Environmental Protection Agency December 21, 2007 – Federal Register Recent Federal Regulation Documents

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing this notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products containing the pesticides nicotine, 4-aminopyridine, and fenoxycarb. The requests from Bonide, Inc. would terminate nicotine use in or on lawns and outdoor ornamentals; this request would not cancel the last nicotine product registered for use in the United States. The requests from Avitrol Corporation would terminate 4-aminopyridine products formulated as powder; this request would not cancel the last 4-aminopyridine product registered for use in the United States. The requests from SC Johnson & Son, Inc. would terminate fenoxycarb use in indoor residential areas; this request would not cancel the last fenoxycarb product registered for use in the United States. The requests from Syngenta would terminate fenoxycarb use by residential handlers; this request would not cancel the last fenoxycarb product registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, 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.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. The purpose of this teleconference is to discuss and approve the Draft NACEPT Comments on the EPA 2007 Report on the Environment: Highlights of National Trends (ROE HD). The objective of the Highlights Document is to present national status and trends in the environment and human health in a clear, engaging manner to a public audience of ``civic-minded individuals.'' EPA's Report on the Environment 2007 consists of three products: A Science Report containing detailed scientific and technical information, a Highlights Document written for concerned citizens, and an electronic document facilitating access to material in the reports. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal- nacept.htm.

EPA expressed environmental concerns about air impacts, particularly during the construction phase of the project, as well as impacts to aquatic habitat. EPA also recommends additional cumulative impacts analyses be done. Rating EC2. EIS No. 20070409, ERP No. D-AFS-J65392-MT, Beartooth Ranger District Travel Management Planning, Proposing to Designate Routes for Public Motorized Use, and Change Management of Pack and Saddle Stock on Certain Trail, Beartooth Ranger District, Custer National Forest, Carbon, Stillwater, Sweet Grass, and Park Counties, MT. Summary: EPA expressed environmental concerns about impacts to water quality, fisheries, wildlife and other resources, and recommended that the preferred alternative include modifications to reduce roads in high hazard areas, avoid adding new roads and road decommissioning to reduce risks to water quality and fisheries. Rating EC2. EIS No. 20070430, ERP No. D-FHW-E40818-NC, NC-119 Relocation Project, Transportation Improvement from the I-185/40 Interchange Southwest of Mebane to Existing NC-119 south of NC-1918 (Mrs White Lane) Mebane, Right-of-Way Acquisition, Alamance County, NC. Summary: EPA expressed environmental concerns about impacts to streams, a historic property, a water supply area, and possible residential relocations. Rating EC1. EIS No. 20070451, ERP No. D-AFS-J65395-UT, Indian Springs Road Realignment, Reducing Adverse Impacts to Watershed and Fisheries, U.S. Army COE Section 404 Permit, Uinta National Forest, Heber Ranger District, Wasatch County, UT. Summary: EPA expressed environmental concerns about impacts to the roadless area, and requested that other alternatives that would avoid the roadless area be investigated. If an alternative is not available, EPA requested mitigation to offset impacts to the roadless area. Rating EC2. EIS No. 20070368, ERP No. DS-BLM-K67052-NV, Newmont Gold Mining, South Operations Area Project Amendment, Updated Information on the Cumulative Effects Analyses, Operation and Expansion, Plan of Operations, Elko and Eureka Counties, NV. Summary: EPA continues to have environmental objections to the project because of its potential significant adverse impacts to water quality and the lack of sufficient measures to ensure against acid rock drainage. We recommend the final SEIS provide additional information regarding mine geochemistry, measures to prevent acid drainage, mitigation for potential impacts to pit lake water quality, water quality monitoring, mercury emissions and controls, and financial assurance. Rating EO2. EIS No. 20070369, ERP No. DS-BLM-K67056-NV, Leeville Mining Project, Propose to Develop and Operate an Underground Mine and Ancillary Facilities including Dewatering Operation, Updated Information on the Cumulative Effects Analyses, Plan-of-Operations/Right-of-Way Permit and COE Section 404 Permit, Elko and Eureka Counties, NV. Summary: EPA continues to have environmental concerns because of the project's potential significant adverse impacts to water quality and the lack of sufficient measures to ensure against acid rock drainage. We recommend the final SEIS provide additional information regarding mine geochemistry, measures to prevent acid drainage, mercury emissions and controls, and financial assurance. Rating EC2.

This regulation modifies the tolerances for the combined residues of glufosinate-ammonium and its metabolites expressed as butanoic acid in or on raw agricultural commodities. Bayer CropScience LLC requested this revision under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide polypropylene glycol, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the polypropylene glycol Docket. Butoxypolypropylene glycol (BPG) is the only active ingredient in the polypropylene glycol chemical case with any registered products. BPG is a repellant that is used to control flying and crawling insects. BPG was first registered for use in 1960, and can be applied to animals such as pets or horses directly, or to areas where animals live, like animal housing, bedding, or other areas animals may occupy. There are no food uses, and no uses on animals intended for slaughter. EPA has reviewed the polypropylene glycol chemical case 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 approving revisions to Chapter 74:36:09 of the South Dakota Administrative Rules (Prevention of Significant Deterioration) for incorporation into the South Dakota State Implementation Plan (SIP). South Dakota adopted these rule revisions on August 29, 2006 and May 14, 2007, and submitted the requests for approval to EPA on September 1, 2006 and June 28, 2007. One rule provision that EPA had proposed to disapprove has been corrected by South Dakota. Therefore, EPA is also approving that provision. South Dakota was granted delegation of authority by EPA on July 6, 1994, to implement and enforce the federal Prevention of Significant Deterioration (PSD) permitting regulations. As part of this final rule EPA is rescinding South Dakota's delegation of authority for implementing the federal PSD regulations. This action is being taken under section 110 of the Clean Air Act (CAA).

On September 20, 2007, the Sierra Club, the National Center for Healthy Housing, the Alliance for Healthy Homes, and the Natural Resources Defense Council (NRDC) petitioned EPA under section 21 of the Toxic Substances Control Act (TSCA) to: Call-in allegations of adverse reactions related to air freshener products recorded by manufacturers and processors pursuant to TSCA section 8(c) and 40 CFR part 717; adopt a rule pursuant to TSCA section 8(d) to require submittal of heath and safety studies related to air fresheners, including lab results of ingredients and health effects from respiratory exposures; adopt a rule pursuant to TSCA section 4 to require manufacturers to conduct acute and chronic studies to evaluate the impact of air fresheners on human health; and adopt a rule pursuant to TSCA section 6 to require that air fresheners be labeled to identify all of their ingredients. TSCA section 21 does not apply to the petitioners' request for a call-in under TSCA section 8(c), and, for the reasons set forth in this notice, EPA has denied the petitioners' remaining three requests.