North Carolina Waters Along the Entire Length of New Hanover County; Final No Discharge Zone Determination, 7590-7591 [2010-3372]
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
information on the ‘‘reasonably
ascertainable economic consequences’’
that would occur as a result of enacting
the proposed regulation (Ref. 4).
The petition states that ‘‘proteins
inherent in Hevea brasiliensis baled
natural-rubber can be substantially
eliminated’’ and that ‘‘ultra low-protein
natural-rubber latex (e.g., Vytex-NRL)
that can be used to make Hevea
brasiliensis baled natural-rubber that
satisfies ASTM D 1076-06 (Category 5)’’
is available, but provides little other
information on the availability and
suitability of substitutes. In ‘‘Allergies
and Autism,’’ the petitioner reports that
non-Hevea brasiliensis latex does not
provide a suitable substitute. According
to the petitioner: ‘‘Efforts have been
made to commercialize alternative latex
having inherently lower antigenic
protein content (i.e., guayule rubber
latex and the Russian dandelion), but
such materials are reported to be higher
in cost and presently are available only
in limited quantities’’ and ‘‘both of these
materials have their own unique set of
proteins with potential allergenic
behavior not yet clearly understood.’’
With respect to Vytex, the petitioner
reports that it ‘‘can be used for making
surgical and examination gloves,
condoms, foam, tubing, breather bags,
balloons, adhesives as well as many
other natural–latex based products
across a wide range of industries’’ (Ref.
4). Vytex does not appear to be a viable
substitute for use in tires, however, at
this time. Vytex was developed and is
produced by the Vystar Corp. According
to the Vystar Corp. website, Vytex is
Vystar Corp.’s first commercial product
and is presently used only in Envy
condoms, which were introduced
commercially only in October of 2009.
In addition, Vystar Corp.’s webpage
focuses on Vytex’s suitability for the
specialty use of medical devices. See
https://www.vytex.com, last visited
January 11, 2010.
Nor does the petition provide
evidence showing that prohibiting the
use of ‘‘Hevea brasiliensis baled naturalrubber’’ that does not have a ‘‘total
protein content less than 200 μg/dm2
and an antigenic Hev-b protein content
less than 10 μg/dm2’’ in the manufacture
of tires would be the least burdensome
requirement to address the potential
risks the petition identifies.
Finally, the petition has not
demonstrated that a regulation
prohibiting the use of ‘‘Hevea
brasiliensis baled natural-rubber’’ that
does not have a ‘‘total protein content
less than 200 μg/dm2 and an antigenic
Hev-b protein content less than 10 μg/
dm2’’ in the manufacture of tires is
VerDate Nov<24>2008
15:26 Feb 19, 2010
Jkt 220001
likely to be successful in reducing the
incidence of latex allergy or autism.
IV. References
The following is a list of the
documents that are specifically
referenced in this notice and placed in
the docket that was established under
docket ID number EPA–HQ–OPPT–
2010–0015. For information on
accessing the docket, refer to Unit I.B.
1. Dochniak, M. ‘‘Citizen Petition
under TSCA to prohibit the use of
Hevea brasiliensis baled natural-rubber
for the manufacture of tires, wherein
said baled natural-rubber fails to satisfy
The American Society for Testing and
Materials method ASTM D1076-06
(Category 5).’’ November 19, 2009.
2. EPA. Letter from OPPT, to Michael
Dochniak, acknowledging receipt of his
petition under TSCA section 21:
‘‘Citizen Petition under TSCA to
prohibit the use of Hevea brasiliensis
baled natural-rubber for the
manufacture of tires, wherein said baled
natural-rubber fails to satisfy The
American Society for Testing and
Materials method ASTM D1076-06
(Category 5).’’ December 8, 2009.
3. EPA. Natural Rubber Latex
Adhesives; Disposition of TSCA Section
21 Petition; Notice. Federal Register (73
FR 32573, June 9, 2008) (FRL–8368–4).
Docket ID number EPA–HQ–OPPT–
2008–0273. Available on-line at https://
www.regulations.gov.
