Proposed Rules, Policies, and Guidance - 2009 Archive
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Requirements, policies, and guidance that EPA has recently proposed. Comments are solicited from the public before EPA issues final versions. Comments are closed for all items on this page. Please see our current Proposed Rules, Policies, and Guidance page for items that are currently open for comment.
Proposed Rules, Policies, and Guidance - 2011 Archive
Proposed Rules, Policies, and Guidance - 2010 Archive
Proposed Rules, Policies, and Guidance - 2008 Archive
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Comment Period Closed
- EPA Seeking Comment on Proposed 2010 Critical Use Exemptions From the Phaseout of Methyl Bromide (12/23/09)
- Proposed Registration Review Decision for Disulfoton Open for Public Comment (12/22/09)
- Three Antimicrobial Pesticide Dockets Opened for Review and Comment (12/22/09)
- EPA Seeks Preliminary Comment on the Development of a Nutrient and Sediment TMDL for the Chesapeake Bay (12/18/09)
- Draft Ecological Risk Assessment Available for Urea Sulfate Registration Review (12/15/09)
- EPA Solicits Comments on Draft Exposure Factors Handbook: 2009 Update (12/7/09)
- EPA Solicits Comments on Petition To Suspend the Registration of Rozol Prairie Dog Bait and Cancel Certain Application Sites (12/7/09)
- Four New Biopesticide Registration Review Dockets Opened for Review and Comment (11/30/09)
- Pesticide Registration Review Dockets Opened for Review and Comment (11/23/09)
- Registration Review Final Work Plan and Proposed Registration Review Decision Available for Bromine (11/23/09)
- Proposed Registration Decision for Ulocladium Odemansii (U3 strain) Available for Public Comment (11/19/09)
- EPA To Amend Reregistration Eligibility Decisions for Ziram and Ferbam Dimethyldithiocarbamate Salts (11/16/09)
- Proposed Registration Decision for Cold Pressed Neem Oil Open for Public Comment (11/14/09)
- Dichlorvos Docket Reopened for Review and Comment (11/13/09)
- EPA Releases Draft Documents Related to the Review of the National Ambient Air Quality Standards for Particulate Matter (11/09/09)
- Petitioners Ask EPA To Revoke Import Tolerances for 13 Pesticides To Protect Migratory Birds; EPA Requests Public Comment (11/2/09)
- EPA Seeks Comments on New Information about Geologic Sequestration of Carbon Dioxide (10/15/09)
- Malathion Registration Review Docket Reopened (10/5/09)
- EPA Proposes New Regulations for the National Renewable Fuel Standard Program for 2010 and Beyond (9/25/09)
- Comments Requested on Expert Peer Review of Renewable Fuel Standard Program GHG Analysis (9/25/09)
- Two Antimicrobial Pesticide Dockets Opened for Review and Comment (9/22/09)
- Glyphosate Registration Review Docket Opened for Review and Comment (9/21/09)
- EPA Solicits Comments on Proposed AEGLs (9/18/09)
- EPA Proposes Revisions to Primary National Ambient Air Quality Standard for Nitrogen Dioxide (9/14/09)
- Comments Requested on Nominations to the FIFRA Scientific Advisory Panel (9/11/09)
- Comments Requested on TSCA ITC Report
- EPA Proposes National Emission Standards for Hazardous Air Pollutants from Prepared Feeds Manufacturing Facilities
- Twelve Pesticide Registration Review Dockets Opened for Review and Comment
- Registration Review Docket for Boll Weevil Attractants Opened for Review and Comment
- Clomazone and Fomesafen Registration Review Draft Ecological Risk Assessments Available for Comment
- EPA Proposes Registration Review Decision for Citric Acid
- EPA Proposes Stipulated Injunction Regarding 74 Pesticides and 11 Threatened or Endangered Species in the San Francisco Bay Area
- EPA Solicits Comments on Requests To Voluntarily Cancel or Amend Registrations for Organic Arsenical Herbicides
- EPA Proposes Technical Amendment to Pesticide Tolerance Nomenclature
- EPA Seeks Comments on E15 Request
- Draft Toxicological Review of 1,4-Dioxane Released for Public Comment
- Draft Toxicological Review of Pentachlorophenol Released for Public Comment
- EPA Requests Comment on Endosulfan Impact Assessments
- Two Antimicrobial Pesticide Dockets Opened for Review and Comment
- EPA Proposes Findings that Greenhouse Gases Pose Threat
- EPA Solicits Comments on Request To Voluntarily Cancel 22 Rodenticide Registrations
- EPA Opens Three New Pesticide Registration Review Dockets for Comment
- EPA Proposes Mandatory Greenhouse Gas Reporting Rule
- EPA Opens Two New Biopesticide Registration Review Dockets for Comment
- EPA Region 6 Seeks Comment on CAFO Permit
- Reregistration Review Dockets Open for Comment for Various Pesticides
- Caprylic Acid Final Work Plan and Registration Review Docket Open for Comment
- EPA Opens Twelve New Pesticide Registration Review Dockets for Comment
- EPA Proposes Revised Commodity Terms
- EPA Delays the Effective Date of the SPCC Final Rule
- EPA Seeks Comments on Annual U.S. Greenhouse Gas Inventory
- EPA Proposes Revised Data Requirements For Antimicrobial Pesticides
- Pesticide Registration Review for Various Pesticides Open for Comment
- Registration Review for Citric Acid Open for Comments
- Formaldehyde Emissions from Pressed-Wood Products To be Investigated
- Registration Review Open for 2-((hydroxymethyl)-amino)ethanol
- Registration Review Open for 3H-1,2-Dithiol-3-one, 4,5-dichloro
- Draft Integrated Science Assessment for Particulate Matter
- Effective Date of the SPCC Final Rule Extended
- Amendment to the Universal Waste Rule
- Registration Review Established for Pesticide Atonik
- EPA Seeks Comment on New Mexico CAFO Permit
- Identification of Non-Hazardous Materials That are Solid Waste
- Total Maximum Daily Loads Available for Los Cerritos Channel
- EPA Solicits Comments on Request To Voluntarily Cancel Carbofuran Pesticide Registrations
EPA is proposing uses that qualify for the 2010 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2010. EPA is taking action under the authority of the Clean Air Act to reflect a recent consensus decision taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Twentieth Meeting of the Parties. EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses. Comments were due December 23, 2009.
