[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26983-26984]
[FR Doc No: 2022-09673]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0128; Airspace Docket No. 22-AGL-7]
RIN 2120-AA66

Amendment of Class E Airspace; Worthington, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Worthington, MN.
This action as the result of an airspace review conducted as part of
the decommissioning of the Worthington very high frequency (VHF)
omnidirectional range (VOR) as part of the VOR Minimal Operational
Network (MON) Program. The geographic coordinates of the airport are
also being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, July 14, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E surface airspace and the Class E airspace
extending upward from 700 feet above the surface at Worthington
Municipal Airport, Worthington, MN, to support instrument flight rule
operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 11359; March 1, 2022) for Docket No. FAA-2022-0128 to
amend the Class E airspace at Worthington, MN. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraphs 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class E surface airspace to within a 4.1-mile (decreased
from a 7-mile) radius of Worthington Municipal Airport, Worthington,
MN; updates the geographic coordinates of the airport to coincide with
the FAA's aeronautical database; and updates the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.6-mile (decreased from a 7-mile) radius
of Worthington Municipal Airport; amends the extension to the north to
extending from the 6.6-mile (decreased from a 7-mile) radius of the
airport to 10.8 (decrease from 11.6) miles north of the airport; and
amends the extension to the south to 1 (decreased from 2) mile each
side of the 180[deg] (previously 176[deg]) bearing from the airport
extending from the 6.6-mile (decreased from 7-mile) radius of the
airport to 11.2 (increased from 11.1) miles south of the airport.
    This action is due to an airspace review conducted as part of the
decommissioning of the Worthington VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

 Paragraph 6002. Class E Airspace Areas Designated as a Surface
Area.

* * * * *

AGL MN E2 Worthington, MN [Amended]

Worthington Municipal Airport, MN
    (Lat. 43[deg]39'18'' N, long. 95[deg]34'45'' W)

    Within a 4.1-mile radius of Worthington Municipal Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MN E5 Worthington, MN [Amended]

Worthington Municipal Airport, MN
    (Lat. 43[deg]39'18'' N, long. 95[deg]34'45'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Worthington Municipal Airport, and
within 2 miles each side of the 000[deg] bearing from the airport
extending from the 6.6-mile radius to 10.8 miles north of the
airport, and within 1 mile each side of the 180[deg] bearing from
the airport extending from the 6.6-mile radius to 11.2 miles south
of the airport.

    Issued in Fort Worth, Texas, on May 2, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-09673 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 27024-27025]
[FR Doc No: 2020-09694]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0010; Notice 1]

Mercedes-Benz USA, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Mercedes-Benz AG (``MBAG'') and Mercedes-Benz USA, LLC
(``MBUSA'') (collectively, ``Mercedes-Benz'') has determined that
certain model year (MY) 2019-2020 Mercedes-Benz CLA-Class, A-Class,
GLA-Class, and GLB-Class motor vehicles do not fully comply with
Federal motor vehicle safety standard (FMVSS) No. 135, Light Vehicle
Brake Systems. Mercedes-Benz filed a noncompliance report dated January
27, 2020, and subsequently petitioned NHTSA on February 10, 2020, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Mercedes-Benz's petition.

DATES: Send comments on or before June 5, 2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Mercedes-Benz has determined that certain MY 2019-2020
Mercedes-Benz CLA-Class, A-Class, GLA-Class, and GLB-Class motor
vehicles do not fully comply with the requirements of paragraph S5.5.5
of FMVSS No. 135, Light Vehicle Brake Systems (49 CFR 571.135).
Mercedes-Benz filed a noncompliance report dated January 27, 2020,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports, and subsequently petitioned NHTSA on February 10, 2020,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Mercedes-Benz's petition is published
under 49 U.S.C. 30118 and 30120 and does not represent any Agency
decision or other exercise of judgment concerning the merits of the
petition.
    II. Vehicles Involved: Approximately 27,375 of the following MY
2019-2020 Mercedes-Benz CLA-Class, A-Class, GLA-Class, and GLB-Class
motor vehicles manufactured between August 20, 2018, and January 16,
2020, are potentially involved:

 Mercedes-Benz A220
 Mercedes-Benz A220 4MATIC
 Mercedes-Benz A35 AMG 4MATIC
 Mercedes-Benz CLA250
 Mercedes-Benz CLA250 4MATIC
 Mercedes-Benz CLA35 AMG 4MATIC
 Mercedes-Benz CLA45 AMG 4MATIC
 Mercedes-Benz GLA250 4MATIC
 Mercedes-Benz GLB250
 Mercedes-Benz GLB250 4MATIC

    III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the instrument panel in the subject vehicles displays the
braking indicators in a slightly smaller size than required by
paragraph S5.5.5 of FMVSS No. 135. Specifically, the size of the text
for the brake indicators in the subject vehicles ranges between 2.92 mm
to 3.17 mm when the minimum required is 3.2 mm.
    IV. Rule Requirements: Paragraph S5.5.5 of FMVSS No. 135, includes
the requirements relevant to this petition. Each visual indicator shall
display a word or words in accordance with the requirements of FMVSS
No. 101 and S5.5 of FMVSS 135, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2 mm
(\1/8\ inch) high.
    V. Summary of Mercedes-Benz's Petition: The following views and
arguments presented in this section, V. Summary of Mercedes-Benz's
petition, are the views and arguments provided by Mercedes-Benz. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Mercedes-Benz described the subject noncompliance and
stated their belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
    In support of its petition, Mercedes-Benz submitted the following
reasoning:

    1. Mercedes-Bends believes that the letter height of the braking
indicators, in this instance is slightly smaller than the
requirement, does not expose an occupant to any greater risk of
injury than an occupant in a vehicle with slightly larger font size.
    2. Mercedes-Benz alleges that the purpose of the standardized
size requirement for the brake system warning indicators is to
ensure they are visually perceptible to drivers under all operating
conditions. Mercedes-Benz says

that the Agency has a long and consistent history of granting
petitions for inconsequentiality for discrepancies involving a
letter height requirement where the text appeared somewhat smaller
than required. In fact, NHTSA has granted petitions where the
indicators displayed included lettering that was as much as a full
millimeter less than the minimum size. See 47 FR 31347 (July 19,
1982) (granting a petition of Subaru of America, Inc., where the
brake system indicator lettering was only 2.2 mm high, but the ISO
symbol indicators were located within the driver's line of sight and
continued to be ``easily identifiable and very readable'').
    3. Mercedes-Benz asserts that in addressing similar
noncompliances in the past, the Agency has determined that ``it is
very unlikely that a vehicle user would either fail to see or fail
to understand the meaning of the brake . . . warning light'' where
the ``information presented by the telltales is correct.'' See 81 FR
92963 (December 20, 2016) (granting General Motors' petition of over
46,000 vehicles where the ``Park'' indicator displayed at 2.44 mm).
In the General Motors decision, the Agency found the discrepancy
``pose[d] little, if any, risk to motor vehicle safety'' where all
other braking indicator requirements were met and the indicators
were located in the instrument cluster, adjacent to the speedometer
and in direct view of the driver); 69 FR 41568 (July 9, 2004)
(granting a petition of Hyundai Motor Company involving more than
237,000 vehicles, where the FMVSS No. 105 braking system indicator
letter height varied from 2.5 mm to 3.1 mm).
    4. In this case, the letter height for the braking indicators is
only slightly smaller than the 3.2 mm minimum. Depending on the
particular indicator, the text size can be smaller by a range of
0.03 mm up to a maximum of .28 mm. The electronic instrument cluster
is located within the driver's direct field of vision, and the
braking indicators are located adjacent to the speedometer and,
therefore, remain within the driver's direct line of sight. This
slight difference in size is not visually perceptible and does not
affect the driver's ability to read or understand the indicators.
Indeed, the indicators are clearly illuminated and remain visible
under all driving conditions.
    5. Mercedes-Benz stated that all of the indicators at issue here
are accurately depicted and are displayed in the correct colors,
consistent with FMVSS No. 101, Table 1. Thus, there should not be
any confusion about the meaning of the indicators, and the standard
symbol that is displayed continues to convey the intended meaning of
the indicator. Further, although the lettering that appears below
the ISO symbols is slightly smaller than 3.2 mm minimum height, the
overall height of the ABS and Parking Brake symbols is more than 3.2
mm and exceeds the height requirement of the standard. Finally, the
functionality of the brake indicators themselves is not affected by
the software issue. The indicators properly display during both the
instrument cluster warning lamp operation check and in the event a
brake malfunction were to occur.
    6. Mercedes-Benz says that it has not received any reports
related to the performance of the indicators included on the 10.25-
inch displays in the subject vehicles. Nor has it received any
reports related to customers' inability to read or decipher the
brake telltales.

    Mercedes-Benz's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
    Mercedes-Benz concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition request to be exempted from providing
notification of the noncompliance, as required by 49 U.S.C. 30118, and
a remedy for the noncompliance, as required by 49 U.S.C. 30120, should
be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Mercedes-Benz
no longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after
Mercedes-Benz notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-09694 Filed 5-5-20; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]
[Page 63869]
[DOCID:fr18oc10-110]

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SECURITIES AND EXCHANGE COMMISSION

Notice: Existing Collection; Comment Requested

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549.
Requested Change:
    Form 10-K; OMB Control No. 3235-0063; SEC File No. 270-48.
    Form 20-F; OMB Control No. 3235-0288; SEC File No. 270-156.

    Section 989G of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 \1\ (the ``Act'') provides that Section 404(b)
of the Sarbanes-Oxley Act \2\ does not apply to any audit report
prepared for an issuer that is neither an accelerated filer nor a large
accelerated filer as defined in Rule 12b-2 \3\ under the Securities
Exchange Act.\4\ Notice is hereby given that, pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520), the Securities and
Exchange Commission (the ``Commission'') is soliciting comment on the
changes to the collection of information necessitated by the Act. The
Commission plans to submit this existing collection of information to
the Office of Management and Budget for change and approval.
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    \1\ Public Law 111-203 (July 21, 2010).
    \2\ 15 U.S.C. 7262.
    \3\ 17 CFR 240.12b-2.
    \4\ 15 U.S.C. 78a et seq.
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    In a separate release, the Commission amended its rules in light of
the Act, which amends Section 404 of the Sarbanes-Oxley Act.\5\ The
Commission had previously estimated the burden of complying with
Section 404(b) of Sarbanes-Oxley assuming that all filers of Forms 10-K
and 20-F would file an auditor's attestation report. The filers that
were included in the estimate but are no longer subject to the 404
requirement are sometimes referred to as ``non-accelerated filers.''
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    \5\ [Cite to substantive release.]
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    Form 10-K sets forth the disclosure requirements for annual reports
filed by issuers under the Securities Exchange Act. Form 20-F sets
forth the disclosure requirements for annual reports and registration
statements filed by foreign private issuers under the Securities
Exchange Act, as well as many of the disclosure requirements for
registration statements filed by foreign private issuers under the
Securities Act.
    Based on the number of non-accelerated filers that filed an annual
report in 2009, we estimate that approximately 4,400 annual reports on
Form 10-K and approximately 285 annual reports on Form 20-F are filed
annually by non-accelerated filers. The current burden estimates for
Form 10-K and Form 20-F attribute 0.5 burden hours per issuer for
filing the auditor attestation report, including the burden attributed
to the related disclosure in the annual report, and do not include any
burden attributed to the audit work.\6\ Consistent with the burden
estimates for these forms, that estimate is then split 75% and 25%
between internal staff and external professionals for Form 10-K, and
25% and 75% between internal staff and external professionals for Form
20-F. Both estimates assume an hourly rate of $400 for external
professionals. Accordingly, we are reducing the aggregate burden
estimate by 1,650 hours of internal staff time and $220,000 for
external professional services for Form 10-K, and 36 hours of internal
staff time and $42,750 for external professional services for Form 20-
F.
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    \6\ For further information on the determination of our
estimates, see Release No. 33-8238 (June 5, 2003) [68 FR 36636].
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    The information collections requirements related to Forms 10-K and
20-F are mandatory. There is no mandatory retention period for the
information disclosed, and the information disclosed is made publicly
available on the EDGAR filing system. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
    Written comments are requested on: (a) Whether the estimate changes
properly reflect the amendments made by Congress to Section 404 of the
Sarbanes-Oxley Act; (b) the accuracy of the Commission's estimate of
the number of non-accelerated filers no longer subject to the burden of
the collections of information; and (c) whether because of the
statutory amendment that makes non-accelerated filers no longer subject
to the requirement other estimates need to be changed. Consideration
will be given to comments and suggestions submitted in writing within
60 days of this publication.
    Please direct your written comments to Jeffrey Heslop, Acting
Director/CIO, Securities and Exchange Commission, C/O Remi Pavlik-
Simon, 6432 General Green Way, Alexandria, VA, 22312; or send an e-mail
to<EMAIL_ADDRESS>
    Dated: October 13, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-26166 Filed 10-15-10; 8:45 am]
BILLING CODE 8011-01-P


