Environmental Protection Agency January 16, 2008 – Federal Register Recent Federal Regulation Documents

This document proposes a clarification under which activated phosphors that are not on the Toxic Substances Control Act (TSCA) section 8(b) Chemical Substance Inventory (TSCA Inventory) would be considered to be new chemical substances under TSCA section 5, thus would be subject to the notification requirements under TSCA section 5(a) new chemical notification requirements. In certain letters and other interpretations issued by EPA from 1978 to 2003, it appears that the Agency erroneously indicated that activated phosphors constitute solid mixtures for purposes of the TSCA Inventory, and thus that they were not separately reportable as chemical substances under TSCA section 5(a) new chemical notification requirements. This proposed clarification is necessary because EPA's interpretations in this area have not been consistent. Given this past inconsistency, EPA is seeking comment on its proposed clarfication.

EPA issued a notice in the Federal Register of November 16, 2007, concerning a petition that EPA received from Sinapu, Public Employees for Environmental Responsibility (PEER), Beyond Pesticides, Forest Guardians, Predator Defense, Western Wildlife Conservancy, Sierra Club, The Rewilding Institute, Animal Defense League of Arizona, and Animal Welfare Institute. The petition requested EPA to issue a notice of intent to cancel the registrations of M-44 sodium cyanide capsules and sodium fluoroacetate. The Agency is seeking further substantive comment on this petition, and will post a document with specific questions under docket identification (ID) number EPA-HQ-OPP- 2007-0944. This Federal Register notice is extending the comment period from January 16, 2008, to March 5, 2008.

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Environmental Protection Agency's Office of Solid Waste and Emergency Response, Office of Emergency Management, is giving notice that it is deleting the system of records for the Risk Management Plan Review Access List. The information in this system of record is neither indexed nor retrieved by a personal identifier.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew and consolidate several existing approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Before submitting the consolidated ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of this information collection. The consolidated ICR, entitled: ``Pesticide Data Call-In Program'' (identified by EPA ICR No. 2288.01 and OMB Control No. 2070-new), will consolidate the following currently approved ICRs: ``Data Call-Ins for the Special Review and Registration Review Programs'' (identified by EPA ICR No. 0922.07 and OMB Control No. 2070-0057); ``Data Generation for Pesticide Reregistration'' (identified by EPA ICR No. 1504.05 and OMB Control No. 2070-0107); and ``Data Acquisition for Anticipated Residue and Percent of Crop Treated'' (identified by EPA ICR No. 1911.02 and OMB Control No. 2070-0164).

This notice announces the availability of EPA's risk assessments, and related documents for the pesticide organic esters of phosphoric acid, and opens a public comment period on these documents. 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 organic esters of phosphoric acid through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. This is Phase 3 of the 4- Process. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces Agency approval of applications to register the pesticide products R-Octenol, Technical Indole-3-Acetic Acid, Quillaja Extract, and Shake-Away Critter Repellent Granules containing active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.