Document Xv0QO1o3eyZM6yMooN9M6q4G

PUBLIC LAW 94-469--OCT. 11, 1976 90 STAT. 2025 (e) Polychlorinated Biphenyls.--(1) Within six months after Rules. \ the effective date of this Act the Administrator shall promulgate i rules to-- . (A) prescribe methods for the disposal of polychlorinated biphenyls, and (B) require polychlorinated biphenyls to be marked with clear and adequate warnings, and instructions with respect to their processing, distribution in commerce, use, or disposal or with respect to any combination of such activities. . Requirements prescribed by rules under this paragraph shall be con sistent with the requirements of paragraphs (2) and (3). _ (2) (A) Except as provided under subparagraph (B), effective one ! year after the effective date of this Act no person may manufacture, process, or distribute in commerce or use any polychlorinated biphenyl m any manner other than in a totally enclosed manner. (B) The Administrator may by rule authorize the manufacture, . processing, distribution in commerce or use (or any combination of such activities) of any polychlorinated biphenyl in a manner other than : in a totally enclosed manner if the Administrator finds that such manu facture, processing, distribution in commerce, or use (or combination of such activities) will not present an unreasonable risk of injury to . health or the environment. . (C) For the purposes of this paragraph, the term "totally enclosed "Totally enclosed manner" means any manner which will ensure that any exposure of manner." human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule. (3) (A) Except as provided in subparagraphs (B) and (C)--- (i) no person may manufacture any polychlorinated biphenyl after two years after the effective date of this Act, and (ii) no person may process or distribute in commerce any poly chlorinated biphenyl after two and one-half years after such date. ~ (B) Any person may petition the Administrator for an exemption Petition for from the requirements of subparagraph (A), and the Administrator exemption, may grant by rule such an exemption if the Administrator finds that-- ' 1. ' (i) an unreasonable risk of injury to health or environment would not result, and _ (ii) good faith efforts have, been made to develop a chemical ` substance which does not present an unreasonable risk of injury " to health or the environment and which may be substituted for such polychlorinated biphenyl. - An exemption granted under this subparagraph shall be subject to Terms and such terms and conditions as the Administrator may prescribe and conditions, shall be in effect for such period (but not more than one year from . the date it is granted) as the Administrator may prescribe. (C) Subparagraph (A) shall not apply to the distribution in com merce of any polychlorinated biphenyl if such polychlorinated biphenyl was sold for purposes other than resale before two and one half years after the date of enactment of this Act. (4) Any rule under paragraph (1), (2)(B), or (3) (B) shall be promulgated in accordance with paragraphs (2), (3), and (4) of sub section (c). __ (5) This subsection does not limit the authority of the Adminis trator, under any other provision of this Act or any other Federal law, to take actjon respecting any polychlorinated biphenyl. DSW 310517 STLCOPCB4070504 90 STAT. 2024 PUBLIC LAW 94-469--OCT. 11, 1976 a proceeding, the Administrator shall take into account the number and complexity of such issues and the extent to which representation of such interest will contribute to widespread public participation in the proceeding and representation of a fair balance of interests for the resolution of such issues. (B) In determining whether compensation should be provided to a person under subparagraph (A) and the amount of such compensa tion, the Administrator shall take into account the financial burden which will be incurred by such person in participating in the rule making proceeding. The Administrator shall take such action as may be necessary to ensure that the aggregate amount of-compensa tion paid under this paragraph in any fiscal year to all persons who, in rulemaking proceedings in which they receive compensation, are S3: persons who either-- (i) would be regulated by the proposed rule, or . (ii) represent persons who would be so regulated, may not exceed 25 per centum of the aggregate amount paid as com pensation under this paragraph to all persons in such fiscal year. (5) Paragraph (1), (2), (3), and (4) of this subsection apply to the promulgation of a rule repealing, or making a substantive amendment to, a rule promulgated under subsection (a). n (d) Effective Date.