  	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	WASHINGTON, D.C.  20460

     	               OFFICE OF

          		PREVENTION, PESTICIDES

 AND TOXIC SUBSTANCES

DP Barcodes: 313814

 PC Code:       128008

 Date:             5/5/2005

SUBJECT:	Drinking Water Memo for Proposed Uses of Boscalid on Leafy Vegetables

TO:		Daniel Rosenblatt, Risk Manager

Barbara Madden, Risk Manager Reviewer

Registration Division

FROM:	Christopher J. Salice, Biologist

Kevin Costello, Geologist, RAPL

Environmental Risk Branch IV

Environmental Fate and Effects Division (7507C)

THRU:	Elizabeth Behl, Branch Chief

Environmental Risk Branch IV

Environmental Fate and Effects Division (7507C)

I. Summary

Boscalid (also known as nicobifen or BAS 510 F; PC Code 128008) is a fungicide belonging to the anilid class of fungicide chemicals, also known as carboxamide or oxathiin fungicides.  Interregional Research Project No. 4 (IR-4) has requested registration for the use of boscalid on leafy vegetables (crop group 4) excluding brassica.  Registrant BASF was previously granted registration of boscalid for use on turf, vegetables, canola, fruit and nut crops in the U.S. and Canada (May, 2003) and subsequently for soybeans, pome fruit and hops (Nov, 2003).  Complete risk assessments for these uses can be found in the May 28, 2003 memo, “EFED Risk Assessment for Section 3 Registration of BAS 510 F (Nicobifen)” (DP Barcode D278387 and others) and the November 10, 2003 memo, “Risk Assessment for Proposed Uses of Boscalid on Soybeans, Pome Fruit, and Hops” (DP Barcode 293435/293436).

Boscalid is a persistent compound with low mobility in most soils. The primary degradation pathway is aerobic soil metabolism, which proceeds slowly and results in the formation of intermediates which are relatively rapidly transformed into CO2 or bound soil residues.  Boscalid is stable to hydrolysis and to photolysis on soil and in water.  The compound is also not transformed to any significant extent in either aerobic or anaerobic aquatic systems.

This memo provides estimated drinking water concentrations (EDWCs) for the Health Effects Division to use in their dietary risk assessment for the use of boscalid on leafy vegetables.  Since the proposed new uses have lower use rates than on the previously approved use on turf, EDWCs for turf are reported.  The EDWCs the turf use, which reflect corrected input parameters for the Tier 1 FIRST surface water exposure model, are 87.53 and 25.77 ppb (Appendices A and B).

A Tier I ground water assessment for boscalid has also been performed for the turf use, based on the EFED screening model SCI-GROW. The ground-water EDWC for boscalid on turf is 0.63 ppb. The inputs are attached as Appendix A and results are attached as Appendix C.

II. Introduction

Use Characterization tc \l2 "Use Characterization

Application of boscalid to the proposed use sites would be as a ground spray, aerial spray, or through sprinkler irrigation systems. The maximum application rates (per application), maximum seasonal rates, application intervals, and pre-harvest intervals for the proposed new uses are listed below in Table 1.  In addition, the use rate  for turf is presented as well since it represents the highest use rate for boscalid and was used in the drinking water assessment.

Table 1: Proposed new label uses for boscalid

Crop Type

Maximum Rate per Application (lbs a.i./A) and Max. Number of Applications

Maximum  Seasonal Application Rate (lbs a.i./A/season)

Application Interval

(days)

Pre-Harvest Interval

(days)

Leafy vegetables (except brassica) (Endura)

0.396(2)

0.79

7

0

Leafy vegetables (except brassica) (Pristine)

0.395 (2)

0.79

7

0

turf1 (Pristine)

0.35 (not provided)

2.1

14-21

not applicable

1 Represents highest use rate

Drinking Water Exposure

In the November 2003 risk assessment, EFED performed a drinking water exposure assessment for the registration of the use of boscalid on soybeans, pome fruit, and hops. The drinking water assessment detailed in that memo used the Tier 1 surface-water model FIRST to simulate use on turf since the turf use still represents the highest annual application rate (2.1 lb ai/acre) for boscalid.  EFED proposes that the EDWCs for turf be used for the leafy vegetable assessment as well since turf application rates are still the highest, even when considering the currently proposed uses.  EDWCs for the turf use are 87.53 and 25.77 ppb.

Appendix A

Table A1. FIRST (v1.0) input parameter values and results for boscalid applied to turf by ground spray.

Parameter

Value

Source

Application Rate (lb a.i./A)

0.35

Label Maximum

Number of Applications

6

Label Maximum

Interval between Applications (days)

14

Label Maximum

Organic Carbon Partitioning Coefficient (Koc)

6551

Swann et al., 1983

Aerobic Soil Metabolism Half-life (days)

4012

MRID#45405208

MRID#45405209

MRID#45643802

Wetted in?

