Transfer of Polychlorinated Biphenyl Cleanup and Disposal Program from the Office of Prevention, Pesticides and Toxic Substances to the Office of Solid Waste and Emergency Response, 57235-57241 [E7-19841]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Rules and Regulations]
[Pages 57235-57241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19841]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Parts 750 and 761

[EPA-HQ-OPPT-2007-0425; FRL-8150-6]


Transfer of Polychlorinated Biphenyl Cleanup and Disposal Program 
from the Office of Prevention, Pesticides and Toxic Substances to the 
Office of Solid Waste and Emergency Response

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 57236]]

SUMMARY: EPA is transferring the management of the polychlorinated 
biphenyl (PCB) cleanup program and most of the PCB disposal program 
from the Office of Prevention, Pesticides and Toxic Substances (OPPTS) 
to the Office of Solid Waste and Emergency Response (OSWER). This final 
rule is a rule of agency organization, procedure, or practice. It makes 
minor amendments to 40 CFR parts 750 and 761, to update certain titles, 
organization references, and mailing and website addresses so that 
required procedures for providing information and seeking approvals 
will be consistent with EPA's new internal organization for managing 
the PCB program. OPPTS currently manages the PCB program under the 
Toxic Substances Control Act (TSCA) and its regulations. OSWER is the 
office within EPA that manages most cleanup and disposal activities 
under the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). After 
the administrative transfer is completed, OSWER will oversee most 
issues pertaining to PCB cleanup and disposal under TSCA, RCRA, and 
CERCLA, as appropriate; OPPTS will continue to oversee other issues 
pertaining to PCBs (e.g., issues pertaining to PCB use) under TSCA. The 
transfer of the management of the PCB cleanup and disposal program from 
OPPTS to OSWER will consolidate administration of cleanup and disposal 
activities within one office. The transfer will not make any 
substantive changes to the regulatory requirements or standards for PCB 
cleanup and disposal under TSCA.

DATES:  This final rule is effective October 9, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2007-0425. All documents in the 
docket are listed in the docket index available in regulations.gov. To 
access the electronic docket, go to https://www.regulations.gov, select 
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID 
number where indicated and select the ``Submit'' button. Follow the 
instructions on the regulations.gov website to view the docket index or 
access available documents. 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 electronically at https://www.regulations.gov, 
or, if only available in hard copy, at the OPPT Docket. The OPPT Docket 
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West 
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays. The telephone number of the 
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number 
for the OPPT Docket is (202) 566-0280. Docket visitors are required to 
show photographic identification, pass through a metal detector, and 
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC 
badge that must be visible at all times in the building and returned 
upon departure.

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: 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) 566-0480; e-mail 
address: mcgurk.sara@epa.gov.
    Vernon Myers, Permits and State Programs Division, Office of Solid 
Waste (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460-0001; telephone number: (703) 308-8660; e-
mail address: myers.vernon@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