4. Dochniak, M. and Dunn, D.
Allergies and Autism. Nova Science
Publishers, Inc. 2008.
5. Mostafa, G. A.; Hamza, R. T.; and
El-Shahawi, H. H. Allergic
manifestations in autistic children:
Relation to disease severity. Journal of
Pediatric Neurology. 2008. 6(2):115–
123.
6. Buie, T., et al., Evaluation,
Diagnosis, and Treatment of
Gastrointestinal Disorders in
Individuals With ASDs: A Consensus
Report. Pediatrics. 2010. 125:S1–S18.
7. Williams, P. B.; Buhr, M. P.; Weber,
R. W.; Volz, M. A.; Koepke, J. W.; and
Selner, J. C. Latex Allergen in Respirable
Particulate Air Pollution. Journal of
Allergy and Clinical Immunology. 1995.
95:88–95.
8. Miguel, A. G.; Cass, G. R.; Weiss,
J.; and Glovsky, M. M. Latex Allergens
in Tire Dust and Airborne Particles.
Environmental Health Perspectives.
November 1996. 104(11):1180–1186.
9. Miguel, A. G., Cass, G. R., Weiss,
J., and Glovsky, M. M. Allergens in
Paved Road Dust and Airborne Particles.
Environmental Science Technology.
1999. 33:4159–4168.
10. Hirsch, T.; Neumeister, V.;
Weiland, S. K.; von Mutius, E.; Hirsch,
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Sfmt 4703
D.; Grafe, H.; Duhme, H.; and Leupold,
W. Traffic exposure and allergic
sensitization against latex in children.
Journal of Allergy and Clinical
Immunology. 2000. 106:573–8.
11. Vermeulen, R.; Doekes, G.; and
Kromhout, H. Latex Allergy Risk among
the General Population due to TrafficRelated Airborne Dust? Epidemiology.
Cambridge, MA. 2000. 11(1):92.
12. Rubber Manufacturers Association
Letter to EPA (Docket ID number EPA–
HQ–OPPT–2008–0273), Comments on
Mr. Michael Dochniak TSCA Section 21
Petition. May 12, 2008.
List of Subjects
Environmental protection, Antigenic
proteins, Autism, Health, Hevea
brasiliensis baled natural rubber, Latex,
Tires.
Dated: February 16, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. 2010–3414 Filed 2–19–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9114–9]
North Carolina Waters Along the Entire
Length of New Hanover County; Final
No Discharge Zone Determination
On August 24, 2009, the
Environmental Protection Agency (EPA)
published a notice that the North
Carolina Department of Environment
and Natural Resources (DENR) Division
of Water Quality (DWQ) had petitioned
the Region 4 Regional Administrator to
determine that adequate and reasonably
available pumpout facilities exist for the
designation of New Hanover County,
North Carolina, Coastal Waters as a No
Discharge Zone (NDZ). One comment in
favor of this designation was received.
Specifically, these waters extend three
nautical miles (nm) into the Atlantic
Ocean along the entire length of New
Hanover County, including Futch Creek,
Pages Creek, Bradley Creek, Hewlett’s
Creek, Howe Creek, Whiskey Creek,
Snow’s Cut, as well as unnamed
tributaries and all unnamed tidal creeks
to those waters.
The geographic description including
latitudes and longitudes are as follows:
northern border of New Hanover County
with southern border of Pender County
(34°17′53.5″ N 77°42′32.2″ W), to a point
3 nm off the coast at the intersection of
New Hanover and Pender Counties
(34°16′01.9″ N 77°40′20.5″ W).
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices
Intersection of the southern tip of
New Hanover County with Brunswick
County at the Cape Fear River
(33°55′43.0″ N 77°56′13.6″ W),
southeastward along the extended
intersection of the two counties, 3 nm
into the Atlantic Ocean (33°53′07.5″ N
77°55′34.5″ W).
This petition was filed pursuant to the
Clean Water Act, Section 312(f)(3),
Public Law 92–500 as amended by
Public Law 95–217 and Public Law
100–4. A NDZ is defined as a body of
water in which the discharge of vessel
sewage, both treated and untreated, is
prohibited.
