Environmental Protection Agency June 15, 2011 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians and Elizabeth Crowe in the United States District Court for the Northern District of California: WildEarth Guardians and Elizabeth Crowe v. Jackson, No. 4:11-cv-02205-SI (N.D. Cal.). On May 5, 2011, Plaintiffs filed a complaint alleging that EPA failed to perform a mandatory duty under the CAA to act on a State Implementation Plan submitted by the State of Arizona. In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, between Petitioners: WildEarth Guardians and Elizabeth Crowe, and Respondent, the U.S. Environmental Protection Agency (EPA) (collectively ``the Parties''). On or about June 13, 2007, the Petitioners submitted to EPA, Arizona's State Implementation Plan for the 1997 8-hour ozone nonattainment area of Phoenix-Mesa, Arizona (Phoenix-Mesa SIP). The Petitioners allege that EPA failed to take timely final action to approve, disapprove, or partially approve/disapprove the Phoenix-Mesa SIP. Under the terms of the proposed consent decree deadlines have been established for EPA to take action.

EPA is proposing to determine pursuant to the Clean Air Act (CAA), that the bi-state Louisville, Kentucky-Indiana, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Louisville Area'' or ``the Area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by its applicable attainment date of April 5, 2010. The determination of attainment was previously made by EPA on March 9, 2011, based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. EPA is now proposing to find that the Louisville Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date. EPA is proposing this action because it is consistent with the CAA and its implementing regulations.

This regulation establishes tolerances for residues of difenoconazole in or on aspirated grain fractions; carrot; chickpea; fruits, stone, group 12; soybean, hulls; soybean, seed; strawberry; and turnip greens. Syngenta Crop Protection, Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also increases the existing tolerances for cattle, liver; goat, liver; hog, liver; horse, liver; sheep, liver; and decreases the existing tolererance for egg and revises the tolerance expression for animal commodities.

This notice makes available for review and public comment a second petition supplement submitted by the Natural Resources Defense Council (NRDC) to the Environmental Protection Agency (EPA or the Agency) on January 18, 2011. This second supplement supports NRDC's original petition, dated November 26, 2007, requesting that the Agency cancel all pet collar uses for the pesticide propoxur. The petitioner, NRDC, initially requested these cancellations based on their belief that EPA failed to adequately assess residential exposures to pet collars. NRDC believes that modifications to the non-dietary oral exposure pathway presented in the Revised N-methyl Carbamate (NMC) Cumulative Risk Assessment (CRA) underestimate exposure to propoxur from pet collar uses. On April 23, 2009, NRDC supplemented their original petition with additional information on the pesticide. In its most recent supplement, dated January 18, 2011, NRDC states that the EPA's occupational and residential exposure (ORE) risk assessment for propoxur pet collars uses, dated April 7, 2010, as well as the follow- up memorandum refining the ORE risk assessment, dated July 12, 2010, present health risks above EPA's level of concern. NRDC believes that the Agency used incorrect exposure assumptions and failed to adequately assess all routes of exposure, leading to an underestimation of residential risk to children from propoxur pet collars. Finally, under cover letter dated February 4, 2011, NRDC also submitted to EPA 7,577 letters supporting its petition supplement.

This notice announces the availability of EPA's final registration review decision for the pesticide propetamphos, case no. 2550. 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.