Notice2024-09031
Response to Petition To Classify Discarded Polyvinyl Chloride as RCRA Hazardous Waste
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2024
Effective
April 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is responding to a rulemaking petition from the Center for Biological Diversity requesting that discarded polyvinyl chloride be listed as a hazardous waste under the Resource Conservation and Recovery Act. The Agency published a tentative denial of the rulemaking petition on January 12, 2023. Today, after review of the public comments, EPA is affirming that decision. The petition is denied.
Full Text
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<title>Federal Register, Volume 89 Issue 82 (Friday, April 26, 2024)</title>
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[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32416-32421]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09031]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2022-0971; FRL-10181-02-OLEM]
Response to Petition To Classify Discarded Polyvinyl Chloride as
RCRA Hazardous Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final petition response.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
responding to a rulemaking petition
[[Page 32417]]
from the Center for Biological Diversity requesting that discarded
polyvinyl chloride be listed as a hazardous waste under the Resource
Conservation and Recovery Act. The Agency published a tentative denial
of the rulemaking petition on January 12, 2023. Today, after review of
the public comments, EPA is affirming that decision. The petition is
denied.
DATES: This final action is effective on April 26, 2024.
FOR FURTHER INFORMATION CONTACT: Daniel Lowrey, Materials Recovery and
Waste Management Division, Office of Resource Conservation and
Recovery, (5304T), Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460; telephone number: 202-566-1015; email
address: <a href="/cdn-cgi/l/email-protection#93fffce4e1f6eabdf7f2fdfaf6ffd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="5c30332b2e392572383d323539301c392c3d723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. List of Abbreviations and Acronyms
D. What action is the EPA taking?
E. What is the EPA's authority for taking this action?
F. What are the incremental costs and benefits of this action?
II. Background
A. Background on Polyvinyl Chloride
B. How is the EPA addressing discarded polyvinyl chloride?
C. Regulatory Background
III. Petition for Rulemaking, EPA's Tentative Denial, and Comments
Received
A. Summary of the Petitioner's Requested Changes and EPA's
Tentative Denial
B. Summary of Comments Received
IV. Reasons for EPA's Final Denial of the Petition
V. References
I. General Information
A. Does this action apply to me?
The Agency is not proposing any regulatory changes at this time.
Entities that may be interested in this denial of the petition include
any facility that manufactures, uses, or generates as waste any
materials containing polyvinyl chloride (PVC) or its components. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. How can I get copies of this document and other related information?
1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OLEM-2022-0971. Publicly available docket
materials are available either electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays). For further information on the EPA
Docket Center services and the current status, see: <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
2. Electronic Access. You may access this Federal Register document
electronically from <a href="https://www.federalregister.gov/documents/current">https://www.federalregister.gov/documents/current</a>.
C. List of Abbreviations and Acronyms
CBD Center for Biological Diversity
BBP Butyl benzyl phthalate
DBP Dibutyl phthalate
DEP Diethyl phthalate
DEHP Diethylhexyl phthalate
DIDP Diisodecyl phthalate
DINP Diisononyl phthalate
DMP Dimethyl phthalate
DnOP Di-n-octyl phthalate
EPA Environmental Protection Agency
L liter
mg milligram
PVC Polyvinyl chloride
RCRA Resource Conservation and Recovery Act
TC Toxicity characteristic
TCLP Toxicity characteristic leaching procedure
D. What action is the EPA taking?
The EPA is providing notice of and finalizing its denial of CBD's
2014 rulemaking petition concerning the regulation of discarded
polyvinyl chloride (PVC) and associated chemical additives under the
Resource Conservation and Recovery Act (RCRA). With this action, the
Agency is also publishing its response to public comments on the
tentative denial.
E. What is the EPA's authority for taking this action?
On July 24, 2014, the Center for Biological Diversity (CBD)
petitioned the EPA to list discarded PVC as a hazardous waste under
RCRA (``Petition''). The Agency is responding to this Petition for
rulemaking pursuant to 42 U.S.C. 6903, 6921 and 6974, and EPA's
implementing regulations at 40 CFR part 260.20, 261.3, 261.10, and
261.11. Authority for the identification and listing of hazardous
wastes is granted pursuant to 42 U.S.C. 6903 and 6921, and implementing
regulations 40 CFR parts 260 and 261.
F. What are the incremental costs and benefits of this action?
As this action proposes no regulatory changes, this action will
have neither incremental costs nor benefits.
