[Federal Register: January 21, 2010 (Volume 75, Number 13)]
[Proposed Rules]
[Page 3420-3423]
[DOCID:fr21ja10-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0041; Directorate Identifier 2009-NM-218-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
Airplanes, Model A340-211, -212, -213, -311, -312, and -313 Airplanes,
and Model A340-541 and -642 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

    Several reports have recently been received of loose pneumatic
quick-disconnect unions on Goodrich pitot probes P/N (part number)

0851HL. These may be the result of mis-torque of the affected unions
at equipment manufacturing level. Investigations are still on-going
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak,
resulting in incorrect total pressure measurement and consequent
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the
Air Data Computer (ADC).
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading
information provided to the flightcrew. The proposed AD would require
actions that are intended to address the unsafe condition described in
the MCAI.

DATES: We must receive comments on this proposed AD by March 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80, e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0041;
Directorate Identifier 2009-NM-218-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov; including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency Airworthiness Directive 2009-0202-E, dated September 21,
2009, and corrected September 22, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Several reports have recently been received of loose pneumatic
quick-disconnect unions on Goodrich pitot probes P/N (part number)
0851HL. These may be the result of mis-torque of the affected unions
at equipment manufacturing level. Investigations are still on-going
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak,
resulting in incorrect total pressure measurement and consequent
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading
information provided to the flightcrew. If the quick-disconnect union
fitted on the pitot probe is not adequately torqued, the corrective
action includes applying torque. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-34A3235 (for Model
A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes); A340-34A4241 (for Model A340-211, -212,
-213, -311, -312, and -313 airplanes); and A340-34A5074 (for Model
A340-541 and -642 airplanes); all Revision 1, all dated September 21,
2009. The actions described in the service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would

affect about 47 products of U.S. registry. We also estimate that it
would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $3,760, or $80 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2010-0041; Directorate Identifier 2009-NM-
218-AD.

Comments Due Date

    (a) We must receive comments by March 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in
any category; all manufacturer serial numbers; with pitot probes
having Goodrich part number (P/N) 0851HL, serial numbers 267328
through 270714 inclusive.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Model A340-541 and -642 airplanes.

Subject

    (d) Air Transport Association (ATA) of America Code 34:
Navigation.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    Several reports have recently been received of loose pneumatic
quick-disconnect unions on Goodrich pitot probes P/N (part number)
0851HL. These may be the result of mis-torque of the affected unions
at equipment manufacturing level. Investigations are still on-going
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak,
resulting in incorrect total pressure measurement and consequent
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading
information provided to the flightcrew. If the quick-disconnect
union fitted on the pitot probe is not adequately torqued, the
corrective action includes applying torque.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) At the time specified, do the following actions.
    (1) Within 14 days after the effective date of this AD: Perform
a torque check of the pneumatic quick-disconnect union of each pitot
probe having Goodrich P/N 0851HL to determine if the torque is
adequate, in accordance with the instructions of the applicable
service information specified in Table 1 of this AD. Before further
flight, do all applicable corrective actions in accordance with the
instructions of the applicable service information specified in
Table 1 of this AD.

                   Table 1--Airbus Service Information
------------------------------------------------------------------------
  Airbus All Operators Telex     Revision               Dated
------------------------------------------------------------------------
A330-34A3235 (for Model A330-            1  September 21, 2009.
 201, -202, -203, -223, -243,
 -301, -302, -303, -321, -
 322, -323, -341, -342, and -
 343 airplanes).
A340-34A4241 (for Model A340-            1  September 21, 2009.
 211, -212, -213, -311, -312,
 and -313 airplanes).
A340-34A5074 (for Model A340-            1  September 21, 2009.
 541 and -642 airplanes).
------------------------------------------------------------------------

     (2) Within 30 days after performing the torque check required
by paragraph (g)(1) of this AD, or within 30 days after the
effective date of this AD, whichever occurs later: Report the torque
check results to Airbus, including no findings, as specified in the
instructions of the applicable service information listed in Table 1
of this AD.
    (3) Actions done before the effective date of this AD in
accordance with Airbus All Operators Telexes A330-34A3235, A340-
34A4241, and A340-34A5074, all dated September 10, 2009, are
acceptable for compliance with the corresponding requirements in
paragraph (g)(1) of this AD.
    (4) As of the effective date of this AD, no person may install a
pitot probe having Goodrich P/N 0851HL on any airplane,

unless the actions required by paragraph (g)(1) of this AD have been
done.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    Where the MCAI includes a compliance time of ``5 days,'' we have
determined that a compliance time of ``within 14 days after the
effective date of the AD'' is appropriate. The manufacturer and EASA
agree with this expansion in compliance time.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Airworthiness Directive 2009-0202-E, dated
September 21, 2009, and corrected September 22, 2009; and the
service information specified in Table 1 of this AD; for related
information.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-1044 Filed 1-20-10; 8:45 am]
BILLING CODE 4910-13-P


MOUNTAIN AREA EARLY ACTION COMPACT For the City of Asheville, North Carolina And The Counties of Buncombe, Haywood and Madison, North Carolina March 31st Submittal Letter of Transmittal Since learning that the Mountain Area will achieve the current Federal Air Quality Standard for ozone, the member governments of the Mountain Area Early Action Compact have understood that we may continue participation in the EAC process as a voluntary effort. This will add local initiative to the state and federal work promoting public health and environmental stewardship. We are happy to continue our efforts both to serve local constituents and to extend this unique partnership among governments at all levels.

Unfortunately two of the original Mountain Area Early Action Compact member counties, Henderson and Transylvania, have chosen to leave the Compact, but still intend to work voluntarily with the group in some capacity.

Our previous submittals have dealt with documentation of stakeholder involvement in EAC plans and have discussed the initiatives planned by each member government. This document will complete the planning phase of the Early Action Compact. We look forward to a continued partnership to improve air quality.

On behalf of the Compact membership I wish to thank Kay Prince and other US Environmental Protection Agency staff for assistance with the EAC. Shelia Holman and the NCDAQ staff have been diligent and responsive to calls for assistance and we are grateful for their work. Finally, we extend a special thank you to Paul Muller of the Asheville office of DAQ for being a counselor, advocate and trusted advisor to the Mountain Area Early Action Compact.

Sincerely,

Jon Creighton Buncombe County Planning Department For member governments of the Mountain Area Early Action Compact Air Quality Improvement Initiative 2004 CITY OF ASHEVILLE March 2004 Ozone is a molecule found in the atmosphere containing three oxygen atoms ( O3), while the oxygen we breathe has two oxygen atoms ( O2). Ozone occurs naturally in both the lower and upper atmosphere. Stratospheric ozone is a substance that absorbs the sun's harmful ultraviolet rays and protects the environment. Ground level ozone is the main ingredient in smog.

Ground level ozone occurs when nitrogen oxides ( NOx) and volatile organic compounds ( VOCs) react together on warm sunny days. Ozone concentrations can increase to unhealthy levels during the warmer months. From April through October, hot weather and high total nitrogen oxide emissions from cars, coal fired power plants, lawnmowers and other diesel or gasoline powered devices can create elevated concentrations of ground level ozone. Morning rush hour traffic is a major source of precursor chemicals to ground level ozone formation. Ozone levels are normally highest during the hottest part of the afternoon and lowest in the early morning and night. Actions taken in the early hours of the day have a great effect on ozone levels the rest of the day.

The federal 120 parts per billion ( ppb) one hour standard was recently replaced with an 80 ppb eight hour standard to protect human health. The Bent Creek air quality monitor violated the eight hour ozone standard for 2000 2002. Thus part or all of Buncombe, Haywood, Henderson, Madison, and Transylvania counties may be designated " nonattainment" or not attaining the Federal Clean Air ozone standard. The Early Action Compact allows local government to delay or avoid " nonattainment" designation by proposing a plan to meet and maintain air quality standards. The following recommendations outline actions the public, businesses, and government agencies can take to reduce unhealthy levels of ozone. The actions will cut the amount of nitrogen oxides in the atmosphere by reducing the amount of fossil fuels burned on warm sunny days.

These are recommended actions for the City of Asheville and are based on work of the Asheville Buncombe Stakeholders Group along with input from the public. Actions the public can take on an ongoing basis to reduce ozone PA 1 Keep your car tuned up. A car does not always have visible smoke from its tailpipe when it is producing excessive NOx. An auto shop can often make minor repairs resulting in better gas mileage and less pollution from your tailpipe.

PA 2 Keep tires properly inflated. Proper tire inflation increases gas mileage and lowers the contribution to pollution.

PA 3 Carpool or vanpool. Join a carpool or vanpool for the trip to and from work. Local businesses, non profit agencies and government agencies should seek sources of transportation for carpoolers in case of an emergency.

