Polychlorinated Biphenyls (PCBs); Recycling Plastics From Shredder Residue, 74006-74010 [2012-29904]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
monitored as they poured liquid
antimicrobial pesticide products from
conventional or reduced-splash
containers into different sizes and types
of source containers. EPA seeks the
advice of the HSRB on the scientific
soundness of this completed research
and on its appropriateness for use in
estimating exposure that results from
pouring liquid antimicrobial pesticide
products. EPA also seeks the advice of
the HSRB on whether available
information supports a determination
that the study was conducted in
substantial compliance with subparts K
and L of 40 CFR Part 26.
2. Meeting minutes and reports.
Minutes of the meeting, summarizing
the matters discussed and
recommendations, if any, made by the
advisory committee regarding such
matters, will be released within 90
calendar days of the meeting. Such
minutes will be available at https://
www.epa.gov/osa/hsrb/ and https://
www.regulations.gov. In addition,
information regarding the Board’s final
meeting report, will be found at https://
www.epa.gov/osa/hsrb/ or from the
person listed under FOR FURTHER
INFORMATION CONTACT.
Dated: December 3, 2012.
Glenn Paulson,
Science Advisor.
[FR Doc. 2012–29983 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R07–SFUND–2012–0897; FRL–9761–
9]
Proposed Administrative Cost
Recovery Settlement Under the
Comprehensive Environmental
Response Compensation and Liability
Act, as Amended, Radiation—Former
Air Capitol Dial Superfund Site,
Sedgwick County, KS
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
plus interest over a three year period of
time, to the Hazardous Substance
Superfund. Total past costs for the Site
are approximately $600,000. The
settlement includes a covenant not to
sue the settling party pursuant to
Section 107(a) of CERCLA. For thirty
(30) days following the date of
publication of this notice, EPA will
receive written comments relating to the
settlement. EPA will consider all
comments and may modify or withdraw
its consent to the settlement if
comments received disclose facts or
considerations which indicate that the
settlement is inappropriate, improper,
or inadequate. EPA’s response to any
comments received will be available for
public inspection at the EPA Region 7
office located at 11201 Renner
Boulevard, Lenexa, Kansas.
DATES: Comments must be submitted on
or before January 11, 2013.
ADDRESSES: The proposed settlement is
available for public inspection at the
EPA Region 7 office, 11201 Renner
Boulevard, Lenexa, Kansas, Monday
through Friday, between the hours of
7:00 a.m. through 5:00 p.m. A copy of
the proposed settlement may be
obtained from the Regional Hearing
Clerk, 11201 Renner Boulevard, Lenexa,
Kansas, (913) 551–7567. Requests
should reference the Radiation—Former
Air Capitol Dial Superfund Site, EPA
Docket No. CERCLA–07–2011–0005.
Comments should be addressed to:
Denise L. Roberts, Senior Assistant
Regional Counsel, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
FOR FURTHER INFORMATION CONTACT:
Denise L. Roberts, at telephone: (913)
551–7559; fax number: (913) 551–7925/
Attn: Denise L. Roberts; Email address:
roberts.denise@epa.gov.
Dated: November 28, 2012.
Cecilia Tapia,
Director, Superfund Division, Region 7.
[FR Doc. 2012–29975 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
AGENCY:
[EPA–HQ–OPPT–2012–0902; FRL–9371–9]
In accordance with Section
122(i) of the Comprehensive
Environmental Response Compensation
and Liability Act, as amended
(CERCLA), notice is hereby given of a
proposed administrative settlement with
Air Capitol Dial, Inc., for recovery of
past response costs concerning the
Radiation—Former Air Capitol Dial
Superfund Site (the ‘‘Site’’) in Sedgwick
County, Kansas. The settlement requires
Air Capitol Dial, Inc. to pay $225,000
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
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Polychlorinated Biphenyls (PCBs);
Recycling Plastics From Shredder
Residue
Environmental Protection
Agency (EPA).
ACTION: Request for public comment.
AGENCY:
EPA is seeking comment on
an interpretation of its regulations
currently under consideration that
would generally allow for the recycling
SUMMARY:
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of plastic separated from shredder
residue under the conditions described
in the Voluntary Procedures for
Recycling Plastics from Shredder
Residue, relying principally on the
regulatory provisions for excluded PCB
products. The interpretation described
in this notice responds to questions EPA
has received about the applicability of
the excluded PCB products regulations.
DATES: Comments must be received on
or before January 11, 2013.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2012–0902, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave. NW.,
Washington, DC. ATTN: Docket ID
Number EPA–HQ–OPPT–2012–0902.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2012–0902. EPA’s policy is that all
comments received will be included in
the docket without change and may be
made available online at https://
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 regulations.gov or
email. The 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
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the 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
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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.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. 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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket 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
legal 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:
Peter Gimlin, National Program
Chemicals Division, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 566–0515;
email address: gimlin.peter@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. General Information
This notice is directed to the public
in general, and may be of interest to a
wide range of stakeholders, including
private citizens, federal, tribal, state and
local governments, environmental
consulting firms, industry
representatives, environmental
organizations and other public interest
groups. Since others may also be
interested, the Agency has not
attempted to describe all the specific
entities that may have interest in this
notice. If you have any questions
regarding the applicability of this action
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to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
EPA is considering an interpretation
of its regulations that would generally
allow for recycling of plastic separated
from shredder residue under the
conditions described in the Voluntary
Procedures for Recycling Plastics from
Shredder Residue (Ref. 1), relying
principally on the regulatory provision
for excluded PCB products at 40 CFR
part 761. In the interest of transparency,
EPA is inviting the public to provide
comments as part of this process. EPA
has opened the docket for public
comment for 30 days after publication
in the Federal Register. Details on how
to provide comments to the docket are
provided under ADDRESSES.
II. Background
EPA was approached by the Institute
of Scrap Recycling Industries, Inc.
