Wednesday, May 13, 2009

Environmental Federal Register, Vol. 74, No. 91, May 13, 2009

Federal Register
Vol. 74, No. 91
Wednesday, May 13, 2009
 
There are 8 announcements in this issue
 
    1. TOXICS - FR. EPA. Calcium Lactate Pentahydrate; Exemption from the Requirement of a Tolerance
 
    2. TOXICS - FR. EPA. Candida oleophila Strain O; Exemption from the Requirement of a Tolerance
 
    3. TOXICS - FR. EPA. Methoxyfenozide; Pesticide Tolerances for Emergency Exemptions
 
    4. TOXICS - PR. EPA. Ametryn, Amitraz, Ammonium Soap Salts of Higher Fatty Acids (C8-C18 saturated; C8-C12 unsaturated), Bitertanol, Coppers, et al.; Proposed Tolerance Actions
 
    5. AIR - NM. EPA. Board of Scientific Counselors (BOSC), 2009 Clean Air
Subcommittee Meeting
 
    6. DRINK - NM. EPA. Meeting of the National Drinking Water Advisory Council--Notice of Public Meeting
 
    7. TOXICS - ND. EPA. Pesticide Reregistration Performance Measures and Goals
 
    8. ENERGY/Biofuels - ND. USDA/Commodity Credit Corporation. Amended Notice of Intent To Prepare an Environmental Impact Statement for the Biomass Crop Assistance Program
   
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: TOXICS - FR. EPA. Calcium Lactate Pentahydrate; Exemption from the Requirement of a Tolerance
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]              
[Page 22456-22460]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0093; FRL-8412-5]

Calcium Lactate Pentahydrate; Exemption from the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of calcium lactate pentahydrate (CAS Reg.
No. 5743-47-5) when used as an inert ingredient in pesticide
formulations applied to growing crops or to raw agricultural
commodities after harvest. SynTech Global LLC, on behalf of BioNext
sprl submitted a petition to EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by the Federal Quality Protection Act
of 1996 (FQPA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of calcium lactate pentahydrate.

DATES: This regulation is effective May 13, 2009. Objections and
requests for hearings must be received on or before July 13, 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-2008-0093. 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: Karen Samek, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 347-8825; e-mail address: samek.karen@epa.gov.
 
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ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Candida oleophila Strain O; Exemption from the Requirement of a Tolerance
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]              
[Page 22460-22464]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0164; FRL-8412-9]

Candida oleophila Strain O; Exemption from the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the microbial pesticide, Candida
oleophila Strain O, on apples and pears when applied/used as a post-
harvest biofungicide. BioNext sprl (in care of SynTech Global, LLC)
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 Candida oleophila Strain O.

DATES: This regulation is effective May 13, 2009. Objections and
requests for hearings must be received on or before July 13, 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-2008-0164. 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: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 347-8920; e-mail address: kausch.jeannine@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. Methoxyfenozide; Pesticide Tolerances for Emergency Exemptions
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]              
[Page 22464-22469]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0020; FRL-8410-3]

Methoxyfenozide; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes time-limited tolerances for
residues of the insecticide methoxyfenozide per se, in or on sorghum,
forage; sorghum, grain; and sorghum, stover. This action is in response
to a crisis exemption issued by the Louisiana Department of Agriculture
under section 18 of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) authorizing use of the pesticide on grain sorghum. This
regulation establishes a maximum permissible level for residues of
methoxyfenozide in these feed commodities. The time-limited tolerances
expire and will be revoked on December 31, 2012.

DATES: This regulation is effective May 13, 2009. Objections and
requests for hearings must be received on or before July 13, 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-2009-0020. 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: Stacey Groce, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-2505; e-mail address: groce.stacey@epa.gov.
 