This notice announces the availability of EPA's proposed registration review decision for the pesticide disulfoton and opens a public comment period on the proposed decision. 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, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Disulfoton is an organophosphate insecticide registered for use on asparagus, beans, broccoli, Brussels sprouts, cabbage, cauliflower, cotton, coffee beans, lettuce, radish grown for seed, Christmas trees, Easter lilies, and residential ornamentals. Comments were due December 22, 2009.
EPA has established registration review dockets for the following pesticides and is opening the public comment period for these registration reviews:
- 2-(Hydroxymethyl)-2 nitro-1,3-propanediol (Tris Nitro); Docket ID # EPA-HQ-OPP-2009-0639
- 10,10'- Oxybisphenoxarsine (OBPA); Docket ID # EPA-HQ-OPP-2009-0618
- Peroxy Compounds; Docket ID # EPA-HQ-OPP-2009-0546
Comments were due December 22, 2009.
EPA Seeks Preliminary Comment on the Development of a Nutrient and Sediment TMDL for the Chesapeake Bay
EPA announces its intent to establish a Chesapeake Bay-wide Total Maximum Daily Load (TMDL) for phosphorus, nitrogen, and sediment for all impaired segments in the tidal portion of the Chesapeake Bay watershed, and is seeking preliminary comment on the development of a TMDL. EPA requested that the public provide to EPA any water quality related data and information that may be relevant to the development and calculation of the Chesapeake Bay TMDL by December 18, 2009.
As directed by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(g), EPA is reviewing the pesticide registration for urea sulfate to ensure that it continues to satisfy the FIFRA standard for registration-- that is, that urea sulfate can still be used without unreasonable adverse effects on human health or the environment. Urea sulfate is a herbicide used as a desiccant on cotton as a cotton harvest aid/defoliant. EPA has completed a comprehensive draft ecological risk assessment, including an endangered species assessment, for all urea sulfate uses and is announcing the availability of the draft ecological risk assessment. Comments were due December 15, 2009.
EPA is announcing a 60-day public comment period for the external review draft document titled, "Exposure Factors Handbook: 2009 Update" (EPA/600/R-09/052A), which was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD). The Exposure Factors Handbook provides a summary of the available statistical data on various factors used in assessing human exposure. This Handbook is aimed at exposure assessors inside the Agency as well as those outside who use data on standard factors to calculate human exposure to toxic chemicals. These factors include: drinking water consumption; mouthing behavior; soil ingestion rates; inhalation rates; dermal factors, including skin area and soil adherence factors; consumption of fruits and vegetables, fish, meats, dairy products, and homegrown foods; breast milk intake; human activity factors; consumer product use; and residential characteristics. The draft document is available on the NCEA Exposure Factors Handbook 2009 Update Web page. Comments were due December 7, 2009.
EPA Solicits Comments on Petition To Suspend the Registration of Rozol Prairie Dog Bait and Cancel Certain Application Sites
EPA is publishing for public comment a June 5, 2009 petition from World Wildlife Fund (WWF) available in docket number EPA-HQ-OPP- 2009-0684, requesting that the Agency suspend the registration of the chlorophacinone product, Rozol Prairie Dog Bait (EPA Reg. No. 7173- 286), and cancel certain application sites for the product. The primary basis for the petition is the potential effect of this product on non-target species, including certain predators and scavengers of the black-tailed prairie dog. November 4, 2009 update: Comments were due December 7, 2009.
