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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules

FR Doc. 202110783 Filed 52021; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Chapter I
EPAHQOPPT20210174; FRL10023
55

Petition for Rulemaking Under TSCA;
Reasons for Agency Response; Denial of Requested Rulemaking Environmental Protection Agency EPA.
ACTION: Petition for rulemaking; denial;
reasons for Agency response.
AGENCY:

This document announces the availability of EPAs response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. While the petition requested three actions related to TSCA, EPA has determined that only one of those actions is an appropriate request:
A request to issue a test rule under TSCA requiring testing of phosphogypsum and process wastewater from phosphoric acid production. EPA is treating the other portions of the petition involving TSCA
as a petition under the Administrative Procedure Act APA; those other portions request EPA to initiate the prioritization process for designating phosphogypsum and process wastewater as high-priority substances for risk evaluation, and to make a determination by rule under TSCA that the use of phosphogypsum in road construction is a significant new use.
Therefore, this document does not provide EPAs response to these two TSCA-requested actions. Also, this document does not address the petitioners requests under the Resource Conservation and Recovery Act RCRA.
After careful consideration, EPA has denied the TSCA section 21 portion of the petition for the reasons set forth in this document.
DATES: EPAs response to this TSCA
section 21 petition was signed May 5, 2021.
ADDRESSES: The docket for this TSCA
section 21 petition, identified by docket identification ID number EPAHQ
OPPT20210174, is available at http
www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket OPPT Docket, Environmental Protection Agency Docket Center EPA/
DC, West William Jefferson Clinton
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SUMMARY:

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Bldg., Rm. 3334, 1301 Constitution Ave.
NW, Washington, DC. The 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 5661744, and the telephone number for the OPPT Docket is 202
5660280.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Public Reading Room are closed to visitors with limited exceptions. The EPA/DC staff continue to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact: Brooke Porter, Existing Chemicals Risk Management Division 7404T, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001; telephone number: 202
5646388; email address:
porter.brooke@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
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 manufacture including import, distribute in commerce, process, use, or dispose of phosphogypsum and process wastewater. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.
B. What is EPAs authority for taking this action?
Under TSCA section 21 15 U.S.C.
2620, any person can petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under TSCA sections 4, 6, or 8, or to issue an order under TSCA sections 4, 5e, or 5f. A TSCA section 21 petition must set forth the facts which it is claimed establish that it is necessary to initiate 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
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must publish its reasons for the denial in the Federal Register. A petitioner may commence a civil action in a U.S.
district court seeking to compel initiation of the requested proceeding within 60 days of a denial or, if EPA
does not issue a decision, within 60
days of the expiration of the 90-day period.
C. What criteria apply to a decision on this TSCA section 21 petition?
1. Legal Standard Regarding TSCA
Section 21 Petitions TSCA section 21b1 requires that the petition set forth the facts which it is claimed establish that it is necessary to initiate the proceeding requested. 15
U.S.C. 2620b1. Thus, TSCA section 21 implicitly incorporates the statutory standards that apply to the requested actions. Accordingly, EPA has relied on the standards in TSCA section 21 and in the provisions under which actions have been requested in evaluating this TSCA section 21 petition.
2. Legal Standard Regarding TSCA
Section 4a1Ai EPA must make several findings in order to require testing under TSCA
section 4a1Ai through a rule or order. EPA must find that the manufacture, distribution in commerce, processing, use, or disposal of a chemical substance or mixture, or that any combination of such activities, may present an unreasonable risk of injury to health or the environment; that information and experience are insufficient to reasonably determine or predict the effects of such activity or activities on health or the environment;
and that testing of the chemical substance or mixture is necessary to develop the missing information. 15
U.S.C. 2603a1Ai.
3. Legal Standard Regarding TSCA
Section 4a1Aii EPA must make several findings in order to require testing under TSCA
section 4a1Aii through a rule or order. EPA must find that the chemical substance or mixture is or will be produced in substantial quantities, and it enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to such substance or mixture;
that information and experience are insufficient to reasonably determine or predict the effects of the manufacture, distribution in commerce, processing, use, and/or disposal of the chemical substance or mixture on health or the environment; and that testing of the
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