Section 312(f)(3) states:
cprice-sewell on DSK2BSOYB1PROD with NOTICES
‘‘After the effective date of the initial
standards and regulations promulgated under
this section, if any State determines that the
protection and enhancement of the quality of
some or all of the waters within such States
require greater environmental protection,
such State may completely prohibit the
discharge from all vessels of any sewage,
whether treated or not, into such waters,
except that no such prohibition shall apply
until the Administrator determines that
adequate facilities for the safe and sanitary
removal and treatment of sewage from all
vessels are reasonably available for such
water to which such prohibition would
apply.’’
According to DENR DWQ the
following facilities are located in New
Hanover County for pumping out vessel
holding tanks:
(1) Carolina Beach Municipal Marina,
Carolina Beach, 910–458–2540, open 24
hours per day, 7 days per week, 6′ draft
at mean low tide.
(2) Carolina Beach State Park Marina,
Carolina Beach State Park, Carolina
Beach, 910–458–7770, 8 AM–5:45 PM, 7
days/week, 6′ draft at mean low tide.
(3) Federal Point Yacht Club, 910
Basin Road, Carolina Beach, 910–458–
4511, only available to club members, 5′
draft at mean low tide.
(4) Mona Black Marina, Carolina
Beach, 910–458–0575, open 24/7, 20′
draft at mean low tide.
(5) Joyner Marina, Carolina Beach,
910–458–5053, open 7 AM–6 PM, 7
days per week, 6′ draft at mean low tide.
(6) Bridge Tender Marina, City of
Wilmington, 910–256–6550, 7 AM–
8 PM, 7 days/week, 10′ draft at mean
low tide.
(7) Creekside Yacht Club, City of
Wilmington, 910–350–0023,
Operational December 2009, 4′ draft at
mean low tide.
(8) Sea Path Yacht Club, Town of
Wrightsville Beach, 910–256–3747, 7
AM–7 PM, 7 days/week, 10′ draft at
mean low tide.
(9) Wrightsville Beach Marina &
Transient Dock, Town of Wrightsville
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15:26 Feb 19, 2010
Jkt 220001
Beach, 910–256–6666, 7 AM–7 PM, 7
days/week, 12′ draft at mean low tide.
Two Marinas that are located within
7 nautical miles of the proposed NDZ
are:
(A) Wilmington Marine Center, 910–
395–5055, 8 AM—5 PM 7 days/week, 7′
draft at mean low tide.
(B) Bald Head Island Marina, 910–
457–7380, 8:30 AM–5:30 PM 7 days/
week, 8′ draft at mean low tide.
The total vessel population for New
Hanover County as of August 5, 2008,
was 13,940. This number reflects active
vessel registrations and was obtained
from the North Carolina Wildlife
Resources Commission. During the
period of 2006 to 2008, the total number
of active registered vessels increased
nearly 15%. The result is that there are
nearly 1,800 more pleasure boats in the
area waters today than just two years
ago, with the largest increase occurring
in boats between 16′ and 25′ in length.
It is recognized that only a percentage
of the vessels in the coastal waters of
New Hanover County are equipped with
a Marine Sanitation Device (MSD). To
estimate the number of MSDs in use,
percentages obtained from EPA (Region
2) were applied, and are listed below:
Percent with
MSDs
Boat length
<16′ ...........................................
16′–25′ ......................................
26′–40′ ......................................
>40′ ...........................................
8.3
10.6
78.5
82.6
This yields an estimated 2,046 MSDs
in use by registered boats within New
Hanover County.
Through the use of a marina survey,
the number of transient boats serviced
by marinas in New Hanover County was
calculated to be approximately 180 per
month. This figure was arrived at by
using the peak season transient boat
figures from each marina. Using the
figures for both county and transient
boats, the total number of MSDs in the
New Hanover County waters is
estimated to be 2,194. There are 9
marinas within New Hanover County
and this yields a ratio of about 244 boats
per pumpout facility. This figure does
not include the two marinas that are
located within 7 nautical miles of this
proposed NDZ area.
