[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Proposed Rules]
[Page 49619-49621]
[DOCID:fr22au08-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0752; Directorate Identifier 2008-NE-22-AD]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Canada (P&WC) JT15D-5;
-5B; -5F; and -5R Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as follows:

    There have been several reported incidents of high altitude,
dual engine flameout on JT15D-5 engines powered aircraft operating
in certain meteorological conditions. Subsequent to the
investigation of incidents,

review of the engine design has revealed that the Fuel Control Hydro
Mechanical Unit (HMU) P3 servo can be exposed to excessive moisture
and freezing.

We are proposing this AD to prevent engine flameout, and possible dual-
engine flameout events, caused by excessive moisture and freezing in
the P3 servo, during certain flight conditions.

DATES: We must receive comments on this proposed AD by September 22,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park; Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0752;
Directorate Identifier 2008-NE-22-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued Canadian AD CF-2008-23, dated June 27, 2008 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states the following:

    There have been several reported incidents of high altitude,
dual engine flameout on JT15D-5 engine powered aircraft operating in
certain meteorological conditions. Subsequent to the investigation
of incidents, review of the engine design has revealed that the Fuel
Control HMU P3 servo can be exposed to excessive moisture and
freezing. To preclude P3 servo freezing, P&WC has issued JT15D ASB
No. JT15D-72-A7611 to re-route compressor delivery air to the HMU
and improve moisture separation.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    P&WC has issued ASB No. JT15D-72-A7611, Revision 1, dated June 16,
2008. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of Canada,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with Canada, they have notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are proposing this AD because we evaluated all the
information provided by Canada and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design. This proposed AD requires replacing the compressor air to
HMU delivery tube with a new, re-routed tube. The new tube provides
warmer and dryer P3 air, improves moisture separation, and directs the
moisture away from the HMU through a drain hole.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 1,500 products of U.S. registry. We also estimate
that it would take about 3 work-hours per product to comply with this
proposed AD. The average labor rate is $80 per work-hour. Required
parts would cost about $1,981 per product for JT15D-5 and -5R engines,
and $3,169 per product for JT15D-5B and -5R engines. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $4,222,500. Our cost estimate is exclusive of possible warranty
coverage.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative,

on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Pratt & Whitney Canada: Docket No. FAA-2008-0752; Directorate
Identifier 2008-NE-22-AD.

Comments Due Date

    (a) We must receive comments by September 22, 2008.

Affected Airworthiness Directives (ADs)

    (b) None.

Applicability

    (c) This AD applies to the following Pratt & Whitney Canada
(P&WC) turbofan engines with compressor air to HMU delivery tube,
part number (P/N) 3119150-01 installed:
    (1) JT15D-5 turbofan engines, serial numbers (SNs) below and
including SN PCE-100411.
    (2) JT15D-5 turbofan engines, SNs below and including SN PCE-
JA0818.
    (3) All JT15D-5B turbofan engines.
    (4) All JT15D-5F turbofan engines.
    (5) JT15D-5R turbofan engines SNs below and including SN PCE-
JG0104.
    (6) All JT15D-5 turbofan engines converted to model JT15D-5R by
incorporation of P&WC Service Bulletin No. 7605.
    These engines are installed on, but not limited to, Cessna
models 500; 501; 550; 551; S550; 560; and 560 Ultra airplanes;
Mitsubishi models 300 and 300-10 airplanes; and Hawker Beechcraft
models 400; 400A; and 400T airplanes.

Reason

    (d) Transport Canada AD CF-2008-23, dated June 27, 2008, states:

    There have been several reported incidents of high altitude,
dual engine flameout on JT15D-5 engines powered aircraft operating
in certain meteorological conditions. Subsequent to the
investigation of incidents, review of the engine design has revealed
that the Fuel Control Hydro Mechanical Unit (HMU) P3 servo can be
exposed to excessive moisture and freezing. To preclude P3 servo
freezing, P&WC has issued JT15D Alert Service Bulletin (ASB) JT15D-
72-A7611 to re-route compressor delivery air to the HMU and improve
moisture separation. Considering the potentially hazardous
consequence of possible in-flight dual engine flameout, this
airworthiness directive is issued to mandate the incorporation of
P&WC ASB JT15D-72-A7611 to the affected JT15D-5 engines, in order to
minimize the possibility of this hazard.

    We are issuing this AD to prevent engine flameout, and possible
dual-engine flameout events, caused by excessive moisture and
freezing in the P3 servo, during certain flight conditions.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within 200 flight hours after the effective date of this AD
or by December 31, 2008, whichever occurs first, remove from service
compressor air to HMU delivery tube, P/N 3119150-01.
    (2) Install a serviceable compressor air to HMU delivery tube.
    (3) Tube installation in accordance with P&WC Alert Service
Bulletin (ASB) No. JT15D-72-A7611, Revision 1, dated June 16, 2008,
meets the requirements of this AD.

Prohibition of Compressor Air to HMU Delivery Tube, P/N 3119150-01

    (4) After the effective date of this AD, do not install any
compressor air to HMU delivery tube, P/N 3119150-01, onto any
engine.

Definition

    (f) For the purpose of this AD, a serviceable compressor air to
HMU delivery tube is a compressor air to HMU delivery tube that is
other than the old/removed tube part number listed in this AD.
    (g) Alternative Methods of Compliance (AMOCs): The Manager,
Engine Certification Office, FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19.

Previous Credit

    (h) Replacement of the compressor air to HMU delivery tube using
P&WC ASB No. JT15D-72-A7611, dated March 26, 2008, before the
effective date of this AD, meets the requirements of this AD.

Related Information

    (i) Refer to Transport Canada AD CF-2008-23, dated June 27,
2008, for related information.
    (j) Contact Ian Dargin, Aerospace Engineer, Engine Certification
Office, FAA, Engine and Propeller Directorate, 12 New England
Executive Park; Burlington, MA 01803; e-mail<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for more information
about this AD.

