[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44775-44776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18276]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6837-4]
Final Notification of Alternative Tier 2 Requirements for
Methylcyclopentadienyl Manganese Tricarbonyl (MMT)
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: The purpose of this notice is to announce that the
Environmental Protection Agency (EPA) has notified the Ethyl
Corporation (Ethyl), manufacturer of the motor fuel additive
methylcyclopentadienyl manganese tricarbonyl (MMT), and other affected
registrants of motor fuels and additives containing MMT, of Alternative
Tier 2 health and exposure testing requirements.
DATES: The Alternative Tier 2 testing requirements for MMT are
effective upon receipt by Ethyl of the notification letter discussed in
this notice.
ADDRESSES: Written requests for information regarding this notification
should be addressed to Public Docket Number A-98-35, Waterside Mall
(Room M-1500), Environmental Protection Agency, Air Docket Section, 401
M Street, SW, Washington, DC 20460. A copy of the notification
transmitted to Ethyl and the notification transmitted to other affected
registrants have been placed in Docket A-98-35. Documents may be
inspected between the hours of 8:00 a.m. to 5:30 p.m., Monday through
Friday. A reasonable fee may be charged for copying docket material.
FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, U.S.
Environmental Protection Agency, Office of Air and Radiation, (202)
564-9034.
SUPPLEMENTARY INFORMATION:
Regulated Entities.
Entities who may be regulated pursuant to the notifications
referenced in this notice are those that manufacture or use the fuel
additive MMT. Regulated categories and entities include:
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Examples of
Category regulated entities SIC Codes
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Industry........................ The Ethyl 2911, 5172, 2899.
Corporation,
petroleum
refiners,
gasoline
importers, fuel
additive
manufacturers.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA has concluded
could potentially be regulated pursuant to the notifications. Other
types of entities not listed in this table could also be regulated. If
you have any questions regarding the applicability of the notifications
to a particular entity, consult the person listed in the preceding
section dealing with EPA contacts.
I. Introduction
The Clean Air Act (CAA), as amended, required the Administrator of
EPA to promulgate regulations requiring manufacturers of fuels and fuel
additives (``F/FAs'') to conduct tests to determine potential health
effects of such products. The final rule, promulgated on May 27, 1994,
established new health effects testing requirements for the
registration of designated F/FAs as authorized by CAA sections
211(b)(2) and 211(e) of the CAA.
The registration requirements are organized within a three-tier
structure. Tier 1 requires F/FA manufacturers to supply to EPA (1) the
identity and concentration of certain emission products of designated
F/FAs and an analysis of potential emission exposures, and (2) any
available information regarding the health and welfare effects of the
whole and speciated emissions. 40 CFR 79.52. Tier 2 requires that
combustion emissions of each F/FA subject to the testing requirements
be tested for subchronic systemic and organic toxicity, as well as the
assessment of specific health effect endpoints. 40 CFR 79.53. Tier 3
testing may be required, at EPA's discretion, when remaining
uncertainties as to the significance of observed health or welfare
effects, or emissions exposures interfere with EPA's ability to
reasonably assess the potential risks posed by emissions from a F/FA.
40 CFR 79.54. EPA's regulations permit submission of adequate existing
test
[[Page 44776]]
data in lieu of conducting new duplicative tests. 40 CFR 79.53(b).
At its discretion, EPA may modify the standard Tier 2 health
effects testing requirements for a F/FA (or group thereof) by
substituting, adding, or deleting testing requirements, or changing the
underlying vehicle/engine specifications. 40 CFR 79.58(c). EPA will
not, however, delete a testing requirement for a specific endpoint in
the absence of existing adequate information, or an alternative testing
requirement for that endpoint. 40 CFR 79.58(c). When EPA exercises its
authority under this special provision, it will allow an appropriate
time for completion of the prescribed alternative tests.
