Hydrofluorosilicic Acid in Drinking Water; TSCA Section 21 Petition; Reasons for Agency Response, 48845-48848 [2013-19486]
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
[EPA–HQ–OPPT–2013–0443; FRL–9395–3]
Hydrofluorosilicic Acid in Drinking
Water; TSCA Section 21 Petition;
Reasons for Agency Response
Environmental Protection
Agency (EPA).
ACTION: Petition; reasons for Agency
response.
AGENCY:
This document announces the
availability of EPA’s response to a
petition received by EPA under the
Toxic Substances Control Act (TSCA).
The TSCA section 21 petition, dated
May 9, 2013, was submitted by
American University students, alumni,
and faculty. The petitioners requested
EPA to take action to prohibit the use
of hydrofluorosilicic acid (HFSA) as a
water fluoridation agent. After careful
consideration, EPA denied the TSCA
section 21 petition for the reasons
discussed in this document.
DATES: EPA’s response to this TSCA
section 21 petition was signed August 6,
2013.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Toni
Krasnic, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–0984; fax number:
(202) 564–4775; email address:
krasnic.toni@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. Operators and customers of
public water systems may have
particular interest in this action. This
action also might be of interest to those
persons who manufacture (including
import) or process HFSA or other
fluoridation agents.
B. How can I access information about
this petition?
The docket for this TSCA section 21
petition, identified by docket
identification (ID) number EPA–HQ–
OPPT–2013–0443, is available at
https://www.regulations.gov or at the
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Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC. The 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. Please review the visitor
instructions and additional information
about the docket available at https://
www.epa.gov/dockets.
II. TSCA Section 21
A. What is a TSCA Section 21 Petition?
Under TSCA section 21 (15 U.S.C.
2620), any person can petition EPA to
initiate a rulemaking 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 that it is necessary to take
the requested action. EPA must 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. 15 U.S.C. 2620(b)(3). 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 the expiration of the 90-day
period. 15 U.S.C. 2620(b)(4).
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
has relied on the standards in TSCA
section 21 and in the provision under
which the action has been requested to
evaluate this TSCA section 21 petition.
Of particular relevance here is the
legal standard regarding TSCA section 6
rules. In order to promulgate a rule
under TSCA section 6, the EPA
Administrator must find that ‘‘there is a
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reasonable basis to conclude that the
manufacture, processing, distribution in
commerce, use, or disposal of a
chemical substance or mixture . . .
presents or will present an unreasonable
risk.’’ 15 U.S.C. 2605(a). This finding
cannot be made considering risk alone.
Under TSCA section 6, a finding of
‘‘unreasonable risk’’ requires the
consideration of costs and benefits.
Specifically, in promulgating any rule
under TSCA section 6(a), the statute (15
U.S.C. 2605(c)(1)) requires that the EPA
Administrator consider:
• The effects of such chemical
substance or mixture on health and the
magnitude of the exposure of human
beings to such chemical substance or
mixture.
• The effects of such chemical
substance or mixture on the
environment and the magnitude of the
exposure of the environment to such
chemical substance or mixture.
• The benefits of such chemical
substance or mixture for various uses
and the availability of substitutes for
such uses.
• The reasonably ascertainable
economic consequences of the rule, after
consideration of the effect on the
national economy, small business,
technological innovation, the
environment, and public health.
Furthermore, the control measure
adopted is to be the ‘‘least burdensome
requirement’’ that adequately protects
against the unreasonable risk. 15 U.S.C.
2605(a).
In addition, TSCA section 21(b)(4)(B)
provides the standard for judicial
review should EPA deny a request for
rulemaking under TSCA section 6(a): ‘‘If
the petitioner demonstrates to the
satisfaction of the court by a
preponderance of the evidence that . . .
there is a reasonable basis to conclude
that the issuance of such a rule . . . is
necessary to protect health or the
environment against an unreasonable
risk of injury,’’ the court shall order the
EPA Administrator to initiate the
requested action. 15 U.S.C.
2620(b)(4)(B).
Finally, TSCA section 9(b) directs
EPA to take regulatory action on a
chemical substance or mixture under
other statutes administered by the
Agency if the EPA Administrator
determines that actions under those
statutes could eliminate or reduce to a
sufficient extent the risks posed by the
chemical substance or mixture. If this is
the case, the regulation can be
promulgated under TSCA only if the
EPA determines that it is in the ‘‘public
interest’’ to protect against that risk
under TSCA rather than the alternative
authority. 15 U.S.C. 2608(b).
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III. Summary of the TSCA Section 21
Petition
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A. What action was requested?
In the petition, dated May 9, 2013,
American University students, alumni,
and faculty seek to have EPA take action
under TSCA section 6 to prohibit the
use of HFSA as a water fluoridation
agent (Ref. 1).
B. What support do the petitioners offer?
The petitioners claim that HFSA leads
to the contamination of drinking water
with arsenic, lead, and radionuclides. In
addition, the petitioners claim that an
existing alternative source of fluoride
for water fluoridation, pharmaceutical
grade sodium fluoride (NaF), would not
contribute to drinking water levels of
arsenic, lead, or radionuclides
comparable to those in HFSA. The
following is a summary of major claims
by the petitioners:
1. Arsenic. Petitioners claim that an
alternate source of fluoride,
pharmaceutical grade NaF, delivers at
least 100-fold lower levels of arsenic
than does HFSA when water authorities
choose to adjust their water supply to
contain about 0.7 milligram per liter
(mg/L) of fluoride. The petitioners cite
an analysis that purports to show that
for typical levels of arsenic in HFSA and
pharmaceutical grade NaF, use of
pharmaceutical grade NaF as a
fluoridation agent produces about 100fold fewer lung and bladder cancer
cases than HFSA (3.4 versus 320 cases)
(Ref. 2). That analysis also purports to
show that use of typical pharmaceutical
grade NaF, rather than HFSA (delivering
an average level of arsenic as
determined by National Sanitation
Foundation (NSF) tests), results in over
500-fold fewer lung and bladder cancer
cases (3.4 versus 1,800 cases). Based on
this analysis, the petitioners assert that
the net cost to the citizens of the United
States of using HFSA is at least $1,011
million (M) to $6,191M more per year
than using the pharmaceutical grade
NaF (Ref. 2; see Tables 1–3, case 1 and
case 4).
