[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Notices]
[Page 35667-35669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-82]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2005-0032; FRL-7720-5]
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 the
Ecology Center, of Ann Arbor, Michigan, under section 21 of the Toxic
Substances Control Act (TSCA), and requests comments on issues raised
by the petition. The petitioner requests EPA to establish regulations
to prohibit the manufacture, processing, distribution in commerce, use
and improper disposal of lead used in wheel balancing weights. Under
TSCA section 21, the Agency must either grant or deny the petition
within 90 days. The Agency will therefore respond to the petition by
August 10, 2005.
DATES: Comments, identified by docket identification (ID) number OPPT-
2005-0032, must be received on or before July 6, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, 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) 554-1401; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact: Dave Topping, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-1974; e-mail
address: topping.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may potentially be affected by this action if you manufacture
or import lead wheel weights or are an automobile tire retailer. 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 Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPPT-2005-0032. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA
West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The EPA Docket Center Reading Room telephone
number is (202) 566-1744 and the telephone number for the OPPT Docket,
which is located in EPA Docket Center, is (202) 566-0280.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in
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EPA's electronic public docket. The entire printed comment, including
the copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit confidential business
information (CBI) or information that is otherwise protected by
statute, please follow the instructions in Unit I.D. Do not use EPA
Dockets or e-mail to submit CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPPT-2005-0032. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov,
Attention: Docket ID Number OPPT-2005-0032. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Document Control Office (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
3. By hand delivery or courier. Deliver your comments to: OPPT
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number
OPPT-2005-0032. 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.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 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 and EPA's electronic docket. If you submit the copy that
does not contain CBI on disk or CD ROM, mark the outside of the disk or
CD ROM clearly that it does not contain CBI. Information not marked as
CBI 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
petitioner, 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
ID 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 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, the Agency must promptly commence an appropriate proceeding.
If EPA denies the petition, the Agency must publish
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its reasons for the denial in the Federal Register. Within 60 days of
denial, or the 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 May 13, 2005, the Ecology Center of Ann Arbor, Michigan,
petitioned EPA under section 21 of TSCA to establish regulations
prohibiting the manufacture, processing, distribution in commerce, use,
and improper disposal of lead wheel balancing weights.
The petition estimates that 70,000 tons per year of lead is used
world-wide to manufacture wheel weights used to balance vehicle tires.
It cites recent studies showing that lead deposition from wheel weights
is responsible for a significant volume of lead in the environment, as
the weights fall off vehicles and are gradually abraded into dust.
The petition notes that despite the shift towards unleaded gasoline
and the largely successful effort to recycle car batteries, lead
concentrations are disproportionately high around areas of high traffic
volumes. The petition cites several studies linking high lead
concentrations in urban soil or runoff to streets, parking lots, or
vehicle service areas. Cited studies also show that lead concentrations
in these areas can exceed standards for human and environmental health.
While acknowledging that few studies have analyzed the contribution of
lead wheel weights to these concentrations, the petition argues that it
is reasonable to assume that wheel weights play a role in lead's
persistence in highly trafficked areas.
The petition also cites lead wheel weights' contribution to the
end-of-life vehicle recyclable stream and waste stream, including
shredder waste. It references a report explaining that wheel weights
are not removed from the waste stream because it is time-consuming to
do so and the recovered lead has little value.
Alternative materials to lead in wheel weights, including tin,
steel, plastic, and a zinc-based alloy, are available and are being
used on some new car models, according to the petition. The petitioner
argues, however, that without EPA action, U.S. vehicle manufacturers
and tire dealers will continue to use lead wheel weights, both on new
vehicles and in the aftermarket as tires are repaired or replaced.
The petitioner therefore asks EPA to establish regulations under
TSCA that prohibit the manufacture, processing, distribution in
commerce, use, and improper disposal of lead wheel balancing weights.
EPA has commenced a review of this petition. Comments on the petition
may be submitted by any of the methods identified in Unit I.C.
C. EPA Seeks Additional Information
In considering whether to grant or deny the petition, EPA seeks a
better factual understanding of the potential risks to human health and
the environment associated with lead tire weights. Therefore, EPA seeks
data and information regarding the potential risks to human health and
the environment associated with the potential release of contaminants
from materials that may be used as substitutes for lead in tire
weights, including zinc, tin, steel and polymeric materials.
Due to the time constraints of TSCA section 21, EPA will allow the
public until July 6, 2005 to reply with any additional information
relevant to what we are identifying below. In assisting the Agency by
supplying this additional information, please follow the procedures
identified in Unit I.C. concerning submitting comments.
In assessing the usability of any data or information that may be
submitted, EPA plans to follow the guidelines noted 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 document is available at
the following website: http://www.epa.gov/oei/qualityguidelines/af_home.htm.
The Federal Register notice for the document is available at
the following website: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm
.
In particular, EPA seeks information on the following:
1. Quantitative information, data and/or case examples (e.g.,
recent scientific and technical studies, including analytical data
results, analyses of environmental impacts, and statistical analyses)
associated with the potential environmental releases to the air,
surface water, ground water, and soil (particularly regarding potential
releases within 1 mile of roadways, and potential releases to
particularly sensitive environments or human and ecological
populations) from lead tire weights and the following possible
alternatives to lead tire weights: Steel tire weights; ZAMA tire
weights (a zinc-based alloy consisting of zinc, aluminum, and copper);
plastic metal composite tire weights; and tin tire weights.
2. Quantitative information and data (scientific and technical
studies, including analytical data results, analysis of environmental
impacts, statistical analyses, etc.) associated with releases of lead
to the air, surface water, ground water, and soil within 1 mile of
roadways from tire weights and all other sources.
3. Information on whether the following potential exposure routes
associated with releases from lead (and other alternative material)
tire weights is complete or accurate, and whether other possible
exposure routes associated with such releases should be assessed: Dust
in and near roadways; dust from roadways migrating to residential front
yards, being tracked into houses and inhaled and/or ingested by
children; weights and/or particles swept up by municipal street
cleaners being incinerated, leading to increased levels of lead in air;
weights and/or particles swept up by municipal street cleaners and
landfilled, leading to increased levels of lead in ground water; vapors
from home smelting of used tire weights obtained by from gas stations
and small tire retailers; weights left on cars that may be collected
and burned in electric arc furnaces, releasing lead vapor and
particulate matter to the air; releases associated with auto shredder
activities (e.g., residues released to air or water); and releases from
roadways to streams resulting in potential exposures to aquatic and
terrestrial species.
List of Subjects
Environmental protection.
Dated: June 14, 2005.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. 05-12195 Filed 6-20-05; 8:45 am]
BILLING CODE 6560-50-S