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Tuesday March 10, 1981 Qvf Part 111 Environmental Protection Agency Polychlorinated Biphenyls tPCBs); Use In Electrical Equipment; Court Order pn . Inspection and Maintenance 05*3307 PCB-ARCH0747310 000000225.000001 16090 Fodornl Register / Vol. 46, No. 46 / Tuesday. March 10,1981 / Rules and Rogulotiona ENVIRONMENTAL PROTECTION AQENCY 40 CFR Part 761 tTt FRL1773-3; OPTS 62014] Polychlorinatad Biphenyls (PCBs) Manufacturing, Processing, Distribution In Commerce and Use Prohibitions; Use In Electrical Equipment; Court Order on Inspection and Maintenance AOKNCY: Environmental Protection Agency (EPA). - action: Rule related court order and enforcement notice. summary: On October 30,1980. the U.S. Court of Appeals for the District of Columbia Circuit ruled, in relevant part that regulations issued by EPA which characterized intact non-leaking transformers, capacitors, and electromagnets containing polychlorinatad biphenyls (PCBs) as "totally enclosed'* for purposes of section 6(e) of the Toxic Substances Control Act (TSCA) were unsupported by the rulemaking record and remanded tine regulations to EPA for further consideration. In response to a motion by EPA and certain other parties to the case, the Court issued an Order on Februaiy 12,1981 requiring EPA to undertake rulemaking concerning the use of PCBs in electrical equipment and staying issuance of the Court's mandate for a period of eighteen months. During the period of the stay, the existing PCB regulations will remain in effect with the additional requirement that certain owners and users of transformers containing 60 parts per million (ppm) of PCBs or greater must undertake certain Inspection and maintenance procedures known aa the Interim Measures Program. PATifc The Interim Measures Program fw.twpf.ltnn and mftfptenanCB of PCB Transformers and PCB-Conlaminated 1981^ yittaiaStyju- 1KJRFURTHZR INFORMATION CONTACT: John B, Ritch. Jr., Industry Assistance Office (TS-799). Office of Pesticides and Toxic Substances, Environmental Protection Agency, 401M St SW,, Washington, D.C. 20480, Toll free: {800 424-9065), In Washington, D.C (554 1404). 9UFFUEMKNTARY INFORMATION: L Background Section 8(e) of the Toxic Substances Control Act (TSCA) prohibits all manufacture, processing, distribution in oommerce, and use of PCBs after July 1, 1979. The statute sets forth only limited exceptions to this broad prohibition. Section 6(e)(2) provides that EPA may allow the continued use of PCBs in a "totally enclosed manner". A "totally enclosed manner" is defined to be "any manner which will ensure that any exposure of human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule." Section 6(e)(2) also allows EPA to authorize, by rule, the continued use of PCBs in a manner other than in a "totally enclosed manner" if EPA finds such use "will not present an unreasonable risk of injury to health or the environment" EPA promulgated regulations under 40 CFR Part 761, published in the Federal Register of May 31,1979 (44 FR 31514), to implement section 6(e) of TSCA. The regulations designated all intact non leaking, electrical capacitors, electromagnets, and non-railroad transformers as "totally enclosed", thus permitting their continued use. The regulations also defined "PCB" for purposes of section 6(e) as PCBs in concentrations of 50 ppm or greater, thus excluding manufacturing, processing, distribution in commerce, and use of PCBs in concentrations below 50 ppm from regulation. The Environmental Defense Fund (EDF) petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review three aspects of these PCB regulations, including the determination that intact non-leaking transformers, capacitors, and electromagnets are "totally enclosed" and the 50 ppm cutoff for applicability of the regulations (Environmental Defense Fund, Inc. v. Environmental Protection Agency, No. 79-1580). On October 30. 1980 the Court rendered its decision. The Court found that the Agency did not have an adequate rulemaking record to support the determination that the use of PCB-containing transformers, capacitors, and electromagnets are "totally enclosed" uses of PCBs or to support the 50 ppm regulatory cutoff. The Court remanded these parts of the regulations to EPA for further action. The effect of the Court's October 30. 1980 decision, once the mandate issues, would be to make the continued use of PCB-containing transformers, capacitors, and electromagnets and the continued manufacture, procesaing, distribution in commerce, and use of PCBs below BO ppm a violation of section 6(e) of TSCA subjecting the persons involved in these activities to possible EPA enforcement actions or citizen suits under section 20 of TSCA.' Certain industry representatives had Intervened in the EDF v. EPA case. They filed petitions for rehearing which were denied on December 15.1980. On . December 19,1980, EPA, EDF, and certain intervenors asked the Court to stay its mandate until January 21.1981 to allow the parties and others to reach agreement on such further rulemaking by EPA as might be necessary. The Court granted this request During the period of this stay, EPA. EDF, the intervenors, and other interested persons from industry held extensive discussions to mutually develop a Joint Motion to submit to the Court On January 21,1981, EPA, EDF, and certain intervenors from industry filed the Joint Motion with the Court asking for an eighteen-month stay of the Courtis mandate with respect to the part of the decision which set aside the classification of transformers, capacitors, end electromagnets as totally enclosed. During the period of the stay, EPA would undertake a rulemaking relating to the use of PCBs in electrical equipment beginning with an Advance Notice of Proposed Rulemaldng (ANPR). In addition, the Edison Electric Institute (EEI), through the Utility Solid Waste Activities Group (USWAG). agreed to undertake the development of some of the factual material necessary for further rulemaking. The movants agreed on certain interim, risk-reduction measures that could be taken with respect to transformers containing PCBs at 50 ppm or greater and suggested that the Court make these measures a condition of the eighteen-month stay. The movants indicated to the Court that the stay would be necessary in order to avoid the adverse impacts of the decision. If the mandate issued, persons who had been adhering to the PCB regulations would have found themselves in violation of section 6(e) of TSCA. Transformers and capacitors are widely used by electric utilities and industry for efficient energy transmission. Sudden cessation of their use would cause substantial dislocation. On February 12, 1981, the Court granted the requests of the Joint Motion and entered an Order. The January 21.1981 joint Motion also requested a stay of that portion of the decision which set aside the 50 ppm regulatory cutoff. For the use of transformers, capacitors, and electromagnets with PCBs in concentrations below 50 ppm, the stay would be eighteen months. For ail other manufacturing, processing, distribution In commerce, end use of PCBs below 50 ppm the Joint Motion requested a stay of only thirty days. This was because, at of 0543308 l i PCB-ARCH0747311 000000225.000002 Federal Register / Vol. 46, No. 46 / Tuesday, March 10, 1981 / Rules and Regulations 16091 the time of the January 21,1081 Joint Appendix A to the Court's Order and 1. PCB Transformers (those that Motion, a program for further