No

Standard practice

Depth of Incorporation (inches)

0

Ground application

Method of Application

ground spray

Label

Percent Cropped Area

0.87

Solubility in Water (mg/L or ppm)

6

Aerobic Aquatic Metabolism Half-life (days)

stable

MRID#45405214

Hydrolysis Half-life @ pH 7 (days)

stable

MRID#45405205

Aquatic Photolysis Half-life @ pH 7 (days)

stable

MRID#45405206

FIRST Results (EEC for surface water drinking water sources)

Acute Concentration (ppb):   87.5

Chronic Concentration (ppb): 25.8

1Represents the lowest Koc for a non-sand soil. 2The aerobic soil metabolism half-life used in the models represents the 90th percentile of the upper confidence bound on the mean half-life for four soils.

Table A2.  SCI-GROW2 input parameter values and results for boscalid applied to turf.

Parameter

Value

Source

Maximum Application Rate (lb a.i./A/application)

0.35

Label

Maximum Number of Applications per Year

6

Label

Aerobic Soil Metabolism Half-life (days)

407.5

MRID#45405208

MRID#45405209

MRID#45643802

Organic Carbon Partitioning Coefficient (Koc)

8211

Swann et al., 1983

Results (EEC for groundwater drinking water sources)

0.5708 ug/L (ppb) or 571 ng/L (parts per trillion)

1Represents the median value.

Appendix B-      FIRST Output

RUN No.   1 FOR boscalid         ON   Turf          * INPUT VALUES *

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

    RATE (#/AC)   No.APPS &   SOIL  SOLUBIL  APPL TYPE  %CROPPED INCORP

     ONE(MULT)    INTERVAL    Koc   (PPM )   (%DRIFT)     AREA    (IN)

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

   .350(  1.978)   6  14     655.0    6.0   GROUND( 6.4)  87.0    .0

   FIELD AND RESERVOIR HALFLIFE VALUES (DAYS)

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

   METABOLIC  DAYS UNTIL  HYDROLYSIS   PHOTOLYSIS   METABOLIC  COMBINED

    (FIELD)  RAIN/RUNOFF  (RESERVOIR)  (RES.-EFF)   (RESER.)   (RESER.)

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

    401.00        2          N/A       .00-     .00      .00       .00

   UNTREATED WATER CONC (MICROGRAMS/LITER (PPB))    Ver 1.0 AUG 1, 2001

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

        PEAK DAY  (ACUTE)      ANNUAL AVERAGE (CHRONIC)

          CONCENTRATION             CONCENTRATION

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

             87.533                     25.771

Appendix C - 	  SCI-GROW Output

                          SCIGROW

                          VERSION 2.3

            ENVIRONMENTAL FATE AND EFFECTS DIVISION

                 OFFICE OF PESTICIDE PROGRAMS

             U.S. ENVIRONMENTAL PROTECTION AGENCY

                        SCREENING MODEL

                FOR AQUATIC PESTICIDE EXPOSURE

 SciGrow version 2.3

 chemical:Boscalid

 time is  8/27/2003   8:58:12

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

  Application      Number of       Total Use    Koc      Soil Aerobic

  rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)

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

      0.350           6.0           2.100      8.21E+02      407.5

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

 groundwater screening cond (ppb) =   6.34E-01

 *********************************************************************** *

(( PAGE  3 ((


[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76818-76820]
[DOCID:fr28de05-111]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0293; FRL-7752-4]

Cypermethrin Risk Assessments; Notice of Availability and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's risk
assessments and related documents for the pyrethroid pesticide
cypermethrin, and opens a 60 day public comment period on these
documents. The public is encouraged to suggest risk management ideas or
proposals to address the risks identified. EPA is developing a RED for
cypermethrin through a modified, 4-Phase public participation process
that the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2005-0293, must be received on or before February 27, 2006.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Yan Donovan, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; Phone:<PHONE_NUMBER>; fax number: (703)
308-8041; 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, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPP-2005-0293. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket telephone number
is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25, 2005, by an enhanced Federal-wide electronic
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Docket at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to

consider these late comments. If you wish to submit CBI or information
that is otherwise protected by statute, please follow the instructions
in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or
information protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-0293. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii.  E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number EPA-HQ-OPP-2005-0293. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2.  By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ- OPP-
2005-0293.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number EPA-HQ-OPP-2005-0293. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

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

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for cypermethrin, a pyrethroid pesticide, and soliciting public comment
on risk management ideas or proposals. EPA developed the risk
assessments and risk characterization for cypermethrin through a
modified version of its public process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
    The majority of cypermethrin use is non-agricultural. Cypermethrin
is registered for indoor and outdoor use on industrial, commercial, and
residential sites, including use by homeowners. When applied indoors,
cypermethrin is used to control insect pests such as ants, cockroaches,
termites, spiders. Other non-food-contact uses include outdoor
application to structures and lawns (e.g., as a soil residual
termiticide), application to commercial storage facilities (indoor and
outdoor), eating establishments (indoor and outdoor, non food contact
only), dairy facilities (indoor and outdoor, non food contact only),
food stores or processing plants (indoor and outdoor, non food contact
only), poultry processing facilities (indoor and outdoor, non food
contact only), motor vehicles, and swimming pool water systems. In
agriculture, cypermethrin is applied as a foliar spray to control
insect pests primarily in cotton, with lesser use on pecans, cole
crops, lettuce, onions, and other minor

