Monday August 29, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure State Implementation Plan Requirement To Address Interstate Transport for the 2006 24-Hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R03–OAR–2010–1027; FRL–9457–2]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware on
September 16, 2009, as supplemented on April 27, 2011. The revision satisfies
the Clean Air Act (CAA) infrastructure requirement that each State’s plan
contain adequate provisions prohibiting its emissions from contributing
significantly to nonattainment in, or interfering with maintenance by, any
other state with respect to the 2006 24- hour fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS). EPA is approving this
revision in accordance with the requirements of the CAA. DATES: Effective Date: This final rule is effective on September 28, 2011. - Tetraconazole; Pesticide Tolerances. 40 CFR Part 180 [EPA–HQ–OPP–2010–0583; FRL–8885–1]. Final rule. This regulation establishes
tolerances for residues of tetraconazole in or on multiple commodities which are identified and discussed later in this document. In addition, EPA is removing
the existing grape tolerance because grape is now covered under the newly
established tolerance for small fruit vine climbing, except fuzzy kiwifruit,
subgroup 13–07F. The Interregional Research Project Number 4 (IR–4)
requested these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA). DATES: This regulation is effective August 29, 2011. Objections and
requests for hearings must be received on or before October 28, 2011, and must
be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). - Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District. 40 CFR Part 52 [EPA–R09–OAR–2011–0412; FRL–9455–3]. Final rule. EPA is finalizing approval of
revisions to the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) portion of the California State Implementation Plan (SIP). These
revisions were proposed in the Federal Register on June 24, 2011 and concern
oxides of nitrogen (NOx) and particulate matter (PM) emissions from glass
melting furnaces. We are approving a local rule that regulates these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Effective Date: This rule is effective on September 28, 2011.
Notices
- Notice of Intent To Suspend Certain Pesticide Registrations. [EPA–HQ–OPP–2010–0848; FRL–8881–4]. Notice. This notice, pursuant to
section 6(f)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), announces a Notice of Intent to Suspend issued by EPA pursuant to
section 3(c)(2)(B) of FIFRA. The Notice of Intent to Suspend was issued
following the Agency’s issuance of a Data Call-In notice (DCI), which
required the registrant of the affected pesticide product containing a certain
pesticide active ingredient to take appropriate steps to secure certain data,
and following the registrant’s failure to submit these data or to take other
appropriate steps to secure the required data. The subject data were determined
to be required to maintain in effect the existing registration of the affected
product. Failure to comply with the data requirements of a DCI is a basis for
suspension of the affected registration under section 3(c)(2)(B) of FIFRA.
DATES: The Notice of Intent to Suspend notice will become a final and effective
suspension order automatically by operation of law 30 days after the date of the registrant’s receipt of the mailed Notice of Intent to Suspend or 30 days after the date of publication of this notice in the Federal Register (if the mailed Notice of Intent to Suspend is returned to the Administrator as undeliverable, if delivery is refused, or if the Administrator otherwise is unable to accomplish delivery to the registrant after making reasonable efforts to do so), unless during that time a timely and adequate request for a hearing is made by a person adversely affected by the Notice of Intent to Suspend or the registrant has satisfied the Administrator that the registrant has complied fully with the requirements
that served as a basis for the Notice of Intent to Suspend. Unit IV. explains
what must be done to avoid suspension under this notice (i.e., how to request a
hearing or how to comply fully with the requirements that served as a basis for
the Notice of Intent to Suspend).
August 30, 2011
Final Rules
- Tebuconazole; Pesticide Tolerances. 40 CFR Part 180 [ EPA–HQ–OPP–2011–0120; FRL–8885–4]. Final rule. This regulation establishes
tolerances for residues of tebuconazole in or on wheat, grain; oats, grain; wheat,
shorts; and wheat, germ. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective August 31, 2011. Objections and requests for hearings must be received
on or before October 31, 2011, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). - Review of National Ambient Air Quality Standards for Carbon Monoxide. 40 CFR Parts 50, 53 and 58 [EPA–HQ–OAR–2008–0015; FRL–9455–2]. Final rule. This rule is being issued at this time as required by a court order governing the schedule for completion of this review of the air quality criteria and the national ambient air quality standards (NAAQS) for carbon monoxide (CO). Based on its review, the EPA concludes the current primary standards are requisite to protect public health with an adequate margin of safety, and is retaining those standards.
After review of the air quality criteria, EPA further concludes that no secondary standard should be set for CO at this time. EPA is also making changes to the ambient air monitoring requirements for CO, including those related to network design, and is updating, without substantive change, aspects of the Federal reference method. DATES: This final rule is effective on October 31, 2011.
