Environmental Protection Agency August 18, 2010 – Federal Register Recent Federal Regulation Documents
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Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of Two New Equivalent Methods
Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR Part 53, two new equivalent methods for measuring concentrations of PM10 and sulfur dioxide (SO2) in the ambient air.
Massachusetts: Final Authorization of State Hazardous Waste Management Program Revisions
The Commonwealth of Massachusetts applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA determined that these changes satisfy all requirements needed to qualify for final authorization and recently authorized the State's changes through an immediate final action. In the immediate final action, EPA also stated that ``Massachusetts is not authorized to carry out its hazardous waste program in Indian country.'' An adverse comment was filed regarding this determination (but not otherwise challenging the authorization decision). Therefore, EPA is today responding to this comment and making a final decision that the updated authorization does not apply to Indian country. In addition, EPA is correcting an error in the immediate final action rule.
The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields and a Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams
EPA is announcing an extension of the public comment period for two related draft documents: (1) ``The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields'' (EPA/600/R-09/138A) and (2) ``A Field-based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams'' (EPA/600/R- 10/023A). We are specifically extending the comment period on these two documents to give the public additional time to evaluate the data used to derive a benchmark for conductivity. The original Federal Register notice announcing the public comment period was published on April 12, 2010 (75 FR 18499). By following the link below, reviewers may download the initial data and EPA's derivative data sets that were used to calculate the conductivity benchmark. These reports were developed by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of a set of actions taken by EPA to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in coordination with Federal and State regulatory agencies (https://www.epa.gov/owow/wetlands/guidance/mining.html).
Mancozeb; Pesticide Tolerances
This regulation establishes tolerances for residues of mancozeb in or on multiple commodities which are identified and discussed later in this document. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this action establishes a time-limited tolerance for residues of mancozeb in or on walnuts in response to the approval of a specific exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the use of mancozeb on walnuts to control walnut blight. This regulation establishes a maximum permissible level of residues of mancozeb in walnuts. The time-limited tolerance on walnuts expires and is revoked on December 31, 2013. Also, this action revises the introductory text of paragraphs (a) and (b).
Notice of Receipt of a Pesticide Petition Filed for Residues of Complex Polymeric Polyhydroxy Acids in or on All Food Commodities; Correction and Reopening of Comment Period
EPA issued a notice in the Federal Register of January 13, 2010, concerning the Agency's receipt of an initial filing of a pesticide petition. This document is being issued to correct omissions and to also reopen the comment period for an additional 30 days.
Web-Distributed Labeling User Acceptance Pilot
EPA's Office of Pesticide Programs (OPP) is exploring a new initiative called ``web-distributed labeling'' (web-distributed labeling) that would make the most current version of some pesticide labeling available to users via the Internet. Through this Federal Register Notice, OPP is announcing its intention to conduct a web- distributed labeling ``User Acceptance Pilot'' and is soliciting interest from entities potentially willing to participate in this pilot program. Through the User Acceptance Pilot, EPA intends to demonstrate how users could access labeling information using the Internet, thereby helping EPA determine whether the benefits of web-distributed labeling would be sufficiently appealing to users that they would be willing to visit a website to download and use labeling. This notice provides a brief description of a pilot website and invites participation in developing a pilot web-distributed labeling website by interested parties.
Notice of Receipt of Request to Voluntarily Cancel a Pesticide Registration
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 request by the registrant to voluntarily cancel a pesticide registration.
Notice of Receipt of Requests 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 requests by registrants to voluntarily cancel certain pesticide registrations. 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 canceled only if the sale, distribution, or use is consistent with the terms as described in the final order.
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2009 to June 30, 2010 to control unforeseen pest outbreaks.
Flubendiamide; Pesticide Tolerances
This regulation establishes, reassesses, modifies and revokes tolerances for residues of flubendiamide, N\2\-[1,1-dimethyl-2- (methylsulfonyl)ethyl-3-iodo-N\1\-[2-methyl-4-[1,2,2,2-tetraf luoro-1- (trifluoromethyl)ethyl]phenyl]-1,2-benzenedicarboxamide, in/on multiple food and livestock commodities which are identified, and will be discussed in detail later in this document. Bayer CropScience, LP in c/ o Nichino America, Inc. (U.S. subsidiary of Nihon Nohyaku Co., Ltd.) requested these tolerances under the Federal Food, Drug and Cosmetic Act (FFDCA).
Pesticide Products; Registration Applications
This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this Notice of such applications, pursuant to section 3(c)(4) of FIFRA.
Issuance of an Experimental Use Permit by the State of Florida
The State of Florida has granted an experimental use permit (EUP) to the following pesticide applicant, SpringStar, Inc. EPA Company Number 66433, P.O. Box 2622, Woodinville, WA 98072. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit. EPA is publishing this document, pursuant to 40 CFR 172.26(a)(3). Notice of receipt of this permit does not imply a decision by the Agency on the permit.
Diethylene Glycol (DEG); Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of diethylene glycol (DEG) (CAS No. 111-46- 6) when used as an inert ingredient as a solvent, stabilizer and/or antifreeze within pesticide formulations without limitation, under 40 CFR 180.920, for use on growing crops and raw agricultural commodities pre-harvest Huntsman, Dow AgroSciences L.L.C., Nufarm Americas Inc., BASF, Stepan Company, Loveland Products Inc., and Rhodia Inc. 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 DEG.