crops. Cypermethrin can be applied directly to cattle (ear tags) and
horses, and to pet (dog, horse) sleeping quarters.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for cypermethrin. Such comments and input could address,
for example, the availability of additional data to further refine the
risk assessments, such as information on indoor and outdoor residential
and other non-agricultural uses, including typical application rates
and total pounds of active ingredient applied, methods of application,
and frequency of re-application.
    From the human health effects assessment, there is the potential
for short-term risk to toddlers exposed to cypermethrin following
indoor crack and crevice treatments. From the environmental fate
assessment, there is the potential for acute and chronic risk to
aquatic invertebrates and fish from agricultural applications, with the
highest potential acute risk to estuarine/marine invertebrates.
Although exposure to aquatic organisms from outdoor, non-agricultural
uses of cypermethrin could not be assessed at this time, data recently
submitted to EPA from a study of an urban creek in California suggest
the potential for aquatic exposure and risk from urban runoff, as well.
In targeting these risks of concern, the Agency solicits information on
effective and practical risk reduction measures, such as specific
application procedures and other measures to reduce runoff from outdoor
applications to structures and lawns.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to cypermethrin, compared to the
general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For cypermethrin, a modified, 4-Phase process with one
comment period and ample opportunity for public consultation seems
appropriate. However, if as a result of comments received during this
comment period EPA finds that additional issues warranting further
discussion are raised, the Agency may lengthen the process and include
a second comment period, as needed.
    Cypermethrin is a member of the pyrethroid class of pesticides.
Although all pyrethroids alter nerve function by modifying the normal
biochemistry and physiology of nerve membrane sodium channels, EPA is
not currently following a cumulative risk approach based on a common
mechanism of toxicity for the pyrethroids. Although all pyrethroids
interact with sodium channels, there are multiple types of sodium
channels and it is currently unknown whether the pyrethroids have
similar effects on all channels. The Agency does not have a clear
understanding of effects on key downstream neuronal function e.g.,
nerve excitability, nor do we understand how these key events interact
to produce their compound specific patterns of neurotoxicity. There is
ongoing research by EPA's Office of Research and Development and
pyrethroid registrants to evaluate the differential biochemical and
physiological actions of pyrethroids in mammals. This research is
expected to be completed by 2007. When available, the Agency will
consider this research and make a determination of common mechanism as
a basis for assessing cumulative risk. Information regarding EPA's
procedures for assessing cumulative effects of substances found to have
a common mechanism of toxicity is available on EPA's website at http://www.epa.gov/pesticides/cumulative/.
 The decisions presented in the

Reregistration Eligibility Decision (RED) may be supplemented by
further risk mitigation measures when EPA considers the cumulative
risks of the pyrethroid pesticides.
    All comments should be submitted using the methods in Unit I. of
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before
the closing date. Comments will become part of the Agency Docket for
cypermethrin. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 15, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-24407 Filed 12-27-05; 8:45 am]

BILLING CODE 6560-50-S


December 13, 2011

Note:

Subject: Data and procedure for handling below detection level data in analyzing various pollutant emissions databases for MACT and RTR emissions limits

To: SPPD management and MACT rule writers

From: 	Peter Westlin, SPPD, MPG
	Raymond Merrill, AQAD, MTG

This is a note regarding the handling of below detection level (BDL) data and in developing representative detection level (RDL) data in evaluating the floor and setting emissions limits for your NSPS, MACT, and RTR rule making projects.  At the end of this note is a table which includes several updates.  The updates include corrected values for metals RDL, an easier to use table (e.g., sample  volume versus sampling time) and some pollutants not covered in the initial table (e.g., HCl and filterable PM).

The RDL determination procedure

The revised procedure for determining an RDL starts with identifying all of the available reported pollutant specific method detection levels for the best performing units regardless of any subcategory (e.g., existing or new, fuel type, etc.).  From that combined pool of data, we calculate the arithmetic mean value. By limiting the data set to those tests used to establish the floor or emissions limit (i.e., best performers), we believe that the result is representative of the best performing testing companies and laboratories using the most sensitive analytical procedures. We believe that the outcome should minimize the effect of a test(s) with an inordinately high method detection level (e.g., the sample volume was too small, the laboratory technique was insufficiently sensitive, or the procedure for determining the minimum value for reporting was other than the detection level).  We then call the resulting mean of the method detection levels as the representative detection level (RDL) as characteristic of accepted source emissions measurement performance.

The second step in the process is to calculate three times the RDL to compare with the calculated floor or emissions limit. This step is similar to what we have used before in rulemaking applications.  We use the multiplication factor of three to approximate reduce the imprecision of the analytical method until the imprecision in the field sampling reflects the relative method precision as estimated by the ASME study that also indicates that such relative imprecision, from 10 to 20 percent, remains constant over the range of the methods. For comparing to the floor, if three times the RDL were less than the calculated floor or emissions limit (e.g., calculated from the UPL), we would conclude that measurement variability was adequately addressed. The calculated floor or emissions limit would need no adjustment. If, on the other hand, the value equal to three times the RDL were greater than the UPL, we would conclude that the calculated floor or emissions limit does not account entirely for measurement variability. If indicated, we substituted the value equal to three times the RDL for the calculated floor or emissions limit which results in a concentration where the method would produce measurement accuracy on the order of 10 to 20 percent similar to other EPA test methods and the results found in the ASME study.

We determined the RDL for each pollutant using data from tests of all the best performers for all of the final regulatory subcategories (i.e., pooled test data). We applied the same pollutant-specific RDL and emissions limit adjustment procedure to all subcategories for which we established emissions limits. We believe that emissions limits adjusted in this manner better ensure measurement variability is adequately addressed relative to compliance determinations than did the procedure applied for the proposal that may have been based on data sets smaller than seven tests and as few as one test.  We also believe that the emissions testing procedures and technologies available now and in the future will be adequate to provide the measurement certainty sufficient for sources to demonstrate compliance at the levels of the adjusted emissions limits when applied in the manner representative of this protocol.

We recommend that rule writers considering emissions limits for these pollutants review the existing data sets and compare the RDL values used in earlier analyses with the revised RDLs shown in the attached table.  We believe that these revised values and the procedures described in the table better reflect representative method capabilities and should be used in data review for current rule development projects and in setting representative emissions limits.