2. Lead. Petitioners claim that HFSA
contains lead and that the use of HFSA
results in leaching of lead from leadcontaining water piping systems into
water. The petitioners also claim that
when chloramine is used in conjunction
with silicofluorides (chemical
substances composed of silicon and
fluorine), such as HFSA, enhanced
leaching of lead into water occurs (Refs.
3, 4, and 5). Petitioners further claim
that when pharmaceutical grade NaF is
used as the fluoridating agent, rather
than HFSA, leaching of lead is greatly
reduced or eliminated altogether. The
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petitioners assert children drinking
water fluoridated with silicofluorides
are at increased risk of having elevated
blood lead levels (Refs. 6 and 7).
3. Radionuclides. Petitioners also
expressed concerns about radionuclides
impurities in HFSA and increased risk
of cancer as a common concern for all
radionuclides (Refs. 1 and 8).
IV. Disposition of TSCA Section 21
Petition
A. What is EPA’s response?
After careful consideration, EPA
denied the TSCA section 21 petition
primarily because EPA concluded that
petitioners have not set forth sufficient
facts to establish that HFSA presents or
will present an unreasonable risk and
that it is necessary to initiate a TSCA
section 6(a) rulemaking to protect
adequately against such risk. A copy of
the Agency’s response, which consists
of a letter to the petitioners, is available
in the docket for this TSCA section 21
petition.
B. What is EPA’s reason for this
response?
For the purpose of making its
decision, EPA evaluated the information
presented or referenced in the petition
as well as the Agency’s authority and
requirements under TSCA sections 6, 9,
and 21. After careful consideration, EPA
denied the TSCA section 21 petition
because the evidence presented by the
petitioners does not adequately support
a conclusion that HFSA, when used as
a fluoridation agent, presents or will
present an unreasonable risk to health
or the environment and that a TSCA
section 6 rulemaking is necessary to
protect adequately against such risk.
More specifically:
1. Arsenic. EPA evaluated the costbenefit analysis submitted by the
petitioners and determined that the
petitioners miscalculated net benefits
for pharmaceutical grade NaF compared
to HFSA. Specifically, it appears that
the petitioners failed to convert their
estimates of lifetime cancer risk to
estimates of annual cancer risk for the
purpose of calculating annual net
benefits. This error alone results in a 70fold overestimation of the number of
annual cancer cases due to arsenic. That
is, for the analysis in which the
petitioners evaluate arsenic
concentrations of 0.078 parts per billion
(ppb) due to HFSA and 0.00084 ppb due
to pharmaceutical grade NaF, the
estimated numbers of cancer cases,
when corrected, decrease from 320 to
4.6 per year for HFSA and from 3.4 to
0.05 per year for pharmaceutical grade
NaF (Refs. 2 and 9). Similarly, for the
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analysis in which the petitioners
evaluate an arsenic concentration of
0.43 ppb due to HFSA and 0.00084 due
to pharmaceutical grade NaF, the
estimated numbers of cancer cases,
when corrected, decrease from 1,800 to
25 per year for HFSA and from 3.4 to
0.05 per year for pharmaceutical grade
NaF (Refs. 2 and 9). After making the
correction (i.e., annualizing the lifetime
cancer risk), and retaining all other
assumptions of the petitioners analysis,
the analysis actually indicates that the
cost-benefit ratio is in favor of using
HFSA over pharmaceutical grade NaF
(¥$81M/year to ¥$8M/year,
respectively) rather than pharmaceutical
grade NaF over HFSA (Ref. 9). As a
result, the information submitted by
petitioners does not support the
petitioners’ claim that there are net
benefits in switching from HFSA to
pharmaceutical grade NaF. Given that
the petition is based upon the premise
that the benefits of using
pharmaceutical grade NaF as a
fluoridation agent significantly exceed
the costs relative to the use of HFSA as
a fluoridation agent, EPA concludes that
petitioners have not set forth sufficient
facts to establish that HFSA presents or
will present an unreasonable risk of
injury to health or the environment with
respect to arsenic or that it is necessary
to initiate a TSCA section 6(a)
rulemaking to protect adequately against
such risk.
2. Lead. Petitioners assert that HFSA
contains lead but provided no data to
support this assertion. Petitioners also
assert that the use of HFSA in leadcontaining water piping systems results
in leaching of lead from lead-containing
water piping systems into water (Ref. 5),
and that when chloramine is used in
conjunction with silicofluorides greatly
enhanced leaching of lead into water
occurs (Ref. 3). However, multiple other
studies concluded that the fluoridation
of drinking water with HFSA has little
impact on corrosivity and/or release of
metals from plumbing materials (Refs.
10, 11, 12, and 13). For example, the
Centers for Disease Control and
Prevention (CDC) conducted a study of
the relationship between the additives
used for fluoridation (i.e., HFSA,
sodium silicofluoride, and sodium
fluoride) and blood lead concentrations
among a nationally representative
sample of >9,000 U.S. children, aged 1–
16 years (Ref. 10). The study analysis
did not offer support for the hypothesis
that silicofluorides in community water
systems increase blood lead
concentrations in children. Based on the
available evidence, EPA cannot
conclude that the use of HFSA, with or
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without the presence of chloramine,
results in enhanced leaching of lead.
Further, and as discussed in this unit,
as petitioners seeking that EPA initiate
a TSCA section 6 rulemaking banning
HFSA pursuant to TSCA section 21,
petitioners must provide facts that
establish it is necessary to issue a TSCA
section 6 rulemaking, including that
there is a reasonable basis to conclude
that the manufacture, processing,
distribution in commerce, use, or
disposal of a chemical substance or
mixture (in this case HFSA), or that any
combination of those activities, presents
or will present an unreasonable risk of
injury to health or the environment.
Here, petitioners have not provided
information specific to the costs and
benefits of using pharmaceutical grade
NaF as compared to HFSA with respect
to lead. In sum, with respect to concerns
about lead, petitioners have not
demonstrated that the use of HFSA
presents or will present an unreasonable
risk of injury to health or the
environment or that it is necessary to
initiate a TSCA section 6(a) rulemaking
to protect adequately against such risk.
