99-22203. Voluntary Children's Health Chemical Testing Program, Initiation of a Stakeholder Involvement Process; Notice of Public Meetings  

  • [Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
    [Notices]
    [Pages 46673-46677]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22203]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [OPPTS-00274; FRL-6089-1]
    
    
    Voluntary Children's Health Chemical Testing Program, Initiation 
    of a Stakeholder Involvement Process; Notice of Public Meetings
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: EPA will hold three public meetings to involve stakeholders in 
    the design and development of a voluntary program to test commercial 
    chemicals to which children may have a high likelihood of exposure. The 
    purpose of the voluntary testing program is to obtain toxicity data 
    needed to assess the risk of childhood exposure to commercial 
    chemicals. At the kickoff meeting, stakeholders will have an 
    opportunity to give their reactions, either as individuals or as 
    representatives of organizations, to EPA's preliminary thoughts on 
    criteria and considerations that could be used to select chemicals for 
    testing and the test battery. Stakeholders will also have an 
    opportunity to provide their views on new or alternative approaches 
    that might be used in this program. EPA is also interested in obtaining 
    stakeholder input on the key design features of a voluntary testing 
    program that could be used to gather the needed test data. Two 
    subsequent meetings of the Stakeholder Involvement Process will be 
    organized around sets of invited participants which will separately 
    discuss with EPA the different issues related to the voluntary testing 
    program. The two subsequent meetings will also be public meetings and 
    there will be an opportunity for public comment at the conclusion of 
    each discussion between the invited participants and EPA. The 
    information which is developed in the course of this process in the 
    interest of developing a voluntary testing program may also be 
    considered in the development of a possible test rule under section 4 
    of the Toxic Substances Control Act (TSCA).
    
    DATES: The kickoff meeting of the Stakeholder Involvement Process will 
    be held from 9 a.m. to 5 p.m. on September 22, 1999, and from 9 a.m. to 
    12 noon on September 23, 1999. This public meeting will be followed by 
    two subsequent meetings currently scheduled for November 30-December 1, 
    1999, and January 19-20, 2000. These will be the dates unless a Federal 
    Register document is published changing the dates or canceling the
    
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    meetings. The dates will also be confirmed on the website at http://
    www.epa.gov/chemrtk/childhlt.htm.
        Those who have pre-registered to attend the kickoff meeting, may 
    also pre-register to present oral comments at the meeting by September 
    10, 1999.
        Comments, identified by docket control number OPPTS-00274, must be 
    received on or before September 21, 1999.
    
    ADDRESSES: The kickoff meeting will be held at the Swissotel 
    Washington, The Watergate, 2650 Virginia Ave., NW., Washington, DC.
        To pre-register to attend the kickoff meeting or to present oral 
    comments at the meeting, contact the technical person listed in the 
    ``FOR FURTHER INFORMATION CONTACT'' section.
        Comments may be submitted by mail, electronically, or in person. 
    Please follow the detailed instructions for each method as provided in 
    Unit I.C. of the ``SUPPLEMENTARY INFORMATION'' section. To ensure 
    proper receipt by EPA, it is imperative that you identify docket 
    control number OPPTS-00274 in the subject line on the first page of 
    your response.
    
    FOR FURTHER INFORMATION CONTACT: For general information contact: 
    Christine Augustyniak, Environmental Assistance Division (7408), Office 
    of Pollution Prevention and Toxics, Environmental Protection Agency, 
    401 M St., SW., Washington, DC 20460; telephone number: (202) 260-3949; 
    e-mail address: augustyniak.christine@epa.gov.
        For technical information or to pre-register to attend or to 
    present oral comments at the kickoff meeting contact: Ward Penberthy, 
    Chemical Control Division (7405), Office of Pollution Prevention and 
    Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 
    20460; telephone number: (202) 260-0508; e-mail address: 
    chemrtk@epamail.epa.gov. Electronic messages should reference the 
    Voluntary Children's Health Chemical Testing Program, Stakeholder 
    Involvement Process as their subject. When pre-registering to present 
    oral comments, please indicate the public comment session to which your 
    comments are most relevant (see tentative agenda for the kickoff 
    meeting provided on the website at http://www.epa.gov/chemrtk/
    childhlt.htm under ``Meeting Information'').
    
