Wednesday, December 16, 2009

Environmental Federal Register, Vol. 74, No. 240, December 16, 2009

Federal Register
Vol. 74, No. 240
Wednesday, December 16, 2009
 
 
There are 8 announcements in this issue
 
    1. TOXICS - FR. EPA. 2,6-Diisopropylnaphthalene (2,6-DIPN); Time-Limited Pesticide Tolerances
 
    2. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Industrial-Commercial-Institutional Steam Generating Units, EPA ICR Number 1088.12, OMB Control Number 2060-0072
 
    3. TOXICS - ND. EPA. Pesticide Products; Registration Applications
 
    4. TOXICS - ND. EPA. Dibromo-3-nitrilopropionamide et al; Antimicrobial Pesticide Registration Review Dockets Opened for Review and Comment
 
    5. TOXICS - ND. EPA. Carbaryl; Product Cancellation Order
 
    6. TOXICS - ND. EPA. Notice of Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
 
    7. TOXICS - ND. EPA. Registration Review; Pesticide Dockets Opened for Review and Comment
 
    8. WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered with Critical Habitat
  
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. 2,6-Diisopropylnaphthalene (2,6-DIPN); Time-Limited Pesticide Tolerances
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Rules and Regulations]              
[Page 66574-66580]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0802; FRL-8798-5]

2,6-Diisopropylnaphthalene (2,6-DIPN); Time-Limited Pesticide
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes time-limited tolerances for
residues of 2,6-diisopropylnaphthalene (2,6-DIPN), including its
metabolites and degradates, resulting from post-harvest applications to
potatoes, in or on various commodities. Loveland Products, Incorporated
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA). The tolerances will expire on May 18, 2012.

DATES: This regulation is effective December 16, 2009. Objections and
requests for hearings must be received on or before February 16, 2010,
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-2009-0802. 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: Leonard Cole, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-5412; e-mail
address: cole.leonard@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Industrial-Commercial-
Institutional Steam Generating Units, EPA ICR Number 1088.12, OMB Control Number 2060-0072
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66638-66639]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0528; FRL-9092-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Industrial-Commercial-
Institutional Steam Generating Units, EPA ICR Number 1088.12, OMB
Control Number 2060-0072

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 15,
2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0528, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robert C. Marshall, Jr., Office of
Compliance, Mail code: 2223A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-7021; fax number: (202) 564-0050; e-mail address:
marshall.robert@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: TOXICS - ND. EPA. Pesticide Products; Registration Applications
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66639-66640]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0822; FRL-8797-2]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before January 15, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0822, 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: Colin G. Walsh, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0298; e-mail
address: walsh.colin@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - ND. EPA. Dibromo-3-nitrilopropionamide et al; Antimicrobial Pesticide Registration Review Dockets Opened for Review and Comment
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66640-66642]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0362; FRL-8795-6]

Dibromo-3-nitrilopropionamide et al; Antimicrobial Pesticide
Registration Review Dockets Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has established registration review dockets for the
pesticides listed in the table in Unit III.A. With this document, EPA
is opening the public comment period for these registration reviews.
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, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration review. 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.

DATES: Comments must be received on or before March 16, 2010.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., 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: For pesticide specific information
contact: The Chemical Review Manager identified in the table in Unit
III.A. for the pesticide of interest.
    For general information contact: Lance Wormell, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0523; fax number: (703) 308-8090; e-
mail address: wormell.lance@epa.gov.

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

ANNOUNCEMENT 5


Subject: TOXICS - ND. EPA. Carbaryl; Product Cancellation Order
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66642-66644]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0347; FRL-8803-9]

Carbaryl; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This Notice announces EPA's order for the cancellations,
voluntarily requested by the registrant and accepted by the Agency, of products
containing the pesticide, carbaryl, pursuant to section 6(f)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an October 21, 2009 Federal
Register Notice of Receipt of Request from the carbaryl registrant to
voluntarily cancel their carbaryl pet collar product registrations.
These are not the last carbaryl products registered for use in the
United States; however, they are the last carbaryl products registered
for use on pets. In the October 21, 2009 Notice, EPA indicated that it
would issue an order implementing the cancellations, unless the Agency
received substantive comments within the 30-day comment period that
would merit its further review of these requests, or unless the
registrant withdrew its request within this period. The Agency received
one comment on the Notice, but it did not merit further review of the
request. Further, the registrant did not withdraw its request.
Accordingly, EPA hereby issues in this Notice a cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the carbaryl 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 of the products listed in Table 1 of Unit II.
are effective September 30, 2010.

FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Pesticide Re-
Evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (215) 814-2184; fax number: (215) 814-3113; e-
mail address: guerry.jacqueline@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Notice of Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66644-66645]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0821; FRL-8797-3]

Notice of Receipt of a Pesticide Petition Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's receipt of an initial
filing of a pesticide petition proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before January 15, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0821 and the pesticide petition number (PP)
9F7619, 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: Colin G. Walsh, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0298; e-mail
address: walsh.colin@epa.gov.

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

ANNOUNCEMENT 7


Subject: TOXICS - ND. EPA. Registration Review; Pesticide Dockets Opened for Review and Comment
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]              
[Page 66645-66648]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0870; FRL-8802-8]

Registration Review; Pesticide Dockets Opened for Review and
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has established registration review dockets for the
pesticides listed in the table in Unit III.A. With this document, EPA
is opening the public comment period for these registration reviews.
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, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration reviews. 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.
This document also announces the Agency's intent not to open
registration review dockets for aldoxycarb, 1 RS cis-permethrin, and
cyhexatin. These pesticides do not currently have any actively
registered pesticide products and are therefore not scheduled for
review under the registration review program. Additionally, this
document announces that the Agency is not opening a registration review
docket for carbofuran because cancellation is in process.

DATES: Comments must be received on or before February 16, 2010.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., 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: For pesticide specific information
contact: The Chemical Review Manager identified in the table in Unit
III.A. for the pesticide of interest.
    For general information contact: Kevin Costello, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-5026; fax
number: (703) 308-8090; e-mail address: costello.kevin @epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 

ANNOUNCEMENT 8


Subject: WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition to List 475 Species in the Southwestern United States as Threatened or Endangered with Critical Habitat
 
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Proposed Rules]              
[Page 66865-66905]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2008-0130]
[92210-1111-0000-B2]

Endangered and Threatened Wildlife and Plants; Partial 90-Day
Finding on a Petition to List 475 Species in the Southwestern United
States as Threatened or Endangered with Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on 192 species from a petition to list 475 species in
the southwestern United States as threatened or endangered under the
Endangered Species Act of 1973, as amended (Act). For 125 of the 192
species, we find that the petition did not present substantial
information indicating that listing may be warranted. Based on our
review, we find that the petition presents substantial scientific or
commercial information indicating that listing may be warranted for 67
of the 192 species. Therefore, with the publication of this notice, we
are initiating a status review of the 67 species to determine if
listing is warranted. To ensure that the status review is
comprehensive, we are requesting scientific and commercial data and
other information regarding these 67 species. Based on the status
review, we will issue a 12-month finding on the petition, which will
address whether the petitioned action is warranted, as provided in the
Act.

DATES: To allow us adequate time to conduct a status review, we request
that we receive information on or before February 16, 2010. After this
date, you must submit information directly to the Southwest Regional
Ecological Services Office (see FOR FURTHER INFORMATION CONTACT section
below). Please note that we may not be able to address or incorporate
information that we receive after the above requested date.

ADDRESSES: You may submit information by one of the following methods:
    Federal rulemaking Portal: http://www.regulations.gov.
Search for Docket no. FWS-R2-ES-2008-0130 and then follow the
instructions for submitting comments.
    U.S. Mail or hand delivery: Public Comments Processing,
Attn: FWS-R6-ES-2008-0131; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
    We will post all information received on http://
www.regulations.gov
. This generally means that we will post any
personal information you provide us (see the Request for Information
section below for more information).

FOR FURTHER INFORMATION CONTACT: Nancy Gloman, Assistant Regional
Director, Southwest Regional Ecological Services Office, 500 Gold
Avenue SW, Albuquerque, NM 87102; telephone 505/248-6920; facsimile
505/248-6788. If you use a telecommunications device for the deaf
(TDD), please call the Federal Information Relay Service (FIRS) at 800-
877-8339.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT: