Polychlorinated Biphenyl (PCB) Site Revitalization Guidance Under the Toxic Substances Control Act (TSCA); Notice of Availability, 16703-16704 [06-3206]
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Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Rules and Regulations
authorized by law and regulations for
other civilian employees of the EPA. If
an Environmental Protection Research
fellow dies during the term of a
fellowship, and the place of residence
that was left by the fellow to accept the
fellowship was outside the continental
United States, the payment of expenses
of preparing the remains for burial and
transporting them to the place of
residence for interment may be
authorized. In the case of deceased
fellows whose place of residence was
within the continental United States,
payment of the expenses of preparing
the remains and transporting them to
the place of residence for interment may
be authorized as provided for other
civilian employees of the Agency.
(c) Benefits. In addition to other
benefits provided herein, Environmental
Protection Research fellows shall be
entitled to benefits as provided by law
or regulation for other civilian
employees of the Agency.
(d) Training. Environmental
Protection Research fellows are eligible
for training at Government expense on
the same basis as other Agency
employees.
§ 18.9 Duration of Environmental
Protection Research Fellowships.
Initial appointments to Environmental
Protection Research fellowships may be
made for varying periods not in excess
of 5 years. Such an appointment may be
extended for varying periods not in
excess of 5 years for each period in
accordance with procedures and
requirements established by the
Administrator or designee.
rwilkins on PROD1PC63 with RULES
§ 18.10 Appointment of Special Research
Consultants for Environmental Protection.
(a) Purpose. When the EPA requires
the services of consultants with
expertise in environmental sciences or
engineering who cannot be obtained
when needed through regular civil
service appointment or under the
compensation provisions of the
Classification Act of 1949, Special
Research Consultants may be appointed
to assist and advise in the operations of
the EPA, subject to the provisions of the
following paragraphs and in accordance
with such instructions as may be issued
from time to time by the Administrator
or designee.
(b) Appointments. Appointments,
pursuant to the provisions of this
section, may be made by those officials
in the EPA to whom authority has been
delegated by the Administrator or
designee.
(c) Compensation. The per diem or
other rates of compensation shall be
fixed by the appointing officer in
VerDate Aug<31>2005
17:57 Apr 03, 2006
Jkt 208001
accordance with criteria established by
the Administrator or designee.
16703
ENVIRONMENTAL PROTECTION
AGENCY
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
Rebecca Woods or Sara McGurk,
National Program Chemicals Division
(7404T), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 566–1277 or (202) 566–
0480; e-mail address:
woods.rebecca@epa.gov or
mcgurk.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 761
I. General Information
[EPA–HQ–OPPT–2004–0123; FRL–7687–9]
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you own or acquire real
property that has been contaminated
with PCBs. The requirements for
cleanup and disposal of PCB
remediation waste are codified at 40
CFR 761.50(b)(3) and 761.61 and are
applicable to the cleanup of wastes
resulting from the disposal (e.g., spills,
leaks, or any uncontrolled discharge) of
liquids containing PCBs. Since the PCB
regulations promulgated under section
6(e) of TSCA are not delegable, these
Federal requirements serve as the
baseline for the management of PCB
wastes. Potentially affected entities may
include, but are not limited to:
• Oil and Gas Extraction (NAICS code
21111), e.g., Former and existing
facilities with surfaces contaminated by
PCBs.
• Electric Power Generation,
Transmission and Distribution (NAICS
code 2211), e.g., Former and existing
facilities with surfaces contaminated by
PCBs.
• Construction (NAICS code 23), e.g.,
Former and existing facilities with
surfaces contaminated by PCBs.
• Food Manufacturing (NAICS code
311), e.g., Former and existing facilities
with surfaces contaminated by PCBs.
• Paper Manufacturing (NAICS code
322), e.g., Former and existing facilities
with surfaces contaminated by PCBs.
• Petroleum and Coal Products
Manufacturing (NAICS code 324), e.g.,
Former and existing facilities with
surfaces contaminated by PCBs.
• Primary Metal Manufacturing
(NAICS code 331), e.g., Former and
existing facilities with surfaces
contaminated by PCBs.
• Rail Transportation (NAICS code
48211), e.g.,Former and existing
facilities with surfaces contaminated by
PCBs.
§ 18.11 Standards of Conduct and
Financial Disclosure.
All individuals appointed to an
Environmental Protection Research
Fellowship or as a Special Research
Consultant shall be subject to the same
current standards and disclosure
regulations and requirements as Title 5
appointees.