--(1) The Administrator shall specify in any rule under subsection (a) the date on which it shall take effect, which date shall be as soon as feasible. Publication in (2) (A) The Administrator may declare a proposed rule under sub Federal Register. section (a) to be effective upon its publication in the Federal Register J :1` 13 : and until the effective date of final action taken, in accordance with subparagraph (B), respecting such rule if-- (x) the Administrator determines that-- . (I) the manufacture, processing, distribution in com . merce, use, or disposal of the chemical substance or mixture subject to such proposed rule or any combination of such : activities is likely to result in an unreasonable risk of serious . . -or widespread injury to health or the environment before such effective date; and (II) making such proposed rule so effective is necessary to protect the public interest; and (ii) in the case of a proposed rule to prohibit the manufacture, processing, or distribution of a chemical substance or mixture because of the risk determined under clause (i) (I), a court has in an action under section 7 granted relief with respect to such risk associated with such substance or mixture. Such a proposed rule which is made so effective shall not, for pur poses of judicial review, be considered final agency action. Notice. (B) If the Administrator makes a proposed rule effective upon its publication in the Federal Register, the Administrator shall, as expe ditiously as possible, give interested persons prompt notice of such action, provide reasonable opportunity, in accordance with paragraphs (2) and (3) of subsection (c), for a hearing on such rule, and either promulgate such rule (as proposed or with modifications) or revoke it; and if such a hearing is requested, the Administrator shall com mence the hearing within five days from the date such request is made unless the Administrator and the person making the request agree upon a later date for the hearing to begin, and after the hearing'is concluded the Administrator shall, within ten days of the conclusion of the hearing, either promulgate such rule (as proposed or with modifications) or revoke it. . -) r. / / 0snN 3^05^ STLCOPCB4070505  r- O c~o4, < co in o O "n *o co \7 n in Er_"n Dsw^osn STLCOPCB4070506 PESTICIDE EXTENDER IN K SEALANT & CAULKING COMPOUND PAPER COATING . < > "0 r 3E z 5o X__ Irn SS2 mHI m< r> C0 H ^ 2 N c < O 3 ~ O > Z S3 > C r; m > H H 3) > 2 mnOZ cO m 33 33 B=> O TS n c- C0 T1 m 33 H H O TS r Z c o o r3 D cB oo s c rn o z < mm H mz H S3 m O-K O mr~ a "0 nn jt m o H 2 o > r" rn r- m o H 3J o > r" oo > H Z 0 ^-o m 3* _ O O H OH > "0 3>3 >Z g H O 3 o-n O 33 _ > p m O c 33 33 rn 3g H w > Z H "Om r23^3* 0 mm h'li ctn] Uo) 0S>N 3^0520 STLCOPCB4070507 THOUSANDS OF POUNDS DSW 310521 STLCOPCB4070508 IfllSTflY POLYCHLORINATED BIPHENYL ! " ' 32 2' 3' ri I i C= C . C=C ^ : V/ \ / \ :- 4--C C--C C-- 4' W // \ // C--c c --c till 56 6' 5' CHLORINATION FROM O(C12H10)----->10(C12CI ) . .' - : : TOXICITY -- VARIES BY NUMBER & POSITION OF CHLORINES PERSISTENCE -- 4 CHLORINES & UP >- - DECOMPOSITION PRODUCTS DIBENZOFURAN HYDROXYLATED CHLORINATED BIPHENYL DESIRED PROPERTIES -- DIELECTRIC CONSTANT - NON-FLAMMABILITY THERMAL CONDUCTIVITY DSW 310522 STLCOPCB4070509 1 1930 -- BEGAN PRODUCTION - 193S -- FIRST OCCUPATIONAL EXPOSURE SYMPTOMS I960 -- FOUND IN ENVIRONMENT (SWEDISH DDT WORK) 1988 -- JAPANESE RICE OIL CONTAMINATION 1970 -- USDA BANS IN PESTICIDES 1971 -- FEDERAL TASK FORCE & CONFERENCE -- MONSANTO RESTRICTS SALES 1972 -- MICH. & WISC. WARNING ON LAKE MICHIGAN FISH -- GSA BANS USE IN PAPER ' -- ANSI PUBLISHES HANDLING & DISPOSAL PROCEDURE -- USD! BANS USE IN OFFSHORE OIL DRILLING 1973 -- FDA TEMPORARY TOLERANCES & RESTRICTIONS -- OECD DECISION TO SUPPORT CONTROL 1975 -- 2nd NATIONAL CONFERENCE ... -- FISH BAN IN MINN. - -- EPA ADMINISTRATOR CALLS FOR ELIMINATION FROM COMMERCE -- EPA PROPOSES SPILL REGULATIONS 1976 -- FISH BANS IN S.C., N.Y., GA., IND. -- NY WARNING ON LAKE ONTARIO FISH -- MICH., IND., WISC. PASS RESTRICTION LAWS -- EPA PROPOSES TOXIC EFFLUENT STANDARD (WATER) -- EPA PUBLISHES DISPOSAL GUIDANCE -- PROPOSED TSCA BANS FROM COMMERCE IN-2% YEARS 0S\N 3AQ523 STLCOPCB4070510