70246 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

introduction, E15 may become available 

in the marketplace. Thus, EPA 

anticipates that some UST system 

owners and operators may choose to 

store higher percentages of ethanol in 

their UST systems. 

Please note that this action under the 

CAA has no bearing on an UST owner 

or operator’s requirement to comply 

with all applicable EPA UST 

regulations, including the UST 

compatibility requirement in 40 CFR 

280.32. Specifically, in order to ensure 

the safe storage of higher ethanol and 

biodiesel blends under EPA’s UST 

program, owners and operators must 

meet the compatibility requirement for 

UST systems. 

40 CFR 280.32 states that ‘‘[o]wners 

and operators must use an UST system 

made of or lined with materials that are 

compatible with the substance stored in 

the UST system.’’ Because the chemical 

and physical properties of ethanol and 

biodiesel blends may make them more 

aggressive to certain UST system 

materials than petroleum, it is important 

to ensure that all UST system 

components in contact with biofuels are 

materially compatible with that fuel. 

UST System Components That May Be 

Affected by Biofuel Blends 

To meet § 280.32, owners and 

operators of UST systems storing 

ethanol-blended fuels greater than 10 

percent ethanol or greater than [TBD] 

percent biodiesel must use compatible 

equipment. At a minimum, the 

following UST system equipment must 

be compatible: 

• Tank or internal tank lining; 

• Piping; 

• Pipe adhesives and glues; 

• Line leak detectors; 

• Flexible connectors; 

• Fill pipe; 

• Spill and overfill prevention 

equipment; 

• Submersible turbine pump and 

components; 

• Fittings, gaskets, bushings, 

couplings, and boots; 

• Containment sumps (including 

submersible turbine sumps and under 

dispenser containment); 

• Release detection floats, sensors, 

and probes. 

Options for Meeting the Compatibility 

Requirement 

Currently, EPA believes that the most 

effective options for owners and 

operators of UST systems storing 

ethanol-blended fuels greater than 10 

percent ethanol and biodiesel-blended 

fuels greater than [TBD] percent 

biodiesel to ensure compatibility under 

this requirement are: 

• Use components that are certified or 

listed by an independent test laboratory 

for use with the fuel stored (for 

example, Underwriters Laboratories); 

• Use components approved by the 

manufacturer to be compatible with the 

fuel stored. EPA considers acceptable 

forms of manufacturer approvals to be: 

Æ Be in writing; 

Æ Indicate an affirmative statement of 

compatibility; and 

Æ Be from the equipment 

manufacturer, not another entity (such 

as the installer or distributor); or 

• Use another method determined by 

the implementing agency to sufficiently 

protect human health and the 

environment. EPA will work with states 

as they evaluate other acceptable 

methods. 

Note About Using API 1626 To Meet the 

Compatibility Requirement 

Currently, a note in the federal UST 

regulations allows owners and operators 

to use the American Petroleum 

Institute’s (API) Recommended Practice 

1626, an industry code of practice, to 

meet the compatibility requirement for 

ethanol blended fuels. The original 

version of API 1626 (1st ed. 1985, 

reaffirmed in 2000) applies to up to 10 

percent ethanol blended with gasoline 

and is not applicable to meet the 

compatibility requirement for ethanol 

blends greater than 10 percent. In 

August 2010, API published a second 

edition of API 1626. The second edition 

does address ethanol blends greater than 

10 percent, and may also be used as a 

method for demonstrating compatibility. 

Please note that state underground 

storage tank program regulations may be 

more stringent than the federal UST 

regulations, so owners and operators 

should always check with their states 

about state program requirements. Also, 

this guidance will apply in Indian 

country and in states that do not have 

state program approval (SPA). Because 

states with SPA must have a 

compatibility requirement that is similar 

to the federal compatibility requirement, 

SPA states could find this guidance 

relevant and useful to them as well. 

If you have questions about this 

guidance, please contact Andrea 

Barbery at barbery.andrea@epa.gov or 

(703) 603–7137. 

Dated: November 8, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2010–28968 Filed 11–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2010–0681; FRL–8850–6] 

Lead Fishing Sinkers; Disposition of 

TSCA Section 21 Petition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: On August 3, 2010, several 

groups filed a petition under the Toxic 

Substances Control Act (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. 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 was based on the 

exclusion of shells and cartridges from 

the definition of ‘‘chemical substance’’ 

in TSCA section 3(2)(B)(v). On 

November 4, 2010, EPA denied the 

second request. This notice explains 

EPA’s reasons for the denial of the 

request specific to fishing sinkers. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Christina 

Wadlington, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 566–1859; e-mail address: 

wadlington.christina.@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to you if you manufacture, 

process, import, or distribute in 

commerce lead fishing sinkers or lead 

fishing tackle. If you have any questions 

regarding this action, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPPT–2010–0681. 

All documents in the docket are listed 

in the docket index available at http:// 

www.regulations.gov. Although listed in 

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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70247 

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 

http://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. 

II. Background 

A. What is a TSCA section 21 petition? 

Under section 21 of TSCA (15 U.S.C. 

