14910 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

specified in paragraph (a)(4) of this

section.

[FR Doc. 95–6003 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 799

[OPPTS–42180; FRL 4935–4]

RIN 2070–AB07

Testing Consent Order for Tertiary Amyl

Methyl Ether

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Consent Agreement and

Order.

SUMMARY: EPA has issued a Testing

Consent Order that incorporates an

Enforceable Consent Agreement (ECA)

pursuant to the Toxic Substances

Control Act (TSCA) with members of

the TAME Producers Group comprised

of the following companies: Amerada

Hess Corporation, Chevron U.S.A.

Products Company, Citgo Petroleum,

Exxon Company U.S.A., and Texaco

Refining and Marketing (the

Consortium) who have agreed to

perform certain health effects tests with

tertiary-amyl methyl ether (CAS No.

994–05–8) (TAME). This document

summarizes the ECA and adds TAME to

the list of chemical substances and

mixtures subject to ECAs. Accordingly,

export notification requirements apply

to TAME.

EFFECTIVE DATE: March 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Rm. E–543B, 401 M St.,

SW., Washington, DC 20460, (202) 554–

1404, TDD (202) 554–0551. Technical

contact: Gary Timm (202) 260–7335.

SUPPLEMENTARY INFORMATION: This

document amends 40 CFR 799.5000 by

adding TAME to the list of chemical

substances and mixtures subject to

ECAs and export notification

requirements.

I. Background

The Clean Air Act (42 U.S.C. 7401–

7671q) provides that beginning on

November 1, 1992, gasoline containing

at least 2.7 percent oxygen by weight is

required to be used in the wintertime in

39 areas of the county which failed to

comply with the carbon monoxide (CO)

National Ambient Air Quality Standard.

Carbon monoxide pollution is caused by

incomplete burning of fuels used in

internal combustion engines and is

generally more severe during cold

winter temperatures. Tests have shown

that the use of oxygenates in gasoline

can reduce CO emissions by 15 to 20

percent (Emission Reduction and Cost

Effectiveness of Oxygenated Gasolines.

Environmental Protection Agency. June,

3 1991). Methyl tertiary-butyl ether

(MTBE) and ethanol are the primary

oxygenates used in the oxygenated

gasoline program.

MTBE was recommended for health

effects testing by the Interagency Testing

Committee in its 19th report because of

its rapidly growing use as a fuel

additive. EPA negotiated an ECA with

the Oxygenated Fuel Producers for

comprehensive health effects testing in

1988 (53 FR 10391, March 31, 1988).

Despite this extensive testing program

and experience using MTBE as a

gasoline additive, acute health concerns

were raised in Alaska and Missoula, MT

after MTBE’s introduction to these areas

in November, 1992. Additional research

was conducted by EPA, the American

Petroleum Institute (API), and the

Oxygenated Fuels Association to

address the concerns raised by the

citizens of Alaska and assist policy

decision making for the next oxyfuel

season. These studies, including human

exposures, failed to confirm MTBE as

the source of the human health

complaints.

A meeting between the Federal

Government, State of Alaska, and

industry to plan additional research on

the oxyfuels was held in December,

1993. This group also recommended

that baseline toxicity testing information

be developed for both ethyl tertiarybutyl ether (ETBE) and TAME, widely

seen as possible substitutes for MTBE,

to compare their toxic potential with

that of MTBE. The research planning

workshop recommended the following

tests for ETBE and TAME:1st tier

genotoxicity, 90–day inhalation

subchronic, neurotoxicity

developmental toxicity, reproductive

effects pharmacokinetics.

On March 1, 1994, EPA’s Office of

Mobile Sources requested that the Office

of Pollution Prevention and Toxics

develop these data under section 4 of

the Toxic Substances Control Act

(TSCA).

II. Enforceable Consent Agreement

Negotiations

EPA sent letters to approximately 50

individuals in the petroleum and

oxyfuel-related industries announcing

the addition of ETBE and TAME to

EPA’s Master Testing List and EPA’s

interest in pursuing a testing program

under an ECA. On March 9, 1994, API

indicated that the industry had agreed

to form a testing panel under API

auspices to develop and present a

testing proposal to EPA on ETBE and

TAME. On April 18, 1994, EPA

published a notice in the Federal

Register inviting manufacturers and

processors of ETBE and TAME and

other interested persons to participate in

ECA negotiations on these substances

and announced that a public meeting

would be held on May 9, 1994.

On behalf of the Consortium, API

submitted proposals for testing ETBE

and TAME in April. At the May 9

meeting, API stated that there was

support among Consortium members to

conduct testing of TAME, but not ETBE.

The chief difference between the EPA

and Consortium positions on testing

TAME was the design of the

reproductive effects and fertility study.

The Consortium proposed only a onegeneration study as opposed to the twogeneration study recommended by EPA.