(ISRI), regarding separation, recycling,
use, and distribution of recycled plastics
from shredder residue recovered from
metals recycling facilities (referred to by
ISRI as automobile shredder residue
(ASR) aggregate). In a February 24, 2011
letter, ISRI requested ‘‘written
confirmation that separating plastics
from ASR aggregate for use and
distribution in commerce, using
processes that reduce any PCBs that
may be present to a level at or below
which there is no unreasonable risk, is
authorized’’ under regulations
promulgated pursuant to the Toxic
Substances Control Act (TSCA) (see 16
U.S.C. 2605(e)) (Ref. 2). ISRI stated that:
* * * analysis shows that the separation,
recycling, distribution in commerce, and
reuse of plastics from shredder aggregate is
consistent with existing authorizations that
allow the use and distribution in commerce
of products that contain low levels of PCBs,
including provisions for ‘‘excluded PCB
products’’ and ‘‘excluded PCB manufacturing
processes’’ (as defined in 40 C.F.R. § 761.3).
ISRI also stated that resolving regulatory
uncertainty could lead to investments
and further development in innovative
methods to separate plastics from ASR
aggregate that would produce broad
environmental benefits and increase
global competitiveness (Ref. 2).
ISRI developed a set of voluntary
procedures designed to prevent the
introduction of PCBs that are regulated
for disposal into recycled plastics
recovered from shredder residue
generated by metal recycling facilities.
The Voluntary Procedures for Recycling
Plastics from Shredder Residue (Ref. 1)
includes development and
implementation of a documented
materials management system through:
(1) Documented source control
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programs aimed at preventing the
introduction of PCBs regulated for
disposal into the shredder feedstock
materials that contribute to any
shredder residue from which plastics
will be recovered for recycling; and (2)
documented output control programs
for facilities processing/producing/
recycling plastics from shredder
residue. The Voluntary Procedures for
Recycling Plastics from Shredder
Residue and supporting materials are
available at EPA–HQ–OPPT–2012–0902.
According to ISRI, 1 to 2 million tons
of plastic are generated annually in ASR
aggregate, most of which could be
separated and recycled rather than
disposed using novel technologies (Ref.
3). ISRI further delineates that the most
common automotive plastic categories
are polypropylene (PP), polyethylene
(PE), polyurethane (PU), and polyvinyl
chloride (PVC). ISRI also mentions
acrylonitrile styrene butadiene (ABS)
and high-impact polystyrene (HIPS) as
additional types of automotive plastics
found in ASR. By assuming that the 1
to 2 million tons of plastic generated
from ASR annually, when characterized
by the percentage of total scrap plastics
from a typical 2001 vehicle (Ref. 4), this
would imply the following total annual
volumes: PP (22.1%): 221,000–442,000
tons; PU (19.3%): 193,000–386,000 tons;
nylon (12.4%): 124,000–248,000 tons;
PVC (7.9%): 79,000–158,000 tons; ABS
(7.4%): 74,000–148,000 tons; PE (4.4%):
44,000–88,000 tons; polycarbonate
(3.9%): 39,000–78,000 tons; other
engineering resins, including HIPS
(10.9%): 109,000–218,000 tons;
polyvinyl butyral (2.1%): 21,000–41,000
tons; other (9.8%): 98,000–196,000 tons.
However, ISRI notes that not all of these
plastics are currently technically or
economically feasible for recovery. But,
ISRI highlights several plastics as likely
candidates for recycling. These are PP,
high-density PE, ABS, HIPS, and PU
foam. Recovery of these plastics would
require installation and operation of
new or modified material separation
equipment.
To characterize the potential benefits
of recovering and recycling plastics in
ASR aggregate, ISRI commissioned a
report from Nathan Associates, Inc. (Ref.
5). This report estimates economic
benefits and environmental
improvements from separating, sorting,
processing, and recycling plastics found
in ASR aggregate rather than disposing
this material. In brief, the report finds
that allowing plastics in ASR aggregate
to be recycled would create demand for
new capital equipment to be
manufactured, installed, and operated
in material separation facilities. This
would lead to increased economic
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activity both directly through purchase,
installation, and operation of this
equipment, as well as indirectly through
increased demand for intermediate
goods and services. The report also
estimates positive environmental
impacts on energy consumption,
greenhouse gases, water use, and
landfill space if virgin plastics were
replaced with recycled material.
EPA believes that recycling turns
materials that would otherwise become
waste into valuable resources. Recycling
includes collecting recyclable materials
that would otherwise be considered
waste, sorting and processing
recyclables into raw materials such as
fibers, manufacturing raw materials into
new products, and purchasing recycled
products. Collecting and processing
secondary materials, manufacturing
recycled-content products, and then
buying recycled products creates a
circle or loop that ensures the overall
success and value of recycling.
Ultimately, recycling can generate a host
of financial, environmental, and social
returns. Some of these benefits accrue
locally as well as globally. Examples of
the general benefits of recycling include
protecting and expanding U.S.
manufacturing jobs and increasing U.S.
competitiveness; reducing the need for
landfilling and incineration; preventing
pollution caused by the manufacturing
of products from virgin materials; saving
energy; decreasing emissions of
greenhouse gases that contribute to
global climate change; conserving
natural resources such as timber, water,
and minerals; and helping sustain the
environment for future generations.
With respect to recycling by the
automotive industry overall, research on
improvements in automotive design and
construction has been conducted in
order to facilitate the recycling of
automotive materials/components. The
recycling of automotive steel has proven
to be economically advantageous, so
that wholesale automotive recycling is
now widespread. Since a large volume
of wastage is also generated, industry is
interested in reusing as much
automotive plastic as may be
environmentally and economically
feasible (Ref. 6).
Increases in the recycling of plastics
from ASR aggregate may also offer some
benefits beyond that of other forms of
plastics recycling. For instance, because
substantial automotive recycling
systems are already in place for the
primary purpose of recovering steel,
large quantities of ASR aggregate are
already being simultaneously collected.