action by are discussed more fully in the related contain 800 ppm PCBs or greater) and EPA in response to the 50 ppm issue had ANPR which follows this Notice. PCB-Contaminated Transformers (those not been developed. The Court granted this 30*day stay in its February 12.1981 Order, and during the period of the stay, G EPA Rulemaking forPCBs in Electrical Equipment that contain between 50 ppm and 500 ppm PCBs) posing an exposure risk to food and feed products must be EPA. EDF, and industry representatives The Court's Order requires EPA to inspected for leaks once every week. developed a plan which was submitted to the Court in another Joint Motion on February 20,1681. The Court has not yet acted on the February 20,1981 Joint Motion. If the Court grants the February 20,1981 Joint Motion. EPA will publish further notices in the Federal Register discussing the BO ppm problem. As of the present time, the stay with-respect la the 80 ppm cutoff is still in effect XL The Court's February 12,1981 Order The text of the Court's Order of February 12.1981 is set forth at the end of this Notice. The Order has a number of requirements as follows; A. Stay ofthe Mandatej Hie Court's Order stays the mandate of the Court insofar as it set aside the publish an ANPR relating to the use of PCBs in electrical equipment The ANPR appears in today's Federal Register following this Notice. The Order also requires EPA to promulgate a final rule within six months of receipt of the EEI/ USWAG study. This rulemaking activity is discussed more fully in the ANPR. Each person potentially affected by the Court's decision is encouraged to read and comment upon the ANPR. , 2. All other PCB Transformers must be inspected for leaks at least once every three months. 3. Any "moderate leak" discovered by the inspection must be repaired and cleaned or the transformer replaced beginning within 2 days from the time the leak Is observed. Moderate leaks from transformers posing an exposure risk to food or feed products must be reported to EPA within 5 days from the D. Further Action by the Court date the leak is observed. The Order provides that if EEI or EPA fails to comply with the Order, any ' 4. Records must be kept of the following: " party may apply to the Court for appropriate relief, including immediate (a) The location of each transformer subject to the Program. issuance of the Court's mandate. (b) The date of each inspection and Immediate Issuance of the mandate the name of the Inspector. - would place most users of PCB- (c) All leaks observed. classification of transformers, capacitors, and electromagnets containing transformers, capacitors, and (d) A description of all servicing on electromagnets in violation of section the transformer after the date of the first containing PCBs in concentrations of 50 6(e) of TSCA. EPA does not anticipate inspection. ppm or greater as totally enclosed uses that this circumstance will occur. These requirements go into effect on of PCBs for a period of eighteen months. However, if the EEI study and the May 11,1981. This means that the first In other words, the Court does not allow request for Information in the ANPR do inspection of transformers posing an the effect of its decision to take place for not produce information sufficient to exposure risk to food or feed products eighteen months. This means that the enable EPA to pursue rulemaking for must be completed by May 18.1981, and PCB regulations promulgated on May 31, PCB-containing electrical equipment, it the firtt inspection of other transformers 1979 regarding this classification (40 is possible that EPA or another party subject to this Program must be CFR 761.30) remain in effect for the . would return to the Court seeking a completed by August 10,1981. duration of the stay. Thus, those persons change in the stay and possibly the who use such transformers, capacitors, issuance of the mandate. A. Applicability and electromagnets may continue their use during the period of the stay as long CL The Interim Measures Program V. Which transformers are subject to these requirements? The requirements of as they comply with the May 31.1979, Section 6(e)(2) of TSCA prohibits the the interim Measures Program apply to PCB regulations and with the Interim use of any PCBs unless the use has been all transformers containing PCBs in Measures Program, detailed in the authorized by EPA or determined by concentrations of 500 ppm or greater Court's Order. In addition, the use of rule to be "totally enclosed". As noted and to those transformers containing transformers, capacitors. anJ~ above, the Court set aside EPA's PCBs in concentrations of 50 ppm or ________ jtsi contaitnimngg'^CBa in determination that transformers, neater which pose an exposure risk to ^concentrations below 50i capacitors, and electromagnets are food or feed products. Anyone confinuedtiflr^lKOtly^eoause the totally enclosed. Since EPA has not complying with all applicable jtayjUcTtttAiM thft Wj'pmreg^tory authorized the use of PCBs in such units, requirements of the interim Measures cutoff forjuchuggujpment.DuflHJphe section 6(e)(2) would prohibit the use of Program may continue to use capacitors, "stayEPA wifi be considering what any transformer, capacitor, or electromagnets, and other transformers action to take with respect to all PCBs in electromagnet containing any PCBs in containing PCBs in compliance with the electrical equipment, including the absence of the Court's stay. existing PCB regulations. EPA equipment with PCBs in concentrations The Court stayed for a period of encourages owners and users of any below 50 ppm. eighteen months the effectiveness of PCB*contalning equipment to perform B. The EEI/USWAG Study that portion of its decision which set aside EPA's designation of intact, non* voluntary inspections or institute other appropriate risk reduction measures to The Court's Order directs EEL through leaking transformers, capacitors, and avoid exposure of humans or the U8WAG. to undertake a factual study of electromagnets as totally enclosed uses environment to PCBs. the usage of PCBs in equipment used by of PCBs. However, that stay was The weekly inspection requirement the electric utility industry, the granted only for those persons who . applies to any franslormers containing propensity of such equipment to leak or institute the risk reducing activities of puds in concentratTons of 56"ppm'or ` rupture, and an analysis of the the Interim Measures Program. The full feasibility of various measures to reduce text of the Interim Measures Program food MuMeuLsroduct,." Included In this or eliminate the risk of PCB appears as Appendix B to the Court's category U any transformer mad In a contamination from such equipment. Order. The major requirements of the facility manufacturing, orocaMina. The details of the study are set forth in program are as follows: packaging or Doming human load or 0543309 PCB-ARCH0747312 000000225.000003 16092 Federal Register / Vol. 40, No. 48 / Tuesday, March 10, 1981 / Rules and Regulations animal feed pr fn any frdwiiy inspected meat. pgnjjftE maducL and*gg p^dtrorBatabnimnonL Tha weekly idvpvctnm Rquirement applies to transformers in a location each that a discharge of the dielectric fluid could contaminate the food or feed products or processes. It does not apply to transformers in retail establishments such as grocery stores and restaurants. Because of the peculiar risks presented by the ingestion of PCBs. EPA Intends to interpret the phrase "posing an exposure risk to food and feed products" very broadly. Although it does not Include establishmenta such as paperboard manufacturers whose products may be old to food packagers, or facilities manufacturing, processing or storing agricultural chemicals or fertilizers, it poses an exposure risk to food and feed products, the weekly inspection and maintenance ahould be performed. 2.Who it responsible for these requirements?The owner of the PCBcontaining transformer has tha obligation to comply with the Interim Measures Program. There is one exception to this obligation. A user, who la not the owner, of a PCB Transformer or PCB-Contaminated Transformer which poses an exposure risk to food or feed products, has the obligation to comply with the Interim Measures Program until the user has informed the owner that the transformer poses an exposure risk to food or feed products. B. Effect on Existing Agency PCB Regulations The Interim Measures Program supplements, but does not replace, existing Agency regulations and policies regarding PCBs. including the marking and disposal regulations in 40 CFR Part 761. Thus, existing Agency rules and policies regarding PCBs are not changed by the Program. For example, under the regulations, transformers, capacitors, and electromagnets that are leaking or otherwise not intact are not totally enclosed and cannot lawfully be used. Compliance with the Interim Measures Program does not change this restriction. The existing regulation provides that any uncontrolled discharge of PCBs constitutes disposal. The requirement in the Interim Measures Program to begin servicing any leak within two days does not change the fact that the leak, while occurring, is an illegal disposal of PCBs. Of course, the Agency will take into account compliance with the Interim . Measures Program, including prompt servicing and reporting, when determining the appropriate Retool enforcement response. Additionally, (Connecticut. Msssachusetls, Maine, New under the existing regulations! intact, Hampshire, Rhode Island. Vennont) non-leaking transformers, capedtors, . Chief, General Enforcement Branch, and electromagnets sold for purposes other than resale before July l, 1979 can Enforcement Division. Environmental Protection Agency, John F. Kennedy be distributed in commerce under 40 Federal Building. Boston, MassachuteUs CFR 761.30. This exception will continue . " to be available for owners of equipment used pursuant to the Interim Measures Region 2 Program. (New Jersey. New York] C Enforcement EPA intends to enforce the Interim Measures Program and the PCB regulations vigorously. Compliance will be monitored by all means legally available to the Agency. This includes inspections pursuant to section 11 of TSCA. Persons who are not in strict compliance with the Interim Measures Program cannot claim the benefits of the Court's stay. The use of PCBs in transformers, capedtors, and . electromagnets by persons not complying with both the Interim Measures Program and the regulations is a violation of section 6(e) of TSCA. Thus, continued use of PCB-containing transformers, capacitors. and electromagnets in violation of either the Interim Measures Program or the regulations in 40 CFR Part 761 is a violation of section 15 of TSCA for which the Agency can seek dvil or criminal penalties under section 16 of TSCA. The Office of Enforcement is currently formulating guidelines for the assessment of dvil penalties for violations of the Interim Measures Program. D. Reporting . There la no required form for notices to the Agency required by the Interim Measures Program. The required information may be reported in letter form. Although it is not required by the Interim Measures Program, EPA requests that all notices to the EPA concerning transformer leaks contain the following information: 1. The cause of the leak and the total amount of dielectric fluid spilled. 2. The proximity of the transformer to areas where food or feed products are handled. . ' 3. A brief description of the possible pathways for dielectric fluid from the transformer to reach food or feed products. 4. The type and amount of food or feed products contaminated, if any. Chief. Toxic Substances Inspection Section, Surveillance and Analysis Division, Environmental Protection Agency, Raritan Depot, Woodbridge Avenue, Edison, New Jersey 06617. Regions (Delaware. District of Columbia, MaryUsd. Pennsylvania, Virginia, West Virginia) Chief, Environmental Emergency Branch, Surveillance and Analysis Division, Environmental Protection Agency, Curtis Building, 6th ft Walnut Streets, Philadelphia, Pennsylvania 19106 ' Region 4 (Alabama. Florida, Georgia, Kentucky. Mississippi. North Carolina, South Carolina, Tennessee} Chief, Toxic Substances Section, Ah- and Hazardous Materials Division. Environmental Protection Agency, 343 Courtland Street, N* Atlanta, Georgia 30365 Regions (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Toxic Substances Coordinator, Air and Hazardous Materials Division. Environmental Protection Agency, 230 South Dearborn Street, Chicago, Illinois 60604 Regions (Arkansas, Louisiana, New Mexloo, ' OkJtujuuui, Tuxes) Deputy Director. Surveillance and Analysis Division, Environmental Protection Agency. First International Building. 1201 Elm Street Dellas, Texas 75270 Region 7 ~ (Iowa, Kansas, Missouri. Nebraska) Chief, Toxica and Pesticides Enforcement Section, Air ft Hazardous Materials Division. Environmental Protection Agency, 324 East 11th Street Kansas City. Missouri 64106 Region (Colorado, Montana, North Dakota, South Dakota. Utah, Wyoming) 5. The steps taken to repair and clean up the leak and to assure proper disposal of all contaminated materials. Notices must be sent to the appropriate EPA Regional Office as follows: Chief, Field Operation! Section, Pesticides and Toxic Substances Branch. Air and Hazardous Materials Division, Environmental Protection Agency. 1860 Lincoln Street Denver, Colorado 80285 0543310 PCB-ARCH0747313 000000225.000004 Federal RegUter / Vol. 46, No. 43 / Tuesday. March 10. 1981 / Rules and Regulation, 16093 Refloat Further Ordered: That Respondent (Arison*. California. Hawaii. Nevada) Environmental Protection Agency Chief. Hazardous Materials Section. Enforcement Division. Environmental publish in the Federal Register within three weeks after the date of this Order, Protection Agency. 21S Fremont Street San an Advanced Notice of Proposed Francisco. California M105 Rulemaking relating to the use of PCBs Region 10 . ' (Alaska. Idaho. Oregon. Washington) Chief. Pesticides and Toxic Substances Branch, Air and Hazardous Materials Division, Environmental Protection Agency. 1200 6th Avenue, Seattle, Washington, 06101. In electrical equipment Further OrderedThat Respondent Environmental Protection Agency promulgate a final rule with respect to the use of electrical equipment containing PCBs within six months of receipt of the material set out in B. Recordkeeping Appendix A. Further Ordered- That if the Edison Thora it no specified format for < * Electric Institute or the Environmental records required by the Interim Protection Agency fails to comply with Measures Program. The information may the orders of this Court set out above, be kept in any form as long as all the any party may apply to the Court for required information is available. appropriate relief Including the IV. Text of the Court's February 12,1961 Order - -- - ' immediate issuance of the Court's mandate. . Further Ordered: That the parties Upon consideration of the |oint submit to the Court a status report on motion filed by respondent, petitioner, October 1,1981. . and certain interveners on January 21, 1981. to stay further the issuance of the mandate in this case, it is Ordered: By the Court, that the mandate of the Court it stayed for a Per Curiam For die Court: George A. Fisher, Clerk period of eighteen months insofar as the decision of the Court set aside the regulation promulgated by the Environmental Protection Agency [classifying the use of intact, non leaking, PCB-containlng transformers, Appendix A--Proposal To Supply EPA With Information for Rulemaking on Uses of PCBs by the Electric Utility Industry Intent to Provide Information capacitors, and electromagnets as uses of PCBs in a "totally enclosed manner,-') 40 CFR 781.30 (44 FR 31530,31531. 