Environmental Protection Agency April 28, 2010 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of phosphate ester, tallowamine, ethoxylated (CAS Reg. No. 68308-48-5), herein referred to in this document as PETAE when used as an inert ingredient at a maximum of 20% by weight in pesticide formulations applied in or on growing crops. Huntsman Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of PETAE.

Pursuant to section 505(b)(2) of the Clean Air Act (CAA), the EPA Administrator signed an order, dated April 14, 2010, partially granting and partially denying a petition to object to a state operating permit proposed to be issued by the Maryland Department of the Environment (MDE) to Wheelabrator Baltimore, L.P. for its facility located in Baltimore City, Maryland. This order constitutes final action on the petition filed by the Environmental Integrity Project, the Baltimore Harbor Waterkeeper, Inc., and Clean Water Action (Petitioners), dated May 21, 2009, requesting that the Administrator object to the issuance of the proposed title V permit.

This regulation establishes tolerances for residues of the fungicide difenoconazole in or on: Almond, hulls; brassica, head and stem, subgroup 5A; brassica, leafy green, subgroup 5B; citrus, dried pulp; citrus, oil; fruit, citrus, group 10; grape; grape, raisin; nut, tree, group 14; onion, bulb, subgroup 3-07A; onion, green, subgroup 3- 07B; pistachio; and vegetable, cucurbit, group 9. EPA is also revising the difenoconazole crop and animal tolerance expressions; deleting all section 18 difenoconazole tolerances that are no longer needed as a result of this action; reinstating tolerances for wheat forage, wheat grain, and wheat straw, which were inadvertently removed when previous tolerances were established; correcting the existing tolerance for beet, sugar; and deleting the grape import superscript. Syngenta Crop Protection, Inc. requested the new tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is announcing the availability of a January 25, 2010 petition from Pesticide Poisoning Victims United, a division of the Pitchfork Rebellion. The petitioners, who reside in Lane County, Oregon, ask the Agency to undertake a number of actions to protect potentially affected individuals from pesticides in their area.

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 requests by the registrants to voluntarily cancel their registrations of products containing the pesticide methyl parathion. The requests would delete methyl parathion use in or on alfalfa, almonds, barley, canola/rapeseed, corn (field, pop, and sweet), cotton, grass (forage), oats, onions, potatoes (sweet and white), rice, rye, soybeans, sunflowers, walnuts, and wheat. The requests would terminate the last methyl parathion products registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

EPA is issuing this Advance Notice of Proposed Rulemaking (ANPR) to describe information currently available and information being collected that will be used by the Administrator to issue a subsequent proposal regarding whether, in the Administrator's judgment, aircraft lead emissions from aircraft using leaded aviation gasoline (avgas) cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. In this ANPR we describe and request comment on the data available for evaluating lead emissions, ambient concentrations and potential exposure to lead from the continued use of leaded avgas in piston-engine powered aircraft. We also describe and request comment on additional information being collected that will inform any future action.

EPA is proposing to add the gold mine ore processing and production area source category to the list of source categories subject to regulation under the hazardous air pollutant section of the Clean Air Act (CAA) due to their mercury emissions. EPA is also proposing national mercury emission standards for this category based on the emissions level of the best performing facilities which are well controlled for mercury. EPA is soliciting comments on all aspects of this proposed rule.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Versar, Inc. and its subcontractor, Syracuse Research Corporation, in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Versar, Inc. and its subcontractor, Syracuse Research Corporation, have been awarded a contract to perform work for OPP, and access to this information will enable Versar, Inc. and its subcontractor, Syracuse Research Corporation, to fulfill the obligations of the contract.