Environmental Protection Agency September 21, 2005 – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities OMB Responses
Document Number: 05-18836
Type: Notice
Date: 2005-09-21
Agency: Department of Protection Agency, Environmental Protection Agency
This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et.seg). 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 are listed in 40 CFR part 9 and 48 CFR chapter 15.
National Oil and Hazardous Substance; Pollution Contingency Plan; National Priorities List
Document Number: 05-18835
Type: Proposed Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
The Environmental Protection Agency, (EPA) Region 5 is issuing a notice of intent to partially delete the East Tailing Area of the Tar Lake Superfund Site (Site) located in Antrim County, Michigan, from the National Priorities List (NPL) and requests public comments on this notice of intent to partially delete. The East Tailing Area, as defined in the Remedial Investigation Report dated August 7, 2000, includes all soil, subsurface soil and groundwater associated with that part of the Tar Lake Superfund Site. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Michigan, through the Michigan Department of Environmental Quality, have determined that all appropriate response actions under CERCLA have been completed. However, this partial deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' Section of today's Federal Register, we are publishing a direct final notice of partial deletion of the East Tailing Area of the Tar Lake Superfund Site without prior notice of intent to partially delete because we view this as a non- controversial revision and anticipate no adverse comment. We have explained our reasons for this partial deletion in the preamble to the direct final notice of partial deletion. If we receive no adverse comment(s) on the direct final notice of partial deletion, we will not take further action. If we receive timely adverse comment(s), we will withdraw the direct final notice of partial deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final partial deletion notice based on adverse comments received on this notice of intent to partially delete. We will not institute a second comment period on this notice of intent to partially delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of partial deletion which is located in the Rules section of this Federal Register.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: 05-18834
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Region 5 is publishing a notice of partial deletion of the East Tailing Area of the Tar Lake Superfund Site (Site), located in, Antrim County Michigan, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, in appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This notice of partial deletion is being published by EPA with the concurrence of the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ). Remedial investigation results in the East Tailing Area of the Tar Lake Site have shown that no threat to public health or the environment exist and, therefore, the taking of remedial measures under CERCLA is not necessary at this time.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Drug Testing for Contract Employees (Renewal), EPA ICR Number 2183.02, OMB Control Number 2030-0044
Document Number: 05-18833
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
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. This ICR is scheduled to expire on 09/30/2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of information collection and its estimated burden and cost.
Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Article 5 Countries
Document Number: 05-18832
Type: Proposed Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
Today's action proposes adjustments to allocations of Article 5 allowances that permit production of Class I ozone depleting substances (ODSs) solely for export to developing countries to meet those countries' basic domestic needs. Today's action proposes adjustments to the baseline Article 5 allowances for companies for specific Class I controlled substances and establishes a schedule for reductions in the Article 5 allowances for these Class I controlled substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) and the Clean Air Act (CAA). Today's proposal also would extend the allocation of Article 5 allowances for the manufacture of methyl bromide solely for export to developing countries beyond January 1, 2005, in accordance with the Montreal Protocol and the CAA.
Inert Ingredients; Revocation of 34 Pesticide Tolerance Exemptions for 31 Chemicals
Document Number: 05-18831
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA is revoking 34 exemptions from the requirement of a tolerance that are associated with 31 inert ingredients because these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations. These ingredients are subject to reassessment by August 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The 34 tolerance exemptions are considered ``reassessed'' for purposes of FFDCA's section 408(q).
Boscalid; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-18830
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'- chloro[1,1'-biphenyl]-2-yl) in or on tangerines. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on mandarin oranges and mandarin hybrids. ``Tangerines'' is the accepted regulatory term used for these crops and a tolerance on tangerines covers both mandarin oranges and mandarin hybrids. This regulation establishes a maximum permissible level for residues of boscalid in this food commodity. The tolerance will expire and is revoked on December 31, 2008.
Lindane; Tolerance Actions
Document Number: 05-18829
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA is revoking specific existing tolerances for the insecticide lindane because, following receipt of registrant requests, the Agency canceled their associated Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrations in the United States.
