Pesticide Management and Disposal; Standards for Pesticide Containers and Containment; Proposed Change to Labeling Compliance Date, 33744-33747 [2010-14401]
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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Proposed Rules
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 156
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0358 to read as
follows:
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(a) Location. The following area is a
temporary safety zone: All waters of
Lake Erie within a 300-yard radius of
the fireworks launch site located at
position 41°34′20″ N, 082°51′18″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Effective Period. This regulation is
effective from 9:30 p.m. through 10 p.m.
on August 13, 2010. The safety zone
will be enforced from 9:30 p.m. to
10 p.m. on August 13, 2010.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Detroit, or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the Captain
of the Port or his on-scene
representative.
[FR Doc. 2010–14295 Filed 6–14–10; 8:45 am]
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RIN 2070–AJ74
Pesticide Management and Disposal;
Standards for Pesticide Containers
and Containment; Proposed Change to
Labeling Compliance Date
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
§ 165.T09–0358 Safety Zone; Tracey/
Thompson Wedding, Lake Erie, Catawba
Island, OH
Dated: May 24, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[EPA–HQ–OPP–2005–0327; FRL–8830–8]
SUMMARY: EPA is proposing to amend
the pesticide container and containment
regulations to provide a 1–year
extension of the 40 CFR 156.159
labeling compliance date from August
16, 2010 to August 16, 2011. This
change is being proposed to address
concerns raised by stakeholders and as
a result of further Agency consideration.
DATES: Comments must be received on
or before July 15, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0327, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2005–
0327. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
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‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Nancy Fitz, Field and External Affairs
Division (FEAD) (7506P), Office of
Pesticide Programs (OPP),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7385; fax number: (703) 308–
2962; e-mail address:
fitz.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are a pesticide
formulator. Potentially affected entities
may include, but are not limited to:
• Pesticide formulators (NAICS code
32532), e.g., establishments that
formulate and prepare insecticides,
fungicides, herbicides or other
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pesticides from technical chemicals or
concentrates produced by pesticide
manufacturing establishments.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
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B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit CBI
to EPA through regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI in a disk or CD-ROM that you
mail to EPA, mark the outside of the
disk or CD-ROM as CBI and then
identify electronically within the disk or
CD-ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
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viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
On August 16, 2006, EPA
promulgated a final rule titled ‘‘Pesticide
Management and Disposal; Standards
for Pesticide Containers and
Containment’’ (71 FR 47330) (container
and containment rule), establishing 40
CFR part 165 and amending 40 CFR part
156. The container and containment
rule established regulations for the safe
storage and disposal of pesticides to
reduce the likelihood of unreasonable
adverse effects on human health and the
environment. The container and
containment regulations include
requirements for pesticide container
design; procedures, standards, and label
language to facilitate removal of
pesticides from containers prior to their
being used, recycled, or discarded; and
requirements for containment of
stationary pesticide containers and
procedures for container refilling
operations. The 2006 rule required that
all pesticide products distributed or
sold by a registrant as of August 16,
2009, bear labels that comply with the
rule’s label language requirements (40
CFR 156.159). On October 29, 2008,
EPA promulgated a final rule that made
various amendments to the container
and containment rule, including
extending the original labeling
compliance date from August 16, 2009
to August 16, 2010.
Specifically, 40 CFR part 156, subpart
H, titled ‘‘Container Labeling,’’ requires
the following information or statements
on certain pesticide product labels:
• A statement identifying the
container as nonrefillable or refillable.
• On nonrefillable containers,
statements providing basic instructions
for managing the container and a batch
code.
• Cleaning instructions for some
nonrefillable containers.
• Cleaning instructions for refillable
containers at the end of their useful
lives.
In addition, the container and
containment rule modified several
existing requirements in 40 CFR 156.10,
including allowing for blank spaces on
the labels of some refillable containers
for the net contents and EPA
establishment number, and adding a
reference to the container and
containment regulations in 40 CFR part
156, subpart H.
