Polychlorinated Biphenyls (PCBs); Recycling Plastics from Shredder Residue, 20640-20642 [2013-07981]
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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices
practicable (followed by flushing with
water and again emptying) and
removing from the hulls other
pollutants and all readily detachable
materials capable of creating debris or
contributing to chemical pollution.
Thus, while the permit requires
appropriate measures to remove to the
maximum extent practicable all
materials that may degrade the marine
environment, the permit also recognizes
that it may be impracticable to remove
some materials.
In a letter dated August 2, 1999 from
EPA to the Navy, EPA provided its
interpretation of the MPRSA general
permit requirement to ‘‘remove to the
maximum extent practicable all
materials that may degrade the marine
environment’’ as including
polychlorinated biphenyls (PCB)
containing materials, such as ship
components containing PCBs. See Letter
from Robert H. Wayland, Director of the
Office of Wetlands, Oceans and
Watersheds, to Elsie L. Munsell, Deputy
Assistant Secretary of the Navy (Aug. 2,
1999). This letter states that:
vessels so as to impede the SINKEX, the
Navy may leave such items in place
(e.g., felt materials that are bonded in
bolted flanges or mounted under heavy
equipment, certain paints, and
adhesives).’’ EPA further noted that
‘‘objects may be considered not capable
of practicable removal if equipment
must be disassembled or removed for
access to the objects, if the objects must
be removed by heat, chemical stripping,
scraping, abrasive blasting or similar
process, or if removal would endanger
human safety or health even when
conducted with protective equipment
and reasonable safety measures.’’
Further, the August 2, 1999 letter states
that the Navy shall report annually to
EPA, the effort taken to clean each
vessel prior to SINKEX and provide an
estimate of the weight of PCBs present
onboard at the time of sinking.
toxicity, persistence, and bioaccumulation of
PCBs and should include monitoring at
multiple recent sink sites. Studies should
also assess the releases of other potentially
hazardous pollutants into the marine
environment from the SINKEX program
including heavy metals, asbestos and
radioactive substances.
III. Today’s Action
EPA is providing the opportunity for
public comment on the two petitions
received that request EPA amend the
MPRSA general permit as it relates to
removal of PCBs from ships used in
Navy’s SINKEX program. The first
petition, dated June 2011, and
submitted by the Sierra Club and the
Basel Action Network, requested that
EPA:
BILLING CODE 6560–50–P
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Before engaging in a SlNKEX, the Navy
must conduct an inventory of each SINKEX
vessel to ascertain the presence of PCBs. This
inventory and list of items removed prior to
sinking must be provided to EPA in the
annual report * * *. Before sinking a
SINKEX vessel, qualified personnel at a Navy
or other approved facility shall:
—Remove all transformers containing 3
pounds or more of dielectric fluid and all
capacitors containing 3 pounds or more of
dielectric fluid.
—Use all reasonable efforts to remove any
capacitors and transformers containing less
than 3 pounds of dielectric fluid from the
vessel. Reasonable efforts include, but are
not necessarily limited to, the removal of
capacitors from electrical and control
panels by using hand tools such as wire or
bolt cutters or a screw driver.
—Drain and flush hydraulic equipment, heat
transfer equipment, high/low pressure
systems, cutting power machinery which
uses cooling or cutting oil, and containers
containing liquid PCBs at greater than or
equal to 50 parts per million (ppm).
Amend the MPRSA general permit for
SINKEX to comply with the MPRSA by
reflecting the latest scientific knowledge
about the amount of PCBs disposed through
the SINKEX program and about leaching of
PCBs from sunken ships. At a minimum, the
permit should be amended to require:
a. Materials containing PCBs to be removed
from ships to the ‘‘maximum extent
practicable’’ with the best current techniques;
and
b. Prior to sinking, remediate ships to the
London Convention’s ‘‘trace contaminant’’
requirement.
In the August 2, 1999 letter from EPA
to the Navy, EPA noted that ‘‘it is often
practicable to remove non-liquid PCBcontaining materials, including: air
handling system gaskets; rubber; plastic;
dried applied paint that is flaked-off;
electrical cable insulation; and other
non-liquid coatings and material, before
sinking the vessel.’’ To the extent that
their removal is practicable, EPA
explained that ‘‘these non-liquid PCBcontaining materials are required to be
removed under the MPRSA permit.
