Environmental Protection Agency August 9, 2006 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve a revision to the West Virginia State Implementation Plan (SIP). The revision consists of amendments to West Virginia's existing prevention of significant deterioration (PSD) preconstruction air quality permit program. This action is being taken under the Clean Air Act (CAA or the Act). In a separate action, EPA will address changes made by West Virginia to its nonattainment new source review (NSR) permit program, also submitted on December 1, 2005.

The EPA is proposing to revise the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow extensions to the deadline imposed for source owners and operators to conduct initial or other required performance tests in certain specified circumstances. The General Provisions do not currently provide for extensions of the deadlines for conducting performance tests.

EPA is revoking twelve specific inorganic bromide tolerances because they are no longer needed. These twelve tolerances are for residues of inorganic bromide from pre-plant (non-food) use in or on raw agricultural commodities grown in soil fumigated with combinations of chloropicrin, methyl bromide, and propargyl bromide. Although methyl bromide is used as an agricultural pesticide, the Agency considers its application as a soil fumigant to be a non-food use because it is quickly degraded or metabolized in the soil, and subsequently incorporated into natural plant constituents. Methyl bromide is also emitted to the atmosphere. Residues of the parent compound are not likely to be found in foods as a result of prior treatment of fields. While residues of inorganic bromide may be present, these residues are indistinguishable from background because of inorganic bromide's ubiquity in the environment. Consequently, EPA is revoking them because no tolerances are needed for those non-food uses. Furthermore, since methyl bromide, when applied as a pre-plant soil fumigant is a non-food use, the Agency is adding it as an entry to 40 CFR 180.2020 noting the non-food use determination.

The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the SAB Radiation Advisory Committee (RAC) to conduct an advisory on the Environmental Protection Agency's (EPA) Office of Radiation and Indoor Air (ORIA) draft White Paper: Modifying EPA Radiation Risk Models Based on BEIR VII and other committee business.

The EPA's Science Advisory Board (SAB) Staff Office is announcing a public meeting of the SAB Hypoxia Advisory Panel.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the organic arsenical herbicides MSMA, DSMA, CAMA, and cacodylic acid, and opens a public comment period on this document. The Agency has determined that all products containing MSMA, DSMA, CAMA, and cacodylic acid are not eligible for reregistration. The Agency's risk assessments and other related documents also are available in the organic arsenical herbicides docket. MSMA, DSMA, CAMA, and cacodylic acid are collectively referred to as the ``organic arsenical herbicides.'' The organic arsenic herbicides are used primarily on cotton and turf, including golf courses, home lawns, recreational areas such as school yards and athletic fields, and rights-of-way. Overall, use in the United States appears to be declining. While EPA has identified some risk associated with the direct use of these herbicides, the Agency's primary concern is the potential for applied organic arsenical products to transform to a more toxic inorganic form of arsenic in soil with subsequent transport to drinking water. EPA has reviewed the organic arsenical herbicides 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.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This notice announces the availability of EPA's Tolerance Reassessment and Risk Management Decision (TRED) for Methyl Bromide, and Reregistration Eligibility Decision (RED) for Methyl Bromide's Commodity Uses, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the methyl bromide docket. Methyl bromide is a broad- spectrum fumigant chemical that can be used as an acaricide, antimicrobial, fungicide, herbicide, insecticide, nematicide, and vertebrate control agent. This reregistration decision document covers the methyl bromide uses that have accompanying food residue tolerances such as post-harvest fumigation of food commodities in chambers at ports or specialized structural fumigations at food processing facilities, as well as some uses without tolerances that are performed in similar facilities. EPA has reviewed the methyl bromide commodity uses 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. EPA is currently assessing risks and will develop risk management decisions for five soil fumigant pesticides: Chloropicrin, dazomet, metam sodium, methyl bromide, and a new active ingredient, iodomethane. Risks of a sixth soil fumigant, 1, 3-D (Telone), will be discussed for comparative purposes because the risk management decision was completed in 1998. A decision on the reregistration of methyl bromide's non-commodity uses that do not have food tolerances (e.g., pre-plant soil, greenhouse, residential) is scheduled to be completed in 2007 with the other soil fumigants.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide metaldehyde, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the metaldehyde Docket. Metaldehyde is a molluscicide used to control snails and slugs on a wide variety of sites, including turf, ornamentals, berries, citrus, and vegetables. EPA has reviewed metaldehyde 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.

EPA is revoking, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), the existing exemption from the requirement of a tolerance for residues of the inert ingredient ``Tetrahydrofurfuryl alcohol'' (THFA) under 40 CFR 180.910, and establishes a limited tolerance for THFA under 40 CFR 180.1263. The regulatory action contributes toward the Agency's tolerance reassessment requirements under 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 that were in existence on August 2, 1996. This regulatory action counts as a tolerance reassessment toward the August 2006 review deadline.

EPA is revoking, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), the existing exemption from the requirement of a tolerance for residues of the inert ingredient ``Mono- and bis-(1H, 1H, 2H, 2H-perfluoroalkyl) phosphates where the alkyl group is even numbered and in the C6-C12 range'' under 40 CFR 180.920. The regulatory action contributes toward the Agency's tolerance reassessment requirements under 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 that were in existence on August 2, 1996. This regulatory action counts as a tolerance reassessment toward the August 2006 review deadline.

This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.