The 2008 rule that amended the
container and containment rule by
extending the original labeling
compliance date to August 16, 2010,
also changed the phrase ‘‘sold or
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distributed’’ to ‘‘released for shipment’’
as associated with all of the compliance
dates, and made several other changes
to the label requirements and various
minor editorial changes.
III. What is the Agency’s Authority for
Taking this Action?
These proposed regulations are issued
pursuant to the authority given the
Administrator of EPA in sections 2
through 34 of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136–136y. Sections
19(e) and (f) of FIFRA, 7 U.S.C. 136a(e)
and (f), grant EPA broad authority to
establish standards and procedures to
assure the safe use, reuse, storage, and
disposal of pesticide containers. FIFRA
section 19(e) requires EPA to
promulgate regulations for the design of
pesticide containers that will promote
the safe storage and disposal of
pesticides. FIFRA section 19(f) requires
EPA to promulgate regulations
prescribing procedures and standards
for the removal of pesticides from
containers prior to disposal. FIFRA
section 25(a), 7 U.S.C. 136w(a),
authorizes EPA to issue regulations to
carry out provisions of FIFRA.
IV. What Action is the Agency Taking?
EPA is proposing to amend the
container and containment regulations
to provide a 1–year extension of the 40
CFR 156.159 labeling compliance date
from August 16, 2010 to August 16,
2011. This change is being proposed to
address concerns raised by stakeholders
and as a result of further Agency
consideration.
Accomplishing the label amendments
required in 40 CFR part 156 subpart H
is a multistep process. Registrants must
identify the changes appropriate for
their particular products and apply to
EPA for an amended registration. EPA
must review the proposed changes and
determine whether they are consistent
with the regulations, and advise the
registrant of the Agency’s findings. If the
EPA approves the changes, the
registrant must then seek approval of
the various state pesticide regulatory
agencies. Upon approval of the state
agencies, the registrant must have the
new labels printed and applied to its
products.
In March 2010, EPA was contacted by
stakeholders with concerns about being
able to have all labels changed by the
label compliance date of August 16,
2010. Some registrants have asserted
that they will not have sufficient time to
change all labels for pesticides that are
released for shipment after August 16,
2010 despite efforts by registrants,
EPA’s Office of Pesticide Programs
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(OPP) and state agencies. The time
constraints are due to several factors,
including:
• More antimicrobial product labels
than expected require alternate rinsing
instructions, rather than the standard
text in the regulations. Therefore, these
amendments cannot be made by
notification, and require more time
consuming reviews by EPA.
• EPA’s position on the appropriate
container-related statements
(particularly rinsing and treatment of
rinsate) for certain pesticides has
changed over time as a result of
experience with product-by-product
label reviews. This has resulted in
reconsideration of some decisions, and
has caused some confusion in the
regulated community.
• The length of time for states to
review and approve labels is understood
to be increasing due to the furlough
days for staff in some states and staffing
reductions due to budget shortfalls.
EPA has concluded that there is
insufficient time to change all labels by
August 16, 2010. Since registrants can
decide which registered products they
wish to market at any given time, the
Agency does not have a precise count of
the total number of label changes that
ultimately will be submitted to EPA for
review. However, based upon a review
of recent Agency actions and
discussions with registrants, EPA
estimates that the majority of label
changes already have been submitted
and approved. On the other hand, EPA
estimates that there are at least 1,000
labels and potentially several thousand
remaining pesticide product labels that
EPA still needs to review. Even if all of
those applications were submitted
immediately, there would not be enough
time for the label changes to be
approved by EPA and the states,
printed, and applied to all products that
will be released for shipment after
August 16, 2010.
