Document rYBXvkLgyV0ovKoMNmx4QYVE

Mary Dominiak/DC/USEPA/US@EPA o r 02/ 27/ 2 0 0 1 0 4 :21:35 PM To: "Larsen, Don" < DLarsen@CGAIaska.USCG.mil> cc: Doug.Dierdorf@mlq.afrl.af.mil, NCIC OPPT/DC/USEPA/US@EPA Subject: AR226: AFFF and Perfluorooctyl Sulfonates Dear Mr. Larsen: 3M Corporation, the principal manufacturer of PFOS worldwide, elected in May 2000 voluntarily to discontinue the manufacture o f 90 PFOS chemicals by the end of 2002, including chemicals used in its AFFF products. Following the 3M decision, and basing its action on concerns about the persistence, toxicity, widespread exposure to and bioaccumulative potential of PFOS, EPA proposed a "significant new use" rule (SNUR) that would require anyone who wants to manufacture or import any o f the discontinued PFOS chemicals in the United States to file notice with the Agency 90 days before beginning that activity (65 FR 62319, October 18, 2000: Docket OPPTS-50639). Upon review of such a notice, and considering the hazards o f the chemical, the exposures that would be occasioned by the circumstances o f its proposed use, and any other information supplied by the submitter, EPA could permit the activity to go forward as requested, allow it to commence subject t Since EPA is not in the fire fighting business, I'm afraid that I do not have information on the specific AFFF products which may be available, but it is my understanding that there are some MilSpec AFFF products which are based on perfluorooctanoic acid (PFOA) or telomer chemicals and which do not contain PFOS. Depending upon your needs, there may also be other suitable products which do not use any of these chemistries. I would suggest that you contact Doug Dierdorf of Tyndall AFB, who I know has been working on these issues for the Air Force, for additional information and for further contacts within DOD and the Coast Guard research structure on AFFF. Doug's contact information is: ^ Douglas S. Dierdorf, Ph.D. Principle Scientist, Fire Applied Research Associates, Inc. P.O. Box 40128 Tyndall AFB, FL 32403 AFRL/MLQC (Contractor) 139 Barnes Drive Suite 2 Tyndall AFB, FL 32403 Phone: (850) 283-3734 (DSN) 523-3734 Fax: (850) 283-9797 (DSN) 523-9797 Email: Doug.Dierdorf@mlq.afrl.af.mil ddierdorf@ara.com 3C I CO "P o -- ^ i"T 'I O "- r.;; I.:: n o CJ cn o EPA is in the process o f conducting hazard assessments on PFOA and the telomer chemicals, which may or may not present concerns similar to those associated with PFOS. Depending upon the outcome of those assessments, EPA may propose voluntary or regulatory activities with respect to PFOA and/or the telomers, or may conclude that those chemicals do not warrant such concern. We cannot predict at this point what the assessments will determine, and thus cannot predict what effect those assessments may have on PFOA or telomer-based AFFF products in the future. We also cannot predict what actions businesses may take of their own volition -- as 3M did - in response either to assessment activities or other market forces. W e hope to complete our initial hazard assessment on PFOA by June of this year, I Contain NO CBI but additional time may be required for our preliminary assessment on the telomer chemicals, since the telomer manufacturers began a voluntary two-year research I regret that I am unable to provide you with a quick or clear-cut answer to your question, but I hope that you will find this information helpful. I have attached PDF file copies of the two Federal Register notices on PFOS referred to above - the proposed SNUR and the public meeting announcement -- for your information and review. If you have additional questions, please feel free to contact me. Sincerely, Mary F. Dominiak U.S. Environmental Protection Agency Chemical Control Division (7405) 1200 Pennsylvania Avenue, NW Washington, DC 20460 Telephone: 202-260-7768 Facsimile: 202-260-1096 Email: dominiak.mary@epa.gov To: Mary Dominiak/DC/USEPA/US@EPA cc: Subject: AFFF ANDPERFLUOROOCTYLSULFONATES I am a civil engineer for the U.S. Coast Guard in Juneau, Alaska. We are currently installing a foam fire protection system in one of our hangars in Sitka, Alaska. The foam to be used is AFFF. We just received some information that AFFF using PFOS's as foaming agents will be banned in the near future. Could you please tell me if the AFFF manufactured by 3M is the only AFFF using PFOS's, or do other manufacturer's have AFFF products that will not be affected by the ban. Any information you have would be appreciated. Thanks. 