[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34342-34345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16815]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2009-0467; FRL-8424-7]
Lead Wheel Balancing Weights; TSCA Section 21 Petition; Notice of
Receipt and Request for Comment
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 Ecology Center of Ann Arbor, Michigan and the Sierra Club et
al., (petitioners) on May 29, 2009. The petition requests that EPA
establish regulations prohibiting the manufacture, processing, and
distribution in commerce of lead wheel balancing weights. EPA must
either grant or deny the petition within 90 days of filing.
DATES: Comments must be received on or before July 30, 2009
[[Page 34343]]
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0467, 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-2009-0467. 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-
2009-0467. 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 at http://www.regulations.gov. 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: Mark Henshall, National Program
Chemicals Division (7404T), Office Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0523; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may,
however, be of interest to you if you manufacture, process, distribute
or use lead wheel balancing 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. 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. TSCA Section 21
A. What is a TSCA Section 21 Petition?
Under section 21 of TSCA (15 U.S.C. 2620), any person can 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 TSCA section
5(e) or 6(b)(2). A TSCA section 21 petition must set forth the facts
that are claimed to establish
[[Page 34344]]
the necessity 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 its reasons for the
denial in the Federal Register. A petitioner may commence a civil
action in a U.S. district court to compel initiation of the requested
rulemaking proceeding within 60 days of either a denial or if EPA fails
to grant or deny the expiration of the 90-day period.
B. What Criteria Apply to a Decision on a TSCA Section 21 Petition?
Section 21(b)(1) of TSCA requires that the petition ``set forth the
facts which it is claimed establish that it is necessary'' to issue the
rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA section 21
implicitly incorporates the statutory standards that apply to the
requested actions. In addition, TSCA section 21 establishes standards a
court must use to decide whether to order EPA to initiate rulemaking in
the event of a lawsuit filed by the petitioner after denial of a TSCA
section 21 petition. 15 U.S.C. 2620(b)(4)(B). Accordingly, EPA will
refer to the standards in TSCA section 21 and in the provisions under
which actions have been requested to evaluate this petition.
III. Summary of TSCA Section 21 Petition Received
A. What Action was Requested?
On May 29, 2009, EPA received a petition from the Ecology Center
and the Sierra Club et al., petitioning EPA to establish regulations
prohibiting the manufacture, processing, and distribution in commerce
of lead wheel balancing weights (``wheel weights'').
The petition and information submitted by the petitioner(s) is
included in the docket at http://www.regulations.gov, under EPA-HQ-
OPPT-2009-0467.
B. What Support Do the Petitioners Offer?
This petition incorporates by reference a previous petition
submitted by the Ecology Center on May 13, 2005 (OPPT-2005-0032) (70 FR
35667, June 21, 2005) (FRL-7720-5), which requested a very similar
action. In that petition, the Ecology Center asked EPA to prohibit the
manufacturing, processing, distribution in commerce, and use and
improper disposal of lead wheel balancing weights. EPA denied that
petition on August 8, 2005.
The petitioners note that they have previously highlighted that
automobiles are a significant contributor of ongoing lead releases to
the environment. The previous petition identified lead wheel balancing
weight failure (weights falling off rims into roadways) as one of the
largest ongoing releases of lead to the environment. The previous
petition also noted that lead is consistently found to be in high
concentrations on roadways and in end-of-life, vehicle waste (commonly
called Auto Shredder Residue (ASR)). The petitioners also commented
that lead wheel balancing weights are the second largest ongoing use of
lead in vehicles and play a significant role in the release of lead to
the environment.
The petitioners also note that on August 29, 2008 EPA announced its
voluntary National Lead-Free Wheel Weight Initiative (NLFWWI). The
Initiative's 40 charter members and four subsequent members include
every new car manufacturer, four domestic lead wheel balancing weight
producers (3M, Hennessy, Perfect, and Plombco), two leading tire
manufacturers (Bridgestone Firestone and Goodyear) and major retailers
(Bridgestone Firestone, Goodyear, Costco, Wal-Mart, and Sam's Club).
These organizations committed in writing to:
Identify the volume of lead to be eliminated.
Reduce the use of lead for wheel balancing weights by
December 31, 2011.
Take responsibility for providing information, education,
and outreach to the public, regarding the benefits of using lead-free
wheel balancing weights.
Properly collect and recycle used lead wheel balancing
weights in their current inventory or acquired through normal business
operation.
Publicly endorse the NLFWWI and encourage the use of lead-
free wheel balancing weights by others.
Petitioners cited EPA's National Lead-Free Wheel Weight Initiative
web page which states:
12.5 million pounds of lead from wheel balancing weight is
uncontrolled or unmanaged in the environment.
1.6 million pounds of lead is lost when wheel balancing
weights fall off during normal driving conditions such as hitting a pot
hole.
10.9 million pounds is sold or given to hobbyists for
recreational purposes.
Petitioners estimate that no more than one-third of the lead wheel
weight market would potentially be changed to lead-free due to the
NLFWWI.
Petitioners also point to recent state actions to address wheel
balancing weights. The petition notes that on April 28, 2009, the State
of Washington instituted a ban on lead wheel balancing weights
effective January 1, 2011 and that California, Iowa, and Maine have
similar proposals under consideration. The petition also stated that in
2008, Vermont banned lead wheel balancing weights on state-owned
vehicles by January 1, 2010 and in new motor vehicles as of January 1,
2011.
IV. EPA Seeks Public Comment
Under TSCA section 21, EPA must either grant or deny a petition
within 90 days. EPA is providing this opportunity for the public to
comment on, or provide any additional information relevant to, the
issues identified in the petition. In order for the Agency to consider
such comments within the 90-day petition review period, EPA must
receive the comments by July 30, 2009 (see ADDRESSES).
In particular, EPA seeks information on the following:
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 wheel balancing weights and the following
alternatives to lead tire weights: Steel tire weights; zinc alloy wheel
balancing weights; plastic metal composite wheel balancing weights; and
tin wheel balancing weights.
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 wheel balancing weights and all other
sources.
Information on whether the following list of potential
exposure routes associated with releases from lead (and other
alternative material) wheel balancing weights is complete or accurate,
and whether other possible exposure routes associated with such
releases should be considered: Dust in and near roadways; dust from
roadways migrating to residential front yards, being tracked into
houses and inhaled and/or ingested by children; wheel balancing weights
and/or particles swept up by municipal street cleaners being
incinerated, leading to increased levels of lead in air; wheel
balancing weights and/or particles swept up by municipal street
cleaners and land
[[Page 34345]]
filled, leading to increased levels of lead in ground water; vapors
from home smelting of used wheel balancing weights obtained from gas
stations and small tire retailers; wheel balancing 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.
Quantitative or anecdotal information on the current
availability and suitability of lead-free wheel balancing weights as
alternatives, in both original equipment and aftermarket settings,
particularly any comparisons between lead-free and lead wheel balancing
weights in terms of price, ease of installation, durability, and other
attributes of performance and suitability.
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 100B-03/001), referred to as the
``Assessment Factors Document.'' The ``Assessment Factors Document''
was published in the Federal Register issue of July 1, 2003 (68 FR
39086) (FRL-7520-2) and is available on-line at http://www.epa.gov/osa/spc/assess.htm.
List of Subjects
Environmental protection, lead, wheel balancing weights, zinc.
Dated: July 6, 2009.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. E9-16815 Filed 7-14-09; 8:45 am]
BILLING CODE 6560-50-S