Because EPA actions contributed to
the large number of outstanding label
changes, EPA is proposing to extend the
compliance date in §156.159 by 1 year,
so that pesticide products released for
shipment by a registrant after August 16,
2011 would have to bear a label that
complies with the container
requirements. EPA believes that one
additional year will provide enough
time for EPA and the states to review
the label changes and for registrants to
incorporate the changes into their
labels, provided that all applications are
submitted soon. This is based on an
evaluation of the resources and the time
it would take for EPA to undertake a
concerted effort to complete the review
of these remaining labels and
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discussions with State regulatory
agencies who estimated a range of 3 to
6 months for them to review and
approve the label revisions. EPA
believes that a longer extension is
unjustified because the rule was
published 4 years ago so registrants
have had a reasonable amount of time
to prepare and submit their label
modification requests and because EPA
has already extended the deadline by 1
year.
Because this proposed 1–year
extension could not become final and
effective before the current compliance
date of August 16, 2010, EPA is also
issuing in today’s Federal Register a
final rule providing for a 4–month
extension of the §156.159 compliance
date. EPA believes that 4 months will be
sufficient to allow this proposed rule to
become final and effective, and will
avoid the temporary removal of a
significant number of pesticides from
the market while the rulemaking
process for this 1–year extension is
completed.
While this rulemaking process moves
forward, pesticide registrants should
continue to submit applications for label
changes for their products prior to the
current deadline of August 16, 2010.
EPA will give priority to applications
submitted prior to August 16, 2010,
with the goal of processing them to
allow sufficient time for the registrant to
obtain state approvals of the new
labeling by the revised compliance date.
Applications submitted after August 16,
2010 will be processed on a non-priority
basis only after all applications
submitted prior to that date have been
processed. Registrants should carefully
consider this and the timing of their
submission to ensure that they have
sufficient time to obtain state approvals
by the revised compliance date.
V. FIFRA Mandated Reviews
In accordance with FIFRA section
25(a) and (d), the Agency submitted a
draft of this proposed rule to the
Committee on Agriculture in the House
of Representatives, the Committee on
Agriculture, Nutrition, and Forestry in
the United States Senate, the Secretary
of Agriculture, and the FIFRA Scientific
Advisory Panel (SAP). The SAP and the
Secretary of Agriculture waived review
of this proposed rule.
VI. Statutory and Executive Order
Reviews
This action only proposes to amend
an existing regulation to extend the
current compliance date, it does not
otherwise propose to amend or impose
any other requirements. As such, this
action is not subject to review by the
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Office of Management and Budget
(OMB) as a ‘‘significant regulatory
action’’ under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Nor does it impose or change any
information collection burden that
requires additional review by OMB
under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The information collection
activities contained in the regulations
are already approved under OMB
control number 2070–0133 (EPA ICR
No. 1632). An agency may not conduct
or sponsor, and a person is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
Pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency hereby
certifies that this proposed rule does not
have a significant adverse economic
impact on a substantial number of small
entities. The proposed extension of the
compliance date is not expected to have
any adverse economic impacts on
affected entities, regardless of their size.
In general, EPA strives to minimize
potential adverse impacts on small
entities when developing regulations to
achieve the environmental and human
health protection goals of the statute
and the Agency. EPA solicits comments
specifically about potential small
business impacts.
State, local, and tribal governments
are rarely pesticide applicants or
registrants, so this proposed rule is not
expected to affect these governments.
Accordingly, pursuant to Title II of the
Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1531–1538), EPA has
determined that this action is not
subject to the requirements in sections
202 and 205 because it does not contain
a Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
in the aggregate, or for the private sector
in any one year. In addition, this action
does not significantly or uniquely affect
small governments or impose a
significant intergovernmental mandate,
as described in sections 203 and 204 of
UMRA. For the same reasons, EPA has
determined that this proposed rule does
not have ‘‘federalism implications’’ as
specified in Executive Order 13132,
entitled Federalism (64 FR 43255,
August 10, 1999), because it would not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
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levels of government, as specified in the
Order. Thus, Executive Order 13132
does not apply to this proposed rule.
Nor does it have ‘‘tribal implications’’ as
specified in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
22951, November 9, 2000). EPA is not
aware of any tribal governments which
are pesticide registrants. Thus,
Executive Order 13175 does not apply
to this action.
