Environmental Protection Agency February 20, 2008 – Federal Register Recent Federal Regulation Documents

Vitamin E, d-alpha tocopherol, dl-alpha tocopherol, d-alpha tocopheryl acetate, and dl-alpha tocopheryl acetate; Inert Ingredients; Exemption from the Requirement of a Tolerance
Document Number: E8-3127
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.910 for residues of vitamin E (CAS Reg. No. 1406-18-4), d-alpha tocopherol (CAS Reg. No. 9-02-9), dl-alpha tocopherol (CAS Reg. No.10191-41-0), d-alpha tocopheryl acetate (CAS Reg. No. 58-95-7), and dl-alpha tocopheryl acetate (CAS Reg. No. 7695- 91-2) in or on raw agricultural commodities when applied or used as inert ingredients in pesticide formulations. Because these five substances are chemically-similar, for the sake of simplicity, discussion of vitamin E in this rule (unless otherwise noted) can be considered to be vitamin E per se and/or one of the two alcohols (d- alpha tocopherol, dl-alpha tocopherol) or two acetates (d-alpha tocopheryl acetate, dl-alpha tocopheryl acetate). BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection Act of 1996, requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of vitamin E.
1-Propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monosodium salt, polymer with ethenol and ethenyl acetate; Exemption from the Requirement of a Tolerance
Document Number: E8-3126
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 1-propanesulfonic acid, 2-methyl-2-[(1- oxo-2-propenyl)amino]-, monosodium salt, polymer with ethenol and ethenyl acetate (CAS Reg. No. 107568-12-7) when used as an inert ingredient in a pesticide chemical formulation. Keller and Heckman, LLP 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 an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2- propenyl)amino]-, monosodium salt, polymer with ethenol and ethenyl acetate.
Exposure Modeling Public Meeting
Document Number: E8-3125
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
An Exposure Modeling Public Meeting (EMPM) will be held for one day on March 11, 2008. This notice announces the location and time for the meeting and sets forth the tentative agenda topics.
Mesotrione; Pesticide Tolerance
Document Number: E8-3123
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of mesotrione in or on asparagus, grass grown for seed, oats, okra, rhubarb, grain sorghum, sweet sorghum, and sugarcane. Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Proposed Administrative Settlement Agreement Under Sections 104, 107 and Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act for the Fair Lawn Well Field Superfund Site, Located in Fair Lawn, Bergen County, NJ
Document Number: E8-3116
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (``EPA'') is proposing to enter into an administrative settlement agreement (``Settlement Agreement'') with Eastman Kodak Company, Fisher Scientific Company, LLC and Sandvik, Inc. (``Respondents'') pursuant to Sections 104, 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9604, 9607 and 9622. The Settlement Agreement provides for Respondents' payment of certain past costs and performance of the remedial investigation and feasibility study (``RI/FS'') for the Fair Lawn Well Field Superfund Site located within the Borough of Fair Lawn, Bergen County, New Jersey (``Site''). In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is being published to inform the public of the proposed Settlement Agreement and of the opportunity to comment. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Settlement Agreement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2, 290 Broadway, 17th Floor, New York, New York 10007-1866.
Science Advisory Board Staff Office; Notification of Upcoming Meeting of the Science Advisory Board Ecological Processes and Effects Committee
Document Number: E8-3115
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Ecological Processes and Effects Committee to provide advice on the EPA Ecological Research Program's Multi-Year Plan.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: E8-3113
Type: Proposed Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
EPA is proposing to correct our May 2004 final approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or ``District'') portion of the California State Implementation Plan (SIP). We are also proposing to approve two 2006 revisions to these rules that the California Air Resources Board submitted to EPA in December 2006. Our correction to our May 2004 approval and our proposed approval of the District's 2006 revisions conform the District's rules to a State law generally known as Senate Bill 700 by explicitly limiting the applicability of new source permitting requirements to certain minor sources and limiting the applicability of offset requirements for all minor agricultural sources consistent with criteria identified in state law. We are proposing to correct our May 2004 final approval pursuant to section 110(k)(6) of the Clean Air Act (CAA or ``Act''). We are proposing to approve the District's 2006 revisions of the local rules into the SIP pursuant to section 110(k)(2) of the Act.
