Environmental Protection Agency November 4, 2009 – Federal Register Recent Federal Regulation Documents
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Notice of Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
This notice announces the Agency's receipt of an initial filing of a pesticide petition proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Certain Polyurethane Polymer; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of carbonic acid, diethyl ester, polymer with [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), ester with [alpha]-[[[[5-(carboxyamino)-1,3,3- trimethylcyclohexyl]methyl]amino]carbonyl]-[omega]-methoxypol y(oxy-1,2- ethanediyl), when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. 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 carbonic acid, diethyl ester, polymer with [alpha]- hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2- ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), ester with [alpha]- [[[[5-(carboxyamino)-1,3,3-trimethylcyclohexyl]methyl]amino]c arbonyl]- [omega]-methoxypoly(oxy-1,2-ethanediyl), on food or feed commodities.
Methamidophos; Tolerance Actions
EPA is revoking tolerances for the insecticide methamidophos on cucumber, eggplant and melon. The regulatory actions finalized in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Petition to Protect Children from Pesticide Drift; Notice of Availability
On October 13, 2009, EPA received a petition from Earthjustice and Farmworker Justice, on behalf of several other organizations, requesting that the Agency systematically evaluate children's exposures to pesticide drift and require interim prohibitions on the use of certain pesticides near homes, schools, and other places where children congregate. With this notice, the Agency is soliciting comments on the petition. In a separate notice published elsewhere in this issue of the Federal Register, the Agency is soliciting comments on a draft Pesticide Registration (PR) notice providing guidance on pesticide drift labeling (see www.regulations.gov, docket identification number EPA-HQ-OPP-2009-0628).
Pesticides; Draft Guidance for Pesticide Registrants on Pesticide Drift Labeling
The Agency is announcing the availability of and seeking public comment on two documents - a draft Pesticide Registration Notice (draft PR Notice) entitled ``Pesticide Drift Labeling'' (PRN 2009-X) and a draft explanatory document entitled ``Pesticide Drift Labeling Interpretation.'' PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular draft PR Notice provides guidance to the applicants and registrants of certain pesticide products for revising labeling statements intended to protect people and other non-target organisms and sites from adverse effects that may be caused by off- target pesticide drift. The draft explanatory document provides guidance for state and tribal regulatory officials responsible for enforcement of user compliance with the requirements of pesticide labeling on how to interpret the labeling statements contained in the draft PR Notice. An additional supporting document, entitled ``Draft PR Notice 2009-X: Additional Information and Questions for Commenters,'' provides background and supplemental information that explain the Agency's rationale for its proposed guidance on drift labeling. This document also requests responses by readers to specific questions concerning draft PR Notice 2009-X. All three documents are available in the public docket.
Pesticide Inert Ingredients; Revocation of Tolerance Exemption for Sperm Oil
EPA is issuing this final rule to revoke the existing obsolete tolerance exemption for residues of sperm oil conforming to 21 CFR 172.210. There have not been any active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations containing this inert ingredient for many years. In addition, the sperm whale (from which sperm oil is derived) is a federally listed endangered species, and taking (or harming) this species is prohibited under the U.S. Endangered Species Act. Therefore, since this exemption corresponds to uses no longer current or registered under FIFRA in the United States, EPA is revoking the existing tolerance exemption under 40 CFR 180.910 because it is no longer necessary.
National Priorities List, Final Rule No. 48
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds three sites to the NPL, all to the General Superfund Section.
Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
The EPA is announcing 2 public hearings to be held for the proposed rule ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' which published in the Federal Register on October 27, 2009. The hearings will be held on Wednesday, November 18, 2009, in Arlington, VA, and on Thursday, November 19, 2009, in Rosemont, IL.
Receipt of Petition Requesting EPA to Suspend the Registration of Rozol Prairie Dog Bait and Cancel Certain Application Sites; Extension of Comment Period
EPA issued a notice in the Federal Register of October 7, 2009, concerning the receipt of a petition that requested the suspension of Rozol Prairie Dog Bait and also requested the cancellation of certain application sites for the product. This document extends the comment period for 31 days, from November 6, 2009 to December 7, 2009.
Revisions to the California State Implementation Plan, California Air Resources Board Consumer Products Regulations
EPA is finalizing approval of revisions to the California Air Resources Board portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on June 26, 2009 and concern volatile organic compound (VOC) emissions from consumer products. We are approving State rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
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