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TSCA Section 21 Petition; Notice of Receipt
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 31, 2006 (Volume 71, Number 104)]
[Notices]
[Page 30921-30923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my06-92]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0397; FRL-8069-3]
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
Sierra Club and requests comments on issues raised by the petition. The
petitioner is concerned about the risks of toy jewelry containing lead
and requests that EPA take four actions under the Toxic Substances
Control Act (TSCA). The petitioner requests 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; and (4)
issue quality control orders under TSCA section 6(b). Of the actions
requested by the petitioner, TSCA section 21 applies only to requests
for actions under TSCA sections 6(b) and 8(d). The Agency must either
grant or deny a section 21 petition within 90 days. The Agency will
therefore respond to the requests for action under TSCA sections 6(b)
and 8(d) by July 20, 2006. EPA will carefully consider the requests for
action under TSCA sections 5 and 9, which are not subject to section 21
and will respond to them at a later time.
DATES: Comments must be received on or before June 15, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0397, by one of the following methods.
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-2006-0397. 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 Docket'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-
2006-0397. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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'' systems,
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 public 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.
Docket: EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPPT-2006-0397. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other related information.
All documents in the docket are listed in the regulations.gov index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through regulations.gov or in hard copy at the
OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280.
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 numbers: (202) 554-1401; 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:
[[Page 30922]]
? (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. 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 as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed 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 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 the estimate.
vi. Provide specific examples to illustrate your concerns, and
suggested 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. Background
A. What is a TSCA Section 21 Petition?
TSCA section 21 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 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 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 the Consumer Product
Safety Commission (CPSC) regarding lead and lead salts.
? Issue a TSCA section 5 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, which will be
considered by that agency.
The petition sets forth the following incidents in support of its
requests. In February 2006, a child died from lead poisoning after
ingesting toy jewelry that contained lead. In 2004, 4 importers
recalled 150 million metal toy jewelry items pursuant to an agreement
with CPSC. Another case of severe lead poisoning occurred from a toy
necklace in 2003. Finally, the petition notes that both poisonings, and
the recalled jewelry, concerned products distributed in violation of
CPSC's 1998 Codification of Guidance Policy on Lead in Consumer Products.
The Sierra Club petition also refers to the federal government's
goal of eliminating lead poisoning by 2010. It concludes that the
current system is not working and that stronger action is needed if the
federal government's goal is to be met.
The petitioner therefore asks EPA to take action under TSCA. 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. EPA Seeks Additional Information
In considering how to respond to the petition, EPA seeks a better
factual understanding of the potential and actual risks to human health
and the environment associated with lead in toy jewelry. Therefore, EPA
seeks data and information regarding the potential risks to human
health associated with lead in toy jewelry, including ongoing uses of
lead in toy jewelry, the extent and degree of use, and other information.
Under TSCA section 21, which is applicable to requests for
rulemaking proceedings under TSCA sections 6(b) and 8(d), the Agency
must either grant or deny a petition within 90 days. Because the Agency
must respond to the requests for action under TSCA sections 6(b) and
8(d) by July 20, 2006, EPA will allow the public until June 15, 2006 to
reply with any additional information relevant to the issues identified
below. EPA will carefully consider the requests for action under TSCA
sections 5 and 9, and will respond to them at a later time. In
assisting the Agency by supplying this additional information, please
follow the procedures in Unit I.B.
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 100/B-03/001), referred to as the
``Assessment Factors Document.'' This document is available at the
following website:http://www.epa.gov/osa/spc/assess.htm. The Federal
Register notice for this document is available at the following Web
site: 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 reports (e.g., incident
reports, recent scientific and technical studies)
[[Page 30923]]
associated with the presence of lead in toy jewelry. This would include
any information on how and why lead is used in toy jewelry, the extent
and prevalence of lead in toy jewelry, and the concentrations of lead
found in toy jewelry (including lead used by design or by inadvertent
contamination). The Agency is also interested in information on the
manner and methods of manufacturing, processing, distribution in
commerce, and disposal of toy jewelry containing lead.
2. Quantitative information, data and/or case examples (e.g.,
incident reports, recent scientific and technical studies) associated
with the health effects, particularly to children, from toy jewelry or
similar objects containing lead. This would include any case studies or
other information relating to exposure of human beings or the
environment to lead in toy jewelry, particularly any exposure of
children to lead in toy jewelry. Also useful would be information on
exposure to lead in similar objects which are available to children via
direct mouthing or ingestion, or hand-to-mouth behavior. This would
include any studies or other information relating lead concentration or
quantity to blood lead level or health effects.
3. Information on and evidence of quality control procedures for
the manufacture, import, distribution, and sale of toy jewelry,
particularly those procedures that would measure and monitor lead
content of various components of toy jewelry. This would include
information of the cost and effectiveness of these procedures.
4. Information on the availability, cost, and health effects of
alternatives to lead in toy jewelry.
5. Information on whether the definition of toy jewelry used by the
Sierra Club (``any item that serves a decorative but no or minimal
functional purpose that is valued at less than $20 per item'') is clear
and otherwise appropriate.
List of Subjects
Environmental protection.
Dated: May 23, 2006.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-8246 Filed 5-30-06; 8:45 am]
BILLING CODE 6560-50-S