    You may be potentially affected by this action if you manufacture, 
process, distribute in commerce, use, cleanup, transport, store, or 
dispose of PCBs or materials containing PCBs. Potentially affected 
entities may include, but are not limited to:
     Oil and gas extraction (NAICS code 21111), e.g., operating 
or closed facilities that use, contain, or dispose of PCBs or PCB 
wastes.
     Electric power generation, transmission, and distribution 
(NAICS code 2211), e.g., operating or closed facilities that use, 
contain, or dispose of PCBs or PCB wastes.
     Construction (NAICS code 23), e.g., operating or closed 
facilities that use, contain, or dispose of PCBs or PCB wastes.
     Food manufacturing (NAICS code 311), e.g., operating or 
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Paper manufacturing (NAICS code 322), e.g., operating or 
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Petroleum and coal products manufacturing (NAICS code 
324), e.g., operating or closed facilities that use, contain, or 
dispose of PCBs or PCB wastes.
     Chemical manufacturing (NAICS code 325), e.g., operating 
or closed facilities that use, contain, or dispose of PCBs or PCB 
wastes.
     Plastics and rubber manufacturing (NAICS code 326), e.g., 
operating or closed facilities that use, contain, or dispose of PCBs or 
PCB wastes.
     Primary metal manufacturing (NAICS code 331), e.g., 
operating or closed facilities that use, contain, or dispose of PCBs or 
PCB wastes.
     Machinery manufacturing (NAICS code 333), e.g., operating 
or closed facilities that use, contain, or dispose of PCBs or PCB 
wastes.
     Computer and electronics product manufacturing (NAICS code 
334), e.g., operating or closed facilities that use, contain, or 
dispose of PCBs or PCB wastes.
     Electrical equipment, appliance, and component 
manufacturing (NAICS code 335), e.g., operating or closed facilities 
that use, contain, or dispose of PCBs or PCB wastes.
     Transportation equipment manufacturing (NAICS code 336), 
e.g., operating or closed facilities that use, contain, or dispose of 
PCBs or PCB wastes.
     Rail transportation (NAICS code 48211), e.g., operating or 
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Lessors of real estate (NAICS code 5311), e.g., operating 
or closed facilities that use, contain, or dispose of PCBs or PCB 
wastes.
     Waste collection (NAICS code 5621), e.g., operating or 
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Waste treatment and disposal (NAICS code 5622), e.g., 
operating or closed facilities that use, contain, or dispose of PCBs or 
PCB wastes.
     Remediation and other waste management services (NAICS 
code 5629), e.g., operating or closed facilities

[[Page 57237]]

that use, contain, or dispose of PCBs or PCB wastes.
     Repair and maintenance (NAICS code 811), e.g., operating 
or closed facilities that use, contain, or dispose of PCBs or PCB 
wastes.
     Public administration (NAICS code 92), e.g., operating or 
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
    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 40 CFR parts 750 and 
761. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical persons listed 
under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    This final rule is an agency organization, procedure, or practice 
rule which amends 40 CFR parts 750 and 761 to replace certain OPPTS 
contact information with OSWER contact information. This final rule 
will not make substantive changes to the PCB regulations under TSCA. 
Rather it will amend the regulations to provide the appropriate contact 
information so that required procedures for providing information and 
seeking approvals will be consistent with EPA's new internal 
organization for managing the PCB program. In the regulatory text, 
``EPA'' is identified as the entity with decisionmaking authority for 
certain approvals or determinations. Specific EPA officials will be 
authorized to exercise these authorities on behalf of the Agency 
pursuant to internal delegations. Instructions for the submission of 
materials required for approvals and determinations are specifically 
set forth in the regulatory text.
    This rule is necessary because EPA is transferring the management 
of the PCB cleanup program and most of the PCB disposal program from 
OPPTS to OSWER. Given OSWER's role in ensuring environmentally sound 
waste storage, treatment, cleanup, and disposal, the administrative 
transfer will consolidate the administration and implementation of 
cleanup and disposal programs within that office, which will maximize 
the use of the Agency's limited resources. EPA believes that the 
transfer of the PCB cleanup and disposal program from OPPTS to OSWER is 
a natural fit. Further, the transfer is consistent with EPA's goals 
pursuant to the One Cleanup Program, which operates to improve the 
coordination, speed, and effectiveness of cleanups at the nation's 
contaminated sites, as well as the Agency's overall goal to protect 
human health and the environment.
    After the administrative transfer is completed, OSWER will oversee 
issues pertaining to PCB cleanup and disposal, storage for disposal, 
processing related to disposal, distribution in commerce related to 
disposal or processing for disposal, and decontamination under TSCA, 
RCRA, and CERCLA, as appropriate. OPPTS will continue to oversee issues 
pertaining to PCB use, storage for use or reuse, manufacture, 
processing related to manufacture and use, and distribution in commerce 
related to use or processing for use under TSCA. OSWER will implement 
PCB cleanup and disposal under TSCA and its regulations as they 
currently exist. Thus, PCB cleanup and disposal under TSCA will 
continue to be a federally implemented program. Where cleanup and 
disposal approvals and renewals are concerned, current approvals will 
continue as currently written and renewals will be processed as 
scheduled. OSWER will receive any new applications for cleanup and 
disposal approvals, renewals, or approval modifications beginning 
October 9, 2007.
    OSWER and OPPTS have formed a transition team to facilitate the 
administrative transfer. OSWER will identify staff to take over 
specific PCB issues and sections of the regulations. Once identified, 
OSWER will post contact information on the PCB website, available at 
https://www.epa.gov/pcb.
    In addition to facilitating the administrative transfer of the PCB 
cleanup and disposal program, this final rule makes minor amendments to 
40 CFR part 761, to correct certain typographical errors and outdated 
information in OPPTS mailing addresses.