All vessel pumpout facilities that are
described either discharge into State
approved and regulated septic tanks or
State approved on-site waste treatment
plant, or the waste is collected into a
large holding tank for transport to a
sewage treatment plant. Thus all vessel
sewage will be treated to meet existing
standards for secondary treatment.
Based on the examination of this
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Fmt 4703
Sfmt 4703
7591
petition, its supporting documentation,
and public response, EPA concurs with
the State of North Carolina’s
determination that adequate and
reasonably available facilities for the
safe and sanitary removal and treatment
of sewage from all vessels are present in
New Hanover County North Carolina,
and therefore this area is designated as
a NDZ.
Dated: January 29, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. 2010–3372 Filed 2–19–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–SFUND–2009–0907; FRL–9114–6]
RIN 2050–ZA05
Guidance on Recommended Interim
Preliminary Remediation Goals for
Dioxin in Soil at CERCLA and RCRA
Sites; Extension of Comment Period
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of public comment;
extension of comment period.
SUMMARY: In response to requests from
the public, the Environmental
Protection Agency (EPA) is providing an
additional 35 days for the public to
provide its comments on the draft
recommended interim preliminary
remediation goals (PRGs) developed in
the draft Guidance on Recommended
Interim Preliminary Remediation Goals
for Dioxin in Soil at Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) and Resource Conservation
and Recovery Act (RCRA) Sites. In
EPA’s initial notice, which was
published in the Federal Register on
January 7, 2010 (75 FR 984), the
deadline for the public to provide its
comments was February 26, 2010. The
purpose of this notice is to provide
additional time until April 2, 2010.
DATES: Comments must be received on
or before April 2, 2010.
ADDRESSES: Provide your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2009–0907, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
your views.
• E-mail: OSWER.Docket@epa.gov. In
contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you send
an e-mail comment directly to the
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3372]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9114-9]
North Carolina Waters Along the Entire Length of New Hanover
County; Final No Discharge Zone Determination
On August 24, 2009, the Environmental Protection Agency (EPA)
published a notice that the North Carolina Department of Environment
and Natural Resources (DENR) Division of Water Quality (DWQ) had
petitioned the Region 4 Regional Administrator to determine that
adequate and reasonably available pumpout facilities exist for the
designation of New Hanover County, North Carolina, Coastal Waters as a
No Discharge Zone (NDZ). One comment in favor of this designation was
received.
Specifically, these waters extend three nautical miles (nm) into
the Atlantic Ocean along the entire length of New Hanover County,
including Futch Creek, Pages Creek, Bradley Creek, Hewlett's Creek,
Howe Creek, Whiskey Creek, Snow's Cut, as well as unnamed tributaries
and all unnamed tidal creeks to those waters.
The geographic description including latitudes and longitudes are
as follows: northern border of New Hanover County with southern border
of Pender County (34[deg]17[min]53.5[sec] N 77[deg]42[min]32.2[sec] W),
to a point 3 nm off the coast at the intersection of New Hanover and
Pender Counties (34[deg]16[min]01.9[sec] N 77[deg]40[min]20.5[sec] W).
[[Page 7591]]
Intersection of the southern tip of New Hanover County with
Brunswick County at the Cape Fear River (33[deg]55[min]43.0[sec] N
77[deg]56[min]13.6[sec] W), southeastward along the extended
intersection of the two counties, 3 nm into the Atlantic Ocean
(33[deg]53[min]07.5[sec] N 77[deg]55[min]34.5[sec] W).
This petition was filed pursuant to the Clean Water Act, Section
312(f)(3), Public Law 92-500 as amended by Public Law 95-217 and Public
Law 100-4. A NDZ is defined as a body of water in which the discharge
of vessel sewage, both treated and untreated, is prohibited.
Section 312(f)(3) states:
``After the effective date of the initial standards and
regulations promulgated under this section, if any State determines
that the protection and enhancement of the quality of some or all of
the waters within such States require greater environmental
protection, such State may completely prohibit the discharge from
all vessels of any sewage, whether treated or not, into such waters,
except that no such prohibition shall apply until the Administrator
determines that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available for such water to which such prohibition would apply.''