PA 4 Ride your bike. Bike on at least one errand a week. It's great exercise and a stress reliever.

PA 5 Take a walk. Walk to lunch with a friend instead of starting up the car. Walk to the next meeting or on an errand near home.

PA 6 Take the bus. Ride the bus to work or on an errand.

PA 7 Use an electric powered mower or a push mower. A two stroke gas powered lawnmower pollutes the equivalent of 40 late model cars in just an hour. Use a rake on your leaves instead of a leaf blower. Reduce the need to mow by installing water wise landscaping.

PA 8 Conserve energy and reduce pollution at home. Much of the region's electricity still comes from coal fired generators. Turn off lights when not in use and reduce the use of the air conditioning with ceiling fans, good insulation, and a programmable thermostat. Replace paints and cleaning products with more environmentally friendly alternatives. Choose a gas fireplace and barbeque grill over wood or charcoal.

PA 9 Practice appropriate vehicle operating tips, such as shutting off the engine when parked. Avoid excessive idling at drive throughs by parking and walking in. Operate the vehicle only on an as needed basis to reduce emissions. Avoid travel through known congested areas whenever possible.

PA 10 Purchase products that meet the EPA Energy Star Program. Learn how much energy is used by the products you purchase. Ozone Action Days ( Air Quality Index is predicted to be orange, red, or purple) for the public and businesses OAD 1 Tell your friends! Spread the word about Ozone Action Days and air quality issues. There are about eight to ten Ozone Action Days each year in our area. They can occur from late spring to early fall. These are days when our individual actions can make the most difference in comfort and health for everyone, especially those with asthma and chronic respiratory disorders.

The NC Division of Air Quality issues ozone forecasts during ozone season at 3pm each day for the following day. Forecasts for Buncombe and surrounding counties are available from WLOS TV and The Asheville Citizen Times. Ozone forecasts are also available at 1 888 RU4NCAIR. The Division of Air Quality will e mail or fax the forecast to you. Those features can be accessed at http:// daq. state. nc. us/ airaware/ ozone.

OAD 2 Delay errands until late in the day. Cars driven in the morning hours produce NOx and VOCs that become ground level ozone in the heat of the afternoon. The more one can avoid driving, the better for air quality.

OAD 3 Don't mow your lawn until late in the day. Small engines like lawnmowers, weed whackers and leaf blowers lack pollution controls. The average lawnmower produces as much pollution in one hour as 40 late model cars!

OAD 4 Bring your lunch or walk to lunch. Reduce your contribution to air pollution by not starting up your car at lunchtime.

OAD 5 Bus, Bike or Walk. If you find you're not affected by ozone on Ozone Action Days, take the bus, walk, or bike to work, to lunch, or on an errand.

OAD 6 Practice appropriate vehicle operating tips. Shut off the engine when parked. Operate the vehicle only on an as needed basis to reduce emissions. Idling for 30 seconds to 1 minute emits more pollution than restarting your vehicle.

OAD 7 Do not use drive through services. Avoid excessive idling at bank or fast food drive throughs. Instead, park your vehicle and walk into the business. Businesses could voluntarily close their drive through services until 11: 00 a. m.

OAD 8 Telecommute. Businesses could allow employees with appropriate jobs to work at home when it is possible. Telecommunication from the home will reduce the number of vehicles emitting nitrogen oxides. OAD 9 Participate in OAD program. Large and medium sized businesses are encouraged to participate in the NC Division of Air Quality Ozone Action Day ( OAD) program.

Ozone Action Days ( Air Quality Index is predicted to be orange, red, or purple) for local, state and federal government G 1 Local government will seek participation of state and federal agencies in the following measures:

G 2 Limit morning meetings. Minimize scheduling of morning meetings involving auto travel between the hours of 8: 00AM and 9: 00AM when possible. Because OADs are declared with only one day notice, the practice of delaying all meetings requiring auto travel should be encouraged during ozone season.

G 3 Practice appropriate vehicle operating tips. Shut off the engine when parked. Avoid excessive idling such as sitting at drive throughs instead of walking in. Operate the vehicle only on an as needed basis to reduce emissions. Avoid travel through known congested areas whenever possible.

G 4 Work schedules. Limit vehicle/ equipment use. Encourage multiple crew transports using higher occupancy vehicles.

G 5 Nonessential operations. Reschedule operations under direct control of the city such as driving, lawn maintenance, tree trimming, and use of power saws, generators and similar gasoline or diesel powered equipment. Bid similar contracted work with an alternate to halt operations on ozone action days.

G 6 Paving. Reschedule nonessential paving activities, including pothole repairs. Bid similar contracted work with an alternate to halt operations on ozone action days.

G 7 Alternative Transportation/ Alternative Fuels. Explore the use of alternative fuels, including diesel and off road diesel fuels, to reduce NOx emissions, subject to availability of reliable sources of supply. Consider purchase of commercially available hybrid vehicles for use in nonemergency fleet.

G 8 Cleaner Burning Gasoline, Diesel Fuel and off road Diesel Fuel. Track statewide initiatives to bring cleaner burning fuels to area retailers during ozone season or year round. G 10 Smoking Vehicles. Smoking vehicles are heavy polluters. Local law enforcement agencies will be educated on the state statute concerning smoking vehicles and encouraged to increase enforcement. Local government will publicize programs for citizen reporting of smoking vehicles.

G 11 Tree Planting Program. Ozone formation is exacerbated by high temperatures. Because of the urban heat island effect, temperatures in cities can average up to 15 degrees higher than nearby rural areas. Trees clean and cool the air. They shield from the sun hard surfaces that would otherwise store and radiate heat, and they release cooling moisture. Mature trees increase property values. The City of Asheville, through its proposed 2025 plan, will continue to require tree planting.

G 12 Hybrid Electric Technology. The City of Asheville will explore the possibility of using hybridelectric technology whenever possible.

G 13 Retrofit Technology. Purchase of applicable fuel line and electric spark controller retrofit technologies are being explored. Successful devices have proven to reduce Hydrocarbon, Carbon Monoxide, and Nitrogen Oxides, while improving engine performance and fuel consumption. Some retrofits have already occurred to Asheville Transit Services vehicles.

G 14 Service Contracts. Departmental requirements specific to OADs will be incorporated into service contracts. Purchase and service contracts will specify energy efficient equipment and maintenance practices.

G 15 Annual In House Training. An annual training program to increase awareness of OAD responsibilities of Departments and employees will be developed. OAD orientation packets for new employees will be developed.

G 16 OAD Coordinators. The City will appoint one or more Ozone Action Day Coordinators to manage OAD initiatives. The Coordinator will participate in the state OAD program.

G 17 Telecommute. Local government could allow employees with appropriate jobs to work at home when it is possible. Telecommuting from the home will reduce the number of vehicles emitting nitrogen oxides. Ongoing Actions to Reduce Ozone OA 1 Clean burning fuels. Local government will collaborate with area fuel suppliers to accelerate availability of clean gasoline/ diesel fuels.

OA 2 Western North Carolina Regional Air Quality Agency. The City has supported this agency and its programs for more than thirty years and will continue to do so.

OA 3 Public Education Campaigns. Develop educational brochures and related materials for children about air quality. Provide for a public relations component within the WNCRAQA to assist in media relations and public education efforts.

OA 4 Outreach. Work with area governmental entities and local media to develop educational outreach programs.

OA 5 Themes. Develop air quality themes for use in advertising on busses and other public venues. Tie themes to air quality summits to provide businesses, institutions and government with information on what each sector can do to improve air quality.

OA 6 Cultural Outreach. A bilingual and multicultural educational outreach program for air quality will be developed that expands current public outreach efforts to all citizens.

OA 7 Community Outreach. Provide air quality tips to neighborhood associations who can pass out the information to individual households.

OA 8 Business Involvement. Local governments will encourage involvement of area businesses in OAD programs.

OA 9 Conserve energy and reduce pollution at work. Much of the region's electricity still comes from coal. Turn off lights when not in use. Reduce the use of air conditioning with good insulation and window blinds. Use programmable thermostats to reduce energy use for heating and cooling. Replace paints and cleaning products with more environmentally friendly alternatives.

OA 10 Land Use. Mixed use neighborhoods in which residents can access both commercial and residential destinations using a variety of transportation modes are conducive to less driving by residents. In accordance with the proposed 2025 Plan, the City is working to adopt measures to encourage construction on vacant or underused land in the City and to increase density along designated transit corridors. City officials will continue to support such planning. OA 11 Conversion to Alternative Fuels. The City, through Land of Sky Regional Council, will seek DOE Clean Cities designation in order to promote greater availability of clean gasoline, diesel and alternative fuels. Clean Cities designation will also facilitate the creation of infrastructure necessary for the utilization of these fuels.

