Environmental Protection Agency March 8, 2006 – Federal Register Recent Federal Regulation Documents

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 February 28, 2006. 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 the information collection and its estimated burden and cost.

This notice announces receipt of an application 72821-EUP-1 from BHN Research requesting an experimental use permit (EUP) for the plant-incorporated protectant Bacillus thuringiensis subsp kurstaki (Cry1A(c)) in tomatoes. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting (via conference call) of the Board of Scientific Counselors (BOSC) Science to Achieve Results (STAR)/Greater Research Opportunities (GRO) Fellowship Subcommittee.

EPA is proposing to update and revise its data requirements for the registration of microbial and biochemical pesticide products to reflect current scientific knowledge. These proposed revisions are intended to provide EPA with data and other information necessary to support the registration of a biochemical and microbial pesticide product, and will improve the Agency's ability to make regulatory decisions about the human health and environmental effects of these pesticide products. EPA is also proposing to update the definitions of a biochemical pesticide and a microbial pesticide to more accurately describe these categories of pesticides, and to make a conforming change to the definition of microbial pesticide. EPA is announcing its policy to provide assistance to applicants when needed in determining what data are appropriate to support registration of a biochemical or microbial pesticide and encouraging applicants to request pre- submission meetings to discuss these data issues. EPA is announcing its intent to provide assistance to applicants in some narrow circumstances in preparation of an applicant's data waiver.

The Resource Conservation and Recovery Act, as amended (RCRA), allows EPA to authorize State hazardous waste management programs if EPA finds that such programs are equivalent and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities as authorized provisions of the State's program. This final rule revises the codification of the Montana authorized program. In addition, today's document corrects errors made in the September 30, 2005 Federal Register authorization document for Montana.

This regulation establishes tolerances for residues of flumiclorac pentyl in or on undelinted cottonseed and cotton gin byproducts. Valent U.S.A. Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

On April 18, 2000, EPA published a proposed rule (65 FR 20788) to approve reasonably available control technology (RACT) determinations submitted by the Pennsylvania Department of Environmental Protection (DEP) for twenty-six major sources of nitrogen oxides (NOX) and/or volatile organic compounds (VOC). In separate final rules, EPA has already approved the RACT determinations for ten of the twenty-six sources covered by the April 18, 2000 proposed rule. In the rules portion of today's Federal Register, EPA is approving the RACT determinations for an additional thirteen of twenty- six sources covered by the April 18, 2000 proposed rule. EPA is hereby withdrawing its April 18, 2000 proposed rule with regard to the remaining three sources. The April 18, 2000 (65 FR 20788) proposed rule is being withdrawn with regard to Doverspike Brothers Coal Co., Hedstrom Corporation, and the thermal coal dryers at EME Homer City, LP. These three formerly RACT-subject sources have been permanently shut down and the Pennsylvania DEP has indicated to EPA that no RACT need be approved for them.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of azoxystrobin and its Z-isomer in or on various commodities.

This regulation establishes tolerances for residues of Spinosad in/on the following commodities: Alfalfa seed; alfalfa seed screenings; banana; food commodities; animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; peanut, hay; vegetable, bulb, group 3, except green onion; onion, green; grass, forage, fodder and hay, group 17, forage; grass, forage, fodder and hay, group 17, hay; grain, cereal, group 16, stover, except rice; grain, cereal, group 16, forage, except rice; grain, cereal, group 16, hay, except rice; grain, cereal, group 16, straw, except rice; peppermint, tops; and spearment tops. The Interregional Research Project Number 4 (IR-4)] on behalf of the registrant, Dow AgroScience, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). In addition, EPA is deleting certain spinosad tolerances that are no longer needed as a result of this action. Also, the term ``Food commodities'' replaces the commodity name ``all commodities in connection with the quarantine eradication programs against exotic, non-indigenous, fruit fly species, where a separate higher tolerance in not already established'' as previously listed under Sec. 180.495(b).