Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 59679 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2012–0724; FRL–9400–5] 

Antimony Trioxide TSCA Chemical 

Risk Assessment; Notice of Public 

Meetings and Opportunity To 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA’s contractor, The 

Scientific Consulting Group (SCG), Inc., 

has identified a panel of scientific 

experts to conduct a peer review of 

EPA’s draft Toxic Substances Control 

Act (TSCA) chemical risk assessment, 

‘‘TSCA Workplan Chemical Risk 

Assessment for Antimony Trioxide.’’ 

EPA will hold three peer review 

meetings by web connect and 

teleconference. EPA invites the public 

to register to attend the meetings as 

observers and/or speakers providing 

oral comments during any or all of the 

peer review meetings as discussed in 

this notice. The public may also provide 

comment on whether they believe the 

appearance of conflict of interest exists 

for any proposed peer review panel 

expert. 

DATES: Meetings. The peer review 

meetings will be held on Wednesday, 

October 16, 2013, from 10:30 a.m. to 

12:30 p.m., EDT; Thursday, October 31, 

2013, from noon to 5:00 p.m., EDT; and 

Wednesday, November 14, 2013, from 

noon to 2:00 p.m., EST. 

Conflict of interest comments. 

Comments on the appearance of a 

conflict of interest for any proposed 

peer review panel expert must be 

submitted on or before October 18, 

2013. 

Comments. Written comments must 

be submitted on or before November 7, 

2013, to be sure they are contained in 

the peer review record and are available 

to the peer reviewers. 

Registration for meetings: To 

participate in any of the public peer 

review meetings, you must register no 

later than 11:59 p.m., EDT, on October 

13, 2013. 

ADDRESSES: Meetings. Meetings will be 

held via web connect and 

teleconferencing. See Unit III.C. in 

SUPPLEMENTARY INFORMATION. 

Registration. See Unit III. in 

SUPPLEMENTARY INFORMATION. 

Comments. Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0724, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

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 William 

Jefferson Clinton Complex East, Rm. 

6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0724. 

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

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0724. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket 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 William Jefferson Clinton 

Complex West, 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. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Stan 

Barone, Jr., Risk Assessment Division 

(7403M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–1169; email address: 

barone.stan@epa.gov. 

For peer review meeting logistics or 

registration contact: Susie Warner, 

Scientific Consulting Group (SCG), Inc., 

656 Quince Orchard Rd., Suite 210, 

Gaithersburg, MD 20878–1409; 

telephone number: (301) 670–4990, ext. 

227; fax number: (301) 670–3815; email 

address: SWARNER@scgcorp.com. 

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 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

those interested in environmental and 

human health assessment, the chemical 

industry, chemical users, consumer 

product companies, and members of the 

public interested in the assessment of 

chemical risks. Since others also may be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. 


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59680 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

On January 9, 2013, EPA published a 

notice in the Federal Register (78 FR 

1856) (FRL–9375–1) on the availability 

of five draft TSCA chemical risk 

assessments for public comment. The 

Agency also asked for nominations for 

external experts to conduct peer reviews 

of the draft TSCA risk assessments, 

including one titled, ‘‘TSCA Workplan 

Chemical Risk Assessment for 

Antimony Trioxide (ATO).’’ Antimony 

trioxide (CASRN 1309–64–4) is one of 

83 chemicals identified for review and 

assessment in EPA’s TSCA Workplan, 

which was released on March 1, 2012, 

at http://www.epa.gov/oppt/

existingchemicals/pubs/

workplans.html. 

This information is distributed solely 

for the purpose of pre-dissemination 

peer review under applicable 

information quality guidelines. It has 

not been formally disseminated by EPA. 

It does not represent and should not be 

construed to represent any Agency 

determination or policy. 

The draft ATO TSCA risk assessment 

is being peer reviewed consistent with 

guidelines for the peer review of 

influential scientific information and 

highly influential scientific assessments. 

EPA asked a contractor, SCG, to 

assemble a panel of experts to evaluate 

the draft ATO TSCA risk assessment 

report for specific uses of ATO. SCG 

evaluated 4 candidates that were 

nominated as peer reviewers by the 

February 8, 2013 deadline established in 

the January 9, 2013 Federal Register 

notice and evaluated over 100 

additional experts before submitting the 

proposed peer review panel members. 

The proposed peer review panel was 

vetted by the contractor for conflict of 

interest and the appearance of bias 

according to Agency peer review 

guidance as detailed in the contract. 

This proposed peer review panel 

includes: Anne Fairbrother (chair), 

Vincent Rudigar Battersby, Jim Deyo, 

Bruce Hope, Larry Kapustka, Wayne 

Landis, David Ostrach, Daniel Schlenk, 

Erik Smolders, and Maria Soledad 

Supelveda. 

