Proposed Rule2024-06804
Lead Wheel Weights; Regulatory Investigation Under the Toxic Substances Control Act (TSCA)
Primary source
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Published
April 3, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is requesting comments and information to assist in the potential development of regulations for the manufacture (including importing), processing (including recycling), and distribution in commerce of lead for wheel-balancing weights ("lead wheel weights") under the Toxic Substances Control Act (TSCA). To inform this consideration, EPA is requesting comment and information from all stakeholders on the use and exposure to lead from the manufacture (including importing), processing (including recycling), distribution in commerce, use, and disposal of lead wheel weights, as well as information on their substitutes, to help determine if there is unreasonable risk to human health and the environment associated with this use. This action is relevant to a petition for a writ of mandamus filed in August 2023, by the Ecology Center, Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and Sierra Club in the United States Court of Appeals for the Ninth Circuit requesting the court to direct EPA to conduct a rulemaking regulating lead wheel weights under TSCA.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Proposed Rules]
[Pages 22972-22974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06804]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 751
[EPA-HQ-OPPT-2024-0085; FRL-5398-05-OCSPP]
RIN 2070-AJ64
Lead Wheel Weights; Regulatory Investigation Under the Toxic
Substances Control Act (TSCA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
requesting comments and information to assist in the potential
development of regulations for the manufacture (including importing),
processing (including recycling), and distribution in commerce of lead
for wheel-balancing weights (``lead wheel weights'') under the Toxic
Substances Control Act (TSCA). To inform this consideration, EPA is
requesting comment and information from all stakeholders on the use and
exposure to lead from the manufacture (including importing), processing
(including recycling), distribution in commerce, use, and disposal of
lead wheel weights, as well as information on their substitutes, to
help determine if there is unreasonable risk to human health and the
environment associated with this use. This action is relevant to a
petition for a writ of mandamus filed in August 2023, by the Ecology
Center, Center for Environmental Health, United Parents Against Lead &
Other Environmental Hazards, and Sierra Club in the United States Court
of Appeals for the Ninth Circuit requesting the court to direct EPA to
conduct a rulemaking regulating lead wheel weights under TSCA.
DATES: Comments must be received on or before May 3, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2024-0085, through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting and visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Technical information contact: Sofie Sonner, Existing Chemicals
Risk Management Division (7404M), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 565-2414; email
address: <a href="/cdn-cgi/l/email-protection#41322e2f2f24336f322e272824012431206f262e37"><span class="__cf_email__" data-cfemail="30435f5e5e55421e435f565955705540511e575f46">[email protected]</span></a>.
General information contact: The TSCA Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY 14620; email address: <a href="/cdn-cgi/l/email-protection#e7b3b4a4a6caaf88938b8e8982a7829786c9808891"><span class="__cf_email__" data-cfemail="2b7f78686a0663445f4742454e6b4e5b4a054c445d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including import), process (including recycling), distribute in
commerce, dispose of, or use lead wheel weights, or their substitutes.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
<bullet> Lead Ore and Zinc Ore Mining (NAICS code 212231);
<bullet> Primary Smelting and Refining of Nonferrous Metal (except
Copper and Aluminum) (NAICS code 331419);
<bullet> Secondary Smelting, Refining, and Alloying of Nonferrous
Metal (except Copper and Aluminum) (NAICS code 331492);
<bullet> Lead die-castings, unfinished, manufacturing (NAICS code
331523);
<bullet> Automobile Manufacturing (NAICS code 336111);
<bullet> Light Truck and Utility Vehicle Manufacturing (NAICS code
336112);
<bullet> Heavy Duty Truck Manufacturing (NAICS code 336120);
<bullet> All Other Motor Vehicles Parts Manufacturing (NAICS code
336399);
<bullet> Motorcycle, Bicycle, and Parts Manufacturing (NAICS code
336991);
<bullet> Automobile and Other Motor Vehicle Merchant Wholesalers
(NAICS code 423110);
<bullet> Motor Vehicle Supplies and New Parts Merchant Wholesalers
(NAICS code 423120);
<bullet> Tire and Tube Merchant Wholesalers (NAICS code 423130);
<bullet> Motor Vehicle Parts (Used) Merchant Wholesalers (NAICS
code 423140);
<bullet> New Car Dealers (NAICS code 441110);
<bullet> Used Car Dealers (NAICS code 441120);
<bullet> Recreational Vehicle Dealers (NAICS code 441210);
<bullet> Motorcycle, Boat, and Other Motor Vehicle Dealers (NAICS
code 441220);
<bullet> Automotive Parts and Accessories Stores (NAICS code
441310);
<bullet> Tire Dealers (NAICS code 441320);
<bullet> General Automotive Repair (NAICS code 811111);
<bullet> Other Automotive Mechanical and Electrical Repair and
Maintenance (NAICS code 811118);
<bullet> Automotive Oil Change and Lubrication Shops (NAICS code
811191); and
<bullet> All Other Automotive Repair and Maintenance (NAICS code
811198).
