[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25465]
[[Page Unknown]]
[Federal Register: October 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211040; FRL 4915-4]
1,2,4-Trichlorobenzene; Response to Citizens Petition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Denial of TSCA Section 21 Petition.
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SUMMARY: This notice responds to a citizen's petition submitted by
Valley Watch, Inc. under section 21 of the Toxic Substances Control Act
(TSCA) (15 U.S.C. 2620). The petitioner requested EPA to exercise
authority under TSCA section 5(e) to prohibit the manufacture,
processing, distribution in commerce, use, and disposal of 1,2,4-
trichlorobenzene (TCB) as a transformer retrofill fluid. EPA is denying
the petition because EPA does not have authority under section 5(e) of
TSCA to issue an order prohibiting the manufacture, processing,
distribution in commerce, use, or disposal of this chemical substance.
Section 5(e) applies only when EPA is reviewing a notice submitted
under section 5(a) for a new chemical substance or a significant new
use of a chemical substance. TCB is not a ``new chemical substance''
under section 3(9) of TSCA nor does its use as a transformer retrofill
fluid represent a ``significant new use under section 5(a)(2).''
In addition, if the citizen's petition had requested the Agency to
take action under section 6 of TSCA, the petition would still be denied
because there is insufficient information to make an unreasonable risk
determination under section 6.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Rm. E-543B, 401 M St., SW., Washington, DC
20460, (202) 554-1404, TDD: (202) 544-0551.
SUPPLEMENTARY INFORMATION:
I. Background
A. TSCA Section 21
Section 21 of TSCA provides that any person may petition the
Administrator of EPA to initiate a rulemaking under section 4 (rules
requiring chemical testing), section 6 (rules imposing substantive
controls on chemicals), or section 8 (information gathering rules).
Also, section 21 authorizes a petitioner to request the issuance,
amendment, or repeal of orders under section 5(e) of TSCA (orders
affecting new chemical substances or significant new uses covered under
section 5(a) notifications) or section 6(b)(2) (orders affecting
quality control procedures). Section 21(b)(3) requires that EPA grant
or deny citizen's petitions within 90 days of the filing date of the
petition (15 U.S.C. 2620(b)(3)).
If the Administrator grants a section 21 petition, the Agency must
promptly commence an appropriate proceeding. If the Administrator
denies the petition, the reasons for denial must be published in the
Federal Register.
In the case of a section 21 petition which requests an order under
section 5(e), EPA may grant the petition only if EPA determines that
the substance is subject to section 5 jurisdiction, that available
information is insufficient to evaluate the health or environmental
effects of the substance, and that either activities involving the
substance may present an unreasonable risk of injury to health or the
environment, or the substance is or will be produced in substantial
quantities and there is or may be substantial or significant human
exposure or substantial environmental release (15 U.S.C.
2604(e)(1)(A)).
B. Summary of Petition
On July 4, 1994, Valley Watch, Inc. petitioned EPA under section 21
of TSCA to issue an order under section 5(e) of TSCA to prohibit the
manufacture, processing, distribution in commerce, use, and disposal of
TCB as a retrofill transformer fluid. TCB is used as a constituent in
an interim transformer fluid mixture, called TF-1. As such, TCB resides
for a limited time in transformers. Valley Watch has based their
request on the assertion that EPA had previously determined under TSCA
section 4(a)(1)(a) that: (1) TCB may present an unreasonable risk of
cancer to humans, and (2) there is sufficient human exposure to TCB to
make the ``may present'' finding (51 FR 24660, July 8, 1986). Valley
Watch also believes that TCB presents an unreasonable risk to the
environment and humans due to its propensity to create dioxins and
furans in the event of a transformer fire. Valley Watch maintains that
exposure to TCB is increased by its use in retrofill transformers.