[FR Doc. 06–3204 Filed 4–3–06; 8:45 am]
BILLING CODE 6560–50–P
Polychlorinated Biphenyl (PCB) Site
Revitalization Guidance Under the
Toxic Substances Control Act (TSCA);
Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
SUMMARY: The Agency is making
available a guide for complying with the
Toxic Substances Control Act (TSCA)
regulations for the cleanup and disposal
of polychlorinated biphenyl (PCB)
contamination. In August 2003, EPA
determined that the distribution in
commerce of real property contaminated
with PCBs is not a prohibited
distribution in commerce of PCBs. As a
result, the transfer in ownership of
contaminated real property may serve to
expedite cleanup efforts of
contaminated properties and result in
increased opportunities for economic
redevelopment of land that otherwise
would remain barren and unsightly. The
guidance document, ‘‘Polychlorinated
Biphenyl (PCB) Site Revitalization
Guidance Under the Toxic Substances
Control Act (TSCA),’’ will assist
individuals in navigating the TSCA PCB
regulations in 40 CFR part 761 for
relevant PCB cleanup and disposal
requirements. It should be useful to
individuals who are planning or are
engaged in PCB remediation activities
(e.g., the redevelopment of sites with
PCB contamination), as well as State
environmental officials who are
implementing State response programs,
in complying with the PCB waste
management requirements promulgated
under section 6(e) of TSCA.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\04APR1.SGM
04APR1
16704
Federal Register / Vol. 71, No. 64 / Tuesday, April 4, 2006 / Rules and Regulations
rwilkins on PROD1PC63 with RULES
• Lessors of Real Estate (NAICS code
5311), e.g., Former and existing facilities
with surfaces contaminated by PCBs.
• Professional, Scientific and
Technical Services (NAICS code 54),
e.g., Testing laboratories, environmental
consulting.
• Waste Treatment and Disposal
(NAICS code 5622), e.g., Former and
existing facilities with surfaces
contaminated by PCBs.
• Repair and Maintenance (NAICS
code 811), e.g., Repair and maintenance
of appliances, machinery, and
equipment.
• Public Administration (NAICS code
92), e.g., Federal, State, and local
agencies.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
Unit II. If you have any questions
regarding the applicability of this action
to a particular entity, consult either
technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2004–0123. Publicly available
docket materials are available
electronically at https://
www.regulations.gov or in hard copy at
the OPPT Docket, EPA Docket Center
(EPA/DC), EPA West, Rm. B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center 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 OPPT Docket is (202)
566–0280.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This action announces the availability
of a guidance document entitled,
Polychlorinated Biphenyl (PCB) Site
VerDate Aug<31>2005
17:57 Apr 03, 2006
Jkt 208001
Revitalization Guidance Under the
Toxic Substances Control Act (TSCA).
This guidance document was developed
to provide assistance to individuals who
need to navigate the TSCA PCB
regulations for the requirements
applicable to the cleanup and disposal
of PCB remediation waste. As guidance,
this document presents existing
requirements and is not intended to
impose any new requirements. The
primary focus of this guidance is the
self-implementing aspects of the PCB
remediation waste provision at 40 CFR
761.61 which governs the management
of PCB waste generated as the result of
PCB spills and associated cleanup
activities.
Polychlorinated biphenyls are a class
of 209 synthetic compounds which have
no known counterpart in the natural
environment. They were first
manufactured for commercial use in
1929 under the brand name ‘‘Arochlor.’’
PCBs have been used in many electrical
devices due to their superior cooling,
insulating, and dielectric properties. In
addition, PCBs have been used in
various products for example as
plasticizers, pesticide extenders, flame
retardants and fillers. The unique
combination of physical and chemical
properties of PCBs, which made them so
valuable commercially, are the same
traits that make releases
environmentally detrimental (e.g., very
stable compounds which resist
breakdown from high temperatures and
aging; are not biodegradable and are
therefore persistent in the environment;
are not considered volatile; are odorless
unless mixed with other solvents and
additives). The Toxic Substances
Control Act, enacted October 1976,
mandated specific prohibitions and/or
restrictions on the manufacture,
processing, use, and distribution in
commerce of PCBs, and any
combination of those activities (see
section 6(e) of TSCA). Regulations
implementing these requirements are
promulgated at 40 CFR part 761.
