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2021-05-21
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Petition for Rulemaking Under TSCA; Reasons for Agency Response; Denial of Requested Rulemaking
Proposed Rules
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United States
Environmental Protection Agency
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United States Government Agency or Subagency
This document announces the availability of EPA's response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. While the petition requested three actions related to TSCA, EPA has determined that only one of those actions is an appropriate request: A request to issue a test rule under TSCA requiring testing of phosphogypsum and process wastewater from phosphoric acid production. EPA is treating the other portions of the petition involving TSCA as a petition under the Administrative Procedure Act (APA); those other portions request EPA to initiate the prioritization process for designating phosphogypsum and process wastewater as high-priority substances for risk evaluation, and to make a determination by rule under TSCA that the use of phosphogypsum in road construction is a significant new use. Therefore, this document does not provide EPA's response to these two TSCA-requested actions. Also, this document does not address the petitioners' requests under the Resource Conservation and Recovery Act (RCRA). After careful consideration, EPA has denied the TSCA section 21 portion of the petition for the reasons set forth in this document.
86 FR 27546
https://www.govinfo.gov/app/details/FR-2021-05-21/2021-09998
2021-09998
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6560-50-P
EPA-HQ-OPPT-2021-0174
FRL-10023-55
https://www.govinfo.gov/app/details/FR-2021-05-21/2021-09998
https://www.govinfo.gov/content/pkg/FR-2021-05-21/html/2021-09998.htm
https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/2021-09998.pdf
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86 FR 27546
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Petition for Rulemaking Under TSCA; Reasons for Agency Response; Denial of Requested Rulemaking; Federal Register Vol. 86, Issue
PRORULE
2021-09998
ENVIRONMENTAL PROTECTION AGENCY
EPA-HQ-OPPT-2021-0174
FRL-10023-55
6560-50-P
2021-09998
Petition for rulemaking; denial; reasons for Agency response.
This document announces the availability of EPA's response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. While the petition requested three actions related to TSCA, EPA has determined that only one of those actions is an appropriate request: A request to issue a test rule under TSCA requiring testing of phosphogypsum and process wastewater from phosphoric acid production. EPA is treating the other portions of the petition involving TSCA as a petition under the Administrative Procedure Act (APA); those other portions request EPA to initiate the prioritization process for designating phosphogypsum and process wastewater as high-priority substances for risk evaluation, and to make a determination by rule under TSCA that the use of phosphogypsum in road construction is a significant new use. Therefore, this document does not provide EPA's response to these two TSCA-requested actions. Also, this document does not address the petitioners' requests under the Resource Conservation and Recovery Act (RCRA). After careful consideration, EPA has denied the TSCA section 21 portion of the petition for the reasons set forth in this document.
EPA's response to this TSCA section 21 petition was signed May 5, 2021.
For technical information contact: Brooke Porter, Existing Chemicals Risk Management Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
Petition for Rulemaking under TSCA; Reasons for Agency Response; Denial of Requested Rulemaking,
porter.brooke@epa.gov
TSCA-Hotline@epa.gov
http://www.regulations.gov
https://doi.org/10.1002/ajim.22542
https://doi.org/10.1080/02786820600643313
https://www.atsdr.cdc.gov/toxprofiledocs/index.html
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tscasection-21#reporting
https://www.epa.gov/dockets
https://www.epa.gov/enforcement/mosaic-fertilizer-llc-settlement
https://www.epa.gov/iris
https://www.epa.gov/radiation/tenorm-fertilizer-and-fertilizer-production-wastes
https://www.epa.gov/sites/production/files/2020-10/documents/4-7-2020_pg_petition.pdf
Federal Register
Vol. 86, no. 97
Office of the Federal Register, National Archives and Records Administration
2021-05-21
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https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/FR-2021-05-21.pdf
https://www.govinfo.gov/content/pkg/FR-2021-05-21/xml/FR-2021-05-21.xml
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