EPA has established registration review dockets for the pesticides listed below, and is opening the public comment period for these registration reviews:
- Verbenone & 4-Allyl Anisole (case 6031); Docket ID # EPA-HQ-OPP-2009-0511
- Wood oils and gums (case 3150); Docket ID # EPA-HQ-OPP-2009-0258
- Metarhizium anisopliae (case 6024); Docket ID # EPA-HQ-OPP-2009-0510
- Streptomyces griseoviridis (case 6066); Docket ID # EPA-HQ-OPP-2009-0509
Comments were due November 30, 2009.
EPA has established registration review dockets for the pesticides listed below. With this document, EPA is opening the public comment period for these registration review cases:
- Fluazinam (case 7013); Docket ID # EPA-HQ-OPP-2009-0039
- Flumiclorac-pentyl (case 7232); Docket ID # EPA-HQ-OPP-2009-0084
- Fluridone (case 7200); Docket ID # EPA-HQ-OPP-2009-0160
- Flurprimidol (case 7000); Docket ID # EPA-HQ-OPP-2009-0630
- Hexaflumuron (case 7413); Docket ID # EPA-HQ-OPP-2009-0568
- Maleic Hydrazide (case 0381); Docket ID # EPA-HQ-OPP-2009-0387
- Piperalin (case 3114); Docket ID # EPA-HQ-OPP-2009-0483
- Pronamide (case 0082); Docket ID # EPA-HQ-OPP-2009-0326
- Sulfentrazone (case 7231); Docket ID # EPA-HQ-OPP-2009-0624
- Tebuthiuron (case 0054); Docket ID # EPA-HQ-OPP-2009-0327
Comments were due November 23, 2009.
EPA announces the availability of its final work plan and proposed registration review decision for the pesticide bromine and opens a public comment period on the proposed decision. Comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-0167, were due November 23, 2009.
EPA is making its proposed registration decision for Ulocladium odemansii available for comment. The Biopesticides Registration Action Decision (BRAD) contains EPA's proposed registration decision and risk assessment. In addition, EPA is making the proposed product labels available for comment. Comments were due November 19, 2009.
EPA To Amend Reregistration Eligibility Decisions for Ziram and Ferbam Dimethyldithiocarbamate Salts
EPA plans to amend the 2003 and 2005 Reregistration Eligibility Decision (RED) documents for the antimicrobial pesticides Ziram and Ferbam (Reregistration Case 2180). EPA conducted a reassessment of the Ziram and Ferbam REDs upon learning that the salts Potassium Dimethyldithiocarbamate and Sodium Dimethyldithiocarbamate were not evaluated at the same time as the rest of Case 2180, and has issued a RED addendum for the Dimethyldithiocarbamate Salts. This notice opens an additional 60-day public comment period for Dimethyldithiocarbamate Salts because a previous comment period for the Risk Assessment portion of this addendum was restricted to registrants only. Comments were due November 16, 2009.
Risk assessments and the proposed registration decision have been added to the docket for Cold Pressed Neem Oil (docket ID# EPA-HQ-OPP-2007-0996). Comments were due November 14, 2009.
EPA is opening an additional 30-day public comment period for the registration review of dichlorvos (DDVP). EPA established a registration review docket for DDVP (EPA-HQ-OPP-2009-0209) and opened a 60-day public comment period for its registration review in the Federal Register issue of June 24, 2009. However, during this public comment period, the DDVP registration review docket was missing supporting documents listed in the "Reader's Guide to Dichlorvos (DDVP) Docket EPA-HQ-OPP-2009-0209." The Agency has since included these supporting documents in the docket and has chosen to open an additional 30-day comment period for the public to review and comment on the registration review of DDVP. Comments were due November 13, 2009.
EPA Releases Draft Documents Related to the Review of the National Ambient Air Quality Standards for Particulate Matter
EPA is making available for public comment two draft assessment documents: "Risk Assessment to Support the Review of the PM Primary National Ambient Air Quality Standards -- External Review Draft" and "Particulate Matter Urban-Focused Visibility Assessment -- External Review Draft." These draft documents describe the quantitative analyses that are being conducted as part of the review of the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). October 5 update. Comments were due November 9, 2009.
Petitioners Ask EPA To Revoke Import Tolerances for 13 Pesticides To Protect Migratory Birds; EPA Requests Public Comment
EPA is seeking public comment on a July 2009 petition from the American Bird Conservancy (ABC) requesting that the Agency revoke certain tolerances, or maximum residue limits in food, for 13 pesticides because the pesticides present an unacceptable risk to migratory birds. The named pesticides are: cadusafos, cyproconazole, diazinon, dithianon, diquat, dimethoate, fenamiphos, mevinphos, methomyl, naled, phorate, terbufos, and dichlorvos. The specific tolerances covered by the petition are tolerances associated with pesticide uses for which there is no U.S. registration and thus application of the pesticide is not permitted in this country. Such tolerances are generally referred to as "import tolerances" because their sole purpose is to legalize residues in foods being imported to the United States. ABC claims that by maintaining import tolerances for these pesticides, EPA allows Central and South American countries to continue using the pesticides on crops for which the U.S. has already determined there are unacceptable risks for protected U.S. migratory birds. ABC believes that revoking import tolerances for these crops will protect U.S. migratory birds on their wintering grounds in other countries and in the U.S. Consistent with Federal Food, Drug, and Cosmetic Act requirements, public comment on the ABC petition was open for a 60-day period ending on November 2, 2009.