    Issued in Burlington, Massachusetts, on August 15, 2008.
Robert G. Mann,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E8-19390 Filed 8-21-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Proposed Rules]
[Pages 953-958]
[FR Doc No: X10-60107]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0956; FRL-9101-1]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 2002 Base Year Emission Inventory, Reasonable Further
Progress Plan, Contingency Measures, Reasonably Available Control
Measures, and Transportation Conformity Budgets for the Philadelphia
1997 8-Hour Moderate Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Maryland State
Implementation Plan (SIP) to meet the 2002 base year emissions
inventory, the reasonable further progress (RFP) plan, RFP contingency
measure, and reasonably available control measure (RACM) requirements
of the Clean Air Act (CAA) for the Maryland portion of the Philadelphia
moderate 1997 8-hour ozone nonattainment area. EPA is also proposing to
approve the transportation conformity motor vehicle emissions budgets
(MVEBs) and associated with this revision. EPA is proposing to approve
the SIP revision because it satisfies the emission inventory, RFP,
RACM, and RFP contingency measures, transportation conformity
requirements for areas classified as moderate nonattainment for the
1997 8-hour ozone national ambient air quality standard (NAAQS) and
demonstrates further progress in reducing ozone precursors. EPA is
proposing to approve the SIP revision pursuant to section 110 and part
D of the CAA and EPA's regulations.

DATES: Written comments must be received on or before February 8, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0956 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0956, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0956. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
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 protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public 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.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    The following is provided to aid in locating information in this
document.

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Is EPA's Evaluation of the Revision?
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to approve a revision to the Maryland SIP
submitted by the Maryland Department of the Environment (MDE) on June
4, 2007 to meet the emissions inventory and RFP requirements of the CAA
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone nonattainment area (Philadelphia NAA). EPA
is proposing to approve the 2002 base year emissions inventory, the 15
percent RFP plan and

associated projected 2008 emission inventories, the contingency
measures for failure to meet 2008 RFP, the RACM analysis, and the RFP
2008 MVEBs. The RFP plan demonstrates that emissions will be reduced 15
percent for the period of 2002 through 2008. The volatile organic
compound (VOC) MVEB is 2.3 tons per day (tpd) and the nitrogen oxides
(NOX) MVEB is 7.9 tpd. EPA is proposing to approve the SIP
revision because it satisfies RFP, contingency measure, RACM, RFP
transportation conformity, and emissions inventory requirements for
areas classified as moderate nonattainment for the 1997 8-hour ozone
NAAQS and demonstrates further progress in reducing ozone precursors.
EPA is proposing to approve the SIP revision pursuant to section 110
and part D of the CAA and EPA's regulations.

II. What Is the Background for This Action?

    In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA
set the 8-hour ozone standard based on scientific evidence
demonstrating that ozone causes adverse health effects at lower ozone
concentrations and over longer periods of time, than was understood
when the pre-existing 1-hour ozone standard was set. EPA determined
that the 8-hour standard would be more protective of human health,
especially children and adults who are active outdoors, and individuals
with a pre-existing respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the Philadelphia NAA. The
Philadelphia NAA includes Cecil County, Maryland; five counties in
Pennsylvania; nine counties in New Jersey; and the entire State of
Delaware.
    These designations triggered the CAA's section 110(a)(1)
requirement that states must submit attainment demonstrations for their
nonattainment areas to EPA by no later than three years after the
promulgation of a NAAQS. Accordingly, EPA's Phase 1 8-hour ozone
implementation rule (Phase 1 rule), published on April 30, 2004 (69 FR
23951), specifies that states must submit attainment demonstrations for
their nonattainment areas to the EPA by no later than three years from
the effective date of designation, that is, by June 15, 2007.
    Pursuant to the Phase 1 rule, an area was classified under subpart
2 of the CAA based on its 8-hour design value if that area had a 1-hour
design value at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2). Based on this criterion, the Philadelphia NAA
was classified under subpart 2 as a moderate nonattainment area.
    On November 29, 2005 (70 FR 71612), as revised on June 8, 2007 (72
FR 31727), EPA published the Phase 2 final rule for implementation of
the 8-hour standard (Phase 2 rule). The Phase 2 rule addressed the RFP
control and planning obligations as they apply to areas designated
nonattainment for the 1997 8-hour ozone NAAQS.
    Among other things, the Phase 1 and 2 rules outline the SIP
requirements and deadlines for various requirements in areas designated
as moderate nonattainment. The rules further require that modeling and
attainment demonstrations, reasonable further progress plans,
reasonably available control measures, projection year emission
inventories, motor vehicle emissions budgets, and contingency measures
were all due by June 15, 2007 (40 CFR 51.908(a), (c)).
    Section 182(b)(1) of the CAA and EPA's 1997 8-hour ozone
implementation rule (40 CFR 51.910) require each 8-hour ozone
nonattainment area designated moderate and above to submit an emissions
inventory and RFP Plan, for review and approval into its SIP, that
describes how the area will achieve actual emissions reductions of VOC
and NOX from a baseline emissions inventory.

III. What Is EPA's Evaluation of the Revision?

    EPA's analysis and findings are discussed in this proposed
rulemaking and a more detailed discussion is contained in the Technical
Support Document for this Proposal which is available on line at http:/
/www.regulations.gov, Docket number EPA-R03-OAR-2009-0956.
    On June 4, 2007, Maryland submitted a comprehensive plan for the
Maryland portion of the Philadelphia NAA (i.e., Cecil County) to
address the CAA's 8-hour ozone attainment requirements that were
identified earlier (the Cecil County 8-hour ozone plan). The SIP
submittal included an attainment demonstration plan, RFP plans for 2008
and 2009, a RACM analysis, contingency measures, on-road VOC and
NOX MVEBs, and the 2002 base year emissions inventory. These
SIP revisions were subject to notice and comment by the public and the
State addressed the comments received on the proposed SIPs. All
sections of this SIP submittal with the exception of the attainment
demonstration plan will be discussed in this rulemaking. The attainment
demonstration plan sections of this SIP submittal will be discussed in
a separate rulemaking.

A. Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, current
inventory of actual emissions from all sources and is required by
section 172(c)(3) of the CAA. For ozone nonattainment areas, the
emissions inventory needs to contain VOC and NOX emissions
because these pollutants are precursors to ozone formation. EPA
recommended 2002 as the base year emissions inventory, and is therefore
the starting point for calculating RFP. Maryland submitted its 2002
base year emissions inventory on June 4, 2007. A summary of Cecil
County 2002 base year VOC and NOX emissions inventories is
included in Table 1, below.

