Document 2N29qQJxrnRaykeXK4Gb9Lb1g

\) .i If i i? i! V xiftia i/s'A iT B This development plan establishes an EPA Work Group to write rules for the regulation of polychlorinated biphenyls (PCBs). The ' plan is to submit to the Administrator by June 24, 1977, a final regulation to meet the requirements of section 6(e)(1), and proposed regulations if required^to meet all the remaining requirements of section 6(e) of the Toxic Substances Control Act (TSCA). The Work Group will utilize extensive participation from other agencies, industries, environmentalists, and the public. A status report will be submitted - to the Administrator each month. ( I I \ *T * * 4 J.............;TT DSW 283260 1 ! STLCOPCB4064589 i i i t S V 1 4 l j ! $i 'I > I. I !t } 2 I. Major Regulatory Alternatives There is no alternative to rulemaking. Section 6(e)(1) of TSCA requires the Administrator to promulgate regulations by July 1, 1977, requiring the labelling of PCBs and prescribing methods of disposal for PCBs. Sections 6(e)(2), and (3), require the following prohibi tions within the stated deadlines: January 1, 1978 . January 1, 1979 - Prohibiting the manufacture, process, dis tribution, or use of PCBs except in a totally enclosed manner; . N' ` - Prohibiting the manufacture of PCBs; and July 1, 1979 - Prohibiting the process or distribution in commerce of PCBs. Development of the preceding rules and prohibitions may necessitate promulgation of rules defining various requirements of the prohibi tion and rules under section 6(a)--e.g. monitoring. . . A. Major Issues 1 1.. . Will disposal guidelines be required only for labelled . . products? ' . 2. What will be labelled? Only new products? Inventories? Products in use? Primary and/or secondary products? . ` Products containing PCBs as a contaminant? Will labelling and disposal regulations apply to articles containing PCBs? 3. What percentage of PCB in a mixture constitutes a PCB under the law? . . ,, .4. What will be the impact on existing State laws? . i 5. > . . 6. What constitutes "distribute in commerce"? The sale of buildings with PCB-containing light fixtures and transformers? The sale of recycled paper contaminated with PCBs? 1 ' 4' How will the clause "sold for purposes other than resale" be interpreted? . 1 7. How will "unreasonable risk" and "good faith efforts" " be defined for exemption purposes? . _ 8. Will an Environmental Impact Statement (EIS) and an Inflationary Impact Statement (IIS) be required? jwr-.;- " ; DSW 283261 i STLCOPCB4064590 I 4. vi 1 I 3 9. What impact will the regulations have on other authorities? Clean Air Act (CAA), Federal Water Pollution Control Act (FWPCA), Resources Conservation and Recovery Act (RCRA), . Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) , . Occupational Safety and Health Act (OSIIA), and Consumer Product Safety Act (CPSA). B. Relationship to Existing Programs . Regulation of PCBs under the TSCA could impact the following EPA programs in the following ways: 1. Office of Enforcement . Revision of NPDES Permits under 402(a) of FWPCA. 2. Office of Water Planning and Standards . Promulgation of toxic pollutant standards under . ' section 307 (a) of FWPCA. . Proposal of standards for liability for spills . under section 311 of FWPCA. . Preparation of pretreatment regulations under section 307(b) of FWPCA. ,. * ' . Criteria for water quality under section 304(a) of FWPCA. . Effluent standards under sections 301, 304, and 306 of FWPCA. 3. Office of Air Quality Planning and Standards Preparation of standards under, section 111 or 112 of the Clean Air Act. 4. Office of Solid Waste Management Programs . .' . -Preparation of guidance under section 204 of the Solid . Waste Management Act. .* -Implementation of RCRA. 5. Office of Water Supply .. Standards under Safe Drinking Water Act. DSW 283262 r<r STLCOPCB4064591 1 I C. Litigation . A PCB labelling and disposal regulation will be the first Agency use of section 6 of TSCA authority. Litiga tion is expected on this basis. . II. Internal Coordination '* Other Office Assistance Intra-agency assistance will be provided through partici pation on the Work Group. Upon Development Plan approval, the following offices will be requested to assign a member to the : . Work Group. . - '. OTS - Toxic Substances - Lead Office ' Chairman - George F. Wirth OTS - Toxic Substances Representative . OWHM - Water Planning and Standards Representative . OAWM - Air Quality Planning and Standards Representative OAWM - Solid Waste Program Representative ORD - Monitoring and Technical Support Representative . OE - Representative - Enforcement Method and NPDES Permits 0PM - Planning and Evaluation Representative - Infla- . tionary Impact Statement (IIS), if required OGC - Representative - Informal Hearings Region V - Regional Representative--Alternate to be named from ..Region I. OGC will be responsible for rules for informal hearings under section 6(c), of TSCA, if determined, necessary. Infor mal hearings must be held in time to promulgate final regula tions for labelling and disposal by July 1, 1977. . A Work Group participant will be required to provide up to 30 percent of his time through the final promulgation of the regulation on labelling and disposal of PCBs. The Offices of Toxic Substances and Solid Waste Management Programs will be required to furnish one man-year each toward the first regulation concerning disposal methods. . DSW 283263 STLCOPCB4064592 t 5 In addition, assistance, including attendance at some Work Group