EPA is requesting comments on new information it has received about geologic sequestration of carbon dioxide. During geologic sequestration, carbon dioxide is injected underground for long-term storage. This technology can be used to reduce emissions of carbon dioxide to the atmosphere. Under the Safe Drinking Water Act (SDWA), EPA protects underground sources of drinking water from threats related to injection activities. The new information supplements the agency’s 2008 proposed rule that, if finalized, would create a new class of injection well and establish requirements under the authority of the SDWA to ensure that geologic sequestration activities do not endanger drinking water sources. The publication reviews research and data on geologic sequestration and presents an alternative the agency is considering related to the proposed injection depth requirements for carbon dioxide. In addition, the publication announces that EPA is evaluating the need for a more comprehensive regulatory framework to manage the geologic sequestration of CO2. Comments were due October 15, 2009.
EPA issued a notice in the Federal Register of June 24, 2009, concerning the availability of multiple registration review dockets for public comment, including malathion. EPA has reopened the comment period for the malathion registration review docket. Comments, identified by docket identification (ID) number EPA- HQ-OPP-2009-0317, were due October 5, 2009.
EPA is proposing revisions to the National Renewable Fuel Standard program (commonly known as the RFS program). Today’s proposed rule intends to address changes to the Renewable Fuel Standard program as required by the Energy Independence and Security Act of 2007 (EISA). The revised statutory requirements establish new specific volume standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year. The revised statutory requirements also include new definitions and criteria for both renewable fuels and the feedstocks used to produce them, including new greenhouse gas emission (GHG) thresholds for renewable fuels. The regulatory requirements for RFS will apply to domestic and foreign producers and importers of renewable fuel. A public hearing will be held on June 9, 2009 at the Dupont Hotel in Washington, DC. A public workshop will be held on June 10-11, 2009 at the Dupont Hotel in Washington, DC. Comments were due September 25, 2009.
- May 26, 2009 Federal Register notice
- July 2, 2009 update: EPA Extends Comment Period
- EPA's Renewable Fuel Standard Program Web site
On May 5, 2009, EPA announced proposed revisions to the National Renewable Fuel Standard program (RFS program) as required by the Energy Independence and Security Act (EISA) of 2007. EISA established new renewable fuel categories and eligibility requirements, including setting the first ever mandatory greenhouse gas (GHG) reduction thresholds for the various categories of renewable fuels. As part of proposed revisions to the RFS program and in accordance with the EISA definition of GHG emissions, EPA examined the GHG impacts associated with different types of renewable fuels. Several new pieces of analysis were developed to support this lifecycle assessment. EPA decided to initiate an independent peer review to help respond to stakeholder concerns and to ensure that the Agency makes decisions based on the best science available. The Agency contracted with independent, third party sources to conduct an external expert peer review of this work. The results of the expert peer review are being made available to the public for notice and comment to supplement the current record. Written comments were due September 25, 2009.
EPA is reviewing pesticide registrations for 2-(Decylthio)ethanamine Hydrochloride (docket ID # EPA-HQ-OPP-2009-0336) and Silver and Compounds (docket ID # EPA-HQ-OPP-2009-0334) to assure that they continue to satisfy the FIFRA standard for registration; that is, they can still be used without unreasonable adverse effects on human health or the environment. Comments were due September 22, 2009.
EPA has established a registration review docket for glyphosate and is opening the public comment period for this registration review. The docket number for this registration review case is EPA-HQ-OPP-2009-0361. Comments were due September 21, 2009.
The National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) is developing AEGLs on an ongoing basis to provide Federal, State, and local agencies with information on short-term exposures to hazardous substances. This notice provides a list of 19 proposed AEGLs that are available for public review and comment. Comments are welcome on both the proposed AEGLs and their Technical Support Documents placed in the docket. Comments were due September 18, 2009.
Based on its review of the air quality criteria for oxides of nitrogen and the primary national ambient air quality standard (NAAQS) for oxides of nitrogen as measured by nitrogen dioxide (NO2), EPA proposes to make revisions to the primary NO2 NAAQS in order to provide requisite protection of public health. Specifically, EPA proposes to supplement the current annual standard by establishing a new short-term NO2 standard based on the 3-year average of the 99th percentile (or 4th highest) of 1-hour daily maximum concentrations. EPA proposes to set the level of this new standard within the range of 80 to 100 ppb and solicits comment on standard levels as low as 65 ppb and as high as 150 ppb. EPA also proposes to establish requirements for an NO2 monitoring network that will include monitors within 50 meters of major roadways. In addition, EPA is soliciting comment on an alternative approach to setting the standard and revising the monitoring network. Two public hearings are scheduled, one to be held in Arlington, VA, on August 3, 2009; and one in Los Angeles, CA, on August 6, 2009. On Monday, August 10, 2009, EPA's Science Advisory Board (SAB) Staff Office will hold a public teleconference of the Clean Air Scientific Advisory Committee's Oxides of Nitrogen Primary NAAQS Review Panel to provide comments concerning EPA's proposed revisions to the National Ambient Air Quality Standards for nitrogen dioxide. Comments were due September 14, 2009.
