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TSCA Section 21 Petition; Response to Citizen's Petition
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 27, 2006 (Volume 71, Number 144)]
[Notices]
[Page 42640-42642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy06-36]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0397; FRL-8079-7]
TSCA Section 21 Petition; Response to Citizen's Petition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On April 21, 2006, the Sierra Club petitioned EPA under
section 21 of the Toxic Substances Control Act (TSCA) to take four
actions under TSCA to mitigate risks from lead in toy jewelry. The
petitioner requested that EPA: (1) Require TSCA section 8(d) health and
safety data reporting; (2) submit a report to the Consumer Product
Safety Commission (CPSC) under TSCA section 9; (3) issue a significant
new use rule pursuant to TSCA section 5(a); and (4) issue quality
control orders under TSCA section 6(b). Of the actions requested by the
petitioner, TSCA section 21 applies only to the requests for actions
under TSCA sections 6(b) and 8(d). For the reasons set forth in this
notice, EPA has denied the petition to initiate rulemaking under these
two sections.
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) 554-1404; e-mail address:TSCA-
Hotline&epa.gov.
For technical information contact: Doreen Cantor, 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) 566-0486; e-mail
address: cantor.doreen@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,
import, or distribute in commerce toy jewelry containing lead, or if
you manufacture, import, process, or distribute in commerce lead.
Potentially affected entities may include, but are not limited to:
? (NAICS code 339914) Costume jewelry and novelty manufacturing
? (NAICS code 339932) Game, toy, and children's vehicle manufacturing
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding some of the entities likely to be
affected by this action. Other types of entities not listed in this
unit could also be affected. The North American Industrial
Classification System (NAICS) codes have been provided to assist you
and others in determining whether this action might apply to certain
entities. 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 a docket for this action under
docket identification number EPA-HQ-OPPT-2006-0397. The docket is
available for public viewing at the EPA Docket Center, Rm. B102, 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 Public Reading Room telephone number is
(202) 566-1744, and the telephone number for the OPPT Docket 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/.
Publicly available docket materials are available electronically at
http://www.regulations.gov or in hard copy at the OPPT docket.
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 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 petitioners
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 April 21, 2006, the Sierra Club petitioned EPA to take four
actions intended to reduce risks from toy jewelry containing lead. The
Sierra Club defines toy jewelry as any item that serves a decorative
but no or minimal functional purpose that is valued at less than $20
per item. The requested actions are:
? Require TSCA section 8(d) health and safety data reporting
for lead and lead salts.
? Submit a TSCA section 9 report to CPSC regarding lead and lead salts.
? Issue a TSCA section 5(a) significant new use rule
regarding lead and lead salts in toy jewelry.
? Issue TSCA section 6(b) quality control orders regarding
production of toy jewelry.
The petition also requested certain actions by CPSC.
Again, of the actions requested by the petitioner, TSCA section 21
applies only to actions under TSCA sections 6(b) and 8(d), and these
requests are addressed in this notice.
III. Disposition of Petition
EPA does not believe that the actions requested by the petitioner
under TSCA sections 6(b) and 8(d) would be helpful in addressing the
problem presented by lead in toy jewelry, at this time. These two
requests are therefore denied. The other two requests, for actions
under TSCA sections 5(a) and 9, are not petitionable under TSCA section
21. Section 21 enumerates specific sections and subsections of TSCA
under which any person may petition the Administrator to initiate a
proceeding for the issuance, amendment, or repeal of a rule or an
order. Sections 5(a) and 9 are not included.
A. Request to Issue Section 6(b) Quality Control Order Regarding
Production of Toy Jewelry
EPA does not believe that section 6(b) is an appropriate tool to
address the risks associated with lead in toy jewelry at this time. The
use of section 6(b) would be most beneficial when the Agency can
identify a small number of companies who, by their unique actions, are
causing unreasonable risks to be present. In the case at hand, EPA
believes that this approach may be inadequate and inefficient. Information
[[Page 42641]]
contained in several of the public comments suggests that there may be
numerous instances where toy jewelry containing lead is still available
in the marketplace. EPA is working in coordination with CPSC to
understand the scope of the problem. A holistic and proactive approach
may be more effective and less resource intensive than the case-by-case
approach provided for under section 6(b).
Where the Administrator has a reasonable basis to conclude that a
particular manufacturer or processor is manufacturing or processing a
chemical substance or mixture in a manner which unintentionally causes
the chemical substance or mixture to present an unreasonable risk, TSCA
section 6(b)(1) allows the Administrator to require the manufacturer or
processor to provide information regarding the relevant quality control
procedures followed in the manufacturing or processing. If the
Administrator then determines such procedures are inadequate, TSCA
section 6(b)(2) allows the Administrator to require the manufacturer or
processor to revise its procedures. EPA notes that only orders under
section 6(b)(2) are subject to TSCA section 21. The request contained
in this petition is for orders to remedy quality control procedures
where necessary (section 6(b)(2)). However, EPA is not in a position to
issue such orders at this time because it has not issued any section
6(b)(1) orders that could provide the basis for section 6(b)(2) orders.