Table 1--Cecil County 2002 Base Year VOC & NOX Emissions in Tons per Day
                                  (tpd)
------------------------------------------------------------------------
             Emission source category                  VOC        NOX
------------------------------------------------------------------------
Point.............................................       0.28       0.02
Stationary Area...................................       4.93       0.20
Non-Road Mobile...................................       8.37       2.97
On-Road Mobile....................................       4.00      14.22
Total (excluding Biogenics).......................      42.94          0
Biogenics.........................................      17.58      17.40
------------------------------------------------------------------------

B. Adjusted Base Year Inventory and 2008 RFP Target Levels

    The process for determining the emissions baseline from which the
RFP reductions are calculated is described in section 182(b)(1) of the
CAA and 40 CFR 51.910. This baseline value is the 2002 adjusted base
year inventory. Sections 182(b)(1)(B) and (D) require the exclusion
from the base year inventory of emissions benefits resulting from the
Federal Motor Vehicle Control Program (FMVCP) regulations promulgated
by January 1, 1990, and the Reid Vapor Pressure (RVP) regulations
promulgated June 11, 1990 (55 FR 23666). The FMVCP and RVP emissions
reductions are determined by the State using EPA's on-road mobile
source emissions modeling software, MOBILE6. The FMVCP and RVP emission
reductions are then removed from the base year inventory by the State,
resulting in an adjusted base year inventory. The emission reductions
needed to satisfy the RFP requirement are then calculated from the
adjusted base year inventory.

These reductions are then subtracted from the adjusted base year
inventory to establish the emissions target for the RFP milestone year
(2008).
    For moderate areas like the Philadelphia NAA, the CAA specifies a
15 percent reduction in ozone precursor emissions over an initial six-
year period. In the Phase 2 Rule, EPA interpreted this requirement for
areas that were also designated nonattainment and classified as
moderate or higher for the 1-hour ozone standard. In the Phase 2 Rule,
EPA provided that an area classified as moderate or higher that has the
same boundaries as an area, or is entirely composed of several areas or
portions of areas, for which EPA fully approved a 15 percent plan for
the 1-hour NAAQS, is considered to have met the requirements of section
182(b)(1) of the CAA for the 8-hour NAAQS. In this situation, a
moderate nonattainment area is subject to RFP under section 172(c)(2)
of the CAA and shall submit, no later than 3 years after designation
for the 8-hour NAAQS, a SIP revision that meets the requirements of 40
CFR 51.910(b)(2). The RFP SIP revision must provide for a 15 percent
emission reduction (either NOX and/or VOC) accounting for
any growth that occurs during the six-year period following the
baseline emissions inventory year, that is, 2002-2008.
    The Maryland portion of the Philadelphia NAA under the 1-hour ozone
standard had the same boundary as the Maryland portion of the
Philadelphia NAA under the 1997 8-hour ozone standard. The Philadelphia
NAA under the 1-hour ozone standard was classified as severe. EPA
approved Maryland's 15% plan for its portion of the Philadelphia severe
ozone nonattainment area on July 29, 1997 (62 FR 40457). Therefore,
according to the Phase 2 Rule, the RFP plan for Cecil County may use
either NOX or VOC emissions reductions (or both) to achieve
the 15 percent emission reduction requirement.
    According to section 182(b)(1)(D) of the CAA, emission reductions
that resulted from the FMVCP and Reid Vapor Pressure RVP rules
promulgated prior to 1990 are not creditable for achieving RFP emission
reductions. Therefore, the 2002 base year inventory is adjusted by
subtracting the VOC and NOX emission reductions that are
expected to occur between 2002 and the future milestone years due to
the FMVCP and RVP rules.
    Maryland sets out its calculations for the adjusted base year
inventory and 2008 RFP target levels in Section 5 of the Cecil County
8-hour ozone plan.
    Step 1. Calculate the Cecil County 2002 anthropogenic base year
inventory. This is found in Table 5-1 of the Cecil County 8-hour ozone
plan, and shown in Table 2, below.

      Table 2--Cecil County 2002 Anthropogenic Base Year Inventory
                           [Ozone season tpd]
------------------------------------------------------------------------
                  Source category                      VOC        NOX
------------------------------------------------------------------------
Point.............................................       0.28       0.02
Area..............................................       4.93       0.20
Non-Road..........................................       8.37       2.97
On-Road...........................................       4.00      14.22
                                                   ---------------------
    Total.........................................      17.58      17.40
------------------------------------------------------------------------

    Step 2. Maryland calculated the non-creditable emission reductions
between 2002 and 2008 by modeling its 2002 and 2008 motor vehicle
emissions with all post-1990 CAA measures turned off, and calculating
the difference. See Table 3, below.

        Table 3--Cecil County Non-Creditable Emission Reductions
                           [Ozone season tpd]
------------------------------------------------------------------------
                  Source category                      VOC        NOX
------------------------------------------------------------------------
(i) 2002 On-Road..................................       5.42      16.09
(ii) 2008 On-Road.................................       4.73      13.90
Non-creditable Reductions (i)-(ii)................       0.69       2.19
------------------------------------------------------------------------

    Step 3. Maryland's calculations of the Cecil County 2002 VOC and
NOX inventories adjusted relative to 2008 and VOC and
NOX target levels for 2008 are found in Table 5-4 and
Appendix C of the Cecil County 8-hour ozone plan, and are summarized in
Table 4, below.

        Table 4--Cecil County 2008 RFP Target Level Calculations
                           [Ozone season tpd]
------------------------------------------------------------------------
         Description              Formula          VOC           NOX
------------------------------------------------------------------------
A 2002 Rate of Progress Base   .............         17.58         17.40
 Year Inventory.
B FMVCP/RVP Reductions         .............          0.69          2.19
 Between 2002 and 2008.
C 2002 Adjusted Base Year      A-B..........         16.89         15.21
 Inventory Relative to 2008.
D RFP Reductions Totaling 15%  .............          7             8
E Emissions Reductions         C * D........          1.18          1.22
 Required Between 2002 and
 2008.
F Target Level for 2008......  C-E..........         15.71         13.99
------------------------------------------------------------------------

C. Projected Inventories and Determination of RFP

    Maryland describes its methods used for developing its 2008
projected VOC and NOX inventories in Section 4.0 and
Appendix B of the Cecil County 8-hour ozone plan. Projected
uncontrolled and controlled 2008 VOC and NOX emissions are
found in Appendix C of the Cecil County 8-hour ozone plan. EPA reviewed
the procedures Maryland used to develop its projected inventories and
found them to be reasonable.
    Projected controlled 2008 emissions for Cecil County are summarized
in Table 4-3 of the Cecil County 8-hour ozone plan. The data from Table
4-3 is presented below, in Table 5, below.