This issue was resolved in a conference

call on July 28, 1994, with the

Consortium agreeing to conduct the

two-generation study. Members of the

Consortium signed an ECA for the

testing of TAME in January, 1995; EPA

signed the ECA in February, 1995.

Regarding ETBE, after appropriate

notification of interested persons, EPA

held a public meeting on July 14, 1994,

to discuss the development of an ECA

for this substance. At that meeting,

ARCO, the only current or potential

producer in attendance, stated that it

had conducted screening tests for

mutagenicity but that the company had

decided not to enter into an ECA with

EPA to conduct additional testing. ETBE

thus remains on EPA’s Master Testing

List in a queue for rulemaking under

TSCA section 4.

III. TAME Testing Program

Table I describes the tests, the test

standards and reporting requirements

For TAME under the ECA. This testing

program will allow EPA to better

characterize the potential health hazards

resulting from exposure to TAME.
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations 14911

TABLE I.— REQUIRED TESTING, TEST STANDARDS AND REPORTING REQUIREMENTS FOR TAME

Description of Tests Test Standard1 Deadline for

Final Report2

Interim Reports

Required3

Pharmacokinetics (Inhalation, rats and mice) ............. 795.230 (Appendix I) 20 3

90–Day Subchronic (Inhalation, rats and mice) ......... 798.2450 Amended to include mitogenesis,special

staining and immunochemistry (Appendix II)

18 2

Neurotoxicity Screen ................................................... 795.247 (Appendix III) 20 3

Mutagenicity: CHO HGPRT ........................................ 798.5300 (Appendix) 15 2

Mutagenicity: Chromosomal aberrations .................... 798.5375 (Appendix) 15 2

Reproduction and Fertility (Inhalation, rats) ................ OPPTS 870.3800 30 5

Developmental toxicity (Inhalation, rats and mice) ..... OPPTS 870.3700 15 2

1Citation is to 40 CFR unless otherwise noted. The OPPTS 870 series guidelines are available from EPA but have not been published.

2 Number of months after the effective date of the consent order. 3 Interim reports are required every 6 months from the effective date until the final report is submitted. This column shows the number of interim reports required for each test.

IV. Export Notification

The issuance of the ECA and Order

subjects any persons who export or

intend to export the chemical substance

TAME (CAS No. 994–05–8), of any

purity, to the export notification

requirements of section 12(b) of TSCA

and the regulations promulgated

pursuant to it at 40 CFR part 707. The

listing of the chemical substance or

mixture at 40 CFR 799.5000 serves as a

notification to persons who intend to

export such a chemical substance or

mixture that the substance or mixture is

the subject of an ECA and Order and 40

CFR part 707 applies.

V. Rulemaking Record

EPA has established a record for this

ECA and Order under docket number

OPPTS–52098, which is available for

inspection Monday through Friday,

excluding legal holidays, in Rm. NE

B607, 401 M St.,SW., Washington, DC.,

20460 from 1 p.m. to 4 p.m.

Confidential Business Information (CBI),

while part of the record, is not available

for public review. This record contains

the basic information considered in

developing this ECA and Order, and

includes the following information:

(1) Testing Consent Order for TAME

with incorporated Enforceable Consent

Agreement and associated testing

protocols attached as appendices.

(2) Federal Register notice

announcing the opportunity to initiate

Negotiations for a TSCA Section 4

Testing ECA (April 18, 1994; 59 FR

18399).

(3) Communications consisting of:

(a) Written Letters.

(b) Contact reports of telephone

summaries.

(c) Meeting summaries.

(4) Reports -published and

unpublished factual materials.

List of Subjects in 40 CFR Part 799

Chemicals, Chemical export,

Environmental protection, Hazardous

substances, Health effects, Laboratories,

Reporting and recordkeeping

requirements, Testing.

Dated: March 7, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, 40 CFR part 799 is

amended as follows:

PART 799—[AMENDED]

1. The authority citation for part 799

continues to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5000 is amended by

adding tertiary-amyl methyl ether

(TAME) to the table in CAS Number

order, to read as follows:

§799.5000 Testing consent agreements for

substances and mixtures with Chemical

Abstract Service Registry Numbers.

* * * * *

CAS Number Substance or mixture name Testing FR Publication Date

* * * * * * *

994–05–8 Tertiary-amyl methyl ether .......................................................... Health effects ........................... March 21, 1995.

* * * * * * *
14912 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

[FR Doc. 95–6766 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 95022357–5057–01; I.D.

120594A]

RIN 0648–AG95

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Pacific

Halibut Bycatch

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; final 1995

specification of Pacific halibut bycatch

allowances; change of effective date.

