[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Proposed Rules]
[Pages 22972-22974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06804]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 751

[EPA-HQ-OPPT-2024-0085; FRL-5398-05-OCSPP]
RIN 2070-AJ64


Lead Wheel Weights; Regulatory Investigation Under the Toxic 
Substances Control Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
requesting comments and information to assist in the potential 
development of regulations for the manufacture (including importing), 
processing (including recycling), and distribution in commerce of lead 
for wheel-balancing weights (``lead wheel weights'') under the Toxic 
Substances Control Act (TSCA). To inform this consideration, EPA is 
requesting comment and information from all stakeholders on the use and 
exposure to lead from the manufacture (including importing), processing 
(including recycling), distribution in commerce, use, and disposal of 
lead wheel weights, as well as information on their substitutes, to 
help determine if there is unreasonable risk to human health and the 
environment associated with this use. This action is relevant to a 
petition for a writ of mandamus filed in August 2023, by the Ecology 
Center, Center for Environmental Health, United Parents Against Lead & 
Other Environmental Hazards, and Sierra Club in the United States Court 
of Appeals for the Ninth Circuit requesting the court to direct EPA to 
conduct a rulemaking regulating lead wheel weights under TSCA.

DATES: Comments must be received on or before May 3, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2024-0085, through https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Additional instructions on commenting and visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    Technical information contact: Sofie Sonner, Existing Chemicals 
Risk Management Division (7404M), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: (202) 565-2414; email 
address: [email protected].
    General information contact: The TSCA Hotline, ABVI-Goodwill, 422 
South Clinton Ave., Rochester, NY 14620; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import), process (including recycling), distribute in 
commerce, dispose of, or use lead wheel weights, or their substitutes. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Lead Ore and Zinc Ore Mining (NAICS code 212231);
     Primary Smelting and Refining of Nonferrous Metal (except 
Copper and Aluminum) (NAICS code 331419);
     Secondary Smelting, Refining, and Alloying of Nonferrous 
Metal (except Copper and Aluminum) (NAICS code 331492);
     Lead die-castings, unfinished, manufacturing (NAICS code 
331523);
     Automobile Manufacturing (NAICS code 336111);
     Light Truck and Utility Vehicle Manufacturing (NAICS code 
336112);
     Heavy Duty Truck Manufacturing (NAICS code 336120);
     All Other Motor Vehicles Parts Manufacturing (NAICS code 
336399);
     Motorcycle, Bicycle, and Parts Manufacturing (NAICS code 
336991);
     Automobile and Other Motor Vehicle Merchant Wholesalers 
(NAICS code 423110);
     Motor Vehicle Supplies and New Parts Merchant Wholesalers 
(NAICS code 423120);
     Tire and Tube Merchant Wholesalers (NAICS code 423130);
     Motor Vehicle Parts (Used) Merchant Wholesalers (NAICS 
code 423140);
     New Car Dealers (NAICS code 441110);
     Used Car Dealers (NAICS code 441120);
     Recreational Vehicle Dealers (NAICS code 441210);
     Motorcycle, Boat, and Other Motor Vehicle Dealers (NAICS 
code 441220);
     Automotive Parts and Accessories Stores (NAICS code 
441310);
     Tire Dealers (NAICS code 441320);
     General Automotive Repair (NAICS code 811111);
     Other Automotive Mechanical and Electrical Repair and 
Maintenance (NAICS code 811118);
     Automotive Oil Change and Lubrication Shops (NAICS code 
811191); and
     All Other Automotive Repair and Maintenance (NAICS code 
811198).
    If you have any questions regarding the applicability of this 
action, please consult the technical information contact listed under 
FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    This action is being taken under the Toxic Substances Control Act, 
15 U.S.C. 2601 et seq.
    TSCA section 21 allows citizens to petition EPA to initiate a 
rulemaking proceeding for the issuance, amendment, or repeal of a rule 
under TSCA sections 4, 6, or 8 or an order under TSCA sections 4 or 
5(e) through (f). If EPA grants such a petition, the Agency must 
promptly commence an appropriate proceeding.
    Under TSCA section 6(a), if EPA determines that the manufacture, 
processing, distribution in commerce, use, or disposal of a chemical 
substance presents an unreasonable risk to human health or the 
environment, it must ``apply one or more of the [TSCA section 6(a)] 
requirements . . . to the extent necessary so that the chemical 
substance . . . no longer presents such risk,'' which may range from 
prohibiting or otherwise restricting the manufacturing, processing, or

[[Page 22973]]

distribution in commerce of the chemical substance (or a particular 
use), to commercial use requirements or disposal restrictions, to 
labeling and recordkeeping.