However, when such objects cannot be
practicably removed or their removal
threatens the structural integrity of the
1. Effective immediately, requiring all PCBcontaminated materials in concentrations of
50 ppm or greater to be removed from
SINKEX vessels prior to sinking;
2. Requiring all PCB-contaminated
materials in concentrations of less than 50
ppm to be removed from SINKEX vessels
prior to sinking to the maximum extent
practicable; and
3. Requiring additional studies to
determine whether PCB-contaminated
materials in concentrations of less than 50
ppm constitute ‘‘trace’’ contaminants, such
that their dumping will not cause
undesirable effects including the possibility
of bioaccumulation. Such additional studies
should include the most recent data on the
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The second petition, dated April
2012, and submitted by the Basel Action
Network, Sierra Club, and the Center for
Biological Diversity, again requested
that EPA amend the existing MPRSA
permit for SINKEX:
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Technical studies and data that
accompanied the petitions are included
in the docket for this proceeding. As
noted above, EPA has not made the
copyrighted material available on the
Internet, but that material is publicly
available in hard copy form via the
Public Reading Room in EPA’s Docket
Center.
Dated: March 28, 2013.
Nancy Stoner,
Acting Assistant Administrator, Office of
Water.
[FR Doc. 2013–07988 Filed 4–4–13; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2012–0902; FRL–9382–9]
Polychlorinated Biphenyls (PCBs);
Recycling Plastics from Shredder
Residue
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is announcing an
interpretation of its regulations that will
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.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2012–0902, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Please review the visitor
instructions and additional information
SUMMARY:
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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices
about the docket available at https://
www.epa.gov/dockets.
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 interpreting its regulations to
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.
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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
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products’’ and ‘‘excluded PCB manufacturing
processes’’ (as defined in 40 CFR 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 in the docket at
docket ID number EPA–HQ–OPPT–
2012–0902.
On December 12, 2012, EPA
published a notice of request for public
comments in the Federal Register,
entitled Polychlorinated Biphenyls
(PCBs); Recycling Plastics From
Shredder Residue (77 FR 74006).
Additional background information on
recycling activities that would be
affected by this interpretation, including
potential environmental and economic
benefits, is provided in the December
12, 2012 notice and supporting
materials are available in the docket at
docket ID number EPA–HQ–OPPT–
2012–0902. In response to this notice,
27 unique public comment submissions
were received by the Agency. Of these,
some 23 were supportive of the
interpretation the Agency explained in
the notice. In general, these commenters
emphasized the environmental and
economic benefits that recycling of
plastic from shredder residue would
provide, and concurred with EPA’s
assessment of the facts and
interpretation of the PCB regulations as
they applied to shredder residue and the
use of plastics recovered from that
residue. Two submissions, including a
consolidated submission submitted on
behalf of nine environmental
organizations, objected to the Agency’s
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20641
adoption of this interpretation on a
number of points, such as
environmental justice, the adequacy of
the underlying data and analysis, as
well as the legal basis for the Agency’s
interpretation. Finally, one commenter
suggested changes to the Voluntary
Procedures for Recycling Plastics from
Shredder Residue and another
commenter submitted an administrative
request regarding the comment period.
All public comments received in
response to the notice are available in
the docket, as is a Response to
Comments Document developed by EPA
(Ref. 3). After review and consideration
of the comments received, EPA has
decided to adopt the interpretation
discussed in the December 12, 2012
notice and summarized in Unit III. of
this notice.
III. Summary of Interpretation
The interpretation will 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
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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices
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leaks and spills of PCBs in concentrations
over 50 ppm.
40 CFR 761.3.
EPA regulations allow the use,
processing, and distribution in
commerce of excluded PCB products. 40
CFR 761.20(a) and (c). Except as
otherwise 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, to the extent that the
feedstock (scrap materials) to a shredder
consists of these kinds of materials, the
plastics separated from the resulting
residue can be recycled (and the
resulting recycled product is also an
excluded PCB product that can be
processed, used and distributed in
commerce, including being further
recycled), provided the PCB
concentration in any resulting product
is below 50 parts per million (ppm).
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 for Recycling Plastics from
Shredder Residue, 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 for
Recycling Plastics from Shredder
Residue, 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 for Recycling
Plastics from Shredder Residue, 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
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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
United States 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. 4). 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.
After reviewing the comments
received, EPA has weighed the
competing considerations and decided
to adopt, through this notice, the
interpretation discussed in the
December 12, 2012 notice. 77 FR 74006
(December 12, 2012). This interpretation
is not a legislative rule because it does
not impose any binding requirements on
either EPA or the regulated community.
IV. References
As indicated under ADDRESSES, a
docket has been established for this
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Sfmt 4703
notice under docket ID number EPA–
HQ–OPPT–2012–0902. The following is
a listing of the documents that are
specifically referenced in this notice.