II. Background
A. Background on Polyvinyl Chloride
PVC is one of the most common plastics, used in a variety of
applications--primarily in the construction industry, but also in
packaging and consumer goods (OECD 2022). PVC is formed from the
polymerization of vinyl chloride monomer and additives. Additives
include stabilizers that limit degradation from sources such as oxygen,
heat, light, and flame, and plasticizers that make the PVC more
flexible.
All PVC contains stabilizers. Some PVC contains stabilizers
containing metals such as barium, cadmium, and/or lead. Other PVC
contains stabilizers based on calcium, zinc, and/or tin (Hahladakis et
al. 2018; European Commission 2022).
PVC may contain plasticizers, with the concentration and identity
of plasticizers varying widely based on the desired properties of the
final material. Plasticizers that are phthalates include but are not
limited to: di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP),
diethyl phthalate (DEP), dimethyl phthalate (DMP), di-n-octylphthalate
(DnOP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP) and
diisodecyl phthalate (DIDP) (Hahladakis et al. 2018; Czoga[lstrok]a,
Pankalla, and Turczyn 2021). Other plasticizers that are not phthalates
include adipates and trimellitates. Rigid forms of PVC contain little
to no plasticizers while more flexible forms require the addition of
more plasticizers.
It is difficult to determine the proportion of PVC products that
contain plasticizers because PVC manufacturers and PVC product
manufacturers are not generally required to report this information.
Typically, plasticizers constitute from zero up to about 50 percent of
the product by weight, although higher concentrations have been
reported (Hahladakis et al. 2018; Kim et al. 2020; European Commission
2022). Voluntary data from 2000 indicates at least two thirds of PVC is
of rigid grades that do not typically contain any amount of
plasticizers (Borrelli et al. 2005).
B. How is the EPA addressing discarded PVC?
Separate from the Petition and EPA's action on it, the EPA
regulates the management of solid waste, including discarded plastics
such as PVC, under RCRA. EPA has established different standards for
units accepting different types of non-hazardous waste, see 40
[[Page 32418]]
CFR parts 257-258, and RCRA generally prohibits non-compliant ``open
dumping'' of non-hazardous solid waste. 42 U.S.C. 6945(a).
The EPA Strategic Plan of 2022-2026 (U.S. EPA 2022) sets forth
priorities to reduce waste and prevent environmental contamination
(Objective 6.2) including that ``EPA will administer grant programs to
improve Tribal, state, and local solid waste management programs and
infrastructure and education and outreach on waste prevention. EPA also
will address land-based contributions to the mismanagement of post-
consumer materials and plastic waste.'' Further information about the
management of discarded plastic, including discarded PVC, can be found
at <a href="https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/advancing-sustainable-materials-management">https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/advancing-sustainable-materials-management</a>.
The EPA Strategic Plan also sets priorities to protect and restore
waterbodies and watersheds (Objective 5.2) including that ``EPA also
will engage in both domestic and international partnerships to support
trash pollution prevention programs, recycling efforts in rural and
suburban communities, and waterfront revitalization'' and that EPA will
``[i]mplement programs to prevent or reduce nonpoint source pollution,
including nutrients and plastic pollution.'' Further information about
the EPA's actions on plastic pollution in bodies of water, including
marine plastic pollution as directed by the Save Our Seas 2.0 Act of
2020 (Pub. L. 116-224) signed into law in December 2020, can be found
at <a href="https://www.epa.gov/trash-free-waters/trash-free-waters-projects">https://www.epa.gov/trash-free-waters/trash-free-waters-projects</a>
(EPA 2024a).
In April of 2023 the EPA released for public comment and peer
review a draft national strategy to prevent plastic pollution (EPA
2023). Proposed actions from the draft national strategy to prevent
plastic pollution (EPA 2024b) include to:
<bullet> Reduce the production and consumption of single-use,
unrecyclable, or frequently littered plastic products.
<bullet> Minimize pollution across the life cycle of plastic
products.
<bullet> Increase public understanding of the impact of plastic
mismanagement and how to appropriately manage plastic products and
other waste.
<bullet> Identify and implement policies, programs, technical
assistance, and compliance assurance actions that effectively prevent
trash/microplastics from getting into waterways or remove such waste
from waterways once it is there.
C. Regulatory Background
EPA defines hazardous waste for purposes of the RCRA hazardous
waste regulations in 40 CFR 261.3. There are three ways by which a
solid waste may be listed as hazardous waste under the RCRA hazardous
waste regulations. See 40 CFR 261.11(a). Two of these are relevant to
the Petition: 40 CFR 261.11(a)(1) and (a)(3).