II. Proposed Alternative Tier 2 Requirements for MMT
On January 29, 1999, Ethyl was notified by certified letter of
certain tests which the Agency proposed to require under the
Alternative Tier 2 provisions for MMT, and the proposed schedule for
completion and submission of such tests. Other affected registrants of
fuels and fuel additives containing MMT were also notified by certified
letter. An associated Federal Register notice (64 FR 6294) initiated a
60-day public comment period. Copies of the documents associated with
the proposed tests and schedule under the Alternative Tier 2 provisions
have been placed in the docket.
The purpose of this notice is to announce that the Environmental
Protection Agency (EPA) has notified Ethyl, the manufacturer of MMT,
and other affected registrants of fuels and additives containing MMT,
of the adoption of Alternative Tier 2 testing requirements under 40 CFR
79.58(c) for fuels containing up to \1/32\ gram per gallon (gpg)
manganese in the form of MMT.
The purpose of the Alternative Tier 2 test requirements is to
address specific research needs related to assessment of the potential
risks associated with use of fuels containing MMT. The Alternative Tier
2 test requirements are within two general categories, pharmacokinetic
testing of manganese compounds and characterization of manganese
emissions from vehicles utilizing fuels containing MMT. These
Alternative Tier 2 testing requirements are intended to be the first
stage in a two-stage Alternative Tier 2 test program. EPA intends to
evaluate the results produced in the first stage of testing, as well as
any other information which may be submitted to or obtained by EPA in
the meantime, in determining the specific nature and scope of the
second stage of Alternative Tier 2 testing. Any additional Alternative
Tier 2 tests proposed for fuels and additives containing MMT in the
future will be announced in a separate Federal Register notice.
On May 19, 2000, Ethyl was notified by a certified letter of the
specific tests which the Agency is requiring under the Alternative Tier
2 provisions for MMT, and the schedule for completion and submission of
such tests. Other affected registrants of fuels and additives
containing MMT were also notified by certified letter. A copy of the
notification to Ethyl and the notification to other registrants,
including a description of the Alternative Tier 2 tests and the
schedule for such tests, has been placed in the Public Docket Number A-
98-35, Waterside Mall (Room M-1500), Environmental Protection Agency,
Air Docket Section, 401 M Street, SW, Washington, DC 20460. The
notifications are also available on the internet via EPA's Mobile
Source home page at http://www.epa.gov/OMSWWW/.
III. Environmental Impact
EPA's health effects testing notifications for MMT will result in
no immediate environmental impact. Section 211(c) of the CAA, however,
authorizes EPA to take regulatory action to control or prohibit
manufacture or sale of fuels and fuel additives if testing information
submitted by registrants or other information available to EPA
indicates that use of such products may be reasonably anticipated to
endanger public health or welfare. Thus, information obtained from
health effects testing conducted by manufacturers of F/FAs may provide
a basis for subsequent regulatory action.
IV. Economic Impact
The testing requirements which are the subject of this notice will
have a potential economic impact on the affected registrants, who are
obligated to make expenditures to conduct any required testing. EPA
does not anticipate that there will be any direct economic impact on
registrants of fuels and additives containing MMT other than Ethyl,
because Ethyl has stated that it will be responsible for satisfying any
test requirements imposed by EPA for the group of fuels and additives
containing MMT.
The regulations at 40 CFR 79.58(d) also contain special provisions
limiting testing obligations for those fuel or fuel additive
manufacturers whose total annual sales are less than $10 million. EPA
does not believe that the testing requirements which are the subject of
these notifications will have any economic impact on small entities.
List of Subjects in 40 CFR Part 79
Environmental protection, Air pollution control, Gasoline,
Conventional gasoline, Methylcyclopentadienyl manganese tricarbonyl,
and Motor vehicle pollution.
Dated: June 20, 2000.
Robert A. Perciasepe,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 00-18276 Filed 7-18-00; 8:45 am]
BILLING CODE 6560-50-P