Background and Requested Flexibilities Sample Clauses

Background and Requested Flexibilities. Crompton has been for many years a producer of tributyltin compounds (“TBT”) 6 used in antifouling marine paints. TBT based paints were first used in the 1970’s to assist in keeping ship hulls free of marine organisms. TBT acts both as a biocide and as an agent that imparts a “self-polishing” quality to marine paints. In the 1980’s, regulatory organizations in the United States and around the world became concerned about levels of TBT being found in the marine environment, especially in the vicinity of 6 As used herein, the term “TBT” refers to a variety of compounds which include bis(tributyltin) oxide and tributyltin methacrylate and the corresponding acrylic and/or methacrylic copolymers). shipyards and marinas. In response to these concerns, in 1988, Congress passed and the President signed into law the Organotin Antifouling Paint Control Act of 1988 (“OAPCA”).7 OAPCA, and the state and federal regulations or regulatory actions that followed its passage, were intended to reduce the amount of TBT loading to the environment while at the same time permitting the continued use of TBT based paints on large ocean going vessels. OAPCA required sampling of the water column, tissues of marine organisms and sediments to determine whether the OAPCA-mandated regulatory restrictions actually resulted in reduced TBT concentrations in the marine environment. OAPCA at §§ 7(a), (c), (e) and 8(b). In 1989, EPA issued a data call-in (the “DCI”)8 to Crompton and others registrants pursuant to its authority under the Federal, Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.A. §§ 136-136y, (“FIFRA”).9 The stated purpose of the DCI was to “measure the adequacy of the current regulatory action to protect non-target organisms by reducing the existing levels of tributyltin residues.” DCI at p. 3. It required TBT registrants, including Crompton to monitor for ten years, TBT concentrations in the water column, sediments and the tissues of marine organisms at certain specified areas in the Great Lakes and near-coastal waterways of the United States. Eight years of data have been produced pursuant to the DCI. These data indicate that there has been a general downward trend in TBT concentrations in the marine environment. The data are consistent with data gathered by the U.S. Navy, the National Oceanic and Atmospheric Administration, the National Status and Trends Mussel Watch, and other researchers both in the United States and around the world. EPA reviews of the DCI data have...
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Related to Background and Requested Flexibilities

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