Since this action is not economically
significant under Executive Order
12866, it is not subject to Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), and Executive Order
13211, entitled Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001). In addition,
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern health or safety
risks, which is not the case in this
proposed rule.
This action does not involve technical
standards that would require the
consideration of voluntary consensus
standards pursuant to section 12(d) of
the National Technology Transfer and
Advancement Act (NTTAA) (15 U.S.C.
272).
This action does not have an adverse
impact on the environmental and health
conditions in low-income and minority
communities. Therefore, this action
does not involve special consideration
of environmental justice related issues
as specified in Executive Order 12898,
entitled Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
List of Subjects in 40 CFR Part 156
Environmental protection, Labeling,
Pesticides and pests.
Dated: June 9, 2010.
Lisa P. Jackson,
Administrator.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
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PART 156—[AMENDED]
1. The authority citation for part 156
continues to read as follows:
Authority: 7 U.S.C. 136 through 136y.
2. Revise § 156.159 to read as follows:
§ 156.159
Compliance date.
Any pesticide product released for
shipment by a registrant after August 16,
2011 must bear a label that complies
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with §§ 156.10(d)(7), 156.10(f),
156.10(i)(2)(ix), 156.140, 156.144,
156.146 and 156.156.
[FR Doc. 2010–14401 Filed 6–14–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA–R10–OW–2006–0409; FRL–9161–6]
Ocean Dumping; Correction of
Typographical Error in 2006 Federal
Register Final Rule for Designation of
Ocean Dredged Material Disposal Site
at Coos Bay, OR, Site F; Restoration of
Coordinates for Ocean Dredged
Material Disposal Site at Coos Bay,
OR, Site H
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA proposes to correct
a typographical error in the Final Rule
for the Ocean Dumping; De-designation
of Ocean Dredged Material Disposal Site
and Designation of New Site near Coos
Bay, Oregon.
DATES: Send written comments by July
15, 2010.
ADDRESSES: Send written comments to
Jessica Winkler, U.S. Environmental
Protection Agency, Region 10, Office of
Ecosystems, Tribal and Public Affairs
(ETPA–088), Environmental Review and
Sediment Management Unit, 1200 Sixth
Avenue, Suite 900, Seattle, Washington
98101, phone number: (206) 553–7369,
e-mail: winkler.jessica@epa.gov. You
may also submit comments
electronically; please follow the detailed
instructions in the ADDRESSES section of
the direct final rule which is located in
the Rules section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Jessica Winkler, U.S. Environmental
Protection Agency, Region 10, Office of
Ecosystems, Tribal and Public Affairs
(ETPA–088), Environmental Review and
Sediment Management Unit, 1200 Sixth
Avenue, Suite 900, Seattle, Washington
98101, phone number: (206) 553–7369,
e-mail: winkler.jessica@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of this
Federal Register, the EPA is correcting
the currently codified coordinates for
Site F at 40 CFR 228.15(n)(3) with the
coordinates EPA inadvertently, through
a typographical error, named 40 CFR
228.15(n)(4) at 71 FR 27396 (May 11,
2006). The EPA is also restoring the
coordinates for Site H at 40 CFR
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33747
228.15(n)(4) which were overwritten
through the EPA’s typographical error.
The EPA did not make a proposal prior
to the direct final rule because we
believe these actions are not
controversial and do not expect
comments that oppose them. We have
explained the reasons for this action in
the preamble to the direct final rule.
Unless we get written comments which
oppose this action during the comment
period, the direct final rule will become
effective on the date established in the
preamble to the direct final rule, and we
will not take further action on this
proposal. If we get comments that
oppose this action, we will withdraw
the direct final rule and it will not take
effect. We will then respond to public
comments in a later final rule based on
this proposal. You may not have another
opportunity for comment. If you want to
comment on this action, you must do so
at this time. For additional information,
please see the direct final rule published
in the ‘‘Rules and Regulations’’ section of
this Federal Register.
Authority: This action is issued under the
authority of Section 102 of the Marine
Protection, Research, and Sanctuaries Act, 33
U.S.C. 1401, 1411, 1412.