B. What is the Agency's Authority for Taking this Action?

    This final rule is issued by OPPTS under its general rulemaking 
authority and TSCA, 15 U.S.C. 2601-2692. This final rule is not subject 
to the notice and comment requirements of the Administrative Procedure 
Act (APA) because this action falls under ``rules of agency 
organization, procedure, or practice,'' and the exception provided by 5 
U.S.C. 553(b)(3)(A).

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final rule implements an administrative transfer of a portion 
of the PCB program from OPPTS to OSWER and amends 40 CFR parts 750 and 
761. For those portions of the program remaining in OPPTS, this final 
rule also corrects certain OPPTS mailing addresses. This final rule 
does not otherwise impose or amend any requirements. As such, the 
Office of Management and Budget (OMB) has determined that this final 
rule is not a ``significant regulatory action'' subject to review by 
OMB under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require review and approval by OMB pursuant to the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act

    Since this action falls under ``rules of agency organization, 
procedure, or practice,'' and the exception provided by 5 U.S.C. 
553(b)(3)(A), it is not subject to notice and comment requirements 
under the APA or any other statute (see Unit II.B.) and is not subject 
to provisions of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.).

D. Unfunded Mandates Reform Act

    This final rule is not subject to sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4) and does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA.

E. Executive Order 13132: Federalism

    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999).

[[Page 57238]]

F. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments

    This action does not significantly or uniquely affect the 
communities of tribal governments as specified by Executive Order 
13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000).

G. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final rule is not subject to Executive Order 13211, entitled 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001), because this action 
is not expected to affect energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    This action does not involve any technical standards that require 
the Agency's consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action will not result in environmental justice related issues 
and does not, therefore, require special consideration under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report to each House of the Congress and the 
Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 750
    Environmental protection, Administrative practice and procedure, 
Chemicals, Hazardous substances.
40 CFR Part 761
    Environmental protection, Hazardous substances, Labeling, 
Polychlorinated biphenyls (PCBs), Reporting and recordkeeping 
requirements.


    Dated: September 28, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 750--[AMENDED]

0
1. The authority citation for part 750 continues to read as follows:

    Authority: 15 U.S.C. 2605.


0
2. In Sec.  750.11, revise paragraph (b) to read as follows:


Sec.  750.11  Filing of petitions for exemption.

* * * * *
    (b) Where to file. All petitions pertaining to:
    (1) PCB use, which includes storage for use or reuse, manufacture, 
processing related to manufacture and use, and distribution in commerce 
related to use or processing for use, must be submitted to: OPPT 
Document Control Officer (7407T), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    (2) PCB disposal, which includes cleanup, storage for disposal, 
processing related to disposal, distribution in commerce related to 
disposal or processing for disposal, and decontamination, must be 
submitted to: Document Control Officer, Office of Solid Waste (5305P), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.
* * * * *

0
3. In Sec.  750.21, revise paragraph (b) to read as follows:


Sec.  750.21  Final rule.