Such available quantities of ASR
aggregate may then be further separated
and processed as necessary for purposes
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of reuse. Also, any potential expansion
of ASR aggregate recycling capabilities
could potentially generate excess
capacity and/or technological
advancements for use in the recycling of
non-automotive products of a similar
nature, such as large appliances for
example.
Such dynamics demonstrate the
potential for creating a broad range of
direct and indirect benefits that may be
directly attributed to improved
procedures and reduced regulatory
barriers associated with the recycling of
plastics in ASR aggregate. Any
stimulation of the market for ASR
aggregate may thereby help to not only
protect and expand U.S. manufacturing
jobs, but also foster new technologies
and products while increasing U.S.
competitiveness.
While EPA agrees that recycling
plastics from ASR aggregate could have
net economic benefits and positive
environmental impacts, EPA has not
conducted an independent estimate of
the precise magnitude or timing of these
benefits and impacts. Therefore, EPA is
not in a position to assess the
underlying assumptions, or the savings
per ton and multipliers, used in the
benefit estimates from the Nathan
Associates, Inc. report commissioned by
ISRI. EPA notes that the report does not
address the extent to which economic
activity associated with the recycling of
plastics from ASR aggregate would
displace current economic activity
associated with disposal of these
plastics or the manufacturing of virgin
materials. Nor does it address the timing
of potential investments in new
equipment. Additionally, the report
relies on assumptions supported by
limited data on plastic volumes,
recoverability, environmental impacts,
and market prices. EPA is interested in
the public views on factors that may
affect the direction, magnitude, and
timing of benefits, costs, and
environmental impacts associated with
recycling plastics found in ASR
aggregate rather than disposing of this
material.
As expressed in the Pollution
Prevention Act of 1990, 42 U.S.C. 13101
et seq., and the Agency’s pollution
prevention policies, EPA generally
prefers recycling to disposal of materials
within the waste management
hierarchy. This general preference is a
factor EPA has considered here. Plastics
recovered from ASR aggregate could be
incorporated into a wide variety of
consumer products such as appliances,
house wares, office goods, electronics,
and carpeting. Plastics from ASR
aggregate could also be returned in a
closed loop to the automotive market.
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Although some of the same categories of
plastics recovered from ASR aggregate
are also used in certain food contact and
medical applications, these recycled
plastics are not expected to make large
inroads into demand for virgin materials
for these applications due to the
voluntary procedures described in this
notice. These procedures require plastic
recyclers to include contractual
provisions in sales contracts expressly
stating that plastics containing recycled
material separated from ASR aggregate
may contain PCBs, and therefore the
recycled plastics may be unsuitable for
many products that currently use virgin
plastic, such as products that involve
oral contact.
III. Summary of Approach
The interpretation under
consideration would generally allow for
the recycling of plastic separated from
shredder residue under the conditions
described in the Voluntary Procedures
for Recycling Plastics from Shredder
Residue (Ref. 1), relying principally on
the regulatory provisions for excluded
PCB products.
TSCA section 6(e) generally prohibits
the manufacture, processing,
distribution in commerce and use of
PCBs. However, EPA has by regulation
excluded certain materials, including
excluded PCB products, from these
prohibitions. Excluded PCB products
are defined as follows:
Excluded PCB products means PCB
materials which appear at concentrations less
than 50 ppm, including but not limited to:
(1) Non-Aroclor inadvertently generated
PCBs as a byproduct or impurity resulting
from a chemical manufacturing process.
(2) Products contaminated with Aroclor or
other PCB materials from historic PCB uses
(investment casting waxes are one example).
(3) Recycled fluids and/or equipment
contaminated during use involving the
products described in paragraphs (1) and (2)
of this definition (heat transfer and hydraulic
fluids and equipment and other electrical
equipment components and fluids are
examples).
(4) Used oils, provided that in the cases of
paragraphs (1) through (4) of this definition:
(i) The products or source of the products
containing < 50 ppm concentration PCBs
were legally manufactured, processed,
distributed in commerce, or used before
October 1, 1984.
(ii) The products or source of the products
containing < 50 ppm concentrations PCBs
were legally manufactured, processed,
distributed in commerce, or used, i.e.,
pursuant to authority granted by EPA
regulation, by exemption petition, by
settlement agreement, or pursuant to other
Agency-approved programs;
(iii) The resulting PCB concentration (i.e.
below 50 ppm) is not a result of dilution, or
leaks and spills of PCBs in concentrations
over 50 ppm. 40 CFR 761.3.
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EPA regulations allow the use,
processing, and distribution in
commerce of excluded PCB products. 40
CFR 761.20(a) and (c). Except as
otherwise specifically provided, the
regulations do not restrict the forms of
use, processing and distribution that are
allowed. EPA specifically identified, as
one likely source of PCBs in excluded
PCB products, ‘‘contamination during
recycling activities involving’’ historic
PCBs. 52 FR 25838, 25844 (July 8, 1987).
EPA believes that it is reasonable to
interpret the regulations as generally
allowing the recycling of excluded PCB
products. Accordingly, under the
interpretation discussed in this notice,
to the extent that the feedstock (scrap
materials) to a shredder consists of these
kinds of materials, the plastics separated
from the resulting residue could be
recycled (and the resulting recycled
product would also be an excluded PCB
product that could be processed, used
and distributed in commerce, including
being further recycled), provided the
PCB concentration in any resulting
product is below 50 ppm.
Typically, the burden of
demonstrating that a regulatory
exclusion applies rests with the party
seeking that exclusion. EPA believes
that, for shredders and their suppliers
that follow the Voluntary Procedures
document, it is appropriate to generally
treat the feedstock as consisting of
excluded PCB products unless there is
information specifically indicating that
the feedstock does not qualify. If
shredders and suppliers do not follow
the voluntary procedures, they will
need to be able to otherwise
demonstrate that the feedstock and
residue meet the exclusion. Clearly if
the feedstock materials or residue
contain PCBs at concentrations ≥ 50
ppm, the materials cannot qualify as
excluded PCB products.
