Environmental Protection Agency March 2010 – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Advisory Committee Act, EPA gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) on April 29 and 30, 2010. A draft agenda is under development that will include reports from and discussions about current issues from the following PPDC work groups: Work Group on 21st Century Toxicology/New Integrated Testing Strategies; Work Group on Web- Distributed Labeling; and Work Group on Comparative Safety Statements for Pesticide Product Labeling. Discussion topics will also cover National Pollutant Discharge Elimination System permit issues regarding pesticides and current Endangered Species Act issues. PPDC work group meetings are also being scheduled and are open to the public. The PPDC PRIA Process Improvements Work Group will meet on April 28, 2010, from 1 p.m. to 4 p.m. Information about all PPDC work group meetings can be found on EPA's website at: https://www.epa.gov/pesticides/ppdc.

This notice announces the Agency's receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this Notice of such applications, pursuant to section 3(c)(4) of FIFRA.

EPA is proposing to approve numerous revisions to the Idaho State Implementation Plan (SIP) that were submitted to EPA by the State of Idaho on May 22, 2003, April 2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008, and June 8, 2009. The revisions were submitted in accordance with the requirements of section 110 and part D of the Clean Air Act (hereinafter the Act or CAA). EPA is taking no action in this rulemaking on a number of submitted rule revisions that are unrelated to the purposes of the implementation plan.

The U.S. Environmental Protection Agency is announcing the availability of its analysis of the data collected as a result of the Agency's awareness of increasing numbers of incidents associated with registered pet spot-on products to control fleas and ticks and a mitigation plan. The analysis consists of a Technical Review Document and Data Evaluation Records for pet spot-on products. The Agency is requesting comment on the necessary mitigation, including how best to effectively implement these measures.

The Environmental Protection Agency (EPA or the Agency) is taking Direct Final action on a number of technical changes that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations that relate to hazardous waste identification, manifesting, the hazardous waste generator requirements, standards for owners and operators of hazardous waste treatment, storage and disposal facilities, standards for the management of specific types of hazardous waste and specific types of hazardous waste management facilities, the land disposal restrictions program, and the hazardous waste permit program. These changes correct existing errors in the hazardous waste regulations that have occurred over time in numerous final rules published in the Federal Register, such as typographical errors, incorrect or outdated citations, and omissions. Some of the corrections are necessary to make conforming changes to all appropriate parts of the RCRA hazardous waste regulations for new rules that have since been promulgated. In addition, these changes clarify existing parts of the hazardous waste regulatory program and update references to Department of Transportation (DOT) regulations that have changed since the publication of various RCRA hazardous waste final rules.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Environmental Quality Issues (EQI) Working Committee will hold a 2-day meeting, beginning on April 26, 2010, and ending April 27, 2010. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

This regulation establishes an exemption from the requirement of a tolerance for residues of tetraethoxysilane, polymer with hexamethyldisiloxane, minimum number average molecular weight (in AMU) 2,500 (CAS Reg. No. 104133-09-7) when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. Wacker Chemical Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of tetraethoxysilane, polymer with hexamethyldisiloxane, on food or feed commodities.

EPA is proposing to amend the general provisions for the Mandatory Greenhouse Gas (GHG) Reporting Rule. The amendments do not change the requirements of the regulation for facilities and suppliers covered by the 2009 final rule. Rather, the amendments are minor changes to the format of several sections of the general provisions to accommodate the addition of new subparts in the future in a simple and clear manner. These changes include updating the language for the schedule for submitting reports and calibrating equipment to recognize that subparts that may be added in the future would have later deadlines. These revisions do not change the requirements for subparts included in the 2009 final rule.

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2008 is available for public review. Annual U.S. emissions for the period of time from 1990 through 2008 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) emissions. The inventory also includes estimates of carbon fluxes in U.S. agricultural and forest lands. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC), and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2008 is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC.

Notice is hereby given that a petition has been received from the State of New York requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waterways of the New York State (NYS) Canal System, including the 524 linear miles of navigable waterways within the Erie, Oswego, Champlain, and Cayuga- Seneca canal segments, and including Onondaga, Oneida, and Cross Lakes. The waters of the proposed No Discharge Zone fall within the jurisdictions of the NYS Thruway Authority and NYS Canal Recreationway Commission.

On or about March 1, 2010, the Office of Air Quality Planning and Standards (OAQPS) of EPA is making available a draft report, Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: First External Review Draft. The EPA is releasing this preliminary draft document to seek early consultation with the Clean Air Scientific Advisory Committee (CASAC) and to solicit public comment on the overall structure and framing of key issues and areas of focus that will be discussed in a future, complete draft policy assessment document.

This regulation amends the current temporary exemption from the requirement of a tolerance for residues of the biochemical pesticide S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1- cyclohex-2-enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid (ABA), to make it a permanent exemption from the requirement of a tolerance for residues of ABA in or on all food commodities when applied or used preharvest as a plant regulator. Valent Biosciences Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that the Agency amend the existing temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of S-Abscisic Acid.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its regulations related to zero emission vehicles (ZEVs) in California. By letter dated September 17, 2009, CARB requested that EPA confirm that its amendments as they affect model years 2008-2011 are within-the-scope of previous waivers of preemption issued by EPA. CARB also requests that EPA confirm that amendments as they affect the 2012 and subsequent model years are also within-the-scope of previous waivers of preemption issued by EPA; or, in the alternative, that EPA grant a new waiver of preemption for these future model years. This notice announces that EPA has tentatively scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its emission standards for fleets that operate nonroad, diesel fueled equipment with engines 25 horsepower (hp) and greater. EPA previously announced an opportunity for public hearing and written comment on CARB's initial request for an authorization of its original regulations (73 FR 58585 (October 7, 2008) and 73 FR 67509 (November 14, 2008)). By this notice EPA is announcing an additional public hearing and a new written comment period.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

EPA is taking several related actions under the Clean Air Act (CAA) affecting the Indiana portion (Lake and Porter Counties) of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 1997 eight-hour ozone nonattainment area. First, EPA is making a determination that this area has attained the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS). In addition, EPA is approving a request from the State of Indiana to exempt sources of Nitrogen Oxides (NOX) in Lake and Porter Counties from CAA Reasonably Available Control Technology (RACT) requirements.

EPA is proposing to approve revisions to the applicable State Implementation Plan (SIP) for the State of Texas which relate to the Permit Renewal Application and Permit Renewal Submittal regulations.

EPA is proposing to approve a site-specific revision to the Minnesota State Implementation Plan (SIP) for particulate matter less than 10 microns (PM10) for Aggregate Industries Yard A Facility in Saint Paul, Ramsey County, Minnesota. On May 19, 2009, the Minnesota Pollution Control Agency requested that EPA approve certain portions of a joint Title I/Title V document into the Minnesota PM10 SIP for this facility. The State is also requesting in this submittal that EPA rescind the Administrative Order issued to J.L. Shiely Company which is currently included in Minnesota's SIP for PM10. The emissions units previously owned by J.L. Shiely Company are now owned by Aggregate Industries. Because the PM10 emission limits are being reduced, the air quality of Ramsey County will be protected.

This notice announces the Agency's issuance, pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), of a registration for the pesticide product Gonacon Immunocontraceptive Vaccine containing an active ingredient not included in any previously registered products.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 26, 2009 through January 22, 2010, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.