* * * * *
    (b) EPA will grant or deny petitions under section 6(e)(3)(B) of 
TSCA submitted pursuant to Sec.  750.11. EPA will act on such petitions 
subsequent to opportunity for an informal hearing pursuant to this 
rule.
* * * * *

0
4. In Sec.  750.31, revise paragraph (b) to read as follows:


Sec.  750.31  Filing of petitions for exemption.

* * * * *
    (b) Where to file. All petitions pertaining to:
    (1) PCB use, which includes storage for use or reuse, manufacture, 
processing related to manufacture and use, and distribution in commerce 
related to use or processing for use, must be submitted to: OPPT 
Document Control Officer (7407T), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    (2) PCB disposal, which includes cleanup, storage for disposal, 
processing related to disposal, distribution in commerce related to 
disposal or processing for disposal, and decontamination, must be 
submitted to: Document Control Officer, Office of Solid Waste (5305P), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.
* * * * *

0
5. In Sec.  750.34, revise paragraph (a)(5) to read as follows:


Sec.  750.34  Record.

    (a) * * *
    (5) Any other information that EPA considers to be relevant to such 
rule and that EPA identified, on or before the date of the promulgation 
of the rule, in a notice published in the Federal Register.
* * * * *

0
6. In Sec.  750.41, revise paragraph (b) to read as follows:


Sec.  750.41  Final rule.

* * * * *
    (b) EPA will grant or deny petitions under section 6(e)(3)(B) of 
TSCA submitted pursuant to Sec.  750.31. EPA will act on such petitions 
subsequent to opportunity for an informal hearing pursuant to this 
rule.
* * * * *

PART 761--[AMENDED]

0
7. The authority citation for part 761 continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.


[[Page 57239]]




Sec.  761.19  [Amended]

0
8. By removing the phrase ``TSCA Nonconfidential Information Center 
(7407), Rm. B607, Northeast Mall, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460'' and adding in its place ``EPA Docket Center (EPA/DC), Rm. 3334, 
EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC 20460-
0001'' in Sec.  761.19(b), introductory text.


Sec.  761.60  [Amended]

0
9. By removing the phrase ``the Assistant Administrator for Prevention, 
Pesticides and Toxic Substances'' and adding in its place ``EPA'' in 
Sec.  761.60(b)(2)(v), first sentence of the introductory text.
0
10. By removing the phrase ``the Assistant Administrator'' and adding 
in its place ``EPA'' in Sec.  761.60(b)(2)(v), second sentence of the 
introductory text.
0
11. By removing the phrase ``The Assistant Administrator may permit 
disposal of PCB capacitors in EPA approved chemical waste landfills 
after March 1, 1981, if in his'' and adding in its place ``EPA may 
permit disposal of PCB capacitors in EPA-approved chemical waste 
landfills after March 1, 1981, if in its'' in Sec.  761.60(b)(2)(v), 
last sentence of the introductory text.
0
12. By removing the phrase ``must submit a written request to either 
the EPA Regional Administrator or the Director, National Program 
Chemicals Division'' and adding in its place ``must submit a written 
request to either the Regional Administrator or the Director, Office of 
Solid Waste'' in Sec.  761.60(e), first sentence.
0
13. By removing the phrase ``Requests for approval of alternate methods 
that will be operated in more than one Region must be submitted to the 
Director, National Program Chemicals Division'' and adding in its place 
``Requests for approval of alternate methods that will be operated in 
more than one Region must submitted to the Director, Office of Solid 
Waste,'' in Sec.  761.60(e), second sentence.
0
14. By removing the phrase ``On the basis of such information and any 
available information, the EPA Regional Administrator or the Director, 
National Program Chemicals Division may, in his or her discretion, 
approve the use of the alternate method if he or she'' and adding in 
its place ``On the basis of such information and any available 
information, EPA may, in its discretion, approve the use of the 
alternate method if it'' in Sec.  761.60(e), fifth sentence.
0
15. By removing the phrase ``Any approval must be stated in writing and 
may include such conditions and provisions as the EPA Regional 
Administrator or Director, National Program Chemicals Division'' and 
adding in its place ``Any approval must be stated in writing and may 
include such conditions and provisions as EPA'' in Sec.  761.60(e), 
sixth sentence.
0
16. By removing the phrase ``(the Director, National Programs Chemical 
Division and the Regional Administrators)'' in Sec.  761.60(i)(1).
0
17. By removing the phrase ``Notwithstanding, the Director, National 
Programs Chemical Division may, at his/her'' and adding in its place 
``Notwithstanding, EPA may, at its'' in Sec.  761.60(i)(1).
0
18. By removing the phrase ``Office of Prevention, Pesticides and Toxic 
Substances'' and adding in its place ``Office of Solid Waste and 
Emergency Response'' in Sec.  761.60(i)(1).
0
19. By removing the phrase ``the Director, National Program Chemicals 
Division'' and adding in its place ``EPA'' in Sec.  761.60(i)(2).


