[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41896-41898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 09-19860]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0001; FRL-8414-3]


Proposed Acute Exposure Guideline Levels for Hazardous 
Substances; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The National Advisory Committee for Acute Exposure Guideline 
Levels for Hazardous Substances (NAC/AEGL Committee) is developing 
AEGLs on an ongoing basis to provide Federal, State, and local agencies 
with information on short-term exposures to hazardous substances. This 
notice provides a list of 19 proposed AEGLs that are available for 
public review and comment. Comments are welcome on both the proposed 
AEGLs and their Technical Support Documents placed in the docket.

DATES: Comments must be received on or before September 18, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2009-0001, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
      Mail: Document Control Office (7407M), Office of 
Pollution Prevention and Toxics (OPPT), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
      Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID Number EPA-HQ-OPPT-2009-0001. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0001. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise

[[Page 41897]]

protected through regulations.gov or e-mail. The regulations.gov 
website is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the docket and made available on the Internet. If you submit 
an electronic comment, EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. The telephone number of the EPA/DC Public Reading 
Room is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
     For technical information contact: Paul S. Tobin, Designated 
Federal Officer (DFO), Office of Pollution Prevention and Toxics 
(7406M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8557; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the general public to provide an 
opportunity for review and comment on proposed AEGLs and their 
Technical Support Documents. This action may be of particular interest 
to anyone who may be affected if the AEGLs are adopted by government 
agencies for emergency planning, prevention, or response programs, such 
as EPAs Risk Management Program under the Clean Air Act and Amendments 
Section 112r. It is possible that other Federal agencies besides EPA, 
as well as State and local agencies and private organizations, may 
adopt the AEGLs for their programs. As such, the Agency has not 
attempted to describe all the specific entities that may be affected by 
this action. If you have any questions regarding the applicability of 
this action to a particular entity, consult the DFO listed under FOR 
FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments, 
remember to:
     i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information 
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use 
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

     EPAs Office of Prevention, Pesticides and Toxic Substances (OPPTS) 
provided notice on October 31, 1995 (60 FR 55376) (FRL-4987-3) of the 
establishment of the NAC/AEGL Committee with the stated charter 
objective as ``the efficient and effective development of AEGLs and the 
preparation of supplementary qualitative information on the hazardous 
substances for Federal, State, and Local agencies and organizations in 
the private sector concerned with [chemical] emergency planning, 
prevention, and response.'' The NAC/AEGL Committee is a discretionary 
Federal advisory committee formed with the intent to develop AEGLs for 
hazardous substances through the combined efforts of stakeholder 
members from both the public and private sectors in a cost-effective 
approach that avoids duplication of efforts and provides uniform 
values, while employing the most scientifically sound methods 
available.
    This action provides notice of availability for public review and 
comment, of proposed AEGLs and underlying supporting documents for 19 
hazardous substances. These AEGLs represent the 12\th\ set of exposure 
levels proposed and published by the NAC/AEGL Committee. These 12 sets 
of AEGLs cover 259 hazardous substances. Background information on the 
AEGL Program may be found in these earlier Federal Register notices, in 
the regulations.gov, or on the AEGL

[[Page 41898]]

webpage (http://www.epa.gov/oppt/aegl).
    Following public review and comment, the NAC/AEGL Committee will 
reconvene to consider relevant comments, data, and information that may 
have an impact on the NAC/AEGL Committees position and will again seek 
consensus for the establishment of Interim AEGLs. Although the Interim 
AEGLs will be available to Federal, State and local agencies and to 
organizations in the private sector as biological reference values, it 
is intended to have them reviewed by a subcommittee of the National 
Academies (NAS). The NAS subcommittee will serve as a peer review of 
the Interim AEGLs and as the final arbiter in the resolution of issues 
regarding the AEGLs, and the data and basic methodology used for 
setting AEGLs. Following concurrence, Final AEGLs will be published 
under the auspices of the NAS.

III. List of Hazardous Substances

    On behalf of the NAC/AEGL Committee, EPA is providing an 
opportunity for public comment on the proposed AEGLs for the 19 
hazardous substances identified in the table in this unit. Technical 
Support Documents are available in the docket for this notice. See 
ADDRESSES for docket information.


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               Chemical Name                         CAS Number
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1,2-Butylene oxide                          106-88-7
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Bromoacetone                                598-31-2
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Cyanogen                                    460-19-5
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Ethylbenzene                                100-41-4
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Ethylisocyanate                             109-90-0
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Ethylphosphorodichloridate                  1498-51-7
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Germane                                     7782-65-2
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Malathion                                   121-75-5
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Methylisothiocyanate                        556-61-6
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Methylparathion                             298-00-0
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n-Butyl isocyanate                          111-36-4
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Nitrogentrifluoride                         7783-54-2
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Nitrogentetroxide                           10544-72-6
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Parathion                                   56-38-2
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Phenyl isocyanate                           103-71-9
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Phorate                                     298-02-2
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t-Octyl mercaptan                           141-59-3
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Tear gas                                    2698-41-1
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Trimethylacetyl chloride                    3282-30-2
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List of Subjects

     Environmental protection, Acute Exposure Guideline Levels, 
Hazardous substances, Health.


    Dated: August 4, 2009.
Stephen A. Owens,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 09-19860 Filed 8-18-09; 8:45 am]
BILLING CODE 6560-50-S