3. TSCA section 9(b). TSCA section
9(b) directs EPA to take regulatory
action on a chemical substance or
mixture under other statutes
administered by the Agency if the EPA
Administrator determines that actions
under those statutes could eliminate or
reduce to a sufficient extent the risks
posed by the chemical substance or
mixture. If that is the case, the
regulation can be promulgated under
TSCA only if EPA determines that it is
in the ‘‘public interest’’ to protect
against that risk under TSCA rather than
the alternative authority. 15 U.S.C.
2608(b).
In 1974, Congress passed the Safe
Drinking Water Act (SDWA). That law
requires EPA to determine the level of
contaminants in drinking water at
which no adverse health effects are
likely to occur with an adequate margin
of safety. These non-enforceable health
goals, based solely on possible health
risks, are called maximum contaminant
level goals (MCLG). The MCLGs for both
arsenic and lead are zero. EPA has set
these levels based on the best available
science, which indicates there is no safe
level of exposure to arsenic or lead.
However, for most contaminants, EPA
sets an enforceable regulation called a
maximum contaminant level (MCL)
based on the MCLG. The MCLs are set
as close to the MCLGs as possible,
considering cost, benefits, and the
ability of public water systems to detect
and remove contaminants using suitable
treatment technologies.
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In 2001, EPA amended the arsenic
standard for drinking water, lowering it
to 0.010 parts per million (ppm) (10
ppb) to protect consumers served by
public water systems from the effects of
long-term, chronic exposure to arsenic
(Ref. 16). As part of that rulemaking,
EPA performed an extensive review—
including review by EPA’s Science
Advisory Board—of both the costs and
benefits to determine what the
appropriate achievable MCL should be.
The MCL established by EPA was one
that maximizes health risk reduction
benefits at a cost that is justified by the
benefits. 42 U.S.C. 300g–1(b)(6)(A). As a
result, EPA has already weighed costs,
benefits, and risk reduction relating to
arsenic in drinking water as part of its
rulemaking efforts under SDWA. The
petition provides no information that
would cause EPA to question the
conclusions reached in that rulemaking.
That rulemaking, as with other drinking
water standards under SDWA, is
reviewed every 6 years to determine
whether revisions are appropriate. 42
U.S.C. 300(g)–1(b)(9). EPA believes,
therefore, that the SDWA standardsetting process provides the most
appropriate regulatory authority to
eliminate or reduce to a sufficient extent
the health risks from arsenic in drinking
water systems.
While arsenic levels in HFSA are
higher than in pharmaceutical grade
NaF, the arsenic levels in drinking water
due to HFSA use presented in the costbenefit analysis submitted by petitioners
(at 0.078 ppb and 0.00084 ppb
respectively (Ref. 2)), are lower than the
arsenic MCL of 10 ppb. In addition,
these levels are also lower than the NSF
International/American National
Standards Institute Standard 60–2012
Drinking Water Treatment Chemicals—
Health Effects (NSF/ANSI 60–2012) for
drinking water treatment chemicals (i.e.,
single product allowable concentration
(SPAC)) of 1 ppb (Refs. 14 and 15).
When the Agency established the
arsenic MCL in 2001, the Agency noted
that the lung and bladder cancer risks at
the 10 ppb level were within the
Agency’s target risk range of 10¥4 to
10¥6 (Ref. 16). Therefore, the excess
cancer risk attributable to HFSA at the
0.078 ppb arsenic concentration (128
times lower than the arsenic 10 ppb
MCL) would be consistent with the
Agency’s acceptable excess lifetime
cancer risk range of 10¥4 to 10¥6.
NSF compiled data from initial and
annual monitoring tests for fluoridation
products that NSF certified to NSF/
ANSI 60 between 2007 and 2011 (216
samples) and between 2000 and 2006
(245 samples). Arsenic was detected in
50% of the 216 samples analyzed
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between 2007 and 2011. The mean
arsenic concentration was 0.15 ppb
(non-detects were estimated at 1⁄2 the
detection limit) and the maximum was
0.6 ppb. Arsenic was detected in 43%
of the 245 samples analyzed between
2000 and 2006. The mean arsenic
concentration was 0.12 ppb (non-detects
were estimated at 1⁄2 the detection limit)
and the maximum was 0.6 ppb. In both
sets of data, the mean and the maximum
values were less than the NSF/ANSI 60
SPAC of 1 ppb (Ref. 15). Fluoridation
additive dosing was at the highest
optimal level (i.e., 1.2 mg/L of fluoride).
At the newly proposed optimal fluoride
dosing of 0.7 mg/L (Ref. 17), the
concentration of arsenic would be
approximately 40% lower.
To address lead in drinking water,
EPA promulgated the Lead and Copper
Rule under SDWA in 1991 (Ref. 11) and
revised the regulation in 2000 and 2007
(see 40 CFR Parts 141 and 142) . The
rule is undergoing a longer-term
revision at this time. Because lead
contamination of drinking water often
results from corrosion of the plumbing
materials in the distribution system,
EPA established a treatment technique,
rather than an MCL, for lead. A
treatment technique is an enforceable
procedure or level of technological
performance that water systems must
follow to ensure control of a
contaminant. The regulation requires
systems to collect tap samples from sites
served by the system that are more
likely to have plumbing materials
containing lead. If more than 10% of tap
water samples exceed the lead action
level of 15 ppb, then water systems are
required to take additional actions to
control the corrosivity of the water
including:
• Taking further steps to optimize
their corrosion control treatment (for
water systems serving 50,000 people
that have not fully optimized their
corrosion control).
• Educating the public about lead in
drinking water and actions consumers
can take to reduce their exposure to
lead.
• Replacing the portions of lead
service lines (lines that connect
distribution mains to customers) under
the water system’s control.
In sum, EPA’s Lead and Copper Rule
under SDWA already directly addresses
lead leaching in drinking water
distribution systems and the rule is
subjected to periodic review and
revision to incorporate the latest
scientific studies. Like the arsenic rule
under SDWA, EPA’s requirements
under SDWA related to lead in drinking
water distribution systems already
address and balance risks, costs, and
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benefits, and, as with arsenic, the
petition provides no information that
would cause EPA to question the
current approach. EPA believes,
therefore, that the SDWA provides the
most appropriate authority (and in fact
has been used) to eliminate or reduce to
a sufficient extent the health risks
identified by petitioners as being
associated with HFSA when used as a
fluoridation agent.