The Science Advisory Panel (SAP) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) serves as the primary scientific peer review mechanism of EPA's Office of Prevention, Pesticides and Toxic Substances and is structured to provide scientific advice, information, and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment. The Agency is, at this time, selecting two new members to serve on the FIFRA SAP and has released the names, addresses, professional affiliations, and selected biographical data of persons nominated to serve. Public comment on the nominations is invited, as these comments will be used to assist the Agency in selecting the new chartered FIFRA SAP members. Comments were due September 11, 2009.
The Toxic Substances Control Act (TSCA) authorizes the Administrator of EPA to promulgate regulations requiring testing of chemicals and chemical groups in order to develop data relevant to determining the risks that such chemicals and chemical groups may present to health or the environment. Section 4(e) of TSCA established the Interagency Testing Committee (ITC) to recommend chemicals and chemical groups to the Administrator for priority testing consideration, and directs the ITC to revise the Priority Testing List at least every 6 months. The Priority Testing List includes 2 alkylphenols, 12 lead compounds, 16 chemicals with insufficient dermal absorption rate data, and 207 HPV Challenge Program orphan chemicals. In the June 25, 2009 TSCA ITC report to the Administrator, no revisions to the Priority Testing List are recommended. Comments were due September 3, 2009.
EPA Proposes National Emission Standards for Hazardous Air Pollutants from Prepared Feeds Manufacturing Facilities
EPA is proposing national emissions standards for control of hazardous air pollutants from prepared feeds manufacturing facilities. The proposed emissions standards for new and existing sources are based on EPA's proposed determination as to what constitutes the generally available control technology or management practices for the area source category. Comments were due August 26, 2009.
- Boric Acid and Sodium Borate Salts (docket ID# EPA-HQ-OPP-2009-0306)
- Butylate (docket ID# EPA–HQ–OPP–2008–0882)
- Daminozide (docket ID# EPA–HQ–OPP–2009–0242)
- DDVP (docket ID# EPA–HQ–OPP–2009–0209)
- Fosthiazate (docket ID# EPA–HQ–OPP–2009–0267)
- Glyphosate (docket ID# EPA–HQ–OPP–2007–0147)
- Malathion (docket ID# EPA–HQ–OPP–2009–0317)
- Methyl Parathion (docket ID# EPA–HQ–OPP–2009–0332)
- Phosmet (docket ID# EPA–HQ–OPP–2009–0316)
- Phostebupirim (docket ID# EPA–HQ–OPP–2008–0940)
- Sulfuryl Fluoride (docket ID# EPA–HQ–OPP–2009–0136)
This document also announces the Agency's intent not to open a registration review docket for terpineols. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program. Comments were due August 24, 2009.
EPA has established a registration review docket for Boll Weevil Attractants (docket ID # EPA-HQ-OPP-2009-0335) and is opening the public comment period for this registration review. 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. Comments were due August 24, 2009.
June 17, 2009 update: Comments were due August 21, 2009.
EPA announces the availability of its final work plan and proposed registration review decision for the pesticide citric acid and opens a public comment period on the proposed decision. Citric acid is a food-contact and non-food contact antimicrobial pesticide used in many products for residential and public access premises and as a disinfectant fruit and vegetable wash, sanitizer, virucide, and germicide. It is also an inert ingredient in other pesticide products. Citric acid is characterized by low toxicity, is biodegradable, and is found extensively in nature. Comments to docket ID number EPA-HQ-OPP-2008-0855 were due August 17, 2009.
EPA Proposes Stipulated Injunction Regarding 74 Pesticides and 11 Threatened or Endangered Species in the San Francisco Bay Area
On May 30, 2007, the Center for Biological Diversity filed a lawsuit in the Federal District Court for the Northern District of California alleging that EPA failed to comply with section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47 pesticides and 11 species found in the greater San Francisco Bay area that are listed as endangered or threatened under the ESA. EPA has reached an agreement with the plaintiff to resolve the case by having the court issue a Stipulated Injunction that would establish a series of deadlines for the Agency to make "effects determinations" and initiate consultation, as appropriate, with the U.S. Fish and Wildlife Service for certain pesticides in regard to one or more of 11 species found in the greater San Francisco Bay area that are listed as endangered or threatened under the ESA. EPA will evaluate all comments received during the public comment period to determine whether all or part of the proposed Stipulated Injunction warrants reconsideration or revision. Comments were due August 17, 2009.
