[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]


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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.

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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]]



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              Category                    Examples of regulated entities                   SIC codes
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Industry............................  The Ethyl Corporation, petroleum        2911, 5172, 2899.
                                       refining, 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 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