4. Radionuclides. Although the
petitioners mention ‘‘concern’’ about
radionuclides, the petitioners present
limited information to support a claim
that HFSA presents or will present and
unreasonable risk with respect to
radionuclides. NSF compiled data from
initial and annual monitoring tests for
fluoridation products that NSF certified
to NSF/ANSI 60 between 2007 and 2011
(216 samples) and between 2000 and
2006 (245 samples). Alpha emitters
(type of radioactive decay in which an
atomic nucleus emits an alpha particle)
were detected in less than 1% of the 216
samples analyzed between 2007 and
2011. The mean (non-detects were
estimated at 1⁄2 the detection limit) and
maximum values were less than the
MCL of 15 picoCuries per liter (pCi/L)
and were less than the NSF/ANSI 60
SPAC of 1.5 pCi/L (Ref. 15). Beta photon
emitters (another type of radioactive
decay in which an atomic nucleus emits
a beta particle) also were detected in
less than 1% of the 216 samples
analyzed between 2007 and 2011. The
mean (non-detects were estimated at 1⁄2
the detection limit) and maximum
values were less than the MCL of 4
millirems per year (mrem/y) and were
less than the NSF/ANSI 60 SPAC of 0.4
mrem/y (Ref. 15). Radionuclides (alpha
or beta) were not detected in any (0%)
of the 245 samples analyzed between
2000 and 2006 (Ref. 11). The
concentrations reported represent
contaminant levels expected when the
fluoridation products are dosed into
water at the allowable maximum use
levels for NSF/ANSI 60–2012 (see Refs.
14 and 15). NSF notes that lower
product use levels would produce
proportionately lower contaminant
concentrations.
Thus, the petition has failed to
present facts that establish that HFSA
presents or will present an unreasonable
risk of injury to health or the
environment with respect to
radionuclides, or that it is necessary to
issue a TSCA section 6 rulemaking to
protect health and the environment
from such risk.
For the reasons set forth in this
document, EPA denied the TSCA
section 21 petition.
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V. References
As indicated under ADDRESSES, a
docket has been established for this
document under docket ID number
EPA–HQ–OPPT–2013–0443. The
following is a listing of the documents
that are specifically referenced in this
action. The docket includes these
documents and other information
considered by EPA, including
documents that are referenced within
the documents that are included in the
docket, even if the referenced document
is not physically located in the docket.
For assistance in locating these other
documents, please consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
1. American University students, alumni, and
faculty. Letter from J. William Hirzy to EPA
Acting Administrator Robert Perciasepe,
‘‘Re: Citizen Petition Under Toxic
Substances Control Act Regarding the
Hydrofluorosilicic Acid (HFSA) in
Drinking Water.’’ May 9, 2013.
2. Hirzy, J.W.; Carton, R.J.; Bonanni, C.D.;
Montanero, C.M.; and Nagle, M.F.
Comparison of hydrofluorosilicic acid and
pharmaceutical sodium fluoride as
fluoridating agents—a cost-benefit analysis.
Environmental Science & Policy. Vol. 29,
pp. 81–86. 2013.
3. Maas, R.P.; Patch, S.C.; Christian, A–M.;
and Coplan, M.J. Effects of fluoridation and
disinfection agent combinations on lead
leaching from leaded-brass part.
Neurotoxicology. Vol. 28, pp. 1023–1031.
2007.
4. Coplan, M.J.; Patch, S.C., Masters, R.D; and
Bachman, M.S. Confirmation of and
explanations for elevated blood lead and
other disorders in children exposed to
water disinfection and fluoridation
chemicals. Neurotoxicology. Vol. 28, pp.
1032–1042. 2007.
5. Edwards, M.; Triantafyllidou, S.; and Best,
D. Elevated blood lead in young children
due to contaminated drinking water:
Washington, DC 2001–2004.
Environmental Science & Technology. Vol.
43, pp. 1618–1623. 2007.
6. Masters, R.D. and Coplan, M.J. Water
treatment with silicofluorides and lead
toxicity. International Journal of
Environmental Studies. Vol. 56, pp. 435–
449. 1999.
7. Masters, R.D.; Coplan, M.J.; Hone, B.T.;
and Dykes, J.E. Association of
silicofluoride treated water with elevated
blood lead. Neurotoxicology. Vol. 21, pp.
1091–1099. 2000.
8. Stein, M.; Starinsky, A.; and Kolodny, Y.
Behaviour of uranium during phosphate
ore calcination. Journal of Chemical
Technology and Biotechnology. Vol. 32,
pp. 834–847. 1982.
9. EPA. EPA Correction of the ‘‘Comparison
of hydrofluorosilicic acid and
pharmaceutical sodium fluoride as
fluoridating agents—a cost-benefit
analysis’’ by Hirzy et al. 2013.
10. Macek, M.D.; Matte, T.D.; Sinks, T.; and
Malvitz, D.M. Blood lead concentrations in
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children and method of water fluoridation
in the United States, 1988–1994.
Environmental Health Perspectives. Vol.
114, pp. 130–134. 2006.
11. EPA. Drinking Water Regulations,
Maximum Contaminant Level Goals and
National Primary Drinking Water
Regulations for Lead and Copper; Final
Rule. Federal Register (56 FR 26460, June
7, 1991).
12. American Water Works Association
(AWWA). Water Fluoridation Principles
and Practices. AWWA Manual M4. Fifth
Ed. Denver: AWWA. 2004.
13. Urbansky, E.T. and Schock, M. R. Can
fluoridation affect lead (II) in potable
water? Hexafluorosilicate and fluoride
equilibria in aqueous solution.
International Journal Environmental
Studies. Vol. 57, pp. 597–637.
14. NSF International. June 7, 2013.
Available at https://www.nsf.org/business/
standards_and_publications.
15. NSF International. NSF Fact Sheet on
Fluoridation Products. June 7, 2013.
Available at https://www.nsf.org/business/
water_distribution/pdf/
NSF_Fact_Sheet_flouride.pdf.
16. EPA. National Primary Drinking Water
Regulation; Arsenic and Clarifications to
Compliance and New Source Contaminants
Monitoring; Final Rule. Federal Register
(66 FR 6976, January 22, 2001).