EPA Solicits Comments on Requests To Voluntarily Cancel or Amend Registrations for Organic Arsenical Herbicides
EPA has received requests by the registrants to voluntarily cancel and/or amend their registrations to terminate uses of certain products containing the organic arsenicals. In January and February 2009, EPA reached agreement with the technical registrants of all existing organic arsenicals manufacturing-use products to eliminate, phase out, and modify certain uses. The organic arsenicals consist of monosodium methanearsonate (MSMA), disodium methanearsonate (DSMA), calcium acid methanearsonate (CAMA), and cacodylic acid and its sodium salt. The voluntary agreements steadily remove all organic arsenical pesticide product uses, except the use of MSMA on cotton, from the market and implement new restrictions to better protect drinking water resources. Phasing out these uses is expected to accelerate the transition to new, lower risk herbicides. Comments were due August 7, 2009.
EPA is proposing minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is proposing this action to establish a uniform listing of commodity terms. Comments were due July 28, 2009.
EPA is seeking public comments on a waiver application to increase the amount of ethanol that can be blended into a gallon of gasoline to up to 15 volume percent (E15). Since 1978, the limit has been at ten volume percent ethanol (E10) for conventional (non flex-fuel) vehicles. Additional information is available in the Federal Register notice. May 15, 2009 update: Comment period extended. Comments were due July 20, 2009.
EPA is announcing a public comment period for the external review draft document titled, "Toxicological Review of 1,4-Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS)." The public comment period and the external peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. Comments were due July 6, 2009.
EPA is announcing a public comment period for the external review draft document titled, "Toxicological Review of Pentachlorophenol: In Support of Summary Information on the Integrated Risk Information System (IRIS)." EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be scheduled at a later date and announced in the Federal Register, when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. Comments were due July 6, 2009.
EPA has recently completed impact assessments on endosulfan for the following eight crops: Apple, cotton, cucumber, melon, potato, pumpkin, squash, and tomato. The impact assessments evaluate the impacts on growers that could result from various risk management options, such as cancellation of uses and longer Restricted Entry Intervals (REIs). All stakeholders are encouraged to comment on these assessments, submit additional information for the Agency to consider, and provide data with which the Agency can better define the likely impacts. Comments were due July 6, 2009.
EPA has established registration review dockets for chloroxylenol (Docket ID # EPA-HQ-OPP-2009-0010) and zinc, zinc salts and zeolites (Docket ID # EPA-HQ-OPP-2009-0011). The Agency identifies in each docket the areas where public comment is specifically requested, though comment in any area is welcome. Comments were due June 23, 2009.
After a thorough scientific review ordered in 2007 by the U.S. Supreme Court, EPA issued a proposed finding Friday that greenhouse gases contribute to air pollution that may endanger public health or welfare. The proposed finding, which now moves to a public comment period, identified six greenhouse gases that pose a potential threat – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The science clearly shows that concentrations of these gases are at unprecedented levels as a result of human emissions, and these high levels are very likely the cause of the increase in average temperatures and other changes in our climate. The scientific analysis also confirms that climate change impacts human health in several ways. Today’s proposed finding does not include any proposed regulations. Before taking any steps to reduce greenhouse gases under the Clean Air Act, EPA would conduct an appropriate process and consider stakeholder input. Federal Register notice. Comments were due June 23, 2009.
EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel the registrations of 22 rodenticide products containing the active ingredients bromadiolone, bromethalin, cholecalciferol, difenacoum, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide. EPA intends to grant these requests with an effective date of June 4, 2011 at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request or unless a registrant withdraws its request within this period. Comments were due June 22, 2009.
EPA has established registration review dockets for the following pesticides, and is opening the public comment period for these registration reviews:
- Bromine (docket ID# EPA-HQ-OPP-2009-0167)
- Inorganic Halides (docket ID# HQ-OPP-2009-0168)
- Bromine Chloride (docket ID# EPA-HQ-OPP-2009-0025)
EPA is proposing the first comprehensive national system for reporting emissions of carbon dioxide and other greenhouse gases produced by major sources in the United States. The new reporting requirements would apply to suppliers of fossil fuel and industrial chemicals, manufacturers of motor vehicles and engines, as well as large direct emitters of greenhouse gases with emissions equal to or greater than a threshold of 25,000 metric tons per year. This threshold is roughly equivalent to the annual greenhouse gas emissions from just over 4,500 passenger vehicles. The first annual report would be submitted to EPA in 2011 for the calendar year 2010, except for vehicle and engine manufacturers, which would begin reporting for model year 2011. EPA is developing this rule under the authority of the Clean Air Act. More information is available in the Federal Register notice. Comments were due June 9, 2009.
EPA has established registration review dockets for garlic oil (Docket ID # EPA-HQ-OPP-2009-0113) and capsaicin (Docket ID # EPA-HQ-OPP-2009-0121) and has opened the public comment period for these registration reviews. Through this program, EPA is ensuring that each pesticide’s registration is based on current scientific knowledge, including its effects on human health and the environment. Comments were due May 26, 2009.