If you have any questions regarding the applicability of this
action, please consult the technical information contact listed under
FOR FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
This action is being taken under the Toxic Substances Control Act,
15 U.S.C. 2601 et seq.
TSCA section 21 allows citizens to petition EPA to initiate a
rulemaking proceeding for the issuance, amendment, or repeal of a rule
under TSCA sections 4, 6, or 8 or an order under TSCA sections 4 or
5(e) through (f). If EPA grants such a petition, the Agency must
promptly commence an appropriate proceeding.
Under TSCA section 6(a), if EPA determines that the manufacture,
processing, distribution in commerce, use, or disposal of a chemical
substance presents an unreasonable risk to human health or the
environment, it must ``apply one or more of the [TSCA section 6(a)]
requirements . . . to the extent necessary so that the chemical
substance . . . no longer presents such risk,'' which may range from
prohibiting or otherwise restricting the manufacturing, processing, or
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distribution in commerce of the chemical substance (or a particular
use), to commercial use requirements or disposal restrictions, to
labeling and recordkeeping.
C. What action is the Agency taking?
Through this ANPRM, EPA is seeking comment and information on
specific issues regarding potential exposure to lead during
manufacturing, processing (including recycling), distribution in
commerce, use, or disposal of lead wheel weights, as well as
information on substitutes for lead wheel weights. This information
will help inform the Agency's determinations regarding potential
unreasonable risk to human health and the environment from exposure to
lead wheel weights. If unreasonable risk is determined, EPA will
initiate a proposed rulemaking under TSCA section 6(a) to address the
unreasonable risk.
D. What are the incremental costs and benefits of this action?
This action does not impose or propose any requirements, and
instead seeks comments and suggestions that will help the Agency
identify whether and to what extent there is a potential need for a
TSCA section 6 rule and/or other administrative action. If EPA decides
to propose a rule, it will conduct the appropriate assessments of the
costs and benefits of those changes and provide opportunities for
public comment.
E. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or email. If you wish to include CBI in your
comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
information that you claim to be CBI. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR
parts 2 and 703.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets.html">https://www.epa.gov/dockets/commenting-epa-dockets.html</a>.
II. Background
A. 2009 TSCA Section 21 Petition
In May 2009, Sierra Club, Ecology Center, and several other non-
governmental organizations submitted a TSCA section 21 petition
requesting EPA ``to establish regulations prohibiting the manufacture,
processing, and distribution in commerce of lead wheel balancing
weights (`wheel weights')'' (Ref. 1). Petitioners raised concerns that
lead wheel weights result in pervasive lead exposure to children. EPA
acknowledged receipt and requested public comment on the petition on
July 15, 2009 (74 FR 34342 (FRL-8424-7)). EPA granted the petition on
August 26, 2009 (Ref. 2). EPA has not issued any regulatory action
relating to this petition since granting the petition.