81540-01; this stay shall aoply only where those claiming the benefit of the stay comply with any applicable requirements of the Interim Measures Program attached as Appendix B to this Order. Further Ordered: That the mandate of the Court, insofar as the decision of the Court aet aside the regulation promulgated by the Environmental Protection Agency defining "PCBs" (for purposes of the statutory prohibition on further manufacture, processing, distribution in commerce, and use of PCBs) as PCBs in concentrations of 50 parts per million or greater. 40 CFR 761.2(x) (44 FR 31444), is staved for the following period*- -- . io use of PCBs in transformers, capacitors, and electromagnets, for a period of eighteen months; To assist EPA in the development of an adequate rulemaking record for the regulation of PCBs, USWAG will retain independent contractor(s), acceptable to EPA and'EDF.1 to conduct a study on current PCB usage In utility equipment* This study will address the effects of the use of PCB-containing equipment on human health and the environment It is expected that data will be supplied on: type: of electrical equipment; leakage phenomena, including the incidence and magnitude of leaks; feasibility of containment Inspection and maintenance; and feasibility of transformer and capacitor phase out Additionally, several other areas of inquiry will be included, such as the impact of a regulatory cutoff above or below 50 ppm; the health effects of PCBs; a pathway analysis for PCBs that may be released into the environment from electrical systems; nonelectrical materials potentially containing PCBs; With respect to all other manufacture, processing, distribution in commerce and use of PCBs. for a period of thirty *To insure the timely commencement of the study. EPA and EDF will promptly respond is to the acceptability of the contractor(i) proposed. days. ' " ..." Othor uses of similir equipment by other ' Further Ordered: That Intervenor Edison Electric Institute undertake the actions set out in Appendix A to this Order. Industries may vary and for this reason will not be covered. In addition, other equipment containing PCBs, such as small capacitors, that is used more ' broadly throughout the industrial commercial and residential sectors will not be included. and viable substitutes for PCBs. Finally, an overall economic analysis would be developed to reflect both costs incurred to date to comply with the TSCA-PCB regulations as well as the incremental costs of new regulatory approaches.* It is contemplated that the study will be completed within nine months and portions of it will be submitted to EPA prior to that time.4If it appears that USWAG will be unable to complete Tasks 1 through 4 below within nine months despite good faith efforts to do so. it may request of EPA and EDF an additional period of up to three months for its work. EPA and EDF will not unreasonably withhold their consent to such extension, after considering USWAG's efforts to date and the circumstances which USWAG believes necessitate the extension. Scope ofthe Information Gathering Effort The scope of information gathering will be divided into several discrete tasks, as set forth below. 1. Compilation of a complete listing of all types ofelectrical equipment that contain mineral oil or otherfluid containing PCBs. The first task will be to list and quantify such equipment, describe its use, geographical location,* and distribution of ranges of PCB concentrations. Descriptions of equipment maintenance procedures and of measures taken for worker protection also will be provided. The inventory of equipment will include: transformers, capacitors, electromagnets, electrical switches, voltage regulators, and underground cable systems as well as any other utility equipment identified as containing PCBs. A complete narrative on each category of equipment will be provided covering its function, configuration and chemical content 2. Frequency ofleaks or ruptures. For purposes of the study, "leak" will be *!a addition to tba information contained in tba atudy. USWAC reserve* the right to aubmlt to EPA such other studies. information, and data (e.g-. problem* of teating and development of tasting protocol*) a* USWAG believe* are necessary or appropriate to further rulemaking. `Since some brief period of time will be neceaeary to engage consultants and develop ampling protocol* following aoceplance of tha scope of work by the partita, tha atudy period ahouid commence no later than two months . following the issuance of a stay of mandate by tha Court It is contemplated that Task 1 would be oompleted within three months of the commencement of the study and Task Z. with respect to PCB Capacitor* and PCB Transformers, would be completed within six months of tha commencement of the study. `Geographical location shall include not only various geographical region* of the United States but also various types of terrains (eg., deserts, swamps, near or over waterways). 0543311 PCB-ARCH0747314 000000225.000001 16094 Federal Register / Vol. 46. No. 48 / Tuesday, March 10, 1981 / Rules and Regulation defined quantitatively. Leake may be described as email, aa moderate or as ruptures.* Small leaks include all Instances in which a PCB Article has any PCBs on any portion of its external surface, but no PCBs have run off the surface of the PCB Article.'Moderate leaks include Instances in which a leak results In any quantity of PCBs running off the surface of the PCB Article. Initially, ruptures will mean leaks causing immediate cessation of equipment function, although other definitions may be applied. For each type of electrical equipment, an attempt will be made to determine the frequency of leak or rupture, the volume of liquid lost, equipment type, and geographical location. These leaks may conform to a frequency distribution of magnitude according to different variables. Equipment type, geographic location, age and electrical loading (to the extent data are available) are factors to be evaluated. The relationship between equipment failure and subsequent leaking will be studied. 8. Feasibility ofa program to contain, inspect and maintain different electrical equipment items. This task will be to identify a number of inspection and maintenance programs and to provide costs estimates and technological feasibility evaluations with respect to each program. Variables to be considered may include electrical equipment type, geographical location, and potential for exposure to different concentrations and quantities of PCBs. At a minimum, the following programs shall be evaluated: (a) A program to provide complete containment of any PCBs which might leak from each category of electrical equipment Identified in Task 1. (bj A program to inspect visually, at venous orequenries ranging from weekly to annually, ell items within each category of electrical equipment for ' leakage and to correct all moderate leaks detected.' 