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Federal Register / Vol. 70, No.

101 / Thursday, May 26, 2005 / Proposed Rules 30407

ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION receiving comments. Follow the on-line


AGENCY AGENCY instructions for submitting comments.
• Mail: Air and Radiation Docket and
40 CFR Part 52 40 CFR Part 63 Information Center (Mail Code 6102T),
Room B108, 1200 Pennsylvania Ave.,
[OAR–2005–0085; FRL–7918–5]
[R03–OAR–2005–PA–0008; FRL–7917–1] NW., Washington, DC 20460].
• Hand Delivery: Air and Radiation
Petition to Remove 4,4′-Methylene
Approval and Promulgation of Air Docket and Information Center (Mail
Diphenyl Diisocyanate From the List of
Quality Implementation Plans; Code 6102T), Room B102, U.S. EPA,
Hazardous Air Pollutants
Pennsylvania; VOC and NOX RACT 1301 Constitution Avenue, NW.,
Determinations for Eleven Individual AGENCY: Environmental Protection Washington, DC 20460. Such deliveries
Sources; Partial Withdrawal of Agency (EPA). are only accepted during the Docket’s
Proposed Rule ACTION: Notice of receipt of a complete normal hours of operation, and special
petition to delist 4,4′-methylene arrangements should be made for
AGENCY: Environmental Protection diphenyl diisocyanate from the list of deliveries of boxed information.
Agency (EPA). hazardous air pollutants. Instructions: Direct your comments to
Docket ID No. OAR–2005–0085. The
ACTION: Partial withdrawal of proposed EPA’s policy is that all comments
SUMMARY: The EPA is announcing the
rule. received will be included in the public
receipt of a complete petition from the
Diisocyanates Panel of the American docket without change and may be
SUMMARY: Due to incomplete
Chemistry Council (ACC) requesting made available online at http://
information contained in the www.epa.gov/edocket, including any
Commonwealth’s submission, EPA is EPA to remove the chemical 4,4′-
methylene diphenyl diisocyanate personal information provided, unless
withdrawing an individual source that the comment includes information
was included as part of a proposed rule (MDI)(Chemical Abstract Service No.
101–68–8) from the list of hazardous air claimed to be Confidential Business
to approve Pennsylvania’s SIP Information (CBI) or other information
pertaining to source-specific volatile pollutants (HAP) contained in section
112(b)(1) of the Clean Air Act (CAA). whose disclosure is restricted by statute.
organic compounds (VOC) and nitrogen Do not submit information that you
oxides (NOX) RACT determinations for We have determined that the ACC’s
original petition dated December 23, consider to be CBI or otherwise
eleven individual sources located in protected through EDOCKET,
Pennsylvania. The proposed rule was 2002, and the addenda provided by the
ACC through March 7, 2005, will regulations.gov, or e-mail. The EPA
published on March 31, 2005 (70 FR EDOCKET and the Federal
16469). Subsequently, EPA is support an assessment of the human
health impacts associated with people regulations.gov Web sites are
withdrawing the one provision of that ‘‘anonymous access’’ systems, which
proposed rule. living in the vicinity of facilities
emitting MDI. In addition, the data means EPA will not know your identity
DATES: The proposed addition of the submitted by the ACC will support an or contact information unless you
entry for Dart Container Corporation in assessment of the environmental provide it in the body of your comment.
40 CFR 52.2020(d)(1) published at 70 FR impacts associated with emissions of If you send an e-mail comment directly
16469 is withdrawn as of May 26, 2005. MDI to the ambient air and deposited to EPA without going through
onto soil or water. Consequently, we EDOCKET or regulations.gov, your e-
FOR FURTHER INFORMATION CONTACT:
have concluded that ACC’s petition is mail address will be automatically
Pauline De Vose, (215) 814–2186, or by captured and included as part of the
e-mail at devose.pauline@epa.gov. complete as of March 7, 2005, the date
that the last addendum was received, comment that is placed in the public
SUPPLEMENTARY INFORMATION: See the and is ready for public comment and the docket and made available on the
information provided in the proposed technical review phase of our delisting Internet. If you submit an electronic
rule located in the Proposed Rules comment, EPA recommends that you
procedure.
section of the March 31, 2005, Federal include your name and other contact
The EPA invites the public to
Register (70 FR 16469). EPA is information in the body of your
comment on the petition and to provide
withdrawing only the provision for one comment and with any disk or CD-ROM
additional data, beyond that filed in the
individual source, namely, Dart you submit. If EPA cannot read your
petition, on sources, emissions,
Container Corporation, Upper Leacock comment due to technical difficulties
exposure, health effects and
Township, Lancaster County, and cannot contact you for clarification,
environmental impacts associated with
Pennsylvania. The other actions in the EPA may not be able to consider your
MDI that may be relevant to our
March 31, 2005, Federal Register are comment. Electronic files should avoid
technical review. The petition is
not affected. the use of special characters, any form
available through Docket ID OAR–2005–
of encryption, and be free of any defects
List of Subjects in 40 CFR Part 52 0085.
or viruses. For additional instructions
DATES: Written comments must be on submitting comments, go to the
Environmental protection, Air
received on or before June 27, 2005. SUPPLEMENTARY INFORMATION section of
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, ADDRESSES: Submit your comments, this document.
Reporting and recordkeeping identified by Docket ID OAR–2005– Docket: All documents in the docket
requirements, Volatile organic 0085, by one of the following methods: are listed in the EDOCKET index at
compounds. • Federal eRulemaking Portal: http:// http://www.epa.gov/edocket. Although
www.regulations.gov. Follow the on-line listed in the index, some information is
Dated: May 16, 2005. instructions for submitting comments. not publicly available, i.e., CBI or other
Donald S. Welsh, • Agency Web site: http:// information whose disclosure is
Regional Administrator, Region III. www.epa.gov/edocket. EDOCKET, EPA’s restricted by statute. Certain other
[FR Doc. 05–10510 Filed 5–25–05; 8:45 am] electronic public docket and comment information, such as copyrighted
BILLING CODE 6560–50–P system, is EPA’s preferred method for material, is not placed on the Internet

