[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1614]
[[Page Unknown]]
[Federal Register: January 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211035; FRL-4756-5]
TSCA Section 21 Petition; Notice of Receipt
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the receipt of a petition submitted by
the Board of Supervisors of the County of Imperial, California, under
section 21 of the Toxic Substances Control Act (TSCA) and requests
comments on the petition. The petition asks EPA to issue a test rule
under section 4 of TSCA to require monitoring of the New River for
chemical pollutants and subsequent health and environmental effects
testing of the identified chemicals, among other requested actions. The
New River flows north from Mexico, through Mexicali, into Imperial
County, California. Under section 21, EPA must respond to the petition
by March 16, 1994.
DATES: To be of greatest use to EPA in responding to the petition,
comments should be received on or before February 14, 1994. However,
the Agency will accept comments received after that date.
ADDRESSES: Persons wishing to provide comments to the Agency should
submit them to: TSCA Document Receipt Office (7407), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, Rm.
E-G99, 401 M St., SW., Washington, DC 20460. If possible, please submit
any comments on a DOS ASCI file.
FOR FURTHER INFORMATION CONTACT: Michelle Price, Environmental
Assistance Division (7408), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, Rm. EB-67, 401 M St., SW., Washington,
DC 20460, (202) 260-3790.
SUPPLEMENTARY INFORMATION: On December 16, 1993, EPA received a
petition under section 21 of TSCA from the Board of Supervisors of the
County of Imperial, California. Section 21 of TSCA allows citizens to
petition EPA to issue, amend, or repeal rules under section 4, 5, or 6
of TSCA. EPA must respond to the petition within 90 days of receipt. If
the Agency grants the petition, it must promptly commence an
appropriate proceeding. If EPA denies the petition, it must publish in
the Federal Register the reasons for the denial. If EPA denies, or
fails to respond to the petition within 90 days, the petitioner may
commence action in a United States (U.S.) district court to compel the
Agency to initiate the rulemaking requested in the petition.
The petition raises a number of issues for EPA including legal,
policy, and environmental justice issues. For example, the petitioner
asks EPA to find that discharges of a chemical into a river in a
foreign country, where that chemical subsequently reaches the U.S.
border, in the river constitutes import into the U.S. under TSCA. Also,
the scope of the action requested by the petitioner involves monitoring
a river for the presence of chemicals. Conducting a testing program
directed toward environmental monitoring is a somewhat different role
for the TSCA testing program, which is usually focused on health or
environmental effects testing. A related issue is who would be required
to conduct such testing under TSCA section 4.
EPA has initiated its review and evaluation process for this
petition. EPA is evaluating the petitioner's request, and is also
gathering and reviewing additional available materials, in order to
determine what action is appropriate in response to the petition. In
addition to either granting or denying the petition, EPA may determine
to take additional actions under TSCA or otherwise to address the
concerns raised by the petitioner.
Persons commenting are encouraged to provide EPA with information
regarding the nature of possible contamination of the New River,
including available monitoring data or other information which might
assist EPA in characterizing possible pesticide or industrial chemical
pollution. Commenters are also encouraged to provide their views
regarding the petitioner's description of the problem, the remedies
sought by the petitioner, and the legal arguments put forth by the
petitioner. Persons who possess information they believe could be
useful to the Agency in responding to this petition are encouraged to
submit the information promptly.
In addition to the request for action under section 21 of TSCA, the
petitioner states that the poor and predominantly Hispanic citizens of
Imperial County who live and work along the New River, as a matter of
environmental equity, are entitled to the same rigorous enforcement of
environmental laws regarding water quality as citizens in other areas
of the United States. The petitioner also requests that EPA use the
additional forum provided by the North American Free Trade Agreement
(NAFTA) to separately raise the need for a solution to the New River
with Mexican officials.
EPA has established a public record for this section 21 petition
(Docket Number 211035). This record includes a copy of the petition and
all supplementary information submitted to the Agency by the
petitioner. The Agency will include all comments and information
received in response to this notice, as well as other relevant
material. The record is available for inspection from 12 noon to 4
p.m., Monday through Friday, except legal holidays, in the TSCA NCIC,
Rm E-G102, 401 M St., SW., Washington, DC 20460.
List of Subjects
Environmental protection.
Dated: January 19, 1994.
Mark A. Greenwood,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 94-1614 Filed 1-25-94; 8:45 am]
BILLING CODE 6560-50-F