EPA acknowledges uncertainty as to
the source of the PCBs in shredder
residue. However, EPA believes the
procedures, as explained in the
Voluntary Procedures document, can
prevent the introduction of PCBs at
levels ≥ 50 ppm. EPA may periodically
evaluate the processes and procedures
involved in recycling plastics recovered
from shredder residue. In addition, EPA
believes it is likely that the number of
potential sources of PCBs at levels ≥ 50
ppm has declined since the TSCA
section 6(e) prohibitions went into
effect. If PCBs in the feedstock material
are < 50 ppm, it is plausible that the
sources of PCBs in the residue are
excluded PCB products. The
information available to EPA indicates
that the PCBs found associated with
plastics separated from residue are
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Aroclor PCBs. Aroclors were
intentionally manufactured PCB
mixtures, not inadvertently generated
PCBs. Since PCBs in general and
Aroclors more specifically have not
been intentionally produced in the U.S.
since the prohibitions in TSCA section
6(e) became effective, the Aroclor
identity of the PCBs found associated
with plastics separated from shredder
residue suggests that they were
manufactured prior to 1984.
In promulgating the excluded PCB
product rule, EPA described the
provision as follows:
EPA is adopting the generic 50 ppm
exclusion for the processing, distribution in
commerce, and use, based on the Agency’s
determination that the use, processing, and
distribution in commerce of products with
less than 50 ppm PCB concentration will not
generally present an unreasonable risk of
injury to health or the environment. EPA
could not possibly identify and assess the
potential exposures from all the products
which may be contaminated with PCBs at
less than 50 ppm. * * * EPA has concluded
that the costs associated with the strict
prohibition on PCB activities are large and
outweigh the risks posed by these activities.
53 FR 24210 (June 27, 1988).
EPA has further stated, with respect to
the excluded PCB products rule: ‘‘These
amendments have excluded the majority
of low-level PCB activities (less than 50
ppm) from regulation’’ (Ref. 7). Given
the difficulty of determining the precise
source of PCBs, EPA believes the
purpose of excluding ‘‘old’’ PCBs under
the excluded products rule is best
effectuated in these circumstances by
treating < 50 ppm materials entering a
shredder as excluded PCB products
unless there is information specifically
indicating that the materials do not
qualify.
EPA’s regulations provide another
potentially relevant exclusion from
regulation for PCBs that result from an
excluded manufacturing process. 40
CFR 761.3. EPA believes that this
interpretation would also support
recycling plastics if PCBs produced by
an excluded manufacturing process are
present in shredder feedstock. However,
based on examination of data provided
by ISRI in a ‘‘Summary of Analysis
Done on Plastics Recovered from
Shredder Aggregate’’ (Ref. 8), for four
types of plastic recovered from shredder
residue (i.e., ABS, HIPS, PP, HDPE (high
density polyethylene)), EPA believes it
is less likely that the PCBs that have
been found associated with these
plastics separated from shredder residue
resulted from excluded manufacturing
processes, because, among other things,
EPA has not received notification from
manufacturers required for these
processes under 40 CFR 761.185.
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EPA requests comment on the
regulatory interpretation described
above. EPA will accept comments for 30
days after date of publication in the
Federal Register. If adopted, the
interpretation would not be a legislative
rule because it would not impose any
binding requirements on either EPA or
the regulated community. EPA is
requesting comment on the approach
because EPA is interested in the views
of stakeholders on the approach, not
because EPA intends to establish
binding requirements.
IV. References
As indicated under ADDRESSES, a
docket has been established for this
notice under docket ID number EPA–
HQ–OPPT–2012–0902. The following is
a listing of the documents that are
specifically referenced in this action.
The docket includes these documents
and other information considered by
EPA, including documents that are
referenced within the documents that
are included in the docket, even if the
referenced document is not physically
located in the docket. For assistance in
locating these other documents, please
consult the person listed under FOR
FURTHER INFORMATION CONTACT.
1. ISRI. Voluntary Procedures for Recycling
Plastics from Shredder Residue, October 24,
2012.
2. ISRI. Letter from Robin K. Weiner to
Steve Owens, February 24, 2011.
3. ISRI. Letter Re: Docket ID No. EPA–HQ–
OPPT–2009–0757—Advance Notice Of
Proposed Rulemaking, Polychlorinated
Biphenyls (PCBs); Reassessment of Use
Authorizations, August 20, 2010.
4. American Chemistry Council. Chemistry
and Light Vehicles, August 2012, available at
https://www.plastics-car.com/
lightvehiclereport.
5. Nathan Associates, Inc. Economic
Impacts and Environmental Benefits of
Separating, Sorting, Processing, and
Recycling Plastics in the Automobile and
Appliance Shredder Aggregate, December 21,
2010.
6. Argonne National Laboratory. Recycling
End-of-Life Vehicles of the Future, December
1, 2009, available at https://www.ipd.anl.gov/
anlpubs/2010/01/65969.pdf.
7. EPA. PCB Q & A Manual: An EPA TSCA
assistance document designed to provide the
regulated community with Agency
interpretations to frequently posed questions,
1994, available at https://www.epa.gov/osw/
hazard/tsd/pcbs/pubs/manual.pdf.
8. ISRI. Summary of Analysis Done on
Plastics Recovered from Shredder Aggregate,
Late 2010/Early 2011.
List of Subjects
Environmental protection, Hazardous
substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling,
Shredder residue.
E:\FR\FM\12DEN1.SGM
12DEN1
74010
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
Dated: November 29, 2012.
Louise P. Wise,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
Information on Decision
Information on the final decision for
this transaction will be available in the
‘‘Summary Minutes of Meetings of
Board of Directors’’ on https://
www.exim.gov/articles.cfm/
board%20minute.