Proposed Rules
- Fenamiphos; Proposed Data Call-In Order for Pesticide Tolerance. 40 CFR Part 180 [EPA–HQ–OPP–2011–0702; FRL–8886–2]. Proposed rule. This document proposes to require the submission of various data required to support the continuation of the tolerances for the pesticide fenamiphos. Pesticide tolerances are established under the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: Comments must be received on or before October 31, 2011.
Notices
- Draft Toxicological Review of 1,4– Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS). [FRL–9457–8; Docket ID No. EPA–HQ–ORD–2011–0390]. Notice. EPA is announcing a 60-day public comment period and a public listening session for the external review draft human health assessment titled, ‘‘Toxicological Review of 1,4–Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ (EPA/635/R–11/003). New studies regarding the toxicity of 1,4- dioxane through the inhalation route of exposure are available that were not included in the 1,4-dioxane assessment that was posted on the IRIS database in 2010 (U.S. EPA, 2010). These studies have been incorporated into the previously posted assessment for review (U.S. EPA, 2010). The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed
to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public
comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits. The listening session will be held on October 18, 2011, during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties attending the listening session. EPA welcomes the comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment after the independent external peer review. If listening session participants would like EPA to share their comments with the external peer reviewers, they should also submit written comments during the public comment period using the detailed and established procedures described in the SUPPLEMENTARY INFORMATION section of this notice. DATES: The public comment period begins August 31, 2011, and ends October 31, 2011. Comments should be in writing and must be received by EPA by October 31, 2011. The listening session on the draft assessment for 1,4-dioxane will be held on October 18, 2011, beginning at 9 a.m. and ending at 4 p.m., Eastern Daylight Time or when the last presentation has been completed. To attend the listening session, interested parties should register no later than October 11, 2011. To present at the listening session, indicate in your registration that you would like to make oral comments at the session and provide the length of your presentation. To attend the listening session, register by October 11, 2011 via e-mail at bcolon@versar.com (subject line: 1,4-Dioxane Listening Session), by phone: 703–750–3000, ext. 6727, or toll free at 1–800–2–VERSAR (ask for Betzy Colon, the 1,4-Dioxane Listening Session Coordinator), or by faxing a registration request to 703–642–6809 (please reference the ‘‘1,4-Dioxane Listening Session’’ and include your name, title, affiliation, full address and contact information). When you register, please indicate if you will need audiovisual equipment (e.g., laptop computer and slide projector). In general, each presentation should be no more than 30 minutes. If, however, there are more requests for presentations than the allotted time allows, then the time limit for each presentation will be adjusted. A copy of the agenda for the listening session will be available at the meeting. If no speakers have registered by October 11, 2011, the listening session
will be cancelled, and EPA will notify those registered of the cancellation. - Draft Toxicological Review of Acrylonitrile: In Support of Summary Information on the Integrated Risk Information System (IRIS). [FRL–9458–2; Docket ID No. EPA–HQ–ORD–2009–0204]. Notice. EPA announced a 60-day public comment period on June 30, 2011 (76 FR 38387) for the external review draft human health assessment titled, ‘‘Toxicological Review of Acrylonitrile: In Support of Summary Information on the Integrated Risk Information System (IRIS)’’ (EPA/635/ R–08/013A). We are extending this notice 30 days at the request of the Acrylonitrile Group. The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment solely for the purpose of predissemination peer review under applicable information quality
guidelines. This draft assessment has not been formally disseminated by EPA.