4. Feasibility ofa phase-out program for transformers and capacitors. The approach to this effort will be similar to the feasibility of inspection, maintenance and containment as described above.' Alternative approaches will be assessed, including the following: * (a) 2,5.10 and 20-year phase outs of PCB Transformers. (b) 2,5,10 & 20-year phase outs of PCB-Contaminated Transformers. Furthsf differentiation* of leaks nay b toomary. '"PCB Art lets" U dttlnnd at 40 CFR TBt The evaluation will alw reflect the viability of subtil tuts*. (c) 2.8,10 ft 20-year phase outs of PCB anticipated, review of the ongoing study Capacitors.9 may result in the need for additional w this aspect of the study, the Information or for the refocusing of availability of replacement equipment certain portions of this study. Such and liquids will be examined, as well as revisions may result in an extension of their suitability,19 the availability of the completion date as set forth above. storage and disposal facilities, and the feasibility of reducing or eliminating Appendix B--Interim Measures Program PCB concentrations by retrofiUing.11 An This document describes the interim attempt also will be made to analyze the measures required for all owners and . afreet an Increased demand for replacement equipment may have on users of PBC Transformers and certain owners and users of PCB-Contaminated prices. 8. Literature Search. A comprehensive literature search and review of the health afreets of PCBs will be undertaken and an attempt will be made Transformers who wish to continue to use, or store for reuse, transformers containing PCBs while EPA conducts further rulemaking with respect to PCB . uses which the Agency previously had to assess the risks posed by phenomena such as small leaks and ruptures. 6. Pathway analysis. An attempt will be made to examine the environmental designated as "totally enclosed." To continue to use transformers containing PCBs during this interim period, owners and users of this equipment must escape from electrical equipment Conditions reflecting normal operation of transformers and capacitors will be evaluated, as well as those involving equipment that has exploded or . otherwise suddenly released PCB- contalning fluid into the environment For example, volatility and transport mechanisms (such as surface water comply with the requirements set forth in this document within sixty days after the publication by EPA of the Federal Register Notice announcing the Interim Measures Program or within ninety days after January 21.1981 (the date of tiling the Joint Motion for Further Stay of the Issuance-of the Mandate), whichever la later. drainage, groundwater infiltration and. L Definitions ground cover embodiment and/or release) would be considered. 7. Non-electrical system sources of PCBs. The study will also seek to determine the risks and benefits of permitting the continuation of certain non-enclosed uses of PCBs. such as burning of fuel oil . The following definitions apply to this document The definitions which are part of EPA's PCB Ban Rule, 40 CFR Part 761, also apply to this document unless they are inconsistent with tha definitions aet forth below. A. "leak" means any instance in which a PCB Unit has any PCBa on any Sampling Procedures portion of its external surface. The study must reflect a statistical approach that assures a high degree of confidence in the validity of the results. BPA and EDFReview B. "moderate leak" means any leak which results in any quantity of PCBs running off or about to run off the external surface of the PCB Unit C. "PCB Unit" means any PCB It Is contemplated that EPA, EDF, Transformer or PCB-Contaminated USWAG and the contractor performing Transformer in use or stored for reuse. the study will meet for progress reports D. "posing an exposure risk to food periodically and with sufficient and feed products" means any potential frequency io keep EPA and EDF abreast exposure of food and feed products to of the progress of the study. EPA and PCBs as defined below. PCB Units used EDF, at their own expense, will have the by federally inspected meat poultry right to review all underlying data product, and egg product generated in connection with the study, establishments, aa well as facilities ft Is understood that identification of manufacturing, processing, packaging or particular companies, facilities and holding human food or animal feed, but locations may be masked. While it is not excluding retail establishments such as grocery stores and restaurants, are * *Tbt ttnw frsmt* wiB b* msasurad from January 1962. "For txsrapk it may bt necessary to awau the toxicity and flammability ol aubaiitwta fluid*, in addition to devtlopins data on tha availability of considered to pose an exposure risk to food and feed products, unless the PCB Unit is in a location such that a discharge of the dielectric fluid cannot equipment and raw malarial*. contaminate the food and feed products "In evaluating substitute* for PGBa. including retrofUUng. the contractor performing tha atudy haO sack and consider Information from manufacturers of subUiutss and independent or processes. E. "servicing" means repairing and cleaning or replacing the PCB Unit to servicing companies. eliminate the source of the leak. 0543312 PCB-ARCH0747315 000000225.000006 Federal Roglster / Vol. 46, No, 46 / Tuesday, March 10, 1981 / Rules and Regulations 16095 Cleaning of the PCB Unit meant removing any unsolidified dielectric fluid on lit external surface. F, "visual inspection" means to investigate for any leak of dielectric fluid on or around the PCB Unit A visual inspection should not require an electrical shutdown of the PCB Unit being Inspected. The extent of the visual inspection will depend on the physical constraints of each PCB Unit installation. IL The Following Procedures Must Be Followed With Respect to All PCB Units Posing an Exposure Risk to Food and Feed Products A user of a PCB Unit posing an exposure risk to fqod and feed products shall notify the owner of the PCB Unit that the Unit poses an exposure risk to food and feed products, if the user fails to notify the owner, the userIs responsible for the inspection, recordkeeping, reporting and servicing of the PCB Unit as set forth below. . The Owner of a PCB unit posing an exposure risk to food and feed products shall perform the following activities: " A. A visual inspection of each PCB Unit posing an exposure risk to food and feed products shall be performed at least once every week. E All leaks snail be recorded. All moderate leaks shall be reported to the appropriate EPA regional office within five business days from the date the tttf tbt owntTof tbt PCB Unit it not (bt owner of tbs food and food ooubllihment tho ownor of tbo KB Unit ohotl hovo ao obll*otion to porfona tbo inapaettofu raoutrod In thl taction, until tbo ownor Is aotiflod by tho aotobliohmont that tho otabliohmoat lo a food and food facility or until tbo ownor of tho PCB Unit hao othor knowledge that tht Mtabllohmont U a food and food facility. To Inform food and food titabliihmenu of tho necoooity of noUfytna owner* of PCB Unit* used at their establishments, utilities undertake to mall to their commercial and industrial