2010 Fall Meeting of the Ozone Transport Commission, 58378-58379 [2010-23994]
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
number EPA–HQ–OPPT–2010–0681.
All documents in the docket are listed
in the docket index available at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Confidential
Business Information (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
https://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
legal 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.
srobinson on DSKHWCL6B1PROD with NOTICES
II. Background
A. What is a TSCA section 21 petition?
Under section 21 of TSCA (15 U.S.C.
2042), any person can petition EPA to
initiate a rulemaking 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 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 the Agency does
not resolve the petition, 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
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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
generally relies on the standards in
TSCA section 21 and in the provisions
under which actions have been
requested to evaluate petitions.
However, because of the absence of legal
authority under TSCA to grant the
petitioners’ first request, this request
was resolved without reaching the
factual argument set forth by the
petitioners. The request was denied
based on the scope of EPA’s statutory
authority.
2602(2)(B)(v). Section 4181 imposes a
tax on firearms, shells and cartridges. 26
U.S.C. 4181. Bullets and shot, and any
lead within them, are contained in
shells and cartridges and are therefore
excluded from the chemical substance
definition. In addition, EPA’s plain
reading of TSCA is consistent with
EPA’s long-standing interpretation of
TSCA’s definition of ‘‘chemical
substance’’ and with the purpose of the
exemption.
C. Summary of TSCA Section 21
Petition Received
On August 3, 2010, Center for
Biological Diversity, American Bird
Conservancy, Association of Avian
Veterinarian, Project Gutpile and Public
Employees for Environmental
Responsibility filed a petition under
TSCA section 21 requesting that EPA
prohibit under TSCA section 6(a) the
manufacture, processing, and
distribution in commerce of (1) lead
bullets and shot; and (2) lead fishing
sinkers. The petition asserts that EPA
has the authority to regulate lead in
bullets and shot because ‘‘lead shot and
bullets are properly classified as
‘chemical substances’ subject to TSCA
regulation.’’ (Ref. 1, pp. 57–58).
1. American Bird Conservancy, Petition to
the Environmental Protection Agency to Ban
Lead Shot, Bullets and Fishing Sinkers under
the Toxic Substances Control Act. August 3,
2010.
III. Disposition of the Request With
Respect to Lead in Bullets and Shot
On August 27, 2010, EPA denied the
first request due to a lack of authority
to regulate lead in bullets and shot
under TSCA. EPA’s decision is based on
the exclusion of firearms, shells and
cartridges from the definition of
‘‘chemical substance’’ in TSCA section
3(2)(B)(v). This exclusion functions to
carve out a discrete set of substances
from regulation under TSCA: those used
in firearms and ammunition. This plain
reading of the statute is consistent with
EPA’s longstanding interpretation of the
six TSCA exclusions at TSCA section
3(2)(B).
The statutory definition of ‘‘chemical
substance’’ excludes ‘‘any article the sale
of which is subject to the tax imposed
by section 4181 of the Internal Revenue
Code of 1986 (26 U.S.C.A. 4181)
(determined without regard to any
exemptions from such tax provided by
section 4182 or 4221 or any other
provision of such code).’’ 15 U.S.C.
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V. Further Consideration of the Request
With Respect to Lead in Fishing Sinkers
EPA is still considering the second
request contained in the August 3, 2010
petition and will respond to that portion
of the petition within the 90-day period
provided in section 21 of TSCA.
VI. References
List of Subjects
Environmental protection, Bird, Lead,
Lead bullets, Lead fishing sinkers, Lead
shot.
Dated: September 21, 2001.
Steve A. Owens,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2010–24025 Filed 9–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
2010 Fall Meeting of the Ozone
Transport Commission
Environmental Protection
Agency (EPA).
ACTION: Notice of meeting.
AGENCY:
The United States
Environmental Protection Agency is
announcing the 2010 Fall Meeting of the
Ozone Transport Commission (OTC).
This OTC meeting will explore options
available for reducing ground-level
ozone precursors in a multi-pollutant
context. The Commission will be
evaluating potential measures and
considering actions in areas such as
performance standards for electric
generating units (EGUs) on high electric
demand days, oil and gas boilers serving
EGUs, small natural gas boilers,
stationary generators, energy security/
energy efficiency, architectural
industrial and maintenance coatings,
consumer products, institution
SUMMARY:
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
commercial and industrial (ICI) boilers,
vapor recovery at gas stations, large
above ground storage tanks, seaports,
aftermarket catalysts, lightering, and
non-road idling.
DATES: The meeting will be held on
November 10, 2010 starting at 9 a.m.
and ending at 4 p.m.
Location: Sheraton Boston, 39 Dalton
Street, Boston, Massachusetts 02199;
(617) 236–2000 or (888) 627–7054.
FOR FURTHER INFORMATION CONTACT: For
documents and press inquiries contact:
Ozone Transport Commission, 444
North Capitol Street, NW., Suite 638,
Washington, DC 20001; (202) 508–3840;
e-mail: ozone@otcair.org; Web site:
https://www.otcair.org.
SUPPLEMENTARY INFORMATION: The Clean
Air Act Amendments of 1990 contain at
Section 184 provisions for the Control of
Interstate Ozone Air Pollution. Section
184(a) establishes an Ozone Transport
Region (OTR) comprised of the States of
Connecticut, Delaware, Maine,
Maryland, Massachusetts, New
Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont,
parts of Virginia and the District of
Columbia. The purpose of the OTC is to
deal with ground-level ozone formation,
transport, and control within the OTR.
Type of meeting: Open.