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T ira riM itre film w its M irfw w N R i f i f tira Hwsilsifels ip tra a s a fe ii g, lP O i ts im a iily iffedl k Arikkh&ftf' BastardiEUffiirar Iiymji-wmdd Ul to olraHeoptes ctftoibiipttoiiiii IJtralaBt O T rra -S R fiS S 1ttf AJr22<iTf le t e i c fittls k Uni T S C i\.F ra T JQ )n fid 0n tR l k tfe m fiifo n C 3 k (M &SJTA IW ^ ntofil n rip tin p ic#^!^ !? , IralJSWimm xm nd 4iOC 3 I lk a e r a iujk, liitcuisduv jFrMsiff, 3 Federal Register/Vol. 66, No. 3 7 /Friday, February 23, 2001 / Proposed Rules 11243 5 CFR part 2640 that apply to federal agencies generally, the Commission proposes that current rule 103(b) be deleted. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. Public Comment [OPPTS-50639B; FRL-6771-4] RIN 2070-AD43 Any public comment directed toward B. How Can I Get A dditional Information, Including Copies o f this Document or Other Related Documents? this proposal should be submitted within 30 days of the publication of this notice in the Federal Register. Ordering Paragraphs 1. Public comment on the Commission's proposal to delete paragraph (b) from current rule 103 of its standards of conduct should be submitted within 30 days of the publication of this notice in the Federal Register. 2. The Secretary is directed to cause this notice of proposed rulemaking to appear in the Federal Register. Dated: February 16, 2001. Margaret P. Crenshaw, Secretaryc List of Subjects in 39 CFR Part 3 000 Administrative practice and procedure, Postal Service. For the reasons stated in the preamble, the Postal Rate Commission proposes to amend 39 CFR part 3000 as follows: Perfluorooctyl Sulfonates (PFOS); Notice of Public Meeting 1. Electronically. You may obtain electronic copies of this document, and AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of public meeting. certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www.epa.gov/. To access this document, on the Home Page select SUMMARY: The Environmental Protection "Laws and Regulations", "Regulations Agency (EPA) will conduct a public and Proposed Rules," and then look up meeting on the proposed significant the entry for this document under the new use rule (SNUR) on PFOS "Federal Register--Environmental published in the Federal Register issue of October 18, 2000. At this meeting, persons who filed written comments on the proposed SNUR will have the opportunity to clarify and expand on their comments, and all interested persons will be able to identify issues of concern. DATES: The public meeting will he held from 9 a.m. to 4 p.m. on March 27, 2001. Interested parties are requested to contact thB technical person on or before Friday, March 16, 2001, to Documents." You can also go directly to the Federal Register listings at http:// www.epa.gov/fedrgstr/. 2. In person. The Agency has established an official record for this action under docket control number OPPTS-50639B. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official schedule presentations at the meeting. record includes the documents that are ADDRESSES: The meeting will be held at physically located in the docket, as well the Sheraton Crystal City Hotel, 1800 as the documents that are referenced in Jefferson Davis Hwy., Arlington, VA. those documents. The public version of PART 3000--STANDARDS OF CONDUCT12 1. The authority citation for part 3000 continues to read as follows: Authority: 39 U.S.C. 3603; E.O. 12674, 54 FR 15159, 3 CFR, 1939 Comp., p. 215,as modified by E.O. 12731, 56 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR parts 2634 and 2636. 2. Revise 3000.735-103 to read as follows: 3000.735-103 Financial interests. An employee shall not, either directly or indirectly, have any financial interest FOR FURTHER INFORMATION CONTACT: For the official record does not include any general information contact Barbara information claimed as CBI. The public Cunningham, Acting Director, version of the official record, which Environmental Assistance Division, includes printed, paper versions of any Office of Pollution Prevention and electronic comments submitted during Toxics (7408), Environmental Protection an applicable comment period, is Agency, 1200 Pennsylvania Ave., NW., available for inspection in the TSCA Washington, DC 20460; telephone Nonconfidential Information Center, number: (202) 554-1404; e-mail address: North East Mall Rm. B-607, Waterside TSCA-Hotline@epa.gov. Mall, 401 M St., SW., Washington, DC. For technical information contact: The Center is open from noon to 4 p.m., Annette Washington, Chemical Control Monday through Friday, excluding legal Division (7405), Office of Pollution holidays. The telephone number of the Prevention and Toxics, 1200 Center is (202) 260-7099. Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) II. Meeting Procedures 260-5315; e-mail address: For additional inform ation on the washington.annette@epa.gov. sched uled m eeting, in clu d in g the (whether by ownership of any stock, bond, security, or otherwise) in any entity or person whose interests may be significantly affected by rates of postage, fees for postal services, the classification of mail, or the operation of the Postal Service. This paragraph does not proscribe interests in an entity or person whose use of the mail is merely an incidental or a minor factor in the general conduct of its business. |FR Doc. 01-4432 Filed 2-22-01; 8:45 am] BILLING CODE 7 7 1 0 -F W -P SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may be of particular interest to anyone who filed written comments on the proposed SNUR for PFOS (65 FR 62319, October 18, 2000) (FRL-6745-5), or who uses products containing any of the 90 PFOS chemicals identified in the proposed SNUR. If you have any questions m eeting agenda, contact the technical p e r s o n l i s t e d u n d e r FOR FURTHER INFORMATION CONTACT. The meeting on the proposed PFOS SNUR will be open to the public. Interested parties are requested to contact the technical person on or before Friday, March 16, 2001, to schedule presentations at the meeting. Since seating for outside observers may be limited, those wishing to attend the meeting as observers are also encouraged to contact the technical person at the earliest possible date to 11244 Federal Register/Vol. 66, No. 3 7 /Friday, February 23, 2001 / Proposed Rules ensure adequate seating arrangements. address. The petition, as well as the Inquiries regarding oral presentations complete list of references for the and the submission of written finding announced in the present statements or chemical specific document, also may be obtained at our information should be directed to the Internet web site http://www.r6.fws.gov/ technical person. A written meeting cutthroat/. summary, including an attendance list FOR FURTHER INFORMATION CONTACT: and copies of all presentations made at Lynn R. Kaeding at the above address, the meeting, will be included in the or telephone 406/582-0717. official record of this proceeding described in Unit I.B.2. List of Subjects Environmental protection, Chemicals, Hazardous materials, Recordkeeping and reporting requirements. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 ef seq.) (Act), requires that within 90 days of receipt of a petition, Dated: February 14, 2001. Charles M. Auer, Director, Chemical Control Division. to the maximum extent practicable, we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or [FR Doc. 01-4404 Filed 2-22-01; 8:45 ami commercial information indicating that BILUNG CODE 6 5 6 0 -5 0 -S the requested action may be warranted. The finding is based upon all information provided or referenced in DEPARTMENT OF THE INTERIOR the petition and all other information available to us at the time the finding is Fish and W ildlife Service made. Such 90-day findings are to be published promptly in theFederal 50 CFR Part 17 Register. On August 18, 1998, we received a Endangered and Threatened Wildlife formal petition to list the Yellowstone and Plants; 90-day Finding fo ra cutthroat trout (Oncorhynchus clarki Petition To List the Yellowstone bolivien) as threatened where it Cutthroat Trout as Threatened presently occurs in its historic range AGENCY: Fish and Wildlife Service, Interior. ACTION : Notice of 90-day petition finding. and to designate critical habitat for this subspecies of fish pursuant to the Act. The petitioners are Biodiversity Legal Foundation, Alliance for the Wild Rockies, Montana Ecosystems Defense SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day finding for a petition to list the Yellowstone cutthroat trout [Oncorhynchus clarki bouvieri) as