Enforceable Consent Agreement Development for Two Cyclic Siloxanes; Solicitation of Interested Parties and Notice of Public Meeting, 31008-31009 [2012-12626]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 31008 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Notices estimated their cost at $28 billion in capital costs plus an additional $2.7 billion dollars per year in perpetuity for operating and maintenance costs (Blue Ribbon Panel 2004). The watershed states of New York, Pennsylvania, Delaware, West Virginia, Virginia, and Maryland, as well as the District of Columbia, have developed Watershed Implementation Plans (WIPs) detailing the steps each will take to meet its obligations under the TMDLs. EPA has begun a new study to estimate costs of compliance with the TMDLs. While these costs may prove high, a multitude of benefits may also be anticipated to arise from restoring the Chesapeake Bay. It is important to put cost estimates in perspective by estimating corresponding benefits. EPA’s National Center for Environmental Economics (NCEE) is undertaking a benefits analysis of improvements in Bay water quality under the TMDLs, as well as of ancillary benefits that might arise from terrestrial measures taken to improve water quality. As part of this analysis, NCEE plans to conduct a broad-based inquiry into benefits using a state-of-the-art stated preference survey. Benefits from the TMDLs for the Chesapeake will accrue to those who live on or near the Bay and its tributaries, as well as to those who live further away and may never visit the Bay but have a general concern for the environment. The latter category of benefits is typically called ‘‘non-use values’’ and estimating the monetary value can only be achieved through a stated preference survey. In addition, a stated preference survey is able to estimate ‘‘use values,’’ those benefits that accrue to individuals who choose to live on or near the Bay or recreate in the watershed. Stated preference surveys allow the analyst to define a specific object of choice or suite of choices such that benefits are defined in as precise a manner as feasible. While use benefits of water quality improvements in the Chesapeake Bay watershed will also be estimated through other revealed preference methods, the stated preference survey allows for careful specification of the choice scenarios and will complement estimates found using other methods. Participation in the survey will be voluntary and the identity of the participants will be kept confidential. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.5 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or VerDate Mar<15>2010 16:31 May 23, 2012 Jkt 226001 for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 1500. Frequency of response: once. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 750 hours. Estimated total annual costs: $ 15,975. This includes estimated respondent burden costs only as there are no capital costs or operating and maintenance costs associated with this collection of information. What is the next step in the process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: May 2, 2012. Al McGartland, Office Director, National Center for Environmental Economics. [FR Doc. 2012–12298 Filed 5–23–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2012–0209; FRL–9351–1] Enforceable Consent Agreement Development for Two Cyclic Siloxanes; Solicitation of Interested Parties and Notice of Public Meeting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA is giving notice of a public meeting to negotiate an enforceable consent agreement (ECA) to collect certain environmental monitoring data on octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5). A private organization has submitted a proposed ECA to EPA. EPA has evaluated the proposal and believes that proceeding with the negotiation of a consent agreement is an efficient means of developing the data, and now solicits additional persons with an interest in participating in the negotiations to notify EPA and announces a public meeting to initiate negotiations. DATES: The meeting to initiate ECA negotiations for D4 and D5 environmental monitoring will be held on Wednesday, June 27, 2012 from 10 a.m. to 1 p.m. While this meeting is open to the public, you must notify EPA in writing on or before June 25, 2012, if you wish to be considered an ‘‘interested party’’ and participate in the ECA negotiations for D4 and D5 environmental monitoring. To request accommodation of a disability, please contact the technical person listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. ADDRESSES: Your written notification that you wish to participate in the ECA negotiation must be submitted to the technical person listed under FOR FURTHER INFORMATION CONTACT. The public meeting to initiate negotiations on an ECA for D4 and D5 will be held at the Environmental Protection Agency, EPA East, Room 1117A, 1201 Constitution Ave. NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: For technical information contact: Robert Jones, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, East Building, 1200 Pennsylvania Avenue NW., Room 4328G, Washington, DC 20460–0001; SUMMARY: E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Notices telephone number: (202) 564–8161, fax number: (202) 564–4765; email address: jones.robert@epa.gov. For general information contact: The TSCA–Hotline, ABVI–Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCAHotline@epa.gov. by Dow Corning, can be found in the public docket for this notice. II. Background III. Solicitation of Interested Parties EPA is soliciting interested parties to monitor or participate in testing negotiations for an ECA concerning D4 and D5 environmental monitoring. The Silicone Environmental Health and Safety Council (SEHSC), the submitter of the ECA proposal for the environmental monitoring of D4 and D5, is already considered an interested party and does not need to respond to this notice. In accordance with 