[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6554]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-211036; FRL-4767-4]

 

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 Environmental Health Coalition (EHC), the Comite Ciudadano Pro 
Restauracion del Canon del Padro (Comite Ciudadano), and the Southwest 
Network for Environmental and Economic Justice (SNEEJ), under section 
21 of the Toxic Substances Control Act (TSCA) and requests comments on 
the petition. The petitioners request relief under sections 4, 6, 7, 
11, 16, 17, 20, 21, and 26 of TSCA, under the environmental remediation 
provisions of the North American Free Trade Agreement (NAFTA), pursuant 
to the Executive Order of February 11, 1994 on Environmental Justice 
(Executive Order 12898), and such other relief as justice may require. 
This petition was submitted ``in response'' to EPA's Federal Register 
notice of January 26, 1994 requesting comments on the TSCA section 21 
petition submitted by the Board of Supervisors of Imperial County, 
California. Under section 21, EPA must respond to the new petition by 
May 24, 1994.

DATES: To be of greatest use to EPA in responding to the petition, 
comments should be received on or before April 25, 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), Docket Number 
211036, Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, Rm. E-G102, 401 M St., SW., Washington, DC 20460.

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 February 23, 1994, EPA received a 
petition under section 21 of TSCA from the EHC, Comite Ciudadano, and 
the SNEEJ. Section 21 of TSCA allows citizens to petition EPA to 
initiate a proceeding for the issuance, amendment, or repeal of a rule 
under section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). EPA 
must respond to a 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.
    Section 20 of TSCA permits any person to sue in district court to 
restrain a violation of any section of TSCA, any rule promulgated under 
sections 4, 5, 6, or any order issued under section 5. Any such suit 
may be brought against the government entity or the private party 
alleged to be in violation. In addition, section 20 allows citizens to 
bring suit against EPA to compel the Agency to perform any mandatory 
(non-discretionary) act or duty. To initiate a suit, citizens must 
provide both EPA and the person alleged to have committed the 
violation, with notice of their intent to bring suit 60 days before 
information, rulemaking and enforcement under TSCA affecting the 
exposure of the people of color of Baja California, whose interests in 
the relief under this action are inseparable from the interests of the 
people of color of Imperial County.'' The petition states that ``any 
EPA action to remediate the hazardous chemical pollution of the New 
River must necessarily include action for relief to help people of 
color on both sides of the border, not just the people of Imperial 
County.'' The petitioners also state that they, in effect, represent 
``a single Latino population undivided by artificial borders, but 
sharing the disproportionate burden of environmental racism.''
    The petition raises a number of issues for EPA including factual, 
legal, policy, enforcement, and environmental justice issues. For 
example, the petitioners allege that ``many companies are importing, 
exporting, and releasing toxic chemicals illegally in communities of 
color in both Southern California and Baja California by means other 
than dumping in the New River.'' They also state that ``for years, 
hazardous chemicals have been released illegally as a direct result of 
manufacturing and processing facilities, in and near residential 
communities along the New River.'' The petitioners have requested that 
EPA initiate rulemaking action under TSCA sections 4 and 6 to address 
the problems in the New River area. Pursuant to sections 4, 20, and 21 
of TSCA, the petitioners have also requested immediate compliance and 
enforcement action in the form of TSCA inspections and subpoenas under 
section 11 of TSCA. The petitioners state that these inspections and 
subpoenas must be directed at U.S., Mexican, and multinational chemical 
companies involved in the manufacturing, processing, importing, and 
exporting of chemicals and chemical waste affecting the New River, 
Imperial County, and Baja California. The petitioners also note that 
they intend to seek TSCA section 11 subpoenas ``under a private 
attorney general action in Federal District Court'' in the event that 
EPA fails to take adequate action.
    The petitioners also request that EPA refer this matter to the 
NAFTA Regional Advisory Commission for oversight of the remedies and 
relief. In addition, they request that EPA coordinate with other 
agencies to take action with regard to the New River pursuant to the 
Executive Order on Environmental Justice signed by President Clinton on 
February 11, 1994.
    EPA has initiated its review and evaluation process for this 
petition. EPA is evaluating the petitioners' request, and is also 
gathering and reviewing additional available materials, to determine 
what, if any, action is appropriate in response to the petition. In 
addition to either granting or denying the petition, EPA may decide to 
take additional actions under TSCA or other Federal statutes to address 
the concerns raised by the petitioners.
    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 petitioners' description of the problem, the remedies 
sought by the petitioners, and the legal arguments put forth by the 
petitioners. In addition, persons commenting are encouraged to provide 
any information they may have on the import, export, or release of 
toxic chemicals into communities in either Southern California or Baja 
California. Persons who possess information they believe could be 
useful to the Agency in responding to this petition are encouraged to 
submit the information promptly.
    EPA has established a public record for this section 21 petition 
(Docket Number 211036). This record includes a copy of the petition and 
all supplementary information submitted to the Agency by the 
petitioner. The Agency will also include in the record all comments and 
information received in response to this Notice, as well as other 
relevant material. EPA has also established an administrative record 
(Docket Number 211035 and Administrative Record Number 2194001) for the 
petition received from Imperial County. Both of these records are 
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: March 14, 1994.
Mark Greewood,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 94-6554 Filed 3-18-94; 8:45 am]
BILLING CODE 6560-50-F