Environmental Protection Agency December 22, 2010 – Federal Register Recent Federal Regulation Documents

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open registration review dockets for bitrex, calcium carbonate, diethyl-2- (4-methylbenzyloxy)ethylamine (PT807-HCl), lindane, oleic acid sulfonates, potassium permanganate, and zinc silicate. These pesticides do not currently have any actively registered pesticide products and are not, therefore, scheduled for review under the registration review program. EPA is also announcing the availability of an amended final work plan for the registration review of the pesticide azoxystrobin; this work plan has been amended to incorporate revisions to the data requirements.

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its Sixty-Seventh Report to the Administrator of EPA on November 9, 2010. In the 67th ITC Report, which is included with this notice, the ITC is not making any changes to the TSCA section 4(e) Priority Testing List.

This regulation establishes tolerances for residues of flutolanil in or on Brassica leafy vegetable group 5 and turnip greens. The Interregional Research Project Number 4 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Notice is hereby given that the State of Wisconsin submitted a primacy application for its approved Public Water System Supervision Program. Wisconsin is applying its Interim Enhanced Surface Water Treatment Regulations to all Wisconsin water systems that use surface water and ground water under the influence of surface water as a source, thereby satisfying the requirements of the Long-Term 1 Enhanced Surface Water Treatment Rule. EPA has determined that the State regulations and procedures submitted by the State to EPA for review are no less stringent than the corresponding Federal regulations. Therefore, EPA intends to award primacy to Wisconsin for Long-Term 1 Enhanced Surface Water Treatment Rule implementation. This approval action does not extend to public water systems (PWSs) in Indian Country, as the term is defined in 18 U.S.C. 1151. By approving these rules, EPA does not intend to affect the rights of Federally recognized Indian Tribes in Wisconsin, nor does it intend to limit existing rights of the State of Wisconsin. Any interested party may request a public hearing. A request for a public hearing must be submitted by January 21, 2011, to the Regional Administrator at the EPA Region 5 address shown below. The Regional Administrator may deny frivolous or insubstantial requests for a hearing. However, if a substantial request for a public hearing is made by January 21, 2011, EPA Region 5 will hold a public hearing. If EPA Region 5 does not receive a timely and appropriate request for a hearing and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on January 21, 2011. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

EPA is announcing the availability of a September 16, 2010 petition from Growers for ESA Transparency (``GET''). GET is a coalition of growers throughout the western United States. GET is committed to improving the consultation process for, the transparency of, and accessibility to the Endangered Species Act (ESA). GET is requesting EPA to take immediate action to establish, by rulemaking, clear and equitable procedures for notice and comment on the Agency's pesticide effects determinations for endangered species and subsequent actions, including draft biological opinions and potential product restrictions consistent with section 1010 of the 1988 amendments to the ESA. This petition is similar to the petition filed on January 19, 2010 by DOW AgroSciences LLC, Makhteshim Agan of North America, and Cheminova, Inc. USA requesting EPA to promulgate a rule for amending Endangered Species Protection Bulletins (EPA-HQ-OPP-2010-0474).

EPA has received applications to register pesticide products containing active ingredients not included in any previously registered pesticide products. Pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.