[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23116]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[OPPTS-62134B; FRL-4906-9]
Rin 2070-AC21
Lead Fishing Sinkers; Notice of Informal Hearing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; informal hearing.
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SUMMARY: On March 9, 1994, at 59 FR 11122, EPA published a proposed
rule to prohibit the manufacturing, processing, and distribution in
commerce in the United States of certain smaller fishing sinkers
containing lead and zinc, alone or mixed with other substances,
including those made of brass. In that notice, the Agency stated that
it would hold an informal hearing if persons requested time for oral
comment. EPA has received requests for a hearing on the proposed rule
and will hold a 2-day public hearing.
DATES: The hearing will take place on November 30 and December 1, 1994,
from 10 a.m. until 4 p.m. Written requests to participate in the
hearing, including written requests for a waiver to participate, must
be received no later than November 9, 1994. Reply comments must be
received on or before December 15, 1994.
ADDRESSES: The hearing will be held at the Omni Shoreham Hotel, 2500
Calvert St., NW., Washington, DC. Three copies of any request to
participate in the informal hearing, identified with docket number
OPPTS-62134B must be submitted to: TSCA Docket Receipt (7407), Office
of Pollution Prevention and Toxics, Rm. E-G99, Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460. Requests for a waiver to
participate in the informal hearing by those organizations that did not
file main comments must be sent to EPA Headquarters Hearing Clerk, Mail
Code 1900, 401 M St., SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Rm. E-G99, Environmental Protection Agency, 401
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202)
554-0551.
SUPPLEMENTARY INFORMATION: The procedures for rulemaking under section
6 of the Toxic Substances Control Act (TSCA) are identified in 40 CFR
part 750, subpart A. The following summarizes the procedures and
logistics associated with this informal hearing pursuant to 40 CFR part
750. Participants and/or commenters are advised to see 40 CFR part 750
for greater detail.
Each person or organization desiring to participate in the informal
hearing shall file a written request to participate with the OPPT
Document Control Officer, TSCA Docket Receipts, Office of Pollution
Prevention and Toxics, Rm. E-G99, Environmental Protection Agency, 401
M St., SW., Washington, DC 20460. The request must be received by the
Agency no later than November 9, 1994. The request shall include: (1) A
brief statement of the interest of the person or organization in the
proceeding; (2) a brief outline of the points to be addressed; (3) an
estimate of the time required; and (4) if the request comes from an
organization, a non-binding list of the persons to take part in the
presentation. Organizations are requested to bring with them, to the
extent possible, employees with individual expertise in and
responsibility for each of the areas to be addressed. An organization
that has not filed main comments on the rulemaking will not be allowed
to participate in the hearing, unless a waiver of this requirement is
granted in writing by the Record and Hearing Clerk or the organization
is appearing at the request of EPA or under subpoena (40 CFR 750.6(a)).
A panel of EPA employees shall preside at the hearing, and one
panel member will chair the proceedings. The panel may question any
individual or group participating in the hearing on any subject
relating to the rulemaking. Opening statements should be brief and
restricted to points that could not have been made in main comments, or
to emphasize points which are made in main comments, but which the
participant believes can be more forcefully urged in the hearing
context. Persons in the hearing audience may submit questions in
writing for the hearing panel to ask the participants, and the hearing
panel may, at their discretion, ask these questions (40 CFR 750.7(a)
and (b)). See 40 CFR 750.7(c) for the rule governing the submission of
additional material by the hearing participants.
After the close of the hearing, any participant in the hearing may
submit a written request for cross-examination. The request shall be
received by EPA no later than 1 week after a full transcript of the
hearing becomes available (to determine when the transcript is
available, interested persons should call the number listed under FOR
FURTHER INFORMATION CONTACT). See 40 CFR 750.8(a) for a description of
the information that shall be included in such a request.
Interested persons may file reply comments. Reply comments shall be
received on or before December 15, 1994, and shall be restricted to
comments on: (1) Other comments; (2) material in the hearing record;
and (3) material which was not available to the commenting party within
a sufficient amount of time before main comments were due on July 8,
1994 (40 CFR 750.4(b)). Extensions of time for filing reply comments
may be granted pursuant to 40 CFR 750.4(c). Reply comments and a
transcript of the hearing will be placed in the TSCA Nonconfidential
Information Center as part of the rulemaking record for the proposed
rule (docket number OPPTS-62134) and will be available for inspection
and copying (see TSCA Docket Receipt Office listed under ADDRESSES).
Any information claimed as Confidential Business Information (CBI) that
is part of the record for this rulemaking is not available for public
review. A public version of the record, from which information claimed
as CBI has been excluded, is available for inspection.
List of Subjects in 40 CFR Part 745
Environmental protection, Hazardous substances, Lead, Recordkeeping
and notification requirements.
Dated: September 12, 1994.
Mark Greenwood,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 94-23116 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-F