The Agency anticipates this guidance
will be beneficial to individuals who
want to use the self-implementing
cleanup procedures and to State
environmental officials who are
implementing voluntary cleanup and
response programs, and seek to be in
compliance with the Federal
requirements under TSCA for PCB
remediation waste management
activities. Finally, the guidance
document provides EPA’s interpretation
of the use authorization for
contaminated porous surfaces at 40 CFR
761.30(p) in light of the Court’s ruling
in Utility Solid Waste Activities Group
v. EPA, 236 F.3d 749 (D.C. Circuit 2001)
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(USWAG). In USWAG, the Court
vacated a technical amendment to the
use authorization for porous surfaces
because the amendment was not
promulgated through notice and
comment rulemaking (see the Federal
Register of June 20, 2003 (68 FR 36927)
(FRL–7314–2) for additional background
information). In the future, EPA plans to
initiate notice and comment rulemaking
to further clarify the applicability of the
use authorization for contaminated
porous surfaces.
Copies of the guidance document are
available from these sources:
1. The Agency’s PCB website at https://
www.epa.gov/pcb under ‘‘Interpretive
Guidance.’’
2. https://www.regulations.gov.
3. The TSCA Assistance Information
Service (TAIS), call (202) 554–1404 or
send an e-mail to TSCAHotline@epa.gov.
4. Either technical person listed under
FOR FURTHER INFORMATION CONTACT.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous
substances, Labeling, Polychlorinated
biphenyls (PCBs), Reporting and
recordkeeping requirements.
Dated: March 23, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of
Prevention, Pesticides and Toxic Substances.
[FR Doc. 06–3206 Filed 4–3–06; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7784]
List of Communities Eligible for the
Sale of Flood Insurance
Mitigation Division, Federal
Emergency Management Agency
(FEMA), Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities that are participating and
suspended from the National Flood
Insurance Program (NFIP). These
communities have applied to the
program and have agreed to enact
certain floodplain management
measures. The communities’
participation in the program authorizes
the sale of flood insurance to owners of
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 71, Number 64 (Tuesday, April 4, 2006)]
[Rules and Regulations]
[Pages 16703-16704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3206]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[EPA-HQ-OPPT-2004-0123; FRL-7687-9]
Polychlorinated Biphenyl (PCB) Site Revitalization Guidance Under
the Toxic Substances Control Act (TSCA); Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Agency is making available a guide for complying with the
Toxic Substances Control Act (TSCA) regulations for the cleanup and
disposal of polychlorinated biphenyl (PCB) contamination. In August
2003, EPA determined that the distribution in commerce of real property
contaminated with PCBs is not a prohibited distribution in commerce of
PCBs. As a result, the transfer in ownership of contaminated real
property may serve to expedite cleanup efforts of contaminated
properties and result in increased opportunities for economic
redevelopment of land that otherwise would remain barren and unsightly.
The guidance document, ``Polychlorinated Biphenyl (PCB) Site
Revitalization Guidance Under the Toxic Substances Control Act
(TSCA),'' will assist individuals in navigating the TSCA PCB
regulations in 40 CFR part 761 for relevant PCB cleanup and disposal
requirements. It should be useful to individuals who are planning or
are engaged in PCB remediation activities (e.g., the redevelopment of
sites with PCB contamination), as well as State environmental officials
who are implementing State response programs, in complying with the PCB
waste management requirements promulgated under section 6(e) of TSCA.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
For technical information contact: Rebecca Woods or Sara McGurk,
National Program Chemicals Division (7404T), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 566-1277 or (202) 566-0480; e-mail address: woods.rebecca@epa.gov
or mcgurk.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you own or
acquire real property that has been contaminated with PCBs. The
requirements for cleanup and disposal of PCB remediation waste are
codified at 40 CFR 761.50(b)(3) and 761.61 and are applicable to the
cleanup of wastes resulting from the disposal (e.g., spills, leaks, or
any uncontrolled discharge) of liquids containing PCBs. Since the PCB
regulations promulgated under section 6(e) of TSCA are not delegable,
these Federal requirements serve as the baseline for the management of
PCB wastes. Potentially affected entities may include, but are not
limited to:
Oil and Gas Extraction (NAICS code 21111), e.g., Former
and existing facilities with surfaces contaminated by PCBs.
Electric Power Generation, Transmission and Distribution
(NAICS code 2211), e.g., Former and existing facilities with surfaces
contaminated by PCBs.
Construction (NAICS code 23), e.g., Former and existing
facilities with surfaces contaminated by PCBs.
Food Manufacturing (NAICS code 311), e.g., Former and
existing facilities with surfaces contaminated by PCBs.
Paper Manufacturing (NAICS code 322), e.g., Former and
existing facilities with surfaces contaminated by PCBs.
