Environmental Protection Agency September 12, 2007 – Federal Register Recent Federal Regulation Documents

EPA has established a registration review docket for the following pesticide: Zinc Borate (3ZnO2BO33.5H2O; mw 434.66), PC Code 128859, Case number 5025. With this document, EPA is opening the public comment period for this registration review. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

The Natural Resource Defense Council (``NRDC'') filed objections with EPA to a final rule under section 408 of the Federal Food, Drug, and Cosmetic Act (``FFDCA''), (21 U.S.C. 346a), establishing tolerances for the pesticide pyraclostrobin on various food commodities. NRDC argues that EPA has unlawfully removed the additional safety factor for the protection of infants and children required by Food Quality Protection Act of 1996. This order denies the objections for the reasons stated herein.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of two meetings of the Board of Scientific Counselors (BOSC) Human Health Risk Assessment Subcommittee.

EPA issued a notice in the Federal Register of June 18, 2007, concerning the draft list of the first group of chemicals that will be screened in the Agency's Endocrine Disruptor Screening Program (EDSP). The draft list was produced using the approach described in the September 2005 notice, and includes chemicals that the Agency, in its discretion, has decided should be tested first, based upon exposure potential. This document is extending the comment period for 60 days, from September 17, 2007, to November 16, 2007.

EPA is proposing to partially approve, disapprove, and conditionally approve specific portions of the proposed revisions to the South Carolina State Implementation Plan (SIP) submitted by the State of South Carolina on July 1, 2005. The proposed revisions modify South Carolina's Prevention of Significant Deterioration (PSD) program and provide for a new Nonattainment New Source Review (NNSR) program to be incorporated into the SIP. EPA's proposal to partially approve and disapprove certain portions of the July 1, 2005, SIP submittal is consistent with section 110(k)(3) of the Clean Air Act (CAA). EPA's proposal to conditionally approve other portions of the July 1, 2005, SIP submittal is consistent with section 110(k)(4) of the CAA. As part of the conditional approval, which applies only to the NNSR program, South Carolina will have twelve months from the date of EPA's final conditional approval of the SIP revisions in which to revise its NNSR rules, as described herein, to be consistent with existing federal law. In addition to the conditional approval of the NNSR program, EPA is proposing to approve one provision of South Carolina's minor source permitting program, partially approve South Carolina's PSD program, and disapprove two elements of South Carolina's PSD and NNSR rules that relate to provisions that were vacated from the federal program by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court) on June 24, 2005. The two elements vacated from the federal rules pertain to pollution control projects (PCPs) and clean units. These elements exist in the South Carolina rules in both the PSD and NNSR programs, and all references to PCPs and clean units in both programs are being proposed for disapproval. As part of the conditional approval of South Carolina's NNSR program, South Carolina must commit to revise its rules to include requirements for calculating emissions reductions that will be used for offsets and ensure those reductions are surplus to other federal requirements. In the interim, until the State NNSR program changes are in effect, as part of the conditional approval, the State must commit to utilize the provisions of 40 Code of Federal Regulations (CFR) part 51, Appendix S to supplement its NNSR program until it is both State- effective and approved by EPA into the South Carolina SIP. Changes to the federal new source review (NSR) regulations were promulgated by EPA on December 31, 2002, and reconsidered with minor changes on November 7, 2003, (collectively, these two final actions are called the ``2002 NSR Reform Rules''). EPA's 2002 NSR Reform Rules, now proposed for inclusion in the South Carolina SIP, contain provisions for baseline emissions calculations, an actual-to-projected-actual methodology for calculating emissions changes, options for plantwide applicability limits (PALs), and recordkeeping and reporting requirements.

EPA is taking direct final action to approve revisions to the North Carolina State Implementation Plan (SIP). On February 16, 2005, the North Carolina Department of Environment and Natural Resources submitted revisions to the Mecklenburg County Air Pollution Control Ordinance (MCAPCO) to be incorporated into the Mecklenburg County portion of the North Carolina SIP. The revisions include changes to MCAPCO 2.0902, ``Applicability,'' and 2.0933, ``Petroleum Liquid Storage in External Floating Roof Tanks.'' These changes were made to maintain consistency with State and federal regulations, and are part of Mecklenburg County's strategy to attain and maintain the 8-hour ozone National Ambient Air Quality Standard (NAAQS), by reducing precursors to ozone. EPA is approving this SIP revision pursuant to section 110 of the Clean Air Act (CAA).

This notice announces receipt of an application 264-EUP-RUG from Bayer CropScience (BCS) requesting an experimental use permit (EUP) for the plant-incorporated protectants, Bacillus thuringiensis Cry2Ae protein and the genetic material necessary for its production (pTEM12) in Event GHB119 or GHB714 cotton plants and the Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production (pTDL004 or pTDL008) in Event T303-3 or T304-40 cotton plants. 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.