

[Federal Register: May 31, 2006 (Volume 71, Number 104)]
[Notices]               
[Page 30921-30923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my06-92]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0397; FRL-8069-3]

 
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 the 
Sierra Club and requests comments on issues raised by the petition. The 
petitioner is concerned about the risks of toy jewelry containing lead 
and requests that EPA take four actions under the Toxic Substances 
Control Act (TSCA). The petitioner requests that EPA: (1) Require TSCA 
section 8(d) health and safety data reporting; (2) submit a report to 
the Consumer Product Safety Commission (CPSC) under TSCA section 9; (3) 
issue a significant new use rule pursuant to TSCA section 5; and (4) 
issue quality control orders under TSCA section 6(b). Of the actions 
requested by the petitioner, TSCA section 21 applies only to requests 
for actions under TSCA sections 6(b) and 8(d). The Agency must either 
grant or deny a section 21 petition within 90 days. The Agency will 
therefore respond to the requests for action under TSCA sections 6(b) 
and 8(d) by July 20, 2006. EPA will carefully consider the requests for 
action under TSCA sections 5 and 9, which are not subject to section 21 
and will respond to them at a later time.

DATES:  Comments must be received on or before June 15, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2006-0397, by one of the following methods.
    http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO, EPA East Bldg., 
Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID number EPA-HQ-OPPT-2006-0397. The DCO is open from 8 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the DCO is (202) 564-8930. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0397. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' systems, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: EPA has established an official public docket for this 
action under docket ID number EPA-HQ-OPPT-2006-0397. The official 
public docket consists of the documents specifically referenced in this 
action, any public comments received, and other related information. 
All documents in the docket are listed in the regulations.gov index. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through regulations.gov or in hard copy at the 
OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center 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.

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Colby Lintner, Regulatory Coordinator, Environmental Assistance 
Division (7408M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone numbers: (202) 554-1401; e-mail 
address: TSCA-Hotline@epa.gov.
    For technical information contact: Doreen Cantor, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0486; e-mail 
address:cantor.doreen@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may potentially be affected by this action if you manufacture, 
import, or distribute in commerce toy jewelry containing lead, or if 
you manufacture, import, process, or distribute in commerce lead. 
Potentially affected entities may include, but are not limited to:

[[Page 30922]]

     (NAICS code 339914) Costume jewelry and novelty 
manufacturing
     (NAICS code 339932) Game, toy, and children's vehicle 
manufacturing
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding some of the entities likely to be 
affected by this action. Other types of entities not listed in this 
unit could also be affected. The North American Industrial 
Classification System (NAICS) codes have been provided to assist you 
and others in determining whether this action might apply to certain 
entities. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed CBI. In addition to one complete 
version of the comment that includes information claimed as CBI, a copy 
of the comment that does not contain the information claimed as CBI 
must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at the estimate.
    vi. Provide specific examples to illustrate your concerns, and 
suggested alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What is a TSCA Section 21 Petition?

    TSCA section 21 allows citizens to petition EPA to initiate a 
proceeding for the issuance, amendment, or repeal of a rule under TSCA 
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A TSCA 
section 21 petition must set forth facts that the petitioner believes 
establish the need for the action requested. EPA is required to grant 
or deny the petition within 90 days of its filing. If EPA grants the 
petition, the Agency must promptly commence an appropriate proceeding. 
If EPA denies the petition, the Agency must publish its reasons for the 
denial in the Federal Register. Within 60 days of denial, or the 
expiration of the 90-day period, if no action is taken, the petitioner 
may commence a civil action in a U.S. district court to compel 
initiation of the requested rulemaking proceeding.