According to DENR DWQ the following facilities are located in New
Hanover County for pumping out vessel holding tanks:
(1) Carolina Beach Municipal Marina, Carolina Beach, 910-458-2540,
open 24 hours per day, 7 days per week, 6' draft at mean low tide.
(2) Carolina Beach State Park Marina, Carolina Beach State Park,
Carolina Beach, 910-458-7770, 8 AM-5:45 PM, 7 days/week, 6' draft at
mean low tide.
(3) Federal Point Yacht Club, 910 Basin Road, Carolina Beach, 910-
458-4511, only available to club members, 5' draft at mean low tide.
(4) Mona Black Marina, Carolina Beach, 910-458-0575, open 24/7, 20'
draft at mean low tide.
(5) Joyner Marina, Carolina Beach, 910-458-5053, open 7 AM-6 PM, 7
days per week, 6' draft at mean low tide.
(6) Bridge Tender Marina, City of Wilmington, 910-256-6550, 7 AM- 8
PM, 7 days/week, 10' draft at mean low tide.
(7) Creekside Yacht Club, City of Wilmington, 910-350-0023,
Operational December 2009, 4' draft at mean low tide.
(8) Sea Path Yacht Club, Town of Wrightsville Beach, 910-256-3747,
7 AM-7 PM, 7 days/week, 10' draft at mean low tide.
(9) Wrightsville Beach Marina & Transient Dock, Town of
Wrightsville Beach, 910-256-6666, 7 AM-7 PM, 7 days/week, 12' draft at
mean low tide.
Two Marinas that are located within 7 nautical miles of the
proposed NDZ are:
(A) Wilmington Marine Center, 910-395-5055, 8 AM--5 PM 7 days/week,
7' draft at mean low tide.
(B) Bald Head Island Marina, 910-457-7380, 8:30 AM-5:30 PM 7 days/
week, 8' draft at mean low tide.
The total vessel population for New Hanover County as of August 5,
2008, was 13,940. This number reflects active vessel registrations and
was obtained from the North Carolina Wildlife Resources Commission.
During the period of 2006 to 2008, the total number of active
registered vessels increased nearly 15%. The result is that there are
nearly 1,800 more pleasure boats in the area waters today than just two
years ago, with the largest increase occurring in boats between 16' and
25' in length. It is recognized that only a percentage of the vessels
in the coastal waters of New Hanover County are equipped with a Marine
Sanitation Device (MSD). To estimate the number of MSDs in use,
percentages obtained from EPA (Region 2) were applied, and are listed
below:
------------------------------------------------------------------------
Percent
Boat length with MSDs
------------------------------------------------------------------------
<16'....................................................... 8.3
16'-25'.................................................... 10.6
26'-40'.................................................... 78.5
>40'....................................................... 82.6
------------------------------------------------------------------------
This yields an estimated 2,046 MSDs in use by registered boats
within New Hanover County.
Through the use of a marina survey, the number of transient boats
serviced by marinas in New Hanover County was calculated to be
approximately 180 per month. This figure was arrived at by using the
peak season transient boat figures from each marina. Using the figures
for both county and transient boats, the total number of MSDs in the
New Hanover County waters is estimated to be 2,194. There are 9 marinas
within New Hanover County and this yields a ratio of about 244 boats
per pumpout facility. This figure does not include the two marinas that
are located within 7 nautical miles of this proposed NDZ area.
All vessel pumpout facilities that are described either discharge
into State approved and regulated septic tanks or State approved on-
site waste treatment plant, or the waste is collected into a large
holding tank for transport to a sewage treatment plant. Thus all vessel
sewage will be treated to meet existing standards for secondary
treatment. Based on the examination of this petition, its supporting
documentation, and public response, EPA concurs with the State of North
Carolina's determination that adequate and reasonably available
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are present in New Hanover County North Carolina, and
therefore this area is designated as a NDZ.
Dated: January 29, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-3372 Filed 2-19-10; 8:45 am]
BILLING CODE 6560-50-P