Sec.  761.61  [Amended]

0
20. By removing the phrase ``must apply in writing to the EPA Regional 
Administrator in the Region where the sampling, cleanup, disposal or 
storage site is located, for sampling, cleanup, disposal or storage 
occurring in a single EPA Region; or to the Director of the National 
Program Chemicals Division'' and adding in its place ``must apply in 
writing to the Regional Administrator in the Region where the sampling, 
cleanup, disposal, or storage site is located, for sampling, cleanup, 
disposal, or storage occurring in a single EPA Region; or to the 
Director, Office of Solid Waste'' in Sec.  761.61(c)(1).


Sec.  761.62  [Amended]

0
21. By removing the phrase ``must apply in writing to: the EPA Regional 
Administrator in the Region where the sampling, disposal, or storage 
site is located, for sampling, disposal, or storage occurring in a 
single EPA Region; or to the Director of the National Program Chemicals 
Division'' and adding in its place ``must apply in writing to the 
Regional Administrator in the Region where the sampling, disposal, or 
storage site is located, for sampling, disposal, or storage occurring 
in a single EPA Region; or to the Director, Office of Solid Waste'' in 
Sec.  761.62(c)(1).


Sec.  761.65  [Amended]

0
22. By removing the phrase ``Director, National Program Chemicals 
Division,'' and adding in its place ``appropriate official at EPA 
Headquarters'' in Sec.  761.65(a)(3), first sentence.
0
23. By removing the phrase ``Director, National Program Chemicals 
Division'' and adding in its place ``appropriate official at EPA 
Headquarters'' in Sec. Sec.  761.65(a)(3), last sentence; 761.65(a)(4); 
and 761.65(j), introductory text.
0
24. By removing the phrase ``the Regional Administrator (or the 
Director of the Chemical Management Division (Director, National 
Programs Chemical Division) in cases involving commercial storage 
ancillary to a facility approved for disposal by the Director, National 
Programs Chemical Division)'' and adding in its place ``EPA'' in Sec.  
761.65(d)(1).
0
25. By removing the phrase ``(or the Director, National Programs 
Chemical Division, if the commercial storage area is ancillary to a 
facility approved for disposal by the Director, National Programs 
Chemical Division)'' and adding in its place ``(or the appropriate 
official at EPA Headquarters, if the commercial storage area is 
ancillary to a disposal facility for which an official at EPA 
Headquarters has approval authority)'' in Sec.  761.65(d)(2), 
introductory text.
0
26. By removing the phrase ``by the Regional Administrator or the 
Director, National Programs Chemical Division,'' in Sec.  761.65(d)(2), 
introductory text.
0
27. By removing the phrase ``(or the Director, National Programs 
Chemical Division, if the commercial storage is ancillary to a disposal 
facility permitted by the Director, National Programs Chemical 
Division)'' and adding in its place ``(or the appropriate official at 
EPA Headquarters, if the commercial storage area is ancillary to a 
disposal facility permitted by an official at EPA Headquarters)'' in 
Sec.  761.65(d)(2)(iv).
0
28. By removing the phrase ``Regional Administrator (or Director, 
National Programs Chemical Division)'' and adding in its place 
``appropriate EPA official'' in Sec.  761.65(d)(2)(vii).
0
29. By removing the phrase ``the Regional Administrator (or the 
Director, National Programs Chemical Division, if the commercial 
storage area is ancillary to a disposal facility approved by the 
Director, National Programs Chemical Division)'' and adding in its 
place ``EPA'' in Sec. Sec.  761.65(d)(4), introductory text; 
761.65(d)(4)(ii); 761.65(d)(4)(iv); and 761.65(e)(2).
0
30. By removing the phrase ``shall be called in by the Regional 
Administrator or the Director, National Programs Chemical Division, if 
it was the Director, National Programs Chemical Division who issued 
it'' and adding in its place ``shall be called in by the Regional 
Administrator (or the