Dated: June 3, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010–14241 Filed 6–14–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1999–0013; FRL–9162–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Notice of
Intent for Partial Deletion of the Many
Diversified Interests, Inc. Superfund
Site
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) Region 6 is issuing a
Notice of Intent to Delete the soils of
Operable Unit 1 and the underlying
ground water of the approximately 8acre western portion of Operable Unit 1
of the Many Diversified Interests, Inc.
(MDI) Superfund Site located in
Houston, Texas, from the National
Priorities List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to section
105 of the Comprehensive
E:\FR\FM\15JNP1.SGM
15JNP1
Agencies
[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Proposed Rules]
[Pages 33744-33747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14401]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 156
[EPA-HQ-OPP-2005-0327; FRL-8830-8]
RIN 2070-AJ74
Pesticide Management and Disposal; Standards for Pesticide
Containers and Containment; Proposed Change to Labeling Compliance Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the pesticide container and
containment regulations to provide a 1-year extension of the 40 CFR
156.159 labeling compliance date from August 16, 2010 to August 16,
2011. This change is being proposed to address concerns raised by
stakeholders and as a result of further Agency consideration.
DATES: Comments must be received on or before July 15, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0327, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0327. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs
Division (FEAD) (7506P), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-7385; fax
number: (703) 308-2962; e-mail address: fitz.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a
pesticide formulator. Potentially affected entities may include, but
are not limited to:
Pesticide formulators (NAICS code 32532), e.g.,
establishments that formulate and prepare insecticides, fungicides,
herbicides or other
[[Page 33745]]
pesticides from technical chemicals or concentrates produced by
pesticide manufacturing establishments.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
On August 16, 2006, EPA promulgated a final rule titled ``Pesticide
Management and Disposal; Standards for Pesticide Containers and
Containment'' (71 FR 47330) (container and containment rule),
establishing 40 CFR part 165 and amending 40 CFR part 156. The
container and containment rule established regulations for the safe
storage and disposal of pesticides to reduce the likelihood of
unreasonable adverse effects on human health and the environment. The
container and containment regulations include requirements for
pesticide container design; procedures, standards, and label language
to facilitate removal of pesticides from containers prior to their
being used, recycled, or discarded; and requirements for containment of
stationary pesticide containers and procedures for container refilling
operations. The 2006 rule required that all pesticide products
distributed or sold by a registrant as of August 16, 2009, bear labels
that comply with the rule's label language requirements (40 CFR
156.159). On October 29, 2008, EPA promulgated a final rule that made
various amendments to the container and containment rule, including
extending the original labeling compliance date from August 16, 2009 to
August 16, 2010.
Specifically, 40 CFR part 156, subpart H, titled ``Container
Labeling,'' requires the following information or statements on certain
pesticide product labels:
A statement identifying the container as nonrefillable or
refillable.
On nonrefillable containers, statements providing basic
instructions for managing the container and a batch code.
Cleaning instructions for some nonrefillable containers.
Cleaning instructions for refillable containers at the end
of their useful lives.
In addition, the container and containment rule modified several
existing requirements in 40 CFR 156.10, including allowing for blank
spaces on the labels of some refillable containers for the net contents
and EPA establishment number, and adding a reference to the container
and containment regulations in 40 CFR part 156, subpart H.
The 2008 rule that amended the container and containment rule by
extending the original labeling compliance date to August 16, 2010,
also changed the phrase ``sold or distributed'' to ``released for
shipment'' as associated with all of the compliance dates, and made
several other changes to the label requirements and various minor
editorial changes.
III. What is the Agency's Authority for Taking this Action?
These proposed regulations are issued pursuant to the authority
given the Administrator of EPA in sections 2 through 34 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136-136y.