    SUPPLEMENTARY INFORMATION:
    
    I. General Information
    
    A. Does this Action Apply to Me?
    
        This action is directed to the public in general. This action may, 
    however, be of interest to those persons who are or may be required to 
    conduct testing of chemical substances under TSCA section 4, 
    individuals or groups concerned with chemical testing and children's 
    health, animal welfare groups, or other members of the general public . 
    Since various individuals or groups may 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 this 
    action, please consult the person listed in the ``FOR FURTHER 
    INFORMATION CONTACT'' section.
    
    B. How Can I Get Additional Information, Including Copies and Other 
    Related Documents?
    
        1. Electronically. You may obtain electronic copies of this 
    document, and certain other related documents that might be available 
    electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
    To access this document, on the Home Page select ``Laws and 
    Regulations'' and then look up the entry for this document under the 
    ``Federal Register--Environmental Documents.'' You can also go directly 
    to the Federal Register listings at http://www.epa.gov/fedrgstr/.
        To access the ``Background Information Document'' (Ref. A), 
    additional information about the stakeholder meetings, as well as 
    obtain an electronic copy of this document, you may go directly to the 
    website at http://www.epa.gov/chemrtk/childhlt.htm.
        2. In person. The Agency has established an official record for 
    this action under docket control number OPPTS-00274. The official 
    record consists of the documents specifically referenced in this 
    action, as well as the documents listed as references in the 
    ``Background Information Document'' (Ref. A). The official record also 
    consists of any public comments received during an applicable comment 
    period, and other information related to this action, including any 
    information claimed as confidential business information (CBI). This 
    official record includes the documents that are physically located in 
    the docket, as well as the documents that are referenced in those 
    documents. The public version of the official record does not include 
    any information claimed as CBI. The public version of the official 
    record, which includes printed, paper versions of any electronic 
    comments submitted during an applicable comment period, is available 
    for inspection in the TSCA Nonconfidential Information Center, North 
    East Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. The 
    Center is open from noon to 4 p.m., Monday through Friday, excluding 
    legal holidays. The telephone number for the Center is (202) 260-7099.
    
    C. How and to Whom do I Submit Written Comments on this Notice?
    
        You may submit comments through the mail, in person, or 
    electronically. To ensure proper receipt by EPA, it is imperative that 
    you identify docket control number OPPTS-00274 in the subject line on 
    the first page of your response.
        1. By mail. Submit your comments to: Document Control Officer 
    (7407), Office of Pollution Prevention and Toxics (OPPTS), 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
        2. In person or by courier. Deliver your comments to: OPPT Document 
    Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
    St., SW., Washington, DC. 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) 260-7093.
         3. Electronically. You may submit your comments electronically by 
    e-mail to: oppt.ncic@epa.gov,'' or mail your computer disk to the 
    address identified in Unit I.C.1. of this document. Do not submit any 
    information electronically that you consider to be CBI. 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 standard disks in WordPerfect 5.1/6.1 or ASCII file format. 
    All comments in electronic form must be identified by docket control 
    number OPPTS-00274. Electronic comments may also be filed online at 
    many Federal Depository Libraries.
    
    D. How Should I Handle CBI that I Want to Submit to the Agency?
    
        Do not submit any information electronically that you consider to 
    be CBI. You may claim information that you submit to EPA in response to 
    this document as CBI by marking any part or all of that information as 
    CBI. Information so marked will not be disclosed except in accordance 
    with procedures set forth in 40 CFR part 2. Please note that, in the 
    absence of steps by EPA leading to disclosure, none of the information 
    marked ``CBI'' will be available for consideration in the Stakeholder 
    Involvement Process; commenters may want to consider this point in 
    developing their submissions. 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
    
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    information claimed as CBI must be submitted for inclusion in the 
    public version of the official record. Information not marked 
    confidential 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 listed 
    in the ``FOR FURTHER INFORMATION CONTACT'' section.
    
    E. How Can I Request an Opportunity to Present Oral Comments to the 
    Agency at the Kickoff Meeting of the Stakeholder Involvement Process?
    