[FR Doc. 2012–29904 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
[Public Notice: 2012–0546]
Application for Final Commitment for a
Long-Term Loan or Financial
Guarantee in Excess of $100 million:
AP087613XX
Export-Import Bank of the
United States.
ACTION: Notice.
AGENCY:
This Notice is to inform the
public, in accordance with Section
3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received
an application for final commitment for
a long-term loan or financial guarantee
in excess of $100 million (as calculated
in accordance with Section 3(c)(10) of
the Charter). Comments received within
the comment period specified below
will be presented to the Ex-Im Bank
Board of Directors prior to final action
on this Transaction.
Reference: AP087613XX.
SUMMARY:
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
Confidential Information
Please note that this notice does not
include confidential or proprietary
business information; information
which, if disclosed, would violate the
Trade Secrets Act; or information which
would jeopardize jobs in the United
States by supplying information that
competitors could use to compete with
companies in the United States.
DATES: Comments must be received on
or before January 7, 2013 to be assured
of consideration before final
consideration of the transaction by the
Board of Directors of Ex-Im Bank.
ADDRESSES: Comments may be
submitted through Regulations.gov at
WWW.REGULATIONS.GOV. To submit
a comment, enter EIB–2012–0048 under
the heading ‘‘Enter Keyword or ID’’ and
select Search. Follow the instructions
provided at the Submit a Comment
screen. Please include your name,
company name (if any) and EIB–2012–
0048 on any attached document.
Approval of Minutes
• November 8, 2012
Open Session
New Business
• Farmer Mac Capital Planning—
Proposed Rule
Reports
• Quarterly Report on Office of
Examination Operations, Economic
Conditions Affecting the Farm Credit
System (FCS), and FCS Condition and
Performance
Closed Session*
Reports
• Office of Examination Supervisory
and Oversight Activities Report
Date: December 7, 2012.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2012–30036 Filed 12–10–12; 11:15 am]
BILLING CODE 6705–01–P
FEDERAL COMMUNICATIONS
COMMISSION
December 6, 2012.
Sharon A. Whitt,
Records Clearance Officer.
[WC Docket No. 06–122; DA 12–1872]
Purpose and Use
[FR Doc. 2012–29938 Filed 12–11–12; 8:45 am]
Brief description of the purpose of the
transaction:
To support the export of commercial
aircraft to Abu Dhabi, the United Arab
Emirates
Brief non-proprietary description of
the anticipated use of the items being
exported:
To be used for long-haul passenger air
service between Abu Dhabi and
destinations in the Middle East,
Africa, Europe, Asia and North
America
BILLING CODE 6690–01–P
Proposed Changes to FCC Form 499–
A, FCC Form 499–Q, and
Accompanying Instructions
FARM CREDIT ADMINISTRATION
AGENCY:
To the extent that Ex-Im Bank is
reasonably aware, the item(s) being
exported may be used to produce
exports or provide services in
competition with the exportation of
goods or provision of services by a
United States industry.
mstockstill on DSK4VPTVN1PROD with
Parties
Principal Supplier: The Boeing
Company.
Obligor: Etihad Airways PJSC.
Guarantor(s): N/A.
Description of Items Being Exported
Boeing 777 aircraft.
VerDate Mar<15>2010
15:48 Dec 11, 2012
Jkt 229001
Farm Credit Administration Board;
Sunshine Act; Regular Meeting
Farm Credit Administration.
Notice is hereby given,
pursuant to the Government in the
Sunshine Act, of the regular meeting of
the Farm Credit Administration Board
(Board).
DATE AND TIME: The regular meeting of
the Board will be held at the offices of
the Farm Credit Administration in
McLean, Virginia, on December 13,
2012, from 9:00 a.m. until such time as
the Board concludes its business.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available)
AGENCY:
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
Federal Communications
Commission.
ACTION: Notice; solicitation of
comments.
In this document, the
Wireline Competition Bureau (Bureau)
seeks comment on proposed revisions to
the annual Telecommunications
Reporting Worksheet, FCC Form 499–A
(Form 499–A) and accompanying
instructions (Form 499–A Instructions)
to be used in 2013 to report 2012
revenues, and the quarterly
Telecommunications Reporting
Worksheet, FCC Form 499–Q (Form
499–Q) and accompanying instructions
(Form 499–Q Instructions) to be used in
2013 to report projected collected
revenues on a quarterly basis.
DATES: Comments are due on or before
January 11, 2013.
ADDRESSES: Interested parties may file
comments on or before January 11,
SUMMARY:
* Session Closed-Exempt pursuant to 5 U.S.C.
552b(c)(8) and (9).
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74006-74010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29904]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2012-0902; FRL-9371-9]
Polychlorinated Biphenyls (PCBs); Recycling Plastics From
Shredder Residue
AGENCY: Environmental Protection Agency (EPA).
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: EPA is seeking comment on an interpretation of its regulations
currently under consideration that would generally allow for the
recycling of plastic separated from shredder residue under the
conditions described in the Voluntary Procedures for Recycling Plastics
from Shredder Residue, relying principally on the regulatory provisions
for excluded PCB products. The interpretation described in this notice
responds to questions EPA has received about the applicability of the
excluded PCB products regulations.
DATES: Comments must be received on or before January 11, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2012-0902, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. ATTN:
Docket ID Number EPA-HQ-OPPT-2012-0902. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is (202) 564-8930. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2012-0902. EPA's policy is that all comments received will be included
in the docket without change and may be made available online at https://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 regulations.gov or email. The
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 regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the 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
[[Page 74007]]
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.
