[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]


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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.

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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