Wednesday, January 27, 2010

Environmental Federal Register, Vol. 75, No. 17, January 27, 2010

Federal Register
Vol. 75, No. 17
Wednesday, January 27, 2010
 
Note: Some pesticide announcements omitted from this report (click here).
 
There are 8 announcements in this issue
 
    1. TOXICS - FRs [3 Separate Announcements]. EPA. Pesticide Tolerances:
Novaluron; Pendimethalin; and Triticonazole
 
    2. TOXICS - FR. EPA. Premanufacture Notification Exemption for Polymers; Amendment of Polymer Exemption Rule to Exclude Certain Perfluorinated Polymers
 
    3. TOXICS - FR. EPA. 2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2-methyl-2-propenoate; Tolerance Exemption
 
    4. TOXICS - FR. EPA. Oxirane, 2-Methyl-, Polymer with Oxirane, Dimethyl Ether; Tolerance Exemption
 
    5. TOXICS - ND. EPA. Draft Test Guidelines; Notice of Availability and Request for Comments
 
    6. ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
 
    7. WATER, LAND - NF. DOC/NOAA. National Estuarine Reserve System; Announcement to re-open solicitation period for the National Estuarine research Reserve Land Acquisition and Construction Program FY10
 
    8. GLAKES - PR. DOT/Saint Lawrence Seaway Development Corporation. Seaway Regulations and Rules: Periodic Update, Various Categories
         

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 - FRs [3 Separate Announcements]. EPA. Pesticide Tolerances:
Novaluron; Pendimethalin; and Triticonazole
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
1. Novaluron    [TEXT]  [PDF]
2. Pendimethalin    [TEXT]  [PDF]
3. Triticonazole     [TEXT]  [PDF]
 

 

ANNOUNCEMENT 2


Subject: TOXICS - FR. EPA. Premanufacture Notification Exemption for Polymers; Amendment of Polymer Exemption Rule to Exclude Certain Perfluorinated Polymers
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Rules and Regulations]              
[Page 4295-4305]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 723

[EPA-HQ-OPPT-2002-0051; FRL-8805-5]
RIN 2070-AD58

Premanufacture Notification Exemption for Polymers; Amendment of
Polymer Exemption Rule to Exclude Certain Perfluorinated Polymers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending the polymer exemption rule, which provides an
exemption from the premanufacture notification (PMN) requirements of
the Toxic Substances Control Act (TSCA), to exclude from eligibility
polymers containing as an integral part of their composition, except as
impurities, certain perfluoroalkyl moieties consisting of a CF3- or
longer chain length. This exclusion includes polymers that contain any
one or more of the following: Perfluoroalkyl sulfonates (PFAS),
perfluoroalkyl carboxylates (PFAC), fluorotelomers, or perfluoroalkyl
moieties that are covalently bound to either a carbon or sulfur atom
where the carbon or sulfur atom is an integral part of the polymer
molecule (affected polymers). In general, any person who intends to
manufacture (which is defined by TSCA to include import into the
customs territory of the United States) any of these polymers not
already on the TSCA Inventory (Inventory) must complete the TSCA PMN
review process prior to commencing the manufacture or import of such
polymers. Alternatively, manufacturers or importers may submit a
request for a different exemption, such as the Low Volume Exemption
(LVE) or Low Release and Exposure Exemption (LoREX), for affected
polymers that they reasonably believe may qualify for such exemptions.
Those persons who are currently manufacturing or importing affected
polymers, or who have previously manufactured or imported them but are
not doing so now, in full compliance with the 1995 polymer exemption
rule, may continue manufacturing or importing them until January 27,
2012. After that date, manufacture of these polymers will no longer be
authorized under the polymer exemption rule, and continued manufacture
or import must be authorized under a different TSCA section 5(h)(4)
exemption or under a different TSCA section 5 authority, such as TSCA
section 5(a)(1) or section 5(e). This change is necessary because,
based on current information, EPA can no longer conclude that these
polymers ``will not present an unreasonable risk to human health or the
environment'' under the terms of the polymer exemption rule, which is
the determination necessary to support an exemption under TSCA section
5(h)(4).

DATES: This final rule is effective February 26, 2010.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2002-0051. 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 OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov
.
    For technical information contact: Geraldine Hilton, Chemical
Control Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8986; e-mail
address: hilton.geraldine@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. 2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2-methyl-2-propenoate; Tolerance Exemption
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Rules and Regulations]              
[Page 4292-4295]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0699; FRL- 8807-4]

2-Propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene
and 2-methylpropyl 2-methyl-2-propenoate; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid, 2-ethylhexyl ester,
polymer with ethenylbenzene and 2-methylpropyl 2-methyl-2-propenoate;
when used as an inert ingredient in a pesticide chemical formulation.
BASF Corporation 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 2-propenoic acid,
2-ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2-
methyl-2-propenoate on food or feed commodities.

DATES: This regulation is effective January 27, 2010. Objections and
requests for hearings must be received on or before March 29, 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-2009-0699. 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: Elizabeth Fertich, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8560; e-mail address:
fertich.elizabeth@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - FR. EPA. Oxirane, 2-Methyl-, Polymer with Oxirane, Dimethyl Ether; Tolerance Exemption
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Rules and Regulations]              
[Page 4288-4291]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0675; FRL-8805-3]

Oxirane, 2-Methyl-, Polymer with Oxirane, Dimethyl Ether;
Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxirane, 2-methyl-,polymer with oxirane,
dimethyl ether (CAS Reg. No. 61419-46-3); minimum number average
molecular weight (in AMW) 2,800; when used as an inert ingredient in a
pesticide chemical formulation under 40 CFR 180.960. BASF Corporation,
100 Campus Dr., Florham Park, NJ 07932 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 oxirane, 2-methyl-, polymer with oxirane, dimethyl ether
(CAS Reg. No. 61419-46-3) on food or feed commodities.