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. EPA. Agency Response to
Comments—Polychlorinated Biphenyls
(PCBs); Recycling Plastics From
Shredder Residue, March 2013.
4. 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.
List of Subjects
Environmental protection, Hazardous
substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling,
Shredder residue.
Dated: March 29, 2013.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
[FR Doc. 2013–07981 Filed 4–4–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9798–9]
Notice of Proposed CERCLA
Agreement and Order on Consent for
Removal Action by Bona Fide
Prospective Purchaser; All Metals
Processing Company Site, San
Fernando Valley Area 2 Superfund
Site, Glendale Chromium Operable
Unit, 264 W. Spazier Ave., Burbank,
California
Notice; request for public
comment.
ACTION:
Notice is hereby given
pursuant to Section 122(i), of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, as Amended (CERCLA) that
the United States Environmental
Protection Agency (EPA) has reached a
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20640-20642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07981]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2012-0902; FRL-9382-9]
Polychlorinated Biphenyls (PCBs); Recycling Plastics from
Shredder Residue
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing an interpretation of its regulations that
will 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.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2012-0902, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280. Please review the visitor
instructions and additional information
[[Page 20641]]
about the docket available at https://www.epa.gov/dockets.
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 interpreting its regulations to 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.
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 CFR
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 in the docket at docket ID number EPA-HQ-OPPT-
2012-0902.
On December 12, 2012, EPA published a notice of request for public
comments in the Federal Register, entitled Polychlorinated Biphenyls
(PCBs); Recycling Plastics From Shredder Residue (77 FR 74006).
Additional background information on recycling activities that would be
affected by this interpretation, including potential environmental and
economic benefits, is provided in the December 12, 2012 notice and
supporting materials are available in the docket at docket ID number
EPA-HQ-OPPT-2012-0902. In response to this notice, 27 unique public
comment submissions were received by the Agency. Of these, some 23 were
supportive of the interpretation the Agency explained in the notice. In
general, these commenters emphasized the environmental and economic
benefits that recycling of plastic from shredder residue would provide,
and concurred with EPA's assessment of the facts and interpretation of
the PCB regulations as they applied to shredder residue and the use of
plastics recovered from that residue. Two submissions, including a
consolidated submission submitted on behalf of nine environmental
organizations, objected to the Agency's adoption of this interpretation
on a number of points, such as environmental justice, the adequacy of
the underlying data and analysis, as well as the legal basis for the
Agency's interpretation. Finally, one commenter suggested changes to
the Voluntary Procedures for Recycling Plastics from Shredder Residue
and another commenter submitted an administrative request regarding the
comment period. All public comments received in response to the notice
are available in the docket, as is a Response to Comments Document
developed by EPA (Ref. 3). After review and consideration of the
comments received, EPA has decided to adopt the interpretation
discussed in the December 12, 2012 notice and summarized in Unit III.
of this notice.
III. Summary of Interpretation
The interpretation will 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
[[Page 20642]]
leaks and spills of PCBs in concentrations over 50 ppm.
40 CFR 761.3.
EPA regulations allow the use, processing, and distribution in
commerce of excluded PCB products. 40 CFR 761.20(a) and (c). Except as
otherwise 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, to the
extent that the feedstock (scrap materials) to a shredder consists of
these kinds of materials, the plastics separated from the resulting
residue can be recycled (and the resulting recycled product is also an
excluded PCB product that can be processed, used and distributed in
commerce, including being further recycled), provided the PCB
concentration in any resulting product is below 50 parts per million
(ppm).
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 for
Recycling Plastics from Shredder Residue, 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 for Recycling Plastics from Shredder Residue, 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 [gteqt] 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 for Recycling Plastics from Shredder Residue,
can prevent the introduction of PCBs at levels [gteqt] 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 [gteqt] 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 United
States 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. 4). 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.
After reviewing the comments received, EPA has weighed the
competing considerations and decided to adopt, through this notice, the
interpretation discussed in the December 12, 2012 notice. 77 FR 74006
(December 12, 2012). This interpretation is not a legislative rule
because it does not impose any binding requirements on either EPA or
the regulated community.
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
notice. 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. EPA. Agency Response to Comments--Polychlorinated Biphenyls
(PCBs); Recycling Plastics From Shredder Residue, March 2013.
4. 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.
List of Subjects
Environmental protection, Hazardous substance, PCBs, Plastic,
Polychlorinated biphenyls, Recycling, Shredder residue.
Dated: March 29, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-07981 Filed 4-4-13; 8:45 am]
BILLING CODE 6560-50-P