   Table 5--Cecil County 2008 Projected Controlled VOC & NOX Emissions
                                  (tpd)
------------------------------------------------------------------------
                                                       VOC        NOX
             Emission source category               emissions  emissions
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
Point.............................................       0.39       0.02
Area..............................................       4.75       0.23
Non-road..........................................       7.23       2.87
Mobile............................................       2.29       7.93
                                                   ---------------------
    Total.........................................      14.65      11.05
------------------------------------------------------------------------

    To determine if 2008 RFP is met in Cecil County, the total
projected controlled emissions must be compared to the target levels
calculated in the

previous section of this document. As shown below in Table 6, the total
VOC and NOX emission projections meet the 2008 emission
targets. Therefore, the 2008 RFP in Cecil County is demonstrated.

  Table 6--Determination of Whether RFP Is Met in 2008 in Cecil County
------------------------------------------------------------------------
                                                       VOC        NOX
                    Description                     emissions  emissions
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
A Total 2008 Projected Controlled Emissions.......      14.65      11.05
B Target Level for 2008...........................      15.71      13.99
RFP met if A < B..................................      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Yes.

D. Control Measures and Emission Reductions for RFP

    The control measures Maryland took credit for in order to meet the
RFP requirement in Cecil County are described in Section 6.0 of the
Cecil County 8-hour ozone plan. Maryland used a combination of on-road
mobile, non-road mobile, and area source control measures to meet the
RFP requirement for Cecil County.
    The on-road mobile measures Maryland used to meet 2008 RFP in Cecil
County include enhanced vehicle inspection and maintenance (enhanced I/
M), Tier I vehicle emission standards and new federal evaporative test
procedures (Tier I), reformulated gasoline, the national low emission
vehicle (NLEV) program, and the federal heavy-duty diesel engine (HDDE)
rule. Maryland calculated the emission reductions for 2008 RFP using
the MOBILE model for these on-road mobile measures. EPA reviewed the
procedures that MDE used to develop its projected inventories,
including the use of the MOBILE model, and found them to be reasonable.
Maryland calculated the on-road mobile 2008 emission reductions to be
1.75 tpd VOC and 3.78 tpd NOX.
    The non-road measures Maryland used to meet 2008 RFP in Cecil
County include non-road small gasoline engines, non-road diesel engines
(Tier I and Tier II), marine engine standards, emission standards for
large spark engines, and reformulated gasoline used in non-road motor
vehicles and equipment. Maryland used the NONROAD model to calculate
emission reductions from these non-road measures. EPA reviewed the
procedures that MDE used to develop its projected inventories,
including the use of the NONROAD model, and found them to be
reasonable. Maryland calculated the non-road mobile 2008 emission
reductions to be 1.18 tpd VOC and 0.28 tpd NOX.
    The other measures that Maryland used to meet RFP in Cecil County
are railroad engine standards (Tier 2), the consumer and commercial
products rule (Phase I), the architectural and industrial (AIM)
coatings rule, and the portable fuel containers rule (Phase I). In the
Technical Support Document (TSD) for this action, EPA evaluates each of
these measures and calculated the projected 2008 emission for each
measure. For details, please refer to EPA's TSD.
    The tier 2 railroad engine standards for newly manufactured and
remanufactured diesel-powered locomotives and locomotive engines took
effect in 2000. EPA calculated 2008 emission reductions from railroad
engines to be 0.20 tpd NOX.
    A federal measure requires reformulation of AIM coatings, which are
field-applied coatings used by industry, contractors, and homeowners to
coat houses, buildings, highway surfaces, and industrial equipment for
decorative or protective purposes. Maryland's AIM rule was effective on
March 29, 2004. EPA calculated 2008 emission reductions from Maryland's
AIM rule to be 0.39 tpd VOC.
    The phase I commercial and consumer products rule requires the
reformulation of certain consumer products to reduce their VOC content.
Maryland's consumer products rule was effective on August 18, 2003. EPA
calculated 2008 emission reductions from Maryland's consumer and
commercial products rule to be 0.14 tpd VOC.
    The phase I portable fuel containers rule introduces performance
standards for portable fuel containers and spouts, and is intended to
reduce emissions from storage, transport and refueling activities.
Maryland's portable fuel container rule was effective on January 21,
2002. EPA calculated 2008 emission reductions from Maryland's portable
fuel containers rule to be 0.32 tpd VOC.
    Table 7 summarizes the emission reductions that Maryland claimed in
the Cecil County 8-hour ozone plan to meet RFP in Cecil County. For
certain control measures, the 2008 projected emission reductions
calculated by EPA differ from the 2008 projected emission reductions
that MDE is taking credit for in the Cecil County 8-hour ozone plan.
The total 2008 projected emission reductions calculated by EPA are
greater than the emission reductions claimed by MDE in the Cecil County
8-hour ozone plan. Therefore, the emission reductions claimed in the
Cecil County 8-hour ozone plan are approvable.

 Table 7--Control Measures and 2008 Emission Reductions in Cecil County
------------------------------------------------------------------------
                  Control measure                   VOC (tpd)  NOX (tpd)
------------------------------------------------------------------------
On-road Mobile Measures...........................       1.75       3.78
Non-road Model....................................       1.18       0.28
Railroads (Tier 2)................................       0.00       0.15
OTC--Consumer Products Phase 1....................       0.14       0.00
OTC--AIM Coatings.................................       0.39       0.00
OTC--Portable Fuel Containers Phase 1.............       0.26       0.00
                                                   ---------------------
    Total.........................................       3.71       4.21
------------------------------------------------------------------------

E. Contingency Measures

    Section 172(c)(9) of the CAA requires a state with a moderate or
above ozone nonattainment area to include sufficient additional
contingency measures in its RFP plan in case the area fails to meet
RFP. The same provision of the CAA also requires that the contingency
measures must be fully adopted control measures or rules. Upon failure
to meet an RFP milestone requirement, the state must be able to
implement the contingency measures without any further rulemaking
activities. Upon implementation of such measures, additional emission
reductions of at least 3 percent of the adjusted 2002 baseline
emissions must be achieved. For more information on contingency
measures, see the April 16, 1992 General Preamble (57 FR 13512) and the
November 29, 2005 Phase 2 8-hour ozone implementation rule (70 FR
71612).
    To meet the requirements for contingency emission reductions, EPA
allows states to use NOX emission reductions to substitute
for VOC emission reductions in their contingency plans. However, MDE
chose to use only VOC reductions to meet the contingency measure
requirement in Cecil County. MDE discusses its Cecil County contingency
measures for failure to meet RFP in Section 10.2 of the Cecil County 8-
hour ozone plan. MDE calculated the contingency VOC reduction for Cecil
County as shown in Table 8, below. The RFP contingency requirement may
be met by including in the RFP plan a demonstration of 18 percent VOC &
NOX RFP. The additional 3 percent reduction above the 15
percent requirement must be attributed to specific measures.

