Environmental Protection Agency March 2009 – Federal Register Recent Federal Regulation Documents

This notice announces the availability of EPA's final registration review decision for the pesticide sodium hydroxide (mineral bases, strong), case 4065. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This notice announces the availability of EPA's final registration review decision for the pesticide Capric (Decanoic) Acid, case 5038. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This notice announces the availability of EPA's Final Work Plan and Proposed Registration Review Decision for the pesticide case Caprylic (Octanoic) Acid, and opens a public comment period on the proposed registration review decision. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This notice announces EPA's order for the amendments to terminate uses and eliminate certain application methods, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide carbaryl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order follows two Federal Register Notices of Receipt of Requests dated August 20, 2008 and October 15, 2008, respectively, from the carbaryl registrants to voluntarily terminate certain uses of and eliminate certain application methods for their carbaryl product registrations. These are not the last carbaryl products registered for use in the United States. In the August 20 and October 15, 2008 Notices, EPA indicated that it would issue an order implementing the 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, or unless the registrants withdrew their requests within this period. The Agency received five comments on the notice but none merited further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice an order granting the requested amendments to terminate uses and eliminate certain application methods. Any distribution, sale, or use of the carbaryl products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.

EPA will hold a public meeting to give members of the public an opportunity to comment on a proposed rule under section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA) to require manufacturers, importers, and processors of certain high production volume (HPV) chemical substances to conduct testing to obtain screening level data for health and environmental effects and chemical fate. Opportunity to present oral comment was provided in the proposed rule, and in response to that opportunity, two requests to present oral comments were received.

Under the Clean Air Act, EPA is correcting errors in certain final rules approving or compiling the Hawaii state implementation plan. These errors relate to the title of the plan, removal of variance provisions, and compilations of federally-enforceable regulations. The intended effect is to ensure that the Hawaii state implementation plan is correctly identified in the applicable part of the Code of Federal Regulations.

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 an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on June 30, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The U.S. Environmental Protection Agency (EPA or Agency), National Center for Environmental Innovation (NCEI) is giving notice of the availability of its solicitation for proposals from institutions that are interested in organizing two symposia over four years to promote sharing and transfer of innovative environmental protection approaches among States, EPA, and other primarily governmental representatives. The solicitation is available at the Agency's State Innovation Grant Web site: https://www.epa.gov/innovation/ 2010symposium.htm, or may be requested from the Agency by e-mail to: innovationstategrants@gov, telephone, or by mail. Eligible recipients include States, territories, Indian Tribes, interstate organizations, intrastate organizations, and possessions of the U.S., including the District of Columbia, public and private universities and colleges, hospitals, laboratories, other public or private nonprofit institutions, and individuals. Nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995 are not eligible to apply. For-profit organizations are generally not eligible for funding.

The U.S. Environmental Protection Agency (EPA) is announcing the availability of a document titled, ``First External Review Draft Integrated Science Assessment for Carbon Monoxide'' (EPA/600/R-09/019). This draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for carbon monoxide. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public. The draft document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination. EPA will consider any timely public comments submitted in response to this notice when revising the document.

EPA has granted an experimental use permit (EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, 2-hydroxyethyl ester, polymer with [alpha]-[4-(ethenyloxy)butyl]-[omega]-hydroxypoly (oxy- 1,2-ethanediyl); (CAS Reg. No. 1007234-89-0); when used as an inert ingredient in a pesticide chemical formulation. BASF 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 2-Propenoic acid, 2-hydroxyethyl ester, polymer with [alpha]-[4-(ethenyloxy)butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl) on food or feed commodities.

This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.960 for residues of 2-Propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy- 1,2-ethanediyl) and 2,5-furandione, sodium salt; (CAS Reg. No. 251479- 97-7); when used as an inert ingredient in a pesticide chemical formulation. BASF 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 2- Propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]- hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione, sodium salt on food or feed commodities.

This notice announces the availability of EPA's Revised Reregistration Eligibility Decision (RED) for the pesticide para- dichlorobenzene. The Agency's risk assessments and other related documents also are available in the Para-dichlorobenzene Docket. Para- dichlorobenzene is an insecticide; the majority of its pesticidal use is as a moth repellant to protect garments from insect damage and in and around bird cages for the control of lice and ticks. EPA has reviewed para-dichlorobenzene 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. A 60-day public comment period was conducted with the publication of the para-dichlorobenzene RED in December 2007. The comments received primarily concerned the episodic ingestion risk estimates. The Agency, in response, revisited the acute oral endpoint selection and agreed that there were no effects attributable to a single dose, and revised the human health risk assessment and the RED accordingly.

EPA issued a final rule in the Federal Register of September 10, 2008, revoking, revising, and establishing certain tolerances. This document is being issued to correct the amendatory language for Sec. 180.169.

The purpose of this notice is to inform the public of the availability of documents that were not made available electronically to the public through https://www.regulations.gov when EPA's final rulemaking was published in the Federal Register . These documents were a part of the docket for EPA's final rulemaking approving Alabama's state implementation plan (SIP) revision for the Alabama Visible Emissions Rule. The complete docket was available in hard copy at Region 4. EPA's final rulemaking for this SIP revision was published on October 15, 2008.

EPA is announcing the availability of an updated schedule for the pesticide registration review program, the periodic review of all registered pesticides mandated by section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The updated schedule provides the timetable for opening dockets for the next 4 years of the registration review program - fiscal year (FY) 2009 to FY 2012 - and includes information on the FY 2007 and FY 2008 registration review cases.

This document proposes minor technical revisions of certain commodity terms listed under 40 CFR part 180, subpart D. EPA is proposing this action to eventually establish a uniform listing of commodity terms.

This regulation establishes a tolerance for residues of chlorimuron-ethyl in or on berry, low growing, except strawberry, subgroup 13-07H. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 is available for public review. Annual U.S. emissions for the period of time from 1990 through 2007 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) emissions. The inventory also includes estimates of carbon fluxes in U.S. agricultural and forest lands. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC), and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2007 is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC). For information on access or services for individuals with disabilities, please contact Gloria Car, EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

EPA is announcing a listening session to be held on March 25, 2009, during the public comment period for the external review draft document entitled, ``Toxicological Review of Halogenated Platinum Salts and Platinum Compounds: In Support of Summary Information on the Integrated Risk Information System (IRIS)''. This listening session is a new step in EPA's revised IRIS process, announced on April 10, 2008, for development of human health assessments for inclusion on IRIS. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties during the public comment period and prior to the external peer review meeting. EPA welcomes the scientific and technical comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment in response to the independent external peer review and public comments. All presentations will become part of the official and public record. The EPA's draft assessment and 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.

The Wyoming Department of Environmental Quality submitted a request for an updated delegation of authority to implement and enforce the Federal New Source Performance Standards, including one new standard not previously delegated. EPA's review of Wyoming's updated regulations determined that they contain adequate and effective procedures for the implementation and enforcement of these Federal standards. This action informs the public of the updated delegation to Wyoming. EPA is also making a technical amendment to update the list of subparts delegated to Wyoming.

EPA expressed environmental concerns with potential adverse impacts to the brown bear habitat, the range of alternatives and comprehensive monitoring and mitigation for impacts to brown bear and their habitat.Rating EC2.