17. Health and Human Services Department
(HHS). Proposed HHS Recommendation for
Fluoride Concentration in Drinking Water
for Prevention of Dental Caries; Notice.
Federal Register (76 FR 2383, January 13,
2011).
List of Subjects in 40 CFR Chapter I
Environmental protection,
Hydrofluorosilicic acid (HFSA),
Drinking water, Toxic Substances
Control Act (TSCA).
Dated: August 6, 2013.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2013–19486 Filed 8–9–13; 8:45 am]
BILLING CODE 6560–50–P
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Private Attorney Involvement
Legal Services Corporation.
Revised notice of rulemaking
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and expressions of interest in
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AGENCY:
ACTION:
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E:\FR\FM\12AUP1.SGM
12AUP1
Agencies
[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48845-48848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19486]
[[Page 48845]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[EPA-HQ-OPPT-2013-0443; FRL-9395-3]
Hydrofluorosilicic Acid in Drinking Water; TSCA Section 21
Petition; Reasons for Agency Response
AGENCY: Environmental Protection Agency (EPA).
ACTION: Petition; reasons for Agency response.
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SUMMARY: This document announces the availability of EPA's response to
a petition received by EPA under the Toxic Substances Control Act
(TSCA). The TSCA section 21 petition, dated May 9, 2013, was submitted
by American University students, alumni, and faculty. The petitioners
requested EPA to take action to prohibit the use of hydrofluorosilicic
acid (HFSA) as a water fluoridation agent. After careful consideration,
EPA denied the TSCA section 21 petition for the reasons discussed in
this document.
DATES: EPA's response to this TSCA section 21 petition was signed
August 6, 2013.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Toni Krasnic, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-0984; fax number: (202) 564-4775; email address:
krasnic.toni@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public in general. Operators and
customers of public water systems may have particular interest in this
action. This action also might be of interest to those persons who
manufacture (including import) or process HFSA or other fluoridation
agents.
B. How can I access information about this petition?
The docket for this TSCA section 21 petition, identified by docket
identification (ID) number EPA-HQ-OPPT-2013-0443, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The 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. Please review the visitor
instructions and additional information about the docket available at
https://www.epa.gov/dockets.
II. TSCA Section 21
A. What is a TSCA Section 21 Petition?
Under TSCA section 21 (15 U.S.C. 2620), any person can petition EPA
to initiate a rulemaking 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 that it is necessary to take the
requested action. EPA must 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.
15 U.S.C. 2620(b)(3). 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 the expiration of the
90-day period. 15 U.S.C. 2620(b)(4).
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 has
relied on the standards in TSCA section 21 and in the provision under
which the action has been requested to evaluate this TSCA section 21
petition.
Of particular relevance here is the legal standard regarding TSCA
section 6 rules. In order to promulgate a rule under TSCA section 6,
the EPA Administrator must find that ``there is a reasonable basis to
conclude that the manufacture, processing, distribution in commerce,
use, or disposal of a chemical substance or mixture . . . presents or
will present an unreasonable risk.'' 15 U.S.C. 2605(a). This finding
cannot be made considering risk alone. Under TSCA section 6, a finding
of ``unreasonable risk'' requires the consideration of costs and
benefits. Specifically, in promulgating any rule under TSCA section
6(a), the statute (15 U.S.C. 2605(c)(1)) requires that the EPA
Administrator consider:
The effects of such chemical substance or mixture on
health and the magnitude of the exposure of human beings to such
chemical substance or mixture.
The effects of such chemical substance or mixture on the
environment and the magnitude of the exposure of the environment to
such chemical substance or mixture.
The benefits of such chemical substance or mixture for
various uses and the availability of substitutes for such uses.
The reasonably ascertainable economic consequences of the
rule, after consideration of the effect on the national economy, small
business, technological innovation, the environment, and public health.
Furthermore, the control measure adopted is to be the ``least
burdensome requirement'' that adequately protects against the
unreasonable risk. 15 U.S.C. 2605(a).
In addition, TSCA section 21(b)(4)(B) provides the standard for
judicial review should EPA deny a request for rulemaking under TSCA
section 6(a): ``If the petitioner demonstrates to the satisfaction of
the court by a preponderance of the evidence that . . . there is a
reasonable basis to conclude that the issuance of such a rule . . . is
necessary to protect health or the environment against an unreasonable
risk of injury,'' the court shall order the EPA Administrator to
initiate the requested action. 15 U.S.C. 2620(b)(4)(B).
Finally, TSCA section 9(b) directs EPA to take regulatory action on
a chemical substance or mixture under other statutes administered by
the Agency if the EPA Administrator determines that actions under those
statutes could eliminate or reduce to a sufficient extent the risks
posed by the chemical substance or mixture. If this is the case, the
regulation can be promulgated under TSCA only if the EPA determines
that it is in the ``public interest'' to protect against that risk
under TSCA rather than the alternative authority. 15 U.S.C. 2608(b).
[[Page 48846]]
III. Summary of the TSCA Section 21 Petition
A. What action was requested?
In the petition, dated May 9, 2013, American University students,
alumni, and faculty seek to have EPA take action under TSCA section 6
to prohibit the use of HFSA as a water fluoridation agent (Ref. 1).
B. What support do the petitioners offer?
The petitioners claim that HFSA leads to the contamination of
drinking water with arsenic, lead, and radionuclides. In addition, the
petitioners claim that an existing alternative source of fluoride for
water fluoridation, pharmaceutical grade sodium fluoride (NaF), would
not contribute to drinking water levels of arsenic, lead, or
radionuclides comparable to those in HFSA. The following is a summary
of major claims by the petitioners:
1. Arsenic. Petitioners claim that an alternate source of fluoride,
pharmaceutical grade NaF, delivers at least 100-fold lower levels of
arsenic than does HFSA when water authorities choose to adjust their
water supply to contain about 0.7 milligram per liter (mg/L) of
fluoride. The petitioners cite an analysis that purports to show that
for typical levels of arsenic in HFSA and pharmaceutical grade NaF, use
of pharmaceutical grade NaF as a fluoridation agent produces about 100-
fold fewer lung and bladder cancer cases than HFSA (3.4 versus 320
cases) (Ref. 2). That analysis also purports to show that use of
typical pharmaceutical grade NaF, rather than HFSA (delivering an
average level of arsenic as determined by National Sanitation
Foundation (NSF) tests), results in over 500-fold fewer lung and
bladder cancer cases (3.4 versus 1,800 cases). Based on this analysis,
the petitioners assert that the net cost to the citizens of the United
States of using HFSA is at least $1,011 million (M) to $6,191M more per
year than using the pharmaceutical grade NaF (Ref. 2; see Tables 1-3,
case 1 and case 4).
