Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations; Extension of Comment Period, 71862-71863 [2021-27407]

Download as PDF 71862 Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 761 [EPA–HQ–OLEM–2021–0556; FRL–7122– 04–OLEM] Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled ‘‘Alternate PCB Extraction Methods and Amendments to PCB Cleanup and Disposal Regulations.’’ EPA published the proposed rule in the Federal Register on October 22, 2021, and the public comment period was scheduled to end on December 21, 2021. However, EPA has received at least one request for additional time to develop and submit comments on the proposal. In response to the request for additional time, EPA is extending the comment period for an additional 30 days, through January 20, 2022. DATES: Comments must be received on or before January 20, 2022. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OLEM–2021–0556, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov (our preferred method). Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information or other information whose disclosure is restricted by statute. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:22 Dec 17, 2021 Jkt 256001 comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are open to the public by appointment only to reduce the risk of transmitting COVID–19. Our Docket Center staff also continues to provide remote customer service via email, phone, and webform. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. For further information on this document, contact Jennifer McLeod, Program Implementation and Information Division, Office of Resource Conservation and Recovery, (202) 566– 0384; email address: mcleod.jennifer@ epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Summary On October 22, 2021 (86 FR 58730), EPA published in the Federal Register a proposal to expand the available options for extraction and determinative methods used to characterize and verify the cleanup of polychlorinated biphenyl (PCB) waste under the federal Toxic Substances Control Act (TSCA) regulations (also referred to as the PCB regulations). These proposed changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the proposed changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. The proposal also included several other amendments to the PCB regulations, such as: The amendment of performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations (e.g., hurricanes or floods); the harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations, PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 clarify ambiguity and correct technical errors. The comment period for the proposed rule was scheduled to end on December 21, 2021. Since publication, EPA has received at least one request to extend that comment period to allow for additional time to develop comments on the proposed rule. After considering this request for additional time, EPA has decided to extend the comment period for an additional 30 days, through January 20, 2022. II. Public Participation Submit your comments, identified by Docket ID No. EPA–HQ–OLEM–2021– 0556, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https://www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Due to public health concerns related to COVID–19, the EPA Docket Center and Reading Room are open to the public by appointment only. Our Docket Center staff also continues to provide remote customer service via email, phone, and webform. Hand deliveries or couriers will be received by scheduled appointment only. For further information and updates on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets. The EPA continues to carefully and continuously monitor information from the Centers for Disease Control and Prevention (CDC), local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID–19. E:\FR\FM\20DEP1.SGM 20DEP1 Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Proposed Rules List of Subjects in 40 CFR Part 761 Environmental protection, Hazardous substances, Incorporation by reference, Labeling, Polychlorinated biphenyls (PCBs), Reporting and recordkeeping requirements. Dated: December 14, 2021. Carolyn Hoskinson, Director, Office of Resource Conservation and Recovery. [FR Doc. 2021–27407 Filed 12–17–21; 8:45 am] BILLING CODE 6560–50–P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES National Endowment for the Humanities Request for Comments NEH requests comments, which NEH must receive at the above address, by the above date. 45 CFR Part 1173 RIN 3136–AA45 Indemnification of Employees National Endowment for the Humanities, National Foundation on the Arts and the Humanities. ACTION: Proposed rule with request for comments. AGENCY: The National Endowment for the Humanities (NEH) is proposing to publish a policy that permits indemnification of NEH employees in appropriate circumstances, as determined by the Chairperson of NEH or the Chairperson’s designee, for claims made against NEH employees as a result of actions taken by them in the scope of their employment. DATES: Send comments on or before January 19, 2022. ADDRESSES: You may send comments by email to gencounsel@neh.gov. Instructions: Include ‘‘3136–AA44’’ in the subject line of the email. FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General Counsel, Office of the General Counsel, National Endowment for the Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606– 8322; gencounsel@neh.gov. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with PROPOSALS Background The Federal courts have upheld the authority of a Federal agency to establish procedures governing the production of records and testimony by personnel in legal proceedings in which the agency is not a party. United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). This proposed rule would establish policies and procedures that the agency will follow when, in a legal VerDate Sep<11>2014 16:22 Dec 17, 2021 Jkt 256001 proceeding, a current or former NEH employee receives a demand or request to testify as to facts or events that relate to his or her official duties or the functions of NEH or to produce official records and information. This proposed rule relates to testimony and the production of records only in connection with legal proceedings to which the United States is not a party. It would not apply to requests under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act of 1974, 5 U.S.C. 552a; Congressional demands or requests for testimony or records; or legal proceedings to which the United States is a party. Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget for review. Executive Order 13132, Federalism This rulemaking does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. Executive Order 12988, Civil Justice Reform This rulemaking meets the applicable standards set forth in section 3(a) and 3(b)(2) of Executive Order 12988. Specifically, this rulemaking is written in clear language designed to help reduce litigation. Executive Order 13175, Indian Tribal Governments Under the criteria in Executive Order 13175, NEH evaluated this rulemaking and determined that it will not have any potential effects on Federally recognized Indian Tribes. Executive Order 12630, Takings Under the criteria in Executive Order 12630, this rulemaking does not have significant takings implications. Therefore, a takings implication assessment is not required. Regulatory Flexibility Act of 1980 This rulemaking will not have a significant adverse impact on a PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 71863 substantial number of small entities, including small businesses, small governmental jurisdictions, or certain small not-for-profit organizations. Paperwork Reduction Act of 1995 This rulemaking does not impose an information collection burden under the Paperwork Reduction Act. This action contains no provisions constituting a collection of information pursuant to the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 This rulemaking does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. National Environmental Policy Act of 1969 This rulemaking will not have a significant effect on the human environment. Small Business Regulatory Enforcement Fairness Act of 1996 This rulemaking will not be a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rulemaking will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. E-Government Act of 2002 All information about NEH required to be published in the Federal Register may be accessed at www.neh.gov. The website www.regulations.gov contains electronic dockets for NEH’s rulemakings under the Administrative Procedure Act of 1946. Plain Writing Act of 2010 To ensure this proposed rule speaks in plain and clear language so that the public can use and understand it, NEH modeled the language of the proposed rule on the Federal Plain Language Guidelines. List of Subjects in 45 CFR Part 1173 Administrative practice and procedure. For the reasons set forth in the preamble, the National Endowment for the Humanities proposes to amend 45 CFR chapter XI by adding part 1173, E:\FR\FM\20DEP1.SGM 20DEP1