2620), 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 

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. 

C. Summary of TSCA Section 21 

Petition Received 

On August 3, 2010, the 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 

gear. With respect to fishing gear, 

petitioners requested a nationwide, 

uniform ban on the manufacture, 

processing, and distribution in 

commerce of lead for use in all fishing 

gear, regardless of size, including 

sinkers, jigs and other tackle. (Ref. 1). 

D. Summary of the Disposition of the 

Request With Respect to Lead in Bullets 

and Shot 

As discussed in the Federal Register 

of September 24, 2010 (75 FR 58377) 

(FRL–8847–5), on August 27, 2010, EPA 

denied the first request due to a lack of 

authority to regulate lead in bullets and 

shot under TSCA. Today’s notice 

provides EPA’s reasons for denying the 

second portion of the petition: A request 

to prohibit under TSCA section 

6(a)(2)(A)(i) the manufacture, 

processing, and distribution in 

commerce of lead for use in all fishing 

gear. 

III. Disposition of the Request With 

Respect to Lead in Fishing Sinkers 

On November 4, 2010, EPA denied 

the request to prohibit under TSCA 

section 6(a) the manufacture, 

processing, and distribution in 

commerce of lead fishing gear. EPA 

denied the request because the 

petitioners have not demonstrated that 

the action requested is necessary to 

protect against an unreasonable risk of 

injury to health or the environment, as 

required by TSCA section 21. The 

petitioners do not provide a sufficient 

justification for why a national ban of 

lead fishing sinkers and other lead 

fishing tackle is necessary given the 

actions being taken to address the 

concerns identified in the petition. The 

petitioners also have not demonstrated 

that the action requested—a uniform 

national ban of lead for use in all fishing 

gear—is the least burdensome 

alternative to adequately protect against 

the concerns identified in the petition, 

as required by section 6. There are an 

increasing number of limitations on the 

use of lead fishing gear on some Federal 

lands, as well as Federal outreach 

efforts. A number of states have 

established regulations that ban or 

restrict the use of lead sinkers and have 

created state education and fishing 

tackle exchange programs. The 

emergence of these programs and 

activities over the past decade calls into 

question whether the broad rulemaking 

requested by petitioners would be the 

least burdensome, adequately protective 

approach. EPA notes that the prevalence 

of non-lead alternatives in the 

marketplace continues to increase. 

Lead tackle already is prohibited for 

use in Yellowstone National Park and at 

several national wildlife refuges 

including Patuxent National Wildlife 

Refuge in Maryland, Rachel Carson 

National Wildlife Refuge in Maine, 

Rappahanock National Wildlife Refuge 

in Virginia, Red Rock Lakes National 

Wildlife Refuge in Montana, Seney 

National Wildlife Refuge in Michigan, 

and Union Slough National Wildlife 

Refuge in Iowa. Since 1999, the National 

Fish and Wildlife Service has 

encouraged the use of non-lead fishing 

tackle (See ‘‘Let’s Get the Lead Out’’ at 

http://www.fws.gov/contaminants/ 

Documents/leadpoisoning2.pdf). The 

National Park Service is also 

encouraging the use of alternatives to 

lead tackle in national parks through an 

education and outreach program. This 

program, which has a goal of 

eliminating the use of lead tackle in 

parks, focuses on the benefits of using 

lead-free fishing tackle. 

States also have been taking action to 

ban or limit the use of lead fishing 

sinkers or have been working to limit 

the use of lead fishing sinkers through 

outreach and exchange programs. Since 

2000, five states have banned or limited 

the use of fishing sinkers. Maine, New 

York, and Vermont have banned the sale 

of lead fishing sinkers of less than onehalf ounce. In Massachusetts, the use of 

all lead sinkers in the Quabbin and 

Wachusett Reservoirs, the loons’ 

primary habitat in the state, is 

prohibited, and starting in 2012, the use 

of lead sinkers, lead weights, and lead 

fishing jigs of less than one ounce will 

be prohibited in all inland waters. In 

New Hampshire, lead fishing sinkers 

and jigs are banned for use in all fresh 

waters. Additionally, the Washington 

Department of Fish and Wildlife is 

considering whether to adopt 

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70248 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

restrictions on the use of lead tackle in 

the state. Other states have outreach and 

education and tackle exchange 

programs. 

The comments that EPA has received 

from states and a state organization 

highlight the geographic focus of state 

controls on lead fishing tackle. 

According to the Association of Fish 

and Wildlife Agencies, ‘‘the exposure to 

certain migratory birds (primarily loons, 

and to a lesser extent, swans) and 

related impacts to populations of those 

birds is localized, and where impacts 

have been substantiated to be 

significant, state fish and wildlife 

agencies have acted to regulate the use 

of lead sinkers and jigs. In the northeast, 

five states have enacted restrictions 

(e.g., ban in certain bodies of water; ban 

on certain weights and sizes) on the use 

of lead fishing tackle where studies have 

identified lead toxicosis as a 

contributing factor to declining loon 

populations. Some states are also 

offering a fishing tackle exchange 

program (non-lead for lead products). 