B. 2023 Writ of Mandamus
In August 2023, Ecology Center, Center for Environmental Health,
United Parents Against Lead & Other Environmental Hazards, and Sierra
Club sought a writ of mandamus in the United States Court of Appeals
for the Ninth Circuit and asked the court to direct EPA to conduct a
rulemaking regulating lead wheel weights under TSCA section 6.
C. What are lead wheel weights?
Wheel weights are small pieces of metal or other material used to
correct imbalances in the weight distribution of motor vehicle tires.
Lead has historically been a primary component of many wheel weights
because of its malleability, high density, and relatively low cost.
These wheel weights can separate from the wheel due to failure of the
adhesive or clip attaching them, or due to impact of the wheel with a
pothole or road debris or during a crash, or due to other chronic and
acute strains. Lead wheel weights that separate from vehicle wheels, or
are not properly disposed of, may be a source of lead exposure to
humans and the environment under various circumstances (Ref. 3), for
example by being ground into fine particles by traffic. Additionally,
there may be lead exposures associated with manufacturing, processing,
distribution, recycling, or disposal of lead wheel weights.
III. Request for Comment and Information
EPA is providing this opportunity for the public to comment on or
provide any additional information relevant to the use of and exposure
to lead from the manufacture (including importing), processing
(including recycling), distribution in commerce, use, and disposal of
lead wheel weights. In order for the Agency to consider such comments,
EPA must receive the comments by the date indicated under DATES. In
particular, EPA seeks information on the following:
1. Quantitative information, data and/or case examples (e.g.,
recent scientific and technical studies, including datasets, analyses
of environmental impacts, and statistical analyses) associated with
lead releases to air, surface water, ground water, soil, dust, and any
other environmental medium (particularly regarding releases within one
mile of roadways, communities near industrial sites, and releases to
sensitive human and ecological populations) from the manufacture,
processing (including recycling), distribution in commerce, use, or
disposal of lead wheel weights.
2. Quantitative information, data and/or case examples (e.g.,
recent scientific and technical studies, including datasets, analyses
of environmental impacts, and statistical analyses) associated with
plastic or metal releases to air, surface water, ground water, soil,
dust, and any other environmental medium (particularly regarding
releases within one mile of roadways, communities near industrial
sites, and releases to sensitive human and ecological populations) from
the manufacture, processing (including recycling), or distribution, of
lead wheel weight alternatives including: steel wheel weights; zinc
alloy wheel weights; plastic metal composite wheel weights; mercury
wheel balancing weights; and tin wheel weights.
3. Quantitative information on the relative and absolute
bioavailability of lead from new and/or weatherized lead wheel weights.
4. Information on potential human and ecological exposure routes
associated with lead releases from the manufacture (including
importing), processing (including recycling), disposal and distribution
in commerce of lead wheel weights, including residential exposures
associated with take-home of lead from occupational sites by workers
who manufacture, process, or dispose of lead wheel weights.
5. Information on the current availability and suitability of lead-
free wheel weights as alternatives, in both original equipment and
aftermarket settings, particularly any comparisons between lead-free
and lead wheel weights in terms of price, ease of installation,
durability, and other attributes of performance and suitability.
6. Information on the comparative lead weight by product and use
rate of lead and lead-free wheel weights, both in original equipment
and aftermarket settings over time, and information on the comparative
use rate of clip-on versus adhesive wheel weights.
7. Information on the chemical composition of lead and lead-free
wheel weights including percentages of lead
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and other constituents by weight, such as zinc and mercury.
8. Quantitative information and data about the volume of lead wheel
weights imported to the United States relative to lead wheel weights
manufactured domestically.
9. Quantitative information and data (e.g., recent scientific and
technical studies, including statistical analyses) on the loss or
failure rate of lead, non-lead, clip-on, and adhesive wheel weights
(i.e., the rate at which wheel weights fall off of vehicle wheels onto
roadways).
