Environmental Protection Agency January 3, 2017 – Federal Register Recent Federal Regulation Documents

This notice announces the availability of EPA's human health mitigation decision for the pesticide paraquat dichloride, case 0262. 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. EPA may pursue mitigation at any time during the registration review process if it finds that a pesticide poses unreasonable adverse effects to human health or the environment. Based on the number and severity of paraquat human health incidents, the EPA believes that the mitigation measures outlined in this human health mitigation decision are necessary to address identified human health risk concerns.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Citizens for Clean Air and Sierra Club (``Plaintiffs'') in the United States District Court for the Western District of Washington: Citizens for Clean Air, et al. v. McCarthy, et al. No. 2:16-cv-01594-RAJ (W.D. WA.). On October 11, 2016, Plaintiffs filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency and Dennis McLerran, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region 10 (collectively, ``EPA''), failed to perform a duty mandated by CAA to make a determination as to whether the Fairbanks North Star Borough nonattainment area in Alaska attained the 2006 24-hour PM2.5 NAAQS by December 31, 2015, and to publish a notice of that determination within six months of that date. If EPA determines that the area did not attain the 2006 24-hour PM2.5 NAAQS by December 31, 2015, then the nonattainment area will be reclassified from ``moderate'' to a ``serious'' for these NAAQS. The proposed consent decree would establish deadlines for EPA to take certain specified actions.

In this action, the Environmental Protection Agency (EPA) is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required for our review of a petition submitted by the state of Maryland pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that 36 electric generating units located in the states of Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia emit air pollution that significantly contributes to nonattainment and interferes with maintenance of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in state of Maryland. Under section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to a petition if the EPA determines that the extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the section 307(d) notice-and-comment rulemaking requirements. By this action, the EPA is making that determination. The EPA is therefore extending the deadline for acting on the petition to no later than July 15, 2017.