Agencies

[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Proposed Rules]
[Pages 71862-71863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27407]



[[Page 71862]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-OLEM-2021-0556; FRL-7122-04-OLEM]


Alternate PCB Extraction Methods and Amendments to PCB Cleanup 
and Disposal Regulations; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is extending the 
comment period for the proposed rule entitled ``Alternate PCB 
Extraction Methods and Amendments to PCB Cleanup and Disposal 
Regulations.'' EPA published the proposed rule in the Federal Register 
on October 22, 2021, and the public comment period was scheduled to end 
on December 21, 2021. However, EPA has received at least one request 
for additional time to develop and submit comments on the proposal. In 
response to the request for additional time, EPA is extending the 
comment period for an additional 30 days, through January 20, 2022.

DATES: Comments must be received on or before January 20, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0556, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments. Do not submit electronically any information you consider to 
be Confidential Business Information or other information whose 
disclosure is restricted by statute.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Docket Center and Reading Room are open to the public by 
appointment only to reduce the risk of transmitting COVID-19. Our 
Docket Center staff also continues to provide remote customer service 
via email, phone, and webform. Hand deliveries and couriers may be 
received by scheduled appointment only. For further information on EPA 
Docket Center services and the current status, please visit us online 
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For further information on this 
document, contact Jennifer McLeod, Program Implementation and 
Information Division, Office of Resource Conservation and Recovery, 
(202) 566-0384; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary

    On October 22, 2021 (86 FR 58730), EPA published in the Federal 
Register a proposal to expand the available options for extraction and 
determinative methods used to characterize and verify the cleanup of 
polychlorinated biphenyl (PCB) waste under the federal Toxic Substances 
Control Act (TSCA) regulations (also referred to as the PCB 
regulations). These proposed changes are expected to greatly reduce the 
amount of solvent used in PCB extraction processes, thereby conserving 
resources and reducing waste. In addition, the proposed changes are 
expected to result in quicker, more efficient, and less costly 
cleanups, due to greater flexibility in the cleanup and disposal of PCB 
waste, while still being equally protective of human health and the 
environment. The proposal also included several other amendments to the 
PCB regulations, such as: The amendment of performance-based disposal 
option for PCB remediation waste; the removal of the provision allowing 
PCB bulk product waste to be disposed as roadbed material; the addition 
of more flexible provisions for cleanup and disposal of waste generated 
by spills that occur during emergency situations (e.g., hurricanes or 
floods); the harmonization of the general disposal requirements for PCB 
remediation waste; and other amendments to improve the implementation 
of the regulations, clarify ambiguity and correct technical errors.
    The comment period for the proposed rule was scheduled to end on 
December 21, 2021. Since publication, EPA has received at least one 
request to extend that comment period to allow for additional time to 
develop comments on the proposed rule. After considering this request 
for additional time, EPA has decided to extend the comment period for 
an additional 30 days, through January 20, 2022.

II. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2021-
0556, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The EPA may 
publish any comment received to its public docket. Do not submit to 
EPA's docket at https://www.regulations.gov any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket 
Center and Reading Room are open to the public by appointment only. Our 
Docket Center staff also continues to provide remote customer service 
via email, phone, and webform. Hand deliveries or couriers will be 
received by scheduled appointment only. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.

[[Page 71863]]

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Incorporation by 
reference, Labeling, Polychlorinated biphenyls (PCBs), Reporting and 
recordkeeping requirements.

    Dated: December 14, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-27407 Filed 12-17-21; 8:45 am]
BILLING CODE 6560-50-P
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