Environmental Protection Agency September 22, 2010 – Federal Register Recent Federal Regulation Documents

EPA has authorized its contractor, Eastern Research Group (ERG) of Lexington, MA and subcontractor Avanti Corporation of Alexandria, VA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from July 30, 2010 to August 31, 2010, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

The EPA (also, ``the Agency'' or ``we'') is amending the exclusion for the American Steel Cord facility in Scottsburg, Indiana to reflect changes in ownership and name.

This notice announces the availability of EPA's Draft Chesapeake Bay (Bay) TMDL for nutrients and sediment for public review and comment and announces the information regarding public meetings on the Draft TMDL being held within the watershed. EPA is establishing the Draft TMDL for nutrients (nitrogen and phosphorus) and sediment for each of the 92 segments in the tidal portion of the Chesapeake Bay watershed pursuant to Sections 117(g) and 303(d) of the Clean Water Act (CWA). As such this Draft TMDL will contain at minimum 92 segment specific point (wasteload) and non-point (load) allocations for nitrogen, phosphorous and sediment that will assure the attainment and maintenance of all applicable water quality standards for each of the 92 segments. The Bay TMDL is a key part of the clean water commitment in the Federal Strategy developed as part of Executive Order 13508 on Chesapeake Bay Protection and Restoration. EPA intends to work with federal partners, the six watershed states, the District of Columbia, local governments and other parties to put in place a comprehensive, transparent and accountable set of commitments and actions that together ensure that pollution controls needed to restore Bay water quality are implemented by no later than 2025 (Executive Order, 13508). To provide information to the public regarding the process, approach and implications of the Draft Bay TMDL, EPA will hold a series of informal public meetings on the dates and locations identified below. The goal of these meetings is to assist the public in their understanding of the Draft Bay TMDL and provide an overview of the TMDL process, especially the stakeholder review and comment process. EPA will verbally respond to as many questions as time permits at these public meetings. Formal comments that any stakeholder wishes to make must be written and submitted as described below and will be entered into the public record. By this notice, EPA is soliciting input from the public on the Draft Bay TMDL. EPA will review all written comments submitted during the public comment period and will consider them, as appropriate, in establishing the Final TMDL. Persons wishing to comment on the information contained in the TMDL are invited to do so in writing from September 24, 2010 to November 8, 2010. All comments must be postmarked no later than November 8, 2010. All comments must be written, include the name, address and telephone number of the commenter, and should be as concise and as specific as possible in order for EPA to develop a meaningful response. Electronic submission of comments as described below is encouraged. Additional information on the Draft Bay TMDL and on the public meetings can be found at https:// www.epa.gov/chesapeakebaytmdl.

This notice announces EPA's order for the amendment to terminate certain uses, voluntarily requested by the registrant and accepted by the Agency, of the pesticide products listed in Table 1, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order to terminate uses follows a June 23, 2010 Federal Register Notice of Receipt of Request from the Registrant listed in Table 2 to voluntarily amend 2- (hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product registrations to terminate or delete one or more uses. The request would delete use in or on metalworking fluids; latex paints; resin/ latex/polymer emulsions; specialty industrial products; livestock and poultry premises; paints, emulsions and thickener solutions; use as a preservative for packaged emulsions, solutions, or suspensions such as detergents and polishes containing water; and use in pulp and paper- mill process water systems. The request would not terminate the last 2- (hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) products registered for use in the United States and would result in retention of some registered uses for those products. In the June 23, 2010 Notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrant withdrew the requests within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw the requests. Accordingly, EPA hereby issues in this notice, an order granting the requested amendment to terminate uses. Any distribution, sale, or use of the products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request by a registrant to voluntarily cancel certain pesticide registrations. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request. If this request is granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.