Bacillus mycoides isolate J; Receipt of Application for Emergency Exemption for Use on Potato in Montana, Solicitation of Public Comment, 33455-33456 [2012-13348]

Download as PDF Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices EPA Region 4 sent a letter to SC DHEC on May 25, 2012, stating that the 2008 VOC MVEB in the 1997 8-hour ozone RFP plan for the South Carolina portion of the Charlotte bi-state Area, dated August 31, 2007, and supplemented on April 29, 2010, are adequate. EPA posted the availability of the York County MVEB on EPA’s Web site on May 13, 2010, as part of the adequacy process, for the purpose of soliciting comments. The comment period ran from May 13, 2010, through June 14, 2010. EPA’s findings have also been announced on EPA’s conformity Web site: https://www.epa.gov/otaq/ stateresources/index.htm, (once there, click ‘‘Transportation Conformity’’ text icon, then look for ‘‘Adequacy Review of SIP Submissions’’). The adequate VOC MVEB is provided in the following table: (See 69 FR 40004). Please note that an adequacy review is separate from the EPA’s completeness review, and it also should not be used to prejudge EPA’s ultimate approval of the SIP. Even if EPA finds the MVEB adequate, the Agency may later disapprove the SIP. Within 24 months from the effective date of this notice, the transportation partners will need to demonstrate conformity to the new MVEB if the demonstration has not already been made, pursuant to 40 CFR 93.104(e). See 73 FR 4419 (January 24, 2008). Authority: 42 U.S.C. 7401 et seq. Dated: May 29, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 2012–13697 Filed 6–5–12; 8:45 am] BILLING CODE 6560–50–P YORK COUNTY, SOUTH CAROLINA 8-HR ENVIRONMENTAL PROTECTION AGENCY OZONE VOC MVEB [EPA–HQ–OPP–2012–0397; FRL–9351–2] 2008 2008 York County ( partial county) VOC MVEB mstockstill on DSK4VPTVN1PROD with NOTICES VOC 6.053 tons per day. 5,493 kilograms per day Transportation conformity is required by section 176(c) of the Clean Air Act, as amended in 1990. EPA’s conformity rule, 40 CFR part 93, requires that transportation plans, programs and projects conform to state air quality implementation plans and establishes the criteria and procedures for determining whether or not they do. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS. The criteria by which EPA determines whether a SIP’s MVEB are adequate for transportation conformity purposes are outlined in 40 CFR 93.118(e) (4). EPA has described the process for determining the adequacy of submitted SIP budgets in a May 14, 1999, memorandum entitled ‘‘Conformity Guidance on Implementation of March 2, 1999 Conformity Court Decision.’’ EPA has followed this guidance in making this adequacy determination. This guidance is incorporated into EPA’s July 1, 2004, final rulemaking entitled ‘‘Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes’’ VerDate Mar<15>2010 17:24 Jun 05, 2012 Jkt 226001 Bacillus mycoides isolate J; Receipt of Application for Emergency Exemption for Use on Potato in Montana, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received a specific exemption request from the Montana Department of Agriculture to use the pesticide Bacillus mycoides isolate J to treat up to 2,675 acres of potato to control Potato Virus Y (PVY). The applicant proposes the use of a new chemical which has not been registered by the EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption. DATES: Comments must be received on or before June 11, 2012. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2012–0397 by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please SUMMARY: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 33455 follow the instructions at https://www. epa.gov/dockets/contacts.htm. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: Debra Rate, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 306–0309; fax number: (703) 605– 0781; email address: rate.debra@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 an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). 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 this information to EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information 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 E:\FR\FM\06JNN1.SGM 06JNN1 33456 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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. 3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide discussed in this document, compared to the general population. CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that Bacillus mycoides isolate J is needed to treat first and second generation seed potato to control PVY transmitted by aphids. The mode of action of Bacillus mycoides isolate J is to induce the plants systemic acquired resistance (SAR) to disease. In certified seed potato production, the final evaluation on virus levels is determined by conducting a post-harvest test. In Montana, the level of virus must be below 0.5% PVY for planting back for re-certification. The Montana potato industry’s ability to plant sufficient seed acreage in 2012 will be compromised, without the use of Bacillus mycoides isolate J to control PVY. Expected losses without the use of Bacillus mycoides isolate J will approach 30% of the first generation seed potato and 40% of the second generation seed potato. The Applicant proposes to make no more than five applications per year at a rate of 0.3 ounces of active ingredient per acre per application to a maximum of 2,675 acres of potato during the 2012 growing season in the state of Montana. A total of 4,012.5 ounces of Bacillus mycoides isolate J may be used. This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 of FIFRA require publication of a notice of receipt of an application for a specific exemption proposing use of a new chemical (i.e., an active ingredient) which has not been registered by EPA. The notice provides an opportunity for public comment on the application. The Agency, will review and consider all comments received during the comment period in determining whether to issue the specific exemption requested by the Montana Department of Agriculture. II. What Action is the Agency Taking? Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the Administrator determines that emergency conditions exist which require the exemption. Montana Department of Agriculture has requested the Administrator to issue a specific exemption for the use of Bacillus mycoides isolate J on potato to control PVY. Information in accordance with 40 Environmental protection, Pesticides and pests. VerDate Mar<15>2010 17:24 Jun 05, 2012 Jkt 226001 List of Subjects Dated: May 22, 2012. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2012–13348 Filed 6–5–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–9682–4] Public Water Supply Supervision Program; Program Revision for the State of Washington Environmental Protection Agency (EPA). ACTION: Notice of Tentative Approval. AGENCY: Notice is hereby given that the State of Washington has revised its approved State Public Water Supply Supervision Primacy Program. Washington has adopted regulations analogous to EPA’s Lead and Copper Short-Term Regulatory Revisions and Clarifications Rule. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these State program revisions. By approving these rules, EPA does not intend to affect the rights of federally recognized Indian tribes within ‘‘Indian country’’ as defined by 18 U.S.C. 1151, nor does it intend to limit existing rights of the State of Washington. DATES: All interested parties may request a public hearing. A request for a public hearing must be submitted by July 6, 2012 to the Regional Administrator at the EPA address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by July 6, 2012, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on July 6, 2012. Any request for a public hearing shall include the following information: (1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; (2) 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; (3) 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. ADDRESSES: All documents relating to this determination are available for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at the Washington Department of Health—Office of Drinking Water, SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33455-33456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13348]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0397; FRL-9351-2]


