48542 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

Federal Register Notices pertaining to 

the perchlorate regulatory determination 

and all peer review comments before 

issuing a final regulatory determination 

for perchlorate. EPA intends to issue a 

regulatory determination as 

expeditiously as possible following 

consideration of the comments and 

information received by the Agency. 

Dated: September 17, 2009. 

Michael H. Shapiro, 

Acting Assistant Administrator, Office of 

Water. 

[FR Doc. E9–22927 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0218; FRL–8421–5] 

Estimating the Drinking Water 

Component of a Dietary Exposure 

Assessment; Science Policy, Notice of 

Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA hereby withdraws the 

pesticide science policy document 

entitled ‘‘Estimating the Drinking Water 

Component of a Dietary Exposure 

Assessment,’’ that was issued in 

November 1999. This science policy 

was developed during the 

implementation of the new safety 

standard in section 408 of the Federal 

Food, Drug, and Cosmetic Act, as 

amended by the Food Quality Protection 

Act of 1996. EPA’s assessment of 

exposure to residues in drinking water 

no longer involves performing screening 

level assessments as described in this 

policy paper. Instead, the Agency now 

routinely develops estimates of 

exposure to pesticides in drinking after 

using the more advanced methods that 

EPA has described in other science 

policy papers. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Behl, Environmental Fate and 

Effects Division, Office of Pesticide 

Programs (7507P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: 703–305–6128; 

fax number: 703–305–6309; e-mail 

address: behl.betsy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. This action, however, may be 

of interest to persons who produce or 

formulate pesticides or who register 

pesticide products. Since other entities 

may also be interested, the Agency has 

not attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2009–0218. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. Background 

The Food Quality Protection Act of 

1996 (FQPA) significantly amended the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). Among other changes, FQPA 

established a stringent health-based 

standard (‘‘a reasonable certainty of no 

harm’’) for pesticide residues in foods to 

assure protection from unacceptable 

pesticide exposure and strengthened 

health protections for infants and 

children from pesticide risks. 

During 1998 and 1999, EPA and the 

United States Department of Agriculture 

(USDA) established a subcommittee of 

the National Advisory Council for 

Environmental Policy and Technology 

(NACEPT), the Tolerance Reassessment 

Advisory Committee (TRAC), to address 

FFDCA issues and implementation. 

TRAC was comprised of more than 50 

representatives of affected user, 

producer, consumer, public health, 

environmental, states, and other 

interested groups. The TRAC met from 

May 27, 1998, through April 29, 1999. 

In order to continue the constructive 

discussions about FFDCA, EPA and 

USDA established, under the auspices 

of NACEPT, the Committee to Advise on 

Reassessment and Transition (CARAT). 

The CARAT provided a forum for a 

broad spectrum of stakeholders to 

consult with and advise the Agency and 

the Secretary of Agriculture on pest and 

pesticide management transition issues 

related to the tolerance reassessment 

process. The CARAT was intended to 

further the valuable work initiated by 

earlier advisory committees toward the 

use of sound science and greater 

transparency in regulatory decisionmaking, increase stakeholder 

participation, and advise on reasonable 

transition strategies that reduce risks 

without jeopardizing American 

agriculture and farm communities. 

As a result of the 1998 and 1999 

TRAC process, EPA decided that the 

implementation process and related 

policies would benefit from providing 

notice and comment on major science 

policy issues. The TRAC identified nine 

science policy areas it believed were key 

to implementation of tolerance 

reassessment. EPA agreed to provide 

one or more documents for comment on 

each of the nine issues by announcing 

their availability in the Federal 

Register. In a notice published in the 

Federal Register of October 29, 1998 (63 

FR 58038) (FRL–6041–5), EPA described 

its intended approach. Since then, EPA 

has issued a series of draft and revised 

documents concerning the nine science 

policy issues. Publication of this notice 

is intended to update the public on the 

status of the science paper ‘‘Estimating 

the Drinking Water Component of a 

Dietary Exposure Assessment.’’ 

III. Summary: Why this Policy is No 

Longer Needed 

As a result of the new procedures for 

estimating concentrations of pesticide 

residues in drinking water, this notice 

announces the withdrawal of 

‘‘Estimating the Drinking Water 

Component of a Dietary Exposure 

Assessment,’’ http://www.epa.gov/ 

fedrgstr/EPA-PEST/1999/November/ 

Day-10/6044.pdf. 

In assessing the risks of pesticide 

exposure, scientists frequently use 

mathematical models to predict 

pesticide concentrations in food, water, 

residential, and occupational 

environments. This notice pertains to 

how the Agency determines pesticide 

risk from drinking water. (For more 

information on the models the Agency 

uses to estimate concentrations of 

pesticides in drinking water see http:// 

www.epa.gov/oppefed1/models/water/ 

models4.htm). The current approach 

provides a more realistic estimate of 

exposure through drinking water since 

actual drinking water consumption data 

and reported body weight from the 

Combined Survey of Food Intake by 

Individuals (CSFII) are used, rather than 

the standard assumptions used in the 

approach discussed in ‘‘Estimating the 

Drinking Water Component of a Dietary 

Exposure Assessment.’’ 