The request that EPA identify and issue section 6(b) orders to all
manufacturers and processors producing toy jewelry with greater than
0.06% lead is therefore denied. However, EPA is not foreclosing the
possibility of issuing section 6(b) orders in the future should it
conclude that section 6(b) is an appropriate tool to address risks
presented by particular manufacturers or processors.
B. Request to Require TSCA Section 8(d) Health and Safety Data
Reporting for Lead and Lead Salts
TSCA section 8(d) authorizes the Agency to promulgate rules
requiring that manufacturers, processors, and distributors of chemical
substances or mixtures submit lists and copies of such health and
safety studies to the Administrator. While this could allow the Agency
to require the submission of health and safety studies on lead and lead
salts, the Agency does not believe that a section 8(d) rule would
provide useful information, at this time.
Extensive and detailed information on the toxicity of lead is
already widely available. The Agency is already in possession of
voluminous information on the health hazards of lead, and has
undertaken numerous rulemakings and other actions based on this
information. Along with the rest of the federal government and many
other bodies, the Agency has concluded that lead can cause multiple
adverse health effects, and has set a goal to eliminate lead poisoning
as a major health concern in children by 2010. While the Agency is
always open to the receipt of additional information on the health and
safety of various substances, it believes that the health effects of
lead are already well-known and accepted. Over the course of EPA's many
rulemaking and policy development efforts to address lead risks to
children, including numerous notice and comment proceedings, public
meetings, and other fora for exchange of information, EPA believes that
it has assessed the most critical existing lead health and safety studies
that EPA and/or CPSC would find most valuable for regulatory purposes.
While it is possible some new information could be obtained from a
section 8(d) rule, EPA does not consider it likely that it would gain
significant new information through a section 8(d) rule requiring the
types of studies identified by the petitioner. In addition, it is not
clear that EPA has authority to obtain under section 8(d) all of the
information identified by the petitioner (e.g., information on
marketing and patterns of use).
For the reasons described above, EPA does not believe, at this
time, that the requested section 8(d) rule would be helpful in
assessing the risks to children from lead in toy jewelry and is, thus,
denying this request. However, EPA is continuing to work with CPSC, and
would consider doing a targeted section 8(d) rule should EPA conclude
in the future that it has a need for specific information that could
likely be obtained through this mechanism.
IV. Related Issues
After receiving this petition, EPA published a notice in theFederal
Register soliciting comments and further information on the issues
associated with lead in toy jewelry (71 FR 30921, May 31, 2006) (FRL-
8069-3). EPA has carefully assessed this information, along with the
information provided in the petition, and will continue to evaluate
this information and conduct additional analyses to better understand
the scope and severity of this issue.
Despite EPA's reservations about the specific approaches requested
in this petition, the Agency is concerned about the continuing use of
lead in toy jewelry and is working with CPSC to develop the most
effective means to address this issue. The two Agencies have met four
times since receiving this petition and have established an interagency
group to identify the most effective steps to move forward. In the
short-term, EPA will work with CPSC to examine approaches to outreach
to retailers.
V. Comments Received
EPA received 10 comments in response to the Federal Register notice
published May 31, 2006 (71 FR 30921), announcing EPA's receipt of this
TSCA section 21 petition.
Five comments were received from state and municipal governmental
agencies (Chicago, Minnesota, Minneapolis/Hennepin County, New York
State, and Illinois), all of which strongly supported the petition.
Several of these comments included survey data and anecdotal
information showing that toy jewelry containing lead is available and
causes moderate to severe health effects. These comments stressed the
need for Federal action to eliminate lead from toy jewelry. Several
comments also stressed that Federal action is needed to eliminate lead
from other consumer and children's products as well.
Four comments were received from other sources (a private citizen,
the Regulated Community Compliance Project of Boston University, the
Coastal Health District, and Kids in Danger) which were also supportive
of the petition, describing health risks to children from lead in toy
jewelry. These comments did not include additional data, except that
one (from Kids In Danger) included its 2004 report ``Playing With
Poison: Lead Poisoning Hazards of Children's Products, 1990-2004'').
These comments also urged federal action to eliminate lead in toy
jewelry and in other products.
One trade association (the Association of Battery Recyclers (ABR))
submitted comments. This commenter opposed the petition for the TSCA
section 8(d) request, on the bases that the petitioner had not
identified benefits to be derived from the use of section 8(d), had not
demonstrated why EPA action is needed given CPSC programs, and was
overly broad. The comment also opposed the TSCA section 9 request on
the basis of being overly broad. This commenter had no comment on the
requests for action under TSCA sections 5(a) and 6(b).
EPA has considered these comments in responding to the petition.
List of Subjects
Environmental protection, lead, children's health.
[[Page 42642]]
Dated: July 20, 2006.
James B. Gilliford
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E6-12044 Filed 7-26-06; 8:45 am]
BILLING CODE 6560-50-S