2. Lead. Petitioners claim that HFSA contains lead and that the use
of HFSA results in leaching of lead from lead-containing water piping
systems into water. The petitioners also claim that when chloramine is
used in conjunction with silicofluorides (chemical substances composed
of silicon and fluorine), such as HFSA, enhanced leaching of lead into
water occurs (Refs. 3, 4, and 5). Petitioners further claim that when
pharmaceutical grade NaF is used as the fluoridating agent, rather than
HFSA, leaching of lead is greatly reduced or eliminated altogether. The
petitioners assert children drinking water fluoridated with
silicofluorides are at increased risk of having elevated blood lead
levels (Refs. 6 and 7).
3. Radionuclides. Petitioners also expressed concerns about
radionuclides impurities in HFSA and increased risk of cancer as a
common concern for all radionuclides (Refs. 1 and 8).
IV. Disposition of TSCA Section 21 Petition
A. What is EPA's response?
After careful consideration, EPA denied the TSCA section 21
petition primarily because EPA concluded that petitioners have not set
forth sufficient facts to establish that HFSA presents or will present
an unreasonable risk and that it is necessary to initiate a TSCA
section 6(a) rulemaking to protect adequately against such risk. A copy
of the Agency's response, which consists of a letter to the
petitioners, is available in the docket for this TSCA section 21
petition.
B. What is EPA's reason for this response?
For the purpose of making its decision, EPA evaluated the
information presented or referenced in the petition as well as the
Agency's authority and requirements under TSCA sections 6, 9, and 21.
After careful consideration, EPA denied the TSCA section 21 petition
because the evidence presented by the petitioners does not adequately
support a conclusion that HFSA, when used as a fluoridation agent,
presents or will present an unreasonable risk to health or the
environment and that a TSCA section 6 rulemaking is necessary to
protect adequately against such risk. More specifically:
1. Arsenic. EPA evaluated the cost-benefit analysis submitted by
the petitioners and determined that the petitioners miscalculated net
benefits for pharmaceutical grade NaF compared to HFSA. Specifically,
it appears that the petitioners failed to convert their estimates of
lifetime cancer risk to estimates of annual cancer risk for the purpose
of calculating annual net benefits. This error alone results in a 70-
fold overestimation of the number of annual cancer cases due to
arsenic. That is, for the analysis in which the petitioners evaluate
arsenic concentrations of 0.078 parts per billion (ppb) due to HFSA and
0.00084 ppb due to pharmaceutical grade NaF, the estimated numbers of
cancer cases, when corrected, decrease from 320 to 4.6 per year for
HFSA and from 3.4 to 0.05 per year for pharmaceutical grade NaF (Refs.
2 and 9). Similarly, for the analysis in which the petitioners evaluate
an arsenic concentration of 0.43 ppb due to HFSA and 0.00084 due to
pharmaceutical grade NaF, the estimated numbers of cancer cases, when
corrected, decrease from 1,800 to 25 per year for HFSA and from 3.4 to
0.05 per year for pharmaceutical grade NaF (Refs. 2 and 9). After
making the correction (i.e., annualizing the lifetime cancer risk), and
retaining all other assumptions of the petitioners analysis, the
analysis actually indicates that the cost-benefit ratio is in favor of
using HFSA over pharmaceutical grade NaF (-$81M/year to -$8M/year,
respectively) rather than pharmaceutical grade NaF over HFSA (Ref. 9).
As a result, the information submitted by petitioners does not support
the petitioners' claim that there are net benefits in switching from
HFSA to pharmaceutical grade NaF. Given that the petition is based upon
the premise that the benefits of using pharmaceutical grade NaF as a
fluoridation agent significantly exceed the costs relative to the use
of HFSA as a fluoridation agent, EPA concludes that petitioners have
not set forth sufficient facts to establish that HFSA presents or will
present an unreasonable risk of injury to health or the environment
with respect to arsenic or that it is necessary to initiate a TSCA
section 6(a) rulemaking to protect adequately against such risk.
2. Lead. Petitioners assert that HFSA contains lead but provided no
data to support this assertion. Petitioners also assert that the use of
HFSA in lead-containing water piping systems results in leaching of
lead from lead-containing water piping systems into water (Ref. 5), and
that when chloramine is used in conjunction with silicofluorides
greatly enhanced leaching of lead into water occurs (Ref. 3). However,
multiple other studies concluded that the fluoridation of drinking
water with HFSA has little impact on corrosivity and/or release of
metals from plumbing materials (Refs. 10, 11, 12, and 13). For example,
the Centers for Disease Control and Prevention (CDC) conducted a study
of the relationship between the additives used for fluoridation (i.e.,
HFSA, sodium silicofluoride, and sodium fluoride) and blood lead
concentrations among a nationally representative sample of >9,000 U.S.
children, aged 1-16 years (Ref. 10). The study analysis did not offer
support for the hypothesis that silicofluorides in community water
systems increase blood lead concentrations in children. Based on the
available evidence, EPA cannot conclude that the use of HFSA, with or
[[Page 48847]]
without the presence of chloramine, results in enhanced leaching of
lead.
Further, and as discussed in this unit, as petitioners seeking that
EPA initiate a TSCA section 6 rulemaking banning HFSA pursuant to TSCA
section 21, petitioners must provide facts that establish it is
necessary to issue a TSCA section 6 rulemaking, including that there is
a reasonable basis to conclude that the manufacture, processing,
distribution in commerce, use, or disposal of a chemical substance or
mixture (in this case HFSA), or that any combination of those
activities, presents or will present an unreasonable risk of injury to
health or the environment. Here, petitioners have not provided
information specific to the costs and benefits of using pharmaceutical
grade NaF as compared to HFSA with respect to lead. In sum, with
respect to concerns about lead, petitioners have not demonstrated that
the use of HFSA presents or will present an unreasonable risk of injury
to health or the environment or that it is necessary to initiate a TSCA
section 6(a) rulemaking to protect adequately against such risk.
