[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32416-32421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09031]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2022-0971; FRL-10181-02-OLEM]


Response to Petition To Classify Discarded Polyvinyl Chloride as 
RCRA Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final petition response.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
responding to a rulemaking petition

[[Page 32417]]

from the Center for Biological Diversity requesting that discarded 
polyvinyl chloride be listed as a hazardous waste under the Resource 
Conservation and Recovery Act. The Agency published a tentative denial 
of the rulemaking petition on January 12, 2023. Today, after review of 
the public comments, EPA is affirming that decision. The petition is 
denied.

DATES: This final action is effective on April 26, 2024.

FOR FURTHER INFORMATION CONTACT: Daniel Lowrey, Materials Recovery and 
Waste Management Division, Office of Resource Conservation and 
Recovery, (5304T), Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; telephone number: 202-566-1015; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
information?
    C. List of Abbreviations and Acronyms
    D. What action is the EPA taking?
    E. What is the EPA's authority for taking this action?
    F. What are the incremental costs and benefits of this action?
II. Background
    A. Background on Polyvinyl Chloride
    B. How is the EPA addressing discarded polyvinyl chloride?
    C. Regulatory Background
III. Petition for Rulemaking, EPA's Tentative Denial, and Comments 
Received
    A. Summary of the Petitioner's Requested Changes and EPA's 
Tentative Denial
    B. Summary of Comments Received
IV. Reasons for EPA's Final Denial of the Petition
V. References

I. General Information

A. Does this action apply to me?

    The Agency is not proposing any regulatory changes at this time. 
Entities that may be interested in this denial of the petition include 
any facility that manufactures, uses, or generates as waste any 
materials containing polyvinyl chloride (PVC) or its components. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

B. How can I get copies of this document and other related information?

    1. Docket. EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OLEM-2022-0971. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The 
Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays). For further information on the EPA 
Docket Center services and the current status, see: https://www.epa.gov/dockets.
    2. Electronic Access. You may access this Federal Register document 
electronically from https://www.federalregister.gov/documents/current.

C. List of Abbreviations and Acronyms

CBD Center for Biological Diversity
BBP Butyl benzyl phthalate
DBP Dibutyl phthalate
DEP Diethyl phthalate
DEHP Diethylhexyl phthalate
DIDP Diisodecyl phthalate
DINP Diisononyl phthalate
DMP Dimethyl phthalate
DnOP Di-n-octyl phthalate
EPA Environmental Protection Agency
L liter
mg milligram
PVC Polyvinyl chloride
RCRA Resource Conservation and Recovery Act
TC Toxicity characteristic
TCLP Toxicity characteristic leaching procedure

D. What action is the EPA taking?

    The EPA is providing notice of and finalizing its denial of CBD's 
2014 rulemaking petition concerning the regulation of discarded 
polyvinyl chloride (PVC) and associated chemical additives under the 
Resource Conservation and Recovery Act (RCRA). With this action, the 
Agency is also publishing its response to public comments on the 
tentative denial.

E. What is the EPA's authority for taking this action?

    On July 24, 2014, the Center for Biological Diversity (CBD) 
petitioned the EPA to list discarded PVC as a hazardous waste under 
RCRA (``Petition''). The Agency is responding to this Petition for 
rulemaking pursuant to 42 U.S.C. 6903, 6921 and 6974, and EPA's 
implementing regulations at 40 CFR part 260.20, 261.3, 261.10, and 
261.11. Authority for the identification and listing of hazardous 
wastes is granted pursuant to 42 U.S.C. 6903 and 6921, and implementing 
regulations 40 CFR parts 260 and 261.

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

    As this action proposes no regulatory changes, this action will 
have neither incremental costs nor benefits.