Sections 19(e) and (f) of FIFRA, 7 U.S.C. 136a(e) and (f), grant EPA
broad authority to establish standards and procedures to assure the
safe use, reuse, storage, and disposal of pesticide containers. FIFRA
section 19(e) requires EPA to promulgate regulations for the design of
pesticide containers that will promote the safe storage and disposal of
pesticides. FIFRA section 19(f) requires EPA to promulgate regulations
prescribing procedures and standards for the removal of pesticides from
containers prior to disposal. FIFRA section 25(a), 7 U.S.C. 136w(a),
authorizes EPA to issue regulations to carry out provisions of FIFRA.
IV. What Action is the Agency Taking?
EPA is proposing to amend the container and containment regulations
to provide a 1-year extension of the 40 CFR 156.159 labeling compliance
date from August 16, 2010 to August 16, 2011. This change is being
proposed to address concerns raised by stakeholders and as a result of
further Agency consideration.
Accomplishing the label amendments required in 40 CFR part 156
subpart H is a multistep process. Registrants must identify the changes
appropriate for their particular products and apply to EPA for an
amended registration. EPA must review the proposed changes and
determine whether they are consistent with the regulations, and advise
the registrant of the Agency's findings. If the EPA approves the
changes, the registrant must then seek approval of the various state
pesticide regulatory agencies. Upon approval of the state agencies, the
registrant must have the new labels printed and applied to its
products.
In March 2010, EPA was contacted by stakeholders with concerns
about being able to have all labels changed by the label compliance
date of August 16, 2010. Some registrants have asserted that they will
not have sufficient time to change all labels for pesticides that are
released for shipment after August 16, 2010 despite efforts by
registrants, EPA's Office of Pesticide Programs
[[Page 33746]]
(OPP) and state agencies. The time constraints are due to several
factors, including:
More antimicrobial product labels than expected require
alternate rinsing instructions, rather than the standard text in the
regulations. Therefore, these amendments cannot be made by
notification, and require more time consuming reviews by EPA.
EPA's position on the appropriate container-related
statements (particularly rinsing and treatment of rinsate) for certain
pesticides has changed over time as a result of experience with
product-by-product label reviews. This has resulted in reconsideration
of some decisions, and has caused some confusion in the regulated
community.
The length of time for states to review and approve labels
is understood to be increasing due to the furlough days for staff in
some states and staffing reductions due to budget shortfalls.
EPA has concluded that there is insufficient time to change all
labels by August 16, 2010. Since registrants can decide which
registered products they wish to market at any given time, the Agency
does not have a precise count of the total number of label changes that
ultimately will be submitted to EPA for review. However, based upon a
review of recent Agency actions and discussions with registrants, EPA
estimates that the majority of label changes already have been
submitted and approved. On the other hand, EPA estimates that there are
at least 1,000 labels and potentially several thousand remaining
pesticide product labels that EPA still needs to review. Even if all of
those applications were submitted immediately, there would not be
enough time for the label changes to be approved by EPA and the states,
printed, and applied to all products that will be released for shipment
after August 16, 2010.
Because EPA actions contributed to the large number of outstanding
label changes, EPA is proposing to extend the compliance date in
Sec. 156.159 by 1 year, so that pesticide products released for
shipment by a registrant after August 16, 2011 would have to bear a
label that complies with the container requirements. EPA believes that
one additional year will provide enough time for EPA and the states to
review the label changes and for registrants to incorporate the changes
into their labels, provided that all applications are submitted soon.
This is based on an evaluation of the resources and the time it would
take for EPA to undertake a concerted effort to complete the review of
these remaining labels and discussions with State regulatory agencies
who estimated a range of 3 to 6 months for them to review and approve
the label revisions. EPA believes that a longer extension is
unjustified because the rule was published 4 years ago so registrants
have had a reasonable amount of time to prepare and submit their label
modification requests and because EPA has already extended the deadline
by 1 year.
Because this proposed 1-year extension could not become final and
effective before the current compliance date of August 16, 2010, EPA is
also issuing in today's Federal Register a final rule providing for a
4-month extension of the Sec. 156.159 compliance date. EPA believes
that 4 months will be sufficient to allow this proposed rule to become
final and effective, and will avoid the temporary removal of a
significant number of pesticides from the market while the rulemaking
process for this 1-year extension is completed.