The biographies are available in the 

docket (docket ID number EPA–HQ– 

OPPT–2012–0724). The public may 

provide comments to the same docket 

for the draft ATO TSCA risk assessment 

on the appearance of a conflict of 

interest for any proposed peer review 

panel member. This comment period on 

the peer review panel membership 

closes on October 18, 2013. The final 

list of peer review panel members will 

be available on the SCG’s Web site at 

http://www.scgcorp.com. 

The peer review panel is responsible 

for the review of the scientific and 

technical merit of the draft ATO TSCA 

risk assessment, which is available 

through http://www.regulations.gov and 

at http://www.epa.gov/oppt/

existingchemicals/pubs/

workplans.html. The peer review panel 

will not address potential policy 

implications or risk management 

options that may result from the draft 

ATO TSCA risk assessment. Members of 

the public may register to attend any or 

all three meetings as observers and may 

also register to offer oral comments on 

each day of the meetings. A registered 

speaker is encouraged to focus on issues 

directly relevant to science-based 

aspects of the draft ATO TSCA risk 

assessment. 

The first peer review meeting on 

October 16, 2013, will be dedicated to 

hearing registered speakers’ oral 

comments on the draft ATO TSCA risk 

assessment and reviewing the charge to 

the peer reviewers. Each speaker is 

allowed between 3–5 minutes, 

depending on the number of registered 

speakers. Given time constraints, a 

maximum of 30 speakers will be 

allowed to offer comments. If more than 

30 speakers register to provide oral 

comments, speakers will be selected by 

SCG in a manner designed to optimize 

representation from all organizations, 

affiliations, and present a balance of 

science issues relevant to the Agency’s 

TSCA risk assessment. Peer review 

panel members will have access to 

written comments and materials and 

electronic materials submitted to the 

docket by November 7, 2013. Registered 

observers and speakers will not be 

allowed to distribute any written 

comments or materials or electronic 

materials directly to the peer review 

panel members. To submit written 

comments, please follow one of the 

methods outlined in ADDRESSES. The 

public comment period closes on 

October 23, 2013. 

The second peer review panel 

meeting on October 31, 2013, will be 

devoted to deliberations of the draft 

ATO TSCA risk assessment by the peer 

review panel, guided by the charge 

questions to the peer review panel. 

The third and final peer review panel 

meeting on November 14, 2013, will 

focus on the peer review panel’s 

discussion of its draft ATO TSCA risk 

assessment recommendations to EPA, 

which will be posted on the contractor 

Web site prior to the final peer review 

meeting. The final peer review panel 

report will be prepared by SCG and 

made available to the public according 

to the Agency peer review guidance at 

http://www.epa.gov/peerreview. EPA 

will consider SCG’s peer review panel 

report of the comments and 

recommendations from the three peer 

review meetings, as well as written 

comments and materials and electronic 

materials in the docket at http://

www.regulations.gov, as it proceeds to 

finalize the ATO TSCA risk assessment. 

If potential risks are indicated in the 

revised risk assessment following peer 

review and public comment, the Agency 

will take the necessary risk reduction 

efforts as warranted. If no risks are 

identified in the revised risk assessment 

following revision in response to peer 


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Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 59681 

review, then the Agency may conclude 

its work on the chemical being assessed. 

III. How can I request to participate in 

these meetings? 

A. Registration 

To attend the peer review meetings, 

you must register for the meeting no 

later than 11:59 p.m., EDT, on October 

13, 2013. To register for the meeting, go 

to www.scgcorp.com/ATO2013, 

complete the online registration form, 

and submit the required information. 

You may also register through the U.S. 

Postal Service or by overnight/priority 

mail by sending the necessary 

registration information (see Unit III.B.) 

to the SCG Meeting Coordinator, Ms. 

Susie Warner. The U.S. Postal Service or 

overnight/priority mail address is: The 

Scientific Consulting Group, Inc., 656 

Quince Orchard Rd., Suite 210, 

Gaithersburg, MD 20878–1409. For 

questions or additional information, 

contact Ms. Warner by: Telephone 

number: (301) 670–4990, ext. 227; fax: 

(301) 670–3815; or email: SWARNER@

scgcorp.com. Registrations sent via U.S. 

Postal Service or overnight/priority mail 

must be received no later than 11:59 

p.m., EDT, on September 23, 2013. 

There will be no on-site registration, so 

members of the public who do not 

register by 11:59 p.m., EDT, on October 

13, 2013, using one of the methods 

described in this unit, may not receive 

web access information in time to attend 

the first peer review meeting. 