II. Background

A. Background on Polyvinyl Chloride

    PVC is one of the most common plastics, used in a variety of 
applications--primarily in the construction industry, but also in 
packaging and consumer goods (OECD 2022). PVC is formed from the 
polymerization of vinyl chloride monomer and additives. Additives 
include stabilizers that limit degradation from sources such as oxygen, 
heat, light, and flame, and plasticizers that make the PVC more 
flexible.
    All PVC contains stabilizers. Some PVC contains stabilizers 
containing metals such as barium, cadmium, and/or lead. Other PVC 
contains stabilizers based on calcium, zinc, and/or tin (Hahladakis et 
al. 2018; European Commission 2022).
    PVC may contain plasticizers, with the concentration and identity 
of plasticizers varying widely based on the desired properties of the 
final material. Plasticizers that are phthalates include but are not 
limited to: di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), 
diethyl phthalate (DEP), dimethyl phthalate (DMP), di-n-octylphthalate 
(DnOP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP) and 
diisodecyl phthalate (DIDP) (Hahladakis et al. 2018; Czoga[lstrok]a, 
Pankalla, and Turczyn 2021). Other plasticizers that are not phthalates 
include adipates and trimellitates. Rigid forms of PVC contain little 
to no plasticizers while more flexible forms require the addition of 
more plasticizers.
    It is difficult to determine the proportion of PVC products that 
contain plasticizers because PVC manufacturers and PVC product 
manufacturers are not generally required to report this information. 
Typically, plasticizers constitute from zero up to about 50 percent of 
the product by weight, although higher concentrations have been 
reported (Hahladakis et al. 2018; Kim et al. 2020; European Commission 
2022). Voluntary data from 2000 indicates at least two thirds of PVC is 
of rigid grades that do not typically contain any amount of 
plasticizers (Borrelli et al. 2005).

B. How is the EPA addressing discarded PVC?

    Separate from the Petition and EPA's action on it, the EPA 
regulates the management of solid waste, including discarded plastics 
such as PVC, under RCRA. EPA has established different standards for 
units accepting different types of non-hazardous waste, see 40

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CFR parts 257-258, and RCRA generally prohibits non-compliant ``open 
dumping'' of non-hazardous solid waste. 42 U.S.C. 6945(a).
    The EPA Strategic Plan of 2022-2026 (U.S. EPA 2022) sets forth 
priorities to reduce waste and prevent environmental contamination 
(Objective 6.2) including that ``EPA will administer grant programs to 
improve Tribal, state, and local solid waste management programs and 
infrastructure and education and outreach on waste prevention. EPA also 
will address land-based contributions to the mismanagement of post-
consumer materials and plastic waste.'' Further information about the 
management of discarded plastic, including discarded PVC, can be found 
at https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/advancing-sustainable-materials-management.
    The EPA Strategic Plan also sets priorities to protect and restore 
waterbodies and watersheds (Objective 5.2) including that ``EPA also 
will engage in both domestic and international partnerships to support 
trash pollution prevention programs, recycling efforts in rural and 
suburban communities, and waterfront revitalization'' and that EPA will 
``[i]mplement programs to prevent or reduce nonpoint source pollution, 
including nutrients and plastic pollution.'' Further information about 
the EPA's actions on plastic pollution in bodies of water, including 
marine plastic pollution as directed by the Save Our Seas 2.0 Act of 
2020 (Pub. L. 116-224) signed into law in December 2020, can be found 
at https://www.epa.gov/trash-free-waters/trash-free-waters-projects 
(EPA 2024a).
    In April of 2023 the EPA released for public comment and peer 
review a draft national strategy to prevent plastic pollution (EPA 
2023). Proposed actions from the draft national strategy to prevent 
plastic pollution (EPA 2024b) include to:
     Reduce the production and consumption of single-use, 
unrecyclable, or frequently littered plastic products.
     Minimize pollution across the life cycle of plastic 
products.
     Increase public understanding of the impact of plastic 
mismanagement and how to appropriately manage plastic products and 
other waste.
     Identify and implement policies, programs, technical 
assistance, and compliance assurance actions that effectively prevent 
trash/microplastics from getting into waterways or remove such waste 
from waterways once it is there.

