[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-25465] [[Page Unknown]] [Federal Register: October 14, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPPTS-211040; FRL 4915-4] 1,2,4-Trichlorobenzene; Response to Citizens Petition AGENCY: Environmental Protection Agency (EPA). ACTION: Denial of TSCA Section 21 Petition. ----------------------------------------------------------------------- SUMMARY: This notice responds to a citizen's petition submitted by Valley Watch, Inc. under section 21 of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2620). The petitioner requested EPA to exercise authority under TSCA section 5(e) to prohibit the manufacture, processing, distribution in commerce, use, and disposal of 1,2,4- trichlorobenzene (TCB) as a transformer retrofill fluid. EPA is denying the petition because EPA does not have authority under section 5(e) of TSCA to issue an order prohibiting the manufacture, processing, distribution in commerce, use, or disposal of this chemical substance. Section 5(e) applies only when EPA is reviewing a notice submitted under section 5(a) for a new chemical substance or a significant new use of a chemical substance. TCB is not a ``new chemical substance'' under section 3(9) of TSCA nor does its use as a transformer retrofill fluid represent a ``significant new use under section 5(a)(2).'' In addition, if the citizen's petition had requested the Agency to take action under section 6 of TSCA, the petition would still be denied because there is insufficient information to make an unreasonable risk determination under section 6. FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, Rm. E-543B, 401 M St., SW., Washington, DC 20460, (202) 554-1404, TDD: (202) 544-0551. SUPPLEMENTARY INFORMATION: I. Background A. TSCA Section 21 Section 21 of TSCA provides that any person may petition the Administrator of EPA to initiate a rulemaking under section 4 (rules requiring chemical testing), section 6 (rules imposing substantive controls on chemicals), or section 8 (information gathering rules). Also, section 21 authorizes a petitioner to request the issuance, amendment, or repeal of orders under section 5(e) of TSCA (orders affecting new chemical substances or significant new uses covered under section 5(a) notifications) or section 6(b)(2) (orders affecting quality control procedures). Section 21(b)(3) requires that EPA grant or deny citizen's petitions within 90 days of the filing date of the petition (15 U.S.C. 2620(b)(3)). If the Administrator grants a section 21 petition, the Agency must promptly commence an appropriate proceeding. If the Administrator denies the petition, the reasons for denial must be published in the Federal Register. In the case of a section 21 petition which requests an order under section 5(e), EPA may grant the petition only if EPA determines that the substance is subject to section 5 jurisdiction, that available information is insufficient to evaluate the health or environmental effects of the substance, and that either activities involving the substance may present an unreasonable risk of injury to health or the environment, or the substance is or will be produced in substantial quantities and there is or may be substantial or significant human exposure or substantial environmental release (15 U.S.C. 2604(e)(1)(A)). B. Summary of Petition On July 4, 1994, Valley Watch, Inc. petitioned EPA under section 21 of TSCA to issue an order under section 5(e) of TSCA to prohibit the manufacture, processing, distribution in commerce, use, and disposal of TCB as a retrofill transformer fluid. TCB is used as a constituent in an interim transformer fluid mixture, called TF-1. As such, TCB resides for a limited time in transformers. Valley Watch has based their request on the assertion that EPA had previously determined under TSCA section 4(a)(1)(a) that: (1) TCB may present an unreasonable risk of cancer to humans, and (2) there is sufficient human exposure to TCB to make the ``may present'' finding (51 FR 24660, July 8, 1986). Valley Watch also believes that TCB presents an unreasonable risk to the environment and humans due to its propensity to create dioxins and furans in the event of a transformer fire. Valley Watch maintains that exposure to TCB is increased by its use in retrofill transformers. II. EPA's Decision EPA denies this petition because the petitioner has not requested relief which EPA can properly grant under