A solid waste may be listed as a hazardous waste pursuant to 40 CFR
261.11(a)(1) if it ``exhibits any of the characteristics of a hazardous
waste.'' The four characteristics of a hazardous waste are found in 40
CFR 261.21-24. The most relevant to the Petition is the toxicity
characteristic, found in 40 CFR 261.24. A solid waste exhibits the
characteristic of toxicity if it leaches specified toxic contaminants
in the toxicity characteristic leaching procedure (TCLP) in excess of
the regulatory limit listed in Table 1 of 40 CFR 261.24. See 40 CFR
261.24(a).
A solid waste may be listed as a hazardous waste pursuant to
261.11(a)(3) if ``it contains any of the toxic constituents listed in
Appendix VIII [to 40 CFR part 261],'' and the Administrator concludes,
after considering eleven factors, that it ``is capable of posing a
substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported or disposed
of, or otherwise managed.'' 40 CFR 261.11(a)(3). EPA lists hazardous
constituents on Appendix VIII to 40 CFR part 261.
Pursuant to 42 U.S.C. 6974, any person may petition the
Administrator to conduct a RCRA rulemaking, including requesting a
listing of a hazardous waste. EPA's regulations require that ``[a]fter
evaluating all public comments the Administrator will make a final
decision [on the petition] by publishing in the Federal Register a
regulatory amendment or a denial of the petition.'' 40 CFR 260.20(e).
The regulations require that every petition must include ``a statement
of the need and justification for the proposed action, including any
supporting tests, studies, or other information.'' 40 CFR 260.20(b)(4).
While 40 CFR 260.20 does not provide specific information requirements
for hazardous waste listing petitions, EPA has clarified that the
information relevant to the listing criteria set forth in 261.11(a) is
useful for petitioners to include in such a petition. See 45 FR 33070.
Therefore, when a petition requesting a listing of a substance as a
hazardous waste, as supplemented by the public comments, provides
insufficient information to consider all of the relevant listing
criteria under 261.11(a), EPA is not required to grant the petition and
may deny the petition as a matter of its discretion for having provided
an insufficient justification as required by 260.20(b)(4). EPA's
discretion under 260.20 includes the choice of whether to pursue a
matter beyond what is provided in the petition and any subsequent
public comments, where they fail to provide sufficient indicia of a
hazard to human health or the environment.
III. Petition for Rulemaking, EPA's Tentative Denial, and Comments
Received
A. Summary of the Petitioner's Requested Changes and EPA's Tentative
Denial
On July 24, 2014, the Center for Biological Diversity (CBD)
petitioned the EPA to ``promulgate regulations governing the safe
treatment, storage and disposal of PVC, vinyl chloride and associated
dialkyl- and alkylarylesters of 1,2-benzenedicarboxylic acid, commonly
known as phthalate plasticizers.'' In doing so, CBD requested that
discarded PVC be listed as a hazardous waste, which would require a
narrative listing of discarded PVC from non-specific sources be added
to the ``F'' list under 40 CFR 261.31.
On January 12, 2023, the Agency published a tentative denial of the
Petition. In the denial, the Agency explained that petitioners had not
provided sufficient evidence to support a listing of discarded PVC as a
RCRA hazardous waste as the Petition did not provide sufficient
information that discarded PVC, under current waste management
practices, ``present[s] a substantial present or potential hazard to
human health or the environment when solid waste is improperly treated,
stored, transported or disposed of, or otherwise managed (40 CFR
261.11).'' Rather, much of the information provided in the Petition
concerned potential exposures during the use of PVC as a product. Based
on the information provided in the Petition, the Agency proposed to
determine that a listing of discarded PVC was unwarranted at this time.
B. Summary of Comments Received
The Agency received public comments on the tentative denial during
the 30-day comment period that ran from January 12, 2023, through
February 13, 2023. On February 23, 2023, after the comment period had
closed, the
[[Page 32419]]
Agency received a request to extend the comment period for an
additional thirty days following the train derailment in East
Palestine, Ohio. The Agency chose not to reopen the comment period
because the release in East Palestine, Ohio did not have a direct
bearing on the Petition. Furthermore, the Agency had entered into a
consent decree with the Center for Biological Diversity (see docket
EPA-HQ-OGC-2022-0406) in which the EPA had committed to sign the final
determination on the Petition by April 12, 2024 (which the parties
subsequently stipulated to extend to April 26, 2024). The requested
extension of the comment period could have interfered with meeting that
commitment.
