TSCA Section 21 Petition; Notice of Receipt, 35667-35669 [05-12195]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35667-35669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12195]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2005-0032; FRL-7720-5]


TSCA Section 21 Petition; Notice of Receipt

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 https://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 https://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

[[Page 35668]]

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 https://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

[[Page 35669]]

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: https://www.epa.gov/oei/qualityguidelines/af_
home.htm. The Federal Register notice for the document is available at 
the following website: https://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