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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48543 

This action is also responsive to the 

recommendations made by EPA’s Office 

of Inspector General during its review of 

EPA’s implementation of FQPA. In its 

report ‘‘Opportunities to Improve Data 

Quality and Children’s Health through 

the FQPA’’ issued January 10, 2006, 

http://www.epa.gov/oig/reports/2006/ 

20060110–2006–P–00009.pdf, the Office 

of Inspector General recommended that 

EPA update the status of its Science 

Policy issue papers. This Federal 

Register notice updates the public on 

the status of one of the Science Policy 

papers which has been superseded by 

other guidance. 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests. 

Dated: September 16, 2009. 

Stephen A. Owens, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

[FR Doc. E9–22809 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2007–1145; FRL–8959–6] 

Final Risk and Exposure Assessment 

Report for Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of 

Sulfur 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of final 

report. 

SUMMARY: On or about September 15, 

2009, the Office of Air Quality Planning 

and Standards (OAQPS) of EPA is 

making available a final report, Risk and 

Exposure Assessment for Review of the 

Secondary National Ambient Air 

Quality Standards for Oxides of 

Nitrogen and Oxides of Sulfur: Final 

Report. The purpose of this document is 

to convey the approach taken to assess 

environmental exposures to ambient 

oxides of nitrogen and sulfur and to 

characterize associated public welfare 

risks, as well as to present the results of 

those assessments. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Anne Rea, Office of Air Quality 

Planning and Standards (Mail code 

C539–02), U.S. Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; e-mail: 

rea.anne@epa.gov; telephone: 919–541– 

0053; fax: 919–541–0840. 

General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2007–1145. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center (EPA/ 

DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Office of Air and 

Radiation Docket is (202) 566–1742. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

Under section 108(a) of the Clean Air 

Act (CAA), the Administrator identifies 

and lists certain pollutants which 

‘‘cause or contribute to air pollution 

which may reasonably be anticipated to 

endanger public health or welfare.’’ The 

EPA then issues air quality criteria for 

listed pollutants, which are commonly 

referred to as ‘‘criteria pollutants.’’ The 

air quality criteria are to ‘‘accurately 

reflect the latest scientific knowledge 

useful in indicating the kind and extent 

of all identifiable effects on public 

health or welfare which may be 

expected from the presence of [a] 

pollutant in the ambient air, in varying 

quantities.’’ Under section 109 of the 

CAA, EPA establishes National Ambient 

Air Quality Standards (NAAQS) for 

each listed pollutant, with the NAAQS 

based on the air quality criteria. Section 

109(d) of the CAA requires periodic 

review and, if appropriate, revision of 

existing air quality criteria. The revised 

air quality criteria reflect advances in 

scientific knowledge on the effects of 

the pollutant on public health or 

welfare. The EPA is also required to 

periodically review and revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

The EPA is currently conducting a 

joint review of the existing secondary 

(welfare-based) NAAQS for oxides of 

nitrogen (NOX) and oxides of sulfur 

(SOX). Because NOX, SOX, and their 

associated transformation products are 

linked from an atmospheric chemistry 

perspective as well as from an 

environmental effects perspective, and 

because of the National Research 

Council’s (NRC’s) 2004 

recommendations to consider multiple 

pollutants in forming the scientific basis 

for the NAAQS, EPA has decided to 

jointly assess the science, risks, and 

policies relevant to protecting the public 

welfare associated with oxides of 

nitrogen and oxides of sulfur. This is the 

first time since NAAQS were 

established in 1971 that a joint review 

of these two pollutants has been 

conducted. Since both the Clean Air 

Scientific Advisory Committee (CASAC) 

and EPA have recognized these 

interactions historically, and the science 

related to these interactions has 

continued to evolve and grow to the 

present day, there is a strong basis for 

considering them together. 

As part of its review of the secondary 

NAAQS for NOX and SOX, EPA is 

preparing an assessment of exposures 

and characterization of risks for adverse 

ecological effects associated with 

atmospheric NOX and SOX deposition. 

A draft plan describing the proposed 

approaches to assessing ecological 

exposures and effects is described in the 

draft document, Draft Scope and 

Methods Plan for Risk/Exposure 

Assessment: Secondary NAAQS Review 

for Oxides of Nitrogen and Oxides of 

Sulfur. This document was released for 

public review and comment in March 

2008 and was the subject of a 

consultation with the CASAC on April 

2 and 3, 2008. Comments received from 

that consultation were considered in 

developing the document titled, Risk 

and Exposure Assessment to Support 

the Review of the Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of 

Sulfur: First Draft, which was released 

for public review and comment in 

August 2008. This document was the 

subject of a CASAC review on October 

1–2, 2008. Comments received from that 

review were considered in developing 

the document titled, Risk and Exposure 

Assessment to Support the Review of the 

Secondary National Ambient Air 

Quality Standards for Oxides of 

Nitrogen and Oxides of Sulfur: Second 

Draft, which was released for public 

review and comment in June 2009 and 

was the subject of a CASAC review on 

July 22–23, 2009. In preparing the final 

risk and exposure assessment report, 

EPA considered comments received 

from CASAC and the public at and 

subsequent to that meeting. 

The Risk and Exposure Assessment 

for Review of the Secondary National 

Ambient Air Quality Standards for 

Oxides of Nitrogen and Oxides of 

Sulfur: Final Report being released at 

this time conveys the approach taken to 

assess ecological effects due to the 

deposition of ambient NOX and SOX,

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