C. What action is the Agency taking?

    Through this ANPRM, EPA is seeking comment and information on 
specific issues regarding potential exposure to lead during 
manufacturing, processing (including recycling), distribution in 
commerce, use, or disposal of lead wheel weights, as well as 
information on substitutes for lead wheel weights. This information 
will help inform the Agency's determinations regarding potential 
unreasonable risk to human health and the environment from exposure to 
lead wheel weights. If unreasonable risk is determined, EPA will 
initiate a proposed rulemaking under TSCA section 6(a) to address the 
unreasonable risk.

D. What are the incremental costs and benefits of this action?

    This action does not impose or propose any requirements, and 
instead seeks comments and suggestions that will help the Agency 
identify whether and to what extent there is a potential need for a 
TSCA section 6 rule and/or other administrative action. If EPA decides 
to propose a rule, it will conduct the appropriate assessments of the 
costs and benefits of those changes and provide opportunities for 
public comment.

E. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through https://www.regulations.gov or email. If you wish to include CBI in your 
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
information that you claim to be CBI. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR 
parts 2 and 703.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.html.

II. Background

A. 2009 TSCA Section 21 Petition

    In May 2009, Sierra Club, Ecology Center, and several other non-
governmental organizations submitted a TSCA section 21 petition 
requesting EPA ``to establish regulations prohibiting the manufacture, 
processing, and distribution in commerce of lead wheel balancing 
weights (`wheel weights')'' (Ref. 1). Petitioners raised concerns that 
lead wheel weights result in pervasive lead exposure to children. EPA 
acknowledged receipt and requested public comment on the petition on 
July 15, 2009 (74 FR 34342 (FRL-8424-7)). EPA granted the petition on 
August 26, 2009 (Ref. 2). EPA has not issued any regulatory action 
relating to this petition since granting the petition.

B. 2023 Writ of Mandamus

    In August 2023, Ecology Center, Center for Environmental Health, 
United Parents Against Lead & Other Environmental Hazards, and Sierra 
Club sought a writ of mandamus in the United States Court of Appeals 
for the Ninth Circuit and asked the court to direct EPA to conduct a 
rulemaking regulating lead wheel weights under TSCA section 6.

C. What are lead wheel weights?

    Wheel weights are small pieces of metal or other material used to 
correct imbalances in the weight distribution of motor vehicle tires. 
Lead has historically been a primary component of many wheel weights 
because of its malleability, high density, and relatively low cost. 
These wheel weights can separate from the wheel due to failure of the 
adhesive or clip attaching them, or due to impact of the wheel with a 
pothole or road debris or during a crash, or due to other chronic and 
acute strains. Lead wheel weights that separate from vehicle wheels, or 
are not properly disposed of, may be a source of lead exposure to 
humans and the environment under various circumstances (Ref. 3), for 
example by being ground into fine particles by traffic. Additionally, 
there may be lead exposures associated with manufacturing, processing, 
distribution, recycling, or disposal of lead wheel weights.

III. Request for Comment and Information

    EPA is providing this opportunity for the public to comment on or 
provide any additional information relevant to the use of and exposure 
to lead from the manufacture (including importing), processing 
(including recycling), distribution in commerce, use, and disposal of 
lead wheel weights. In order for the Agency to consider such comments, 
EPA must receive the comments by the date indicated under DATES. In 
particular, EPA seeks information on the following:
    1. Quantitative information, data and/or case examples (e.g., 
recent scientific and technical studies, including datasets, analyses 
of environmental impacts, and statistical analyses) associated with 
lead releases to air, surface water, ground water, soil, dust, and any 
other environmental medium (particularly regarding releases within one 
mile of roadways, communities near industrial sites, and releases to 
sensitive human and ecological populations) from the manufacture, 
processing (including recycling), distribution in commerce, use, or 
disposal of lead wheel weights.
    2. Quantitative information, data and/or case examples (e.g., 
recent scientific and technical studies, including datasets, analyses 
of environmental impacts, and statistical analyses) associated with 
plastic or metal releases to air, surface water, ground water, soil, 
dust, and any other environmental medium (particularly regarding 
releases within one mile of roadways, communities near industrial 
sites, and releases to sensitive human and ecological populations) from 
the manufacture, processing (including recycling), or distribution, of 
lead wheel weight alternatives including: steel wheel weights; zinc 
alloy wheel weights; plastic metal composite wheel weights; mercury 
wheel balancing weights; and tin wheel weights.
    3. Quantitative information on the relative and absolute 
bioavailability of lead from new and/or weatherized lead wheel weights.
    4. Information on potential human and ecological exposure routes 
associated with lead releases from the manufacture (including 
importing), processing (including recycling), disposal and distribution 
in commerce of lead wheel weights, including residential exposures 
associated with take-home of lead from occupational sites by workers 
who manufacture, process, or dispose of lead wheel weights.
    5. Information on the current availability and suitability of lead-
free wheel weights as alternatives, in both original equipment and 
aftermarket settings, particularly any comparisons between lead-free 
and lead wheel weights in terms of price, ease of installation, 
durability, and other attributes of performance and suitability.
    6. Information on the comparative lead weight by product and use 
rate of lead and lead-free wheel weights, both in original equipment 
and aftermarket settings over time, and information on the comparative 
use rate of clip-on versus adhesive wheel weights.
    7. Information on the chemical composition of lead and lead-free 
wheel weights including percentages of lead