OA 12 Low sulfur fuels. Develop community support in order to encourage the petroleum industries to make low sulfur gas and diesel fuels available in the Compact area by April 2005.

OA 13 Ride the bus. In order to encourage bus ridership, the Asheville Transit System will explore options such as business sponsorships to provide free bus service and promote bus ridership on OADs.

OA 14 Energy Star. Purchase products that meet the EPA Energy Star Program. Government agencies should consider the energy efficiency of the products they buy.

OA 15 AQ Group. The City of Asheville should collaborate to form a permanent advisory group to address air quality and other environmental issues.

Asheville Buncombe Council Mountain Area Early Action Compact Recommendations to Buncombe County Board of Commissioners Ozone is a molecule found in the atmosphere containing three oxygen atoms ( O3), while the oxygen we breathe has two oxygen atoms ( O2). Ozone occurs naturally in both the lower and upper atmosphere. Stratospheric ozone is a substance that absorbs the sun's harmful ultraviolet rays and protects the environment. Ground level ozone is the main ingredient in smog.

Ground level ozone occurs when nitrogen oxides ( NOx) and volatile organic compounds ( VOCs) react together on warm sunny days. Ozone concentrations can increase to unhealthy levels during the warmer months. From April through October, hot weather and high total nitrogen oxide emissions from cars, coal fired power plants, lawnmowers and other diesel or gasoline powered devices can create elevated concentrations of ground level ozone. Morning rush hour traffic is a major source of precursor chemicals to ground level ozone formation. Ozone levels are normally highest during the hottest part of the afternoon and lowest in the early morning and night. Actions taken in the early hours of the day have a great effect on ozone levels the rest of the day. The federal 120 parts per billion ( ppb) one hour standard was recently replaced with an 80 ppb eight hour standard to protect human health. The Bent Creek air quality monitor violated the eight hour ozone standard for 2000 2002. Thus part or all of Buncombe, Haywood, Henderson, Madison, and Transylvania counties may be designated " nonattainment" or not attaining the Federal Clean Air ozone standard. The Early Action Compact allows local government to delay or avoid " nonattainment" designation by proposing a plan to meet and maintain air quality standards. The following recommendations outline actions the public, businesses, and government agencies can take to reduce unhealthy levels of ozone. The actions will cut the amount of nitrogen oxides in the atmosphere by reducing the amount of fossil fuels burned on warm sunny days.

These are recommended actions for Buncombe County and the City of Asheville and are based on work of the Asheville Buncombe Council of the Mountain Area Early Action Compact. Our goal was to develop proposed strategies to be included in a required report to the Environmental Protection Agency and due on March 31, 2004.

Since beginning the planning, it has become apparent that our area will achieve the standards for the year 2003. This is due in large part to a cool and wet summer, which inhibits the formation of ozone. Since we are in compliance, our participation in the Compact is voluntary, however; we recommend continued participation in the program to improve air quality and to guard against future non attainment of standards.

Actions the public can take on an ongoing basis to reduce ozone PA 1 Keep your car tuned up. A car does not always have visible smoke from its tailpipe when it is producing excessive NOx. An auto shop can often make minor repairs resulting in better gas mileage and less pollution from your tailpipe.

PA 2 Keep tires properly inflated. Proper tire inflation increases gas mileage and lowers the contribution to pollution.

PA 3 Carpool or vanpool Join a carpool or vanpool for the trip to and from work. Local businesses, non profit agencies and government agencies should seek sources of transportation for carpoolers in case of an emergency.

PA 4 Ride your bike. Bike on at least one errand a week. It's great exercise and a stress reliever.

PA 5 Take a walk. Walk to lunch with a friend instead of starting up the car. Walk to the next meeting or on an errand near home. PA 6 Take the bus. Ride the bus to work or on an errand.

PA 7 Use an electric powered mower or a push mower. A two stroke gas powered lawnmower pollutes the equivalent of 40 late model cars in just an hour. Use a rake on your leaves instead of a leaf blower. Reduce the need to mow by installing water wise landscaping.

PA 8 Conserve energy and reduce pollution at home. Much of the region's electricity still comes from coal fired generators. Turn off lights when not in use and reduce the use of the air conditioning with ceiling fans, good insulation, and a programmable thermostat. Replace paints and cleaning products with more environmentally friendly alternatives. Choose a gas fireplace and barbeque grill over wood or charcoal.

PA 9 Practice appropriate vehicle operating tips, such as shutting off the engine when parked. Avoid excessive idling at drive throughs by parking and walking in. Operate the vehicle only on an as needed basis to reduce emissions. Avoid travel through known congested areas whenever possible.

PA 10 Purchase products that meet the EPA Energy Star Program. Learn how much energy the products you purchase use.

Ozone Action Days ( Air Quality Index is predicted to be orange, red, or purple) for the public and businesses OAD 1 Tell your friends! Spread the word about Ozone Action Days and air quality issues. There are about eight to ten Ozone Action Days each year in our area. They can occur from late spring to early fall. These are days when our individual actions can make the most difference in comfort and health for everyone, especially those with asthma and chronic respiratory disorders.

The NC Division of Air Quality issues ozone forecasts during ozone season at 3pm each day for the following day. Forecasts for Buncombe and surrounding counties are available from WLOS TV and The Asheville Citizen Times. Ozone forecasts are also available at 1 888 RU4NCAIR. The Division of Air Quality will e mail or fax the forecast to you. Those features can be accessed at http:// daq. state. nc. us/ airaware/ ozone.

OAD 2 Delay errands until late in the day. Cars driven in the morning hours produce NOx and VOCs that become ground level ozone in the heat of the afternoon. The more one can avoid driving, the better for air quality. OAD 3 Don't mow your lawn until late in the day. Small engines like lawnmowers, weed whackers and leaf blowers lack pollution controls. The average lawnmower produces as much pollution in one hour as 40 late model cars!

OAD 4 Bring your lunch or walk to lunch. Reduce your contribution to air pollution by not starting up your car at lunchtime.

OAD 5 Bus, Bike or Walk. If you find you're not affected by ozone on Ozone Action Days, take the bus, walk, or bike to work, to lunch, or on an errand.

OAD 6 Practice appropriate vehicle operating tips. Shut off the engine when parked. Operate the vehicle only on an as needed basis to reduce emissions. Idling for 30 seconds to 1 minute emits more pollution than restarting your vehicle.

OAD 7 Do not use drive through services. Avoid excessive idling at bank or fast food drive throughs. Instead, park your vehicle and walk into the business. Businesses could voluntarily close their drive through services until 11: 00 a. m.

OAD 8 Telecommute. Businesses could allow employees with appropriate jobs to work at home when it is possible. Telecommunication from the home will reduce the number of vehicles emitting nitrogen oxides.

OAD 9 Participate in OAD program. Large and medium sized businesses are encouraged to participate in the NC Division of Air Quality Ozone Action Day ( OAD) program.

Ozone Action Days ( Air Quality Index is predicted to be orange, red, or purple) for local, state and federal government G 1 Local government will seek participation of state and federal agencies in the following measures:

G 2 Limit morning meetings. Minimize scheduling of morning meetings involving auto travel between the hours of 8: 00AM and 9: 00AM when possible. Because OADs are declared with only one day notice, the practice of delaying all meetings requiring auto travel should be encouraged during ozone season.

G 3 Practice appropriate vehicle operating tips. Shut off the engine when parked. Avoid excessive idling such as sitting at drive throughs instead of walking in. Operate the vehicle only on an as needed basis to reduce emissions. Avoid travel through known congested areas whenever possible.

G 4 Work schedules. Limit vehicle/ equipment use. Encourage multiple crew transports using higher occupancy vehicles.

G 5 Nonessential operations. Reschedule operations under direct control of the city or county such as driving, lawn maintenance, tree trimming, and use of power saws, generators and similar gasoline or diesel powered equipment. Bid similar contracted work with an alternate to halt operations on ozone action days.

G 6 Paving. Reschedule nonessential paving activities, including pothole repairs. Bid similar contracted work with an alternate to halt operations on ozone action days.

G 7 Alternative Transportation/ Alternative Fuels. Explore the use of alternative fuels, including diesel and off road diesel fuels, to reduce NOx emissions, subject to availability of reliable sources of supply. Consider purchase of commercially available hybrid vehicles for use in nonemergency fleet.

G 8 Cleaner Burning Gasoline, Diesel Fuel and off road Diesel Fuel. Track statewide initiatives to bring cleaner burning fuels to area retailers during ozone season or year round.

G 10 Smoking Vehicles. Smoking vehicles are heavy polluters. Local law enforcement agencies will be educated on the state statute concerning smoking vehicles and encouraged to increase enforcement. Local government will publicize programs for citizen reporting of smoking vehicles.