Docket: All documents in the docket are listed in the docket index
available at https://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket 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 legal
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: Peter Gimlin, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0515; email
address: gimlin.peter@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This notice is directed to the public in general, and may be of
interest to a wide range of stakeholders, including private citizens,
federal, tribal, state and local governments, environmental consulting
firms, industry representatives, environmental organizations and other
public interest groups. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may have
interest in this notice. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
EPA is considering an interpretation of its regulations that would
generally allow for recycling of plastic separated from shredder
residue under the conditions described in the Voluntary Procedures for
Recycling Plastics from Shredder Residue (Ref. 1), relying principally
on the regulatory provision for excluded PCB products at 40 CFR part
761. In the interest of transparency, EPA is inviting the public to
provide comments as part of this process. EPA has opened the docket for
public comment for 30 days after publication in the Federal Register.
Details on how to provide comments to the docket are provided under
ADDRESSES.
II. Background
EPA was approached by the Institute of Scrap Recycling Industries,
Inc. (ISRI), regarding separation, recycling, use, and distribution of
recycled plastics from shredder residue recovered from metals recycling
facilities (referred to by ISRI as automobile shredder residue (ASR)
aggregate). In a February 24, 2011 letter, ISRI requested ``written
confirmation that separating plastics from ASR aggregate for use and
distribution in commerce, using processes that reduce any PCBs that may
be present to a level at or below which there is no unreasonable risk,
is authorized'' under regulations promulgated pursuant to the Toxic
Substances Control Act (TSCA) (see 16 U.S.C. 2605(e)) (Ref. 2). ISRI
stated that:
* * * analysis shows that the separation, recycling,
distribution in commerce, and reuse of plastics from shredder
aggregate is consistent with existing authorizations that allow the
use and distribution in commerce of products that contain low levels
of PCBs, including provisions for ``excluded PCB products'' and
``excluded PCB manufacturing processes'' (as defined in 40 C.F.R.
Sec. 761.3).
ISRI also stated that resolving regulatory uncertainty could lead to
investments and further development in innovative methods to separate
plastics from ASR aggregate that would produce broad environmental
benefits and increase global competitiveness (Ref. 2).
ISRI developed a set of voluntary procedures designed to prevent
the introduction of PCBs that are regulated for disposal into recycled
plastics recovered from shredder residue generated by metal recycling
facilities. The Voluntary Procedures for Recycling Plastics from
Shredder Residue (Ref. 1) includes development and implementation of a
documented materials management system through: (1) Documented source
control programs aimed at preventing the introduction of PCBs regulated
for disposal into the shredder feedstock materials that contribute to
any shredder residue from which plastics will be recovered for
recycling; and (2) documented output control programs for facilities
processing/producing/recycling plastics from shredder residue. The
Voluntary Procedures for Recycling Plastics from Shredder Residue and
supporting materials are available at EPA-HQ-OPPT-2012-0902.
According to ISRI, 1 to 2 million tons of plastic are generated
annually in ASR aggregate, most of which could be separated and
recycled rather than disposed using novel technologies (Ref. 3). ISRI
further delineates that the most common automotive plastic categories
are polypropylene (PP), polyethylene (PE), polyurethane (PU), and
polyvinyl chloride (PVC). ISRI also mentions acrylonitrile styrene
butadiene (ABS) and high-impact polystyrene (HIPS) as additional types
of automotive plastics found in ASR. By assuming that the 1 to 2
million tons of plastic generated from ASR annually, when characterized
by the percentage of total scrap plastics from a typical 2001 vehicle
(Ref. 4), this would imply the following total annual volumes: PP
(22.1%): 221,000-442,000 tons; PU (19.3%): 193,000-386,000 tons; nylon
(12.4%): 124,000-248,000 tons; PVC (7.9%): 79,000-158,000 tons; ABS
(7.4%): 74,000-148,000 tons; PE (4.4%): 44,000-88,000 tons;
polycarbonate (3.9%): 39,000-78,000 tons; other engineering resins,
including HIPS (10.9%): 109,000-218,000 tons; polyvinyl butyral (2.1%):
21,000-41,000 tons; other (9.8%): 98,000-196,000 tons. However, ISRI
notes that not all of these plastics are currently technically or
economically feasible for recovery. But, ISRI highlights several
plastics as likely candidates for recycling. These are PP, high-density
PE, ABS, HIPS, and PU foam. Recovery of these plastics would require
installation and operation of new or modified material separation
equipment.
To characterize the potential benefits of recovering and recycling
plastics in ASR aggregate, ISRI commissioned a report from Nathan
Associates, Inc. (Ref. 5). This report estimates economic benefits and
environmental improvements from separating, sorting, processing, and
recycling plastics found in ASR aggregate rather than disposing this
material. In brief, the report finds that allowing plastics in ASR
aggregate to be recycled would create demand for new capital equipment
to be manufactured, installed, and operated in material separation
facilities. This would lead to increased economic
[[Page 74008]]
activity both directly through purchase, installation, and operation of
this equipment, as well as indirectly through increased demand for
intermediate goods and services. The report also estimates positive
environmental impacts on energy consumption, greenhouse gases, water
use, and landfill space if virgin plastics were replaced with recycled
material.
EPA believes that recycling turns materials that would otherwise
become waste into valuable resources. Recycling includes collecting
recyclable materials that would otherwise be considered waste, sorting
and processing recyclables into raw materials such as fibers,
manufacturing raw materials into new products, and purchasing recycled
products. Collecting and processing secondary materials, manufacturing
recycled-content products, and then buying recycled products creates a
circle or loop that ensures the overall success and value of recycling.
Ultimately, recycling can generate a host of financial, environmental,
and social returns. Some of these benefits accrue locally as well as
globally. Examples of the general benefits of recycling include
protecting and expanding U.S. manufacturing jobs and increasing U.S.
competitiveness; reducing the need for landfilling and incineration;
preventing pollution caused by the manufacturing of products from
virgin materials; saving energy; decreasing emissions of greenhouse
gases that contribute to global climate change; conserving natural
resources such as timber, water, and minerals; and helping sustain the
environment for future generations.
