[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2164-2165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-850]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-211044; FRL-6487-7]


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 five 
organizations under section 21 of the Toxic Substances Control Act 
(TSCA), and requests comments on the petition. The organizations have 
petitioned EPA to initiate rulemaking proceedings with respect to all 
chemicals included on the HPV (high production volume chemical) 
Challenge Program list as updated through the date of initiation of the 
requested proceedings for: The issuance of a TSCA section 8(a) 
Preliminary Assessment Information Reporting (PAIR) rule and issuance 
of a Health and Safety Data Reporting rule under TSCA section 8(d). The 
petitioners further petition that ``[s]uch rule should neither be 
limited to participants in the Challenge Program nor exclude substances 
or mixtures as to which a participant has enrolled in the Program.'' 
Under TSCA section 21, the Agency must respond to the petition by March 
28, 2000.

DATES: Comments should be received on or before February 3, 2000. The 
Agency will accept comments received after that date, but cannot 
guarantee that they will be considered prior to preparing its response 
to the petition.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of ``SUPPLEMENTARY INFORMATION.'' To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPPTS-211044 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Joseph S. Carra, Deputy Director, Office of Pollution Prevention and 
Toxics (7401), Environmental Protection Agency, Ariel Rios Bldg., 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone numbers: (202) 
554-1404 and TDD: (202) 554-0551; e-mail address: TSCA-H[email protected].
    For technical information contact: Frank Kover, Chemical Control 
Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 260-3946; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to chemical manufacturers (including 
importers). Since other entities may also be interested, the Agency has 
not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under ``FOR FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/. In 
addition, the petition may also be accessed on EPA's homepage at http:/
/www.epa.gov/chemrtk/sc21main.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-211044. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during

[[Page 2165]]

an applicable comment period, is available for inspection in the TSCA 
Nonconfidential Information Center, North East Mall Rm. B-607, 
Waterside Mall, 401 M St., SW., Washington, DC. The Center is open from 
noon to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Center is (202) 260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-211044 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, Attention: Docket Number OPPTS-211044.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or mail your computer disk to the 
address identified above. Do not submit any information electronically 
that you consider to be CBI. 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 standard disks 
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPPTS-211044. 
Electronic comments may also be filed online at many Federal Depository 
Libraries.

 D. How Should I Handle CBI Information That I Want To Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person identified under ``FOR FURTHER 
INFORMATION CONTACT.''

E. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the relief sought by the 
petitioners, and any data or information that you would like the Agency 
to consider in developing its response to the petition. You may find 
the following suggestions helpful for preparing your comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What is a TSCA section 21 petition?

    Section 21 of TSCA allows citizens to petition EPA to initiate a 
proceeding for the issuance, amendment, or repeal of a rule under TSCA 
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A TSCA 
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 of its receipt. 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 or no action, 
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.

B. What action is requested under this TSCA section 21 petition?

    On December 27, 1999, EPA received a TSCA section 21 petition from 
five organizations. The organizations have petitioned EPA to initiate 
rulemaking proceedings with respect to all chemicals included on the 
HPV Challenge Program list as updated through the date of initiation of 
the requested proceedings for: The issuance of a TSCA section 8(a) PAIR 
rule and issuance of a Health and Safety Data Reporting rule under TSCA 
section 8(d). The petitioners further petition that ``[s]uch rule 
should neither be limited to participants in the Challenge Program nor 
exclude substances or mixtures as to which a participant has enrolled 
in the Program.'' Under TSCA section 21, the Agency must respond to the 
petition by March 28, 2000.
    Petitioners' request for rules under TSCA sections 8(a) and 8(d) is 
based in part upon assertions that rules requiring the submission of 
existing data provide a better implementation approach for the HPV 
Challenge Program and TSCA section 4 HPV test rule(s) than the approach 
currently utilized, namely, voluntary submission of existing data in 
connection with the HPV Challenge or as comments to the proposed HPV 
rule(s) under TSCA section 4. EPA has commenced a review of this 
petition. Comments on the petition may be submitted by any of the 
methods identified in Unit I.

List of Subjects

    Environmental protection.

    Dated: January 7, 2000.

Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

[FR Doc. 00-850 Filed 1-12-00; 8:45 am]
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