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
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices 58379 

commercial and industrial (ICI) boilers, 

vapor recovery at gas stations, large 

above ground storage tanks, seaports, 

aftermarket catalysts, lightering, and 

non-road idling. 

DATES: The meeting will be held on 

November 10, 2010 starting at 9 a.m. 

and ending at 4 p.m. 

Location: Sheraton Boston, 39 Dalton 

Street, Boston, Massachusetts 02199; 

(617) 236–2000 or (888) 627–7054. 

FOR FURTHER INFORMATION CONTACT: For 

documents and press inquiries contact: 

Ozone Transport Commission, 444 

North Capitol Street, NW., Suite 638, 

Washington, DC 20001; (202) 508–3840; 

e-mail: ozone@otcair.org; Web site: 

http://www.otcair.org. 

SUPPLEMENTARY INFORMATION: The Clean 

Air Act Amendments of 1990 contain at 

Section 184 provisions for the Control of 

Interstate Ozone Air Pollution. Section 

184(a) establishes an Ozone Transport 

Region (OTR) comprised of the States of 

Connecticut, Delaware, Maine, 

Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

parts of Virginia and the District of 

Columbia. The purpose of the OTC is to 

deal with ground-level ozone formation, 

transport, and control within the OTR. 

Type of meeting: Open. 

Agenda: Copies of the final agenda 

will be available from the OTC office 

(202) 508–3840; by e-mail: 

ozone@otcair.org or via the OTC Web 

site at http://www.otcair.org. 

Dated: September 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–23994 Filed 9–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9205–4] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the City of 

Lewiston, ME and the Auburn, Maine 

Water District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the City of Lewiston, Maine and the 

Auburn, Maine Water District (‘‘AuburnLewiston’’) for the purchase of thirteen 

separate types of ductile iron pipe 

fittings (with various quantities for each 

individual fitting configuration totaling 

33 fittings) that are foreign 

manufactured as part of an upgrade 

project at the Auburn-Lewiston Water 

Treatment Facility. This is a project 

specific waiver and only applies to the 

use of the specified product for the 

ARRA project being proposed. Any 

other ARRA recipient that wishes to use 

the same product must apply for a 

separate waiver based on project 

specific circumstances. Based upon 

information submitted by AuburnLewiston, it has been determined that 

there are currently no domestically 

manufactured pipe fittings available to 

meet the Auburn-Lewiston’s project 

construction schedule. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the purchase of foreign 

manufactured pipe fittings by AuburnLewiston, as specified in its July 28, 

2010 request. 

DATES: Effective Date: September 15, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a project waiver of the 

requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the City of Lewiston, 

Maine and the Auburn, Maine Water 

District for the purchase of foreign 

manufactured pipe fittings as part of its 

water treatment facility upgrade project. 

The specific ductile iron fittings are not 

available from a domestic manufacturer 

to meet the project construction 

schedule. Section 1605 of the ARRA 

requires that none of the appropriated 

funds may be used for the construction, 

alteration, maintenance, or repair of a 

public building or a public works 

project unless all of the iron, steel, and 

manufactured goods used in the project 

is produced in the United States, or 

unless a waiver is provided to the 

recipient by the head of the appropriate 

agency, here the EPA. A waiver may be 

provided if EPA determines that (1) 

applying these requirements would be 

inconsistent with the public interest; (2) 

iron, steel, and the relevant 

manufactured goods are not produced in 

the United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality; or (3) inclusion of 

iron, steel, and the relevant 

manufactured goods produced in the 

United States will increase the cost of 

the overall project by more than 25 

percent. 

Consistent with the direction of the 

OMB Guidance at 2 CFR 176.120, EPA 

will generally regard waiver requests 

with respect to components that were 

specified in the bid solicitation or in a 

general/primary construction contract as 

‘‘late’’ if submitted after the contract 

date. However, in this case EPA has 

determined that the Auburn-Lewiston’s 

request, though made after the date that 

the contract was signed on March 11, 

2010, can be evaluated as timely 

because the supplier informed the 

subcontractor of the recipient on July 

19, 2010 that the domestic manufacturer 

would not be able to deliver the 

required type and number of fittings to 

meet the project schedule/delivery date. 

The need for a waiver was not 

determined until after the subcontractor 

had been informed of the extended 

delivery delay and further research 

indicated that there were no domestic 

manufacturers that could provide the 

necessary pipe fittings to meet the 

required project delivery schedule. The 

recipient could not reasonably foresee 

the need for such a determination until 

it was informed that the specific 

domestic pipe fittings would not be 

available at the originally scheduled 

time frame. Accordingly, EPA will 

evaluate the request as if it were timely. 

Auburn-Lewiston is constructing a 

new Ultraviolet (UV) disinfection 

treatment facility in order to comply 

with the Long Term 2 Enhanced Surface 

Water Treatment Rule requirements of 

the Safe Drinking Water Act, and part of 

the work involves the installation of 

new pipe and pipe fittings. According to 

information provided by AuburnLewiston, there are 13 different fitting 

types of various sizes and connection 

types, resulting in a total of 33 

individual fittings. The fittings are also 

required to meet the following 

specifications: (1) Manufactured to 

conform with ANSI/AWWA A21.51/ 

C151; (2) inside bituminous coating; and 

(3) outside primer of TNEMEC 

Omnithane Series 1. 


srobinson on DSKHWCL6B1PROD with NOTICES