3. TSCA section 9(b). TSCA section 9(b) directs EPA to take
regulatory action on a chemical substance or mixture under other
statutes administered by the Agency if the EPA Administrator determines
that actions under those statutes could eliminate or reduce to a
sufficient extent the risks posed by the chemical substance or mixture.
If that is the case, the regulation can be promulgated under TSCA only
if EPA determines that it is in the ``public interest'' to protect
against that risk under TSCA rather than the alternative authority. 15
U.S.C. 2608(b).
In 1974, Congress passed the Safe Drinking Water Act (SDWA). That
law requires EPA to determine the level of contaminants in drinking
water at which no adverse health effects are likely to occur with an
adequate margin of safety. These non-enforceable health goals, based
solely on possible health risks, are called maximum contaminant level
goals (MCLG). The MCLGs for both arsenic and lead are zero. EPA has set
these levels based on the best available science, which indicates there
is no safe level of exposure to arsenic or lead. However, for most
contaminants, EPA sets an enforceable regulation called a maximum
contaminant level (MCL) based on the MCLG. The MCLs are set as close to
the MCLGs as possible, considering cost, benefits, and the ability of
public water systems to detect and remove contaminants using suitable
treatment technologies.
In 2001, EPA amended the arsenic standard for drinking water,
lowering it to 0.010 parts per million (ppm) (10 ppb) to protect
consumers served by public water systems from the effects of long-term,
chronic exposure to arsenic (Ref. 16). As part of that rulemaking, EPA
performed an extensive review--including review by EPA's Science
Advisory Board--of both the costs and benefits to determine what the
appropriate achievable MCL should be. The MCL established by EPA was
one that maximizes health risk reduction benefits at a cost that is
justified by the benefits. 42 U.S.C. 300g-1(b)(6)(A). As a result, EPA
has already weighed costs, benefits, and risk reduction relating to
arsenic in drinking water as part of its rulemaking efforts under SDWA.
The petition provides no information that would cause EPA to question
the conclusions reached in that rulemaking. That rulemaking, as with
other drinking water standards under SDWA, is reviewed every 6 years to
determine whether revisions are appropriate. 42 U.S.C. 300(g)-1(b)(9).
EPA believes, therefore, that the SDWA standard-setting process
provides the most appropriate regulatory authority to eliminate or
reduce to a sufficient extent the health risks from arsenic in drinking
water systems.
While arsenic levels in HFSA are higher than in pharmaceutical
grade NaF, the arsenic levels in drinking water due to HFSA use
presented in the cost-benefit analysis submitted by petitioners (at
0.078 ppb and 0.00084 ppb respectively (Ref. 2)), are lower than the
arsenic MCL of 10 ppb. In addition, these levels are also lower than
the NSF International/American National Standards Institute Standard
60-2012 Drinking Water Treatment Chemicals--Health Effects (NSF/ANSI
60-2012) for drinking water treatment chemicals (i.e., single product
allowable concentration (SPAC)) of 1 ppb (Refs. 14 and 15). When the
Agency established the arsenic MCL in 2001, the Agency noted that the
lung and bladder cancer risks at the 10 ppb level were within the
Agency's target risk range of 10-4 to 10-6 (Ref.
16). Therefore, the excess cancer risk attributable to HFSA at the
0.078 ppb arsenic concentration (128 times lower than the arsenic 10
ppb MCL) would be consistent with the Agency's acceptable excess
lifetime cancer risk range of 10-4 to 10-6.
NSF compiled data from initial and annual monitoring tests for
fluoridation products that NSF certified to NSF/ANSI 60 between 2007
and 2011 (216 samples) and between 2000 and 2006 (245 samples). Arsenic
was detected in 50% of the 216 samples analyzed between 2007 and 2011.
The mean arsenic concentration was 0.15 ppb (non-detects were estimated
at \1/2\ the detection limit) and the maximum was 0.6 ppb. Arsenic was
detected in 43% of the 245 samples analyzed between 2000 and 2006. The
mean arsenic concentration was 0.12 ppb (non-detects were estimated at
\1/2\ the detection limit) and the maximum was 0.6 ppb. In both sets of
data, the mean and the maximum values were less than the NSF/ANSI 60
SPAC of 1 ppb (Ref. 15). Fluoridation additive dosing was at the
highest optimal level (i.e., 1.2 mg/L of fluoride). At the newly
proposed optimal fluoride dosing of 0.7 mg/L (Ref. 17), the
concentration of arsenic would be approximately 40% lower.
To address lead in drinking water, EPA promulgated the Lead and
Copper Rule under SDWA in 1991 (Ref. 11) and revised the regulation in
2000 and 2007 (see 40 CFR Parts 141 and 142) . The rule is undergoing a
longer-term revision at this time. Because lead contamination of
drinking water often results from corrosion of the plumbing materials
in the distribution system, EPA established a treatment technique,
rather than an MCL, for lead. A treatment technique is an enforceable
procedure or level of technological performance that water systems must
follow to ensure control of a contaminant. The regulation requires
systems to collect tap samples from sites served by the system that are
more likely to have plumbing materials containing lead. If more than
10% of tap water samples exceed the lead action level of 15 ppb, then
water systems are required to take additional actions to control the
corrosivity of the water including:
Taking further steps to optimize their corrosion control
treatment (for water systems serving 50,000 people that have not fully
optimized their corrosion control).
Educating the public about lead in drinking water and
actions consumers can take to reduce their exposure to lead.
Replacing the portions of lead service lines (lines that
connect distribution mains to customers) under the water system's
control.
In sum, EPA's Lead and Copper Rule under SDWA already directly
addresses lead leaching in drinking water distribution systems and the
rule is subjected to periodic review and revision to incorporate the
latest scientific studies. Like the arsenic rule under SDWA, EPA's
requirements under SDWA related to lead in drinking water distribution
systems already address and balance risks, costs, and
[[Page 48848]]
benefits, and, as with arsenic, the petition provides no information
that would cause EPA to question the current approach. EPA believes,
therefore, that the SDWA provides the most appropriate authority (and
in fact has been used) to eliminate or reduce to a sufficient extent
the health risks identified by petitioners as being associated with
HFSA when used as a fluoridation agent.