The Agency received 4,543 comments on the tentative denial. 63
comments supported the tentative denial, including 2 letter writing
campaigns representing approximately 52 of the comments, with 10
substantive and distinct comments. 4,480 comments were opposed to the
denial, including a letter writing campaign covering approximately 4464
of the comments, with 3 substantive and distinct comments.
The comments supporting the tentative denial largely echoed the
language of EPA's tentative denial, including the lack of evidence in
the Petition that discarded PVC meets the 40 CFR 261.11 listing
criteria, Agency discretion, the variable composition of PVC, other EPA
efforts addressing plastic pollution, and the existing regulations on
landfills, incinerators, and toxic contaminants. These commenters also
cited recent EPA actions under the Toxic Substances Control Act (TSCA)
related to the risk evaluations of vinyl chloride and phthalates and
noted that the studies provided by the petitioner related to direct
phthalate exposure which, the commenters argued, cannot substitute for
evidence of potential exposure or effects from discarded PVC.
Additional comments expressed concern about the potential regulatory
burden and/or complexity of complying with the changes requested by the
Petition, particularly with regard to generator status, regulated
medical waste, and recycling/sustainability efforts.
The comments opposed to the denial of the Petition echoed the
language of CBD's petition, expressing concern about potential releases
of toxic constituents during the manufacture, use, and disposal of PVC.
Specific concerns regarding disposal of PVC included plastic pollution
and its effect on the environment, the scope of existing regulations,
presence in landfills and incinerators, and potential release of
hazardous constituents from landfill leachate and incineration.
Commenters expressed concern about the potential toxicity of discarded
PVC resin apart from any consideration of additives (i.e., phthalate
plasticizers and metals from heat stabilizers). Additionally, the
petitioner submitted 30 additional scientific studies as support.
Responses to specific comments may be found in the response to
comments document published separately in this docket.
IV. Reasons for EPA's Final Denial of the Petition
Pursuant to 40 CFR 260.20, the Petition, as supplemented by public
comments, must provide sufficient information to justify the listing of
discarded PVC as a hazardous waste. The Petition and public comments
fail to do so.
The Petition does not specifically request that EPA list discarded
PVC as a hazardous waste pursuant to 40 CFR 261.11(a)(1). However, it
does provide some information that could be construed as relevant to a
request for such a listing. The Petition does specifically request that
EPA conduct a hazardous waste listing pursuant to 40 CFR 261.11(a)(3).
Accordingly, EPA has considered information to be relevant to the
Petition if it is relevant to either 261.11(a)(1) or (a)(3). EPA
proposed to deny the Petition based on the lack of information provided
by Petitioners. After considering public comment on the tentative
denial, EPA concludes that the Petition, even as supplemented by the
information received through the public comment period, still provides
insufficient information to justify a listing of discarded PVC as a
hazardous waste at this time under either 261.11(a)(1) or 261.11(a)(3).
With respect to 40 CFR 261.11(a)(1), the Petition states that PVC
may contain any of the following hazardous contaminants found in Table
1 of 40 CFR 261.24: vinyl chloride monomer (D043), barium (D005),
cadmium (D006), and lead (D008). Under EPA's regulations, a solid waste
exhibits the hazardous waste characteristic of toxicity (TC) when the
values in Method 1311 (TCLP) exceed 0.2 milligrams per liter (mg/L),
100 mg/L, 1 mg/L, and 5 mg/L, respectively, for these contaminants.
However, the Petition and comments are insufficient because they do not
provide evidence that discarded PVC leaches these hazardous
contaminants in excess of their TC regulatory levels. Additionally, EPA
is also aware of at least one study suggesting that discarded PVC may
not exhibit the hazardous waste characteristic of toxicity for vinyl
chloride. Specifically, a survey of American vinyl producers conducted
in 2000 found concentrations of residual vinyl chloride monomer to be
too low to exceed the vinyl chloride TC regulatory level (Borrelli et
al. 2005). That is, the study found that residual vinyl chloride
concentrations were less than twenty times the TC regulatory level for
vinyl chloride (20 x 0.2 mg/L = 4 mg/L), which according to agency
guidance may be classified as non-hazardous with respect to the
presence of vinyl chloride without having to conduct a TCLP test
(<a href="https://www.epa.gov/hw-sw846/hazardous-waste-characteristics#question23">https://www.epa.gov/hw-sw846/hazardous-waste-characteristics#question23</a>). Therefore, given the insufficient
information to determine whether hazardous contaminants in discarded
PVC exceed their TC regulatory levels, EPA denies the Petition to the
extent it requests a listing under 40 CFR 261.11(a)(1).