EPA Region 6 is proposing a general permit regulating concentrated animal feeding operations (CAFOs) located on state lands in Oklahoma. This National Pollutant Discharge Elimination System (NPDES) general permit is required by the Clean Water Act if pollutants will be discharged or are proposed to be discharged from CAFOs into our nation’s waterways. These permits explain the types of allowable discharges and are written to protect public health and the environment. The proposed CAFO general permit continues many requirements already in place. These include nutrient management plans, manure and wastewater storage design and waste storage closure provisions. It also incorporates new requirements established in 2008. EPA will continue its extensive coordination with the CAFO industry, Oklahoma regulatory agencies, tribal and local governments, environmental groups and other interested parties to ensure the permit will be both effective and viable. May 1, 2009 update: Comment period extended. Comments were due May 26, 2009.
EPA announces the availability of the Reregistration Eligibility Decisions (REDs) for the pesticides Diiodomethyl p-tolyl sulfone (docket ID# EPA-HQ-OPP-2007-1151), Busan 77 (docket ID# EPA-HQ-OPP-2007-0834), and Organic Esters of Phosphoric Acid (docket ID# EPA-HQ-OPP-2007-1166). The Agency's risk assessments and other related documents also are available in the dockets. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. Comments were due May 19, 2009.
EPA has established a Final Work Plan and Proposed Registration Review decision for caprylic (Octanoic) acid (docket ID #EPA-HQ-OPP-2008-0477) and has opened the public comment period for this registration review decision. Comments were due May 18, 2009.
EPA has established registration review dockets for the following pesticides, and is opening the public comment period for these registration reviews:
- Acephate (docket ID# EPA-HQ-OPP-2008-0915)
- Chlorpyrifos (docket ID# HQ-OPP-2008-0850)
- Tribufos (docket ID# EPA-HQ-OPP-2008-0883)
- Dimethoate (docket ID# HQ-OPP-2009-0059)
- Disulfoton (docket ID# EPA-HQ-OPP-2009-0054)
- Fenitrothion (docket ID# HQ-OPP-2009-0172)
- Methidathion (docket ID# EPA-HQ-OPP-2008-0723)
- Naled (docket ID# HQ-OPP-2009-0053)
- Nithiazine (docket ID# EPA-HQ-OPP-2008-0847)
- Phorate (docket ID# EPA-HQ-OPP-2009-0055)
- Pirimiphos-methyl (docket ID# EPA-HQ-OPP-2009-0056)
- Trichlorfon (docket ID# EPA-HQ-OPP-2009-0097)
EPA is proposing minor technical revisions of certain commodity terms listed under 40 CFR part 180, subpart D. EPA is proposing this action to eventually establish a uniform listing of commodity terms. Specific revisions are included in the Federal Register Notice. Comments were due May 11, 2009.
EPA is delaying the effective date of the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations promulgated in the Federal Register on Dec. 5, 2008, in accordance with the memorandum from the Office of Management and Budget entitled, “Implementation of Memorandum Concerning Regulatory Review” (M-09-08, January 21, 2009). The amendments will now become effective on January 14, 2010. Additionally, EPA is requesting public comment on whether a further delay of the effective date may be warranted. Comments were due May 1, 2009.
The draft report shows that overall emissions during 2007 increased by 1.4 percent from the previous year. This trend was due primarily to an increase in carbon dioxide emissions associated with fuel and electricity consumption. The total U.S. greenhouse gas emissions were about 7,125 million metric tons of CO2 equivalent. Overall, emissions have grown by 17.1 percent from 1990 to 2007. The inventory tracks annual greenhouse gas emissions from 1990 to 2007 at the national level. The gases covered by this inventory include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. For more information and a copy of the draft report, visit EPA's Climate Change web site. Comments were due April 9, 2009.
EPA is proposing to revise and update existing data requirements for antimicrobial pesticides. The revisions are needed to reflect current scientific knowledge and current Agency regulatory practices, and to improve protection of the general population as well as sensitive subpopulations. The proposal sets out use patterns designed to make it easier to determine which requirements apply to antimicrobial products. The revisions will further enhance the Agency's ability to make regulatory decisions about the human health and environmental fate and effects of antimicrobial pesticide products. Comments were due January 6, 2009, but have been extended. All comments were due April 6, 2009.
EPA has established registration review docket (EPA-HQ-OPP-2008-0767) for the pesticide 3H-1,2-Dithiol-3-one, 4,5-dichloro. Comments were due March 19, 2009.
EPA has established a registration review docket(EPA-HQ-OPP-2008-0879) for the pesticide, 2-((hydroxymethyl)-amino)ethanol. Comments were due March 19, 2009.
EPA will develop a risk assessment on potential adverse-health effects of formaldehyde emissions from wood products, evaluate the costs and benefits of possible control technologies and approaches, and determine whether EPA action is needed to address any identified risks. In addition to the 60-day public comment period, EPA has scheduled five public meetings to obtain more input. Formaldehyde is commonly used as a preservative and is found in certain pressed-wood products, where it is a component of glues and adhesives. Additionally formaldehyde is both an irritant and probable human carcinogen. For more information please visit the Formaldehyde Emissions from Pressed Wood Products Web page and Federal Register (fr03de08-15). The comment period has been extended. Comments were due March 19, 2009.