[[Page 57240]]

appropriate official at EPA Headquarters, if approval was granted by an 
official at EPA Headquarters)'' in Sec.  761.65(d)(8).
0
31. By removing the phrase ``may be submitted to the Regional 
Administrator or the Director, National Programs Chemical Division, in 
the cases where the Director, National Programs Chemical Division 
issued the approval'' and adding in its place ``may be submitted to the 
Regional Administrator or the Director, Office of Solid Waste, in the 
cases where an official at EPA Headquarters issued the approval'' in 
Sec.  761.65(d)(8).
0
32. By removing the phrase ``(or the Director, National Programs 
Chemical Division, if the commercial storage area is ancillary to a 
disposal facility approved by the Director, National Programs Chemical 
Division)'' and adding in its place ``(or the appropriate official at 
EPA Headquarters, if the commercial storage area is ancillary to a 
disposal facility for which an official at EPA Headquarters has 
approval authority)'' in Sec. Sec.  761.65(e)(3) and 761.65(g)(4)(ii).
0
33. By removing the phrase ``Director, National Programs Chemical 
Division, if he'' and adding in its place ``Director, Office of Solid 
Waste, if an official at EPA Headquarters'' in Sec.  761.65(e)(4), 
introductory text.
0
34. By removing the phrase ``Director, National Programs Chemical 
Division, if he'' and adding in its place ``appropriate official at EPA 
Headquarters, if an official at EPA Headquarters'' in Sec.  
761.65(e)(5).
0
35. By removing the phrase ``Director, National Programs Chemical 
Division if he approved the closure plan'' and adding in its place 
``Director, Office of Solid Waste, if an official at EPA Headquarters 
approved the closure plan'' in Sec.  761.65(e)(6)(i).
0
36. By removing the phrase ``the Regional Administrator or the 
Director, National Programs Chemical Division if he approved the 
closure plan,'' and adding in its place ``EPA'' in Sec. Sec.  
761.65(e)(6)(ii) and 761.65(e)(6)(iii).
0
37. By removing the phrase ``the Regional Administrator or Director, 
National Programs Chemical Division if he approved the closure plan,'' 
and adding in its place ``EPA'' in Sec.  761.65(e)(6)(iv).
0
38. By removing the phrase ``Director, National Programs Chemical 
Division if he'' and adding in its place ``Director, Office of Solid 
Waste and Disposal, if an official at EPA Headquarters'' in Sec.  
761.65(e)(8).
0
39. By removing the phrase ``the Regional Administrator (or the 
Director, National Programs Chemical Division, if he approved the 
closure plan)'' and adding in its place ``EPA'' in Sec.  761.65(f)(3).
0
40. By removing the phrase ``(or the Director, National Programs 
Chemical Division, if the commercial storage area is ancillary to a 
disposal facility approved by the Director CMD)'' and adding in its 
place ``(or the Director, Office of Solid Waste, if the commercial 
storage area is ancillary to a disposal facility approved by an 
official at EPA Headquarters)'' in Sec.  761.65(g)(1)(ii).
0
41. By removing the phrase ``the Regional Administrator or the 
Director, National Programs Chemical Division, if he approved the 
closure plan,'' and adding in its place ``EPA'' in Sec.  761.65(h), 
everywhere it appears.
0
42. By removing the phrase ``The Regional Administrator or the 
Director, National Programs Chemical Division, if he approved the 
closure plan, shall provide the owner or operator with a detailed 
written statement stating the reasons why he'' and adding in its place 
``EPA shall provide the owner or operator with a detailed written 
statement stating the reasons why EPA'' in Sec.  761.65(h).