Bacillus mycoides isolate J; Receipt of Application for Emergency 
Exemption for Use on Potato in Montana, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received a specific exemption request from the Montana 
Department of Agriculture to use the pesticide Bacillus mycoides 
isolate J to treat up to 2,675 acres of potato to control Potato Virus 
Y (PVY). The applicant proposes the use of a new chemical which has not 
been registered by the EPA. EPA is soliciting public comment before 
making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before June 11, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0397 by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001.
    Hand Delivery: To make special arrangements for hand delivery or 
delivery of boxed information, please follow the instructions at https://www.epa.gov/dockets/contacts.htm. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Debra Rate, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0309; fax number: (703) 605-0781; email address: 
rate.debra@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 an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information 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

[[Page 33456]]

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.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. Montana Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of Bacillus mycoides isolate J on potato to 
control PVY. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the applicant asserts that Bacillus 
mycoides isolate J is needed to treat first and second generation seed 
potato to control PVY transmitted by aphids. The mode of action of 
Bacillus mycoides isolate J is to induce the plants systemic acquired 
resistance (SAR) to disease. In certified seed potato production, the 
final evaluation on virus levels is determined by conducting a post-
harvest test. In Montana, the level of virus must be below 0.5% PVY for 
planting back for re-certification. The Montana potato industry's 
ability to plant sufficient seed acreage in 2012 will be compromised, 
without the use of Bacillus mycoides isolate J to control PVY. Expected 
losses without the use of Bacillus mycoides isolate J will approach 30% 
of the first generation seed potato and 40% of the second generation 
seed potato.
    The Applicant proposes to make no more than five applications per 
year at a rate of 0.3 ounces of active ingredient per acre per 
application to a maximum of 2,675 acres of potato during the 2012 
growing season in the state of Montana. A total of 4,012.5 ounces of 
Bacillus mycoides isolate J may be used.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
specific exemption proposing use of a new chemical (i.e., an active 
ingredient) which has not been registered by EPA. The notice provides 
an opportunity for public comment on the application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemption requested by the Montana Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 22, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-13348 Filed 6-5-12; 8:45 am]
BILLING CODE 6560-50-P
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