40 CFR 790.22(b), any other person who notifies EPA in writing on or before June 25, 2012 of his/her interest in participating in the negotiations will be given the status of ‘‘interested party’’ and will be permitted to participate in the negotiation process (other members of the public may attend the negotiation meeting(s), but will not be permitted to participate in the negotiation). Persons who wish to be designated an ‘‘interested party’’ must submit written notice to the technical contact person listed under FOR FURTHER INFORMATION CONTACT. Octamethylcyclotetrasiloxane (D4) (CASR No. 566–67–2) and decamethylcyclopentasiloxane (D5) (CASR No. 541–02–6) are high production volume chemicals having a wide variety of industrial, commercial, and consumer uses. D4 and D5 are highly persistent in sediment and highly bioaccumulative in benthic and aquatic species. Data show D4 to be toxic to aquatic and sediment-dwelling species. EPA has concerns regarding the environmental effects of D4 and D5. Environmental monitoring could help develop a better understanding of the potential effects of these chemicals in the environment. D4 is an intermediate for silicone copolymers. It is used commercially and has consumer uses in polishes, sanitation, soaps, detergents, adhesives, sealants, and rubber and plastic products. D4 is also used in processing applications such as coupling, blocking or release agents, and synthesis reagents. D5 is commonly used in personal care products, paints, coatings, paper and textiles, defoamers, release agents, surfactants in cleaning products, and adhesives. It is used as a processing solvent in chemical, resin, and synthetic rubber manufacture and as a chemical intermediate, lubricant, and dry cleaning agent. Further information on D4 and D5, including existing test data and a product stewardship program developed IV. Public Participation in Negotiations The procedural rule for ECAs (40 CFR 790.22, Procedures for developing consent agreements) contains provisions to ensure that the public is afforded a chance to participate in ECA negotiations, and that the views of interested parties are taken into account during the ECA negotiation process. All negotiating meetings for the development of this ECA will be open to the public and minutes of each meeting will be prepared by EPA and placed in the docket for this notice. EPA will advise interested parties and the public of meeting dates and make available meeting minutes, the proposed consent agreement, background documents, and other materials distributed at negotiation meetings. The negotiation time schedule will be established at the first negotiation meeting and will not exceed a period of 6 months from the initial meeting. If an ECA is not final within 6 months from the initial meeting and EPA does not choose to extend the negotiation time period, negotiations will be terminated and any unmet data needs may be pursued via a test rule promulgated under TSCA section 4. EPA will circulate a draft of the ECA to all interested parties if EPA concludes that such draft is likely to achieve final agreement, and 30 days will be provided for submitting comments or written objections. EPA will enter into consent agreements only SUPPLEMENTARY INFORMATION: I. General Information Does this action apply to me? srobinson on DSK4SPTVN1PROD with NOTICES This action is directed to the public in general, and may be of particular interest to manufacturers, importers, processors, exporters, distributors, and users of D4 and D5. Because 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 completion of the ECA or the availability of the proposal for this effort, consult the technical contact listed under FOR FURTHER INFORMATION CONTACT. VerDate Mar<15>2010 16:31 May 23, 2012 Jkt 226001 PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 31009 where there is a consensus among the agency, one or more manufacturers and/ or processors who agree to conduct or sponsor the testing, and all other interested parties who identify themselves in accordance with 40 CFR 790.22(b)(2). Details on the procedures for developing consent agreements can be found in 40 CFR 790.22. Details on what an ECA must include can be found in 40 CFR 790.60. V. Supporting Documentation Meeting minutes, the proposed consent agreement(s), background documents, and other materials distributed at negotiation meetings will be placed in an Internet-accessible public docket identified by docket number EPA–HQ–OPPT–2012–0209, available online at https:// www.regulations.gov. The docket for this notice contains the following: 1. SEHSC. Environmental Monitoring Proposal for Certain Cyclic Siloxanes—D4 and D5. Power Point Presentation. March 1, 2012. 2. USEPA Testing Consent Order for Octamethylcyclotetrasiloxane. Final Rule. 54 FR 818, January 10, 1989. 3. SEHSC. Memorandum from Karluss Thomas. Executive Director, SEHSC to Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency. Re: Proposed Terms of Environmental Monitoring Proposal for Certain Cyclic Siloxanes. March 1, 2012. 4. SEHSC. Attachment 1. Proposed Terms of Enforceable Consent Agreement for D4 and D5 Environmental Monitoring Program. March 1, 2012. 5. SEHSC Attachment 2. Draft Project Charter: Proposed 5–year monitoring plan for cyclic volatile methylsiloxane (cVMS) materials in surface sediment and aquatic biota of the Inner Oslo Fiord, Norway. March 7, 2012. 6. USEPA. Product Stewardship Program for Six Siloxanes Conducted Under a Memorandum of Understanding (MOU) Signed by EPA and the Dow Corning Corporation; Notice of Receipt and Availability of the MOU Data. 74 FR 38013, July 30, 2009. List of Subjects Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: May 17, 2012. Jim Jones, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2012–12626 Filed 5–23–12; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31008-31009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12626]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0209; FRL-9351-1]