Azinphos-methyl; Product Cancellation Order and Amendments to Terminate Uses
Document Number: E8-3112
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
This notice publishes EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide azinphos-methyl (AZM), pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an August 8, 2007 Federal Register Notice of Receipt of Requests from the AZM registrants to voluntarily cancel and amend to terminate uses of all their AZM product registrations by September 30, 2012. Subject to the terms and conditions described in Unit II below and except as provided in the existing stocks provisions of the cancellation order, the order terminates distribution, sale and use of AZM products labeled for use on Brussels sprouts and nursery stock effective as of today's date; and prohibits use of such products on Brussels spouts and nursery stock effective September 30, 2008; terminates AZM use on walnuts, almonds, and pistachios effective October 30, 2009; and cancels all AZM products effective September 30, 2012. The cancellation of AZM products serves to terminate the six remaining uses of AZM (apples, pears, cherries, blueberries, alkali bee beds, and parsley) on September 30, 2012. All distribution, sale and use of such products will be prohibited as of that date except as provided in the existing stocks order of the notice. While the alkali bee bed use was not specifically identified in the registrants' voluntary cancellation requests, the registrants requested cancellation of all AZM products, which includes products labeled for the bee bed use. These are the last AZM products registered for use in the United States. In the August 8, 2007 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests. The Agency did not receive any comments on the notice. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the AZM products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Carfentrazone-ethyl; Pesticide Tolerance
Document Number: E8-3111
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of carfentrazone-ethyl, (ethyl-alpha-2-dichloro-5-[4-(difluoromethyl)-4,5- dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzene propanoate) and the metabolite carfentrazone-chloropropionic acid (alpha, 2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1 H- 1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic acid) in or on barley, bran at 0.80 ppm; barley, flour at 0.80 ppm; grain, aspirated grain fractions at 1.8 ppm; grain, cereal, group 15 (except rice grain and sorghum grain) at 0.10 ppm; grain, cereal, stover at 0.80 ppm; grain, cereal, straw at 3.0 ppm; hog, fat at 0.10 ppm; hog, meat at 0.10 ppm; hog, meat byproducts at 0.10 ppm; millet, flour at 0.80 ppm; oat, flour at 0.80 ppm; poultry, meat byproducts at 0.10 ppm; rice, grain at 1.3 ppm; rice, hulls at 3.5 ppm; rye, bran at 0.80 ppm; rye, flour at 0.80 ppm; sorghum, grain at 0.25 ppm; soybean, seed at 0.10 ppm; sugarcane at 0.15 ppm; wheat, bran at 0.80 ppm; wheat, flour at 0.80 ppm; wheat, germ at 0.80 ppm; wheat, middlings at 0.80 ppm; and wheat, shorts at 0.80 ppm. FMC Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Certain New Chemicals; Receipt and Status Information
Document Number: E8-3110
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from December 1, 2007 thru December 31, 2007 consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.