TSCA section 5(e) and because there is insufficient information to make an unreasonable risk determination under section 6 of TSCA. EPA has jurisdiction to issue a section 5(e) order only with respect to a chemical substance subject to the section 5(a) notification requirements, and in this case, these notification requirements are not applicable. Nor does the requested relief involve issuance, amendment, or repeal of a rule under sections 4, 6, or 8 or an order under section 6(b)(2). EPA recognized the concern regarding the potential risk of TCB at least as early as 1986 when EPA responded to an earlier petition from Valley Watch (51 FR 6423, February 24, 1986). As such, EPA promulgated a TSCA section 4 test rule for oncogenicity testing for several chlorinated benzenes, including TCB (51 FR 24660, July 8, 1986) and has received and evaluated the data submitted in compliance with the test rule. EPA is presently conducting a thorough assessment of these data as well as of exposure data in order to assess potential risks associated with exposure to TCB. At the conclusion of this process, EPA will decide whether activities involving TCB pose an unreasonable risk and if further regulatory action is warranted. EPA, as was done for the nearly identical 1991 petition submission by Valley Watch Inc., has also considered whether this petition could be read as seeking some action by EPA, properly within the bounds of section 21, other than issuing an order under section 5(e). The ultimate action requested is to prohibit the manufacture, processing, distribution in commerce, use, and disposal of TCB as a retrofill transformer fluid. Under section 6, EPA may promulgate rules to control such activities if the Agency finds there is a reasonable basis to conclude that activities involving a chemical substance present or will present an unreasonable risk of injury to health or the environment. EPA recognizes that there are some general concerns about risks posed by TCB. As mentioned above, EPA is committed to evaluate any potential hazards presented by TCB in its use as a transformer retrofill fluid or any other use. However, at present, EPA does not have sufficient evidence which shows that the presence of residues of this substance from its use as a temporary retrofill fluid poses a risk to humans who live and work near retrofilled transformers. EPA has addressed Valley Watch's concern regarding dioxin and furan formation during a transformer fire in its PCB Transformer Fires regulation (40 CFR 761.30). a detailed discussion of this regulation is contained in the Federal Register Notice entitled ``1,2,4- trichlorobenzene; Response to Citizen's Petition'' (56 FR 15618, April 17, 1991) at page 15619. Valley Watch provided no definitive evidence that trace amounts of 1,2,4-trichlorobenzene which might remain after retrofilling could result in the creation of dioxin or furans in the event of a transformer fire. Valley Watch supports its petition request with unsupported allegations. EPA has received no evidence from the petitioner of the likelihood of fires in retrofilled transformers. Thus, EPA has determined that Valley Watch's assertions do not support its request to ban the production of this substance for its use as a retrofilling fluid. III. Public Record A public record has been established for its response to this petition (OPPTS-211040). The public record contains the petition and the basic information considered by EPA in reaching its decision on this matter. The public record in this action is available for public inspection in Rm. B-607 Northeast Mall at the address noted above from 12 noon to 4 p.m., Monday through Friday, except legal holidays. IV. References 1. Section 21 petition from Valley Watch, Inc. to the EPA, July 4, 1994. 2. USEPA. Chlorinated Benzenes; Final Test Rule 51 FR 24660, July 8, 1986. 3. Moore, Michael R., ``104-Week Dietary Carcinogenicity Study With 1,2,4-Trichlorobenzene in Rats,'' Hazleton Washington (June 10, 1994). 4. Moore, Michael R., ``104-Week Dietary Carcinogenicity Study With 1,2,4-Trichlorobenzene in Mice,'' Hazleton Washington (June 6, 1994) V. Conclusion For the above reasons, EPA is denying Valley Watch's petition filed under section 21 of TSCA. Authority: 15 U.S.C. 2620 Dated: October 6, 1994. Lynn R. Goldman, Assistant Administrator for Prevention, Pesticides and Toxic Substances. [FR Doc. 94-25465 Filed 10-13-94; 8:45 am] BILLING CODE 6560-50-F