G 11 Tree Planting Program. High temperatures exacerbate ozone formation. Because of the urban heat island effect, temperatures in cities can average up to 15 degrees higher than nearby rural areas. Trees clean and cool the air. They shield from the sun hard surfaces that would otherwise store and radiate heat and they release cooling moisture. Mature trees increase property values. The City of Asheville, through its proposed 2025 plan, will continue to require tree planting. This initiative applies to the City of Asheville only.

G 12 Hybrid Electric Car Pilot Project. The County of Buncombe is evaluating the cost effectiveness and performance of hybrid electric technology. The Western North Carolina Regional Air Quality Agency ( WNCRAQA) has procured two Toyota Prius Hybrid Electric vehicles. If this pilot project is successful, the County intends to specify that all new car purchases for non emergency use be hybrid electric. G 13 Retrofit Technology. Purchase of applicable fuel line and electric spark controller retrofit technologies are being explored. Successful devices have proven to reduce Hydrocarbon, Carbon Monoxide, and Nitrogen Oxides, while improving engine performance and fuel consumption. Some retrofits have already occurred to County school busses and Asheville Transit Services vehicles.

G 14 Service Contracts. Departmental requirements specific to OADs will be incorporated into service contracts. Purchase and service contracts will specify energy efficient equipment and maintenance practices.

G 15 Annual In House Training An annual training program to increase awareness of OAD responsibilities of Departments and employees will be developed. OAD orientation packets for new employees will be developed.

G 16 OAD Coordinators. The City and County will appoint one or more Ozone Action Day Coordinators to manage OAD initiatives. Coordinators will participate in the state OAD program.

G 17 Telecommute. Local government could allow employees with appropriate jobs to work at home when it is possible. Telecommuting from the home will reduce the number of vehicles emitting nitrogen oxides.

Ongoing Actions to Reduce Ozone OA 1 Clean burning fuels. Local government will collaborate with area fuel suppliers to accelerate availability of clean gasoline/ diesel fuels.

OA 2 Western North Carolina Regional Air Quality Agency. The City and County have supported this agency and its programs for more than thirty years and will continue to do so.

OA 3 Public Education Campaigns. Develop educational brochures and related materials for children about air quality. Provide for a public relations component within the WNCRAQA to assist in media relations and public education efforts.

OA 4 Outreach. Work with area governmental entities and local media to develop educational outreach programs. OA 5 Themes. Develop air quality themes for use in advertising on busses and other public venues. Tie themes to air quality summits to provide businesses, institutions and government with information on what each sector can do to improve air quality.

OA 6 Cultural Outreach. A bilingual and multicultural educational outreach program for air quality will be developed that expands current public outreach efforts to all citizens.

OA 7 Community Outreach. Provide air quality tips to neighborhood associations who can pass out the information to individual households.

OA 8 Business Involvement. Local governments will encourage involvement of area businesses in OAD programs.

OA 9 Conserve energy and reduce pollution at work. Much of the region's electricity still comes from coal. Turn off lights when not in use. Reduce the use of air conditioning with good insulation and window blinds. Use programmable thermostats to reduce energy use for heating and cooling. Replace paints and cleaning products with more environmentally friendly alternatives.

OA 10 Land Use. Mixed use neighborhoods in which residents can access both commercial and residential destinations using a variety of transportation modes are conducive to less driving by residents. In accordance with the proposed 2025 Plan, the City is working to adopt measures to encourage construction on vacant or underused land in the City and to increase density along designated transit corridors. City officials will continue to support such planning. This initiative applies to the City of Asheville only.

OA 11 Conversion to Alternative Fuels. The City and County, through Land of Sky Regional Council, will seek DOE Clean Cities designation in order to promote greater availability of clean gasoline, diesel and alternative fuels. Clean Cities designation will also facilitate the creation of infrastructure necessary for the utilization of these fuels.

OA 12 Low sulfur fuels. Develop community support in order to encourage the petroleum industries to make low sulfur gas and diesel fuels available in the Compact area by April 2005.

OA 13 Ride the bus. In order to encourage bus ridership, the Asheville Transit System will explore options such as business sponsorships to provide free bus service and promote bus ridership on OADs. This initiative applies to the City of Asheville only.

OA 14 Energy Star. Purchase products that meet the EPA Energy Star Program. Government agencies should consider the energy efficiency of the products they buy. OA 15 AQ Group. Buncombe County and the City of Asheville should collaborate to form a permanent advisory group to address air quality and other environmental issues.

HAYWOOD COUNTY EARLY ACTION COMPACT STAKEHOLDERS A. Primary organization responsible for EAC activities: Haywood County B. Lead Contact: Richard Honeycutt C. Organization Chart Attached list of Stakeholders D. Meetings Held 1. Haywood County Council of Governments met on December 11, 2002 to approve initiating Early Action Compact.

2. The Board of Commissioners approved for Haywood County to be a part of the Early Action Compact on December 16, 2002.

2. Meetings of the Stakeholders were held on March 19, 2003, April 2, 2003 and April 30, 2003 with good participation. Meetings were held in the Commissioners' Board Room and the Agricultural Services Center.

E. Proposed Local Control Measures 1. Local Government will encourage the following public actions for normal days:

  Keep your car tuned up. A car does not always have visible smoke from its tailpipe when it is producing excessive NOx. An auto shop can often make minor repairs resulting in better gas mileage and less pollution from your tailpipe. Keep tires properly inflated and maintain regular tune ups to lower the contribution to pollution.

  Carpool or vanpool. Join a carpool or vanpool for the trip to and from work.

  Ride your bike. Bike on at least one errand a week. It's great exercise and a stress reliever.

  Take a walk. Walk to lunch with a friend instead of starting up the car. Walk to the next meeting or on an errand near home.

  Take the shuttle when possible.

  Purchase energy efficient appliances.   Build energy efficient houses or improve energy efficiency in existing houses.

  Use an electric powered mower or a push mower. A two stroke gaspowered lawnmower pollutes the equivalent of 40 late model cars. Use a rake on your leaves instead of a leaf blower. Reduce your need for mowing by installing water wise landscaping.

  Conserve energy and reduce pollution at home. Much of the region's electricity still comes from coal. Turn off lights when not in use and reduce the use of the air conditioner with ceiling fans, good insulation, and a programmable thermostat. Replace paints and cleaning products with more environmentally friendly alternatives. Choose a gas fireplace and barbeque grill over wood or charcoal.

2. Ozone Action Days for Public. The County Government Access Channel may be used to deliver information on Ozone Action Days.

  Delay errands until late in the day. Cars driven in the morning hours produce NOx and VOCs that become ground level ozone in the heat of the afternoon. The more one can avoid driving, the better for air quality.

  Don't mow your lawn until late in the day. Small engines like lawnmowers, weed whackers and leaf blowers lack pollution controls.

  Bring your lunch or walk to lunch. Reduce your contribution to air pollution by not starting up your car at lunchtime.

  Take the shuttle. Take the shuttle to work, to lunch, or on an errand.

  Take a walk. If you have an errand to run that's a short distance away, try walking instead of driving.

  Ride your bike. Ride your bike on morning errands. If you find that you're not affected by ozone on Ozone Action Days, try biking to work or school.

  Tell your friends! Spread the word about Ozone Action Days and air quality issues.

3. Ozone Action Days for Local Government   Minimize movement in vehicles. Use of fleet vehicles will be used for essential use only. Meetings requiring traveling by fleet vehicles are to be canceled when possible, or implement the use of e mail and conference calls.

  Minimize scheduling of morning meetings between the hours of 8: 00AM and 9: 00AM when possible or teleconference. Because OADs are declared with only one day notice, the practice of delaying meetings should be encouraged year round.   Practice appropriate vehicle operating tips, such as shutting off the engine when parked, avoiding excessive idling such as sitting at drive thru's, and leaving the vehicle running while parked. Operate the vehicle only on an asneeded basis to reduce emissions. Avoid travel through known congested areas whenever possible.

  Work schedules should reflect limited vehicle/ equipment use and should encourage multiple crew transports using higher occupancy rate vehicles.

  Reschedule nonessential operations such as lawn maintenance, tree trimming, and use of power saws, generators, etc., which include other gasoline powered equipment.

4. Long term Local Government actions to reduce ozone   Investigate the supply of alternative fuels to the County.

  Develop network of coordinators throughout the County for ozone notifications and other information.

  Commute Solutions: Encourage ride sharing for regional trips.

  Land Use: Encourage the continued development of greenways, and mixeduse neighborhoods in which residents can access both commercial and residential destinations using a variety of transportation modes. Encourage smart growth by utilizing vacant or underused land. Town officials are actively supporting increased housing in the downtown area.

  Downtown Guide: The towns are encouraging walkable communities. Some have developed a walking guide to the Town.

  Smoking Vehicles: It is estimated that 10% of vehicles produce 90% of vehicular pollution. Encourage citizens to report smoking vehicles on form to the State of North Carolina. ( Form available on web site daq. state. nc. us/ smoking. shtml.

