[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34342-34345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16815]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0467; FRL-8424-7]


Lead Wheel Balancing Weights; TSCA Section 21 Petition; Notice of 
Receipt and Request for Comment

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 Ecology Center of Ann Arbor, Michigan and the Sierra Club et 
al., (petitioners) on May 29, 2009. The petition requests that EPA 
establish regulations prohibiting the manufacture, processing, and 
distribution in commerce of lead wheel balancing weights. EPA must 
either grant or deny the petition within 90 days of filing.

DATES: Comments must be received on or before July 30, 2009

[[Page 34343]]


ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2009-0467, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    <bullet> 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-2009-0467. 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-
2009-0467. 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 at http://www.regulations.gov. 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: <a href="/cdn-cgi/l/email-protection#06525545472b4e69726a6f68634663766728616970"><span class="__cf_email__" data-cfemail="b9edeafaf894f1d6cdd5d0d7dcf9dcc9d897ded6cf">[email protected]</span></a>.
    For technical information contact: Mark Henshall, National Program 
Chemicals Division (7404T), Office Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0523; e-mail 
address: <a href="/cdn-cgi/l/email-protection#026a676c716a636e6e2c6f637069426772632c656d74"><span class="__cf_email__" data-cfemail="751d101b061d1419195b1814071e351005145b121a03">[email protected]</span></a>.

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 you if you manufacture, process, distribute 
or use lead wheel balancing weights or are an automobile tire retailer. 
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. 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 
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. TSCA Section 21

A. What is a TSCA Section 21 Petition?

    Under section 21 of TSCA (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 section 4, 6, or 8 or an order under TSCA section 
5(e) or 6(b)(2). A TSCA section 21 petition must set forth the facts 
that are claimed to establish

[[Page 34344]]

the necessity 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. A petitioner may commence a civil 
action in a U.S. district court to compel initiation of the requested 
rulemaking proceeding within 60 days of either a denial or if EPA fails 
to grant or deny the expiration of the 90-day period.

B. What Criteria Apply to a Decision on a TSCA Section 21 Petition?

    Section 21(b)(1) of TSCA requires that the petition ``set forth the 
facts which it is claimed establish that it is necessary'' to issue the 
rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA section 21 
implicitly incorporates the statutory standards that apply to the 
requested actions. In addition, TSCA section 21 establishes standards a 
court must use to decide whether to order EPA to initiate rulemaking in 
the event of a lawsuit filed by the petitioner after denial of a TSCA 
section 21 petition. 15 U.S.C. 2620(b)(4)(B). Accordingly, EPA will 
refer to the standards in TSCA section 21 and in the provisions under 
which actions have been requested to evaluate this petition.

III. Summary of TSCA Section 21 Petition Received

A. What Action was Requested?

    On May 29, 2009, EPA received a petition from the Ecology Center 
and the Sierra Club et al., petitioning EPA to establish regulations 
prohibiting the manufacture, processing, and distribution in commerce 
of lead wheel balancing weights (``wheel weights'').
    The petition and information submitted by the petitioner(s) is 
included in the docket at http://www.regulations.gov, under EPA-HQ-
OPPT-2009-0467.