Formetanate Hydrochloride; Pesticide Tolerances for Emergency Exemptions
Document Number: E8-2906
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of formetanate hydrochloride, m- [[(dimethylamino)methylene]amino]phenyl methylcarbamate hydrochloride, in or on dry bulb onions. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on dry bulb onions. This regulation establishes a maximum permissible level for residues of formetanate hydrochloride in this food commodity. The tolerance expires and is revoked on December 31, 2008.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; VOC Emissions From Fuel Grade Ethanol Production Operations
Document Number: E8-2893
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
EPA is approving a March 30, 2007, request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP) by adding a volatile organic compound (VOC) rule for fuel grade ethanol production at dry mills as amendments to 326 IAC 8-5. This rule revision creates an industry-specific Best Available Control Technology (BACT) standard for new fuel grade ethanol production dry mills that replaces the otherwise required case-by-case SIP BACT determination for new facilities with the potential to emit 25 tons or more of VOC per year. Indiana believes that this rule will increase the clarity, predictability and timeliness of its air permits for this particular group of sources. These rules were proposed for approval on September 13, 2007, and comments were received on October 8, 2007.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Conformity of General Federal Actions
Document Number: E8-2884
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine for the purpose of making the SIP consistent with recent additions to the Federal general conformity regulation. This revision incorporates by reference new definitions and establishes de minimis emission levels for fine particular matter (PM2.5) into Maine's existing general conformity criteria and procedures previously approved into the Maine SIP. This action is being taken in accordance with the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Conformity of General Federal Actions
Document Number: E8-2883
Type: Proposed Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine for the purpose of making the SIP consistent with recent additions to the Federal general conformity regulation. This revision incorporates by reference new definitions and establishes de minimis emission levels for fine particular matter (PM2.5) into Maine's existing general conformity criteria and procedures previously approved into the Maine SIP.
Ammonium Thiosulfate; Reregistration Eligibility Decision; Notice of Availability
Document Number: E8-2785
Type: Notice
Date: 2008-02-20
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide ammonium thiosulfate, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the pesticide ammonium thiosulfate through a modified, streamlined version of 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.
Approval and Promulgation of Implementation Plans for Air Quality Planning Purposes; Georgia: Early Progress Plan for the Atlanta 8-Hour Ozone Nonattainment Area
Document Number: E8-2709
Type: Proposed Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
On December 31, 2006, the State of Georgia, through the Environmental Protection Division of the Georgia Department of Natural Resources, submitted a voluntary State Implementation Plan (SIP) revision requesting approval of an Early Progress Plan for the sole purpose of establishing motor vehicle emission budgets (MVEBs) for the Atlanta 8-hour ozone nonattainment area. The Atlanta 8-hour ozone nonattainment area is comprised of the following twenty counties: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton counties in their entireties (hereafter referred to as the ``Atlanta 8-Hour Ozone Area''). EPA is proposing to approve Atlanta's Early Progress Plan, including the new regional MVEBs for nitrogen oxides and volatile organic compounds for 2006. This proposed approval of the Early Progress Plan for the Atlanta 8-Hour Ozone Area is based on EPA's determination that Georgia has demonstrated that the SIP revision containing these MVEBs, when considered with the emissions from all sources, shows some progress toward attainment from the base year (i.e., 2002) through an interim target year (i.e., 2006). In the Final Rules Section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Approval and Promulgation of Implementation Plans for Air Quality Planning Purposes; Georgia: Early Progress Plan for the Atlanta 8-Hour Ozone Nonattainment Area
Document Number: E8-2706
Type: Rule
Date: 2008-02-20
Agency: Environmental Protection Agency
On December 31, 2006, the State of Georgia, through the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources, submitted a voluntary State Implementation Plan (SIP) revision requesting approval of an Early Progress Plan for the sole purpose of establishing motor vehicle emission budgets (MVEBs) for the Atlanta 8-hour ozone nonattainment area. The Atlanta 8-hour ozone nonattainment area is comprised of the following twenty counties: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton counties in their entireties (hereafter referred to as the ``Atlanta 8-Hour Ozone Area''). EPA is approving Atlanta's Early Progress Plan, including the new regional MVEBs for nitrogen oxides (NOX) and volatile organic compounds (VOC) for 2006. This approval of the Early Progress Plan for the Atlanta 8-Hour Ozone Area is based on EPA's determination that Georgia has demonstrated that the SIP revision containing these MVEBs, when considered with the emissions from all sources, shows some progress toward attainment from the base year (i.e., 2002) through an interim target year (i.e., 2006).