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ANNOUNCEMENT 4


Subject: TOXICS - PR. EPA. Ametryn, Amitraz, Ammonium Soap Salts of Higher Fatty Acids (C8-C18 saturated; C8-C12 unsaturated), Bitertanol, Coppers, et al.; Proposed Tolerance Actions
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Proposed Rules]              
[Page 22478-22490]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0251; FRL-8412-3]

Ametryn, Amitraz, Ammonium Soap Salts of Higher Fatty Acids
(C8-C18 saturated; C8-C12 unsaturated), Bitertanol, Coppers, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to revoke certain tolerances/tolerance
exemptions for the fungicides pentachloronitrobenzene and triadimenol,
the herbicides ametryn, fluazifop-P-butyl, and prometryn; the
insecticides amitraz and mineral oil; the defoliant/desiccant sodium
chlorate; and the fungicide/algicide/herbicide coppers. Also, EPA is
proposing to modify certain tolerances for the fungicide bitertanol and
the insecticide malathion. In addition, EPA is proposing to establish
new tolerances/tolerance exemptions for the fungicides coppers and
pentachloronitrobenzene; the herbicide prometryn; the insecticide
malathion; and the defoliant/desiccant sodium chlorate; and revise the
tolerance expression for the ammonium salts of higher fatty acids
(ammonium soap salts). The regulatory actions proposed in this document
are in follow-up to the Agency's reregistration program under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and
tolerance reassessment program under the Federal Food, Drug, and
Cosmetic Act (FFDCA), section 408(q).

DATES: Comments must be received on or before July 13, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0251, 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: Joseph Nevola, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail
address: nevola.joseph@epa.gov.

 
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ANNOUNCEMENT 5


Subject: AIR - NM. EPA. Board of Scientific Counselors (BOSC), 2009 Clean Air
Subcommittee Meeting
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Notices]              
[Page 22539-22540]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2009-0225; FRL-8904-3]

Board of Scientific Counselors (BOSC), 2009 Clean Air
Subcommittee Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a meeting.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a meeting of the Board of Scientific
Counselors (BOSC) Clean Air Subcommittee.

DATES: The meeting (a teleconference call) will be held on Friday, May
29th, 2009 from 12 p.m. to 2 p.m. EST. The meeting may adjourn early if
all business is finished. Requests for the draft agenda or for making
oral presentations at the meeting will be accepted up to one business
day before the meeting.

ADDRESSES: Participation in the conference call will be by
teleconference only--meeting rooms will not be used. Members of the
public may obtain the call-in number and access code for the call from
Heather Drumm, whose contact information is listed under the FOR
FURTHER INFORMATION CONTACT section of this notice. Submit your
comments, identified by Docket ID No. EPA-HQ-ORD-2009-0225, by one of
the following methods:
    www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail: Send comments by electronic mail (e-mail) to:
ORD.Docket@epa.gov, Attention Docket ID No. EPA-HQ-ORD-2009-0225.
    Fax: Fax comments to: (202) 566-0224, Attention Docket ID
No. EPA-HQ-ORD-2009-0225.
    Mail: Send comments by mail to: Board of Scientific
Counselors (BOSC), 2009 Clean Air Subcommittee Meetings Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-ORD-2009-0225.
    Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2009-
0225.

    Note:  this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Heather Drumm, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at: (202) 564-8239; via fax at: (202) 565-2911; or via e-mail at:
drumm.heather@epa.gov.
 
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ANNOUNCEMENT 6


Subject: DRINK - NM. EPA. Meeting of the National Drinking Water Advisory Council--Notice of Public Meeting
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Notices]              
[Page 22540-22541]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8904-2]

Meeting of the National Drinking Water Advisory Council--Notice
of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Under Section 10(a)(2) of Public Law 92-423, ``The Federal
Advisory Committee Act,'' notice is hereby given of a meeting of the
National Drinking Water Advisory Council (NDWAC), established under the
Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The
Council will consider various issues associated with drinking water
protection and small public water systems. The Council will also
receive updates about several on-going activities including rulemakings
related to the Total Coliform Rule, Geologic Sequestration, and the
Aircraft Drinking Water Rule and efforts underway to help the water
sector improve their resiliency to potential effects of climate change.

DATES: The Council meeting will be held on May 27 and 28, 2009, from 8
a.m. to 5 p.m., each day.

ADDRESSES: The meeting will be held in Seattle, WA. Information about
the location will be made available in the near future on EPA's Web
site at http://www.epa.gov/safewater/ndwac/.