4. Radionuclides. Although the petitioners mention ``concern''
about radionuclides, the petitioners present limited information to
support a claim that HFSA presents or will present and unreasonable
risk with respect to radionuclides. NSF compiled data from initial and
annual monitoring tests for fluoridation products that NSF certified to
NSF/ANSI 60 between 2007 and 2011 (216 samples) and between 2000 and
2006 (245 samples). Alpha emitters (type of radioactive decay in which
an atomic nucleus emits an alpha particle) were detected in less than
1% of the 216 samples analyzed between 2007 and 2011. The mean (non-
detects were estimated at \1/2\ the detection limit) and maximum values
were less than the MCL of 15 picoCuries per liter (pCi/L) and were less
than the NSF/ANSI 60 SPAC of 1.5 pCi/L (Ref. 15). Beta photon emitters
(another type of radioactive decay in which an atomic nucleus emits a
beta particle) also were detected in less than 1% of the 216 samples
analyzed between 2007 and 2011. The mean (non-detects were estimated at
\1/2\ the detection limit) and maximum values were less than the MCL of
4 millirems per year (mrem/y) and were less than the NSF/ANSI 60 SPAC
of 0.4 mrem/y (Ref. 15). Radionuclides (alpha or beta) were not
detected in any (0%) of the 245 samples analyzed between 2000 and 2006
(Ref. 11). The concentrations reported represent contaminant levels
expected when the fluoridation products are dosed into water at the
allowable maximum use levels for NSF/ANSI 60-2012 (see Refs. 14 and
15). NSF notes that lower product use levels would produce
proportionately lower contaminant concentrations.
Thus, the petition has failed to present facts that establish that
HFSA presents or will present an unreasonable risk of injury to health
or the environment with respect to radionuclides, or that it is
necessary to issue a TSCA section 6 rulemaking to protect health and
the environment from such risk.
For the reasons set forth in this document, EPA denied the TSCA
section 21 petition.
V. References
As indicated under ADDRESSES, a docket has been established for
this document under docket ID number EPA-HQ-OPPT-2013-0443. The
following is a listing of the documents that are specifically
referenced in this action. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. American University students, alumni, and faculty. Letter from J.
William Hirzy to EPA Acting Administrator Robert Perciasepe, ``Re:
Citizen Petition Under Toxic Substances Control Act Regarding the
Hydrofluorosilicic Acid (HFSA) in Drinking Water.'' May 9, 2013.
2. Hirzy, J.W.; Carton, R.J.; Bonanni, C.D.; Montanero, C.M.; and
Nagle, M.F. Comparison of hydrofluorosilicic acid and pharmaceutical
sodium fluoride as fluoridating agents--a cost-benefit analysis.
Environmental Science & Policy. Vol. 29, pp. 81-86. 2013.
3. Maas, R.P.; Patch, S.C.; Christian, A-M.; and Coplan, M.J.
Effects of fluoridation and disinfection agent combinations on lead
leaching from leaded-brass part. Neurotoxicology. Vol. 28, pp. 1023-
1031. 2007.
4. Coplan, M.J.; Patch, S.C., Masters, R.D; and Bachman, M.S.
Confirmation of and explanations for elevated blood lead and other
disorders in children exposed to water disinfection and fluoridation
chemicals. Neurotoxicology. Vol. 28, pp. 1032-1042. 2007.
5. Edwards, M.; Triantafyllidou, S.; and Best, D. Elevated blood
lead in young children due to contaminated drinking water:
Washington, DC 2001-2004. Environmental Science & Technology. Vol.
43, pp. 1618-1623. 2007.
6. Masters, R.D. and Coplan, M.J. Water treatment with
silicofluorides and lead toxicity. International Journal of
Environmental Studies. Vol. 56, pp. 435-449. 1999.
7. Masters, R.D.; Coplan, M.J.; Hone, B.T.; and Dykes, J.E.
Association of silicofluoride treated water with elevated blood
lead. Neurotoxicology. Vol. 21, pp. 1091-1099. 2000.
8. Stein, M.; Starinsky, A.; and Kolodny, Y. Behaviour of uranium
during phosphate ore calcination. Journal of Chemical Technology and
Biotechnology. Vol. 32, pp. 834-847. 1982.
9. EPA. EPA Correction of the ``Comparison of hydrofluorosilicic
acid and pharmaceutical sodium fluoride as fluoridating agents--a
cost-benefit analysis'' by Hirzy et al. 2013.
10. Macek, M.D.; Matte, T.D.; Sinks, T.; and Malvitz, D.M. Blood
lead concentrations in children and method of water fluoridation in
the United States, 1988-1994. Environmental Health Perspectives.
Vol. 114, pp. 130-134. 2006.
11. EPA. Drinking Water Regulations, Maximum Contaminant Level Goals
and National Primary Drinking Water Regulations for Lead and Copper;
Final Rule. Federal Register (56 FR 26460, June 7, 1991).
12. American Water Works Association (AWWA). Water Fluoridation
Principles and Practices. AWWA Manual M4. Fifth Ed. Denver: AWWA.
2004.
13. Urbansky, E.T. and Schock, M. R. Can fluoridation affect lead
(II) in potable water? Hexafluorosilicate and fluoride equilibria in
aqueous solution. International Journal Environmental Studies. Vol.
57, pp. 597-637.
14. NSF International. June 7, 2013. Available at https://www.nsf.org/business/standards_and_publications.
15. NSF International. NSF Fact Sheet on Fluoridation Products. June
7, 2013. Available at https://www.nsf.org/business/water_distribution/pdf/NSF_Fact_Sheet_flouride.pdf.
16. EPA. National Primary Drinking Water Regulation; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring;
Final Rule. Federal Register (66 FR 6976, January 22, 2001).
17. Health and Human Services Department (HHS). Proposed HHS
Recommendation for Fluoride Concentration in Drinking Water for
Prevention of Dental Caries; Notice. Federal Register (76 FR 2383,
January 13, 2011).
List of Subjects in 40 CFR Chapter I
Environmental protection, Hydrofluorosilicic acid (HFSA), Drinking
water, Toxic Substances Control Act (TSCA).
Dated: August 6, 2013.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-19486 Filed 8-9-13; 8:45 am]
BILLING CODE 6560-50-P