[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Proposed Rules]
[Pages 4759-4760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1943]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 761
[EPA-HQ-RCRA-2008-0123; FRL-9108-1]
RIN 2050-AG42
Polychlorinated Biphenyls: Manufacturing (Import) Exemption for
Veolia ES Technical Solutions, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of proposed rule.
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SUMMARY: On November 14, 2006, Veolia ES Technical Solutions, LLC,
(Veolia) submitted a rulemaking petition to the U.S. Environmental
Protection Agency (EPA) requesting to import up to 20,000 tons of
polychlorinated biphenyl (PCB) waste from Mexico for disposal at
Veolia's TSCA-approved facility in Port Arthur, Texas. Based on the
information available at that time, EPA proposed to grant Veolia's
request in the proposed rule, Polychlorinated Biphenyls: Manufacturing
(Import) Exemption for Veolia ES Technical Solutions, LLC.
[[Page 4760]]
Since that time, Veolia submitted a request to withdraw its petition
from the rulemaking process. Due to this request, EPA is withdrawing
this proposed rule.
DATES: The proposed rule is withdrawn as of January 29, 2010.
FOR FURTHER INFORMATION CONTACT: William Noggle, Office of Resource
Conservation and Recovery, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 347-8769; e-mail address: [email protected]. Mail inquiries
may be directed to the Office of Resource Conservation and Recovery
(ORCR), (5304W), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION: With certain exceptions, section 6(e)(3) of
the Toxic Substances Control Act (TSCA) bans the manufacture,
processing, and distribution in commerce of polychlorinated biphenyls
(PCBs). Under TSCA section 3(7), ``manufacture'' is defined to include
import into the Customs Territory of the United States. However, TSCA
section 6(e)(3)(B) gives EPA the authority to grant petitions to
perform these activities for a period of up to 12 months, provided EPA
can make certain findings by rule. To issue such a rule, EPA must issue
a proposed rule and provide the public an opportunity for an informal
public hearing, if requested.
On November 14, 2006, Veolia submitted a rulemaking petition to EPA
requesting to import up to 20,000 tons of PCB waste from various
locations in Mexico for disposal at Veolia's TSCA-approved facility in
Port Arthur, Texas. Based on the information available at that time,
EPA proposed to grant Veolia's request in the proposed rule,
Polychlorinated Biphenyls: Manufacturing (Import) Exemption for Veolia
ES Technical Solutions, LLC, which was published in the Federal
Register on March 6, 2008 (73 FR 12053). In addition to receiving
written public comment, EPA held a public hearing on June 19, 2008, in
Port Arthur, Texas, to receive additional written and oral comments and
presentations regarding the proposed rule.
The details of the procedure for participating in the hearing
pursuant to 40 CFR 750.18-750.21 are documented in the Federal Register
notice for the hearing (73 FR 28786, May 19, 2008). In addition to all
of the pre-registered speakers, EPA permitted any hearing attendee to
state his or her comments and/or to make a presentation, if desired.
EPA posted all the hearing presentations and the verbatim transcript of
the hearing to the rulemaking docket. EPA also conducted post-hearing
proceedings herein referred to as the ``question and answer'' process.
The ``question and answer'' process was designed to allow the public to
question the factual nature of material presented at the hearing. The
process also granted the public two more opportunities to submit
comments and/or questions to all hearing participants, including EPA.
All the documents for the ``question and answer'' process are in the
docket. These post-hearing proceedings were completed on October 18,
2009.
Subsequently, on November 17, 2009, Veolia submitted a request to
withdraw its petition from the rulemaking process (docket entry EPA-HQ-
RCRA-2008-0123-86). Due to this request, EPA is withdrawing this
proposed rule. Withdrawing the proposed rule is the Agency's final
action on this rulemaking. EPA will not issue a final rule on the
proposal and will not respond further to comments that were filed for
this rulemaking.
Lists of Subjects in 40 CFR Part 761
Environmental protection, Hazardous substances, Labeling,
Polychlorinated biphenyls, Reporting and recordkeeping requirements.
Dated: January 22, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-1943 Filed 1-28-10; 8:45 am]
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