Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices 58377 

EPA’s comments on EISs available to 

the public. Accordingly, on March 31, 

2010, EPA discontinued the publication 

of the notice of availability of EPA 

comments in the Federal Register. 

EIS No. 20100374, Draft EIS, USFWS, 

MT, Charles M. Russell National 

Wildlife Refuge and UL Bend 

National Wildlife Refuge 

Comprehensive Conservation Plan, To 

Provide Alternatives and Identify 

Consequences, Fergus, Petroleum, 

Garfield, McCore, Valley, and Phillips 

Counties, MT, Comment Period Ends: 

11/16/2010, Contact: Laurie Shannon 

303–236–4317. 

EIS No. 20100375, Final EIS, USFWS, 

00, Western Snowy Plover Habitat 

Conservation Plan, Proposed Issuance 

of an Incidental Take Permit, Oregon 

Parks and Recreation Department, 

Oregon Coast, OR, CA, WA, Wait 

Period Ends: 10/25/2010, Contact: 

Laura Todd 541–867–4558. 

EIS No. 20100376, Draft EIS, USFS, CA, 

Concow Hazardous Fuels Reduction 

Project, Propose to Reduce Hazardous 

Forest Fuels, Plus Establish and 

Maintain Spaces—Defensible Fuel 

Profile Zones (DFPZs), Feather River 

Ranger District, Plumas National 

Forest, Towns of Paradise, Magalia, 

Concow, Butte County, CA, Comment 

Period Ends: 11/08/2010, Contact: 

Carol Spinos 530–532–8932. 

EIS No. 20100377, Final EIS, USFS, CA, 

Tehachapi Renewable Transmission 

Project, New Information on Changed 

Conditions Caused by the Station 

Fire, Construct, Operate and Maintain 

New and Upgraded 500 kV and 220kV 

Transmission Lines and Substations, 

Special Use Authorization, Angeles 

National Forest, Los Angeles County, 

CA, Wait Period Ends: 10/25/2010, 

Contact: Justin Seastrand 626–574– 

5278. 

EIS No. 20100378, Draft Supplement, 

USFS, OR, North Fork Burnt River 

Mining Project, To Provide Additional 

Information and to Address the 

Deficiencies Identified by the District 

Court of Oregon on August 4, 2006, 

Proposal for Mineral Plans of 

Operation, Implementation, WallowaWhitman National Forest, Unity 

Ranger District of the Whitman Unit, 

Blue Mountains, Town of Unity, 

Baker County, OR, Comment Period 

Ends: 11/08/2010, Contact: Sophia 

Miller 541–263–1735. 

EIS No. 20100379, Draft EIS, TVA, KY, 

Tennessee Valley Authority (TVA) 

Integrated Resource Plan (IRP), To 

Address the Demand for Power in the 

TVA Service Area, KY, Comment 

Period Ends: 11/08/2010, Contact: 

Charles P. Nicholson 865–632–3582 

EIS No. 20100380, Final EIS, USACE, 

00, Sabine-Neches Waterway Channel 

Improvement Project, Proposed Ocean 

Dredged Material Disposal Site 

Designation, Southeast Texas and 

Southwest Louisiana, Wait Period 

Ends: 10/25/2010, Contact: Janelle 

Stokes 409–766–3039. 

EIS No. 20100381, Draft Supplement, 

USAF, FL, Eglin Base Realignment 

and Closure, Proposed Beddown of 

the Joint Strike Fighter (JSF) and 

Establishment of an Initial Joint 

Training Site (IJTS), Implementation, 

Okaloosa, Walton, and Santa Rosa 

Counties, FL, Comment Period Ends: 

11/08/2010, Contact: Mike Spaits 85– 

882–2836. 

EIS No. 20100382, Final EIS, NPS, CA, 

Warner Valley Comprehensive Site 

Plan, Addressing Natural and Cultural 

Resource Conflicts, Parking and 

Circulation Improvements in Warner 

Valley, Implementation, Lassen 

Volcanic National Park, Plumas 

County, CA, Wait Period Ends: 10/25/ 

2010, Contact: Louise Johnson 530– 

595–4444 Ext. 5170. 

EIS No. 20100383, Draft Supplement, 

USFS, NM, Santa Fe National Forest 

Oil & Gas Leasing, Updated and New 

Information, Implementation, San 

Juan Basin, Cuba Ranger District, NM, 

Comment Period Ends: 11/08/2010, 

Contact: Jennifer Cramer 505–438– 

5449. 

EIS No. 20100384, Final Supplement, 

USFS, AK, Programmatic EIS—Exxon 

Valdez Oil Spill Restoration Plan 

DOI/DOC, New Circumstances 

Bearing on the Council’s Restoration 

Effort, Implementation, Prince 

William Sound, Gulf of Alaska, AK, 

Wait Period Ends: 10/25/2010, 

Contact: Laurel Jennings 206–526– 

4535. 

EIS No. 20100385, Final EIS, NSA, MD, 

Fort George G. Meade, Maryland to 

Address Campus Development, Site 

M as an Operational Complex and to 

Construct and Operate Consolidated 

Facilities for Intelligence Community 

Use, Fort George G. Meade, MD, Wait 

Period Ends: 10/25/2010, Contact: 

Jeffrey D. Williams 301–688–2970. 

Dated: September 21, 2010. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2010–23974 Filed 9–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2010–0681; FRL–8847–5] 

Lead in Ammunition and 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 is based on the 

exclusion of shells and cartridges from 

the definition of ‘‘chemical substance’’ 

in TSCA section 3(2)(B)(v). EPA is still 

considering the second request and will 

respond to that portion of the petition 

within the 90-day period provided in 

section 21 of TSCA. This notice 

explains EPA’s reasons for the denial of 

the request specific to lead bullets and 

shot. 

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 shot or bullets. 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) 


srobinson on DSKHWCL6B1PROD with NOTICES
58378 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 http:// 

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 

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. 

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 

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. 

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). 

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. 

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. 

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 

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. 

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 

[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 


srobinson on DSKHWCL6B1PROD with NOTICES