[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1614]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211035; FRL-4756-5]

 

TSCA Section 21 Petition; Notice of Receipt

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the receipt of a petition submitted by 
the Board of Supervisors of the County of Imperial, California, under 
section 21 of the Toxic Substances Control Act (TSCA) and requests 
comments on the petition. The petition asks EPA to issue a test rule 
under section 4 of TSCA to require monitoring of the New River for 
chemical pollutants and subsequent health and environmental effects 
testing of the identified chemicals, among other requested actions. The 
New River flows north from Mexico, through Mexicali, into Imperial 
County, California. Under section 21, EPA must respond to the petition 
by March 16, 1994.

DATES: To be of greatest use to EPA in responding to the petition, 
comments should be received on or before February 14, 1994. However, 
the Agency will accept comments received after that date.

ADDRESSES: Persons wishing to provide comments to the Agency should 
submit them to: TSCA Document Receipt Office (7407), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, Rm. 
E-G99, 401 M St., SW., Washington, DC 20460. If possible, please submit 
any comments on a DOS ASCI file.

FOR FURTHER INFORMATION CONTACT: Michelle Price, Environmental 
Assistance Division (7408), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. EB-67, 401 M St., SW., Washington, 
DC 20460, (202) 260-3790.

SUPPLEMENTARY INFORMATION: On December 16, 1993, EPA received a 
petition under section 21 of TSCA from the Board of Supervisors of the 
County of Imperial, California. Section 21 of TSCA allows citizens to 
petition EPA to issue, amend, or repeal rules under section 4, 5, or 6 
of TSCA. EPA must respond to the petition within 90 days of receipt. If 
the Agency grants the petition, it must promptly commence an 
appropriate proceeding. If EPA denies the petition, it must publish in 
the Federal Register the reasons for the denial. If EPA denies, or 
fails to respond to the petition within 90 days, the petitioner may 
commence action in a United States (U.S.) district court to compel the 
Agency to initiate the rulemaking requested in the petition.
    The petition raises a number of issues for EPA including legal, 
policy, and environmental justice issues. For example, the petitioner 
asks EPA to find that discharges of a chemical into a river in a 
foreign country, where that chemical subsequently reaches the U.S. 
border, in the river constitutes import into the U.S. under TSCA. Also, 
the scope of the action requested by the petitioner involves monitoring 
a river for the presence of chemicals. Conducting a testing program 
directed toward environmental monitoring is a somewhat different role 
for the TSCA testing program, which is usually focused on health or 
environmental effects testing. A related issue is who would be required 
to conduct such testing under TSCA section 4.
    EPA has initiated its review and evaluation process for this 
petition. EPA is evaluating the petitioner's request, and is also 
gathering and reviewing additional available materials, in order to 
determine what action is appropriate in response to the petition. In 
addition to either granting or denying the petition, EPA may determine 
to take additional actions under TSCA or otherwise to address the 
concerns raised by the petitioner.
    Persons commenting are encouraged to provide EPA with information 
regarding the nature of possible contamination of the New River, 
including available monitoring data or other information which might 
assist EPA in characterizing possible pesticide or industrial chemical 
pollution. Commenters are also encouraged to provide their views 
regarding the petitioner's description of the problem, the remedies 
sought by the petitioner, and the legal arguments put forth by the 
petitioner. Persons who possess information they believe could be 
useful to the Agency in responding to this petition are encouraged to 
submit the information promptly.
    In addition to the request for action under section 21 of TSCA, the 
petitioner states that the poor and predominantly Hispanic citizens of 
Imperial County who live and work along the New River, as a matter of 
environmental equity, are entitled to the same rigorous enforcement of 
environmental laws regarding water quality as citizens in other areas 
of the United States. The petitioner also requests that EPA use the 
additional forum provided by the North American Free Trade Agreement 
(NAFTA) to separately raise the need for a solution to the New River 
with Mexican officials.
    EPA has established a public record for this section 21 petition 
(Docket Number 211035). This record includes a copy of the petition and 
all supplementary information submitted to the Agency by the 
petitioner. The Agency will include all comments and information 
received in response to this notice, as well as other relevant 
material. The record is available for inspection from 12 noon to 4 
p.m., Monday through Friday, except legal holidays, in the TSCA NCIC, 
Rm E-G102, 401 M St., SW., Washington, DC 20460.

List of Subjects

    Environmental protection.

    Dated: January 19, 1994.
Mark A. Greenwood,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 94-1614 Filed 1-25-94; 8:45 am]
BILLING CODE 6560-50-F