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ARTICLE · 03 JUNE 2010

EPA Reviewing PCB Rules and MARAD Foreign Transfer Approvals

On April 7, 2010, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (ANPRM), 75 Fed. Reg. 17,645, announcing its intent to reassess its regulations governing the existing use of polychlorinated biphenyls (PCBs) under the Toxic Substances Control Act (TSCA).

United StatesTransport

New Developments

On April 7, 2010, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (ANPRM), 75 Fed. Reg. 17,645, announcing its intent to reassess its regulations governing the existing use of polychlorinated biphenyls (PCBs) under the Toxic Substances Control Act (TSCA). The rulemaking will affect all industries that continue to use enclosed PCBs in some form, including the rail, waste management, and shipping industries. The public comment period closes on July 6, 2010. In the meantime, the Maritime Administration (MARAD) has informally advised that it and EPA are negotiating a Memorandum of Understanding (MOU) governing EPA's review of proposed transfers of ownership and/or flag of U.S.-flag vessels, including vessels that are being sold for scrap and vessels being simply sold to foreign buyers for continuing commerce, for which MARAD's approval is required. Details of the MOU are not yet available. MARAD intends to

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