        Those who have pre-registered to attend the kickoff meeting, may 
    also pre-register to present oral comments at the meeting by contacting 
    the technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
    section by September 10, 1999. Although this meeting is open to the 
    public, there may be time limitations which will restrict the number of 
    oral presentations which can be accommodated. Therefore, EPA strongly 
    encourages those who wish to present oral comments to contact EPA and 
    register in advance. Other presentations of oral comments will be 
    accommodated as time allows. When you pre-register to present oral 
    comments, you must identify the name of the individual who will make 
    the presentation, the organization (if any) the individual represents, 
    any requirements for audio visual equipment (e.g., overhead projector, 
    35mm projector, chalkboard, etc), and the public comment session to 
    which the comments are most relevant. The topics to be covered in the 
    four public comment sessions to be held during the kickoff meeting are 
    listed in the tentative agenda provided on the website at http://
    www.epa.gov/chemrtk/childhlt.htm under ``Meeting Information.'' There 
    is no limit on the length of written comments, but oral comments will 
    be limited to 5 minutes. We encourage presenters to coordinate their 
    oral comments with others as appropriate. When pre-registering, please 
    inform the technical person listed in the ``FOR FURTHER INFORMATION 
    CONTACT'' section of your plans to coordinate presentations. You are 
    requested to provide at least 35 written copies of your oral statement 
    by the date of the meeting. It is encouraged that you bring copies 
    sufficient for the number of people who plan to attend the kickoff 
    meeting; this number will be available on the website at http://
    www.epa.gov/chemrtk/childhlt.htm under ``Meeting Information'' several 
    days before the meeting date. These written statements will become a 
    part of the public version of the official record.
    
    F. What Should I Consider as I Prepare My Comments for EPA?
    
        EPA invites you to provide your views on the general approach 
    presented in the ``Background Information Document'' cited in Unit I.B. 
    and discussed in Unit II. of this notice. EPA also invites your views 
    new approaches that have not been considered, the potential benefits or 
    impacts of these various approaches (including possible unintended or 
    unidentified benefits or impacts), and any other data or information 
    that you would like the Agency to consider in the development of a 
    voluntary testing program via the stakeholder process. 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 specific 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. If you estimate potential benefits or burden 
    reductions (e.g., attributable to a voluntary program), explain how you 
    arrived at the estimate.
        5. Provide specific examples to illustrate the key points which 
    underlie your views regarding benefits and impacts.
        6. Offer alternative ways to improve the voluntary testing program.
        7. Make sure to submit your comments by the deadline in this 
    notice.
         8. At the beginning of your comments (e.g., as part of the 
    ``Subject'' heading), be sure to properly identify the document you are 
    commenting on. You can do this by providing the docket control number 
    assigned to the notice (OPPTS-00274), along with the name, date, and 
    Federal Register citation.
    
    G. Are There Issues on Which EPA is Particularly Interested in 
    Receiving Comment?
    
        EPA encourages interested parties to submit comments on chemical 
    testing which are relevant to children's health and any aspect of this 
    notice. Commenters are encouraged to identify other criteria for 
    identifying children's exposure to commercial chemicals, such as 
    bioavailability, and additional relevant data sources, especially as 
    they relate to use in consumer products. Comments on the test battery 
    previously submitted to EPA's Scientific Advisory Panel (SAP) need not 
    be resubmitted.
    
    II. Background Information Document
    
        EPA has prepared a document entitled ``Background Information on 
    the Children's Health Chemical Testing Program'' (Ref. A), which is 
    referred to in this notice as the ``Background Information Document.'' 
    The ``Background Information Document'' describes the history of this 
    program, EPA's preliminary thoughts on criteria and considerations that 
    could be used to select chemicals for testing and the test battery, and 
    how the test data would be used. The ``Background Informaton Document'' 
    and a list of its references are provided on the website at http://
    www.epa.gov/chemrtk/childhlt.htm. A paper copy of the ``Background 
    Information Document'' and each of its references are available in the 
    public version of the official record, OPPTS-00274, which is located at 
    the address provided in Unit I.B.2. of this notice.
    
    III. Voluntary Testing Program
    
        Although EPA has the authority to require manufacturers and 
    processors to conduct toxicity testing of chemicals for which certain 
    findings have been made under section 4 of TSCA, before proposing such 
    a section 4 test rule, EPA wants to first provide the opportunity for 
    stakeholders including manufacturers, processors, and a wide variety of 
    interested parties to participate in the development of a testing 
    program which involves conducting such testing voluntarily. EPA 
    believes that the involvement of industry and other stakeholders in the 
    early stages of the development of this testing program can promote 
    cooperation, expedite the testing process, and benefit everyone 
    concerned. On May 24, 1999, EPA took an initial step toward developing 
    a voluntary testing program by meeting with representatives from a 
    range of organizations with an interest in children's health issues and 
    toxicity testing. This group discussed the use and possible operating 
    features of a stakeholder involvement process to develop a voluntary 
    chemical testing program and the issues that might be appropriate for 
    consideration. In light of these discussions, EPA has determined that 
    stakeholder meetings might be helpful on such topics as the criteria 
    and data sources for chemical selection, the test battery, and the 
    design of the voluntary testing program. The meeting also produced a 
    list of organizations which may have an interest in a stakeholder 
    involvement process.
        Since the May 1999 meeting, EPA has secured a professional 
    facilitator to help convene and manage a stakeholder
    