Results of MDL/RDL data analyses

We have collected data used for the boilers rule reconsideration and the proposed utility MACT in light of the comments to review the effect of available larger pools of dioxin/furan emissions as measured with Method 23 and the Hg emissions as measured with Method 29 of data for these sources.  The expanded data set represents several hundred emissions tests used in the floor calculations (i.e., best performers) for the boilers and utility rules.  We presume that data for the best performing units also reflect the capabilities of high quality testing companies and laboratories.  Further, the method detection levels calculated from larger data are more representative of the inherent measurement variability both within and between testing companies.  We have also included data on the RDL values for the individual metals as measured with Method 29 based on a similar assessment of data collected during method development.  The tables attached below express the results in two formats:

1) The mass of pollutant sample the method can detect quantitatively and is representative of the method detection level (RDL) for the set of data collected for the specific rule development; and
2) The lowest concentrations that could be measured quantitatively for a range of sample volumes for use in comparing to calculated UPL values and in setting applicable emissions limits.

The first table represents a thorough review of D/F emissions data for both the boilers and utility data sets.  Not too surprisingly, the resulting values are similar but not identical.  Our first observation is that these calculated representative detection levels are generally greater in magnitude than those calculated for the initial reviews and particularly for establishing new source limits (i.e., for the single best performing unit).  The second observation is that the RDLs determined for the utility ICR data set are lower in magnitude than for the boiler data collected during an earlier ICR project.  We believe that the boiler data set includes some data reported incorrectly (e.g., laboratory reporting limits rather than method detection limits) and that the utility D/F data set includes fewer of these misreported data.  As a result, we believe that the RDLs determined from the utility D/F data set are more representative of current expected measurement data quality.  The application procedures described in the table reflect this conclusion.

Also attached to this note is a spreadsheet example of the calculations used to develop these values.

As rule writers collect additional data in the future and test methods and techniques improve, there will be a need to assess new data for representative method detection capabilities.  We will prepare new procedures for you and your contractors to use as needed in future rule making activities based on these findings.  We will build on these procedures to reflect greater reliance on the broadest set of measurement data available and provide default values to use when there are only a few (e.g., fewer than seven) performance test results available for a source category.

Peter Westlin
Measurement Policy Group
Sectors Policies and Programs Division

Raymond Merrill
Measurement Technology Group
Air Quality Assessment Division

Addressees:
SPPD management
SPPD technical staff

cc:
Conniesue Oldham, MTG, AQAD
Jason Dewees, MTG, AQAD
Kim Garnett, MTG, AQAD
Kristen Benedict, MTG, AQAD
Robin Segall, MTG, AQAD

Summary of pollutant emissions representative method detection level analyses
              and a regulatory emissions limit setting procedure

                                     RDL
                                      (ng)
                                 3 x RDL (ng)
                       3 x RDL Concentrations (ng/dscm)

                                  1 dscm test
                                  2 dscm test
                                  3 dscm test
                                  4 dscm test
                                  6 dscm test
                                  8 dscm test
Ind. Boilers D/F total mass
(Method 23)
                                    5.6E-01
                                    1.7E+00
                                    1.7E+00
                                    8.5E-01
                                    5.7E-01
                                    4.3E-01
                                    2.8E-01
                                    2.1E-01
Ind. Boilers TEQ
(Method 23)
                                    8.2E-02
                                    2.5E-01
                                    2.5E-01
                                    1.3E-01
                                    8.3E-02
                                    6.3E-02
                                    4.2E-02
                                    3.1E-02
Utilities D/F total mass
(Method 23)
                                    3.1E-01
                                    9.2E-01
                                    9.2E-01
                                    4.6E-01
                                    3.1E-01
                                    2.3E-01
                                    1.5E-01
                                    1.2E-01
Utilities TEQ
(Method 23)
                                    3.6E-02
                                    1.1E-01
                                    1.1E-01
                                    5.5E-02
                                    3.7E-02
                                    2.8E-02
                                    1.8E-02
                                    1.4E-02

                                   RDL (ug)

                                 3 x RDL (ug)
                       3 x RDL Concentrations (ug/dscm)

                                  1 dscm test
                                  2 dscm test
                                  3 dscm test
                                  4 dscm test
HCl/Cl2  (Method 26A)
                                    6.0E+1
                                    1.8E+2
                                    1.8E+02
                                    9.0E+01
                                    6.0E+01
                                    4.5E+01
PM filterable (Method 5)
                                    1.0E+3
                                    3.0E+3
                                    3.0E+03
                                    1.5E+03
                                    1.0E+03
                                    7.5E+02
Ind. Boiler Hg (Method 29)
                                    8.3E-01
                                    2.5E+00
                                    2.1E+00
                                    1.0E+00
                                    7.1E-01
                                    6.2E-01

                                   120L test
                                   240L test
                                   360L test

HCl/CL2 (Method 26)
                                    1.0E+01
                                    3.0E+01
                                    2.5E+02
                                    1.3E+02
                                    8.3E+01

Summary of pollutant emissions representative method detection level analyses and regulatory emissions limit setting procedure for Method 29 Metals using Inductively Coupled Atomic Emission Spectroscopy or Atomic Absorption Analysis

                                Method 29 Metal
                                      RDL
                                 ICP/AES or AA
                                     (ug)
                             3 X RDL ICP/AES or AA
                                     (ug)

                        3 x RDL Concentrations (g/dscm)