B. What Action is Requested Under this TSCA Section 21 Petition?

    On April 21, 2006, the Sierra Club petitioned EPA to take four 
actions intended to reduce risks from toy jewelry containing lead. The 
Sierra Club defines toy jewelry as ``any item that serves a decorative 
but no or minimal functional purpose that is valued at less than $20 
per item.'' The requested actions are:
     Require TSCA section 8(d) health and safety data reporting 
for lead and lead salts.
     Submit a TSCA section 9 report to the Consumer Product 
Safety Commission (CPSC) regarding lead and lead salts.
     Issue a TSCA section 5 Significant New Use Rule regarding 
lead and lead salts in toy jewelry.
     Issue TSCA section 6(b) quality control orders regarding 
production of toy jewelry.
    The petition also requested certain actions by CPSC, which will be 
considered by that agency.
    The petition sets forth the following incidents in support of its 
requests. In February 2006, a child died from lead poisoning after 
ingesting toy jewelry that contained lead. In 2004, 4 importers 
recalled 150 million metal toy jewelry items pursuant to an agreement 
with CPSC. Another case of severe lead poisoning occurred from a toy 
necklace in 2003. Finally, the petition notes that both poisonings, and 
the recalled jewelry, concerned products distributed in violation of 
CPSC's 1998 Codification of Guidance Policy on Lead in Consumer 
Products.
    The Sierra Club petition also refers to the federal government's 
goal of eliminating lead poisoning by 2010. It concludes that the 
current system is not working and that stronger action is needed if the 
federal government's goal is to be met.
    The petitioner therefore asks EPA to take action under TSCA. EPA 
has commenced a review of this petition. Comments on the petition may 
be submitted by any of the methods identified in Unit I.

C. EPA Seeks Additional Information

    In considering how to respond to the petition, EPA seeks a better 
factual understanding of the potential and actual risks to human health 
and the environment associated with lead in toy jewelry. Therefore, EPA 
seeks data and information regarding the potential risks to human 
health associated with lead in toy jewelry, including ongoing uses of 
lead in toy jewelry, the extent and degree of use, and other 
information.
    Under TSCA section 21, which is applicable to requests for 
rulemaking proceedings under TSCA sections 6(b) and 8(d), the Agency 
must either grant or deny a petition within 90 days. Because the Agency 
must respond to the requests for action under TSCA sections 6(b) and 
8(d) by July 20, 2006, EPA will allow the public until June 15, 2006 to 
reply with any additional information relevant to the issues identified 
below. EPA will carefully consider the requests for action under TSCA 
sections 5 and 9, and will respond to them at a later time. In 
assisting the Agency by supplying this additional information, please 
follow the procedures in Unit I.B.
    In assessing the usability of any data or information that may be 
submitted, EPA plans to follow the guidelines in EPA's ``A Summary of 
General Assessment Factors for Evaluating the Quality of Scientific and 
Technical Information'' (EPA 100/B-03/001), referred to as the 
``Assessment Factors Document.'' This document is available at the 
following website:http://www.epa.gov/osa/spc/assess.htm. The Federal 

Register notice for this document is available at the following Web 
site: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm
.

    In particular, EPA seeks information on the following:
    1. Quantitative information, data and/or reports (e.g., incident 
reports, recent scientific and technical studies)

[[Page 30923]]

associated with the presence of lead in toy jewelry. This would include 
any information on how and why lead is used in toy jewelry, the extent 
and prevalence of lead in toy jewelry, and the concentrations of lead 
found in toy jewelry (including lead used by design or by inadvertent 
contamination). The Agency is also interested in information on the 
manner and methods of manufacturing, processing, distribution in 
commerce, and disposal of toy jewelry containing lead.
    2. Quantitative information, data and/or case examples (e.g., 
incident reports, recent scientific and technical studies) associated 
with the health effects, particularly to children, from toy jewelry or 
similar objects containing lead. This would include any case studies or 
other information relating to exposure of human beings or the 
environment to lead in toy jewelry, particularly any exposure of 
children to lead in toy jewelry. Also useful would be information on 
exposure to lead in similar objects which are available to children via 
direct mouthing or ingestion, or hand-to-mouth behavior. This would 
include any studies or other information relating lead concentration or 
quantity to blood lead level or health effects.
    3. Information on and evidence of quality control procedures for 
the manufacture, import, distribution, and sale of toy jewelry, 
particularly those procedures that would measure and monitor lead 
content of various components of toy jewelry. This would include 
information of the cost and effectiveness of these procedures.
    4. Information on the availability, cost, and health effects of 
alternatives to lead in toy jewelry.
    5. Information on whether the definition of toy jewelry used by the 
Sierra Club (``any item that serves a decorative but no or minimal 
functional purpose that is valued at less than $20 per item'') is clear 
and otherwise appropriate.

List of Subjects

    Environmental protection.

    Dated: May 23, 2006.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-8246 Filed 5-30-06; 8:45 am]

BILLING CODE 6560-50-S