With respect to 40 CFR 261.11(a)(3), the Petition does provide some
evidence that discarded PVC may contain one or more toxic constituents
listed in Appendix VIII. Specifically, petitioner provided evidence
that discarded PVC contains residual vinyl chloride monomer, and may
contain barium, cadmium, lead, DEHP, DBP, DEP, DMP, DnOP, and BBP.
Nevertheless, the Petition, even as supplemented by the information
received through the public comment period, does not provide sufficient
information that discarded PVC is ``capable of posing a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported or disposed of, or otherwise
managed'' based on the eleven factors provided in 40 CFR 261.11(a)(3).
40 CFR 261.11(a)(3). To determine whether discarded PVC meets the
261.11(a)(3) criteria, EPA must consider eleven factors. The discussion
below focusses on factors (ii), (iii), (vii), and (ix), detailing how
the Petition and comments received provide insufficient information
relevant to these criteria. Petitioner's failure to provide compelling
information on these factors is sufficient to support EPA's final
denial. EPA is not relying on an evaluation of, and does not intend to
imply the sufficiency of, the evidence provided to support the other
factors.
EPA received mixed information relevant to factor (ii). Factor (ii)
specifies that EPA will consider the concentration of the Appendix VIII
constituent in the waste. The petitioner
[[Page 32420]]
provided some evidence that discarded PVC may contain residual vinyl
chloride monomer, and that the following toxic constituents may be
present due to additives: barium, cadmium, lead, DEHP, DBP, DEP, DMP,
DnOP, and BBP. To support this, petitioner claimed that barium, cadmium
and lead additives are often present in PVC. Petitioner also made
generalized claims from a number of limited sources that the listed
phthalates are often used by the PVC industry and may constitute up to
eighty percent by weight of certain PVC products. However, EPA also
received public comments explaining that all of the toxic constituents
that petitioners describe have been largely phased out of PVC in the
United States over decades, such that, for example, less than 9 percent
of new PVC contains any phthalates (including phthalates not listed on
Appendix VIII), and the concentration of residual vinyl chloride
monomer may be so low as to not be detectable (Vinyl Institute 2023 p
4, 13-14). Given the conflicting information on the prevalence and
concentrations constituents in PVC, EPA has determined that the
Petition and comments received provide insufficient information to
consider the concentration of Appendix VIII constituents in discarded
PVC.
EPA received insufficient information relevant to factor (vii).
Factor (vii) specifies that EPA will consider plausible types of
improper management to which discarded PVC could be subjected. In
evaluating this factor, EPA does not consider spills, accidents, or
other unlikely scenarios. See Dithiocarbamate Task Force v. EPA, 98
F.3d 1394, 1400-1401 (D.C. Cir. 1996); 63 FR 64383. Rather, EPA
considers the current management practices for the waste at-issue and
must identify ``some factual support for a conclusion that a particular
mismanagement scenario is plausible.'' Dithiocarbamate Task Force at
1400. The Petition relies on the presence of plastic pollution and
evidence of phthalate exposure as evidence that mismanagement of
discarded PVC has occurred and characterizes--without further
elaboration--a limited number of sources for the proposition that
marine pollution results from flawed waste management techniques.
These claims are insufficiently supported in several respects.
First, management of discarded PVC depends on the type and source of
PVC, but may include disposal in construction and demolition landfills,
municipal solid waste landfills, or incineration as municipal solid
waste. The Petition fails to distinguish between the management
practices applicable to the different sources of this PVC waste,\1\ and
therefore, fails to properly identify potential improper management
scenarios, or evaluate their plausibility. Second, the Petition fails
to explain what amount of plastic pollution, including marine litter,
can be attributed to PVC, as opposed to other forms of plastic. Third,
the Petition also fails to explain the extent that this pollution has
resulted from mismanagement of discarded PVC, as opposed to other
sources such as uncontrolled litter or product use that occurs outside
of the current waste management regime.\2\ For all of these reasons,
the Petition and comments received provide insufficient evidence for
EPA to consider the plausible types of improper management to which
discarded PVC could be subjected.
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\1\ For example, as noted in unit II.B. of this notice,
different federal standards apply to different classifications of
non-hazardous waste landfills.