C. Regulatory Background

    EPA defines hazardous waste for purposes of the RCRA hazardous 
waste regulations in 40 CFR 261.3. There are three ways by which a 
solid waste may be listed as hazardous waste under the RCRA hazardous 
waste regulations. See 40 CFR 261.11(a). Two of these are relevant to 
the Petition: 40 CFR 261.11(a)(1) and (a)(3).
    A solid waste may be listed as a hazardous waste pursuant to 40 CFR 
261.11(a)(1) if it ``exhibits any of the characteristics of a hazardous 
waste.'' The four characteristics of a hazardous waste are found in 40 
CFR 261.21-24. The most relevant to the Petition is the toxicity 
characteristic, found in 40 CFR 261.24. A solid waste exhibits the 
characteristic of toxicity if it leaches specified toxic contaminants 
in the toxicity characteristic leaching procedure (TCLP) in excess of 
the regulatory limit listed in Table 1 of 40 CFR 261.24. See 40 CFR 
261.24(a).
    A solid waste may be listed as a hazardous waste pursuant to 
261.11(a)(3) if ``it contains any of the toxic constituents listed in 
Appendix VIII [to 40 CFR part 261],'' and the Administrator concludes, 
after considering eleven factors, that it ``is capable of posing a 
substantial present or potential hazard to human health or the 
environment when improperly treated, stored, transported or disposed 
of, or otherwise managed.'' 40 CFR 261.11(a)(3). EPA lists hazardous 
constituents on Appendix VIII to 40 CFR part 261.
    Pursuant to 42 U.S.C. 6974, any person may petition the 
Administrator to conduct a RCRA rulemaking, including requesting a 
listing of a hazardous waste. EPA's regulations require that ``[a]fter 
evaluating all public comments the Administrator will make a final 
decision [on the petition] by publishing in the Federal Register a 
regulatory amendment or a denial of the petition.'' 40 CFR 260.20(e). 
The regulations require that every petition must include ``a statement 
of the need and justification for the proposed action, including any 
supporting tests, studies, or other information.'' 40 CFR 260.20(b)(4). 
While 40 CFR 260.20 does not provide specific information requirements 
for hazardous waste listing petitions, EPA has clarified that the 
information relevant to the listing criteria set forth in 261.11(a) is 
useful for petitioners to include in such a petition. See 45 FR 33070. 
Therefore, when a petition requesting a listing of a substance as a 
hazardous waste, as supplemented by the public comments, provides 
insufficient information to consider all of the relevant listing 
criteria under 261.11(a), EPA is not required to grant the petition and 
may deny the petition as a matter of its discretion for having provided 
an insufficient justification as required by 260.20(b)(4). EPA's 
discretion under 260.20 includes the choice of whether to pursue a 
matter beyond what is provided in the petition and any subsequent 
public comments, where they fail to provide sufficient indicia of a 
hazard to human health or the environment.

III. Petition for Rulemaking, EPA's Tentative Denial, and Comments 
Received

A. Summary of the Petitioner's Requested Changes and EPA's Tentative 
Denial

    On July 24, 2014, the Center for Biological Diversity (CBD) 
petitioned the EPA to ``promulgate regulations governing the safe 
treatment, storage and disposal of PVC, vinyl chloride and associated 
dialkyl- and alkylarylesters of 1,2-benzenedicarboxylic acid, commonly 
known as phthalate plasticizers.'' In doing so, CBD requested that 
discarded PVC be listed as a hazardous waste, which would require a 
narrative listing of discarded PVC from non-specific sources be added 
to the ``F'' list under 40 CFR 261.31.
    On January 12, 2023, the Agency published a tentative denial of the 
Petition. In the denial, the Agency explained that petitioners had not 
provided sufficient evidence to support a listing of discarded PVC as a 
RCRA hazardous waste as the Petition did not provide sufficient 
information that discarded PVC, under current waste management 
practices, ``present[s] a substantial present or potential hazard to 
human health or the environment when solid waste is improperly treated, 
stored, transported or disposed of, or otherwise managed (40 CFR 
261.11).'' Rather, much of the information provided in the Petition 
concerned potential exposures during the use of PVC as a product. Based 
on the information provided in the Petition, the Agency proposed to 
determine that a listing of discarded PVC was unwarranted at this time.