Sec.  761.70  [Amended]

0
43. By removing the phrase ``shall be approved by an EPA Regional 
Administrator or the Director, National Programs Chemical Division'' 
and adding in its place ``shall be approved by EPA'' in Sec.  
761.70(a), introductory text.
0
44. By removing the phrase ``more than one region must be submitted to 
the Director, National Programs Chemical Division'' and adding in its 
place ``more than one region must be submitted to the Director, Office 
of Solid Waste'' in Sec. Sec.  761.70(a), introductory text and 
761.70(b), introductory text.
0
45. By removing the phrase ``Director, National Programs Chemical 
Division'' and adding in its place ``appropriate official at EPA 
Headquarters'' in Sec. Sec.  761.70(a)(7), last sentence and 
761.70(a)(8), introductory text.
0
46. By removing the phrase ``the appropriate EPA Regional Administrator 
or the Director, National Programs Chemical Division'' and adding in 
its place ``EPA'' in Sec.  761.70(a)(9).
0
47. By removing the phrase ``the Regional Administrator or the 
Director, National Programs Chemical Division'' and adding in its place 
``EPA'' in Sec. Sec.  761.70(a)(9), 761.70(d)(2)(i), everywhere it 
appears; 761.70(d)(2)(iii), everywhere it appears; and 
761.70(d)(4)(ii), everywhere it appears.
0
48. By removing the phrase ``The Regional Administrator or the 
Director, National Programs Chemical Division'' and adding in its place 
``EPA'' in Sec.  761.70(d)(2)(i).
0
49. By removing the phrase ``shall be approved by the appropriate EPA 
Regional Administrator or the Director, National Programs Chemical 
Division'' and adding in its place ``shall be approved by EPA'' in 
Sec.  761.70(b), introductory text.
0
50. By removing the phrase ``Director, National Programs Chemical 
Division'' and adding in its place ``appropriate official at EPA 
Headquarters'' in Sec. Sec.  761.70(d), introductory text, everywhere 
it appears and 761.70(d)(4)(i).
0
51. By removing the phrase ``Director, National Programs Chemical 
Division'' and adding in its place ``Director, Office of Solid Waste'' 
in Sec.  761.70(d)(1), introductory text.
0
52. By removing the phrase ``If the Regional Administrator or the 
Director, National Programs Chemical Division determines'' and adding 
in its place ``If EPA determines'' in Sec.  761.70(d)(2)(ii), 
introductory text.
0
53. By removing the phrase ``shall submit to the Regional Administrator 
or the Director, National Programs Chemical Division'' and adding in 
its place ``shall submit to the Regional Administrator or the Director, 
Office of Solid Waste'' in Sec.  761.70(d)(2)(ii), introductory text.
0
54. By removing the phrase ``the Regional Administrator or the 
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances'' and adding in its place ``EPA'' in Sec.  761.70(d)(3), 
everywhere it appears .
0
55. By removing the phrase ``may submit evidence to the Regional 
Administrator or the Director, National Programs Chemical Division'' 
and adding in its place ``may submit evidence to the Regional 
Administrator or the Director, Office of Solid Waste'' in Sec.  
761.70(d)(5), first sentence.
0
56. By removing the phrase ``the Regional Administrator or the 
Director, National Programs Chemical Division may in his/her 
discretion'' and adding in its place ``EPA may, in its discretion,'' in 
Sec.  761.70(d)(5), second sentence.
0
57. By removing the phrase ``Regional Administrator or the Director, 
National Programs Chemical Division'' and adding in its place 
``appropriate EPA official'' in Sec.  761.70(d)(7).


