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Lynn L. Bergeson is managing director of Bergeson & Campbell, P.C., a Washington, D.C., law firm focusing on conventional and engineered nanoscale chemical, pesticide, and other specialty chemical product approval and regulation, environmental health and safety law, chemical product litigation, and associated business issues, and President of The Acta Group L.L.C. and The Acta Group EU Ltd. with offices in Washington, D.C., and Manchester, U.K.

EPA Issues Direct Final Rule Revisions on PCBs Manifesting Regulations

September 14, 2012
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New manifesting regulations for PCBs are issued under the alphabet soup of EPA acts.

On Sept. 6, 2012, the EPA issued a direct final rule to update and clarify several sections of the Polychlorinated Biphenyl (PCB) regulations associated with the manifesting requirements, which uses the Resource Conservation and Recovery Act (RCRA) Uniform Hazardous Waste Manifest, under the Toxic Substances Control Act (TSCA). The changes are intended to match, as much as possible, the manifesting requirements for PCBs under TSCA to the manifesting requirements for hazardous waste under RCRA, of which the regulatory changes to implement the Uniform Hazardous Waste Manifest form were promulgated on March 4, 2005. This direct final rule will be effective Dec. 5, 2012. If adverse comments are received, the EPA will publish a timely withdrawal in the Federal Register informing the public that the amendment in this direct final rule will not take effect. The agency also issued a proposed rule on Sept. 6, 2012, intended to achieve the same revisions. Comments are due by Nov. 5, 2012.
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