With respect to recycling by the automotive industry overall,
research on improvements in automotive design and construction has been
conducted in order to facilitate the recycling of automotive materials/
components. The recycling of automotive steel has proven to be
economically advantageous, so that wholesale automotive recycling is
now widespread. Since a large volume of wastage is also generated,
industry is interested in reusing as much automotive plastic as may be
environmentally and economically feasible (Ref. 6).
Increases in the recycling of plastics from ASR aggregate may also
offer some benefits beyond that of other forms of plastics recycling.
For instance, because substantial automotive recycling systems are
already in place for the primary purpose of recovering steel, large
quantities of ASR aggregate are already being simultaneously collected.
Such available quantities of ASR aggregate may then be further
separated and processed as necessary for purposes of reuse. Also, any
potential expansion of ASR aggregate recycling capabilities could
potentially generate excess capacity and/or technological advancements
for use in the recycling of non-automotive products of a similar
nature, such as large appliances for example.
Such dynamics demonstrate the potential for creating a broad range
of direct and indirect benefits that may be directly attributed to
improved procedures and reduced regulatory barriers associated with the
recycling of plastics in ASR aggregate. Any stimulation of the market
for ASR aggregate may thereby help to not only protect and expand U.S.
manufacturing jobs, but also foster new technologies and products while
increasing U.S. competitiveness.
While EPA agrees that recycling plastics from ASR aggregate could
have net economic benefits and positive environmental impacts, EPA has
not conducted an independent estimate of the precise magnitude or
timing of these benefits and impacts. Therefore, EPA is not in a
position to assess the underlying assumptions, or the savings per ton
and multipliers, used in the benefit estimates from the Nathan
Associates, Inc. report commissioned by ISRI. EPA notes that the report
does not address the extent to which economic activity associated with
the recycling of plastics from ASR aggregate would displace current
economic activity associated with disposal of these plastics or the
manufacturing of virgin materials. Nor does it address the timing of
potential investments in new equipment. Additionally, the report relies
on assumptions supported by limited data on plastic volumes,
recoverability, environmental impacts, and market prices. EPA is
interested in the public views on factors that may affect the
direction, magnitude, and timing of benefits, costs, and environmental
impacts associated with recycling plastics found in ASR aggregate
rather than disposing of this material.
As expressed in the Pollution Prevention Act of 1990, 42 U.S.C.
13101 et seq., and the Agency's pollution prevention policies, EPA
generally prefers recycling to disposal of materials within the waste
management hierarchy. This general preference is a factor EPA has
considered here. Plastics recovered from ASR aggregate could be
incorporated into a wide variety of consumer products such as
appliances, house wares, office goods, electronics, and carpeting.
Plastics from ASR aggregate could also be returned in a closed loop to
the automotive market. Although some of the same categories of plastics
recovered from ASR aggregate are also used in certain food contact and
medical applications, these recycled plastics are not expected to make
large inroads into demand for virgin materials for these applications
due to the voluntary procedures described in this notice. These
procedures require plastic recyclers to include contractual provisions
in sales contracts expressly stating that plastics containing recycled
material separated from ASR aggregate may contain PCBs, and therefore
the recycled plastics may be unsuitable for many products that
currently use virgin plastic, such as products that involve oral
contact.
III. Summary of Approach
The interpretation under consideration would generally allow for
the recycling of plastic separated from shredder residue under the
conditions described in the Voluntary Procedures for Recycling Plastics
from Shredder Residue (Ref. 1), relying principally on the regulatory
provisions for excluded PCB products.
TSCA section 6(e) generally prohibits the manufacture, processing,
distribution in commerce and use of PCBs. However, EPA has by
regulation excluded certain materials, including excluded PCB products,
from these prohibitions. Excluded PCB products are defined as follows:
Excluded PCB products means PCB materials which appear at
concentrations less than 50 ppm, including but not limited to:
(1) Non-Aroclor inadvertently generated PCBs as a byproduct or
impurity resulting from a chemical manufacturing process.
(2) Products contaminated with Aroclor or other PCB materials
from historic PCB uses (investment casting waxes are one example).
(3) Recycled fluids and/or equipment contaminated during use
involving the products described in paragraphs (1) and (2) of this
definition (heat transfer and hydraulic fluids and equipment and
other electrical equipment components and fluids are examples).
(4) Used oils, provided that in the cases of paragraphs (1)
through (4) of this definition:
(i) The products or source of the products containing < 50 ppm
concentration PCBs were legally manufactured, processed, distributed
in commerce, or used before October 1, 1984.
(ii) The products or source of the products containing < 50 ppm
concentrations PCBs were legally manufactured, processed,
distributed in commerce, or used, i.e., pursuant to authority
granted by EPA regulation, by exemption petition, by settlement
agreement, or pursuant to other Agency-approved programs;
(iii) The resulting PCB concentration (i.e. below 50 ppm) is not
a result of dilution, or leaks and spills of PCBs in concentrations
over 50 ppm. 40 CFR 761.3.
[[Page 74009]]
EPA regulations allow the use, processing, and distribution in
commerce of excluded PCB products. 40 CFR 761.20(a) and (c). Except as
otherwise specifically provided, the regulations do not restrict the
forms of use, processing and distribution that are allowed. EPA
specifically identified, as one likely source of PCBs in excluded PCB
products, ``contamination during recycling activities involving''
historic PCBs. 52 FR 25838, 25844 (July 8, 1987). EPA believes that it
is reasonable to interpret the regulations as generally allowing the
recycling of excluded PCB products. Accordingly, under the
interpretation discussed in this notice, to the extent that the
feedstock (scrap materials) to a shredder consists of these kinds of
materials, the plastics separated from the resulting residue could be
recycled (and the resulting recycled product would also be an excluded
PCB product that could be processed, used and distributed in commerce,
including being further recycled), provided the PCB concentration in
any resulting product is below 50 ppm.
