

[Federal Register: July 10, 2007 (Volume 72, Number 131)]
[Notices]               
[Page 37530-37531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy07-62]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0490; FRL-8139-7]

 
TSCA Section 21 Petition on Nonylphenol and Nonylphenol 
Ethoxylates; Notice of Receipt

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that EPA has received a petition under 
section 21 of the Toxic Substances Control Act (TSCA) and requests 
comments on issues raised by the petition. The petition was received 
from the Sierra Club, the Environmental Law & Policy Center, the 
Pacific Coast Federation of Fishermen's Association, the Washington 
Toxics Coalition, Physicians for Social Responsibility, and UNITE HERE 
on June 6, 2007. The petitioners are concerned about the risks to human 
health and the environment from exposure to the chemical substances 
nonylphenol (NP) and nonylphenol ethoxylates (NPE) and are petitioning 
EPA to exercise its authority under TSCA section 4 to require 
manufacturers and importers to conduct specific health and safety 
studies, and under TSCA section 6(a) to require labeling on all 
products containing NP and NPE and to limit the use of NP and NPE in 
certain circumstances. EPA must either grant or deny a TSCA section 21 
petition within 90 days of receipt of the petition and will, therefore, 
respond to this petition by September 4, 2007.

DATES: Comments must be received on or before July 25, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2007-0490, by one of the following methods:
      Federal eRulemaking Portal: 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-2007-0490. 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 DCO'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-
2007-0490. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line 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'' system, 
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 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. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available electronically at http://www.regulations.gov
, or, if only available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at 
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. The telephone 
number of the EPA/DC Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors 
are required to show photographic identification, pass through a metal 
detector, and sign the EPA visitor log. All visitor bags are processed 
through an X-ray machine and subject to search. Visitors will be 
provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Linter, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

     For technical information contact: Mary Dominiak or John 
Schaeffer, Chemical Control Division (7405M), Office Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8104 or (202) 564-8167; e-mail address: dominiak.mary@epa.gov 

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     You may be potentially affected by this action if you manufacture, 
import, or distribute in commerce NP or NPE. Potentially affected 
entities may include, but are not limited to:
      Chemical manufacturers (including importers) (NAICS codes 
325, 32411, e.g. chemical manufacturing and petroleum refineries) of 
one or more of the subject chemicals.
     This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding 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

[[Page 37531]]

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 
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 as 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 ID 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 your estimate in sufficient detail to allow for it to be 
reproduced.
     vi. Provide specific examples to illustrate your concerns and 
suggest 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 
sections 4, 6, or 8 or of an order under TSCA sections 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, EPA must promptly commence an appropriate 
proceeding. If EPA denies the petition, EPA must publish its reasons 
for the denial in the Federal Register. Within 60 days of denial, or 
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 June 6, 2007, the Sierra Club, the Environmental Law & Policy 
Center, the Pacific Coast Federation of Fishermen's Association, the 
Washington Toxics Coalition, Physicians for Social Responsibility, and 
UNITE HERE petitioned EPA to take action under TSCA sections 4 and 
6(a). The petitioners requested that EPA exercise its authority under 
TSCA section 4 to require manufacturers and importers to conduct 
specific health and safety studies and under TSCA section 6(a) to 
require labeling on all products containing NP and NPE and to limit the 
use of NP and NPE in certain circumstances.
    Specifically, the petition requested that EPA require testing under 
TSCA section 4 for:
     ``filling the gaps for chronic toxicity of NPE 
oligomers;''
     ``filling the gaps regarding the additive toxicity of NP 
and NPE oligomers to [aquatic] species;''
     ``research on individual endocrine disruption impacts and 
on the relationship between individual endocrine disruption impacts and 
pollution-level impacts;''
     ``testing for vitellogen gene expression;''
     ``testing related to levels of NP and NPE in humans and 
estrogenic effects in humans;''
     ``testing for health impacts on workers handling the 
chemicals at industrial laundries;'' and
     ``testing for determine[ing] exposure to NPE in 
residential indoor air.''
    The petition also requested that EPA take action under TSCA section 
6(a) to:
     ``require labeling on all products containing the 
chemical;''
     ``restrict the use of the chemicals where the user cannot 
verify that the chemical will receive proper treatment from an 
activated sludge treatment process designed to nitrify;''
     ``ban the use of the chemicals in industrial and consumer 
detergents;'' and
     ``require pollution prevention planning by facilities that 
use 2000 kg or more of NP or NPEs.''

C. EPA Seeks Public Comment

    Under TSCA section 21, which is applicable to requests for 
rulemaking proceedings under TSCA sections 4 and 6(a), EPA must either 
grant or deny a petition within 90 days. Because EPA must respond to 
the requests for action under TSCA sections 4 and 6(a) by September 4, 
2007, EPA will allow the public until July 25, 2007 to reply with any 
additional information relevant to the issues identified in the 
petition, a copy of which can be obtained from the public docket (see 
ADDRESSES).
    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.'' The ``Assessment Factors Document'' 
published in the Federal Register of July 1, 2003 (68 FR 39086) (FRL-
7520-2) and is available on-line at: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm.
 That document is also available 

on-line at: http://www.epa.gov/osa/spc/assess.htm.


List of Subjects

     Environmental protection, Hazardous substances.


    Dated: July 2, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E7-13336 Filed 7-9-07; 8:45 am]

BILLING CODE 6560-50-S
