Environmental Protection Agency November 19, 2008 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of the polyoxin D zinc salt (zinc 5-[[2- amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5-carb oxy-3,4- dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D- allofuranuronatein) on almonds, cucurbit vegetables, fruiting vegetables, ginseng, grapes, pistachios, pome fruits, potatoes and strawberries when applied/used as a biochemical pesticide to control and suppress fungal diseases. Arysta LifeScience North America Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of polyoxin D zinc salt (zinc 5- [[2-amino-5-o-(aminocarbonyl)-2-deoxy-L-xylonoyl]amino]-1-(5- carboxy- 3,4-dihydro-2,4-dioxo-1(2H)-pyrimidinyl)-1,5-dideoxy-[beta]-D - allofuranuronatein).

The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2008 through January 31, 2009, for grants to supplement State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity. For fiscal year 2009, EPA will consider funding requests up to a maximum of $1.5 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

This notice announces the availability of EPA's Reregistration Eligibility Decision (REDs) for the pesticides chromated arsenicals (e.g., CCA), pentachlorophenol, and creosote, collectively referred to as ``heavy duty wood preservatives.'' The Agency's risk assessments and other related documents also are available in the chromated arsenicals, pentachlorophenol, and creosote Dockets. The term heavy duty wood preservative is used to differentiate wood preservatives applied using specialized high pressure treatment cylinders (also called ``retorts'') from those applied using non-specialized methods (e.g., brush, dip). The three wood preservatives are used primarily for industrial purposes such as utility poles, pilings, and railroad ties. EPA has reviewed the heavy duty wood preservatives 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.

This notice makes available for public review and comment a petition for rulemaking and collateral relief filed by the International Center for Technology Assessment (ICTA) and others. In general, the petition requests that the Agency classify nanoscale silver as a pesticide, require formal pesticide registration of all products containing nanoscale silver, analyze the potential human health and environmental risks of nanoscale silver, take regulatory actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) against existing products that contain nanoscale silver, and take other regulatory actions under FIFRA as appropriate for nanoscale silver products. The Agency has determined that the petition raises issues that potentially affect private and public sector stakeholders. Through this notice, EPA is asking for public comment on the petition.