Typically, the burden of demonstrating that a regulatory exclusion
applies rests with the party seeking that exclusion. EPA believes that,
for shredders and their suppliers that follow the Voluntary Procedures
document, it is appropriate to generally treat the feedstock as
consisting of excluded PCB products unless there is information
specifically indicating that the feedstock does not qualify. If
shredders and suppliers do not follow the voluntary procedures, they
will need to be able to otherwise demonstrate that the feedstock and
residue meet the exclusion. Clearly if the feedstock materials or
residue contain PCBs at concentrations = 50 ppm, the
materials cannot qualify as excluded PCB products.
EPA acknowledges uncertainty as to the source of the PCBs in
shredder residue. However, EPA believes the procedures, as explained in
the Voluntary Procedures document, can prevent the introduction of PCBs
at levels = 50 ppm. EPA may periodically evaluate the
processes and procedures involved in recycling plastics recovered from
shredder residue. In addition, EPA believes it is likely that the
number of potential sources of PCBs at levels = 50 ppm has
declined since the TSCA section 6(e) prohibitions went into effect. If
PCBs in the feedstock material are < 50 ppm, it is plausible that the
sources of PCBs in the residue are excluded PCB products. The
information available to EPA indicates that the PCBs found associated
with plastics separated from residue are Aroclor PCBs. Aroclors were
intentionally manufactured PCB mixtures, not inadvertently generated
PCBs. Since PCBs in general and Aroclors more specifically have not
been intentionally produced in the U.S. since the prohibitions in TSCA
section 6(e) became effective, the Aroclor identity of the PCBs found
associated with plastics separated from shredder residue suggests that
they were manufactured prior to 1984.
In promulgating the excluded PCB product rule, EPA described the
provision as follows:
EPA is adopting the generic 50 ppm exclusion for the processing,
distribution in commerce, and use, based on the Agency's
determination that the use, processing, and distribution in commerce
of products with less than 50 ppm PCB concentration will not
generally present an unreasonable risk of injury to health or the
environment. EPA could not possibly identify and assess the
potential exposures from all the products which may be contaminated
with PCBs at less than 50 ppm. * * * EPA has concluded that the
costs associated with the strict prohibition on PCB activities are
large and outweigh the risks posed by these activities. 53 FR 24210
(June 27, 1988).
EPA has further stated, with respect to the excluded PCB products
rule: ``These amendments have excluded the majority of low-level PCB
activities (less than 50 ppm) from regulation'' (Ref. 7). Given the
difficulty of determining the precise source of PCBs, EPA believes the
purpose of excluding ``old'' PCBs under the excluded products rule is
best effectuated in these circumstances by treating < 50 ppm materials
entering a shredder as excluded PCB products unless there is
information specifically indicating that the materials do not qualify.
EPA's regulations provide another potentially relevant exclusion
from regulation for PCBs that result from an excluded manufacturing
process. 40 CFR 761.3. EPA believes that this interpretation would also
support recycling plastics if PCBs produced by an excluded
manufacturing process are present in shredder feedstock. However, based
on examination of data provided by ISRI in a ``Summary of Analysis Done
on Plastics Recovered from Shredder Aggregate'' (Ref. 8), for four
types of plastic recovered from shredder residue (i.e., ABS, HIPS, PP,
HDPE (high density polyethylene)), EPA believes it is less likely that
the PCBs that have been found associated with these plastics separated
from shredder residue resulted from excluded manufacturing processes,
because, among other things, EPA has not received notification from
manufacturers required for these processes under 40 CFR 761.185.
EPA requests comment on the regulatory interpretation described
above. EPA will accept comments for 30 days after date of publication
in the Federal Register. If adopted, the interpretation would not be a
legislative rule because it would not impose any binding requirements
on either EPA or the regulated community. EPA is requesting comment on
the approach because EPA is interested in the views of stakeholders on
the approach, not because EPA intends to establish binding
requirements.
IV. References
As indicated under ADDRESSES, a docket has been established for
this notice under docket ID number EPA-HQ-OPPT-2012-0902. The following
is a listing of the documents that are specifically referenced in this
action. The docket includes these documents and other information
considered by EPA, including documents that are referenced within the
documents that are included in the docket, even if the referenced
document is not physically located in the docket. For assistance in
locating these other documents, please consult the person listed under
FOR FURTHER INFORMATION CONTACT.
1. ISRI. Voluntary Procedures for Recycling Plastics from
Shredder Residue, October 24, 2012.
2. ISRI. Letter from Robin K. Weiner to Steve Owens, February
24, 2011.
3. ISRI. Letter Re: Docket ID No. EPA-HQ-OPPT-2009-0757--Advance
Notice Of Proposed Rulemaking, Polychlorinated Biphenyls (PCBs);
Reassessment of Use Authorizations, August 20, 2010.
4. American Chemistry Council. Chemistry and Light Vehicles,
August 2012, available at https://www.plastics-car.com/lightvehiclereport.
5. Nathan Associates, Inc. Economic Impacts and Environmental
Benefits of Separating, Sorting, Processing, and Recycling Plastics
in the Automobile and Appliance Shredder Aggregate, December 21,
2010.
6. Argonne National Laboratory. Recycling End-of-Life Vehicles
of the Future, December 1, 2009, available at https://www.ipd.anl.gov/anlpubs/2010/01/65969.pdf.
7. EPA. PCB Q & A Manual: An EPA TSCA assistance document
designed to provide the regulated community with Agency
interpretations to frequently posed questions, 1994, available at
https://www.epa.gov/osw/hazard/tsd/pcbs/pubs/manual.pdf.
8. ISRI. Summary of Analysis Done on Plastics Recovered from
Shredder Aggregate, Late 2010/Early 2011.
List of Subjects
Environmental protection, Hazardous substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling, Shredder residue.
[[Page 74010]]
Dated: November 29, 2012.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2012-29904 Filed 12-11-12; 8:45 am]
BILLING CODE 6560-50-P