B. Summary of Comments Received

    The Agency received public comments on the tentative denial during 
the 30-day comment period that ran from January 12, 2023, through 
February 13, 2023. On February 23, 2023, after the comment period had 
closed, the

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Agency received a request to extend the comment period for an 
additional thirty days following the train derailment in East 
Palestine, Ohio. The Agency chose not to reopen the comment period 
because the release in East Palestine, Ohio did not have a direct 
bearing on the Petition. Furthermore, the Agency had entered into a 
consent decree with the Center for Biological Diversity (see docket 
EPA-HQ-OGC-2022-0406) in which the EPA had committed to sign the final 
determination on the Petition by April 12, 2024 (which the parties 
subsequently stipulated to extend to April 26, 2024). The requested 
extension of the comment period could have interfered with meeting that 
commitment.
    The Agency received 4,543 comments on the tentative denial. 63 
comments supported the tentative denial, including 2 letter writing 
campaigns representing approximately 52 of the comments, with 10 
substantive and distinct comments. 4,480 comments were opposed to the 
denial, including a letter writing campaign covering approximately 4464 
of the comments, with 3 substantive and distinct comments.
    The comments supporting the tentative denial largely echoed the 
language of EPA's tentative denial, including the lack of evidence in 
the Petition that discarded PVC meets the 40 CFR 261.11 listing 
criteria, Agency discretion, the variable composition of PVC, other EPA 
efforts addressing plastic pollution, and the existing regulations on 
landfills, incinerators, and toxic contaminants. These commenters also 
cited recent EPA actions under the Toxic Substances Control Act (TSCA) 
related to the risk evaluations of vinyl chloride and phthalates and 
noted that the studies provided by the petitioner related to direct 
phthalate exposure which, the commenters argued, cannot substitute for 
evidence of potential exposure or effects from discarded PVC. 
Additional comments expressed concern about the potential regulatory 
burden and/or complexity of complying with the changes requested by the 
Petition, particularly with regard to generator status, regulated 
medical waste, and recycling/sustainability efforts.
    The comments opposed to the denial of the Petition echoed the 
language of CBD's petition, expressing concern about potential releases 
of toxic constituents during the manufacture, use, and disposal of PVC. 
Specific concerns regarding disposal of PVC included plastic pollution 
and its effect on the environment, the scope of existing regulations, 
presence in landfills and incinerators, and potential release of 
hazardous constituents from landfill leachate and incineration. 
Commenters expressed concern about the potential toxicity of discarded 
PVC resin apart from any consideration of additives (i.e., phthalate 
plasticizers and metals from heat stabilizers). Additionally, the 
petitioner submitted 30 additional scientific studies as support.
    Responses to specific comments may be found in the response to 
comments document published separately in this docket.

