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Final Rule: Defense Logistics Agency PCB Import Petition

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Through the final rule, the EPA is granting a 12-month exemption to the Defense Logistics Agency (DLA), a component of the Department of Defense (DOD), to import PCBs from U.S. military installations in Japan to the United States for proper disposal.

The EPA believes allowing the import of PCB wastes from military installations in Japan would lead to their proper and safe disposal, thereby ensuring the safety of U.S. military personnel and Japanese citizens while being protective of human health and the environment.

On April 23, 2013, the EPA received a petition from the U.S. Defense Logistics Agency to import foreign-manufactured PCBs that DOD currently owns in Japan for disposal in the United States, in accordance with the Toxic Substances Control Act (TSCA). The petition specifies that up to 1,014,222 pounds of waste contaminated with PCBs, of which 94 percent has less than 50 ppm of PCBs, would be imported to the U.S. In response to that petition, on April 2, 2014, the EPA issued a direct final rule (79 FR 18471) and parallel proposed rule (79 FR 18497), to grant the request and provide a 30-day public comment period. Since the EPA received an adverse comment as well as a request for an informal hearing, the EPA withdrew the direct final rule and held a hearing. The EPA fully considered the comment received as well as the presentation made by the commenter during the hearing before moving forward to finalize the proposed rule.

Federal Register Notice (PDF) (5 pp, 236 K - September 29, 2014)

For further information, contact William Noggle at noggle.william@epa.gov.


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