                  Table 8--Cecil County 2008 RFP Contingency Measure Target Level Calculations
----------------------------------------------------------------------------------------------------------------
                  Description                                  Formula                     VOC           NOX
----------------------------------------------------------------------------------------------------------------
A 2002 Rate-Of Progress Base Year Inventory....  ...................................         17.58         17.40
B FMVCP/RVP Reductions Between 2002 And 2008...  ...................................          0.69          2.19
C 2002 Adjusted Base Year Inventory Relative To  A - B..............................         16.89         15.21
 2008.
D RFP Reductions Totaling 15%..................  ...................................          0.07          0.08
E RFP Emissions Reductions Required Between      C * D..............................          1.18          1.22
 2002 & 2008.
F Contingency Percentage.......................  ...................................      \1\ 3         \1\ 0
G Contingency Emission Reduction Requirements..  C * F..............................          0.51          0
H Contingency Measure Target Level for 2008....  C - E - G..........................         15.20         13.99
----------------------------------------------------------------------------------------------------------------
\1\ Percent.

    To determine if Maryland met the three percent contingency measure
requirement for Cecil County, the total projected controlled emissions
must be compared to the contingency measure target levels calculated
above. As shown below in Table 9, the total VOC and NOX
emission projections meet the 2008 contingency measure targets.
Therefore, MDE has met the contingency measure requirement for Cecil
County.

  Table 9--Evaluation of the Cecil County 2008 RFP Contingency Measure
                               Requirement
------------------------------------------------------------------------
                    Description                     VOC (tpd)  NOX (tpd)
------------------------------------------------------------------------
A Total 2008 Projected Controlled Emissions.......      14.65      11.05
B Contingency Measure Target Level for 2008.......      15.20      13.99
Contingency measure requirement met if A < B......      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Yes.

F. RACM Analysis

    Pursuant to section 172(c)(1) of the CAA, states are required to
implement all RACM as expeditiously as practicable for each
nonattainment area. Specifically, section 172(c)(1) states the
following: ``In general--Such plan provisions shall provide for the
implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology) and
shall provide for attainment of the national primary ambient air
quality standards.'' Furthermore, in EPA's Phase 2 Rule, EPA describes
how states must include a RACM analysis with their attainment
demonstration (70 FR 71659). The purpose of the RACM analysis is to
determine whether or not reasonably available control measures exist
that would advance the attainment date for nonattainment areas. Control
measures that would advance the attainment date are considered RACM and
must be included in the SIP. RACM are necessary to ensure that the
attainment date is achieved ``as expeditious as practicable.'' RACM is
defined by the EPA as any potential control measure for application to
point, area, on-road and non-road emission source categories that meets
the following criteria:
     The control measure is technologically feasible.
     The control measure is economically feasible.
     The control measure does not cause ``substantial
widespread and long-term adverse impacts.''
     The control measure is not ``absurd, unenforceable, or
impracticable.''
     The control measure can advance the attainment date by at
least one year.
    MDE addresses the RACM requirement in Section 7.0 and Appendix E of
the Cecil County 8-hour ozone plan. To meet the RACM requirement,
Maryland must demonstrate that it has adopted all RACM necessary to
move Cecil County and the Philadelphia NAA toward attainment as
expeditiously as practicable and to meet all RFP requirements. As
demonstrated above in Sections C and D of this document, Maryland has
met the RFP requirements for Cecil County.
    MDE used two independently developed lists of potential control
measures for its RACM analysis. The first list consists of the RACM
analysis performed for the Washington, DC NAA's 8-hour ozone plan. The
second list of measures was developed by the Baltimore Metropolitan
Council (BMC) with MDE in 2006. These measures are evaluated in
Appendices E-1 and E-2 of the Cecil County 8-hour ozone plan.
    EPA has reviewed MDE's RACM analysis in the TSD for this action.
MDE evaluated all source categories that could contribute meaningful
emission reductions, and evaluated an extensive list of potential
control measures. MDE considered the time needed to develop and adopt
regulations and the time it would take to see the benefit from these
measures. EPA concurs with MDE's conclusion that there are no RACM that
would have advanced the moderate area attainment date of 2010 for Cecil
County and the Philadelphia NAA. Therefore, MDE's RACM analysis in the
Cecil County 8-hour ozone plan is approvable.

G. Transportation Conformity Budgets

    Transportation conformity is required by CAA section 176(c). EPA's
conformity rule requires that transportation plans, programs and
projects conform to state air quality implementation plans and
establishes the criteria and procedure for determining whether or not
they do. Conformity to a SIP means that transportation activities will
not produce new air quality violations, worsen existing violations, or
delay timely attainment of the national ambient air quality standards.
    States must establish VOC and NOX MVEBs for each of the
milestone years up to the attainment year and submit the mobile budgets
to EPA for approval. Upon adequacy determination or approval by EPA,
states must conduct transportation conformity analysis for their
Transportation Improvement Programs (TIPs) and long range
transportation plans to ensure highway vehicle emissions will not
exceed relevant MVEBs.
    MDE discusses transportation conformity in Section 8.0 of the Cecil
County 8-hour ozone plan. MDE describes the methods it used to
calculate the 2008 mobile emissions inventory in Appendix F of the
Cecil County 8-hour ozone plan. The Cecil County MVEB for the 2008 RFP
is based on the projected 2008 mobile source emissions accounting for
all mobile control measures. The MVEBs for the 2008 RFP are shown in
Table 10, below.

                  Table 10--Cecil County 2008 RFP MVEBs
------------------------------------------------------------------------
                         VOC (tpd)                            NOX (tpd)
------------------------------------------------------------------------
2.3........................................................          7.9
------------------------------------------------------------------------

    In a March 27, 2009 Federal Register notice (74 FR 13433), EPA
notified the public that EPA found that the 2008 RFP MVEBs in the Cecil
County 8-hour ozone plan are adequate for transportation conformity
purposes. In addition to the budgets being adequate for transportation
conformity purposes, EPA found the procedures Maryland used to develop
the MVEBs to be reasonable. The budgets are identical to the projected
2008 on-road mobile source emission inventories. Because the 2008 RFP
MVEBs are adequate for transportation conformity purposes and the
methods MDE used to develop them are correct, the 2008 RFP budgets are
approvable.

V. What Are EPA's Conclusions?

    EPA's review of the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; Maryland's RACM analysis; and 2008 transportation conformity
budgets contained in MDE's June 4, 2007 SIP revision submittal for
Cecil County fully addressed the CAA's requirements. Therefore, EPA is
proposing approval of those elements of MDE's June 4, 2007 Cecil County
8-hour ozone plan. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule pertaining to Cecil County's 2002
base year emissions inventory; 2008 ozone projected emission inventory;
2008 RFP plan; RFP contingency measures; RACM analysis; and 2008
transportation conformity budgets does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 23, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-15 Filed 1-6-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Notices]
[Page 21937-21941]
[DOCID:fr23ap08-67]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0320; FRL-8361-9]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Inventory) to
notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of
TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing
exemption (TME), and to publish periodic status reports on the
chemicals under review and the receipt of notices of commencement to
manufacture those chemicals. This status report, which covers the
period from March 3, 2008 through March 21, 2008, consists of the PMNs
pending or expired, and the notices of commencement to manufacture a
new chemical that the Agency has received under TSCA section 5 during
this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before May 23, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0320, 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-2008-0320. 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<PHONE_NUMBER>. 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-
2008-0320. 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 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. 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: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (202) 554-

1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the premanufacture notices
addressed in the action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
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. Why is EPA Taking this Action?

    Section 5 of TSCA requires any person who intends to manufacture
(defined by statute to include import) a new chemical (i.e., a chemical
not on the TSCA Inventory to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. Under
sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a
notice of receipt of a PMN or an application for a TME and to publish
periodic status reports on the chemicals under review and the receipt
of notices of commencement to manufacture those chemicals. This status
report, which covers the period from March 3, 2008 through March 21,
2008, consists of the PMNs pending or expired, and the notices of
commencement to manufacture a new chemical that the Agency has received
under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs

    This status report identifies the PMNs pending or expired, and the
notices of commencement to manufacture a new chemical that the Agency
has received under TSCA section 5 during this time period. If you are
interested in information that is not included in the following tables,
you may contact EPA as described in Unit II. to access additional non-
CBI information that may be available.
    In Table I of this unit, EPA provides the following information (to
the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: the EPA case number assigned to the
PMN; the date the PMN was received by EPA; the projected end date for
EPA's review of the PMN; the submitting manufacturer; the potential
uses identified by the manufacturer in the PMN; and the chemical
identity.

                                             I. 56 Premanufacture Notices Received From: 3/01/08 to 3/21/08
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Projected Notice End
              Case No.                    Received Date               Date           Manufacturer/Importer           Use                  Chemical
--------------------------------------------------------------------------------------------------------------------------------------------------------
P-08-0265                            03/03/08                05/31/08                Ashland Inc.,          (G) Adhesive for       (G) Polymer of
                                                                                Environmental Health   bonding wood, metal    isocyanic acid,
                                                                                and Safety             and ceramics           polymethylene
                                                                                polyphenylene ester,
                                                                                with alkyl
                                                                                polyamine, .alpha.-
                                                                                hydro-.gamma.-
                                                                                hydroxypoly[(oxy(met
                                                                                hyl-1,2-ethanediyl))
                                                                                and methyloxirane
P-08-0266                            03/04/08                06/01/08                CBI                    (G) Anti-corrosive     (G) Guanidine, N,N'''-
                                                                                additive               alkanediylbis[N'-
                                                                                cyano-, polymer with
                                                                                alkanediamine,
                                                                                phosphate
P-08-0267                            03/04/08                06/01/08                CBI                    (G) Anti-static agent  (G) Modified
                                                                                for thermoplastic      polyolefin,
                                                                                resin                  aminoalkanoic acid
                                                                                and polyether
                                                                                copolymer.
P-08-0268                            03/05/08                06/02/08                Dow Automotive         (S) Automotive glass   (G) Silicone modified
                                                                                and body primer        urethane adduct
P-08-0269                            03/06/08                06/03/08                CBI                    (G) Polyester used in  (G) Polyester
                                                                                inks                   acrylate
P-08-0270                            03/07/08                06/04/08                CBI                    (G) Solder resist -    (G) Glycidyl
                                                                                open, non-dispersive   methacrylate
                                                                                use; printed circuit   modified
                                                                                ink containing the     carboxylated epoxy
                                                                                pmn material is        cresol novolac
                                                                                ready to use with no   acrylate
                                                                                further additions
                                                                                required
P-08-0271                            03/10/08                06/07/08                The Shepherd Chemical  (G) Automotive         (S) Molybdenum,
                                                                                Company                additive               borate neodecanoate
                                                                                oxo complexes
P-08-0272                            03/10/08                06/07/08                Firmenich Inc.         (S) Aroma for use in   (S) Extractives and
                                                                                fragrance mixtures,    their physically
                                                                                which in turn are      modified
                                                                                used in perfumes,      derivatives,
                                                                                soaps, cleansers,      passiflora edulis
                                                                                etc;                   Oil, passion flower,
                                                                                passiflora edulis