Petroleum and Coal Products Manufacturing (NAICS code
324), e.g., Former and existing facilities with surfaces contaminated
by PCBs.
Primary Metal Manufacturing (NAICS code 331), e.g., Former
and existing facilities with surfaces contaminated by PCBs.
Rail Transportation (NAICS code 48211), e.g.,Former and
existing facilities with surfaces contaminated by PCBs.
[[Page 16704]]
Lessors of Real Estate (NAICS code 5311), e.g., Former and
existing facilities with surfaces contaminated by PCBs.
Professional, Scientific and Technical Services (NAICS
code 54), e.g., Testing laboratories, environmental consulting.
Waste Treatment and Disposal (NAICS code 5622), e.g.,
Former and existing facilities with surfaces contaminated by PCBs.
Repair and Maintenance (NAICS code 811), e.g., Repair and
maintenance of appliances, machinery, and equipment.
Public Administration (NAICS code 92), e.g., Federal,
State, and local agencies.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II. If you have
any questions regarding the applicability of this action to a
particular entity, consult either technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2004-0123. Publicly
available docket materials are available electronically at https://
www.regulations.gov or in hard copy at the OPPT Docket, EPA Docket
Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center 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 OPPT Docket is (202) 566-
0280.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This action announces the availability of a guidance document
entitled, Polychlorinated Biphenyl (PCB) Site Revitalization Guidance
Under the Toxic Substances Control Act (TSCA). This guidance document
was developed to provide assistance to individuals who need to navigate
the TSCA PCB regulations for the requirements applicable to the cleanup
and disposal of PCB remediation waste. As guidance, this document
presents existing requirements and is not intended to impose any new
requirements. The primary focus of this guidance is the self-
implementing aspects of the PCB remediation waste provision at 40 CFR
761.61 which governs the management of PCB waste generated as the
result of PCB spills and associated cleanup activities.
Polychlorinated biphenyls are a class of 209 synthetic compounds
which have no known counterpart in the natural environment. They were
first manufactured for commercial use in 1929 under the brand name
``Arochlor.'' PCBs have been used in many electrical devices due to
their superior cooling, insulating, and dielectric properties. In
addition, PCBs have been used in various products for example as
plasticizers, pesticide extenders, flame retardants and fillers. The
unique combination of physical and chemical properties of PCBs, which
made them so valuable commercially, are the same traits that make
releases environmentally detrimental (e.g., very stable compounds which
resist breakdown from high temperatures and aging; are not
biodegradable and are therefore persistent in the environment; are not
considered volatile; are odorless unless mixed with other solvents and
additives). The Toxic Substances Control Act, enacted October 1976,
mandated specific prohibitions and/or restrictions on the manufacture,
processing, use, and distribution in commerce of PCBs, and any
combination of those activities (see section 6(e) of TSCA). Regulations
implementing these requirements are promulgated at 40 CFR part 761.
The Agency anticipates this guidance will be beneficial to
individuals who want to use the self-implementing cleanup procedures
and to State environmental officials who are implementing voluntary
cleanup and response programs, and seek to be in compliance with the
Federal requirements under TSCA for PCB remediation waste management
activities. Finally, the guidance document provides EPA's
interpretation of the use authorization for contaminated porous
surfaces at 40 CFR 761.30(p) in light of the Court's ruling in Utility
Solid Waste Activities Group v. EPA, 236 F.3d 749 (D.C. Circuit 2001)
(USWAG). In USWAG, the Court vacated a technical amendment to the use
authorization for porous surfaces because the amendment was not
promulgated through notice and comment rulemaking (see the Federal
Register of June 20, 2003 (68 FR 36927) (FRL-7314-2) for additional
background information). In the future, EPA plans to initiate notice
and comment rulemaking to further clarify the applicability of the use
authorization for contaminated porous surfaces.
Copies of the guidance document are available from these sources:
1. The Agency's PCB website at https://www.epa.gov/pcb under
``Interpretive Guidance.''
2. https://www.regulations.gov.
3. The TSCA Assistance Information Service (TAIS), call (202) 554-
1404 or send an e-mail to TSCA-Hotline@epa.gov.
4. Either technical person listed under FOR FURTHER INFORMATION
CONTACT.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous substances, Labeling,
Polychlorinated biphenyls (PCBs), Reporting and recordkeeping
requirements.
Dated: March 23, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. 06-3206 Filed 4-3-06; 8:45 am]
BILLING CODE 6560-50-S