[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Pages 30538-30539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14204]



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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211042; FRL-4960-4]


TSCA Section 21 Petition; Notice of Receipt

AGENCY: Environmental Protection Agency (EPA).

Action: Notice.

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SUMMARY: This notice announces receipt of a petition submitted by 24 
organizations under section 21 of the Toxic Substances Control Act 
(TSCA), and requests comments on the petition. The petition asks EPA to 
issue a rule under section 6 of TSCA, requiring cement manufacturers 
who burn hazardous wastes as fuel in their kilns to label their product 
with a notice to that effect. The requested label would: (1) Note that 
the cement had been made while burning hazardous waste; (2) state that 
the product contained residuals of that waste, including increased 
amounts of toxic and carcinogenic metals; and (3) caution users to 
avoid emitting or breathing dust from the product, and to avoid direct 
contact. Under TSCA section 21, the Agency must respond by July 18, 
1995.

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, Attention: Docket Number 
OPPTS-211042. A public version of the record is available in the TSCA 
Nonconfidential Information Center (NCIC), from noon to 4 p.m., Monday 
though Friday, except legal holidays. The TSCA NCIC is located in Rm. 
NE-B607, Northeast Mall, 401 M St., SW., Washington, DC 20460.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic comments 
must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number ``OPPTS-211042.'' No Confidential Business 
Information (CBI) should be submitted through e-mail. Electronic 
comments on this notice may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found in the SUPPLEMENTARY INFORMATION unit of this document.

DATES: To be of greatest use to EPA in responding to the petition, 
comments should be received on or before June 23, 1995. However, the 
Agency will accept comments received after that date.

FOR FURTHER INFORMATION CONTACT: Edward M. Brooks, Chemical Control 
Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. E-201C, 401 M St., SW., 
Washington, DC 20460, Telephone: (202) 260-3754, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On April 19, 1995, EPA received a petition 
under section 21 of TSCA from 24 organizations located in 10 States. 
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). A section 
21 petition must set forth facts which the petitioner believes 
establish the need for the action 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 for the denial in the 
Federal Register. Within 60 days of denial, petitioners may commence a 
civil action in a U.S. district court to compel initiation of the 
requested rulemaking. When reviewing a petition for a new rule, as in 
this case, the court must provide an opportunity for de novo review of 
the petition. After hearing the evidence, the court can order EPA to 
initiate the requested action.
    Petitioners' request for a mandatory labeling rule under section 6 
of TSCA is based upon assertions that burning hazardous waste fuel in 
cement kilns concentrates toxic metals in cement and cement products to 
levels at which they pose an unreasonable risk to human health and the 
environment. EPA has commenced a review and evaluation of this 
petition. Anyone with relevant information or interest may submit 
comments on the petition or on other information in the docket. The 
Agency will be considering the following issues:
    1. Whether or not--and, if so, the extent to which burning 
hazardous waste fuel in cement kilns elevates concentrations of toxic 
metals in cement distributed in commerce.
    2. The contribution that burning hazardous waste fuel makes to 
concentrations of toxic metals in cement relative to other factors such 
as (a) concentrations in the original feedstock, (b) recycling of 
cement kiln dust (with or without using hazardous waste fuel), and (c) 
operating equipment and practices.
    3. High-end and typical concentrations of toxic metals found in 
cement produced by facilities that do and do not use hazardous waste 
fuel.
    4. The major source of variations in these concentrations from one 
facility to another.
    5. The populations at greatest risk.
    6. The adverse effects most likely to be experienced by these 
populations.
    7. The concentrations of toxic metals in cement at which those 
effects are likely to occur.
    8. Value added by the proposed label to labeling currently required 
under the Occupational Safety and Health Administration's Hazard 
Communication regulations.
    A record has been established for this section 21 petition under 
docket number ``OPPTS-211042'' (including comments and data submitted 
electronically as described below). The record includes a copy of the 
petition and 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. A public version of this record, including printed, paper 
versions of electronic comments, which does not include any information 
claimed as CBI, is available for inspection from noon to 4 p.m., Monday 
through Friday, excluding legal holidays. The public record is located 
in the TSCA NCIC, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
    Electronic comments can be sent directly to EPA at:

    [email protected]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this document, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official record is the paper record 
maintained at the address in ADDRESSES at the beginning of this 
document.

List of Subjects

    Environmental protection.

    Dated: June 2, 1995.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
[FR Doc. 95-14204 Filed 6-8-95; 8:45 am]
BILLING CODE 6560-50-F