                                  1 dscm test
                                  2 dscm test
                                  3 dscm test
                                  4 dscm test
Antimony
                                                                        1.2E+01
                                                                        3.5E+01
                                                                        3.5E+01
                                                                        1.7E+01
                                                                        1.2E+01
                                                                        8.6E+00
Arsenic
                                                                        1.9E+01
                                                                        5.7E+01
                                                                        5.7E+01
                                                                        2.9E+01
                                                                        1.9E+01
                                                                        1.4E+01
Barium
                                                                        8.0E-01
                                                                        2.4E+00
                                                                        2.4E+00
                                                                        1.2E+00
                                                                        8.0E-01
                                                                        6.0E-01
Beryllium
                                                                        1.1E-01
                                                                        3.3E-01
                                                                        3.3E-01
                                                                        1.7E-01
                                                                        1.1E-01
                                                                        8.3E-02
Cadmium
                                                                        1.5E+00
                                                                        4.5E+00
                                                                        4.5E+00
                                                                        2.3E+00
                                                                        1.5E+00
                                                                        1.1E+00
Chromium
                                                                        2.5E+00
                                                                        7.5E+00
                                                                        7.5E+00
                                                                        3.8E+00
                                                                        2.5E+00
                                                                        1.9E+00
Cobalt
                                                                        2.5E+00
                                                                        7.5E+00
                                                                        7.5E+00
                                                                        3.8E+00
                                                                        2.5E+00
                                                                        1.9E+00
Copper
                                                                        2.1E+00
                                                                        6.3E+00
                                                                        6.3E+00
                                                                        3.2E+00
                                                                        2.1E+00
                                                                        1.6E+00
Lead
                                                                        1.5E+01
                                                                        4.5E+01
                                                                        4.5E+01
                                                                        2.3E+01
                                                                        1.5E+01
                                                                        1.1E+01
Manganese
                                                                        7.0E-01
                                                                        2.1E+00
                                                                        2.1E+00
                                                                        1.1E+00
                                                                        7.0E-01
                                                                        5.3E-01
Mercury*
                                                                        5.6E-01
                                                                        1.7E+00
                                                                        1.7E+00
                                                                        8.4E-01
                                                                        5.6E-01
                                                                        4.2E-01
Nickel
                                                                        5.4E+00
                                                                        1.6E+01
                                                                        1.6E+01
                                                                        8.1E+00
                                                                        5.4E+00
                                                                        4.1E+00
Phosphorus
                                                                        2.7E+01
                                                                        8.1E+01
                                                                        8.1E+01
                                                                        4.1E+01
                                                                        2.7E+01
                                                                        2.0E+01
Selenium
                                                                        2.7E+01
                                                                        8.1E+01
                                                                        8.1E+01
                                                                        4.1E+01
                                                                        2.7E+01
                                                                        2.0E+01
Silver
                                                                        2.6E+00
                                                                        7.8E+00
                                                                        7.8E+00
                                                                        3.9E+00
                                                                        2.6E+00
                                                                        2.0E+00
Thallium
                                                                        1.4E+01
                                                                        4.3E+01
                                                                        4.3E+01
                                                                        2.2E+01
                                                                        1.4E+01
                                                                        1.1E+01
Zinc
                                                                        8.0E-01
                                                                        2.4E+00
                                                                        2.4E+00
                                                                        1.2E+00
                                                                        8.0E-01
                                                                        6.0E-01
*Mercury analyzed by Cold Vapor AA
RDL = Method derived regulatory detection limit based.
ICP/AES = Inductively Coupled Argon Plasma/Atomic Emission Spectroscopy
AA = Atomic Absorption Spectroscopy
GFAA = Graphite Furnace Atomic Absorption spectroscopy
Summary of pollutant emissions representative method detection level analyses and regulatory emissions limit setting procedure  for Method 29 Metals using Inductively Coupled Plasma/Mass Spectrometry or Graphite Furnace Atomic Absorption Analysis

Method 29 Metal
                                      RDL
                                 ICP/MS or GFAA
                                   (g/dscm)
                            3 X RDL ICP/MS or GFAA
                                   (g/dscm)

                            Concentrations (g/dscm)

                                  1 dscm test
                                  2 dscm test
                                  3 dscm test
                                  4 dscm test
                                  5 dscm test
Antimony
                                                                        1.1E+00
                                                                        3.3E+00
                                                                        3.3E+00
                                                                        1.7E+00
                                                                        1.1E+00
                                                                        8.3E-01
                                                                        6.6E-01
Arsenic
                                                                        4.0E-01
                                                                        1.2E+00
                                                                        1.2E+00
                                                                        6.0E-01
                                                                        4.0E-01
                                                                        3.0E-01
                                                                        2.4E-01
Barium**
                                                                        8.0E-01
                                                                        2.4E+00
                                                                        2.4E+00
                                                                        1.2E+00
                                                                        8.0E-01
                                                                        6.0E-01
                                                                        4.8E-01
Beryllium
                                                                        8.0E-02
                                                                        2.4E-01
                                                                        2.4E-01
                                                                        1.2E-01
                                                                        8.0E-02
                                                                        6.0E-02
                                                                        4.8E-02
Cadmium
                                                                        3.0E-02
                                                                        9.0E-02
                                                                        9.0E-02
                                                                        4.5E-02
                                                                        3.0E-02
                                                                        2.3E-02
                                                                        1.8E-02
Chromium
                                                                        3.0E-01
                                                                        9.0E-01
                                                                        9.0E-01
                                                                        4.5E-01
                                                                        3.0E-01
                                                                        2.3E-01
                                                                        1.8E-01
Cobalt
                                                                        3.0E-01
                                                                        9.0E-01
                                                                        9.0E-01
                                                                        4.5E-01
                                                                        3.0E-01
                                                                        2.3E-01
                                                                        1.8E-01
Copper**
                                                                        2.1E+00
                                                                        6.3E+00
                                                                        6.3E+00
                                                                        3.2E+00
                                                                        2.1E+00
                                                                        1.6E+00
                                                                        1.3E+00
Lead
                                                                        3.0E-01
                                                                        9.0E-01
                                                                        9.0E-01
                                                                        4.5E-01
                                                                        3.0E-01
                                                                        2.3E-01
                                                                        1.8E-01
Manganese
                                                                        3.0E-01
                                                                        9.0E-01
                                                                        9.0E-01
                                                                        4.5E-01
                                                                        3.0E-01
                                                                        2.3E-01
                                                                        1.8E-01
Mercury*
                                                                        5.6E-01
                                                                        1.7E+00
                                                                        1.7E+00
                                                                        8.4E-01
                                                                        5.6E-01
                                                                        4.2E-01
                                                                        3.4E-01
Nickel**
                                                                        5.4E+00
                                                                        1.6E+01
                                                                        1.6E+01
                                                                        8.1E+00
                                                                        5.4E+00
                                                                        4.1E+00
                                                                        3.2E+00
Phosphorus**
                                                                        2.7E+01
                                                                        8.1E+01
                                                                        8.1E+01
                                                                        4.1E+01
                                                                        2.7E+01
                                                                        2.0E+01
                                                                        1.6E+01
Selenium
                                                                        8.0E-01
                                                                        2.4E+00
                                                                        2.4E+00
                                                                        1.2E+00
                                                                        8.0E-01
                                                                        6.0E-01
                                                                        4.8E-01
Silver**
                                                                        2.6E+00
                                                                        7.8E+00
                                                                        7.8E+00
                                                                        3.9E+00
                                                                        2.6E+00
                                                                        2.0E+00
                                                                        1.6E+00
Thallium
                                                                        3.0E-01
                                                                        9.0E-01
                                                                        9.0E-01
                                                                        4.5E-01
                                                                        3.0E-01
                                                                        2.3E-01
                                                                        1.8E-01
Zinc
                                                                        8.0E-01
                                                                        2.4E+00
                                                                        2.4E+00
                                                                        1.2E+00
                                                                        8.0E-01
                                                                        6.0E-01
                                                                        4.8E-01
*Mercury analyzed by Cold Vapor AA
** Common metals analyzed by Inductively Coupled Plasma/AES or Flame Atomic Absorption Spectroscopy
RDL = Method derived regulatory detection limit based on 1.25 dscm collected in 1 hour.
ICP/MS = Inductively Coupled Argon Plasma/Mass Spectrometry
GFAA = Graphite Furnace Atomic Absorption spectroscopy

