Wednesday, January 7, 2009

Environmental Federal Register, Vol. 74, No. 4, January 7, 2009

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Federal Register
Vol. 74, No. 4
Wednesday, January 7, 2009
 
 
There are 7 announcements in this issue
 
    1. ALL - FR/Correction. EPA. Civil Monetary Penalty Inflation Adjustment Rule
 
    2. TOXICS - FR. EPA. Extract of Chenopodium ambrosioides near ambrosioides; Exemption from the Requirement of a Tolerance
 
    3. TOXICS - FR. EPA. Multiple Chemicals; Extension of Tolerances for Emergency Exemptions
 
    4. TOXICS - FR/Technical Amendment. Novaluron; Pesticide Tolerances Technical Amendment
 
    5. TOXICS - ND. EPA. Issuance of an Experimental Use Permit
 
    6. TOXICS - ND. EPA. Pesticide Experimental Use Permit; Receipt of Application Amendment; Comment Request
 
    7. ENERGY/Coal - ND. DOD/Corps of Engineers. Termination of an Environmental Impact Statement for the Construction and Operation of a 300-MW Coal-Fired Electric Generating Unit Proposed by Wisconsin Power and Light Company Near Cassville in Grant County, WI
 
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: ALL - FR/Correction. EPA. Civil Monetary Penalty Inflation Adjustment Rule
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Rules and Regulations]              
[Page 626-629]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-8760-4]
RIN 2020-AA46

Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This action contains a minor correction to the final Civil
Monetary Penalty Inflation Adjustment Rule, which was published on
December 11, 2008 (73 FR 75340) and will be effective on January 12,
2009. As mandated by the Debt Collection Improvement Act (DCIA), the
rule adjusts for inflation the statutory civil penalties that may be
assessed for violations of EPA-administered statutes and their
implementing regulations. A corrected version of Table 1 of the
regulation appears at the end of this action.

DATES: This correction is effective January 12, 2009.

FOR FURTHER INFORMATION CONTACT: David Abdalla, Special Litigation and
Projects Division (2248A), Office of Civil Enforcement, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 564-
2413.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
ACCESS THE ORIGINAL 12/11/08 PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Extract of Chenopodium ambrosioides near ambrosioides; Exemption from the Requirement of a Tolerance
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Rules and Regulations]              
[Page 629-634]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0528; FRL-8396-2]

Extract of Chenopodium ambrosioides near ambrosioides; Exemption
from the Requirement of a Tolerance

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  This regulation establishes an exemption from the requirement
of a tolerance for residues of the Extract of Chenopodium ambrosioides
near ambrosioides on all food commodities when applied/used as a
biochemical insecticide/acaricide. AgraQuest, Inc. 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 Extract of Chenopodium ambrosioides near ambrosioides
on all food commodities.

DATES:  This regulation is effective January 7, 2009. Objections and
requests for hearings must be received on or before March 9, 2009, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES:  EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0528. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT:  Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-0031; e-mail address: pfeifer.chris@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. Multiple Chemicals; Extension of Tolerances for Emergency Exemptions
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Rules and Regulations]              
[Page 634-636]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0823; FRL-8392--3]

Multiple Chemicals; Extension of Tolerances for Emergency
Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective January 7, 2009. Objections and
requests for hearings must be received on or before March 9, 2009, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0823. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov
, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW, Washington, DC 20460-0001.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - FR/Technical Amendment. Novaluron; Pesticide Tolerances Technical Amendment
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Rules and Regulations]              
[Page 637]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0438; FRL-8396-4]

Novaluron; Pesticide Tolerances Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.

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SUMMARY: EPA issued a final rule in the Federal Register of December
10, 2008, concerning the establishment of tolerance residues of
novaluron in or on sugarcane, cane and tomato. This document is being
issued to correct an amendment to the section as published in that
document.

DATES: This final rule is effective January 7, 2009.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0438. All documents in the
docket are listed in the docket index available in http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone
number: (703) 305-5218; e-mail address: stanton.susan @epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 
ACCESS THE ORIGINAL 12/10/08 PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 

ANNOUNCEMENT 5


Subject: TOXICS - ND. EPA. Issuance of an Experimental Use Permit
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]              
[Page 709-710]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0933; FRL-8398-7]

Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted an experimental use permit (EUP) (524-EUP-99)
to the pesticide applicant--Monsanto Company. An EUP permits use of a
pesticide for experimental or research purposes only in accordance with
the limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8715; e-mail
address: Mike Mendelsohn@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Pesticide Experimental Use Permit; Receipt of Application Amendment; Comment Request
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]              
[Page 710-711]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0135; FRL-8397-5]

Pesticide Experimental Use Permit; Receipt of Application
Amendment; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 524-EUP-
99 from Monsanto Company requesting an amendment to the experimental
use permit (EUP) for the plant-incorporated protectants: 1) Bacillus
thuringiensis Cry1A.105 protein and the genetic material necessary for
its production (vector PV-ZMIR245) in event MON 89034 corn, 2) Bacillus
thuringiensis Cry2Ab2 protein and the genetic material necessary for
its production (vector PV-ZMIR245) in event MON 89034 corn, 3) Bacillus
thuringiensis Cry3Bb1 protein and the genetic material necessary for
its production (vector ZMIR39) in Event MON 88017 corn (Organization
for Economic Cooperation and Development (OECD) Unique Identifier: MON-
88017-3), 4) Bacillus thuringiensis subspecies Cry1F protein and the
genetic material necessary for its production (vector PHI 8999) in
corn, and 5) Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and
the genetic material necessary for their production (vector PHP 17662)
in Event DAS-59122-7 corn. 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 February 6, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0135, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington,VA. Deliveries are only accepted
during the Docket Facility's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
  

FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8077; e-mail
address: cerrelli.susanne@epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 7


Subject: ENERGY/Coal - ND. DOD/Corps of Engineers. Termination of an Environmental Impact Statement for the Construction and Operation of a 300-MW Coal-Fired Electric Generating Unit Proposed by Wisconsin Power and Light Company Near Cassville in Grant County, WI
 
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]              
[Page 701]

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

Termination of an Environmental Impact Statement for the
Construction and Operation of a 300-MW Coal-Fired Electric Generating
Unit Proposed by Wisconsin Power and Light Company Near Cassville in
Grant County, WI

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of Termination.

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SUMMARY: The St. Paul District, Corps of Engineers (Corps) is canceling
the preparation of a federal Environmental Impact Statement (EIS) for
the proposal by Wisconsin Power and Light Company (WPL) to conduct work
below the ordinary high water mark of the Mississippi River, a
navigable water of the U.S., and to discharge dredged or fill material
into waters of the U.S. to facilitate the construction and operation of
a 300 megawatt (MW) baseload coal-fired electric generating unit,
referred to as NED 3, near Cassville in Grant County, WI. The Corps has
terminated its review of the WPL permit application due to WPL's
withdrawal of their permit application on November 21, 2008.

ADDRESSES: Questions concerning this termination notice can be
addressed to Ms. Tamara Cameron, Regulatory Branch by letter at U.S.
Army Corps of Engineers, 190 Fifth Street East, Suite 401, St. Paul, MN
55101-1638, by telephone or by e-mail at
tamara.e.cameron@usace.army.mil.

 
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