P-08-0273                            03/10/08                06/07/08                CBI                    (G) Polymer additive   (G) Alkyl silyl
                                                                                phosphonate
P-08-0274                            03/06/08                06/03/08                CBI                    (S) Aqueous            (G) Alkanedioic acid,
                                                                                dispersion of          polymer with
                                                                                polymer for leather    alkanediol,
                                                                                finishing              alkanediamine,
                                                                                alkanediol, hydroxy-
                                                                                (hydroxyalkyl)-alkyl-
                                                                                , trialkylamine,
                                                                                carbocycle-
                                                                                isocyanato-
                                                                                (isocyanatoalkyl)-
                                                                                trialkyl-,
                                                                                trialkylcyclohexane
                                                                                and alkylimino
                                                                                alcohol, salt
P-08-0275                            03/10/08                06/07/08                Alconix USA, Inc.      (S) A component of     (S) Cesium tungsten
                                                                                infrared absorption    oxide
                                                                                material
P-08-0276                            03/06/08                06/03/08                CBI                    (S) Colorant for       (G) Substituted-
                                                                                cellulosic paper       carbopolycyclic-
                                                                                [[heterocycle)-
                                                                                heterocycle-
                                                                                diyl]diimino]bis[sub
                                                                                stituted-
                                                                                [[sulfocarbocycle]az
                                                                                o]carbocycle]azo]-,
                                                                                sodium salt
P-08-0277                            03/12/08                06/09/08                CBI                    (G) Electrical         (G) Naphthalene
                                                                                sealant or putting     modified epoxy resin
                                                                                material
P-08-0278                            03/13/08                06/10/08                AOC L.L.C.             (S) Polyester          (S) 1,3-
                                                                                component for gel      benzenedicarboxylic
                                                                                coat for fiberglass    acid, polymer with
                                                                                reinforced plastic     2,2-dimethyl-1,3-
                                                                                parts                  propanediol, 2-ethyl-
                                                                                1-(hydroxymethyl)-
                                                                                1,3-propanediol, 2,5-
                                                                                furandione,
                                                                                hexanedioic acid and
                                                                                1,2-propanediol, 2-
                                                                                ethylhexyl ester
P-08-0279                            03/13/08                06/10/08                CBI                    (G) Polymers for       (G) Fatty acids,
                                                                                coatings               dimers, polymers
                                                                                with alkane diacid,
                                                                                aliphatic
                                                                                isocyanate, aromatic
                                                                                diacid, alkanediol,
                                                                                lactone and
                                                                                alkanetriol
P-08-0280                            03/13/08                06/10/08                CBI                    (G) Polymers for       (G) Fatty acids,
                                                                                coatings               dimers, polymers
                                                                                with alkane diacid,
                                                                                aliphatic
                                                                                isocyanate, aromatic
                                                                                diacid, alkanediol,
                                                                                lactone and
                                                                                alkanetriol
P-08-0281                            03/13/08                06/10/08                CBI                    (G) Cathode in         (G) Metal oxide
                                                                                batteries
P-08-0282                            03/13/08                06/10/08                CBI                    (G) Intermediate       (G) Cyanoalkane
P-08-0283                            03/13/08                06/10/08                Cognis Corporation     (G) Laundry detergent  (S) Octadecanoic
                                                                                additive               acid, 12-hydroxy-,
                                                                                homopolymer, ester
                                                                                with 1,2,3-
                                                                                propanetriol
                                                                                homopolymer
P-08-0284                            03/14/08                06/11/08                Momentive performance  (G) Coatings and       (G) Amino functional
                                                                                finishes               silicone polymer
P-08-0285                            03/14/08                06/11/08                Firmenich Inc.         (S) Aroma for use in   (S) Extractives and
                                                                                fragrance mixtures,    their physically
                                                                                which in turn are      modified
                                                                                used in perfumes,      derivatives, prunus
                                                                                soaps, cleansers,      persica Oil, peach
                                                                                etc;
P-08-0286                            03/13/08                06/10/08                CBI                    (S) Curing agent for   (G)
                                                                                epoxy resin in
                                                                                protective coatings
P-08-0287                            03/17/08                06/14/08                CBI                    (G) Polymer solution   (G)
                                                                                designed to            Hydrocarbylpolsilica
                                                                                facilitate the         te
                                                                                patterning of other
                                                                                features for the
                                                                                manufacturing of
                                                                                integrated circuits
P-08-0288                            03/17/08                06/14/08                CBI                    (S) Binder for wood    (G) Polyester
                                                                                coatings               polycarbonate
                                                                                polyurethane
                                                                                modified with
                                                                                polymer of acrylic
                                                                                anf vinyl esters
P-08-0289                            03/17/08                06/14/08                CBI                    (S) Curing agent for   (G) Alkylene, N1'-(2-
                                                                                epoxy resin in         aminoethyl)-N,-
                                                                                protective coatings    benzyl derivates
P-08-0290                            03/17/08                06/14/08                CBI                    (S) Curing agent for   (G) Alkylene diamine,
                                                                                epoxy resin in         N1,N1'-1,2-
                                                                                protective coatings    ethanediylbis-, N-
                                                                                benzyl derivates
P-08-0291                            03/17/08                06/14/08                CBI                    (S) Curing agent for   (G) Alkylene diamine,
                                                                                epoxy resin in         N-(3-aminopropyl)-N-
                                                                                protective coatings    [2-[(3-
                                                                                aminopropyl)amino]et
                                                                                hyl]-,N-benzyl
                                                                                derivs
P-08-0292                            03/17/08                06/14/08                CBI                    (S) Lube additive      (S) 1-propanamine, N-
                                                                                intermediate           (1-methylethyl)-, 3-
                                                                                (C12	15-alkloxy)
                                                                                derivates
P-08-0293                            03/17/08                06/14/08                CBI                    (S) Curing agent for   (G) 2-propenenitrile,
                                                                                epoxy resin in         reaction products
                                                                                coatings, adhesives,   with alkenediamine,
                                                                                encapsulants,          hydrogenated, N-(2-
                                                                                concrete repair        hydroxypropyl)
                                                                                materials              derivates
P-08-0294                            03/17/08                06/14/08                CBI                    (G) Chemical           (G)
                                                                                intermediate           Hydroxysubstitutedal
                                                                                kanoic acid, 2-[(2-
                                                                                methyl-1-oxo-
                                                                                propenyl-1-
                                                                                yl)oxy]ethyl ester
P-08-0295                            03/17/08                06/14/08                CBI                    (S) As ingredient of   (G)
                                                                                tomer                  Sulfonylcalixarene