Sec.  761.79  [Amended]

0
58. By removing the phrase ``must apply in writing to the EPA Regional 
Administrator in the Region where the activity would take place, for 
decontamination activity occurring in a single EPA Region; or the 
Director of the

[[Page 57241]]

National Program Chemicals Division'' and adding in its place ``must 
apply in writing to the Regional Administrator in the Region where the 
activity would take place, for decontamination activity occurring in a 
single EPA Region; or to the Director, Office of Solid Waste'' in 
Sec. Sec.  761.79(h)(1), 761.79(h)(2), and 761.79(h)(3).


Sec.  761.120  [Amended]

0
59. By removing the phrase ``Director, Office of Pollution Prevention 
and Toxics at Headquarters'' and adding in its place ``Director, Office 
of Solid Waste'' in Sec.  761.120(a)(3).
0
60. By removing the phrase ``Director, Office of Pollution Prevention 
and Toxics'' and adding in its place ``Director, Office of Solid 
Waste'' in Sec.  761.120(b), introductory text.
0
61. By removing the phrase ``Director of the Office of Pollution 
Prevention and Toxics'' and adding in its place ``Director, Office of 
Solid Waste'' in Sec.  761.120(b)(2).
0
62. By removing the phrase ``Director of OPPT'' and adding in its place 
``Director, Office of Solid Waste'' in Sec.  761.120(c), everywhere it 
appears.


Sec.  761.125  [Amended]

0
63. By removing the phrase ``(the Office of Prevention, Pesticides and 
Toxic Substances Branch)'' in Sec. Sec.  761.125(a)(1)(i) and 
761.125(a)(1)(ii).
0
64. By removing the phrase ``(Pesticides and Toxic Substances Branch)'' 
in Sec.  761.125(a)(1)(iii).


Sec.  761.130  [Amended]

0
65. By removing the phrase ``from the Director, Environmental 
Assistance Division (7408), Office of Pollution Prevention and Toxics, 
U.S. Environmental Protection Agency, Room E-543B, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Telephone: (202) 544-1404, TDD (202) 
544-0551'' and adding in its place ``on EPA's PCB Web site at https://
www.epa.gov/pcb, or from the Communications, Information and Resource 
Management Division, Office of Solid Waste (5305P), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001'' in Sec.  761.130(e).


Sec.  761.205  [Amended]

0
66. By removing the phrase ``from the Operation Branch (7404), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
401 M St. SW., Washington, DC 20460'' and adding in its place ``on 
EPA's PCB Web site at https://www.epa.gov/pcb, or from the 
Communications, Information and Resource Management Division, Office of 
Solid Waste (5305P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001'' in Sec.  761.205(a)(3).
0
67. By removing the phrase ``Chief, Operation Branch (7404), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460'' and adding in its place 
``Document Control Officer, Office of Solid Waste (5305P), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001'' in Sec.  761.205(d).


Sec. Sec.  761.243 and 761.386  [Amended]

0
68. By removing the phrase ``from the TSCA Assistance Information 
Service, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460'' and adding in its place ``on EPA's PCB Web site 
at https://www.epa.gov/pcb, or from the Communications, Information and 
Resource Management Division, Office of Solid Waste (5305P), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001'' in Sec. Sec.  761.243(a) and 761.386(e).


Sec.  761.398  [Amended]

0
69. By removing the phrase ``Director, National Program Chemicals 
Division (NPCD), (7404), Office of Pollution Prevention and Toxics, 
1200 Pennsylvania Ave., NW., Washington, DC'' and adding in its place 
``Director, Office of Solid Waste (5301P), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in 
Sec.  761.398(a).
0
70. By removing the phrase ``the Director of NPCD'' and adding in its 
place ``EPA'' in Sec.  761.398(a).
[FR Doc. E7-19841 Filed 10-5-07; 8:45 am]
BILLING CODE 6560-50-S