customers an announcement requesting food and food eotibllflhments lo contact tho utility or othor ownor' of tho PCB Unit leak is observed. If a PCB Unit is found to have a moderate leak, servicing is required and muat commence within two business days from the date the leak is observed. C. Records, containing inspection/ servicing history, with respect to all PCB Units posing an exposure risk to food and feed products shall be maintained for a period of three years and shall be made available for inspection, upon request, by EPA. Such records shall contain the following information for each PCB Unit: (1) Its location. (2) The date of each visual inspection made of the Unit together with an identification of the person performing the inspection. (3) All leaks observed in the Unit together with the date observed, and whether the leak was a moderate leak. (4) A description of ail servicing performed on the Unit commencing as of the date the Unit is first inspected . pursuant to these Interim Measures, together with the date of such servicing. ' D. Reports to EPA regional offices shall be in writing andshall contain the location of the PCB Unit involved, the date the moderate leak was observed, an estimata of the extent of the leak and a description of the servicing performed, including the date(s) of the servicing performed. HL The Following Procedures Must Be Followed With Respect to All PCB Transformers in Use or Stored for Reuse Posing No Exposure Risk to Food and Feed Products (AllPCB Transformers Not Covered in Section U) Owners of PCB Transformers in use or stored for reuse posing no exposure risk to food and feed facilities shall perform the fclicv/ing activities: A. A visual inspection of each PCB Transfoipier posing no exposure risk to food and feed products shall be performed at least once every three months. E All leaks shall be recorded. If a PCB Transformer is found to have a moderate leak, servicing is required and must commence within two business days from the date the leak is observed. C. Records, containing inspection/ servicing history, with respect to all PCB Transformers in use or stored for reuse shall be maintained for a period of three years and shall be made available for inspection, upon request, by EPA. Such records shall contain the following information for each PCB Transformer (1) Its location. (2) The date of each visual inspection made of the PCB Transformer, together with an identification of the person performing the Inspection. (3) All leaks observed in the PCB Transformer, together with the date observed, and whether the leak is a moderate leak. (4) A description of all servicing performed on the PCB Transformer commencing as of the date the PCB Transformer is first inspected pursuant to these Interim Measures, together with the date of such servicing. IV. Related Rulemaking Appearing immediately after this Notice is the Advance Notice of Proposed Rulemaking required by the Court's February 12.1981 Order. Persons reading this Notice are encouraged to read the Advance Notice of Proposed Rulemaking which discusses EPA's future rulemaking regarding the use of PCBs In electrical equipment Dated March 5,198L Edwin H. Clark E ActingAssistant AdministratorforPesticides and To*in ftnhstonces. [FH Dot tl-nio FllwJ Ml m| MLUNQ OOOC SMO-41-M 0543313 PCB-ARCH0747316 000000225.000007 ' * i * 16098__________ Federal Register / Vol. 46, No. 48 f Tuesday. March 10.1981 / Proposed Rules ENVIRONMENTAL PROTECTION AQENCY 40 CFR Part 761 ITS FRL1771-2; OPTS-420151 Polychlorinated Biphenyls (PCBs); Use In Electrical Equipment AOBNCn Environmental Proteclion Agency (EPA). action: Advance Notice of Proposed Rulemaking. summary: On October 30.1060, the U.S. Court of Appeals for the District of Columbia Circuit ruled, in relevant part, that regulations Issued by EPA which characterized intact, non-leaking transformers, capacitors, and electromagnets containing polychlorinated biphenyls (PCBs) as "totally enclosed" for purposes of section 6(e) of the Toxic Substances Control Act were unsupported by the . rulemaking record and remanded the regulations to EPA for further consideration. In response to a motion by EPA and certain other parties to the case, the Court issued an Order on February 12,1981 requiring EPA to undertake rulemaking concerning the use of PCBs in electrical equipment, beginning with this Advance Notice of Proposed Rulemaking, and staying issuance of the Court's mandate for a period of eighteen months during which time EPA will implement rulemaking activities. DAT**: Comments upon the issues raised in this Notice must be submitted , by December 7,1981. . ADDRESSES; All comments should be , sent to: Document Control Officer (TS- 793), Office of Pesticides and Toxic Substances, Environmental Protection Agency, Rm. -401.401 M St, SW., Washington, D.C 20460. Comments. . preferably in triplicate, should include the docket number OPTS-62015. Comments received on this Notice will be available for reviewing and copying from 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays, in Room 107 East Tower, EPA Headquarters. 401 Mt. SW,, Washington. D.C. FOR FURTHER INFORMATION CONTACT: John B. Ritch. Jr., Industry Assistance , Office (TS-799), Office of Pesticides and ` . Toxic Substances, Environmental Protection Agency, 401M St. SWM Washington. D.C. 20400. Toll free: (800 424-9065). In Washington, D.C. (554 1404). SUPPLEMENTARY INFORMATION: Appearing in today's Federal Register, tmmediately preceding this document is a Notice entitled "Polychlorinated Biphenyls: Use in Electrical Equipment: Court Order on Inspection and Maintenance" which discusses the impact of an Order Issued by the U.S. Court of Appeals for the District of Columbia Circuit in the case Environmental Defense Fund, Inc. v. ' Environmental Protection Agency. No. 79-1580. That Notice should be read before reading this Advance Notice of Proposed Rulemaking (ANPR) in order to better understand the issues discussed in this ANPR as well as the interim requirements placed upon persons who own or use PCB-containing transformers, capacitors, end electromagnets. L Background As discussed in the "Court Order On Inspection and Maintenance." section 6(e) of TSCA prohibits all manufacture, processing, distribution in commerce, and use of PCBs after July 1,1979. This statute sets forth only limited exceptions to this broad prohibition. Section 6(e)(2) provides that EPA may allow the continued use of PCBs in a "totally enclosed manner". A "totally enclosed manner" is defined to be "any manner which will ensure that any exposure of human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule." Section 6(e)(2) also allows EPA to authorize by role the continued use of PCBs in a manner other than in a "totally enclosed manner" if EPA finds such use "will not present an unreasonable risk of injury to health or the environment" EPA promulgated regulations under 40 CFR Part 761, published in the Federal Register of May 31,1979 (44 FR 31514). to implement section 6(e) of TSCA. The regulations designated all intact non-leaking electrical capacitors, electromagnets, and transformers as "totally enclosed", thus permitting their continued use without regulation. The regulations aiso defined "PCB" for purposes of section 6(e) as PCBs in concentrations of 50 parts per million (ppm) or greater, thus excluding manufacturing, processing, distribution in commerce, and use of PCBs in concentrations below 50 ppm from regulation. The Environmental