EPA has established registration review dockets for the pesticide citric acid, docket ID: EPA-HQ-OPP-2008-0855. Comments were due March 17, 2009.
EPA has established registration review dockets for 2-EEEBC (EPA-HQ-OPP-2008-0802), Chlorethoxyfos (EPA-HQ-OPP-2008-0843), Ethoprop (EPA-HQ-OPP-2008-0560), Imidacloprid (EPA-HQ-OPP-2008-0844), Iron salts (EPA-HQ-OPP-2008-0626), Methamidophos (EPA-HQ-OPP-2008-0842), Oxytetracycline (EPA-HQ-OPP-2008-0686), Streptomycin (EPA-HQ-OPP-2008-0687), and Tebufenozide (EPA-HQ-OPP-2008-0824). Comments were due March 17, 2009.
The U.S. Environmental Protection Agency (EPA) is announcing the availability of its "First External Review Draft Integrated Science Assessment for Particulate Matter" (EPA/600/R-08/139 and EPA/600/R-08/139A). EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register notice). The draft document does not represent, and should not be construed to represent, any final EPA policy, viewpoint, or determination. EPA will consider any public comments submitted in response to this notice when revising the document. All comments were due March 13, 2009.
Consistent with the Office of Management and Budget's January 21, 2009 memorandum regarding regulatory review, EPA is extending by 60 days the effective date of the December 5, 2008 Oil Spill Prevention, Control and Countermeasure (SPCC) final rule. The amendments will now become effective on April 4, 2009. In addition to extending the effective date, EPA is also providing a 30-day public comment period for the December 5, 2008 SPCC final rule. While the agency will accept public comment on all aspects of this rule, EPA is particularly interested in comment on the requirements for produced water containers at oil production facilities and the criteria for identification of qualified oil production facilities eligible to self-certify their SPCC plans. Comments were due March 5, 2009.
- Federal Register Extension of SPCC Final Rule Effective Date (February 3, 2009)
- Federal Register SPCC Final Rule Announcement (December 5, 2008)
- Additional Information on the SPCC Rule
EPA is proposing to add hazardous pharmaceutical wastes to the Universal Waste Rule. This proposed rule would facilitate better management of pharmaceutical wastes by streamlining the generator requirements and encouraging generators of hazardous pharmaceutical wastes to manage them under the provisions of the Universal Waste Rule, which ensures that these hazardous pharmaceutical wastes are properly disposed of and treated as hazardous wastes. The comment period has been extended. Comments were due March 4, 2009.
EPA has established registration review docket (EPA-HQ-OPP-2008-0832) for the pesticide Atonik. With this document, EPA is opening the public comment period for these registration reviews. This document also announces the Agency's intent not to open a registration review docket for Ampelomyces quisqualis and for Candia oleophila. These pesticides do not currently have any actively registered pesticide products and are not, therefore, scheduled for review under the registration review program. All comments were due by February 23, 2009.
EPA Region 6 is proposing a general permit regulating concentrated animal feeding operations (CAFOs) located on State lands in New Mexico. The proposed CAFO general permit continues many requirements already in place including nutrient management plans, manure and wastewater storage design, waste storage closure provisions; and incorporates new requirements established in 2008. Comments were due on or before February 20, 2009.
EPA is seeking comment on which non-hazardous materials are or are not solid waste under the Resource Conservation and Recovery Act (RCRA). The Agency is also seeking comment on a number of specific questions concerning the meaning of "solid waste'' under RCRA, as it applies to non-hazardous waste programs. Comments were due on or before February 2, 2009.
EPA proposed total maximum daily loads (TMDLs) for the freshwater portion of Los Cerritos Channel to address elevated metals concentrations pursuant to Clean Water Act section 303(d)(1), and requests public comment. EPA will prepare a responsiveness summary that demonstrates how public comments were considered in the final TMDL decisions. The responsiveness document will be available when the TMDLs are established. Comments were due January 22, 2009.
EPA is issuing a notice of receipt of a request dated September 29, 2008 by the registrant to voluntarily cancel some registrations and amend other registrations to terminate uses of certain end-use products containing the pesticide carbofuran. The request would terminate flowable carbofuran use in or on alfalfa, cotton, ornamentals, popcorn, small grains (wheat, oats and barley) soybeans, sugarcane, sweet corn, and tobacco. The request would also terminate all carbofuran products registered under FIFRA section 24 Special Local Need Labels for use in or on corn (field), CRP acres, cucumbers, grapes, melons, ornamentals (container and field production), peppers (including Chiles and bell), sorghum, squash, sugar beets, sugarcane (soil applied), tobacco, and small grains (wheat, oats, and barley). The request would also terminate, subject to a two-year phase-out period, the use of flowable carbofuran as a post-plant application to artichokes. The request proposes to cancel the use of granular carbofuran on bananas, coffee, cucumbers, melons, and squash. The request would not terminate the last carbofuran products registered for use in the US. Comments were due January 20, 2009.
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