IV. Reasons for EPA's Final Denial of the Petition

    Pursuant to 40 CFR 260.20, the Petition, as supplemented by public 
comments, must provide sufficient information to justify the listing of 
discarded PVC as a hazardous waste. The Petition and public comments 
fail to do so.
    The Petition does not specifically request that EPA list discarded 
PVC as a hazardous waste pursuant to 40 CFR 261.11(a)(1). However, it 
does provide some information that could be construed as relevant to a 
request for such a listing. The Petition does specifically request that 
EPA conduct a hazardous waste listing pursuant to 40 CFR 261.11(a)(3). 
Accordingly, EPA has considered information to be relevant to the 
Petition if it is relevant to either 261.11(a)(1) or (a)(3). EPA 
proposed to deny the Petition based on the lack of information provided 
by Petitioners. After considering public comment on the tentative 
denial, EPA concludes that the Petition, even as supplemented by the 
information received through the public comment period, still provides 
insufficient information to justify a listing of discarded PVC as a 
hazardous waste at this time under either 261.11(a)(1) or 261.11(a)(3).
    With respect to 40 CFR 261.11(a)(1), the Petition states that PVC 
may contain any of the following hazardous contaminants found in Table 
1 of 40 CFR 261.24: vinyl chloride monomer (D043), barium (D005), 
cadmium (D006), and lead (D008). Under EPA's regulations, a solid waste 
exhibits the hazardous waste characteristic of toxicity (TC) when the 
values in Method 1311 (TCLP) exceed 0.2 milligrams per liter (mg/L), 
100 mg/L, 1 mg/L, and 5 mg/L, respectively, for these contaminants. 
However, the Petition and comments are insufficient because they do not 
provide evidence that discarded PVC leaches these hazardous 
contaminants in excess of their TC regulatory levels. Additionally, EPA 
is also aware of at least one study suggesting that discarded PVC may 
not exhibit the hazardous waste characteristic of toxicity for vinyl 
chloride. Specifically, a survey of American vinyl producers conducted 
in 2000 found concentrations of residual vinyl chloride monomer to be 
too low to exceed the vinyl chloride TC regulatory level (Borrelli et 
al. 2005). That is, the study found that residual vinyl chloride 
concentrations were less than twenty times the TC regulatory level for 
vinyl chloride (20 x 0.2 mg/L = 4 mg/L), which according to agency 
guidance may be classified as non-hazardous with respect to the 
presence of vinyl chloride without having to conduct a TCLP test 
(https://www.epa.gov/hw-sw846/hazardous-waste-characteristics#question23). Therefore, given the insufficient 
information to determine whether hazardous contaminants in discarded 
PVC exceed their TC regulatory levels, EPA denies the Petition to the 
extent it requests a listing under 40 CFR 261.11(a)(1).
    With respect to 40 CFR 261.11(a)(3), the Petition does provide some 
evidence that discarded PVC may contain one or more toxic constituents 
listed in Appendix VIII. Specifically, petitioner provided evidence 
that discarded PVC contains residual vinyl chloride monomer, and may 
contain barium, cadmium, lead, DEHP, DBP, DEP, DMP, DnOP, and BBP.
    Nevertheless, the Petition, even as supplemented by the information 
received through the public comment period, does not provide sufficient 
information that discarded PVC is ``capable of posing a substantial 
present or potential hazard to human health or the environment when 
improperly treated, stored, transported or disposed of, or otherwise 
managed'' based on the eleven factors provided in 40 CFR 261.11(a)(3). 
40 CFR 261.11(a)(3). To determine whether discarded PVC meets the 
261.11(a)(3) criteria, EPA must consider eleven factors. The discussion 
below focusses on factors (ii), (iii), (vii), and (ix), detailing how 
the Petition and comments received provide insufficient information 
relevant to these criteria. Petitioner's failure to provide compelling 
information on these factors is sufficient to support EPA's final 
denial. EPA is not relying on an evaluation of, and does not intend to 
imply the sufficiency of, the evidence provided to support the other 
factors.
    EPA received mixed information relevant to factor (ii). Factor (ii) 
specifies that EPA will consider the concentration of the Appendix VIII 
constituent in the waste. The petitioner

[[Page 32420]]