threatened, under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq). After review of the petition and all available scientific and commercial information, we find that the petition failed to present substantial information indicating that listing this subspecies of fish may be warranted at this time. DATES: The finding announced in this Council, and Mr. George Wuerthner. The Yellowstone cutthroat trout (YCT) is one of 13 subspecies of cutthroat trout recognized by Behnke (1992) that are native to interior regions of western North America. Cutthroat trout owe their common name to the distinctive red slash that occurs just below both sides of the lower jaw. Also among those 13 cutthroat trout subspecies is the finespotted Snake River cutthroat trout (Oncorhynchus clarki subsp.), the natural range of which is principally in the far-west, central region of Wyoming and almost document was made on February 15, entirely surrounded by that of YCT 2001. (Behnke 1992). A DDRESSES: Requests for copies of the In their petition, the petitioners petition, its accompanying attachments, considered the finespotted Snake River or other information pertaining to this cutthroat trout a morphological form of petition finding should be submitted to YCT. Such merging of taxons is Chief, Branch of Native Fishes Management, U.S. Fish and Wildlife Service, 4052 Bridger Canyon Road, Bozeman, Montana 59715. The petition supported by biochemical-genetic studies (cited by Behnke 1992) that revealed almost no differences between the YCT and finespotted cutthroat trout and information used in support of the at the several gene loci examined. petition finding are available for inspection, during normal business hours and by appointment, at that Nonetheless, the YCT and finespotted cutthroat trout are readily separated on the basis of the sizes and patterns of spots on the sides of the fish's body. The YCT has pronounced, medium to large spots that are round in outline and moderate in number, whereas the spots of the finespotted cutthroat trout are the smallest of any native trout in western North America and so profuse they resemble "a heavy sprinkling of ground peppeF' (Behnke 1992). Although Behnke (1992) considers the YCT and finespotted Snake River cutthroat trout distinct taxonomic entities, for the purposes of the finding described in this notice we will follow the position taken in the petition and consider the YCT and finespotted Snake River cutthroat trout to be a single taxonomic entity, the YCT. However, that position should not be considered the opinion of the Federal government with regard to the taxonomic validity of the finespotted Snake River cutthroat trout. Validation of such taxonomic classifications remains altogether within the domain of taxonomists, geneticists, and other qualified scientists. Furthermore, that position should not be interpreted as our criticism of, or lack of support for, ongoing management actions that treat the finespotted Snake River cutthroat trout as a unique taxonomic entity (e.g., Wichers 2000a). The historic range of YCT generally consists of the waters of the Snake River drainage (Columbia River basin) upstream from Shoshone Fails, Idaho, and those of the Yellowstone River drainage (Missouri River basin) upstream from and including the Tongue River, in eastern Montana (Behnke 1992). Historic range in the Yellowstone River drainage thus includes large regions of Wyoming and Montana, whereas that of the Snake River drainage includes large regions of Wyoming and Idaho and small parts of Utah and Nevada (Behnke 1992). During their evolutionary history, YCT diverged genetically and morphologically from the other subspecies of cutthroat trout while YCT inhabited only the waters of the Columbia River basin. Soon after the ice of the last glacial period (i.e., the Pleistocene Epoch) receded, about 8,000 years ago, YCT from the Snake River drainage gained entry into the Yellowstone River drainage via connected headwater streams in Two Ocean Pass, south of present-day Yellowstone National Park (Behnke 1992; Trotter 1987). Subsequently, YCT spread downstream in the Yellowstone River drainage. Today, various YCT stocks remain in each of those major river drainages in Montana, Wyoming, Idaho, Utah, and Nevada. On September 18,1998, we notified the petitioners that our Listing Priority Guidance, published in theFederal 5