Environmental Protection Agency May 16, 2007 – Federal Register Recent Federal Regulation Documents

This regulation revises and separates the tolerances for acetochlor in 180.470 into paragraphs (a) through (d) and reassigns many of the current entries from paragraph (a) to paragraph (d), which applies to tolerances for indirect and inadvertent residues. This regulation also establishes several new tolerances and amends several existing tolerances under paragraph (a). It further establishes several new tolerances under paragraph (d); and amends and revises two tolerances moved to that paragraph. Details of these changes are outlined in Unit II. of this document. The Acetochlor Registration Partnership (ARP) and Monsanto Company requested these changes as submitted by petitions to EPA pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).

This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Aspergillus flavus NRRL 21882 on corn when applied aerially once per season at the first sign of corn tasseling to reduce aflatoxin-producing Aspergillus flavus. Acta Group, 1203 Nineteenth St., NW., Suite 300, Washington, DC 20036- 2401 on behalf of Circle One Global, Inc. One Arthur St. P.O. Box 28, Shellman, GA 39886-0028 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 the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of Aspergillus flavus NRRL 21882. The temporary tolerance exemption expires on May 2, 2009.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by the New Jersey Department of Environmental Protection (``NJDEP''): NJDEP v. Johnson, No. 07-0612 (D. N.J.). On July 21, 2006, NJDEP filed a deadline suit to compel the Administrator to respond to a petition seeking EPA's objection to the issuance of a revised CAA Title V operating permit to Reliant Energy Mid-Atlantic Power Holdings LLC for its Portland Generating Station in Pennsylvania. Under the terms of the proposed settlement agreement, EPA has agreed to respond to NJDEP's petition by June 20, 2007.

The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Committee on Valuing the Protection of Ecological Systems and Services (C-VPESS) to discuss components of a draft report related to valuing the protection of ecological systems and services.

EPA has granted an experimental use permit (EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

EPA is making determinations under the Clean Air Act (CAA) that the nonattainment areas of Flint (Genesee and Lapeer Counties), Grand Rapids (Kent and Ottawa Counties), Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), Benzie County, Cass County, Huron County, and Mason County have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). For the Grand Rapids, Kalamazoo- Battle Creek, Lansing-East Lansing, Benzie County, Huron County, and Mason County areas, these determinations are based on two overlapping three-year periods of complete, quality-assured ambient air quality monitoring data for the 2002-2004 seasons and the 2003-2005 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 show that the areas continue to attain the standard. For the Flint, Muskegon, Benton Harbor, and Cass County areas, these determinations are based on three years of complete quality-assured ambient air quality monitoring data for the 2004-2006 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. In addition, quality- assured data for 2003-2005 also demonstrate that the 8-hour NAAQS was attained during this period. EPA is approving requests from the State of Michigan to redesignate the Flint, Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Muskegon, Benton Harbor, Benzie County, Cass County, Huron County, and Mason County areas to attainment of the 8-hour ozone NAAQS. The Michigan Department of Environmental Quality (MDEQ) submitted these requests on May 9, 2006 and June 13, 2006, and supplemented them on May 26, 2006, August 25, 2006, and November 30, 2006. In approving these requests, EPA is also approving, as revisions to the Michigan State Implementation Plan (SIP), the State's plans for maintaining the 8-hour ozone NAAQS through 2018 in these areas. EPA is also finding adequate and approving, for purposes of transportation conformity, the State's 2018 Motor Vehicle Emission Budgets (MVEBs) for the Flint, Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Muskegon, Benton Harbor, Benzie County, Cass County, Huron County, and Mason County areas.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily cancel the registration of its sole product containing the pesticide diazinon. The request would terminate granular diazinon use in or on lettuce. The request would also terminate the last granular diazinon product registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request to redesignate Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). Additional information was also submitted on August 24, 2006 and December 4, 2006. In these submittals, Ohio EPA also requested EPA approval of an Ohio State Implementation Plan (SIP) revision containing a 12-year maintenance plan for the County. EPA is making a determination that the Wheeling (WV-OH) nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained. Quality assured monitoring data for 2006 shows that the area continues to attain the standard. EPA is approving, as a SIP revision, the State's maintenance plan for Belmont County. As a result, Ohio has satisfied the criteria for redesignation of Belmont County to attainment and EPA is approving the requested redesignation. Further, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2018 that are contained in 8-hour ozone maintenance plan.

The Environmental Protection Agency is today extending the dates by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans. This action allows the Agency time to promulgate further revisions to the SPCC rule before owners and operators are required to prepare or amend, and implement their SPCC Plans. EPA expects to propose further revisions to the SPCC rule later this year.