Environmental Protection Agency January 27, 2006 – Federal Register Recent Federal Regulation Documents

This notice announces the initial filing of a pesticide petition proposing the amendment of a regulation for residues of the insecticide imidacloprid (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2- imidazolidinimine) and its metabolites containing the 6-chloropyridinyl moiety, all expressed as 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2- imidazolidinimine in or on oats and rye commodities.

EPA expressed concerns about adverse impacts from sheep grazing to soils and vegetation. Rating EC2.

EPA is proposing to approve a revision to the New Mexico State Implementation Plan (SIP). This revision satisfies the New Source Review (NSR) and monitoring plan requirements for visibility, otherwise known as the ``Phase I, Part I Visibility SIP.;'' In addition, this revision includes the implementation control strategies, integral vistas protection, and long term strategies, otherwise known as the ``Phase I, Part II Visibility SIP.'' Lastly, EPA is proposing to remove the SIP disapprovals associated with Phase I, Parts I and II, and the resultant Federal Implementation Plans (FIPs).

Due to the receipt of an adverse comment, the EPA is removing the November 25, 2005 (70 FR 70999), direct final rule approving revisions to Indiana's sulfur dioxide (SO2) state implementation plan (SIP) for sources located in Dearborn County. These revisions to the SIP include: Revising SO2 emission limits for existing sources, making minor corrections by removing obsolete rule language, and updating information for sources listed in the rule. In the direct final rule, EPA stated that if adverse comments were submitted by December 27, 2005, the rule would be withdrawn and not take effect. On December 2, 2005, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is removing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on November 25, 2005 (70 FR 71071). EPA will not institute a second comment period on this action.

This action revises the regulations governing emergency exemptions that allow unregistered uses of pesticides to address emergency pest conditions for a limited time. One change provides applicants for certain repeat exemptions a simple way to re-certify that the emergency conditions that qualified for an exemption in a previous year continue to exist. Another change revises the criteria for determining when a potential emergency condition is expected to cause a significant economic loss and revises the data requirements for documenting the loss. These revisions streamline and improve the application and review process by reducing the burden to both applicants and the Environmental Protection Agency (EPA, or ``the Agency''), allowing for potentially quicker decisions by the Agency, and providing for consistent and equitable determinations of ``significant economic loss`` as the basis for an emergency. This action also includes several minor revisions to the regulations. None of these various improvements compromise protections for human health and the environment.