B. What Support Do the Petitioners Offer?

    This petition incorporates by reference a previous petition 
submitted by the Ecology Center on May 13, 2005 (OPPT-2005-0032) (70 FR 
35667, June 21, 2005) (FRL-7720-5), which requested a very similar 
action. In that petition, the Ecology Center asked EPA to prohibit the 
manufacturing, processing, distribution in commerce, and use and 
improper disposal of lead wheel balancing weights. EPA denied that 
petition on August 8, 2005.
    The petitioners note that they have previously highlighted that 
automobiles are a significant contributor of ongoing lead releases to 
the environment. The previous petition identified lead wheel balancing 
weight failure (weights falling off rims into roadways) as one of the 
largest ongoing releases of lead to the environment. The previous 
petition also noted that lead is consistently found to be in high 
concentrations on roadways and in end-of-life, vehicle waste (commonly 
called Auto Shredder Residue (ASR)). The petitioners also commented 
that lead wheel balancing weights are the second largest ongoing use of 
lead in vehicles and play a significant role in the release of lead to 
the environment.
    The petitioners also note that on August 29, 2008 EPA announced its 
voluntary National Lead-Free Wheel Weight Initiative (NLFWWI). The 
Initiative's 40 charter members and four subsequent members include 
every new car manufacturer, four domestic lead wheel balancing weight 
producers (3M, Hennessy, Perfect, and Plombco), two leading tire 
manufacturers (Bridgestone Firestone and Goodyear) and major retailers 
(Bridgestone Firestone, Goodyear, Costco, Wal-Mart, and Sam's Club). 
These organizations committed in writing to:
    <bullet> Identify the volume of lead to be eliminated.
    <bullet> Reduce the use of lead for wheel balancing weights by 
December 31, 2011.
    <bullet> Take responsibility for providing information, education, 
and outreach to the public, regarding the benefits of using lead-free 
wheel balancing weights.
    <bullet> Properly collect and recycle used lead wheel balancing 
weights in their current inventory or acquired through normal business 
operation.
    <bullet> Publicly endorse the NLFWWI and encourage the use of lead-
free wheel balancing weights by others.
    Petitioners cited EPA's National Lead-Free Wheel Weight Initiative 
web page which states:
    <bullet> 12.5 million pounds of lead from wheel balancing weight is 
uncontrolled or unmanaged in the environment.
    <bullet> 1.6 million pounds of lead is lost when wheel balancing 
weights fall off during normal driving conditions such as hitting a pot 
hole.
    <bullet> 10.9 million pounds is sold or given to hobbyists for 
recreational purposes.
    Petitioners estimate that no more than one-third of the lead wheel 
weight market would potentially be changed to lead-free due to the 
NLFWWI.
    Petitioners also point to recent state actions to address wheel 
balancing weights. The petition notes that on April 28, 2009, the State 
of Washington instituted a ban on lead wheel balancing weights 
effective January 1, 2011 and that California, Iowa, and Maine have 
similar proposals under consideration. The petition also stated that in 
2008, Vermont banned lead wheel balancing weights on state-owned 
vehicles by January 1, 2010 and in new motor vehicles as of January 1, 
2011.

IV. EPA Seeks Public Comment

    Under TSCA section 21, EPA must either grant or deny a petition 
within 90 days. EPA is providing this opportunity for the public to 
comment on, or provide any additional information relevant to, the 
issues identified in the petition. In order for the Agency to consider 
such comments within the 90-day petition review period, EPA must 
receive the comments by July 30, 2009 (see ADDRESSES).
    In particular, EPA seeks information on the following:
    <bullet> Quantitative information, data and/or case examples (e.g., 
recent scientific and technical studies, including analytical data 
results, analyses of environmental impacts, and statistical analyses) 
associated with the potential environmental releases to the air, 
surface water, ground water, and soil (particularly regarding potential 
releases within 1 mile of roadways, and potential releases to 
particularly sensitive environments or human and ecological 
populations) from lead wheel balancing weights and the following 
alternatives to lead tire weights: Steel tire weights; zinc alloy wheel 
balancing weights; plastic metal composite wheel balancing weights; and 
tin wheel balancing weights.
    <bullet> Quantitative information and data (scientific and 
technical studies, including analytical data results, analysis of 
environmental impacts, statistical analyses, etc.) associated with 
releases of lead to the air, surface water, ground water, and soil 
within 1 mile of roadways from wheel balancing weights and all other 
sources.
    <bullet> Information on whether the following list of potential 
exposure routes associated with releases from lead (and other 
alternative material) wheel balancing weights is complete or accurate, 
and whether other possible exposure routes associated with such 
releases should be considered: Dust in and near roadways; dust from 
roadways migrating to residential front yards, being tracked into 
houses and inhaled and/or ingested by children; wheel balancing weights 
and/or particles swept up by municipal street cleaners being 
incinerated, leading to increased levels of lead in air; wheel 
balancing weights and/or particles swept up by municipal street 
cleaners and land

[[Page 34345]]

filled, leading to increased levels of lead in ground water; vapors 
from home smelting of used wheel balancing weights obtained from gas 
stations and small tire retailers; wheel balancing weights left on cars 
that may be collected and burned in electric arc furnaces, releasing 
lead vapor and particulate matter to the air; releases associated with 
auto shredder activities (e.g., residues released to air or water); and 
releases from roadways to streams resulting in potential exposures to 
aquatic and terrestrial species.
    <bullet> Quantitative or anecdotal information on the current 
availability and suitability of lead-free wheel balancing weights as 
alternatives, in both original equipment and aftermarket settings, 
particularly any comparisons between lead-free and lead wheel balancing 
weights in terms of price, ease of installation, durability, and other 
attributes of performance and suitability.
    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 100B-03/001), referred to as the 
``Assessment Factors Document.'' The ``Assessment Factors Document'' 
was published in the Federal Register issue of July 1, 2003 (68 FR 
39086) (FRL-7520-2) and is available on-line at http://www.epa.gov/osa/spc/assess.htm.

List of Subjects

    Environmental protection, lead, wheel balancing weights, zinc.


    Dated: July 6, 2009.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E9-16815 Filed 7-14-09; 8:45 am]
BILLING CODE 6560-50-S


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