[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23356]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211039; FRL-4907-1]

 

TSCA Section 21 Petition; Response to Citizens' Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Response to citizens' petition.

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SUMMARY: On April 4, 1994, Mr. Mark Truelock (Petitioner), of Del City, 
Oklahoma, sent a letter to the Administrator of EPA designated as a 
petition under section 21 of the Toxic Substances Control Act (TSCA), 
15 U.S.C. 2620. Enclosed with that letter was a copy of an earlier 
letter, dated November 26, 1993, also designated as a section 21 
Petition. The Petition describes problems Mr. Truelock has experienced 
over the years in seeking relief from periodic overflowing of raw 
sewage from a drainage ditch adjacent to his house. The problem 
described is not amenable to solution by remedies provided by section 
21 of TSCA, nor does Petitioner request such action. In December of 
1993, in response to earlier correspondence, EPA Region 6 informed 
Petitioner of actions already taken under the Clean Water Act to 
resolve the problem. Therefore, Petition is denied because no action 
authorized under TSCA section 21 has been requested. Specifically, 
Petitioner has not sought rulemaking under TSCA section 4, 6, or 8, or 
an order under TSCA section 5(e) or 6(b)(2).

FOR FURTHER INFORMATION CONTACT: Edward M. Brooks, Chemical Control 
Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. 515A, 401 M St., SW., Washington, 
DC 20460, (202) 260-3754.

SUPPLEMENTARY INFORMATION:

I. Statutory Requirements

    Section 21 of TSCA provides that any person may petition EPA to 
initiate proceedings for issuance of rules under sections 4, 6, and 8 
of TSCA. A section 21 petition must set forth facts which the 
petitioner believes establish the need for the rules requested. EPA is 
required to grant or deny the petition within 90 days. If EPA grants 
the petition, the Agency must promptly commence an appropriate 
proceeding. If EPA denies the petition, the Agency must publish its 
reasons in the Federal Register.
    Within 60 days of denial, the petitioner may commence a civil 
action in a U.S. district court to compel initiation of the requested 
rulemaking. For petition for a new rule or order, the court must 
provide opportunity for the petition to be considered de novo. After 
hearing the evidence, the court can order EPA to initiate the requested 
action.
    Relief available under section 21 is limited to initiation of a 
proceeding to issue, amend, or appeal a rule under section 4, 6, or 8, 
or an order under section 5(e) or 6(b)(2).

II. Description of Petition and Related Events

    EPA received an April 4, 1994, letter from Petitioner labeled 
``TSCA-21.'' That letter provided no details and requested no action, 
but simply asserted that EPA had failed to respond to a Petition on 
December 6, 1993. The Agency has no record of correspondence from 
Petitioner dated December 6th. The April 4 letter was accompanied by a 
second letter, dated November 26, 1993, but first received with the 
April letter that is also designated as a TSCA section 21 petition. The 
petition does not expressly request any action, but instead recounts 
Petitioner's experiences in seeking relief from a chronically 
overflowing drainage ditch that runs adjacent to his property line. The 
petition also references and notes that EPA had not responded to an 
earlier July 14, 1993 letter on the same matter Petitioner had sent to 
the EPA Region 6 Office in Dallas, Texas. The July 14 letter chronicled 
Petitioner's experiences in seeking relief from the Del City 
authorities, stated his intent to be compensated for past damages, and 
referred to three sections (308, 309, and 326) of the Clean Water Act. 
While neither the section 21 Petition nor the July 14, 1993 letter 
request any specific actions from EPA, the Agency believes it is 
reasonable to infer from both that Petitioner seeks action to prevent 
the drainage ditch from periodically overflowing into his home.
    In fact, EPA's Region 6 Office did respond to Petitioner's July 
letter on December 7, 1993. That response noted efforts made by EPA, 
the Oklahoma Department of Environmental Quality, and Del City to 
correct the collection system deficiencies; informed Petitioner that 
EPA had issued an Administrative Order in February of 1992, requiring 
the Del City Municipal Service Authority to complete construction of 
the collection system improvements by the end of 1993 (Docket No. VI-
921246); and concluded by suggesting that Petitioner inform the Del 
City Municipal Service Authority and/or EPA if sanitation sewer 
overflows occurred after that date, providing specific information on 
location(s), date/time(s), and circumstances of such events.

III. Disposition of Petition

    The petition is denied because it did not request rulemaking under 
TSCA section 4, 6, or 8, or an order under TSCA section 5(e) or 
6(b)(2).
    The problem described, moreover, is not amenable to those 
authorities. Notwithstanding denial of the petition, the Agency has 
investigated Petitioner's complaints and provided relief. The problem 
described by Petitioner is being addressed by EPA Region 6 under the 
Clean Water Act, and Petitioner has been expressly requested to bring 
any further occurrences of the problem to the attention of the Del City 
Municipal Authority and/or the EPA Regional Office. Petitioner has not 
reported on, nor is the Agency aware of, any incidents that have 
occurred after December 31, 1993.

IV. Administrative Record

    EPA has established a public record of those documents the Agency 
considered in reviewing this petition. The record consists of documents 
located in the file designated by Docket Number/Administrative Record 
Number OPPTS-211039, located at the TSCA Nonconfidential Information 
Center NCIC. This docket is available for inspection from 12 noon to 4 
p.m., Monday through Friday, except legal holidays, in the TSCA 
Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., 
Washington, DC 20460. The public record consists of all documents in 
the OPPTS file and all documents cited in the documents in that file.

List of Subjects

    Environmental protection, Citizens petition.

    Dated: September 14, 1994.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 94-23356 Filed 9-20-94; 8:45 am]
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