P-08-0296                            03/17/08                06/14/08                CBI                    (G) Specialty          (G) Salt of a
                                                                                additive               derivative of a
                                                                                sulfonated petroleum
                                                                                distillate
P-08-0297                            03/17/08                06/14/08                CBI                    (G) Open, non-         (G) Phosphorous acid
                                                                                dispersive (resin)     ester
P-08-0298                            03/17/08                06/14/08                CBI                    (G) Open non           (G) Polyurethane
                                                                                dispersive
                                                                                (adhesive)
P-08-0299                            03/18/08                06/15/08                Cabb North America     (S) Anti foam agent    (S) Propanol, 1(or 2)-
                                                                                Inc.                   in cooling             (methyl-2-[(1,7,7-
                                                                                lubricants for chip-   trimethylbicyclo[2.2
                                                                                foaming                .1]hept-2-
                                                                                metallworking;         yl)oxy]ethoxy]-
                                                                                levelling agent in
                                                                                floor polishing
                                                                                products; anti foam
                                                                                agent in dishwashing
                                                                                detergents
                                                                                (dishwashers for
                                                                                commercials use
                                                                                only)
P-08-0300                            03/18/08                06/15/08                Colgate-Palmolive Co.  (G) Laundry product    (G) Amidoamine salt
                                                                                additive
P-08-0301                            03/18/08                06/15/08                CBI                    (G) Industrial liquid  (G) Polymer fatty
                                                                                coatings               acids, aliphatic
                                                                                diols, aliphatic
                                                                                polyols, and
                                                                                aromatic acids
P-08-0302                            03/18/08                06/15/08                CBI                    (G) Industrial         (G) Amino modified
                                                                                coating                polyetheracrylate
P-08-0303                            03/18/08                06/15/08                Firmenich, Inc.        (S) Aroma for use in   (S) Extractives and
                                                                                fragrance mixtures,    their physically
                                                                                which in turn are      modified
                                                                                used in perfumes,      derivatives,
                                                                                soaps, cleanser,       siparuna guianensis
                                                                                etc;                   Oil, siparuna
                                                                                guianensis
P-08-0304                            03/19/08                06/16/08                CBI                    (S) Lightfastness      (G) Substituted
                                                                                enhancer for dyed      carbocycle, [(N-
                                                                                polyester fiber        carbocycleamino)-
                                                                                heterocycle-yl]-bis-
P-08-0305                            03/20/08                06/17/08                CBI                    (G) Additive, open,    (G) Compound of
                                                                                non-dispersive use     oxalkylated amine
                                                                                with fatty acid
                                                                                adduct
P-08-0306                            03/20/08                06/17/08                CBI                    (G) Additive, open,    (G) Polyether
                                                                                non-dispersive use     urethane block
                                                                                compolymer
P-08-0307                            03/20/08                06/17/08                CBI                    (G) Additive, open,    (G) Fatty acid
                                                                                non-dispersive use     condensate
P-08-0308                            03/20/08                06/17/08                E. I. Dupont De        (S) Industrial         (G) Heteromonocycle
                                                                                Nemours                intermediate           carboxylic acid,
                                                                                bromo-(3-chloro-2-
                                                                                pyridinyl)-dihydro-,
                                                                                ethyl ester
P-08-0309                            03/20/08                06/17/08                E. I. Dupont De        (S) Industrial         (G) Heteromonocycle
                                                                                Nemours                intermediate           carboxylic acid,
                                                                                bromo-(3-chloro-2-
                                                                                pyridinyl)-, ethyl
                                                                                ester
P-08-0310                            03/20/08                06/17/08                E. I. Dupont De        (S) Industrial         (G) Heteromonocycle
                                                                                Nemours                intermediate           carboxylic acid, (3-
                                                                                chloro-2-pyridinyl)-
                                                                                oxo-, ethyl ester
P-08-0311                            03/20/08                06/17/08                E. I. Dupont De        (S) Industrial         (G) Heteromonocycle
                                                                                Nemours                intermediate           carboxylic acid, (3-
                                                                                chloro-2-pyridinyl)-
                                                                                dihydro-
                                                                                [(phenylsulfonyl)oxy
                                                                                ]-, ethyl ester
P-08-0312                            03/20/08                06/17/08                Firmenich Inc.         (S) Aroma for use in   (S) Ethanol soluble
                                                                                fragrance mixtures,    components obtained
                                                                                which in turn are      from extraction of
                                                                                used in perfumes,      hyraceum (sticky
                                                                                soaps, cleansers,      mass of dung and
                                                                                etc;                   urine) from procavia
                                                                                carpensis Exretions,
                                                                                hyraceum, ext.
P-08-0313                            03/18/08                06/15/08                Momentive performance  (G) Wetting agent      (G) Alkylene
                                                                                materials                                     silosanes and
                                                                                silicones reaction
                                                                                products with
                                                                                siloxanes and
                                                                                silicones
P-08-0314                            03/20/08                06/17/08                CBI                    (G) Additive of ink    (G) Acrylic ester
                                                                                copolymer
P-08-0315                            03/21/08                06/18/08                CBI                    (G) Additive for       (G) Hexanedioic acid,
                                                                                plastics               polymer with diol
                                                                                and a monohydric
                                                                                alcohol
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the
Notices of Commencement to manufacture received:

                             II. 16 Notices of Commencement From: 3/1/08 to 3/21/08
----------------------------------------------------------------------------------------------------------------
                                                                Commencement Notice
              Case No.                     Received Date             End Date                  Chemical
----------------------------------------------------------------------------------------------------------------
P-05-0459                             03/05/08                02/19/08                (S) Oxirane, methyl-,
                                                                                polymer with 1,3-
                                                                                diisocyanatomethylbenzene
                                                                                and oxirane, 2-
                                                                                hydroxyethyl acrylate-
                                                                                and 2-phenoxyethanol-
                                                                                blocked
P-06-323                              08/15/06                08/21/06                (G) cycloalkyl methyl
                                                                                ester
P-07-0238                             03/05/08                02/19/08                (G) Polyester acrylate
P-07-0281                             03/12/08                02/29/08                (G) Corn distillers
                                                                                condensed solubles
P-07-0294                             03/03/08                02/14/08                (S) Benzene, (1-
                                                                                methylethenyl)-, polymer
                                                                                with 1,3-butadiene,
                                                                                hydrogenated

P-07-0311                             03/13/08                02/26/08                (G) Polyester acrylate
P-07-0557                             03/13/08                02/28/08                (G) Urethane acrylate
P-07-0588                             03/03/08                02/25/08                (G) Alkyl nitrile
P-07-0673                             03/17/08                03/07/08                (S) 2(3H)-furanone,5-(6-
                                                                                heptenyl)dihydro-
P-07-0686                             03/11/08                02/29/08                (G) Polyetheramine
P-07-0697                             03/12/08                03/04/08                (G) Alkanedioc acid,
                                                                                polymer with isocyanate,
                                                                                alkyl diols, and
                                                                                substituted alkenoate,
                                                                                alkylamine-blocked,
                                                                                compounds with
                                                                                substituted alkanol
P-07-0700                             03/03/08                02/18/08                (G) Polyester resin
P-08-0061                             03/04/08                02/19/08                (G) Alcohol, reaction
                                                                                products with alkylene
                                                                                oxide, alkenyl glycidyl
                                                                                ether sulfate
P-08-0074                             03/10/08                02/16/08                (G) Aliphatic
                                                                                polyisocyanate, C16-
                                                                                alcohol and polyalkylene
                                                                                glycol-blocked
P-08-0078                             03/17/08                03/10/08                (G) Plant oil
P-91-0862                             03/13/08                10/15/91                (G) Capped polyurea
----------------------------------------------------------------------------------------------------------------

List of Subjects

    Environmental protection, Chemicals, Premanufacturer notices.

    Dated: April 16, 2008.
Todd S. Holderman,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E8-8796 Filed 4-22-08; 8:45 am]

BILLING CODE 6560-50-S