SUMMARY: On March 6, 1995, NMFS

published a final rule that authorizes

NMFS to determine annually whether to

apportion a Pacific halibut bycatch

allowance to the Bering Sea and

Aleutian Islands management area

(BSAI) or Gulf of Alaska (GOA) hookand-line gear fisheries for sablefish, or

to exempt these fisheries from halibut

bycatch restrictions. Final 1995 halibut

bycatch allowances also were specified

for the BSAI nontrawl fisheries and

GOA hook-and-line gear fisheries that

exempted the sablefish hook-and-line

gear fisheries from halibut bycatch

restrictions. NMFS is changing the

effective date of a portion of the final

rule from April 3, 1995, to March 15,

1995, to avoid a closure of the GOA

sablefish Individual Fishing Quota (IFQ)

fishery when it opens on March 15.

EFFECTIVE DATE: Section 672.20(f)(1)(ii)

and (f)(3)(ii) of the final rule published

March 6, 1995, at 60 FR 12149, are

effective March 15, 1995; the remaining

portion of the final rule which amends

§ 675.21 will be effective, April 15,

1995.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

published a final rule in the Federal

Register (60 FR 12149, March 6, 1995)

that revises the management of the

halibut bycatch limits established for

the GOA hook-and-line gear groundfish

fisheries and the BSAI nontrawl

fisheries. The final rule is scheduled to

become effective April 3, 1995, and

authorizes the exemption of the GOA

and BSAI hook-and-line gear sablefish

fisheries from halibut bycatch

restrictions to support the new

sablefish/halibut IFQ program. The final

rule also addresses concern about the

potential closure of the BSAI jig gear

fishery due to halibut bycatch in other

nontrawl fisheries and allows for the

management of the seasonal

apportionment of the halibut bycatch

allowances annually specified for the

BSAI Pacific cod hook-and-line gear

fishery consistent with the management

of the amount of Pacific cod total

allowable catch allocated to this fishery.

Final 1995 specifications of halibut

bycatch allowances were published

with the final rule that exempted the

GOA and BSAI hook-and-line sablefish

fisheries and the BSAI jig gear fishery

from halibut bycatch restrictions. The

effective date of the final rule was

established as the date 30 days after

publication in the Federal Register, or

April 3, 1995.

The 1995 sablefish/halibut IFQ

fishery is scheduled to open on March

15, 1995 (60 FR 12152, March 6, 1995).

Halibut bycatch mortality in the GOA

Pacific cod hook-and-line gear fishery

has accrued at a rate higher than

anticipated and will reach the first

seasonal bycatch mortality allowance

currently specified for all GOA hookand-line gear fisheries (60 FR 8476,

February 14, 1995) before the final rule

becomes effective on April 3, 1995. As

a result, the sablefish IFQ fishery would

be closed until this date when the

exemption of this fishery from halibut

bycatch restrictions becomes effective.

NMFS has determined that the closure

of the sablefish IFQ fishery due to

halibut bycatch in the Pacific cod

fishery imposes an unnecessary

restriction on the IFQ fishery and

directly counters the intent of the final

rule and associated 1995 final

specifications of halibut bycatch

allowances. Therefore, NMFS is waiving

a portion of the 30-day delayed effective

period so that the final rule authorizing

the exemption of the GOA sablefish IFQ

fishery from halibut bycatch restrictions

becomes effective on March 15, 1995,

when the sablefish IFQ fishery opens.

Classification

Implementation of § 672.20(f)(1)(ii)

and (f)(3)(ii) of the final rule published

in the Federal Register March 6, 1995

(60 FR 12149) in a timely manner will

avoid an unnecessary closure of the

GOA sablefish IFQ fishery. Since

implementation of these provisions will

relieve a restriction, a 30-day delay in

the effective date is not required under

5 U.S.C. 553(d)(1). Therefore, the

effective date of the portion of the final

rule and associated final 1995

specifications that authorize the

exemption of the GOA sablefish IFQ

fishery from 1995 halibut bycatch

restrictions is changed to March 15,

1995.

This action modifies the effective

dates of a final rule that is exempt from

review under E.O. 12866.

Dated: March 15, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–6845 Filed 3–15–95; 4:29 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; 031495A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Trawl Rockfish

Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for species in the rockfish

fishery category by vessels using trawl

gear in the Bering Sea and Aleutian

Islands management area (BSAI). This

action is necessary to prevent exceeding

the first seasonal bycatch allowance of

Pacific halibut apportioned to the trawl

rockfish fishery category in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 15, 1995, until 12

noon, A.l.t., April 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael L. Sloan, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The first seasonal bycatch allowance

of Pacific halibut for the BSAI trawl

rockfish fishery category, which is

defined at § 675.21(b)(1)(iii)(D), was

established as 30 metric tons by the

final initial 1995 specifications for

groundfish (60 FR 8479, February 14,

1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(c)(1)(iii), that the first seasonal

bycatch allowance of Pacific halibut