Meetings, is invited and anticipated to be required from OFA, ORIO, OIA, OPA, and OL. B. Regional Office Participation Regional Office participation is requested. Regional Office coordination will be performed through ORIO. Regional Office assistance may be needed to resolve TSCA/State law preemption issues because several States have hazardous dis posal regulations and PCB laws. ** . ` * Reports Management Office ' No impact on reports management is expected. ' D. Federal Agency Participation 1. i. Representatives from GSA, DOD, TVA, VA, DOC, and DOT will be invited by the Work Group Chairman to participate as official observers to the Work Group. ' . ` The remainder of the interested Federal community will be invited to an interagency meeting to obtain their data and views before a proposed regulation is written. ' E. International Participation .- ' .i fj .} ,^ j ' .! J It is anticipated that there will be much international interest in these regulations. OIA will keep interested countries informed of the Work Group's activities and outputs. Particularly . . because of TSCA requirements relative to imports and exports, OECD member countries must be kept informed. . \. '. IV. Impact Statement Requirements . ' . ' ... . ' A. Environmental " _ .. ' -. ' . The requirement for an Environmental Impact Statement (EIS) is under discussion with OFA. The labelling and disposal regulation may require an environmental impact statement. . .. B. Inflation . The requirement for an Inflationary Impact Statement (IIS) '* .is under discussion with OPE. <1 ' ......f * -i-i.-v rw - STLCOPCB4064593 I 7i ! i i i. i ! j . . ' j j i i J : . V, Schedule Plan to AA's & Office Directors for Concurrence. , Plan to Administrator. . . General Notice Published in the Federal Register.. ' First Meeting of Work Group. ". Work Group Meetings. .. 1 t i Initiate Impact Assessments, if Required. Report to AA and Administrator on Progress, Determinations, Issues, Alternatives, and Impacts. Brief Other Federal Agencies and Obtain Data and Views. - Public Participation Meeting. . Proposed Regulation for PCBs as Mandated by Section 6(e)(1) (Labelling and Disposal) to AA for Toxic Substances. Proposed Regu lation for Labelling and Disposal of PCBs to Interagency Review. . Proposed Regulation for Labelling and Disposal of PCBs to Steering Committee. Publish Rules for Attorney's Fees and, if Required, for Informal Hearing (from OGC). Proposed Regulation for Labelling and Disposal of PCBs, Notice of Informal ' Hearing. Proposed Regulation for PCBs as Mandated by section 6(e)(1) (Labelling and Disposal), and.Notice of 'Informal Hearing Published in the Federal Register. Proposal for All Other section 6(e) Required Regulations to AA for Toxic Substances and to Interagency Review. . ' M+ft------ November 15, 1976 November 17, 1976 November 18, 1976 November 19, 1976 November 24, 1976 (and at least every Wedne following) December, 1976 December 17, 1976 (and every third Fridr following) January 5, 1977 January 11, 1977 February 4, 1977 February 11, 1977 March 1, 1977 March 25, 1977 ./ April 1, 1977 April 15,- 1977 OSNN STLCOPCB4064594 ( i ( ) it i ADDENDUM i1 POLYCHLORINATED BIPHENYLS ' DEVELOPMENT PLAN m> W t^ Public Participation v . . ` | I j j .. A ,. .' |/ I ; ; . On December 20, 1976; the Work Group Chairman will convene a panel in the Washington Office of affected States, industry, labor, professional _ organizations, and environmental groups. The purpose of the meeting will " be to discuss major issues, review impacts likely from regulation alter- natives, and review public participation. See attached list of invitees . . to the panel. The panel meeting will be open to the public. ' . A public participation meeting will be held on January 11, 1976, ' to allow all interested parties to make comments. The ORIO representative "to the Work Group will comment on public participation activities and . assess the need for additional panel and/or public participation meetings. ORIO will assist OTS with public participation logistics. ; . : A report on these public participation activities will be submitted to the Ad Hoc Advisory Committee or the Permanent Advisory Committee (whichever is appropriate) at their next and subsequent meetings. . STLCOPCB4064595 PCD PANEL , ; !' I i i . Monday, December 20, 1976 . . 10:00 a.m. to 4:30 p.m., Room 3906, WSM . . 401 M St., S.W., Washington, D.C. 20460 . ' . . ' States - Massachusetts, New York, South Carolina, Georgia, Mississippi, : ` Michigan, Indiana, Wisconsin, Minnesota, California, and Washington ' . Industrial - Manufacturing Chemists Association '. Electronics Industries Association . National Electrical Manufacturers Association ' . Edison Electric Institute j National Association'of Manufacturers , / . Certified Ballast Manufacturers Association i' American Railroad Association _ Mass Transit Association ,' . Monsanto Labor - Electronic Workers of America United Electrical Workers of America Chemical and Atomic Workers United Mine Workers of America Teamster's Union . Railroad Workers i , Professional - American Chemical Society ' American Institute of Chemical Engineers ' . . `American Institute of Architects - Institute of Electrical and Electronic Engineers Environmental - Environmental Defense Fund Natural Resources Defense Council, ' Sierra Club . ' Audubon Naturalist Society Citizens for a Better Environment CONCERN, Inc. ' Great Lakes Fishery Commission Inc. / 1 MT t> SVV 283267 ------- / , n -i STLCOPCB4064596