II. EPA's Decision
EPA denies this petition because the petitioner has not requested
relief which EPA can properly grant under TSCA section 5(e) and because
there is insufficient information to make an unreasonable risk
determination under section 6 of TSCA. EPA has jurisdiction to issue a
section 5(e) order only with respect to a chemical substance subject to
the section 5(a) notification requirements, and in this case, these
notification requirements are not applicable. Nor does the requested
relief involve issuance, amendment, or repeal of a rule under sections
4, 6, or 8 or an order under section 6(b)(2).
EPA recognized the concern regarding the potential risk of TCB at
least as early as 1986 when EPA responded to an earlier petition from
Valley Watch (51 FR 6423, February 24, 1986). As such, EPA promulgated
a TSCA section 4 test rule for oncogenicity testing for several
chlorinated benzenes, including TCB (51 FR 24660, July 8, 1986) and has
received and evaluated the data submitted in compliance with the test
rule. EPA is presently conducting a thorough assessment of these data
as well as of exposure data in order to assess potential risks
associated with exposure to TCB. At the conclusion of this process, EPA
will decide whether activities involving TCB pose an unreasonable risk
and if further regulatory action is warranted.
EPA, as was done for the nearly identical 1991 petition submission
by Valley Watch Inc., has also considered whether this petition could
be read as seeking some action by EPA, properly within the bounds of
section 21, other than issuing an order under section 5(e).
The ultimate action requested is to prohibit the manufacture,
processing, distribution in commerce, use, and disposal of TCB as a
retrofill transformer fluid. Under section 6, EPA may promulgate rules
to control such activities if the Agency finds there is a reasonable
basis to conclude that activities involving a chemical substance
present or will present an unreasonable risk of injury to health or the
environment.
EPA recognizes that there are some general concerns about risks
posed by TCB. As mentioned above, EPA is committed to evaluate any
potential hazards presented by TCB in its use as a transformer
retrofill fluid or any other use. However, at present, EPA does not
have sufficient evidence which shows that the presence of residues of
this substance from its use as a temporary retrofill fluid poses a risk
to humans who live and work near retrofilled transformers.
EPA has addressed Valley Watch's concern regarding dioxin and furan
formation during a transformer fire in its PCB Transformer Fires
regulation (40 CFR 761.30). a detailed discussion of this regulation is
contained in the Federal Register Notice entitled ``1,2,4-
trichlorobenzene; Response to Citizen's Petition'' (56 FR 15618, April
17, 1991) at page 15619.
Valley Watch provided no definitive evidence that trace amounts of
1,2,4-trichlorobenzene which might remain after retrofilling could
result in the creation of dioxin or furans in the event of a
transformer fire. Valley Watch supports its petition request with
unsupported allegations. EPA has received no evidence from the
petitioner of the likelihood of fires in retrofilled transformers.
Thus, EPA has determined that Valley Watch's assertions do not support
its request to ban the production of this substance for its use as a
retrofilling fluid.
III. Public Record
A public record has been established for its response to this
petition (OPPTS-211040). The public record contains the petition and
the basic information considered by EPA in reaching its decision on
this matter. The public record in this action is available for public
inspection in Rm. B-607 Northeast Mall at the address noted above from
12 noon to 4 p.m., Monday through Friday, except legal holidays.
IV. References
1. Section 21 petition from Valley Watch, Inc. to the EPA, July
4, 1994.
2. USEPA. Chlorinated Benzenes; Final Test Rule 51 FR 24660,
July 8, 1986.
3. Moore, Michael R., ``104-Week Dietary Carcinogenicity Study
With 1,2,4-Trichlorobenzene in Rats,'' Hazleton Washington (June 10,
1994).
4. Moore, Michael R., ``104-Week Dietary Carcinogenicity Study
With 1,2,4-Trichlorobenzene in Mice,'' Hazleton Washington (June 6,
1994)
V. Conclusion
For the above reasons, EPA is denying Valley Watch's petition filed
under section 21 of TSCA.
Authority: 15 U.S.C. 2620
Dated: October 6, 1994.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 94-25465 Filed 10-13-94; 8:45 am]
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