Environmental Protection Agency April 6, 2011 – Federal Register Recent Federal Regulation Documents

In this document, EPA is supplementing its proposed order published January 19, 2011, regarding sulfuryl fluoride and fluoride tolerances promulgated under the Federal Food, Drug, and Cosmetic Act (FFDCA) to include proposed effective dates for the termination of tolerances for rice commodities. In order to provide a 90-day comment period on the proposed effective date for terminating the rice tolerances, while also maintaining a consistent closing date for all comments on the proposed sulfuryl fluoride actions and accommodating several comment period extension requests, the Agency will accept comment on both the proposed order and this addendum for 90 days following publication of this notice in the Federal Register. In addition, EPA is clarifying that all tolerances for sulfuryl fluoride and the associated fluoride tolerances were intended to be covered by the proposed order despite discrepancies in the way those tolerances are described in EPA's regulations.

EPA is proposing to issue both a site-specific treatment variance to U.S. Ecology Nevada (USEN) located in Beatty, Nevada and withdraw an existing site-specific treatment variance issued to Chemical Waste Management, Inc. (CWM) located in Kettleman Hills, California. This proposal pertains to the treatment of a hazardous waste generated by the Owens-Brockway Glass Container Company in Vernon, California that is unable to meet the concentration-based treatment standard for selenium established under the Land Disposal Restrictions program. The site-specific treatment variance proposed to be issued to USEN would provide an alternative treatment standard of 59 mg/L for selenium as measured by the Toxicity Characteristic Leaching Procedure. EPA has determined that the treatment performed by USEN provides the best demonstrated treatment available for this waste by reducing the amount of selenium potentially released to the environment, while minimizing the total volume of hazardous waste land disposed. In the ``Rules and Regulations'' section of this Federal Register, EPA has also published a direct final rule granting a site- specific treatment variance to USEN, and withdrawing the site-specific treatment variance previously granted to CWM for this same waste without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule and the direct final rule will become effective as provided in that action.

In the Federal Register published March 18, 2011, FR9284, EPA posted a Notice of Settlement for past cost under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), concerning the National Starch and Chemical Company Site located in Salisbury, Rowan County, North Carolina. In the published notice the location of the Site is indicated in error as Mobile, Mobile County, Alabama. The Site is located in Salisbury, Rowan County, North Carolina.

The State of Oklahoma has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Oklahoma. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

EPA is approving into the Ohio State Implementation Plan (SIP) revisions to its previously approved offset lithographic and letterpress printing volatile organic compound (VOC) rule. These rule revisions specify compliance dates for subject facilities using an add- on control device and recordkeeping requirements when a recipe log is maintained for each batch of fountain solution or cleaning solution. These rule revisions satisfy the requirements of reasonably available control technology (RACT) and the Clean Air Act (CAA). EPA proposed these rules for approval on December 30, 2010, and received no comments.

EPA is taking final action to amend an October 15, 2008, final rulemaking on two State Implementation Plan (SIP) revisions regarding the State of Alabama's rules for visible emissions from certain stationary sources. EPA has now determined upon reconsideration that Alabama's SIP revisions, dated September 11, 2003, and August 22, 2008, are not approvable pursuant to the Clean Air Act (CAA or Act) section 110(l). Accordingly, EPA is disapproving the two SIP revisions provided to EPA by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), dated September 11, 2003, and August 22, 2008 (Submittals). No further action is required by Alabama because the SIP revisions were not required by the CAA. As a result of this action, Alabama's visible emissions rule that was in the SIP prior to the October 15, 2008, final action will be the current SIP-approved rule as of the effective date of this action. EPA urges Alabama to undertake rulemaking that will bring its State-effective rule into conformance with its SIP-approved rule.

Pursuant to the Federal Advisory Committee Act, EPA gives notice that a public meeting of the Pesticide Program Dialogue Committee (PPDC) is scheduled for April 20-21, 2011. A draft agenda is under development that will include Integrated Pest Management, Pollinator Protection, Children/Worker Risk Policy, Endangered Species Act issues; and reports from and discussions about current issues from the following PPDC work groups: 21st Century Toxicology/New Integrated Testing Strategies; Pesticide Registration Improvement Act (PRIA) Process Improvements; Comparative Safety Statements for Pesticide Product Labeling; and Public Health Work Group. Updates will also cover spray drift, inerts disclosure, water quality issues, and the regulatory improvement initiative. PPDC work group meetings are also being scheduled and are open to the public. The PPDC PRIA Process Work Group will meet on April 19, 2011, from 1 p.m. to 4 p.m., and the PPDC Public Health Workgroup will meet on April 19, 2011, from 1 p.m. to 5 p.m.

This regulation establishes tolerances for residues of indaziflam in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience LP requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA has received a specific exemption request from the Wyoming Department of Agriculture to use the pesticide diflubenzuron (CAS No. 35367-38-5) to treat up to 26,000 acres of alfalfa to control grasshoppers and Mormon crickets. The applicant proposes a use which is supported by the Interregional (IR)-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. EPA is soliciting public comment before making the decision whether or not to grant the exemption.