Environmental Protection Agency May 2, 2007 – Federal Register Recent Federal Regulation Documents

EPA is proposing to revoke certain tolerances for the fungicides chloroneb and thiabendazole; the herbicide sulfosate; the defoliant thidiazuron; the insecticides cypermethrin, methidathion, and pirimiphos-methyl; and the soil microbiocide nitrapyrin. Also, EPA is proposing to modify certain tolerances for the fungicides chloroneb and thiabendazole; the herbicides oxyfluorfen and tebuthiuron; the defoliants thidiazuron and tribuphos; the insecticides cypermethrin, methidathion, and pirimiphos-methyl; and the soil microbiocide nitrapyrin. In addition, EPA is proposing to establish new tolerances for the fungicides chloroneb and thiabendazole; the herbicide oxyfluorfen; the defoliants thidiazuron and tribuphos; the insecticides cypermethrin, methidathion, and pirimiphos-methyl; and the soil microbiocide nitrapyrin. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

EPA's Office of Pesticide Programs (OPP) is planning to hold two stakeholder meetings to obtain public input on risk management options for the soil fumigant pesticides chloropicrin, dazomet, metam sodium, metam potassium, and methyl bromide. Reregistration for 1,3- dichloropropene (1,3-D or Telone) was completed in 1998, but it is included in the review for comparative purposes. The public meetings will be held in the states of Washington and Florida in late May and early June 2007. The purpose of the meetings is for the Agency to obtain first-hand comments on possible human health risk mitigation options from stakeholders who are most affected by soil fumigant use, including growers, professional fumigant applicators, farm workers, neighbors and community members, local officials, and others. EPA also plans to participate in a stakeholder meeting focusing on risk mitigation options for the soil fumigants metam sodium and metam potassium, held by the California Department of Pesticide Regulation in late May 2007. California and EPA have been working together on soil fumigant issues during the last several years, and use similar approaches to reduce exposure. Stakeholders' comments at these meetings will help inform EPA's decision later this year on the reregistration eligibility of several soil fumigant pesticides. Through the reregistration program, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability and seeks comments on EPA's revised human health risk assessment for the pesticide methyl bromide. In addition, this notice solicits public comment on two risk mitigation options documents for methyl bromide and EPA's preliminary benefits assessments. The Agency is also seeking comments on the ecological risk assessment which, based on public comments in phase 3, was not revised. 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 the methyl bromide soil, greenhouses, and residential/structural uses through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA completed a red for commodity uses of methyl bromide, including uses that have tolerances, in August 2006. EPA also is concurrently assessing the risks of five other fumigant pesticides that also have soil uses to ensure that its assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions. The Agency is seeking the same input from the public on these pesticides. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability and seeks comments on EPA's revised human health risk assessment for the pesticide fumigants metam sodium and metam potassium. In addition, this notice solicits public comment on the risk reduction options paper for fumigants including metam sodium and metam potassium and EPA's benefits assessments for the soil fumigants. The Agency is also seeking comments on the ecological risk assessment which was not revised since the last public comment period. 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 metam sodium and metam potassium through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA also is concurrently assessing the risks of four other soil fumigant pesticides to ensure that its assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions. The Agency is seeking the same input from the public on these pesticides on a similar schedule. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA has received a specific exemption request from the Georgia Department of Agriculture to use the pesticide metaflumizone (CAS No. 139968-49-3) to treat up to 31,000 acres of Brassica leafy vegetables to control the diamondback moth. The Applicant proposes the use of a new chemical which has not been registered by EPA. Therefore, EPA is soliciting public comment before making the decision whether or not to grant the exemption.

This regulation amends the tolerance expression for glyphosate to include the dimethylamine (DMA) salt of glyphosate. Dow AgroScienes, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In this action EPA is proposing to amend the transportation conformity rule to make it consistent with Clean Air Act section 176(c) as amended by SAFETEA-LU, which was signed into law on August 10, 2005 (Pub. L. 109-59). The Clean Air Act requires federally supported transportation plans, transportation improvement programs, and projects to be consistent with (``conform to'') the purpose of the state air quality implementation plan. To make the transportation conformity rule consistent with SAFETEA- LU's revisions to the Clean Air Act, this proposal would change the regulations to reflect that the statute now provides more time for state and local governments to meet conformity requirements, provides a one-year grace period before the consequences of not meeting certain conformity requirements apply, allows the option of shortening the timeframe conformity determinations, and streamlines other provisions. EPA is also including other proposals not related to SAFETEA-LU, such as a proposal to allow the Department of Transportation (DOT) to make categorical hot-spot findings for appropriate projects in carbon monoxide areas. EPA has consulted with DOT, and they concur with this proposal.