Enforceable Consent Agreement Development for Two Cyclic 
Siloxanes; Solicitation of Interested Parties and Notice of Public 
Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA is giving notice of a public meeting to negotiate an 
enforceable consent agreement (ECA) to collect certain environmental 
monitoring data on octamethylcyclotetrasiloxane (D4) and 
decamethylcyclopentasiloxane (D5). A private organization has submitted 
a proposed ECA to EPA. EPA has evaluated the proposal and believes that 
proceeding with the negotiation of a consent agreement is an efficient 
means of developing the data, and now solicits additional persons with 
an interest in participating in the negotiations to notify EPA and 
announces a public meeting to initiate negotiations.

DATES: The meeting to initiate ECA negotiations for D4 and D5 
environmental monitoring will be held on Wednesday, June 27, 2012 from 
10 a.m. to 1 p.m.
    While this meeting is open to the public, you must notify EPA in 
writing on or before June 25, 2012, if you wish to be considered an 
``interested party'' and participate in the ECA negotiations for D4 and 
D5 environmental monitoring.
    To request accommodation of a disability, please contact the 
technical person listed under FOR FURTHER INFORMATON CONTACT, 
preferably at least 10 days prior to the meeting, to give EPA as much 
time as possible to process your request.

ADDRESSES: Your written notification that you wish to participate in 
the ECA negotiation must be submitted to the technical person listed 
under FOR FURTHER INFORMATION CONTACT.
    The public meeting to initiate negotiations on an ECA for D4 and D5 
will be held at the Environmental Protection Agency, EPA East, Room 
1117A, 1201 Constitution Ave. NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Robert Jones, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, East Building, 
1200 Pennsylvania Avenue NW., Room 4328G, Washington, DC 20460-0001;

[[Page 31009]]

telephone number: (202) 564-8161, fax number: (202) 564-4765; email 
address: jones.robert@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

Does this action apply to me?

    This action is directed to the public in general, and may be of 
particular interest to manufacturers, importers, processors, exporters, 
distributors, and users of D4 and D5. Because 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 completion of the ECA or the availability of 
the proposal for this effort, consult the technical contact listed 
under FOR FURTHER INFORMATION CONTACT.

II. Background

    Octamethylcyclotetrasiloxane (D4) (CASR No. 566-67-2) and 
decamethylcyclopentasiloxane (D5) (CASR No. 541-02-6) are high 
production volume chemicals having a wide variety of industrial, 
commercial, and consumer uses. D4 and D5 are highly persistent in 
sediment and highly bioaccumulative in benthic and aquatic species. 
Data show D4 to be toxic to aquatic and sediment-dwelling species. EPA 
has concerns regarding the environmental effects of D4 and D5. 
Environmental monitoring could help develop a better understanding of 
the potential effects of these chemicals in the environment.
    D4 is an intermediate for silicone copolymers. It is used 
commercially and has consumer uses in polishes, sanitation, soaps, 
detergents, adhesives, sealants, and rubber and plastic products. D4 is 
also used in processing applications such as coupling, blocking or 
release agents, and synthesis reagents.
    D5 is commonly used in personal care products, paints, coatings, 
paper and textiles, defoamers, release agents, surfactants in cleaning 
products, and adhesives. It is used as a processing solvent in 
chemical, resin, and synthetic rubber manufacture and as a chemical 
intermediate, lubricant, and dry cleaning agent.
    Further information on D4 and D5, including existing test data and 
a product stewardship program developed by Dow Corning, can be found in 
the public docket for this notice.

