[Federal Register Volume 72, Number 131 (Tuesday, July 10, 2007)]
[Notices]
[Pages 37530-37531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13336]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2007-0490; FRL-8139-7]
TSCA Section 21 Petition on Nonylphenol and Nonylphenol
Ethoxylates; Notice of Receipt
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces that EPA has received a petition under
section 21 of the Toxic Substances Control Act (TSCA) and requests
comments on issues raised by the petition. The petition was received
from the Sierra Club, the Environmental Law & Policy Center, the
Pacific Coast Federation of Fishermen's Association, the Washington
Toxics Coalition, Physicians for Social Responsibility, and UNITE HERE
on June 6, 2007. The petitioners are concerned about the risks to human
health and the environment from exposure to the chemical substances
nonylphenol (NP) and nonylphenol ethoxylates (NPE) and are petitioning
EPA to exercise its authority under TSCA section 4 to require
manufacturers and importers to conduct specific health and safety
studies, and under TSCA section 6(a) to require labeling on all
products containing NP and NPE and to limit the use of NP and NPE in
certain circumstances. EPA must either grant or deny a TSCA section 21
petition within 90 days of receipt of the petition and will, therefore,
respond to this petition by September 4, 2007.
DATES: Comments must be received on or before July 25, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-0490, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2007-0490. 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) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2007-0490. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is (202) 566-1744, and the
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Linter, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Mary Dominiak or John
Schaeffer, Chemical Control Division (7405M), Office Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8104 or (202) 564-8167; e-mail address: [email protected]
or schaeffer.john @epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture,
import, or distribute in commerce NP or NPE. Potentially affected
entities may include, but are not limited to:
Chemical manufacturers (including importers) (NAICS codes
325, 32411, e.g. chemical manufacturing and petroleum refineries) of
one or more of the subject chemicals.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of
[[Page 37531]]
this action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes 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 docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What is a TSCA Section 21 Petition?
TSCA section 21 allows citizens to petition EPA to initiate a
proceeding for the issuance, amendment, or repeal of a rule under TSCA
sections 4, 6, or 8 or of an order under TSCA sections 5(e) or 6(b)(2).
A TSCA section 21 petition must set forth facts that the petitioner
believes establish the need for the action requested. EPA is required
to grant or deny the petition within 90 days of its filing. If EPA
grants the petition, EPA must promptly commence an appropriate
proceeding. If EPA denies the petition, EPA must publish its reasons
for the denial in the Federal Register. Within 60 days of denial, or
expiration of the 90-day period if no action is taken, the petitioner
may commence a civil action in a U.S. district court to compel
initiation of the requested rulemaking proceeding.
B. What Action is Requested Under this TSCA Section 21 Petition?
On June 6, 2007, the Sierra Club, the Environmental Law & Policy
Center, the Pacific Coast Federation of Fishermen's Association, the
Washington Toxics Coalition, Physicians for Social Responsibility, and
UNITE HERE petitioned EPA to take action under TSCA sections 4 and
6(a). The petitioners requested that EPA exercise its authority under
TSCA section 4 to require manufacturers and importers to conduct
specific health and safety studies and under TSCA section 6(a) to
require labeling on all products containing NP and NPE and to limit the
use of NP and NPE in certain circumstances.
Specifically, the petition requested that EPA require testing under
TSCA section 4 for:
``filling the gaps for chronic toxicity of NPE
oligomers;''
``filling the gaps regarding the additive toxicity of NP
and NPE oligomers to [aquatic] species;''
``research on individual endocrine disruption impacts and
on the relationship between individual endocrine disruption impacts and
pollution-level impacts;''
``testing for vitellogen gene expression;''
``testing related to levels of NP and NPE in humans and
estrogenic effects in humans;''
``testing for health impacts on workers handling the
chemicals at industrial laundries;'' and
``testing for determine[ing] exposure to NPE in
residential indoor air.''
The petition also requested that EPA take action under TSCA section
6(a) to:
``require labeling on all products containing the
chemical;''
``restrict the use of the chemicals where the user cannot
verify that the chemical will receive proper treatment from an
activated sludge treatment process designed to nitrify;''
``ban the use of the chemicals in industrial and consumer
detergents;'' and
``require pollution prevention planning by facilities that
use 2000 kg or more of NP or NPEs.''
C. EPA Seeks Public Comment
Under TSCA section 21, which is applicable to requests for
rulemaking proceedings under TSCA sections 4 and 6(a), EPA must either
grant or deny a petition within 90 days. Because EPA must respond to
the requests for action under TSCA sections 4 and 6(a) by September 4,
2007, EPA will allow the public until July 25, 2007 to reply with any
additional information relevant to the issues identified in the
petition, a copy of which can be obtained from the public docket (see
ADDRESSES).
In assessing the usability of any data or information that may be
submitted, EPA plans to follow the guidelines in EPA's ``A Summary of
General Assessment Factors for Evaluating the Quality of Scientific and
Technical Information'' (EPA 100/B-03/001), referred to as the
``Assessment Factors Document.'' The ``Assessment Factors Document''
published in the Federal Register of July 1, 2003 (68 FR 39086) (FRL-
7520-2) and is available on-line at: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm. That document is also available
on-line at: http://www.epa.gov/osa/spc/assess.htm.
List of Subjects
Environmental protection, Hazardous substances.
Dated: July 2, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-13336 Filed 7-9-07; 8:45 am]
BILLING CODE 6560-50-S