Defense Fund (EDF) petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review three aspects of the PCB regulations, including the determination that intact, non-leaking transformers, capacitors, and electromagnets are "totally enclosed" and the 50 ppm cutoff for applicability of the regulations [EnvironmentalDefense Fund, Inc, v. Environmental Protection Agency, No, 79-1580). In an October 30, 1980 decision in the case the Court . found that there was Mno substantial evidence in the record to support" the Agency's classification of transformers, capacitors, and electromagnets as totally enclosed or the Agency's decision "to establish a regulatory cutoff at fifty ppm." The Court remanded these portions of the regulations to EPA for further action. The effect of the Court'* decision would be to make the continued use of PCB-containing transformers, capacitors, and electromagnets and the continued manufacture, processing, distribution in commerce, and use of PCBs below SO ppm a violation of section 8(a) of TSCA subjecting the persons involved in these activities to possible EPA enforcement actions or citizen suits under section 20 of TSCA. On January 21,1981, EPA. EDF. and certain Industry lntervenors in EDF v. EPA filed a Joint Motion with the Court asking for an eighteen-month stay of the Court's mandate with respect to the part of the decision which set aside the ' classification of transformers, capacitors, and electromagnets as totally enclosed. During the period of the stay, EPA would undertake a rulemaking relating to the use of PCBs in electrical equipment beginning with an ANPR. In addition, the Edison Electric Institute (EEI) through the Utility Solid Waste Activities Group (USWAG) would undertake the development of some of the factual material necessary for further rulemaking. In addition, the movants agreed on certain interim, riskreduction measures that could be taken with respect to transformers containing PCBs at 50 ppm or greater and suggested that the Court make these measures a condition of the eighteen-month stay. The movants indicated to the Court that the stay would be necessary in order to avoid die adverse impacts of the decision. If the mandate issued, persons who had been adhering to the PCB regulations would have found themselves in violation of section 6(e) of TSCA. Transformers and capacitors are widely used by electric utilities and industry for efficient energy transmission. Sudden cessation of their use would cause substantial dislocation. On February 12,1981, the Court granted the requests of the Joint Motion and entered an Order. The January 21,*1981 Joint Motion also requested a stay of that portion of the decision which set aside the 50 ppm regulatory cutoff. For the use of transformers, capacitors, end electromagnets with PCBs below 50 ppm, the stay would be eighteen months. For all other manufacturing, processing, distribution in commerce, and use of 0543314 PCB-ARCH0747317 000000225.000008 Fodcral Register / Vol. 8, No. 46 / Tuesday, March 10. 19B1 / Propoed Rules 16097 PCBs below 50 ppm the January 21,1981 Joint Motion requested a stay of only thirty days. This was because, as of the time of the Joint Motion, a program for further action by EPA in response to the 50 ppm issue had not been developed. The Court granted this 30-day stay in its February 12,1981 Order, and during the period of the stay, EPA. EDF, and industry representatives developed a Clan which was submitted to the Court i anotherjoint Motion on February 20, 1981. The Court has not yet acted on the February 20,1981 Joint Motion. If the Court grants the February 20,1981 Joint Motion, EPA will publish further notices in the Federal Register discussing the 50 ppm issue. As of the present time, the stay with respect to the 60 ppm cutoff is still in effect 1L lbs Court's February 12,1981, Order The text of the Court's Order of February 12,1981 is set forth at the and of the "Court Order on Inspection and Maintenance" appearing in today's Federal Register. The Order has a number of requirements as follows: A. Stay ofthe Mandate The Court Order stays the mandate of the Court insofar as it set aside the classification of transformers, capacitors, and electromagnets containing PCBs in concentrations of 50 ppm or greater as totally enclosed uses of PCBs. This means that the PCB regulations promulgated on May 31,1979 regarding this classification (40 CFR 781.30) remain in effect for the duration of tha stay. The terms of the stay and the Interim Measures Program are set forth In the "Court Order on Inspection and Maintenance", interested persons should read that document for a oomplete discussion. B, The EE//USWAG Study The Court's Order directs EEL through U8WAG, to undertake a factual study of (he usage of PCBs in equipment used by the electric utility Industry, the propensity of such equipment to leak or rupture, and an analysis of the feasibility of various measures to reduce or eliminate the risk of PCB contamination from such equipment The details of the study are set forth in Appendix A to the Court's Order appearing at the end of the "Court Order on Inspection and Maintenance" Notice. The study will begin within two months after February 12,1981, the date' of the Order. The study will be oompieted within nine months after it oommences. However, EPA and EDF can agree to an extension of up to three months if necessary for completion of (he work. Certain portions of the study will be delivered before the end of the nine months as set forth in Appendix a to the Court's Order. C. EPA Rulemaking for PCBs in Electrical Equipment The Court's Order requires EPA to publish an ANPR relating to the use of PCBs in electrical equipment This publication meets that requirement The Order also requires EPA to promulgate a final rule within six months of receipt of the EE1/USWAG study. The schedule for further rulemaking, includes publication of a proposed rule within sixty days after receipt of the EEI/ USWAG study. The proposal will have a sixty-day comment period. At or near the end of the comment period a public hearing would be held, if necessary. The final rule would be promulgated within sixty days after the end of the comment period. The Order does not require EPA to await completion of the EEI/USWAG study in order to proceed with rulemaking. If EPA believes circumstances warrant it can proceed with rulemaking as to some or all of the matter relating to PCBs in electrical equipment at any time. D. Further Action by the Court The Order provides that if EEI or EPA fails to comply with the Order, any party may apply to the Court for appropriate relief, including immediate issuance of the court's mandate. Immediate issuance of the mandate would place most owners and users of PCB-containing transformers, capacitors and electromagnets in violation of section 6(e) of TSCA. EPA does not anticipate that this circumstance will occur. However, if the EEI study and the request for information in this ANPR do not produce information sufficient to enable EPA to pursue rulemaking for FCB-cuuluiuing electrical equipment, it Is possible that EPA or another party would return to the Court seeking a change in the stay and possibly the issuance of the mandate. Accordingly, It is important that persons having an interest in the outcome of this rulemaking provide their comments and the requested technical information in order to support further rulemaking, m. Further Rulemaking by EPA A. Effects of the Court'e Decision In