Iprovalicarb; Pesticide Tolerance
Document Number: 05-18828
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of Iprovalicarb in or on tomatoes. Bayer CropScience AG requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Agency Information Collection Activities: Request for Comments on Sixteen Proposed Information Collection Requests (ICRs)
Document Number: 05-18827
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following sixteen existing, approved, continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB) for the purpose of renewing the ICRs. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collections as described under SUPPLEMENTARY INFORMATION.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Background Checks for Contractor Employees (Renewal), EPA ICR Number 2159.02, OMB Control Number 2030-0043
Document Number: 05-18826
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
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. This ICR is scheduled to expire on 09/30/2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of information collection and its estimated burden and cost.
Reynoutria Sachalinensis Extract; Exemption from the Requirement of a Tolerance
Document Number: 05-18725
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide Reynoutria sachalinensis extract on all food commodities. The Interregional Research Project Number 4 (IR-4), on behalf of KHH Bioscience, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Reynoutria sachalinensis extract.
C8, C10, and C12 Straight-Chain Fatty Acid Monoesters of Glycerol and Propylene Glycol; Amendment to Tolerance Exemption
Document Number: 05-18724
Type: Proposed Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This document proposes to amend an exemption from the requirement of a tolerance for residues of the C8, C10, and C12 straight- chain fatty acid monoesters of glycerol and propylene glycol on all food commodities when applied/used for both pre-harvest and post-harvest purposes. On June 23, 2004, EPA established an exemption from the requirement of a tolerance for these residues but did not expressly approve post-harvest uses in accordance with 40 CFR 180.1(i). Therefore, EPA is proposing this regulation, to amend the existing tolerance exemption to allow for post-harvest uses of C8, C10, and C12 straight-chain fatty acid monoesters of glycerol and propylene glycol in accordance with section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA) as amended by the Food Quality Protection Act of 1996 (FQPA).
Piperonyl Butoxide Revised Risk Assessments; Notice of Availability and Solicitation of Risk Reduction Options
Document Number: 05-18708
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
This notice announces the availability of EPA's revised risk assessments for the insecticide synergist piperonyl butoxide. In addition, this notice solicits public comment on risk reduction options for piperonyl butoxide. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for piperonyl butoxide through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice begins Phase 5 of the 6-Phase public participation process.
MGK®
Document Number: 05-18707
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
This notice announces the availability of EPA's revised risk assessments for the insecticide synergist N-Octyl bicycloheptene dicarboximide (MGK[reg] 264). In addition, this notice solicits public comment on risk reduction options for MGK[reg] 264. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for MGK[reg] 264 through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice begins phase 5 of the 6 phase process.
Ametryn Reregistration Eligibility Decision
Document Number: 05-18706
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide ametryn. The Agency's risk assessments and other related documents also are available in the ametryn Docket. Ametryn is a triazine herbicide used on field corn, popcorn, pineapple, and sugarcane. EPA has reviewed ametryn through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Pyrethrins Revised Risk Assessments, Notice of Availability, and Solicitation of Risk Reduction Options
Document Number: 05-18704
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
This notice announces the availability of EPA's revised risk assessments for the pesticide pyrethrins. In addition, this notice solicits public comment on risk reduction options for pyrethins. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for pyrethrins through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice begins Phase 5 of the 6-Phase process.
Bacillus Thuringiensis Cry34Ab1 and Cry35Ab1 Proteins and the Genetic Material Necessary for Their Production in Corn; Exemption from the Requirement of a Tolerance
Document Number: 05-18582
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic material necessary for their production in corn on corn, field; corn, sweet; and corn, pop when applied/used as a plant-incorporated protectant. Mycogen Seeds c/o Dow AgroSciences LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic material necessary for their production in corn.