While this rulemaking process moves forward, pesticide registrants
should continue to submit applications for label changes for their
products prior to the current deadline of August 16, 2010. EPA will
give priority to applications submitted prior to August 16, 2010, with
the goal of processing them to allow sufficient time for the registrant
to obtain state approvals of the new labeling by the revised compliance
date. Applications submitted after August 16, 2010 will be processed on
a non-priority basis only after all applications submitted prior to
that date have been processed. Registrants should carefully consider
this and the timing of their submission to ensure that they have
sufficient time to obtain state approvals by the revised compliance
date.
V. FIFRA Mandated Reviews
In accordance with FIFRA section 25(a) and (d), the Agency
submitted a draft of this proposed rule to the Committee on Agriculture
in the House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry in the United States Senate, the Secretary of
Agriculture, and the FIFRA Scientific Advisory Panel (SAP). The SAP and
the Secretary of Agriculture waived review of this proposed rule.
VI. Statutory and Executive Order Reviews
This action only proposes to amend an existing regulation to extend
the current compliance date, it does not otherwise propose to amend or
impose any other requirements. As such, this action is not subject to
review by the Office of Management and Budget (OMB) as a ``significant
regulatory action'' under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Nor does it impose
or change any information collection burden that requires additional
review by OMB under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). The information collection activities
contained in the regulations are already approved under OMB control
number 2070-0133 (EPA ICR No. 1632). An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that this proposed
rule does not have a significant adverse economic impact on a
substantial number of small entities. The proposed extension of the
compliance date is not expected to have any adverse economic impacts on
affected entities, regardless of their size. In general, EPA strives to
minimize potential adverse impacts on small entities when developing
regulations to achieve the environmental and human health protection
goals of the statute and the Agency. EPA solicits comments specifically
about potential small business impacts.
State, local, and tribal governments are rarely pesticide
applicants or registrants, so this proposed rule is not expected to
affect these governments. Accordingly, pursuant to Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531-1538), EPA has
determined that this action is not subject to the requirements in
sections 202 and 205 because it does not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or for the private sector in
any one year. In addition, this action does not significantly or
uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of
UMRA. For the same reasons, EPA has determined that this proposed rule
does not have ``federalism implications'' as specified in Executive
Order 13132, entitled Federalism (64 FR 43255, August 10, 1999),
because it would not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various
[[Page 33747]]
levels of government, as specified in the Order. Thus, Executive Order
13132 does not apply to this proposed rule. Nor does it have ``tribal
implications'' as specified in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
22951, November 9, 2000). EPA is not aware of any tribal governments
which are pesticide registrants. Thus, Executive Order 13175 does not
apply to this action.
Since this action is not economically significant under Executive
Order 12866, it is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), and Executive Order 13211, entitled
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). In addition, EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that concern health or safety risks, which is not the case in
this proposed rule.
This action does not involve technical standards that would require
the consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
(15 U.S.C. 272).
This action does not have an adverse impact on the environmental
and health conditions in low-income and minority communities.
Therefore, this action does not involve special consideration of
environmental justice related issues as specified in Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
List of Subjects in 40 CFR Part 156
Environmental protection, Labeling, Pesticides and pests.
Dated: June 9, 2010.
Lisa P. Jackson,
Administrator.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 156--[AMENDED]
1. The authority citation for part 156 continues to read as
follows:
Authority: 7 U.S.C. 136 through 136y.
2. Revise Sec. 156.159 to read as follows:
Sec. 156.159 Compliance date.
Any pesticide product released for shipment by a registrant after
August 16, 2011 must bear a label that complies with Sec. Sec.
156.10(d)(7), 156.10(f), 156.10(i)(2)(ix), 156.140, 156.144, 156.146
and 156.156.
[FR Doc. 2010-14401 Filed 6-14-10; 8:45 am]
BILLING CODE 6560-50-S