  Tree Planting Program: Ozone formation is exacerbated by high temperatures. Because of the urban heat island effect, temperatures in cities can average up to 15 degrees higher than nearby rural areas. Trees clean and cool the air. They shield from the sun hard surfaces that would otherwise store and radiate heat, and they release cooling moisture. Mature trees increase property values. Encourage tree planting programs with agencies.

  Hybrid Electric Car Pilot Program: Local Governments will evaluate the cost effectiveness and performance of hybrid electric technology.

  Retrofit Technology: Purchasing of applicable fuel line and electric spark controllers retrofit technologies are being explored. Successful devices have proven to reduce Hydrocarbon, Carbon Monoxide, and Nitrogen Oxides, while improving engine performance and fuel consumption. Seek grants for retrofitting diesel engines.   Service Contracts: Department specific OAD requirements will be incorporated into purchase and service contracts.

  In House Training: Development of an annual training program to increase awareness of OAD responsibilities of Departments and employees. Placement of the OAD into orientation packets for new employees.

5. Department Specific Plans for Ozone Action Days. On OADs, the following practices will be implemented:

  Reschedule nonessential operations using gasoline powered equipment, such as lawnmowers, edgers, blowers, power saws, tree trimmers, and generators.

  Reschedule nonessential construction, when possible.

  Operation of construction and heavy equipment will be restricted to essential use, when possible.

  Personnel shall be encouraged to limit travel on ozone action days.

  Reschedule controlled burning permits.

  Reschedule nonessential inspections on commercial establishments.

6. Public Education   Obtain and distribute flyers and information on air quality.

  Use the County Government Access Channel to show video and other information on air quality.

  Provide a speakers bureau on air quality for civic club meetings and other resources.

  Use the County Information line and County Web site to disseminate information.

  Participate in training programs and invite business and industry to participate. Madison County Air Quality Council Recommendations to the Madison County Board of Commissioners Regarding the Mountain Area Early Action Compact March 8, 2004 Madison County is part of a five county area that has been at risk to be designated by state and federal officials as not attaining the Federal Clean Air Standards for Ozone. In December of 2002, County Boards of Commissioners in all five of those counties voted to form the Mountain Area Early Action Compact ( EAC) as a vehicle to work jointly to improve air quality in the region.

The Compact is a contract among local governments, the NC Division of Air Quality and the US Environmental Protection Agency. Local governments have agreed to seek methods to accelerate compliance with air quality standards. In return, regulatory agencies agree to defer nonattainment status so long as certain dated milestones are met.

Non attainment of standards poses several risks to Madison County and to the region. Acute respiratory disorders are exacerbated by ozone. Cumulative exposure can negatively affect general public health. Transportation improvements throughout the region may be delayed by non attainment status. Restrictions on some types of industrial recruitment and expansion will be imposed. Businesses dependent on travel and tourism may experience a downturn. The commercial and residential real estate market may be depressed.

In order to protect the physical health and economic well being of county residents and the citizens of our region, the Madison County Board of Commissioners joined the Mountain Area Early Action Compact and appointed the Madison County Air Quality Council. The purpose of the Council is to advise the Board of Commissioners of emissions reduction strategies that will aid achievement of health and economic goals and comply with requirements of the Mountain Area Early Action Compact.

The Council offered a list of proposed emissions reduction strategies to the County Manager in June 2003. Those proposals were reviewed locally and a list of proposed strategies was forwarded to the US Environmental Protection Agency and the NC Division of Air Quality on June 16, 2003. During the fall of 2003, it was found that air quality in the region had improved to the point that member counties of the EAC were no longer at risk of the non attainment designation. This news mitigated the immediate need to continue participation in the EAC for economic stability and development; however, concerns for public health and long term economic development remain.

It should be noted that compliance with ozone standards is measured on a three year rolling average and that improved air quality in 2003 was in large part due to prevailing cool and wet summer weather. Such weather retards atmospheric chemical reactions that lead to formation of ground level ozone. Thus our attainment status is at best tenuous.

The Madison County Air Quality Council recommends that the Madison County Board of Commissioners continue to participate in the EAC voluntarily both as a means of improving air quality and to reflect good faith with our sister local, state and federal governments participating in the EAC. Since the area is presently attaining ozone air quality standards, the measures and actions proposed in this document are voluntary and will not become a part of any enforceable state or federal plan or proposal. By taking such action, Madison County will remain in a position to continue to use the Early Action Compact or similar legal devices to address nonattainment in the future.

Following is a restatement of the emissions reduction strategies submitted on June 30, 2003. A series of recommended action steps has been added to the document to guide implementation.

Recommended Emissions Reduction Strategies and Action Plan 1 Strategy The Madison County Board of Commissioners should initiate an ongoing public education campaign to inform residents specifically about non attainment of Federal Clean Air Act Ozone Standards and generally about the risks of air pollution. Educational programs should enable citizens to understand the negative effects of air pollution on public health and economic progress. Education should also equip the public with tools to make informed decisions regarding behaviors and choices that are consistent with improving air quality.

The county should explore opportunities to collaborate with state and local governments in educating the public. This will assure regional uniformity of message and may result in a better product at less expense than a singular effort.

The County should seek cooperation of local schools, businesses, news media and non profit organizations to deliver educational messages to the citizens of Madison County.

Action step Madison County should continue to participate in ongoing EAC wide plans for a joint educational effort to inform citizens of the problems associated with ozone and other air pollutants. Such education should target two goals: first to inform citizen discourse on matters of public policy related to air quality and second to equip citizens to make personal choices that will have a positive impact on air quality.

At a minimum, the county should develop and distribute printed informational materials through the Health Department, Building Permits office and other appropriate agencies. French Broad Electric Membership Corporation has agreed to make space available periodically in its monthly newsletter for air quality education. The Board of Commissioners should appoint an appropriate staff member to coordinate educational activities.

2 Strategy The Madison County Board of Commissioners should encourage carpooling by working to establish the infrastructure necessary to facilitate communication among potential car poolers. This should be done as a cooperative effort including nearby businesses and institutions, especially those that employ large workforces. Principles to guide the recommendation include:

A The purchase of property for parking is, in our judgment, not feasible given current budget restraints.

B A considerable amount of informal carpooling already exists among residents who work out of county. These individuals should be encouraged to participate in planning.

C County evaluation of transportation projects should include advocacy of public parking facilities similar to the existing facility at the Mars Hill exit on Interstate 26.

D The primary county responsibility should be to facilitate communication. The Council believes this can be accomplished substantially by use of existing resources. For example, the Mountain Area Information Network may be able to host a website to disseminate information on carpooling and facilitate user communication.

E As carpooling grows, a secondary county responsibility should be to negotiate the use of private parking properties for daytime commuters. Liability will be an important issue in those negotiations.

F As resources permit, the county should explore guaranteed ride home programs and emergency transportation for carpoolers. Action Step The Board of Commissioners should appoint and provide staff to a citizen task force to implement the strategies discussed above. The task force should have broad citizen representation and should target members that have familiarity with work place and employment issues.

3 Strategy Madison County should appoint an Ozone Action Day Coordinator by adding that duty to a current staff member's responsibility. The main duties would include:

A Informing citizens by web, recording or otherwise of Ozone Action Days. The state issues each day at 3PM during ozone season a forecast for the next day's ozone status. When ozone reaches elevated levels, an Ozone Action Day is declared to advise citizens of increased risk. There are about eight to ten Ozone Action Days annually.

B The OAD Coordinator should serve as a point of contact for citizens requesting information regarding ozone and other air pollution concerns.

C The OAD Coordinator should participate in state sponsored activities to learn about ozone and to coordinate local programs with statewide activities.

Action Step It is suggested that the Board of Commissioners appoint a staff member, possibly within the Emergency Services Department or Health Department, to implement the above strategies. This position would become a major component of ongoing education and would alert residents to episodes of poor air quality. The OAD would be primarily responsible for the second educational goal mentioned above, namely, to help citizens understand the personal choices they can make to reduce pollution and cope with health problems associated with occurrences of poor air quality.

4 Strategy Madison County should seek cooperation in emissions reduction and air pollution education from state and federal offices located in the county. Local business should also be encouraged to join.

Action Step Assign this task to OAD Coordinator. 5 Strategy Madison County should enact an ordinance banning open burning on Ozone Action Days. The Council realizes that burning bans can be controversial; however, this proposal would only apply for about eight to ten days each year. The days on which burning would be banned are those on which sensitive persons are most at risk. We believe that citizens will cooperate with a burning ban on days when it can have such a great effect on their neighbors.

Action Step Assign study of an ordinance to the task force proposed above or to an already existing planning body.

These recommendations are respectfully submitted to the Madison County Board of Commissioners on March 8, 2004.

