[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Pages 30538-30539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14204]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-211042; FRL-4960-4]
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 24
organizations under section 21 of the Toxic Substances Control Act
(TSCA), and requests comments on the petition. The petition asks EPA to
issue a rule under section 6 of TSCA, requiring cement manufacturers
who burn hazardous wastes as fuel in their kilns to label their product
with a notice to that effect. The requested label would: (1) Note that
the cement had been made while burning hazardous waste; (2) state that
the product contained residuals of that waste, including increased
amounts of toxic and carcinogenic metals; and (3) caution users to
avoid emitting or breathing dust from the product, and to avoid direct
contact. Under TSCA section 21, the Agency must respond by July 18,
1995.
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, Attention: Docket Number
OPPTS-211042. A public version of the record is available in the TSCA
Nonconfidential Information Center (NCIC), from noon to 4 p.m., Monday
though Friday, except legal holidays. The TSCA NCIC is located in Rm.
NE-B607, Northeast Mall, 401 M St., SW., Washington, DC 20460.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: ncic@epamail.epa.gov. Electronic comments
must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number ``OPPTS-211042.'' No Confidential Business
Information (CBI) should be submitted through e-mail. Electronic
comments on this notice may be filed online at many Federal Depository
Libraries. Additional information on electronic submissions can be
found in the SUPPLEMENTARY INFORMATION unit of this document.
DATES: To be of greatest use to EPA in responding to the petition,
comments should be received on or before June 23, 1995. However, the
Agency will accept comments received after that date.
FOR FURTHER INFORMATION CONTACT: Edward M. Brooks, Chemical Control
Division (7405), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, Rm. E-201C, 401 M St., SW.,
Washington, DC 20460, Telephone: (202) 260-3754, e-mail:
brooks.edward@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: On April 19, 1995, EPA received a petition
under section 21 of TSCA from 24 organizations located in 10 States.
Section 21 of TSCA allows citizens to petition EPA to initiate a
proceeding for the issuance, amendment, or repeal of a rule under
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A section
21 petition must set forth facts which the petitioner believes
establish the need for the action requested. EPA is required to grant
or deny the petition within 90 days. 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, petitioners may commence a
civil action in a U.S. district court to compel initiation of the
requested rulemaking. When reviewing a petition for a new rule, as in
this case, the court must provide an opportunity for de novo review of
the petition. After hearing the evidence, the court can order EPA to
initiate the requested action.
Petitioners' request for a mandatory labeling rule under section 6
of TSCA is based upon assertions that burning hazardous waste fuel in
cement kilns concentrates toxic metals in cement and cement products to
levels at which they pose an unreasonable risk to human health and the
environment. EPA has commenced a review and evaluation of this
petition. Anyone with relevant information or interest may submit
comments on the petition or on other information in the docket. The
Agency will be considering the following issues:
1. Whether or not--and, if so, the extent to which burning
hazardous waste fuel in cement kilns elevates concentrations of toxic
metals in cement distributed in commerce.
2. The contribution that burning hazardous waste fuel makes to
concentrations of toxic metals in cement relative to other factors such
as (a) concentrations in the original feedstock, (b) recycling of
cement kiln dust (with or without using hazardous waste fuel), and (c)
operating equipment and practices.
3. High-end and typical concentrations of toxic metals found in
cement produced by facilities that do and do not use hazardous waste
fuel.
4. The major source of variations in these concentrations from one
facility to another.
5. The populations at greatest risk.
6. The adverse effects most likely to be experienced by these
populations.
7. The concentrations of toxic metals in cement at which those
effects are likely to occur.
8. Value added by the proposed label to labeling currently required
under the Occupational Safety and Health Administration's Hazard
Communication regulations.
A record has been established for this section 21 petition under
docket number ``OPPTS-211042'' (including comments and data submitted
electronically as described below). The record includes a copy of the
petition and 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. A public version of this record, including printed, paper
versions of electronic comments, which does not include any information
claimed as CBI, is available for inspection from noon to 4 p.m., Monday
through Friday, excluding legal holidays. The public record is located
in the TSCA NCIC, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
Electronic comments can be sent directly to EPA at:
ncic@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this document, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official record is the paper record
maintained at the address in ADDRESSES at the beginning of this
document.
List of Subjects
Environmental protection.
Dated: June 2, 1995.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 95-14204 Filed 6-8-95; 8:45 am]
BILLING CODE 6560-50-F