10. Quantitative information and data (e.g., recent scientific and
technical studies, including statistical analyses) on the abrasion or
decomposition rate of both clip-on and adhesive lead wheel weights on
roadways, including the rate at which abraded lead dust may migrate to
other media including road dust, soil, and air. Additionally, data on
other mechanisms for removal of wheel weights from roadways including
the rate of wash-out by rainfall, removal by street sweeping, ejection
from the roadway by vehicle impact, etc.
11. Quantitative information and data (e.g., recent scientific and
technical studies, including statistical analyses) on the geographical
distribution of dislodged lead wheel weights in terms of proximity to
population centers (e.g., differences between urban and non-urban
environments) along with information on possible ingestion of lead
wheel weights by children living in these urban centers.
12. Quantitative information and data (e.g., recent scientific and
technical studies, including statistical analyses) relating to
occupational hazards and exposure associated with the
manufacture(including importing), processing (including recycling), and
distribution in commerce of lead wheel weights including workplace lead
exposure from air/inhalation, dust ingestion, dermal contact, potential
take-home exposures and blood lead levels of workers exposed to lead
wheel weights, such as workers at entities outlined above, as well as
transportation construction, management, or maintenance workers (e.g.,
street cleaning, road repair, and auto repair), including those in auto
shops that install and remove lead wheel weights.
13. Information and data (e.g., recent scientific and technical
studies, including statistical analyses) related to hazards and
exposures associated with the collection of and repurposing of lead
wheel weights by home hobbyists, including information related to
practices for at-home melting and lead recasting activities (e.g.,
frequency, duration, quantity of lead melted and recast, temperatures
used, sociodemographic characteristics of the subpopulations engaged in
these practices, as well as the form in which the weights are
repurposed), data on impacts to children's health, and associated
contamination of air, dust, soil, and other environmental media, as
well as contamination on surfaces (e.g., clothes and furniture).
IV. References
The following is a list of the documents that are specifically
referenced in this document. The docket includes these references and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the reference is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. Ecology Center. TSCA Section 21 Petition Requesting EPA to Establish
Regulations Prohibiting the Manufacture, Processing, and Distribution
in Commerce of Lead Wheel Balancing Weights. May 28, 2009. <a href="https://www.epa.gov/sites/default/files/2015-10/documents/petition4.pdf">https://www.epa.gov/sites/default/files/2015-10/documents/petition4.pdf</a>.
2. EPA. EPA Response to TSCA Section 21 Petition. August 26, 2009.
<a href="https://www.epa.gov/sites/default/files/2015-10/documents/document.pdf">https://www.epa.gov/sites/default/files/2015-10/documents/document.pdf</a>.
3. California Environmental Protection Agency Department of Toxic
Substances Control. Wheel Weight Alternatives Assessment. November
2011. <a href="https://dtsc.ca.gov/wp-content/uploads/sites/31/2017/05/AAWheelWeights.pdf">https://dtsc.ca.gov/wp-content/uploads/sites/31/2017/05/AAWheelWeights.pdf</a>.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/regulations/and-executive-orders">https://www.epa.gov/regulations/and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore
not subject to a requirement for Executive Order 12866 review.
B. Other Regulatory Assessment Requirements
Because this action does not impose or propose any requirements,
and instead seeks comments and suggestions for the Agency to consider
in possibly developing a subsequent proposed rule, the various other
review requirements in statutes and Executive Orders that apply when an
agency imposes requirements do not apply to this ANPRM. Should EPA
subsequently determine to pursue a rulemaking, EPA will address the
requirements in the statutes and Executive Orders as applicable to that
rulemaking.
List of Subjects in 40 CFR Part 751
Environmental protection, Chemicals, Export notification, Hazardous
substances, Import certification, Reporting and recordkeeping.
Michael S. Regan,
Administrator.
[FR Doc. 2024-06804 Filed 4-2-24; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.