B. Required Registration Information 

Members of the public may register to 

attend any or all three meetings as 

observers, or register to speak if 

planning to offer oral comments during 

the scheduled public comment session 

of a meeting. To register for the 

meetings online or by mail, you must 

provide your full name, organization or 

affiliation, and contact information. You 

must also indicate which meetings you 

plan to attend and if you would like to 

speak during the scheduled public 

comment session of a meeting. If you 

register to speak, you must also indicate 

if you have any special requirements 

related to your oral comments (e.g., 

translation). 

If you indicate that you wish to speak, 

you will be asked to select one category 

most closely reflecting the content of 

your oral comments. These comment 

categories related to the charge 

questions are: 

1. General comments on the risk 

assessment document. 

2. Comments on the exposure 

assessment. 

3. Comments on the hazard 

assessment. 

4. Comments on the risk 

characterization. 

5. Other issues. 

Should more than 30 speakers register 

for a single meeting, these categories 

will be used to ensure that a balance of 

substantive science issues relevant to 

the assessment is heard. Additional 

information on the selection of speakers 

and speaking times will be sent out by 

SCG 3 days prior to each peer review 

meeting to all individuals registered to 

speak. 

To accommodate as many registered 

speakers as possible, registered speakers 

may present oral comments only, 

without visual aids or written material. 

Peer review panel members will have 

access to any written comments and 

materials and electronic materials 

previously submitted to the docket. 

Registered observers and speakers will 

not be allowed to distribute any written 

comments and materials or electronic 

materials directly to the peer review 

panel members. 

C. Web Meeting Access 

Each peer review meeting will be held 

via web connect and teleconferencing. 

SCG will provide all registered 

participants with information on how to 

participate in advance of the first peer 

review meeting. 

List of Subjects 

Environmental protection, Antimony 

trioxide, Chemicals, Peer review, Risk 

assessments. 

Dated: September 18, 2013. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

[FR Doc. 2013–23634 Filed 9–24–13; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9901–45-Region2] 

New York State Prohibition of 

Discharges of Vessel Sewage; Receipt 

of Petition and Tentative Affirmative 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Receipt of petition and tentative 

affirmative determination. 

SUMMARY: Notice is hereby given that, 

pursuant to Clean Water Act Section 

312(f)(3), the State of New York has 

determined that the protection and 

enhancement of the quality of the New 

York State (NYS or the State) area of 

Lake Erie requires greater environmental 

protection, and has petitioned the 

United States Environmental Protection 

Agency, Region 2, for a determination 

that adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for those waters, so that the 

State may completely prohibit the 

discharge from all vessels of any 

sewage, whether treated or not, into 

such waters. 

NYS has proposed to establish a 

‘‘Vessel Waste No Discharge Zone’’ for 

the NYS area of Lake Erie stretching 

from the Pennsylvania-New York State 

boundary to include the upper Niagara 

River to Niagara Falls. The proposed No 

Discharge Zone encompasses 

approximately 593 square miles and 84 

linear shoreline miles, including the 

navigable portions of the Upper Niagara 

River and numerous other tributaries 

and harbors, embayments of the Lake 

including Barcelona Harbor, Dunkirk 

Harbor and Buffalo Outer Harbor, and 

other formally designated habitats and 

waterways of local, state, and national 

significance. 

On December 6, 2012, the EPA 

completed the review of NYS’s petition 

and issued a tentative affirmative 

determination in the Federal Register 

that adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels for such waters 

are reasonably available. During the 30- 

day public comment period, the EPA 

received significant comments regarding 

the availability of adequate pumpouts 

for commercial vessels. Specifically, 

two commenters submitted that the 

December 6, 2012 notice did not contain 

adequate information about the 

availability of pumpout facilities for 

large commercial vessels. Therefore, the 

EPA and New York State collected 

additional information to demonstrate 

the reasonable availability of pumpout 

services for commercial vessels that use 

the New York area of Lake Erie. The 

EPA hereby republishes its tentative 

affirmative determination with the 

additional information included. 

DATES: Comments regarding this 

tentative determination are due by 

October 28, 2013. 

Petition: The Lake Erie No Discharge 

Zone Petition is available at: http:// 

www.epa.gov/region2/water/ 

permits.html. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: chang.moses@epa.gov. 

Include ‘‘Comments on Tentative 

Affirmative Decision for NYS Lake Erie 

NDZ’’ in the subject line of the message. 

• Fax: 212–637–3891. 

• Mail and Hand Delivery/Courier: 

Moses Chang, U.S. EPA Region 2, 290 


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