III. Solicitation of Interested Parties

    EPA is soliciting interested parties to monitor or participate in 
testing negotiations for an ECA concerning D4 and D5 environmental 
monitoring. The Silicone Environmental Health and Safety Council 
(SEHSC), the submitter of the ECA proposal for the environmental 
monitoring of D4 and D5, is already considered an interested party and 
does not need to respond to this notice.
    In accordance with 40 CFR 790.22(b), any other person who notifies 
EPA in writing on or before June 25, 2012 of his/her interest in 
participating in the negotiations will be given the status of 
``interested party'' and will be permitted to participate in the 
negotiation process (other members of the public may attend the 
negotiation meeting(s), but will not be permitted to participate in the 
negotiation). Persons who wish to be designated an ``interested party'' 
must submit written notice to the technical contact person listed under 
FOR FURTHER INFORMATION CONTACT.

IV. Public Participation in Negotiations

    The procedural rule for ECAs (40 CFR 790.22, Procedures for 
developing consent agreements) contains provisions to ensure that the 
public is afforded a chance to participate in ECA negotiations, and 
that the views of interested parties are taken into account during the 
ECA negotiation process. All negotiating meetings for the development 
of this ECA will be open to the public and minutes of each meeting will 
be prepared by EPA and placed in the docket for this notice.
    EPA will advise interested parties and the public of meeting dates 
and make available meeting minutes, the proposed consent agreement, 
background documents, and other materials distributed at negotiation 
meetings. The negotiation time schedule will be established at the 
first negotiation meeting and will not exceed a period of 6 months from 
the initial meeting. If an ECA is not final within 6 months from the 
initial meeting and EPA does not choose to extend the negotiation time 
period, negotiations will be terminated and any unmet data needs may be 
pursued via a test rule promulgated under TSCA section 4.
    EPA will circulate a draft of the ECA to all interested parties if 
EPA concludes that such draft is likely to achieve final agreement, and 
30 days will be provided for submitting comments or written objections. 
EPA will enter into consent agreements only where there is a consensus 
among the agency, one or more manufacturers and/or processors who agree 
to conduct or sponsor the testing, and all other interested parties who 
identify themselves in accordance with 40 CFR 790.22(b)(2). Details on 
the procedures for developing consent agreements can be found in 40 CFR 
790.22. Details on what an ECA must include can be found in 40 CFR 
790.60.

V. Supporting Documentation

    Meeting minutes, the proposed consent agreement(s), background 
documents, and other materials distributed at negotiation meetings will 
be placed in an Internet-accessible public docket identified by docket 
number EPA-HQ-OPPT-2012-0209, available online at https://www.regulations.gov. The docket for this notice contains the following:

    1. SEHSC. Environmental Monitoring Proposal for Certain Cyclic 
Siloxanes--D4 and D5. Power Point Presentation. March 1, 2012.
    2. USEPA Testing Consent Order for Octamethylcyclotetrasiloxane. 
Final Rule. 54 FR 818, January 10, 1989.
    3. SEHSC. Memorandum from Karluss Thomas. Executive Director, 
SEHSC to Maria J. Doa, Director, Chemical Control Division, Office 
of Pollution Prevention and Toxics, U.S. Environmental Protection 
Agency. Re: Proposed Terms of Environmental Monitoring Proposal for 
Certain Cyclic Siloxanes. March 1, 2012.
    4. SEHSC. Attachment 1. Proposed Terms of Enforceable Consent 
Agreement for D4 and D5 Environmental Monitoring Program. March 1, 
2012.
    5. SEHSC Attachment 2. Draft Project Charter: Proposed 5-year 
monitoring plan for cyclic volatile methylsiloxane (cVMS) materials 
in surface sediment and aquatic biota of the Inner Oslo Fiord, 
Norway. March 7, 2012.
    6. USEPA. Product Stewardship Program for Six Siloxanes 
Conducted Under a Memorandum of Understanding (MOU) Signed by EPA 
and the Dow Corning Corporation; Notice of Receipt and Availability 
of the MOU Data. 74 FR 38013, July 30, 2009.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: May 17, 2012.
Jim Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2012-12626 Filed 5-23-12; 8:45 am]
BILLING CODE 6560-50-P
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