light of the Court's decision in EDF v. EPA EPA will be compiling a factual record to support further rulemaking with respect to transformers, capacitors, electromagnets and other electrical equipment containing PCBs. Information gathered during the rulemaking could lead EPA to conclude that some or ail of these uses of PCBs are "totally enclosed". This information could also lead EPA to conclude that these PCB uses are non-totally enclosed uses which EPA should authorize pursuant to section 6(e)(2)(B) of TSCA. Detailed factual information will be necessary to support EPA decisions to make exceptions to section 6(e)'s prohibition with respect to the continued use of PCBs, whether the exceptions are based on a conclusion that certain uses are "totally enclosed" or on a conclusion that they should be authorized. Without a convincing factual record to support one of these exceptions. EPA would implement the statutory ban of section 6{e) of TSCA. Use authorizations for electrical equipment determined not to be "totally enclosed" can be implemented by promulgating rules under section 6(e)(2)(B) of TSCA. To promulgate such rules, EPA would have to determine that the use of PCBs in such equipment "will not present an unreasonable risk of injury to health or the environment" To make this determination, EPA would need to balance the risks against the benefits presented by these uses of PCBs. Thus, EPA Is seeking to develop factual information on the use of such electrical equipment the propensity of tha equipment to rupture or leak, tha nature of human or environmental exposure that might result from such leaks or rupture, and the costs of measures to reduce exposure or eliminate the use of PCBs in such equipment Some necessary Information will result from the EEI/USWAG study. However, a great deal more will be necessary, especially in those areas where the EEI/USWAG study will not be producing any information, such as non-utility use of electrical equipment containing PCBs. B. Information Development As set forth in Appendix A to the Order, EEI/USWAG is conducting a study to provide information on the use and other characteristics of PCBcontaining electrical equipment in the utility industry. EPA hopes that this will provide a broad, useful data base. The EEI/USWAG study is required to supply data on the: 1. Types of utility electrical equipment which contain PCBs. Z Frequency and magnitude of equipment leaks and ruptures. 3. Feasibility of various programs of containment inspection, and maintenance of utility electrical equipment which contain PCBs. 4. Feasibility of phase out for electric utility transformers and capacitors. 0543315 PCB-ARCH0747318 000000225.000009 16098 Fedora! Register / Vol. 46, No. 46 / Tuesday. March 10, 1981 / Proposed Rules The study win also provide information on: 1. The impact of compliance with current PCB regulations. Z. The impact of compliance with new regulatory approaches. 3. The health effects of PCBs. 4. The environmental pathways for PCBs released from utility electrical equipment 5. Viable substitute dielectric fluids for PCBs. 6. Non-electrical systems which contain PCBs. A more detailed outline of this proposed study appears as Appendix A to the Court's Order in the "Court Order on Inspection and Maintenance" Notice. C. Request for Comments and Further Information to Support Rulemaking Before developing new regulation! which might permit the continued use of PCBs in electrical equipment EPA must build a substantial factual rulemaking record. This record must document the facts concerning PCB use In electrical equipment including transformers, capacitors, and electromagnets. Development of a rulemaking record will begin with pertinent material contained in the records of previous PCB rulemakings. Additional information for the rulemaking record must come from public comments regarding transformers, capacitors, electromagnets, and other electrical equipment containing PCBs, as well as from the EE1/USWAG study regarding electric utility equipment which contain PCBs. Without such information the Agency cannot sustain granting exceptions to the prohibitions of section 6(e) ofTSCA. EPA invites public comments and data relevant to determinations as to whether or not transformers, capacitors, and electromagnets are "totally enclosed" uses of PCBs. EPA also requests comments relevant to ' determinations as to whether or not these uses of PCBs present an unreasonable risk of injury to health or the environment Comments should include a discussion of the risks from using such equipment and possible means of limiting those risks. The information obtained from the EEI/USWAG study of electric utility equipment will not represent alt uses of PCBs in electrical equipment The study is not expected to contain information regarding non-utility industry applications of transformers and capacitors. The industry study will not specifically address uses of electromagnets and small capacitors (those containing less than 1.36 kg (3 lbs) of dielectric fluid), which are normally found In electronic circuitry, fluorescent tight ballasts, high intensity discharge lighting fixtures, and motor control circuitry throughout industrial commercial and residential sectors. Therefore, persons who believe the EEI/USWAG study of utility electrical equipment will not reflect their specific uses of PCBs in electrical equipment should submit information relating to the risks and benefits of the use of PCBs in applications not covered by the EE1/ USWAG study. If possible, these comments should supply information similar to the data outlined for the EEI/ USWAG study. Information about types of electrical equipment which contain PSCs; leakage rates and magnitudes; containment inspection, and maintenance alternatives; and phase out feasibilities are especially important including recommendations or suggestions for regulating PCBs in various equipment and applications. D. Comment Periodand Further Rulemaking The comment period for this ANPR la 270 days. This comment period doses shortly before the completion of the EEI/ USWAG study. EPA has chosen this time period in order to receive and analyze the information concerning use of PCBs In electrical equipment in an orderly manner. The EEI/USWAG study is scheduled to deliver portions of the study during the comment period. EPA hopes that public comments will be received throughout the comment period so that, if those comments contain matters that EPA feels would be of interest to other submitters of comment EPA would have time to inform comment submitters of those developments. In addition, timely submission of the comments will facilitate EPA meeting the CourtOrdered. eighteen-month deadline for final rules. EPA will consider the need for public meetings during the rulemaking process and will entertain requests for such meetings from interested persons. E. Importance of Participation in This Rulemaking If EPA does not develop a factual record which indicates convincingly that the use of PCB-containing electrical equipment should be permitted. EPA will permit the Court's stay of mandate to expire without issuing new rules. Consequently, the prohibitions of section 6(e) of TSCA would be in effect and the uses of PCBs that are now permitted under the eighteen-month stay would become unlawful Dated: March B, 1061. Edwin H. dark, 0. Acting Assistant AdministratorforPesticides and Toxic Substances. jra Dnn- tJW# KM t-t-tb %M uml 0543316 PCB-ARCH0747319 000000225.000010