action on this proposed rule. If, 
however, we receive such comment, we will publish a timely withdrawal 
in the Federal Register informing the public that these amendments will 
not take effect, and the reason for such withdrawals. We do not intend 
to institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. EPA will address 
public comments in any subsequent final rule. For further information, 
please see the information provided in the ADDRESSES section of this 

II. Does this action apply to me?

    The discussion of the potentially affected entities by this 
proposed rule can be found in the preamble to the direct final rule.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the direct final rule in the ``Rules and 
Regulations'' section of this Federal Register.
    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that is 
primarily engaged in hazardous waste treatment and disposal as defined 
by NAICS code 562211, with annual receipts of less than 12.5 million 
dollars (based on Small Business Administration size standards); (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This rule 
merely updates the existing regulations for manifesting PCB wastes to 
match the existing Uniform Hazardous Waste Manifest form. Once updated, 
the regulations will match what is currently being conducted by 

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Manifest, 
Polychlorinated biphenyls, Reporting and recordkeeping requirements.

    Dated: August 17, 2012.
Lisa Feldt,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
[FR Doc. 2012-21675 Filed 9-5-12; 8:45 am]