\2\ See Figure 10 of OECD 2022 for sources of aquatic plastic
including product use; See also Table 8 of U.S. EPA 2020, which
shows that discarded PVC is less than 3% of the plastic in municipal
solid waste.
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EPA also received insufficient information relevant to factors
(iii) and (ix). Factor (iii) specifies that EPA will consider the
potential of the constituent or any toxic degradation product of the
constituent to migrate from the waste into the environment under the
types of improper management considered in factor (vii); and factor
(ix) specifies that EPA will consider the nature and severity of the
human health and environmental damage that has occurred as a result of
the improper management of wastes containing the constituent(s). Both
of these factors require consideration of plausible mismanagement
scenarios. However, as explained above, EPA received insufficient
information about the plausible types of mismanagement to which
discarded PVC could be subjected. The Petition and comments provided
information about potential exposures from the use of PVC products.
However, they did not explain why the information is germane to
evaluating the potential of the constituent or any toxic degradation
product of the constituent to migrate from waste (i.e., discarded PVC)
into the environment under the particular environments found in waste
management scenarios. Nor did they explain how it is relevant to human
health or environmental damage occurring as a result of improper waste
management. Finally, the Petition and comments fail to identify any
cases or situations where substantial human health or environmental
damage has occurred from exposure to hazardous constituents in PVC
resulting from the management of discarded PVC.
As such, the Petition fails to provide enough information to compel
EPA to list discarded PVC as a hazardous waste. Nor do the Petition and
comments include sufficient information of a potential hazard to human
health or the environment that would otherwise justify, in the Agency's
discretion, initiating a rulemaking procedure to supplement the
insufficient information provided in the petition and public comments.
Accordingly, EPA has determined that the Petition, even as supplemented
by the information received through the public comment period, provides
insufficient information to justify granting the petition under 260.20.
The petition is denied.
V. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by the EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document 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. CBD. Petition for Rulemaking Pursuant to Section 7004(a) of the
Resource Conservation and Recovery Act, 42 U.S.C. 6974(A), and
Section 21 of the Toxic Substances Control Act, 15 U.S.C. 2620,
Concerning the Regulation of Discarded Polyvinyl Chloride and
Associated Chemical Additives. July 29, 2014.
2. Borrelli, F., de la Cruz, P., and Paradis, R. 2005. Residual
Vinyl Chloride Levels in U.S. PVC Resins and Products: Historical
Perspective and Update. Journal of Vinyl & Additive Technology, June
2005 65-69. <a href="https://doi.org/10.1002/vnl.20040">https://doi.org/10.1002/vnl.20040</a>.
3. Czoga[lstrok]a, J., Pankalla, E., and Turczyn, R. 2021. Recent
Attempts in the Design of Efficient PVC Plasticizers with Reduced
Migration. Materials (Basel, Switzerland) 14(4): 844. <a href="https://doi.org/10.3390/ma14040844">https://doi.org/10.3390/ma14040844</a>.
4. European Commission, Directorate-General for Environment. 2022.
The use of PVC (poly vinyl chloride) in the context of a non-toxic
environment: final report. Publications Office of the European
Union. <a href="https://data.europa.eu/doi/10.2779/375357">https://data.europa.eu/doi/10.2779/375357</a>.
5. Hahladakis, J., Velis, C., Weber, R., Iacovidou, E., and Purnell,
P. 2018. An overview of chemical additives present in plastics:
Migration, release, fate and environmental impact during their use,
disposal and recycling. Journal of
[[Page 32421]]
Hazardous Materials 344, 179-199. <a href="https://doi.org/10.1016/j.jhazmat.2017.10.014">https://doi.org/10.1016/j.jhazmat.2017.10.014</a>.
6. Kim, D.Y.; Chun, S.-H.; Jung, Y.; Mohamed, D.F.M.S.; Kim, H.-S.;
Kang, D.-Y.; An, J.-W.; Park, S.-Y.; Kwon, H.-W.; Kwon, J.-H.. 2020.
Phthalate Plasticizers in Children's Products and Estimation of
Exposure: Importance of Migration Rate. International Journal of
Environmental Research. and Public Health, 202017(22) 8582. <a href="https://doi.org/10.3390/ijerph17228582">https://doi.org/10.3390/ijerph17228582</a>.
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0028 Attachment 1.
Michael S. Regan,
Administrator.
[FR Doc. 2024-09031 Filed 4-25-24; 8:45 am]
BILLING CODE 6560-50-P
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