Polychlorinated Biphenyls (PCBs): Manufacturing (Import) Exemption for the Defense Logistics Agency (DLA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY:
The U.S. Environmental Protection Agency (EPA or the Agency) is taking final action on a petition from the United States Defense Logistics Agency (DLA) to import foreign-manufactured polychlorinated biphenyls (PCBs). For purposes of the Toxic Substances Control Act (TSCA), “manufacture” is defined to include the import of chemical substances into the customs territory of the United States. With certain exceptions, section 6(e)(3) of TSCA bans the manufacture, processing, and distribution in commerce of PCBs. One of these exceptions is TSCA section 6(e)(3)(B), which gives the EPA authority to grant petitions to import PCBs into the customs territory of the United States for a period of up to 12 months, provided the EPA can make certain findings by rule.
On April 23, 2013, the EPA received a petition from DLA, a component of the United States Department of Defense (DOD), to import PCBs that DOD currently owns in Japan for disposal in the United States. The EPA is granting DLA's petition as of October 1, 2014. This decision to grant the petition allows DLA to “manufacture” (i.e., import) certain PCBs for disposal. Without an exemption granted by the EPA, DLA would not be allowed to import the PCB waste to the U.S. for proper disposal.
DATES:
This final rule is effective October 1, 2014.
IV. Final Disposition of This Exemption Petition
A. The Petition: April 23, 2013 Petition to Import PCBs Located in Japan
On April 23, 2013, DLA submitted a petition seeking a 1-year exemption to import PCBs and PCB Items currently in storage at U.S. military installations in Japan (Ref. 1). DLA estimates as much as 1,014,222 pounds of waste contaminated with PCBs could be generated in Japan through calendar year 2014.
The material in Japan consists of transformers (drained and un-drained), large and small capacitors, voltage regulators, switches, electromagnets, circuit breakers, reclosers, electrical cable, electric light ballasts, used dielectric fluids containing PCBs, and PCB-contaminated soil and debris (e.g., rags, small parts, packaging materials).
Ninety four percent of the waste is at PCB concentrations below 50 ppm. Details of the particular amounts and concentrations DLA is petitioning to import can be found in Attachment 1 of the DLA petition, which can be found in the docket to this rulemaking. The EPA has concluded that import of the DLA PCBs will not cause a shortage of domestic PCB storage or disposal capacity. In addition, the EPA has concluded the amounts of PCBs available for import are small in comparison to domestic generation, and pose little threat of overwhelming domestic disposal capacity (Ref. 4).
So we care so much about fucking Japan, but won't even clean up our own fucking rivers and waterways contaminated with PCB's for DECADES?
https://www.federalregister.gov/documents/2014/09/29/2014-23104/polychlorinated-biphenyls-pcbs-manufacturing-import-exemption-for-the-defense-logistics-agency-dla