It does not represent and should not be construed to represent any Agency
policy or determination. After public review and comment, an EPA contractor
will convene an expert panel for independent external peer review of this
draft assessment. The public comment period and external peer review meeting
are separate processes that provide opportunities for all interested parties to
comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the
external peer reviewers before the panel meeting and considered by EPA in the
disposition of public comments. Public comments received after the public
comment period closes will not be submitted to the external peer reviewers
and will only be considered by EPA if time permits. DATES: The public comment period will be extended to end September 28, 2011. Comments should be in writing and must be received by EPA by September 28, 2011. - Draft Toxicological Review of n-Butanol: In Support of Summary Information on the Integrated Risk Information System (IRIS). [FRL–9457–9; Docket ID No. EPA–HQ–ORD–2011–0671]. Notice. EPA is announcing a 60-day public comment period and a public listening session for the external review draft human health assessment titled, ‘‘Toxicological Review of n-Butanol: In
Support of Summary Information on the Integrated Risk Information System
(IRIS)’’ (EPA/635/R–11/081A). The draft assessment was prepared by the
National Center for Environmental Assessment (NCEA) within the EPA
Office of Research and Development (ORD). EPA is releasing this draft
assessment solely for the purpose of predissemination peer review under
applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public
comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits. The listening session will be held on October 5, 2011, during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties attending the listening session. EPA welcomes the comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment after the independent external peer review. If listening session participants would like EPA to share their comments with the external peer reviewers, they should also submit written comments during the public comment period using the detailed and established procedures described in the SUPPLEMENTARY INFORMATION section of this notice. DATES: The public comment period begins August 31, 2011, and ends October 31, 2011. Comments should be in writing and must be received by EPA by October 31, 2011. The listening session on the draft assessment for n-Butanol will be held on October 5, 2011, beginning at 9 a.m. and ending at 4 p.m., Eastern Daylight Time or when the last presentation has been completed. To attend the listening session, interested parties should register no later than September 28, 2011. To present at the listening session, indicate in your registration that you would like to make oral comments at the session and provide the length of your presentation. To register, please contact Ms. Stephanie Sarraino at Versar, Inc., by e-mail at
ssarraino@versar.com or by telephone at 703–750–3000, extension 737. When
registering, please reference the n- Butanol listening session, provide your
name, organization, contact information, any sponsorship information, whether
you will be a speaker or an observer, and if you are a speaker, the approximate length of your presentation. When you register, please indicate if you will need audio-visual equipment (e.g., laptop computer and slide projector). In general, each presentation should be no more than 30 minutes. If, however, there are more requests for presentations than the allotted time allows, then the time limit
for each presentation will be adjusted. A copy of the agenda for the listening
session will be available at the meeting. If no speakers have registered by
September 28, 2011, the listening session will be cancelled, and EPA will
notify those registered of the cancellation. - Pesticide Experimental Use Permit; Receipt of Application; Comment Request. [EPA–HQ–OPP–2011–0529; FRL–8884–7]. Notice. This notice announces EPA’s receipt of an application 54289–EUP–R from Evonik Degussa Corp., 379
Interpace Parkway, Parsippany, NJ 07054 requesting an experimental use
permit (EUP) for Peraclean, treatment of wastewater effluent from oil well
fracturing. 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. DATES: Comments must be received on or before September 30, 2011 - Product Cancellation Order for Certain Pesticide Registrations. [EPA–HQ–OPP–2010–0014; FRL–8885–6]. Notice. This notice announces EPA’s
order for the cancellations, voluntarily requested by the registrants and
accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows a January 19, 2011 Federal
Register Notice of Receipt of Requests from the registrants listed in Table 2 of
Unit II. to voluntarily cancel these product registrations. In the January 19,
2011 notice, EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 180 day comment period that would merit its further review of these
requests, or unless the registrants withdrew their requests. One comment
was received during the 180-day comment period, but did not merit further review of the requests to voluntarily cancel certain pesticide registrations. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. DATES: The cancellations are effective August 31, 2011.
Friday September 2, 2011
Final Rule
- Approval and Promulgation of Air Quality Implementation Plans; Virginia; Permits for Major Stationary Sources and Major Modifications Locating in
Prevention of Significant Deterioration Areas. 40 CFR Part 52 [EPA–R03–OAR–2010–0856; FRL–9459–1]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision establishes the addition of nitrogen oxides (NOX) as a
precursor to ozone in Virginia for permits of major stationary sources or
major modifications locating in Prevention of Significant Deterioration (PSD) areas. EPA is approving the addition of NOX as a precursor to ozone based on the Virginia regulations dated December 31, 2008. A previous PSD program approval of Virginia’s Chapter 80, Article 8 regulations was provided to the Commonwealth as a ‘‘limited approval’’ for reasons that will not deny this action as being fully approved. This revision to add NOX as a precursor to ozone is in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on October 3, 2011.
Notice
- Notice of Suspension and Commencement of Proposed Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism. Notice. The Enforcement Bureau (the ‘‘Bureau’’) gives notice of Mr. Tyrone D. Pipkin’s suspension from the schools and libraries universal service support mechanism (or ‘‘E–Rate Program’’). Additionally, the Bureau gives notice that debarment proceedings are commencing against him. Mr. Pipkin, or any person who has an existing contract with or intends to contract with him to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support, may respond by filing an opposition request, supported by documentation to Joy Ragsdale, Federal Communications Commission, Enforcement Bureau, Investigations and
Hearings Division, Room 4–C330, 445 12th Street, SW., Washington, DC
20554. DATES: Opposition requests must be received by 30 days from the receipt of the suspension letter or October 3, 2011, whichever comes first. The Bureau will decide any opposition request for reversal or modification of suspension
or debarment within 90 days of its receipt of such requests.