N-alkyl (C8-C18) Primary Amines and Acetate Salts; Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of N-alkyl (C8-C18) primary amines and acetate salts where the alkyl group is linear and may be saturated and/ or unsaturated, herein referred to in this document as NAPAAS, when used as a surfactant and related adjuvants of surfactants for pre- harvest and post-harvest uses under 40 CFR 180.910 and application to animals under 40 CFR 180.930 at a maximum concentration in formulated end-use products of 10% by weight in herbicide products, 4% by weight in insecticide products, and 4% by weight in fungicide products. The Joint Inerts Task Force (JITF), Cluster Support Team Number 25 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of NAPAAS.
2-(2'-hydroxy-3', 5'-di-tert-amylphenyl) benzotriazole and Phenol, 2-(2H-benzotriazole-2-yl)-6-dodecyl-4-methyl; Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-(2'-hydroxy-3', 5'-di-tert-amylphenyl) benzotriazole (CAS Reg. No. 25973-55-1) and Phenol, 2-(2H- benzotriazole-2-yl)-6-dodecyl-4-methyl; (CAS Reg. No. 23328-53-2) when used as a ultraviolet (UV) stabilizer at a maximum concentration of 0.6% in insecticide formulations applied pre-harvest to adzuki beans, canola, chickpeas, cotton, faba beans, field peas, lentils, linola, linseed, lucerne, lupins, mung beans, navy beans, pigeon peas, safflower, sunflower, and vetch under 40 CFR 180.920. Ag-Chem Consulting on behalf of Caltex Inc. 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 2-(2'-hydroxy-3', 5'-di-tert-amylphenyl) benzotriazole and Phenol, 2-(2H-benzotriazole-2- yl)-6-dodecyl-4-methyl.
2-propenoic acid, 2-methyl-, C12-16-alkyl esters, telomers with 1-dodecanethiol, polyethylene-polypropylene glycol ether with propylene glycol monomethacrylate (1:1), and styrene 2,2'-(1,2-diazenediyl)bis[2-methylbutanenitrile]-initiated; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, C12-16- alkyl esters, telomers with 1-dodecanethiol, polyethylene-polypropylene glycol ether with propylene glycol monomethacrylate (1:1), and styrene 2,2'-(1,2-diazenediyl)bis[2-methylbutanenitrile]-initiated, number average molecular weight (in AMU) 4000; when used as an inert ingredient in a pesticide chemical formulation 40 CFR 180.960. Clariant 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-methyl-, C12-16-alkyl esters, telomers with 1-dodecanethiol, polyethylene- polypropylene glycol ether with propylene glycol monomethacrylate (1:1), and styrene 2,2'-(1,2-diazenediyl)bis[2-methylbutanenitrile]- initiated on food or feed commodities.
Final Determination To Approve Alternative Final Cover Request for the Lake County, Montana Landfill
The Environmental Protection Agency Region VIII is making a final determination to approve an alternative final cover for the Lake County landfill, a municipal solid waste landfill (MSWLF) owned and operated by Lake County, Montana on the Confederated Salish and Kootenai Tribes' Flathead Reservation in Montana. EPA is promulgating a site-specific rule proposed on February 10, 2010, that approves an alternative final cover for the Lake County, Montana landfill.
Prohydrojasmon, propyl-3-oxo-2-pentylcyclo-pentylacetate; Temporary Exemption From the Requirement of a Tolerance
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the biochemical pesticide prohydrojasmon (PDJ), propyl-3-oxo-2-pentylcyclo-pentylacetate, on red apple varieties when applied/used as a plant growth-regulator in accordance with the terms of Experimental Use Permit (EUP) No. 62097- EUP-R and when used in accordance with good agricultural practices. Fine Agrochemicals, Ltd., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of prohydrojasmon (PDJ), propyl- 3-oxo-2-pentylcyclo-pentylacetate. The temporary tolerance exemption expires on August 1, 2012.
Propionic Acid and Salts, and Urea Sulfate; Registration Review Proposed Decisions; Notice of Availability
This notice announces the availability of EPA's proposed registration review decisions for the pesticides propionic acid and salts, and urea sulfate and opens a public comment period on the proposed decisions. 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.
Pesticide Experimental Use Permit; Receipt of Application; Comment Request
This notice announces EPA's receipt of an application 524-EUP- RNR from Monsanto Company requesting an experimental use permit (EUP) for the plant-incorporated protectants (PIPs), Bacillus thuringiensis (Bt ) Vip3Aa19 protein and the genetic material necessary for its production (vector pCOT1) in event COT102 cotton, Bt Cry1Ac protein and the genetic material necessary for its production (vector PV-GHBK04) in event MON 15985 cotton, and Bt Cry2Ab2 protein and the genetic material necessary for its production (vector PV-GHBK11) in event MON 15985 cotton. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.
FIFRA Scientific Advisory Panel; Notice of Public Meeting
There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the Chlorpyrifos Physiologically Based Pharmacokinetic/Pharmacodynamic (PBPK/PD) Model linked to the Cumulative and Aggregate Risk Evaluation System (CARES).
Propetamphos; Notice of Receipt of Requests to Voluntarily Cancel 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 requests by the registrant, Wellmark International, to voluntarily cancel its registrations of products containing the pesticide propetamphos. The requests would terminate the last propetamphos 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 registrant withdraws its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.
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