Except for assessing boiler and CISWI data, we recommend that you select D/F data calculated from the utilities' data set rather than for the industrial boilers in conducting the following analyses.
   1. Calculate the UPL for your respective data set in units of pollutant mass as sampled by the test method (e.g., total ng of D/F, total TEQ of D/F, ug of Hg).
   2. Compare the 3xRDL mass value (shown in bold) to the calculated UPL.  If 3xRDL mass < UPL mass, use the UPL value for rulemaking.  If 3xRDL > UPL, use the 3xRDL value for rulemaking.  For source categories other than boilers, use the 3xRDL D/F values shown above for Utilities.
   3. Alternatively, you may calculate the UPL for your data set in units of pollutant concentration (ng/dscm for D/F, ug/dscm for Hg).  If so, repeat steps 1 and 2 selecting the concentration associated with the sample volume appropriate for your ICR or regulatory decision.  You may also determine to convert the values in the table to other emissions formats (e.g., lb/MMBtu or lb/MWh) for these comparisons.

Example spreadsheet:

(ng/dscm @ 7 percent O2)
ng
ng

mass (average of all congener data in set)
TEQ (average of all TEQ per congener in set)

lab mass
TEQ
Total OCDD
                                                                       2.19E-02
                                                                       6.24E-06

                                                                       8.77E-02
                                                                       2.50E-05
Total OCDF

                                                                       6.72E-03
                                                                       1.89E-06

                                                                       2.69E-02
                                                                       7.55E-06
1,2,3,4,6,7,8 HpCDD
                                                                       2.95E-03
                                                                       2.70E-05

                                                                       1.18E-02
                                                                       1.08E-04
1,2,3,4,6,7,8 HpCDF
                                                                       6.10E-03
                                                                       6.02E-05

                                                                       2.44E-02
                                                                       2.41E-04
1,2,3,4,7,8 HxCDD
                                                                       1.16E-03
                                                                       1.06E-04

                                                                       4.63E-03
                                                                       4.25E-04
1,2,3,4,7,8 HxCDF
                                                                       8.24E-03
                                                                       8.10E-04

                                                                       3.30E-02
                                                                       3.24E-03
1,2,3,4,7,8,9 HpCDF
                                                                       3.08E-03
                                                                       3.00E-05

                                                                       1.23E-02
                                                                       1.20E-04
1,2,3,6,7,8 HxCDD
                                                                       1.33E-03
                                                                       1.23E-04

                                                                       5.32E-03
                                                                       4.93E-04
1,2,3,6,7,8 HxCDF
                                                                       9.64E-04
                                                                       8.83E-05

                                                                       3.86E-03
                                                                       3.53E-04
1,2,3,7,8 PeCDD
                                                                       4.40E-03
                                                                       4.33E-03

                                                                       1.76E-02
                                                                       1.73E-02
1,2,3,7,8 PeCDF
                                                                       1.82E-03
                                                                       5.26E-05

                                                                       7.29E-03
                                                                       2.10E-04
1,2,3,7,8,9 HxCDD
                                                                       3.37E-03
                                                                       3.26E-04

                                                                       1.35E-02
                                                                       1.30E-03
1,2,3,7,8,9 HxCDF
                                                                       7.81E-04
                                                                       6.93E-05

                                                                       3.12E-03
                                                                       2.77E-04
2,3,4,6,7,8 HxCDF
                                                                       2.35E-03
                                                                       2.27E-04

                                                                       9.40E-03
                                                                       9.09E-04
2,3,4,7,8 PeCDF
                                                                       1.61E-03
                                                                       4.61E-04

                                                                       6.43E-03
                                                                       1.85E-03
2,3,7,8-TCDD
                                                                       3.38E-03
                                                                       3.34E-03

                                                                       1.35E-02
                                                                       1.34E-02
2,3,7,8-TCDF
                                                                       2.24E-03
                                                                       2.18E-04

                                                                       8.98E-03
                                                                       8.73E-04

max DL
                                                                       2.19E-02
                                                                       4.33E-03

                                                                       8.77E-02
                                                                       1.73E-02

min DL
                                                                       7.81E-04
                                                                       1.89E-06

                                                                       3.12E-03
                                                                       7.55E-06

mean DL
                                                                       4.26E-03
                                                                       6.05E-04

                                                                       1.70E-02
                                                                       2.42E-03

sum
                                                                       7.24E-02
                                                                       1.03E-02

                                                                       2.90E-01
                                                                       4.11E-02
RDL = EDL x 2
                                                                       1.45E-01
                                                                       2.06E-02

                                                                       5.80E-01
                                                                       8.22E-02
RDL x 3 > floor?
                                                                       4.35E-01
                                                                       6.17E-02

                                                                       1.74E+00
                                                                       2.47E-01