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30408 Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules

and will be publicly available only in • If you estimate potential costs or that the petitioner must provide
hard copy form. Publicly available burdens, explain how you arrived at adequate data on the health and
docket materials are available either your estimate in sufficient detail to environmental effects of the substance
electronically in EDOCKET or in hard allow for it to be reproduced. to determine that emissions, ambient
copy form at the Air and Radiation • Provide specific examples to concentrations, bio-accumulation or
Docket, Docket ID No. 2005–0085, EPA/ illustrate your concerns, and suggest deposition of the substance may not
DC, EPA West, Room B102, 1301 alternatives. reasonably be anticipated to cause any
Constitution Ave., NW., Washington, • Explain your views as clearly as adverse effects to human health or
DC. The Public Reading Room is open possible, avoiding the use of profanity adverse environmental effects.
from 8:30 a.m. to 4:30 p.m., Monday or personal threats. C. How Does EPA Review a Petition To
through Friday, excluding legal • Make sure to submit your Delist a HAP?
holidays. The telephone number for the comments by the comment period
Public Reading Room is (202) 566–1744, deadline identified. The petition review process proceeds
and the telephone number for the Air in two phases: A completeness
II. Petitions To Delist a Hazardous Air determination and a technical review.
and Radiation Docket is (202) 566–1742. Pollutant During the completeness determination,
FOR FURTHER INFORMATION CONTACT: Dr.
A. What Is the List of Hazardous Air we conduct a broad review of the
Scott Jenkins, Office of Air Quality petition to determine whether all of the
Planning and Standards, Emission Pollutants?
necessary subject areas are addressed. In
Standards Division (Mailcode C404–01), The list of HAP includes a wide addition, we determine if adequate data,
EPA, Research Triangle Park, NC 27711; variety of organic and inorganic analyses, and evaluation are included
telephone number: (919) 541–1167; fax substances released from large and for each subject area. Once the petition
number: (919) 541–0840; e-mail address: small industrial operations, fossil fuel is determined to be complete, we place
jenkins.scott@epa.gov. combustion, gasoline and diesel- a notice of receipt of a complete petition
SUPPLEMENTARY INFORMATION: powered vehicles, and many other in the Federal Register. That notice
sources. The HAP have been associated announces a public comment period on
I. General Information with a wide variety of adverse health the petition and starts the technical
A. What Should I Consider as I Prepare effects, including cancer, neurological review phase of our decision-making
My Comments for EPA? effects, reproductive effects, and process. The technical review
developmental effects. The health determines whether the petition has
1. Submitting CBI. Do not submit this effects associated with the various HAP
information to EPA through EDOCKET, satisfied the necessary requirements and
may differ depending upon the toxicity can support a decision to delist the
regulations.gov or e-mail. Clearly mark of the individual HAP and the particular
the part or all of the information that HAP. All comments and data submitted
circumstances of exposure, such as the during the public comment period are
you claim to be CBI. For CBI amount of chemical present, the length
information in a disk or CD ROM that considered during the technical review.
of time a person is exposed, and the
you mail to EPA, mark the outside of the stage in life of the person when the D. How Is the Decision To Delist a HAP
disk or CD ROM as CBI and then exposure occurs. The list of HAP, which Made?
identify electronically within the disk or includes MDI, can be found in section The decision to either grant or deny
CD ROM the specific information that is 112(b)(1) of the CAA. The HAP list a petition is made after a comprehensive
claimed as CBI. In addition to one provides the basis for research, technical review of both the petition
complete version of the comment that regulation, and other related EPA and the information received from the
includes information claimed as CBI, a activities under the CAA. public to determine whether the
copy of the comment that does not petition satisfies the requirements of
contain the information claimed as CBI B. What Is a Delisting Petition?
section 112(b)(3)(C) of the CAA. If the
must be submitted for inclusion in the A delisting petition is a formal request Administrator decides to grant a
public docket. Information so marked to EPA from an individual or group to petition, a proposal will be published in
will not be disclosed except in remove a specific HAP from the HAP the Federal Register announcing that
accordance with procedures set forth in list. The removal of a HAP from the list decision and the opportunity for public
40 CFR part 2. eliminates it from consideration in comment. That notice would propose a
2. Tips for Preparing Your Comments. EPA’s program to promulgate national, modification of the HAP list and present
When submitting comments, remember technology-based emissions control the reasoning for doing so. However, if
to: standards. This technology-based the Administrator decides to deny a
• Identify the rulemaking by docket standards program is commonly referred petition, a notice setting forth an
number and other identifying to as the maximum achievable control explanation of the reasons for denial
information (subject heading, Federal technology (MACT) program. will be published instead. A notice of
Register date and page number). Petitions to add or delete chemicals denial constitutes final Agency action of
• Follow directions—The Agency from the HAP list are allowed under nationwide scope and applicability and
may ask you to respond to specific section 112(b)(3)(A) of the CAA. The is subject to judicial review as provided
questions or organize comments by CAA specifies that any person may in section 307(b) of the CAA.
referencing a Code of Federal petition the Administrator to modify, by
Regulations (CFR) part or section addition or deletion, the list of HAP. III. Completeness Determination and
number. The EPA Administrator is required Request for Public Comment
• Explain why you agree or disagree; under section 112(b)(3)(A) of the CAA to On December 23, 2002, we received a
suggest alternatives and substitute either grant or deny a petition to delist petition from the ACC’s Diisocyanates
language for your requested changes. a specific HAP within 18 months of the Panel to remove MDI from the HAP list.
• Describe any assumptions and receipt of a complete petition. Because of incomplete documentation
provide any technical information and/ To delete a substance from the HAP of emissions information and modeling
or data that you used. list, CAA section 112(b)(3)(C) requires procedures, EPA determined that the