provided some evidence that discarded PVC may contain residual vinyl 
chloride monomer, and that the following toxic constituents may be 
present due to additives: barium, cadmium, lead, DEHP, DBP, DEP, DMP, 
DnOP, and BBP. To support this, petitioner claimed that barium, cadmium 
and lead additives are often present in PVC. Petitioner also made 
generalized claims from a number of limited sources that the listed 
phthalates are often used by the PVC industry and may constitute up to 
eighty percent by weight of certain PVC products. However, EPA also 
received public comments explaining that all of the toxic constituents 
that petitioners describe have been largely phased out of PVC in the 
United States over decades, such that, for example, less than 9 percent 
of new PVC contains any phthalates (including phthalates not listed on 
Appendix VIII), and the concentration of residual vinyl chloride 
monomer may be so low as to not be detectable (Vinyl Institute 2023 p 
4, 13-14). Given the conflicting information on the prevalence and 
concentrations constituents in PVC, EPA has determined that the 
Petition and comments received provide insufficient information to 
consider the concentration of Appendix VIII constituents in discarded 
PVC.
    EPA received insufficient information relevant to factor (vii). 
Factor (vii) specifies that EPA will consider plausible types of 
improper management to which discarded PVC could be subjected. In 
evaluating this factor, EPA does not consider spills, accidents, or 
other unlikely scenarios. See Dithiocarbamate Task Force v. EPA, 98 
F.3d 1394, 1400-1401 (D.C. Cir. 1996); 63 FR 64383. Rather, EPA 
considers the current management practices for the waste at-issue and 
must identify ``some factual support for a conclusion that a particular 
mismanagement scenario is plausible.'' Dithiocarbamate Task Force at 
1400. The Petition relies on the presence of plastic pollution and 
evidence of phthalate exposure as evidence that mismanagement of 
discarded PVC has occurred and characterizes--without further 
elaboration--a limited number of sources for the proposition that 
marine pollution results from flawed waste management techniques.
    These claims are insufficiently supported in several respects. 
First, management of discarded PVC depends on the type and source of 
PVC, but may include disposal in construction and demolition landfills, 
municipal solid waste landfills, or incineration as municipal solid 
waste. The Petition fails to distinguish between the management 
practices applicable to the different sources of this PVC waste,\1\ and 
therefore, fails to properly identify potential improper management 
scenarios, or evaluate their plausibility. Second, the Petition fails 
to explain what amount of plastic pollution, including marine litter, 
can be attributed to PVC, as opposed to other forms of plastic. Third, 
the Petition also fails to explain the extent that this pollution has 
resulted from mismanagement of discarded PVC, as opposed to other 
sources such as uncontrolled litter or product use that occurs outside 
of the current waste management regime.\2\ For all of these reasons, 
the Petition and comments received provide insufficient evidence for 
EPA to consider the plausible types of improper management to which 
discarded PVC could be subjected.
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    \1\ For example, as noted in unit II.B. of this notice, 
different federal standards apply to different classifications of 
non-hazardous waste landfills.
    \2\ See Figure 10 of OECD 2022 for sources of aquatic plastic 
including product use; See also Table 8 of U.S. EPA 2020, which 
shows that discarded PVC is less than 3% of the plastic in municipal 
solid waste.
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    EPA also received insufficient information relevant to factors 
(iii) and (ix). Factor (iii) specifies that EPA will consider the 
potential of the constituent or any toxic degradation product of the 
constituent to migrate from the waste into the environment under the 
types of improper management considered in factor (vii); and factor 
(ix) specifies that EPA will consider the nature and severity of the 
human health and environmental damage that has occurred as a result of 
the improper management of wastes containing the constituent(s). Both 
of these factors require consideration of plausible mismanagement 
scenarios. However, as explained above, EPA received insufficient 
information about the plausible types of mismanagement to which 
discarded PVC could be subjected. The Petition and comments provided 
information about potential exposures from the use of PVC products. 
However, they did not explain why the information is germane to 
evaluating the potential of the constituent or any toxic degradation 
product of the constituent to migrate from waste (i.e., discarded PVC) 
into the environment under the particular environments found in waste 
management scenarios. Nor did they explain how it is relevant to human 
health or environmental damage occurring as a result of improper waste 
management. Finally, the Petition and comments fail to identify any 
cases or situations where substantial human health or environmental 
damage has occurred from exposure to hazardous constituents in PVC 
resulting from the management of discarded PVC.
    As such, the Petition fails to provide enough information to compel 
EPA to list discarded PVC as a hazardous waste. Nor do the Petition and 
comments include sufficient information of a potential hazard to human 
health or the environment that would otherwise justify, in the Agency's 
discretion, initiating a rulemaking procedure to supplement the 
insufficient information provided in the petition and public comments. 
Accordingly, EPA has determined that the Petition, even as supplemented 
by the information received through the public comment period, provides 
insufficient information to justify granting the petition under 260.20. 
The petition is denied.

V. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by the EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document 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. CBD. Petition for Rulemaking Pursuant to Section 7004(a) of the 
Resource Conservation and Recovery Act, 42 U.S.C. 6974(A), and 
Section 21 of the Toxic Substances Control Act, 15 U.S.C. 2620, 
Concerning the Regulation of Discarded Polyvinyl Chloride and 
Associated Chemical Additives. July 29, 2014.
2. Borrelli, F., de la Cruz, P., and Paradis, R. 2005. Residual 
Vinyl Chloride Levels in U.S. PVC Resins and Products: Historical 
Perspective and Update. Journal of Vinyl & Additive Technology, June 
2005 65-69. https://doi.org/10.1002/vnl.20040.
3. Czoga[lstrok]a, J., Pankalla, E., and Turczyn, R. 2021. Recent 
Attempts in the Design of Efficient PVC Plasticizers with Reduced 
Migration. Materials (Basel, Switzerland) 14(4): 844. https://doi.org/10.3390/ma14040844.
4. European Commission, Directorate-General for Environment. 2022. 
The use of PVC (poly vinyl chloride) in the context of a non-toxic 
environment: final report. Publications Office of the European 
Union. https://data.europa.eu/doi/10.2779/375357.
5. Hahladakis, J., Velis, C., Weber, R., Iacovidou, E., and Purnell, 
P. 2018. An overview of chemical additives present in plastics: 
Migration, release, fate and environmental impact during their use, 
disposal and recycling. Journal of

[[Page 32421]]

Hazardous Materials 344, 179-199. https://doi.org/10.1016/j.jhazmat.2017.10.014.
6. Kim, D.Y.; Chun, S.-H.; Jung, Y.; Mohamed, D.F.M.S.; Kim, H.-S.; 
Kang, D.-Y.; An, J.-W.; Park, S.-Y.; Kwon, H.-W.; Kwon, J.-H.. 2020. 
Phthalate Plasticizers in Children's Products and Estimation of 
Exposure: Importance of Migration Rate. International Journal of 
Environmental Research. and Public Health, 202017(22) 8582. https://doi.org/10.3390/ijerph17228582.
7. Organisation for Economic Cooperation and Development (OECD). 
2022. Global Plastics Outlook: Policy Scenarios to 2060--Policy 
Highlights. OECD Publishing, Paris. https://read.oecd-ilibrary.org/view/?ref=1143_1143481-88j1bxuktr&title=Global-Plastics-Outlook-Policy-Scenarios-to-2060-Policy-Highlights.
8. United States Environmental Protection Agency. 2020. Advancing 
Sustainable Materials Management: Facts and Figures Report, December 
2020. https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/advancing-sustainable-materials-management.
9. United States Environmental Protection Agency. 2022. FY 2022-2026 
EPA Strategic Plan. Washington, DC: U.S. Environmental Protection 
Agency, March 2022. Periodical. https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf.
10. United States Environmental Protection Agency. 2023. Draft 
National Strategy to Prevent Plastic Pollution: Executive Summary, 
April 2023. https://www.epa.gov/system/files/documents/2023-04/Draft_National_Strategy_to_Prevent_Plastic_Pollution_Executive_Summary.pdf.
11. United States Environmental Protection Agency. 2024a. Trash Free 
Waters Projects, Retrieved March 28, 2024. https://www.epa.gov/trash-free-waters/trash-free-waters-projects.
12. United States Environmental Protection Agency. 2024b. Draft 
National Strategy to Prevent Plastic Pollution, Retrieved March 28, 
2024. https://www.epa.gov/circulareconomy/draft-national-strategy-prevent-plastic-pollution.
13. Vinyl Institute. 2023. Public Comment. EPA-HQ-OLEM-2022-0971-
0028 Attachment 1.

Michael S. Regan,
Administrator.
[FR Doc. 2024-09031 Filed 4-25-24; 8:45 am]
BILLING CODE 6560-50-P