Members of the Madison County Air Quality Council Anita Davie, former County Manager David Allen, Community and Economic Development Manager Gary Proffitt, Transportation Director, Madison County Board of Education John Graeter, Director, Hot Springs health Program Buck Wilson, Health Director, Madison County Health Department Tony Webb, NC Forest Service Phyllis Styles, Director of Corporate and Foundation Relations, Mars Hill College Charles Tolley, General Manager, French Broad Electric Membership Corporation Darhyl Boone, Town Manager, Mars Hill, NC Jim Brown, Manager, Madison County Solid Waste Services R. J. Plemmons, OA Gregory Oil Company Debbie Ponder, Mayor, Hot Springs, NC RESOLUTION NO. ________

RESOLUTION AUTHORIZING THE ADOPTION OF THE AIR QUALITY IMPROVEMENT INITIATIVE 2004 AS A TOOL TO IMPROVE AIR QUALITY IN THE CITY OF ASHEVILLE.

WHEREAS, the City of Asheville wishes to have good air quality; and WHEREAS, the City of Asheville wishes to educate the public on ways to improve air quality; and WHEREAS, the City of Asheville wishes to continue to be a desination for residents and visitors to enjoy the environment today and in years to come.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT:

City Council approves the Air Quality Improvement Initiative 2004.

Read, approved and adopted this 23th day of March 2004.

__________________________ ____________________________ City Clerk Mayor Approved as to form:

_______________________________________ City Attorney RESOLUTION #__ 04 03 09_________

RESOLUTION AUTHORIZING IMPLEMENTATION OF THE ASHEVILLEBUNCOMBE COUNCIL OF THE MOUNTAIN AREA EARLY ACTION COMPACT RECOMMENDATIONS   Whereas, the County of Buncombe realizes that air quality has a direct effect on the health and economic well being of citizens, and Whereas, the County of Buncombe entered into an agreement with six nearby local governments on December 17, 2002 to form the Mountain Area Early Action Compact to improve air quality, and Whereas, the Mountain Area Early Action Compact governments have entered into an agreement with the NC Division of Air Quality and the US Environmental Protection Agency to improve air quality and avoid non attainment of state and federal standards, and Whereas, the Compact agreement requires that participating local governments develop pollution reduction strategies and report those strategies to state and federal authorities by March 31, 2004, and Whereas, the Buncombe County Board of Commissioners and the City of Asheville Council have duly appointed the Asheville Buncombe Council of the Mountain Area Early Action Compact as a citizens group to advise the governing boards, and Whereas, the Board of Commissioners has received and reviewed the Council's recommendations.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Buncombe as follows:

1 That this Board does hereby endorse and approve of the recommendations offered by the Asheville Buncombe Council of the Mountain Area Early Action Compact.

2 That this Board directs the County Manager to implement the recommendations applicable to the County as soon as possible.

3 That this resolution be effective upon its adoption.

ADOPTED this the 16th day of March, 2004 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF BUNCOMBE Kathy Hughes Nathan Ramsey _______________________________ ______________________________________ KATHY HUGHES, CLERK NATHAN RAMSEY, CHAIRMAN APPROVED AS TO FORM Joe Connolly ____________________________________ JOE CONNOLLY, COUNTY ATTORNEY RESOLUTION WHEREAS, the Haywood County Board of Commissioners approved on December 16, 2002 being a member government of the Early Action Compact comprised of Buncombe, Henderson, Madison, Transylvania, and Haywood Counties; and WHEREAS, the Early Action Compact was established to enable the five counties to work together to improve air quality and possibly delay any determination that these counties are in non attainment of EPA Ozone Air Quality guidelines; and WHEREAS, Haywood County stakeholders developed a list of advisory local control measures for citizens, businesses and governmental units; and WHEREAS, the Mountain Area Compact region has been determined by EPA to be in attainment for air quality at this time; and WHEREAS, participation in the Early Action Compact is voluntary since the area is in attainment for ozone; and WHEREAS, areas above 4,000 feet and the Great Smoky Mountains Park are considered in non attainment due to transient air flow.

NOW, THEREFORE, BE IT RESOLVED by the Haywood County Board of Commissioners that Haywood County will voluntarily continue to participate in the Early Action Compact to improve air quality and to reflect good faith with our sister local, state, and federal governments participating in the Early Action Compact.

BE IT FURTHER RESOLVED by the Haywood County Board of Commissioners that the County Manager is hereby directed to carry out the strategies in the attached document.

THIS THE 15TH DAY OF MARCH, 2004.

/ s/ Bill D. Noland Bill D. Noland, Chairman Haywood County Board of Commissioners Attest:

/ s/ C. Jack Horton C. Jack Horton, Clerk to the Board STATE OF NORTH CAROLINA Resolution COUNTY OF MADISON WHEREAS, the County of Madison has been a participant in the Mountain Early Action Compact consisting of Buncombe, Haywood, Henderson and Transylvania Counties; and WHEREAS, Henderson County has chosen to withdraw from the Compact; and WHEREAS, Madison County wishes to continue to participate in such a regional concept; and WHEREAS, the local air quality council appointed by this Board has recommended that:

1. The County continue to participate in joint educational efforts to inform citizens of the problems associated with ozone and other air pollutants;

2. The County encourage car pooling;

3. That an ozone action day coordinator be appointed by adding that title and responsibility to someone already on the Board as a County employee; and 4. The County enact an ordinance banning open burning on ozone action days.

WHEREAS, the County Commissioners believe wholeheartedly in concepts 1, 2, and 3, but believe that concept 4 needs further evaluation;

WHEREFORE, the Madison County Board of Commissioners does hereby resolve:

1 To continue to participate in the Mountain Early Action Compact with the counties of Buncombe, Haywood and Transylvania.

2. That the County continue to participate in joint educational efforts to inform citizens of the problems associated with ozone and other air pollutants;

3. That the County encourage carpooling 4. That an ozone action day coordinator be appointed by adding that title and responsibility to someone already on the Board as an employee. This the 8th day of March, 2004 MADISON COUNTY By: __________________ Vernon Ponder ATTEST:

Larry Leake, Clerk APPENDIX A STAFF REPORT TO: Mayor and City Council DATE: March 16, 2004 ( worksession) March 23, 2004 ( formal)

VIA: Jim Westbrook, City Manager FROM: Cathy Ball, P. E., City Engineer SUBJECT: Air Quality Improvement Initiative 2004 SUMMARY STATEMENT: The purpose of this report is to request City Council's approval on the Air Quality Improvement Initiative 2004 for the City of Asheville originally developed as the Early Action Compact.

REVIEW: In December 2002, City Council adopted a resolution to enter into an Early Action Compact ( EAC) along with Buncombe County and other local governments. The first step in the process was to develop a list of measures that can be taken by each of the local governments to reduce air pollution. In an effort to develop this list, EPA recommended that a group of stakeholders be created to make recommendations to local governments. City Council reviewed and approved the list of stakeholders in March 2003.

Due to the differences in size and economic base, it was agreed that each county would identify local control measures individually. This process allows greater stakeholder participation and allows each jurisdiction to evaluate local resources and determine if county specific control measures can reasonably be implemented.

This group of stakeholders representing the City of Asheville and Buncombe County developed the attached list. This list was presented to City Council in June 2003. Since that time, no major changes in the measures has been made by the stakeholders.

Since the June 2003 update to City Council, the City has received information that indicates that our area will not be considered for non attainment status in the next review largely due to the wet summer and fall we experienced in 2003 as well as some major changes that Progress Energy is making in their process at the Lake Julian site.

The stakeholders met to discuss this issue and recommend that the City approve this plan as an effort to improve air quality regardless of the threat of becoming non attainment. The stakeholders indicated that they would like to see a more aggressive approach to improving air quality particularly in the area of educating the public of measures they can take to reduce pollutants.

Buncombe County along with the City of Asheville held a public meeting on January 8, 2004 to solicite input on the plan. The comments were good but many participants requested that the measures in the plan be mandatory as opposed to optional.

CHALLENGES AND BENEFITS The Southern Environmental Law Center has indicated, as described in the attached letter, they will file suit against EPA if they allow communities to use the Early Action Compact as a method of avoiding nonattainment status. EPA has indicated they will not challenge this suit. This means that adopting an Early Action Compact may not allow communities to avoid the non attainment designation. This area is not affected by this challenge because we would not be considered for non attainment status for the reasons described above. For that reason many of the counties in the surrounding area have chosen not to adopt an air quality improvement plan. Rather than passing this plan as an " Early Action Compact" Plan, staff recommends that we refer to it as an " Air Quality Improvement Initiative 2004" to avoid any possibility of being involved in the possible law suit mentioned above.

