[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