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    involvement process. The facilitator has prepared a document entitled 
    ``Preliminary Findings and Recommendations: Voluntary Children's Health 
    Testing Program Stakeholder Involvement Process'' (Ref. B) to better 
    define the approach that will be taken to initiate discussion. The 
    document is available on the website at http://www.epa.gov/chemrtk/
    childhlt.htm.
    
    IV. Stakeholder Involvement Process
    
        EPA has considered a number of sources of chemicals to which 
    children may be exposed, but realizes that the wide range of parties 
    interested in children's health is a resource which should be fully 
    utilized to identify candidate chemicals for this testing program. 
    Using a stakeholder involvement process, EPA intends to bring together 
    and obtain input from knowledgeable individuals who represent parties 
    that would be affected by any forthcoming testing program, i.e. 
    stakeholders. These stakeholders would include child health advocates, 
    pediatricians, chemical manufacturers and processors, trade 
    associations, Federal agencies, State health departments, and animal 
    welfare advocates. The stakeholders will have an equal opportunity to 
    present their viewpoints at the kickoff meeting of the Stakeholder 
    Involvement Process.
        Due to possible time limitations, those wishing to present oral 
    comments at the kickoff meeting are advised to pre-register with the 
    technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
    section and follow the instructions in Unit I.E. of this document. Oral 
    comments will be limited to 5 minutes and copies of your statement must 
    be provided as explained in Unit I.E. of this document. We encourage 
    presenters to coordinate their oral comments with others as 
    appropriate. When pre-registering, please inform the technical person 
    listed in the ``FOR FURTHER INFORMATION CONTACT'' section of your plans 
    to coordinate presentations. To enable as many interested parties as 
    possible to contribute their ideas and provide opinions, EPA plans to 
    have the professional facilitator lead the meeting.
        Persons wishing to file written comments should follow the 
    instructions in Unit I.C., D., and F. of this document. There is no 
    limit on the length of written comments and all interested parties are 
    permitted to file written comments before the kickoff meeting. These 
    written comments, along with copies of oral statements and a summary of 
    the oral discussion at the meeting, will become a part of the public 
    version of the official record and will be considered by EPA during the 
    development of the voluntary testing program.
        If you wish to observe the meeting but not present oral comments, 
    you are advised to pre-register for the meeting due to possible space 
    limitations. To pre-register you must identify yourself and your 
    organization as described in the ``FOR FURTHER INFORMATION CONTACT'' 
    section. Seating of others at the kickoff meeting will be on a first-
    come basis after those who have registered in advance of the meeting 
    have been accommodated.
        In the two subsequent meetings, EPA believes it will be necessary 
    to limit the number of active participants to some extent in order to 
    achieve a meaningful dialogue with stakeholders. Therefore, EPA 
    proposes to structure each of the two subsequent meetings as three 
    roundtable discussions with roughly two dozen invited participants at 
    each discussion. EPA will identify and invite a balanced group of 
    individuals and organizations who are believed to represent the 
    interests of the various groups of stakeholders and whom it believes 
    will have information useful to each discussion. Each of the roundtable 
    discussions will address one of the three issue areas listed in Unit 
    V.A. of this document. Depending on the issues to be discussed, the 
    invited participants at each roundtable discussion may not be the same 
    individuals. At the conclusion of each discussion between the invited 
    participants and EPA, there will be an opportunity for public comment. 
    EPA wants to emphasize that the two subsequent meetings, like the 
    kickoff meeting, will be public meetings and all interested parties are 
    encouraged to attend. Those not specifically invited to participate in 
    the roundtable discussions will be given the opportunity to observe the 
    proceedings to the extent space allows and to present information and 
    opinions during solicitations of comments at the end of each 
    discussion.
        EPA is not asking participants in the Stakeholder Involvement 
    Process to reach agreement or provide any collective recommendations on 
    the subjects under discussion or on a detailed design of a voluntary 
    testing program. EPA's intent is to obtain information and the 
    individual perspective of the participants based on their unique 
    experiences and background. Accordingly, EPA does not intend at this 
    time to organize this Stakeholder Involvement Process as an advisory 
    committee as defined in the Federal Advisory Committee Act, 5 U.S.C 
    App.
    