FOR FURTHER INFORMATION CONTACT: Members of the public who would like
to attend the meeting, present an oral statement, or submit a written
statement, should contact Veronica Blette, by e-mail at:
blette.veronica@epa.gov, by phone, 202-564-4094, or by regular mail at
the U.S. Environmental Protection Agency, Office of Ground Water and
Drinking Water (MC 4601M), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460.
 
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ANNOUNCEMENT 7


Subject: TOXICS - ND. EPA. Pesticide Reregistration Performance Measures and Goals
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Notices]              
[Page 22541-22547]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0897; FRL-8397-6]

Pesticide Reregistration Performance Measures and Goals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's progress in meeting its
performance measures and goals for pesticide reregistration during
fiscal year 2008. The Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) requires EPA to publish information about EPA's annual
achievements in this area. This notice discusses the integration of
tolerance reassessment with the reregistration process, and describes
the status of various regulatory activities associated with
reregistration and tolerance reassessment. The notice gives total
numbers of chemicals and products reregistered, Data Call-Ins issued,
and products registered under the ``fast-track'' provisions of FIFRA.

DATES: This notice is not subject to a formal comment period.
Nevertheless, EPA welcomes input from stakeholders and the general
public. Written comments, identified by the docket identification (ID)
number EPA-HQ-OPP-2008-0897, should be received on or before July 13,
2009.

ADDRESSES: Submit your comments, identified by docket ID number EPA-HQ-
OPP-2008-0897, 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
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket'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: Carol P. Stangel, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (703) 308-8007; e-
mail:stangel.carol@epa.gov
.
 
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ANNOUNCEMENT 8


Subject: ENERGY/Biofuels - ND. USDA/Commodity Credit Corporation. Amended Notice of Intent To Prepare an Environmental Impact Statement for the Biomass Crop Assistance Program
 
[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Notices]              
[Page 22510-22511]

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Amended Notice of Intent To Prepare an Environmental Impact
Statement for the Biomass Crop Assistance Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Commodity Credit Corporation (CCC) intends to prepare an
Environmental Impact Statement (EIS) for the Biomass Crop Assistance
Program (BCAP). BCAP is a new program authorized by the Food,
Conservation, and Energy Act of 2008 (the 2008 Farm Bill). The EIS will
assess the potential environmental impacts of alternatives for
administration and implementation of BCAP. Through this notice and
public meetings, CCC is requesting the public to provide comments and
inputs on the preliminary proposed program alternatives and
environmental concerns associated with the implementation of BCAP.

DATES: See the SUPPLEMENTARY INFORMATION section for dates of the six
public meetings.
    Comments: We will consider comments that we receive by June 12,
2009. We will consider comments submitted after that date, to the
extent possible.

ADDRESSES: We invite you to submit comments and to participate in
public meetings on the proposed alternatives related to BCAP. If you e-
mail, fax, or mail your comments, include the volume, date, and page
number of this issue of the Federal Register. You may submit comments
by any of the following methods:
    Go through the established public comments Web site
located at http://public.geo-marine.com.
    E-Mail: bcapeis@geo-marine.com.
    Fax: (757) 873-3703.
    Mail: BCAP EIS c/o Geo-Marine, Inc., 2713 Magruder
Boulevard, Suite D, Hampton, Virginia 23666.
    Hand Delivery or Courier: Deliver comments to the above
address.
    Federal eRulemaking Portal: Go to http://
www.regulations.gov
. Follow the online instructions for submitting
comments.
    Comments may be inspected in the Office of the Director, CEPD, FSA,
USDA, 1400 Independence Ave., SW., Room 4709 South Building,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays.
    See the SUPPLEMENTARY INFORMATION section for addresses for the six
public meetings.

FOR FURTHER INFORMATION CONTACT: Matthew T. Ponish, FSA National
Environmental Compliance Manager at (202) 720-6853 or
matthew.ponish@wdc.usda.gov. Persons with disabilities who require
alternative means for communication (Braille, large print, audio tape,
etc.) should contact the USDA Target Center at (202) 720-2600 (voice
and TDD).

 
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