States have thus demonstrated a 

responsible exercise of their authority to 

regulate or restrict lead fishing tackle 

under circumstances of exposure where 

it contributes to decline in loon 

populations’’ (Ref. 2). 

Several state fish and game agencies 

submitted comments (Refs. 3–5). All 

support denial of the petition and 

provide several reasons why they do not 

support the actions requested in the 

petition. These comments assert that 

mortality from ingestion of lead fishing 

tackle is rare and is primarily limited to 

some areas of the country, that states are 

already working closely with the Fish 

and Wildlife Service on education and 

exchange programs, and that where 

there have been impacts on loons and 

trumpeter swans, states have already 

taken action. These states contend that 

these impacts are best addressed by 

geographically targeted actions that the 

states are undertaking. As noted by 

these commenters, states in the northern 

part of the country, where the majority 

of the impacts on loons has been 

observed, have taken action to limit or 

ban the use of lead sinkers or have 

implemented tackle exchange programs. 

While it is the case, as petitioners 

noted, that 16 years ago, in 1994, EPA 

proposed a ban of lead for use in certain 

smaller-sized fishing sinkers under 

TSCA section 6(a)(2)(A), the sweeping 

alternative requested by petitioners was 

not one the Agency, as reflected in its 

proposal, found to be appropriate even 

then. (59 FR 11122, March 9, 1994). The 

steps that have been taken at the Federal 

and State levels since that time make a 

nationwide ban on all lead fishing gear 

such as that sought by petitioners even 

less appropriate today. 

Moreover, the market for fishing gear 

is changing. While lead tackle may still 

constitute the largest percentage of the 

fishing sinker market, over the last 

decade the availability of fishing sinkers 

made from other materials has 

expanded. New non-lead products have 

entered the market, and the market 

share of lead sinkers has decreased. 

With improvements in technology, 

changes in consumer preferences, statelevel restrictions, and increased market 

competition, the market for lead fishing 

sinkers is expected to continue to 

decrease while the market for 

substitutes such as limestone, steel, and 

tungsten fishing sinkers is expected to 

continue to increase (Ref. 6). 

In sum, EPA is not persuaded that the 

action requested by the petitioners—a 

sweeping national uniform rule on lead 

in all fishing gear—is necessary. The 

petitioners also have failed to 

demonstrate that a national ban on lead 

fishing gear is the least burdensome 

approach to adequately address the risk 

to the environment addressed in the 

petition, as required by TSCA section 6, 

given the mix of actions that state 

agencies and the Federal Government 

already are taking to address the impact 

of lead fishing sinkers on local 

environments. The risk described by the 

petitioners does appear to be more 

prevalent in some geographic areas than 

others, and the trend over the past 

decade has been for increasing state and 

localized activity regarding lead in 

fishing gear. For these reasons, EPA 

denied the petitioners’ request for a 

national ban on lead in all fishing gear. 

V. References 

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. 

2. Association of Fish and Wildlife 

Agencies. Letter to Honorable Lisa Jackson, 

Administrator, United States Environmental 

Protection Agency. September 2, 2010. 

3. The State of Arizona Game and Fish 

Department. Letter to Lisa P. Jackson, 

Administrator, United States Environmental 

Protection Agency. September 14, 2010. 

4. Kentucky Department of Fish & Wildlife 

Resources Tourism, Art and Heritage Cabinet. 

Letter to Honorable Lisa Jackson, 

Administrator, United States Environmental 

Protection Agency. September 15, 2010. 

5. Commonwealth of Virginia Department 

of Game and Inland Fisheries. Letter to 

Honorable Lisa Jackson, Administrator, 

United States Environmental Protection 

Agency. September 15, 2010. 

6. Background Document—TSCA § 21 

Petition; Pb in Fishing Sinkers and Other 

Components. October 2010. 

List of Subjects 

Environmental protection, Bird, Lead, 

Lead bullets, Lead fishing sinkers, Lead 

shot. 

Dated: November 4, 2010. 

Steve A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2010–28972 Filed 11–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2009–0477; FRL–8848–7] 

Endocrine Disruptor Screening 

Program; Second List of Chemicals for 

Tier 1 Screening 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

second list of chemicals and substances 

for which EPA intends to issue test 

orders under the Endocrine Disruptor 

Screening Program (EDSP). EPA 

established the EDSP in response to 

section 408(p) of the Federal Food, 

Drug, and Cosmetic Act (FFDCA). This 

second list of chemicals expands the 

EDSP in an effort to include all 

pesticides, required by FFDCA, and 

adds priority drinking water chemicals 

into the program for screening as 

authorized by SDWA section 1457. 

Today’s publication provides public 

notice of EPA’s tentative decisionmaking in advance of the actual 

issuance of EDSP testing orders. 

DATES: In order for the Agency to 

consider information and/or comments 

that may be relevant to the inclusion or 

exclusion of chemicals contained on the 

second EDSP list, this information and/ 

or comments should be received by EPA 

on or before December 17, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2009–0477, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2009–0477. 

The DCO is open from 8 a.m. to 4 p.m., 

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