[[Page 22974]]

and other constituents by weight, such as zinc and mercury.
    8. Quantitative information and data about the volume of lead wheel 
weights imported to the United States relative to lead wheel weights 
manufactured domestically.
    9. Quantitative information and data (e.g., recent scientific and 
technical studies, including statistical analyses) on the loss or 
failure rate of lead, non-lead, clip-on, and adhesive wheel weights 
(i.e., the rate at which wheel weights fall off of vehicle wheels onto 
roadways).
    10. Quantitative information and data (e.g., recent scientific and 
technical studies, including statistical analyses) on the abrasion or 
decomposition rate of both clip-on and adhesive lead wheel weights on 
roadways, including the rate at which abraded lead dust may migrate to 
other media including road dust, soil, and air. Additionally, data on 
other mechanisms for removal of wheel weights from roadways including 
the rate of wash-out by rainfall, removal by street sweeping, ejection 
from the roadway by vehicle impact, etc.
    11. Quantitative information and data (e.g., recent scientific and 
technical studies, including statistical analyses) on the geographical 
distribution of dislodged lead wheel weights in terms of proximity to 
population centers (e.g., differences between urban and non-urban 
environments) along with information on possible ingestion of lead 
wheel weights by children living in these urban centers.
    12. Quantitative information and data (e.g., recent scientific and 
technical studies, including statistical analyses) relating to 
occupational hazards and exposure associated with the 
manufacture(including importing), processing (including recycling), and 
distribution in commerce of lead wheel weights including workplace lead 
exposure from air/inhalation, dust ingestion, dermal contact, potential 
take-home exposures and blood lead levels of workers exposed to lead 
wheel weights, such as workers at entities outlined above, as well as 
transportation construction, management, or maintenance workers (e.g., 
street cleaning, road repair, and auto repair), including those in auto 
shops that install and remove lead wheel weights.
    13. Information and data (e.g., recent scientific and technical 
studies, including statistical analyses) related to hazards and 
exposures associated with the collection of and repurposing of lead 
wheel weights by home hobbyists, including information related to 
practices for at-home melting and lead recasting activities (e.g., 
frequency, duration, quantity of lead melted and recast, temperatures 
used, sociodemographic characteristics of the subpopulations engaged in 
these practices, as well as the form in which the weights are 
repurposed), data on impacts to children's health, and associated 
contamination of air, dust, soil, and other environmental media, as 
well as contamination on surfaces (e.g., clothes and furniture).

IV. References

    The following is a list of the documents that are specifically 
referenced in this document. The docket includes these references and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the reference is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. Ecology Center. TSCA Section 21 Petition Requesting EPA to Establish 
Regulations Prohibiting the Manufacture, Processing, and Distribution 
in Commerce of Lead Wheel Balancing Weights. May 28, 2009. https://www.epa.gov/sites/default/files/2015-10/documents/petition4.pdf.
2. EPA. EPA Response to TSCA Section 21 Petition. August 26, 2009. 
https://www.epa.gov/sites/default/files/2015-10/documents/document.pdf.
3. California Environmental Protection Agency Department of Toxic 
Substances Control. Wheel Weight Alternatives Assessment. November 
2011. https://dtsc.ca.gov/wp-content/uploads/sites/31/2017/05/AAWheelWeights.pdf.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/regulations/and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to a requirement for Executive Order 12866 review.

B. Other Regulatory Assessment Requirements

    Because this action does not impose or propose any requirements, 
and instead seeks comments and suggestions for the Agency to consider 
in possibly developing a subsequent proposed rule, the various other 
review requirements in statutes and Executive Orders that apply when an 
agency imposes requirements do not apply to this ANPRM. Should EPA 
subsequently determine to pursue a rulemaking, EPA will address the 
requirements in the statutes and Executive Orders as applicable to that 
rulemaking.

List of Subjects in 40 CFR Part 751

    Environmental protection, Chemicals, Export notification, Hazardous 
substances, Import certification, Reporting and recordkeeping.

Michael S. Regan,
Administrator.
[FR Doc. 2024-06804 Filed 4-2-24; 8:45 am]
BILLING CODE P