Environmental Protection Agency April 23, 2008 – Federal Register Recent Federal Regulation Documents
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Adequacy Status of the Indiana and Ohio Portions of the Cincinnati-Hamilton, Ohio/Kentucky/Indiana, Submitted 8-Hour Ozone Attainment Demonstration for Transportation Conformity Purposes
In this notice, EPA is notifying the public that we have found that the motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the Indiana and Ohio portions of the Cincinnati-Hamilton, Ohio/Kentucky/Indiana area are adequate for use in transportation conformity determinations. Indiana submitted the Cincinnati-Hamilton budgets with an 8-hour ozone attainment demonstration on June 13, 2007. As a result of our finding, the Indiana and Ohio portions of the Cincinnati-Hamilton, Ohio/ Kentucky/Indiana area must use the MVEBs from the submitted 8-hour ozone attainment demonstration for future transportation conformity determinations.
Revisions to the California State Implementation Plan; Pesticide Element; Ventura County
Under the Clean Air Act, EPA is proposing to approve a revision of the California State Implementation Plan submitted by the California Air Resources Board on November 30, 2007. The revision would in part, and temporarily, relax a commitment to reduce emissions of volatile organic compounds in Ventura County caused by the application of pesticides. EPA is proposing this action under the Clean Air Act obligation to take action on submittals of revisions to state implementation plans.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
EPA is proposing to amend the National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (non-gasoline) under section 112 of the Clean Air Act to clarify combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments notice.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
EPA is taking direct final action on the national emission standards for hazardous air pollutants for organic liquids distribution (non-gasoline), which EPA promulgated on February 3, 2004, and amended on July 28, 2006. In this action, EPA is clarifying combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments.
Utah: Final Authorization of State Hazardous Waste Management Program Revisions
EPA is withdrawing the immediate final rule, Utah: Final Authorization of State Hazardous Waste Management Program Revisions, published on March 7, 2008 at 73 FR 12277, which authorized revisions to Utah's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA stated in the immediate final rule that if EPA received comments that oppose this authorization, EPA would publish a timely notice of withdrawal in the Federal Register. Since EPA did receive comments that oppose this action, EPA is withdrawing the immediate final rule. EPA will address these comments in a subsequent final action based on the proposed rule also published on March 7, 2008, at 73 FR 12340.
Draft Toxicological Review of 2-Hexanone: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer-review meeting to review the external review draft document titled, ``Toxicological Review of 2-Hexanone: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (NCEA-S-2764). EPA previously announced the 60-day public comment period (ending April 28, 2008) for the draft document in the Federal Register on March 4, 2008 (73 FR 11408). EPA will consider public comments and recommendations from the expert panel meeting as EPA finalizes the draft document. The public comment period and the external peer-review meeting are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with Federal Register (73 FR 11408) to Versar, Inc., for consideration by the external peer-review panel prior to the meeting. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Versar, Inc., invites the public to register to attend this meeting as observers. In addition, Versar, Inc., invites the public to give brief oral comments at the meeting regarding the draft document under review. The draft document and EPA's peer-review charge are available via the Internet on the National Center for Environmental Assessment's (NCEA) home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider Versar's report of the comments and recommendations from the external peer-review meeting and any public comments that EPA receives in accordance with 73 FR 11408, March 4, 2008. Public comments that were submitted during the 60-day public comment period ending April 28, 2008 may be observed at https:// www.regulations.gov under Docket ID No. EPA-HQ-ORD-2008-0048.
Certain New Chemicals; Receipt and Status Information
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 March 3, 2008 through March 21, 2008, 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.
Certain New Chemicals; Receipt and Status Information
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 February 1, 2008 through February 29, 2008, consists of the PMNs and TMEs, both 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.
HHT Risk Assessments; Notice of Availability and Risk Reduction Options
This notice announces the availability of EPA's risk assessments, and related documents for the pesticide hexahydro-1,3,5- tris(2-hydroxyethyl)-s-triazine HHT, and opens a public comment period on these documents (Phase 3 of 4-Phase Process). 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 HHT through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.
Formaldehyde/Paraformaldehyde Risk Assessments; Notice of Availability and Risk Reduction Options
This notice announces the availability of EPA's risk assessments, and related documents for the pesticide formaldehyde/ paraformaldehyde, and opens a public comment period on these documents (Phase 3 of 4-Phase Process). 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 formaldehyde and paraformaldehyde through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.
Pyraclostrobin; Pesticide Tolerance for Emergency Exemptions
This regulation establishes a time-limited tolerance for combined residues of the fungicide pyraclostrobin (carbamic acid, [2- [[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]metho xy-, methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4- chlorophenyl) pyrazol-3-yl]oxy]o-tolyl]carbamate), expressed as parent compound, in or on Belgian endive. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing post harvest use of the pesticide on endive, Belgian to control the fungal pathogen, Sclerotinia sclerotiorum. This regulation establishes a maximum permissible level for residues of pyraclostrobin in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2009.
Fenamiphos; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations
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 a registrant to voluntarily cancel its registrations for all products containing the pesticide fenamiphos. This notice announces receipt by EPA of a request from the registrant Bayer CropScience to cancel the remaining fenamiphos product registrations. The request would terminate the last fenamiphos products registered for use in the United States. The last remaining fenamiphos products registered under FIFRA Section 3 were cancelled on May 31, 2007 as stipulated in a Federal Register notice issued on December 10, 2003 (FRL-7332-5). However, several FIFRA 24(c) Special Local Needs registrations (for nematode and banana root borer control) have not gone through the voluntary cancellation process. Bayer CropScience, the registrant for all of the active FIFRA 24(c) product registrations, has requested cancellation of all fenamiphos Special Local Needs registrations associated with the previously cancelled Section 3 fenamiphos products. 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 their 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.
Triforine Reregistration Eligibility Decision; Notice of Availability
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide triforine, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Triforine Docket. Triforine is a systemic fungicide registered for use on ornamentals, mainly in residential areas, including roses, trees, herbaceous plants, woody shrubs and vines for control of black spot, rust, and powdery mildew. EPA has reviewed triforine 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.
Cyazofamid; Pesticide Tolerances
This regulation establishes a tolerance for combined residues of cyazofamid and its metabloite CCIM in or on carrot, roots. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
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