Cyhexatin; Tolerance Actions
Document Number: 05-18581
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA is revoking, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), all existing tolerances for residues of the insecticide/acaricide cyhexatin because they do not meet requirements of FFDCA section 408(b)(2). EPA canceled food use registrations for cyhexatin in 1989. Currently, EPA determined that acute dietary risks from use of cyhexatin on commodities for which import tolerances exist exceed the Agency's level of concern. However, EPA also determined that if the only cyhexatin tolerance is for orange juice, there is a reasonable certainty that no harm to any population subgroup will result from exposure to cyhexatin treated oranges. Because manufacturers support a cyhexatin tolerance on orange juice for purposes of importation and the Agency has made a determination of safety for such a tolerance, EPA is establishing, concurrent with the revocation of the citrus fruit group tolerance, an individual time- limited tolerance on orange juice. The regulatory actions in this document contribute toward the Agency's tolerance reassessment requirements of the FFDCA section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances in existence on August 2, 1996. The regulatory actions in this document pertain to the revocation of 41 tolerances which count as tolerance reassessments toward the August, 2006 review deadline.
Aminopyridine, Ammonia, Chloropicrin, Diazinon, Dihydro-5-heptyl-2(3H)-furanone, Dihydro-5-pentyl-2(3H)-furanone, and Vinclozolin; Tolerance Actions
Document Number: 05-18579
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA is revoking specific tolerances and tolerance exemptions for residues of the bird repellent 4-aminopyridine, fungicides ammonia and vinclozolin, and insecticides chloropicrin, diazinon, dihydro-5- heptyl-2(3H)-furanone, and dihydro-5-pentyl-2(3H)-furanone. EPA canceled food use registrations or deleted food uses from registrations following requests for voluntary cancellation or use deletion by the registrants, or non-payment of registration maintenance fees. The regulatory actions in this document contribute toward the Agency's tolerance reassessment requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances in existence on August 2, 1996. The regulatory actions in this document pertain to the revocation of 39 tolerances and tolerance exemptions of which 33 count as tolerance reassessments toward the August, 2006 review deadline.
Flutriafol; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Document Number: 05-18420
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA has received a quarantine exemption request from the Minnesota and South Dakota Departments of Agriculture to use the pesticide product flutriafol (Impact 125SC), (CAS No. 76674-21-0), on soybeans to control Asian soybean rust. The Applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.
Dynamac Corporation; Transfer of Data
Document Number: 05-18419
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be tranferred to Dynamac Corporation in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Dynamac Corporation has been awarded multiple work assignments to perform work for OPP, and access to this information will enable Dynamac Corporation to fulfill the obligations of the contract.
Flusilazole; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Document Number: 05-18418
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA has received a quarantine exemption request from the Minnesota and South Dakota Departments of Agriculture to use the pesticide flusilazole (Punch 3.3EC), CAS No. 85509-19-9, and a flusilazole + famoxadone premix (Charisma 1.7 EC) on soybeans to control Asian soybean rust. 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.
Myclobutanil; Re-Establishment of a Tolerance for Emergency Exemption
Document Number: 05-18417
Type: Rule
Date: 2005-09-21
Agency: Environmental Protection Agency
This regulation re-establishes a time-limited tolerance for combined residues of the fungicide myclobutanil and its metabolite in or on artichoke, globe at 1.0 parts per million (ppm) for an additional 21/89/21/13/23/85/83/8 year period. This tolerance will expire and is revoked on December 31, 2007. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on artichoke, globe. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18.
Metconazole; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Document Number: 05-18350
Type: Notice
Date: 2005-09-21
Agency: Environmental Protection Agency
EPA has received a quarantine exemption request from the Minnesota and South Dakota Departments of Agriculture to use the pesticide metconazole (Caramba 90SL), CAS No. 125116-23-6, and a metconazole + pyraclostrobin co-pack (Headline-Caramba co-pack) on soybeans to control Asian soybean rust. Initially, a metconazole + pyraclostrobin premix product (Operetta 180EC) was also included in this quarantine exemption request. Operetta 180EC was subsequently withdrawn as a section 18 candidate. 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.