TSCA Section 21 Petition; Response to Citizens' Petition

ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-211039; FRL-4907-1]

TSCA Section 21 Petition; Response to Citizens' Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Response to citizens' petition.

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SUMMARY: On April 4, 1994, Mr. Mark Truelock (Petitioner), of Del City,

Oklahoma, sent a letter to the Administrator of EPA designated as a

petition under section 21 of the Toxic Substances Control Act (TSCA),

15 U.S.C. 2620. Enclosed with that letter was a copy of an earlier

letter, dated November 26, 1993, also designated as a section 21

Petition. The Petition describes problems Mr. Truelock has experienced

over the years in seeking relief from periodic overflowing of raw

sewage from a drainage ditch adjacent to his house. The problem

described is not amenable to solution by remedies provided by section

21 of TSCA, nor does Petitioner request such action. In December of

1993, in response to earlier correspondence, EPA Region 6 informed

Petitioner of actions already taken under the Clean Water Act to

resolve the problem. Therefore, Petition is denied because no action

authorized under TSCA section 21 has been requested. Specifically,

Petitioner has not sought rulemaking under TSCA section 4, 6, or 8, or

an order under TSCA section 5(e) or 6(b)(2).

FOR FURTHER INFORMATION CONTACT: Edward M. Brooks, Chemical Control

Division (7405), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, Rm. 515A, 401 M St., SW., Washington,

DC 20460, (202) 260-3754.

SUPPLEMENTARY INFORMATION:

I. Statutory Requirements

Section 21 of TSCA provides that any person may petition EPA to

initiate proceedings for issuance of rules under sections 4, 6, and 8

of TSCA. A section 21 petition must set forth facts which the

petitioner believes establish the need for the rules requested. EPA is

required to grant or deny the petition within 90 days. If EPA grants

the petition, the Agency must promptly commence an appropriate

proceeding. If EPA denies the petition, the Agency must publish its

reasons in the Federal Register.

Within 60 days of denial, the petitioner may commence a civil

action in a U.S. district court to compel initiation of the requested

rulemaking. For petition for a new rule or order, the court must

provide opportunity for the petition to be considered de novo. After

hearing the evidence, the court can order EPA to initiate the requested

action.

Relief available under section 21 is limited to initiation of a

proceeding to issue, amend, or appeal a rule under section 4, 6, or 8,

or an order under section 5(e) or 6(b)(2).

II. Description of Petition and Related Events

EPA received an April 4, 1994, letter from Petitioner labeled

``TSCA-21.'' That letter provided no details and requested no action,

but simply asserted that EPA had failed to respond to a Petition on

December 6, 1993. The Agency has no record of correspondence from

Petitioner dated December 6th. The April 4 letter was accompanied by a

second letter, dated November 26, 1993, but first received with the

April letter that is also designated as a TSCA section 21 petition. The

petition does not expressly request any action, but instead recounts

Petitioner's experiences in seeking relief from a chronically

overflowing drainage ditch that runs adjacent to his property line. The

petition also references and notes that EPA had not responded to an

earlier July 14, 1993 letter on the same matter Petitioner had sent to

the EPA Region 6 Office in Dallas, Texas. The July 14 letter chronicled

Petitioner's experiences in seeking relief from the Del City

authorities, stated his intent to be compensated for past damages, and

referred to three sections (308, 309, and 326) of the Clean Water Act.

While neither the section 21 Petition nor the July 14, 1993 letter

request any specific actions from EPA, the Agency believes it is

reasonable to infer from both that Petitioner seeks action to prevent

the drainage ditch from periodically overflowing into his home.

In fact, EPA's Region 6 Office did respond to Petitioner's July

letter on December 7, 1993. That response noted efforts made by EPA,

the Oklahoma Department of Environmental Quality, and Del City to

correct the collection system deficiencies; informed Petitioner that

EPA had issued an Administrative Order in February of 1992, requiring

the Del City Municipal Service Authority to complete construction of

the collection system improvements by the end of 1993 (Docket No. VI-

921246); and concluded by suggesting that Petitioner inform the Del

City Municipal Service Authority and/or EPA if sanitation sewer

overflows occurred after that date, providing specific information on

location(s), date/time(s), and circumstances of such events.

III. Disposition of Petition

The petition is denied because it did not request rulemaking under

TSCA section 4, 6, or 8, or an order under TSCA section 5(e) or

6(b)(2).

The problem described, moreover, is not amenable to those

authorities. Notwithstanding denial of the petition, the Agency has

investigated Petitioner's complaints and provided relief. The problem

described by Petitioner is being addressed by EPA Region 6 under the

Clean Water Act, and Petitioner has been expressly requested to bring

any further occurrences of the problem to the attention of the Del City

Municipal Authority and/or the EPA Regional Office. Petitioner has not

reported on, nor is the Agency aware of, any incidents that have

occurred after December 31, 1993.

IV. Administrative Record

EPA has established a public record of those documents the Agency

considered in reviewing this petition. The record consists of documents

located in the file designated by Docket Number/Administrative Record

Number OPPTS-211039, located at the TSCA Nonconfidential Information

Center NCIC. This docket is available for inspection from 12 noon to 4

p.m., Monday through Friday, except legal holidays, in the TSCA

Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW.,

Washington, DC 20460. The public record consists of all documents in

the OPPTS file and all documents cited in the documents in that file.

List of Subjects

Environmental protection, Citizens petition.

Dated: September 14, 1994.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic

Substances.

[FR Doc. 94-23356 Filed 9-20-94; 8:45 am]

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