    V. Stakeholder Meetings
    
    A. Kickoff Meeting
    
        EPA will convene the kickoff meeting of the Stakeholder Involvement 
    Process on September 22 and 23, 1999, at the location listed in the 
    ``ADDRESSES'' section. At this meeting, EPA intends to orient the 
    stakeholders to the background and future plans and goals for this 
    project. In so doing, EPA will inform the stakeholders of the Agency's 
    initial efforts to identify the chemicals to which children and 
    prospective parents may be highly exposed and the testing needed to 
    assess the risk of that exposure. Much of this information is contained 
    in the ``Background Information Document'' (Ref. A) discussed in Unit 
    II. of this notice. EPA will then take comment on EPA's initial efforts 
    and also on the following main issues which EPA believes are of special 
    interest to stakeholders:
        1. What criteria, considerations, and data sources should be used 
    to identify chemicals for which there is a concern for high potential 
    exposure to children or prospective parents? (What additional criteria 
    and data sources should be considered? What data sources should not be 
    considered?)
         2. Are there any beneficial modifications which could be made to 
    the test battery (i.e., the battery presented to the FIFRA SAP in May 
    1999)?
        3. What should be the key design features of this voluntary testing 
    program?
     Comments will be presented first by those who have registered in 
    advance as described in the ``FOR FURTHER INFORMATION CONTACT'' section 
    and Unit I.E. of this document and then by others as time allows.
        The tentative agenda for the kickoff meeting of the Stakeholder 
    Involvement Process can be found on the website at http://www.epa.gov/
    chemrtk/childhlt.htm under ``Meeting Information.''
    
    B. Subsequent Meetings
    
        At this time, EPA intends to hold two subsequent meetings as part 
    of the Stakeholder Involvement Process. At these meetings, invited 
    participants will have roundtable discussions with EPA on the main 
    issues listed in Unit V.A. of this document. At the first of these 
    meetings, EPA will also propose an outline of a chemical testing 
    program which EPA will develop based on the comments presented at the 
    kickoff meeting and written comments submitted according to the 
    instructions in Unit I.C., D., and F. of this document. This outline of 
    a chemical testing
    
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    program will serve as a ``strawman'' proposal, which EPA will make 
    available prior to the second meeting. EPA expects the ``strawman'' 
    proposal and proposals submitted by other groups to be a major subject 
    of comment at the roundtable discussions at both of the subsequent 
    meetings. At the end of each roundtable discussion, comments will also 
    be solicited from other stakeholders attending the meeting as described 
    in Unit IV. of this document.
        The tentative dates for the two subsequent meetings are November 
    30-December 1, 1999 and January 19-20, 2000. These will be the dates 
    unless a Federal Register document is published changing the dates or 
    canceling the meetings. The dates will also be confirmed on the website 
    at http://www.epa.gov/chemrtk/childhlt.htm. All meetings will be held 
    in the Washington, DC area and will be open to the public. Summaries of 
    the meetings will be placed in the public record, OPPTS-00274.
    
    VI. Public Record
    
        At this time, the public record version of the official record 
    contains the following:
         A. United States Environmental Protection Agency (USEPA). 
    ``Background Information on the Children's Health Chemical Testing 
    Program.'' Prepared by Chemical Information and Testing Branch, 
    Chemical Control Division, Office of Pollution Prevention and Toxics 
    (August 19, 1999).
         B. Meridian Institute and The Keystone Center. ``Preliminary 
    Findings and Recommendations: Voluntary Children's Health Testing 
    Program Stakeholder Involvement Process.'' Prepared by Tim Mealey and 
    Paul De Morgan for the USEPA and other interested stakeholders (July 
    30, 1999).
    
    List of Subjects
    
        Environmental protection, Chemicals, Children, Hazardous 
    substances, Heath and safety.
    
        Dated: August 20, 1999.
    
    Susan H. Wayland,
    
    Deputy Assistant Administrator for Prevention, Pesticides and Toxics.
    
    [FR Doc. 99-22203 Filed 8-23-99; 4:11 pm]
    BILLING CODE 6560-50-F