[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Proposed Rules]
[Pages 6294-6296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3141]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 79
[FRL-6231-9]
Proposed Alternative Tier 2 Requirements for
Methylcyclopentadienyl Manganese Tricarbonyl (MMT)
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed requirements.
-----------------------------------------------------------------------
SUMMARY: The purpose of this document is to announce that the
Environmental Protection Agency (EPA) has notified the Ethyl
Corporation (Ethyl), manufacturer of the fuel additive
methylcyclopentadienyl manganese tricarbonyl (MMT), and other affected
registrants of fuels and additives containing MMT, of proposed
Alternative Tier 2 health and exposure testing requirements. The
purpose of the proposed testing requirements is to assist in
characterizing potential health risks associated with use of the
additive in unleaded gasoline. By this document, EPA is affording an
opportunity for members of the public to comment on these proposed
requirements.
DATES: EPA will review and consider all comments on the proposed
Alternative Tier 2 testing requirements for MMT which are received by
EPA no later than March 30, 1999.
ADDRESSES: Written comments on this proposed action should be addressed
to Public Docket Number A-98-35, Waterside Mall (Room M-1500),
Environmental Protection Agency, Air Docket Section, 401 M Street,
S.W., Washington, D.C. 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 document are those that manufacture or use the fuel
additive MMT. Regulated categories and entities include:
[[Page 6295]]
----------------------------------------------------------------------------------------------------------------
Category Examples of regulated entities SIC codes
----------------------------------------------------------------------------------------------------------------
Industry............................ The Ethyl Corporation, petroleum 2911, 5172, 2899.
refining, gasoline importers, fuel
additive manufacturers.
----------------------------------------------------------------------------------------------------------------
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 is now aware
that 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 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 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
The purpose of this document is to announce that the Environmental
Protection Agency (EPA) has notified the Ethyl Corporation (Ethyl), the
manufacturer of MMT, and other affected registrants of fuels and
additives containing MMT, of proposed 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. This document also is
intended to afford an opportunity for public comment on the proposed
requirements.
The purpose of the proposed 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
proposed 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 document.
On January 29, 1999, Ethyl was notified by certified letter of the
specific tests which the Agency is proposing 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 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 proposed Alternative
Tier 2 tests and the proposed 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,
S.W., Washington, D.C. 20460. The notifications are also available on
the internet via EPA's Mobile Source home page at http://www.epa.gov/
OMSWWW/. The Agency is affording an opportunity for public comment on
these proposed requirements.
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 proposed testing requirements which are the subject of this
document 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.
[[Page 6296]]
List of Subjects in 40 CFR Part 79
Environmental protection, Air pollution control, Gasoline,
Conventional gasoline, Methylcyclopentadienyl manganese tricarbonyl,
and Motor vehicle pollution.
Dated: February 2, 1999.
Robert A. Perciasepe,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 99-3141 Filed 2-8-99; 8:45 am]
BILLING CODE 6560-50-P