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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Proposed Rules 30409

petition was incomplete and requested • Identification and location of that inhalation is the only significant
that the petitioner provide additional facilities that emit MDI; route of human exposure to MDI
information. The petitioner submitted • Estimated emission rates of MDI for emissions. Using their revised MDI
an addendum on September 2, 2004, each facility; emissions inventory and some site-
addressing EPA’s concerns regarding the • Toxicological data describing the specific data as input for air dispersion
completeness of the petition. We human health and environmental effects modeling, the petition develops
identified a need for additional of MDI; estimates of the maximum annual and
information supporting the MDI • Atmospheric dispersion modeling
24-hour concentrations anticipated to
emissions estimates and the modeling that provide estimates of MDI
occur at the boundaries of facilities that
performed. The petitioner submitted a concentrations adjacent to facilities that
emit MDI. The petition compares
second addendum dated February 28, emit it;
• Environmental effects data modeling output to available health data
2005, to address these issues. We and concludes that, given the low
received one of the appendices to this characterizing the fate of MDI emitted to
the atmosphere; and concentrations anticipated to occur at
addendum, in the form of a CD–ROM,
on March 7, 2005. • Characterization of risks to human facility boundaries, MDI emissions
After reviewing the original petition health and the environment due to cannot reasonably be anticipated to
and the addenda, we have determined emissions of MDI. cause chronic or acute adverse health
that all of the necessary subject areas for The petitioners revised the estimates impacts in people living near MEI-
a human health and environmental risk of MDI emissions contained in the 1996 emitting facilities.
assessment have been addressed. National Emissions Inventory (NEI) The petition also claims that MDI is
Therefore, the petition is complete and using a method described by William not expected to adversely impact the
ready for technical review. The ACC’s Robert and colleagues in the article environment. Work supporting MDI’s
last submission, received March 7, 2005, titled, ‘‘Developing a National low environmental toxicity, lack of
marked the start of the 18-month Emissions Inventory for MDI,’’
environmental persistence, and its low
technical review and decision period. (Environmental Manager, October,
potential for bioaccumulation is
Today’s notice initiates our 2001). Many of these changes were
presented.
comprehensive technical review of the incorporated into the 1999 NEI. The
petition and invites public comment on petitioners have continued to revise We invite the public to comment on
the substance of the petition as emissions estimates for MDI since the the technical merits of this petition and
described above. 1999 NEI. The petition presents their to submit any information that may
revised MDI emissions inventory which, impact EPA’s ultimate decision to grant
IV. Description of Petition according to the petitioners, represents or deny the petitioner’s request.
The original petition and addenda an improvement over the 1999 NEI. Dated: May 18, 2005.
provided by the ACC contain the These revisions resulted in a 400
Robert Brenner,
following information: percent increase in the number of
• Background data on MDI including facilities that emit MDI and a 75 percent Acting Assistant Administrator for Air and
chemical properties, physical decrease in national MDI emissions. Radiation.
properties, production data, and use Based on the chemical and physical [FR Doc. 05–10579 Filed 5–25–05; 8:45 am]
data; properties of MDI, the petitioner claims BILLING CODE 6560–50–P

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