DATES: This regulation is effective January 27, 2010. Objections and
requests for hearings must be received on or before March 29, 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-2009-0675. 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: Keri Grinstead, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8373; e-mail address: grinstead.keri@epa.gov.

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

ANNOUNCEMENT 5


Subject: TOXICS - ND. EPA. Draft Test Guidelines; Notice of Availability and Request for Comments
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]              
[Page 4380-4381]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0681; FRL-8437-2]

Draft Test Guidelines; Notice of Availability and Request for
Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing the availability of four draft test
guidelines for Product Performance of Public Health Uses of
Antimicrobial Agents for public review and comment.

DATES: Comments must be received on or before March 29, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0681, 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.   
    Electronic access to the OPPTS Test Guidelines: To access the OPPTS
harmonized test guidelines electronically, please go to http://
www.epa.gov/oppts
and select ``Test Methods & Guidelines'' on the left
side navigation menu. You may also access the guidelines in http://
www.regulations.gov
grouped by series under dockets ID numbers EPA-HQ-
OPPT-2009-0150 through EPA-HQ-OPPT-2009-0159, and EPA-HQ-OPPT-2009-
0576.

FOR FURTHER INFORMATION CONTACT:  For general information contact:
Communications Services Branch (7506P), Field and External Affairs
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone numbers: (703) 305-5017 and TDD: (202) 554-0551; fax number:
(703) 305-5558.
    For technical information contact: Michele Wingfield,
Antimicrobials Division (7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-6349; fax
number: (703) 305-5620; e-mail address: wingfield.michele@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: ENERGY/Wind - NM. DOI/FWS. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]              
[Page 4414-4415]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-FHC-2010-N015; 94300-1122-0000-Z2]

Wind Turbine Guidelines Advisory Committee; Announcement of
Public Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of public meeting.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), will host a
Wind Turbine Guidelines Advisory Committee (Committee) meeting March 2-
4, 2010. The meeting is open to the public. The meeting agenda will
include discussion of the current draft Recommendations to the
Secretary.

DATES: The meeting is scheduled for March 2-4, 2010. For session times,
see ``Session Times'' under SUPPLEMENTARY INFORMATION. To attend, you
must register by February 23, 2010. See below.

ADDRESSES: We will hold the meeting at the U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Rooms 200A & B, Arlington, Virginia,
22203. For more information, see ``Meeting Location Information.''

FOR FURTHER INFORMATION CONTACT: Rachel London, Division of Habitat and
Resource Conservation, U.S. Fish and Wildlife Service, (703) 358-2161.

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

ANNOUNCEMENT 7


Subject: WATER, LAND - NF. DOC/NOAA. National Estuarine Reserve System; Announcement to re-open solicitation period for the National Estuarine research Reserve Land Acquisition and Construction Program FY10
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]              
[Page 4349-4350]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

National Estuarine Reserve System

AGENCY: Estuarine Reserves Division, Office of Ocean and Coastal
Resource Management, National Ocean Service, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce.

ACTION: Announcement to re-open solicitation period for the National
Estuarine research Reserve Land Acquisition and Construction Program
FY10.

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

SUMMARY: The National Oceanic and Atmospheric Administration, National
Ocean Service, publishes this notice to re-open the solicitation period
for the National Estuarine Research Reserve Land Acquisition and
Construction Program FY10 to provide National Estuarine Research
Reserve lead State agencies or designated universities in coastal
States the opportunity to submit proposals for funds.

DATES: The deadline for the receipt of proposals is 11:59 p.m. Eastern
Standard Time on February 19, 2010 for both electronic and paper
applications.
    Addresses for Submitting Proposals: Applications must be submitted
through http://www.grants.gov, unless an applicant does not have
Internet access. In that case, hard copies with original signatures may
be sent to Nina Garfield, 1305 East West Highway, N/ORM5, SSMC4, Silver
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Nina Garfield, 1305 East West Highway,
N/ORM5, SSMC4, 10500, Silver Spring, MD 20910; or by phone at (301)
713-3155 ext. 171, or via e-mail at nina.garfield@noaa.gov.

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

ANNOUNCEMENT 8


Subject: GLAKES - PR. DOT/Saint Lawrence Seaway Development Corporation. Seaway Regulations and Rules: Periodic Update, Various Categories
 
[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Proposed Rules]              
[Page 4331-4334]

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2010-0001]
RIN 2135-AA30

Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and
the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in
Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations by updating the
Seaway Regulations and Rules in various categories. The proposed
changes will update the following sections of the Regulation and Rules:
Condition of Vessels; Seaway Navigation; Radio Communications; and
General. These proposed amendments are necessary to take account of
updated procedures and will enhance the safety of transits through the
Seaway. Several of the proposed amendments are merely editorial or for
clarification of existing requirements.

DATES: Any party wishing to present views on the proposed amendment may
file comments with the Corporation on or before February 26, 2010.

ADDRESSES: You may submit comments [identified by Docket Number SLSDC
2010-0001] by any of the following methods:
    Web site: http://www.Regulations.gov. Follow the online
instructions for submitting comments/submissions.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-001.
    Hand Delivery: Documents may be submitted by hand delivery
or courier to West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 am and 5 pm, Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change at http://www.Regulations.gov including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.Regulations.gov; or in person at
the Docket Management Facility; U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC, between 9 am and 5 pm, Monday
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development Corporation, 180 Andrews Street,
Massena, New York 13662; 315/764-3200.

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