Most of the measures in the imitative do not cost money, they simply state that we will try to take measures that have been proven to reduce pollutants. The only initiative that cost money is developing and implementing an educational/ public relations plan. The Engineering Department has requested $ 15,000 in the FY 2004 05 Budget to cover these expenses.

RECOMMENDATION: Staff recommends that City Council adopt the attached Plan under the title of Air Quality Improvement Initiative 2004 to improve air quality in the City.

Attachments: ( 1) Resolution ( 2) Air Quality Improvement Initiative 2004 ( 3) Letter to EPA from the Southern Environmental Law Center APPENDIX B Signed copies of resolutions are available on request, in some cases official copies are not published until minutes are approved at a subsequent meeting. Resolutions are in effect as of the dates in March, 2004 indicated.

Appendix C Portions of this document were produced by the NC Division of Air Quality. Those comments are attached separately. File compatibility problems precluded linking into a master document.


Interregional Research Project Number 4 (IR-4)

Petition #4E8295

	EPA has received a pesticide petition (4E8295) from Interregional
Research Project Number 4 (IR-4) 500 College Road East, Suite 201 W,
Princeton, NJ  08540,  requesting, pursuant to section 408(d) of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to
amend 40 CFR part 180 by establishing a tolerance for residues of
Esfenvalerate, ((S)-cyano-(3-phenoxyphenyl)methyl
(S)-4-chloro-alpha-(1-methylethyl) benzeneacetate in or on the Oilseed
Crop Group 20 at 0.5 ppm, and the concurrent deletion of existing
tolerances for cotton, undelinted seed and sunflower seed. EPA has
determined that the petition contains data or information regarding the
elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data supports granting of the petition. Additional data may
be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. The metabolism and chemical nature of residues of
fenvalerate in plants and animals is adequately understood.  The fate of
fenvalerate has been extensively studied using radioactive tracers in
plant and animal metabolism/nature of the residue studies previously
submitted to the Agency.  These studies have demonstrated that the
parent compound is the only residue of toxicological significance. EPA
has concluded that the qualitative nature of the residue is the same for
both fenvalerate and esfenvalerate.

2. Analytical method. There is a practical analytical method utilizing
electron-capture gas chromatography with nitrogen phosphorous detection
available for enforcement with a limit of detection that allows
monitoring food with residues at or above tolerance levels.  The limit
of detection for updated method is the same as that of the current
Pesticide Analytical Manual (PAM) II, which is 0.01 ppm.

3. Magnitude of residues. Fenvalerate is a racemic mixture of four
isomers (S,S; R,S; S,R; and R,R).  Technical Asana® (esfenvalerate) is
enriched in the insecticidally active S,S-isomer (84%).  Tolerance
expressions are proposed for esfenvalerate based on the sum of all
isomers. The following tolerances are proposed: Oilseed Crop Group 20,
at 0.5 ppm.

Field trials were conducted on the representative commodities for the
Oilseed Group, canola (PP9E5057); sunflower, seed (tolerance previously
established at 0.5 ppm for esfenvalerate); and cotton, undelinted seed
(tolerance previously established at 0.2 ppm for esfenvalerate).

PR#05150 was submitted by IR-4 on February 25, 1999. This submission was
the original Notice of Filing for canola seed and contained the study
“Esfenvalerate: Magnitude of the residue on canola seed and on
processed commodities derived from canola seed” (MRID 44778801). This
report contained crop field trials from three locations; Bowen Mills, GA
(Region 2), Langdon, ND (Region 5), and Moxee/Yakima, WA (Region 11).
Two treatment levels, 1X (0.1 lb ai/A/season) and 2X (0.2 lb
ai/A/season) were used with preharvest intervals (PHI) of 21 to 29 days.
An exaggerated application rate of 5X (0.5 lb ai/A/season) was used for
the processing study. The canola was treated by foliar spray at the
bloom and seed filling stages. The maximum residues in canola treated at
0.1 lb ai/A were 0.289 ppm (WA site).  The maximum residues in canola
treated with 0.2 lb ai/A were 0.561 ppm (ND site).  Concurrent recovery
studies from fortified controls validated the method with recoveries
ranging from 70% to 112%.  The fortification levels ranged from 0.0516
to 1.0 ppm. The LOQ was 0.05 ppm.

Magnitude of residue data on canola have been collected in the new study
(IR-4 PR No. A5150) from three field trials located in NAFTA Regions 5 &
7. At each trial, two foliar broadcast applications of the test
substance 13-14 days apart were made to the treated plots. The
application rates ranged from 0.050 to 0.052 lb ai/A per application for
a total rate range of 0.102 to 0.103 lb ai/A per season. All
applications were made using appropriate spray equipment, and the spray
volume was sufficient to provide adequate dispersal of the test
substance.

Sampling started in the untreated control plot and ended in the treated
plot. At all the field trials, samples were harvested 22-24 days after
the last application. There were no residues of esfenvalerate above the
lowest level of method validation (LLMV) of 0.05 ppm in samples taken at
22-24 days PHI. The nature of the residues of esfenvalerate is
adequately understood, and an acceptable analytical method is available
for enforcement purposes. Results from these trials support the proposed
tolerance.

B. Toxicological Profile

1. Acute toxicity.  A battery of acute toxicity studies places technical
esfenvalerate in Toxicity Category II for acute oral toxicity (rat LD50
87.2 mg/kg), Category III for acute dermal (rabbit LD50 >2000 mg/kg) and
primary eye irritation (mild irritation in rabbits), and Category IV for
primary skin irritation (minimal skin irritation in rabbits that
reversed within 72 hours after treatment). The acute inhalation LC50 in
male and female rats was between 1270 and 2070 mg/m3. A dermal
sensitization test on esfenvalerate in guinea pigs showed no
sensitization.

2. Genotoxicty. Esfenvalerate was not mutagenic in reverse mutation
assays in S. typhimurium and E. Coli and did not induce mutations in
Chinese hamster V79 cells or chromosome aberrations in Chinese hamster
ovary cells.  Esfenvalerate did not induce micronuclei in bone marrow of
mice given up to 150 mg/kg intraperitoneally.  Esfenvalerate did not
induce unscheduled DNA synthesis in HeLa cells.  Other genetic
toxicology studies submitted on racemic fenvalerate indicate that the
mixture containing equal parts of the four stereoisomers is not
mutagenic in bacteria. The racemic mixture was also negative in a mouse
host mediated assay and in a mouse dominant lethal assay.

3. Reproductive and developmental toxicity. Esfenvalerate was
administered to pregnant female rats by gavage in a pilot developmental
study at doses of  0, 1, 2, 3, 4, 5, and 20 mg/kg/day and a main study
at 0, 2.5, 5, 10, and 20 mg/kg/day.  Maternal clinical signs (abnormal
gait and mobility) were observed at 2.5 mg/kg/day and above.  A
maternal NOEL of 2 mg/kg/day was established on the pilot study.   The
developmental NOEL was >20 mg/kg/day. A DNT study is no longer required
by EPA as DuPont is among the companies participating in and citing 6
pyrethroid DNT studies that demonstrated offspring were not more
sensitive as compared to adults for the endpoints evaluated.

Esfenvalerate was administered by gavage to pregnant female rabbits in a
pilot developmental study at doses of 0, 2, 3, 4, 4.5, 5, and 20
mg/kg/day and a main study at doses of 0, 3, 10, and 20 mg/kg/day.
Maternal clinical signs (excessive grooming) were observed at 3
mg/kg/day and above.  A maternal NOEL of 2 mg/kg/day was established on
the pilot study.  The developmental NOEL was > 20 mg/kg/day.

A two-generation feeding study with esfenvalerate was conducted in the
rat at dietary levels of 0, 75, 100, and 300 ppm.  Skin lesions and
minimal (non biologically significant) parental body weight effects
occurred at 75 ppm.  The NOEL for reproductive toxicity was 75 ppm
(4.2-7.5 mg/kg/day) based on decreased pup weights at 100 ppm.

4. Subchronic toxicity. Two 90-day feeding studies with esfenvalerate
were conducted in rats - one at 50, 150, 300, and 500 ppm esfenvalerate,
and a second at 0, 75, 100, 125, and 300 ppm to provide additional dose
levels.  The NOEL was 125 ppm (6.3 mg/kg/day) based on clinical signs
(jerky leg movements) observed at 150 ppm (7.5 mg/kg/day) and above.

A 28-day inhalation study was conducted at exposure concentrations of 0,
6, 16, and 63 mg/m3 in male and female rats. The NOAEL was considered to
be 16 mg/m3 in males and females based on decreased body weight gain,
organ weight changes, and clinical signs of toxicity observed at 63
mg/m3.

A 90-day feeding study in mice was conducted at 0, 50, 150, and 500 ppm
esfenvalerate with a NOEL of 150 ppm (30.5 mg/kg) based on  clinical
signs of toxicity at 500 ppm (106 mg/kg).

Three-month subchronic study in dogs was satisfied by one-year oral
study in dogs, in which the NOEL was 200 ppm (5 mg/kg/day).

A 21-day dermal study in rabbits with fenvalerate conducted at 100, 300,
and 1000 mg/kg/day with an NOAEL of 1000 mg/kg/day.

5. Chronic toxicity. A 1-year study was conducted in which dogs were fed
0, 25, 50 or 200 ppm esfenvalerate with no treatment related effects at
any dietary level.  The NOEL was 200 ppm (5 mg/kg/day).  An effect level
for dietary administration of esfenvalerate for dogs of 300 ppm had been
established earlier in a three week pilot study used to select dose
levels for the chronic dog study.

One chronic study with esfenvalerate and three chronic studies with
fenvalerate have been conducted in mice.

In an 18-month study, mice were fed 0, 35, 150, or 350 ppm
esfenvalerate.  Mice fed 350 ppm were sacrificed within the first two
months of the study after excessive self-trauma related to skin
stimulation and data collected were not used in the evaluation of the
oncogenic potential of esfenvalerate.  The NOEL was 35 ppm (4.29 and
5.75 mg/kg/day for males and females, respectively) based on lower body
weight and body weight gain at 150 ppm.  Esfenvalerate did not produce
carcinogenicity.

In a 2-year feeding study, mice were administered 0, 10, 50, 250 or 1250
ppm fenvalerate in the diet. The NOEL was 10 ppm (1.5 mg/kg/day) based
on granulomatous changes (related to fenvalerate only, not
esfenvalerate) at 50 ppm (7.5 mg/kg/day).  Fenvalerate did not produce
carcinogenicity.

In an 18-month feeding study, mice were fed 0, 100, 300, 1000, or 3000
ppm fenvalerate in the diet. The NOEL is 100 ppm (15.0 mg/kg/day) based
on fenvalerate-related microgranulomatous changes at 300 ppm (45
mg/kg/day).  No compound related oncogenicity occurred.

Mice were fed 0, 10, 30, 100, or 300 ppm fenvalerate for 20 months.  The
NOEL was 30 ppm (3.5 mg/kg/day) based on red blood cell effects and
granulomatous changes at 100 ppm (15 mg/kg/day).  Fenvalerate was not
carcinogenic at any concentration.

In a two-year study, rats were fed 1, 5, 25, or 250 ppm fenvalerate.  A
1000 ppm group was added in a supplemental study to establish an effect
level.  The NOEL was 250 ppm (12.5 mg/kg/day).  At  1000 ppm (50
mg/kg/day), hind limb weakness, lower body weight, and higher
organ-to-body weight ratios were observed.  Fenvalerate was not
carcinogenic at any concentration.

EPA has classified esfenvalerate in Group E - evidence of
noncarcinogenicity for humans.

6. Animal metabolism. After oral dosing with fenvalerate, the majority
of the administered radioactivity was eliminated in the initial 24
hours.  The metabolic pathway involved cleavage of the ester linkage
followed by hydroxylation, oxidation, and conjugation of the acid and
alcohol moieties.

7. Metabolite toxicology. The parent molecule is the only moiety of
toxicological significance appropriate for regulation in plant and
animal commodities.

8. Endocrine disruption. Estrogenic effects have not been observed in
any studies conducted on fenvalerate or esfenvalerate, which include the
amphibian metamorphosis assay, fish short-term reproduction assay, in
vitro estrogen receptor transcriptional activation assay, aromatase
assay, Hershberger assay, steroidogenesis assay, male and female
pubertal assays, ER and AR binding assays, and the Uterotrophic assay.
In addition, in subchronic or chronic studies there were no lesions in
reproductive systems of males or females.  In the recent reproduction
study with esfenvalerate, full histopathological examination of the
pituitary and the reproductive systems of males and females was
conducted.  There were no compound-related gross or histopathological
effects.  There were also no compound-related changes in any measures of
reproductive performance including mating, fertility, or gestation
indices or gestation length in either generation.  There have been no
effects on offspring in developmental toxicity studies.

In addition, no test substance-related effects were noted on endocrine
related tissues in the following studies: 90-day rat and mouse studies,
1-year dog study, chronic rat and mouse studies, multigeneration
reproduction studies and developmental toxicity studies, avian
reproduction study, fish full life cycle study, fish sex reversal study,
fish mesocosm study,  and the larval leopard frog study.

Results from the above listed studies demonstrate that esfenvalerate
(and its racemic isomer mixture fenvalerate), provide no clear evidence
of endocrine disruption. Furthermore, the toxicity observed in in vivo
tests is consistent with the known mode of action of esfenvalerate and
fenvalerate. Animals exposed to esfenvalerate continually over 2
generations reproduced and developed normally without any evidence of
adverse effects on endocrine tissues.  Sporadic data from in vitro and
in vivo studies in the open literature have produced positive results in
some study types; however, the methods used preclude the usefulness of
the data for human risk assessment.

C. Aggregate Exposure

1. Dietary exposure. The acute RfD and chronic RfD are the same value of
0.018 mg/kg bw/day based on a NOAEL of 1.75 mg/kg bw/day from the acute
neurotoxicity screen and an uncertainty factor of 100.

i. Food. Acute and chronic dietary exposure resulting from the currently
approved uses and proposed uses of esfenvalerate are within acceptable
limits (<100% RfD) for all sectors of the population.  The Dietary
Exposure Evaluation Model with Food Commodity Intake Database
(DEEM-FCIDTM, version 3.16) was used to conduct the assessments and
incorporates nationwide food consumption data as reported by respondents
in the 2-day food consumption survey (2003-2008) of the National Health
and Nutrition Examination Survey (NHANES).  The acute exposure analysis
used probabilistic assessment using conservative field trial residue
data and monitoring residue data from the USDA Pesticide Data Program,
tolerance values, processing factors, and percent crop treated values;
the chronic exposure analysis used overall mean residue values,
processing factors, and percent crop treated values.

ii. Drinking water. The impact of esfenvalerate in drinking water on
acute and chronic dietary exposure was assessed. The highest modeled
esfenvalerate water residue values (peak value for acute assessment;
annual average value for chronic assessment) from FIRST Tier 1 surface
water and SCI GROW Tier 1 groundwater models under worst-case conditions
was determined to be in surface water; when these conservative values
for drinking water were included with the food residues in the acute and
chronic exposure assessments, the resultant exposures were within
required limits(< 100% aRfD and < 100% cRfD).

2. Non-dietary exposure. Esfenvalerate is registered for non-crop uses.
Non-occupational, non-dietary exposure for esfenvalerate must be
considered.

D. Cumulative Effect

FQPA requires EPA to consider "available information" concerning the
cumulative effects of a particular pesticide's residues and "other
substances that have a common mechanism of toxicity" when considering
whether to establish, modify, or revoke a tolerance. Esfenvalerate is a
member of the pyrethrins/pyrethroid class of pesticides. A cumulative
risk assessment (CRA) for the pyrethrins/pyrethroid class of pesticides,
which includes esfenvalerate, was released October 4, 2011. The results
of the pyrethrins/pyrethroid cumulative assessment, as well as the
single chemical esfenvalerate assessment, will be considered when
decisions regarding establishing, modifying, or revoking esfenvalerate
tolerances are made.

E. Safety Determination:

1. U.S. population. Based on the completeness and reliability of the
toxicity data and the conservative exposure assessments, there is a
reasonable certainty that no harm will result from the aggregate
exposure of residues of esfenvalerate including all anticipated dietary
exposure and all other non-occupational exposures.

2. Infants and children. Based on the completeness and reliability of
the toxicity data, the lack of toxicological endpoints of special
concern, the lack of any indication that children are more sensitive
than adults to esfenvalerate, and the conservative exposure assessment,
there is a reasonable certainty that no harm will result to infants and
children from the aggregate exposure of residues of esfenvalerate,
including all anticipated dietary exposure and all other
non-occupational exposures. Accordingly, there is no need to apply an
additional safety factor for infants and children.

F. International Tolerances

Codex maximum residue levels (MRL’s) have been established for
residues of fenvalerate on a number of crops that also have U.S.
tolerances. There are some minimal differences between the section 408
tolerances and certain Codex MRL values for other commodities. These
differences could be caused by differences in methods to establish
tolerances, calculate animal feed, dietary exposure, and as a result of
different agricultural practices.  Therefore, some harmonization of
these maximum residue levels will be required.

Codex has the following for fenvalerate:

Cotton Seed – 0.2 mg/kg

Cotton Seed oil, crude – 0.1 mg/kg

Cotton Seed oil, edible 0.1 mg/kg

Sunflower seed – 0.1 mg/kg

For esfenvalerate:

Rape seed – 0.01 mg/kg

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