Agenda: Copies of the final agenda
will be available from the OTC office
(202) 508–3840; by e-mail:
ozone@otcair.org or via the OTC Web
site at https://www.otcair.org.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010–23994 Filed 9–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9205–4]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of
Lewiston, ME and the Auburn, Maine
Water District
Environmental Protection
Agency (EPA).
ACTION: Notice.
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY:
The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
SUMMARY:
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to the City of Lewiston, Maine and the
Auburn, Maine Water District (‘‘AuburnLewiston’’) for the purchase of thirteen
separate types of ductile iron pipe
fittings (with various quantities for each
individual fitting configuration totaling
33 fittings) that are foreign
manufactured as part of an upgrade
project at the Auburn-Lewiston Water
Treatment Facility. This is a project
specific waiver and only applies to the
use of the specified product for the
ARRA project being proposed. Any
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on project
specific circumstances. Based upon
information submitted by AuburnLewiston, it has been determined that
there are currently no domestically
manufactured pipe fittings available to
meet the Auburn-Lewiston’s project
construction schedule. The Regional
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception to
Section 1605 of ARRA. This action
permits the purchase of foreign
manufactured pipe fittings by AuburnLewiston, as specified in its July 28,
2010 request.
DATES: Effective Date: September 15,
2010.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a project waiver of the
requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the City of Lewiston,
Maine and the Auburn, Maine Water
District for the purchase of foreign
manufactured pipe fittings as part of its
water treatment facility upgrade project.
The specific ductile iron fittings are not
available from a domestic manufacturer
to meet the project construction
schedule. Section 1605 of the ARRA
requires that none of the appropriated
funds may be used for the construction,
alteration, maintenance, or repair of a
public building or a public works
project unless all of the iron, steel, and
manufactured goods used in the project
is produced in the United States, or
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58379
unless a waiver is provided to the
recipient by the head of the appropriate
agency, here the EPA. A waiver may be
provided if EPA determines that (1)
applying these requirements would be
inconsistent with the public interest; (2)
iron, steel, and the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) inclusion of
iron, steel, and the relevant
manufactured goods produced in the
United States will increase the cost of
the overall project by more than 25
percent.
Consistent with the direction of the
OMB Guidance at 2 CFR 176.120, EPA
will generally regard waiver requests
with respect to components that were
specified in the bid solicitation or in a
general/primary construction contract as
‘‘late’’ if submitted after the contract
date. However, in this case EPA has
determined that the Auburn-Lewiston’s
request, though made after the date that
the contract was signed on March 11,
2010, can be evaluated as timely
because the supplier informed the
subcontractor of the recipient on July
19, 2010 that the domestic manufacturer
would not be able to deliver the
required type and number of fittings to
meet the project schedule/delivery date.
The need for a waiver was not
determined until after the subcontractor
had been informed of the extended
delivery delay and further research
indicated that there were no domestic
manufacturers that could provide the
necessary pipe fittings to meet the
required project delivery schedule. The
recipient could not reasonably foresee
the need for such a determination until
it was informed that the specific
domestic pipe fittings would not be
available at the originally scheduled
time frame. Accordingly, EPA will
evaluate the request as if it were timely.
Auburn-Lewiston is constructing a
new Ultraviolet (UV) disinfection
treatment facility in order to comply
with the Long Term 2 Enhanced Surface
Water Treatment Rule requirements of
the Safe Drinking Water Act, and part of
the work involves the installation of
new pipe and pipe fittings. According to
information provided by AuburnLewiston, there are 13 different fitting
types of various sizes and connection
types, resulting in a total of 33
individual fittings. The fittings are also
required to meet the following
specifications: (1) Manufactured to
conform with ANSI/AWWA A21.51/
C151; (2) inside bituminous coating; and
(3) outside primer of TNEMEC
Omnithane Series 1.
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]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58378-58379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9206-6]
2010 Fall Meeting of the Ozone Transport Commission
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency is
announcing the 2010 Fall Meeting of the Ozone Transport Commission
(OTC). This OTC meeting will explore options available for reducing
ground-level ozone precursors in a multi-pollutant context. The
Commission will be evaluating potential measures and considering
actions in areas such as performance standards for electric generating
units (EGUs) on high electric demand days, oil and gas boilers serving
EGUs, small natural gas boilers, stationary generators, energy
security/energy efficiency, architectural industrial and maintenance
coatings, consumer products, institution
[[Page 58379]]
commercial and industrial (ICI) boilers, vapor recovery at gas
stations, large above ground storage tanks, seaports, aftermarket
catalysts, lightering, and non-road idling.
DATES: The meeting will be held on November 10, 2010 starting at 9 a.m.
and ending at 4 p.m.
Location: Sheraton Boston, 39 Dalton Street, Boston, Massachusetts
02199; (617) 236-2000 or (888) 627-7054.
FOR FURTHER INFORMATION CONTACT: For documents and press inquiries
contact: Ozone Transport Commission, 444 North Capitol Street, NW.,
Suite 638, Washington, DC 20001; (202) 508-3840; e-mail:
ozone@otcair.org; Web site: https://www.otcair.org.
SUPPLEMENTARY INFORMATION: The Clean Air Act Amendments of 1990 contain
at Section 184 provisions for the Control of Interstate Ozone Air
Pollution. Section 184(a) establishes an Ozone Transport Region (OTR)
comprised of the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, parts of Virginia and the District of Columbia. The
purpose of the OTC is to deal with ground-level ozone formation,
transport, and control within the OTR.
Type of meeting: Open.
Agenda: Copies of the final agenda will be available from the OTC
office (202) 508-3840; by e-mail: ozone@otcair.org or via the OTC Web
site at https://www.otcair.org.
Dated: September 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-23994 Filed 9-23-10; 8:45 am]
BILLING CODE 6560-50-P
