Federal Register Proposed Rules, Rules and Notices August 28,2013

August 28,2013

NOTICES

Notice of Extension of Public Comment Period on the Draft IRIS Carcinogenicity Assessment for Ethylene Oxide and
Addition of Ethylene Oxide to October IRIS Bimonthly Meeting Agenda [FR DOC# 2013-20913] SUMMARY: EPA is
announcing an extension of the public comment period for the IRIS external review draft carcinogenicity assessment titled,
“Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide” (EPA/635/R-13/128a and EPA/635/R-13/128b) and the
draft peer review charge questions. The original Federal Register notice announcing the public comment period was
published on July 23, 2013. We are extending the deadline for this public comment period from September 5, 2013, to
October 11, 2013, at the request of the American Chemistry Council and the Ethylene Oxide Sterilization Association, Inc.
The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of
Research and Development (ORD). This draft assessment is not final as described in EPA’s information quality guidelines,
and it does not represent and should not be construed to represent Agency policy or views. Discussion of the draft IRIS
carcinogenicity assessment for ethylene oxide will be included on the agenda of the IRIS bimonthly public meeting to be
held on October 23-24, 2013, at EPA offices in Arlington, Virginia. Information on this meeting, including meeting location,
time, registration, and participation procedures will be available at the IRIS Web site
(http://www.epa.gov/iris/publicmeeting/ ).

Proposed Consent Decree, Clean Air Act Citizen Suit [FR DOC# 2013-21023] SUMMARY: In accordance with section
113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to
address a lawsuit filed by Sandra L. Bahr and David Matusow in the United States District Court for the District of Arizona:
Bahr, et al. v. McCarthy, No. 2:13-cv-00872 SMM (D. AZ). On April 30, 2013, Plaintiffs filed a complaint alleging that EPA
failed to perform a mandatory duty under CAA section 110(c)(1) to promulgate a federal implementation plan for the State
of Arizona that arose as a result of EPA’s February 14, 2011, finding of failure to submit a revision to the state
implementation plan required under CAA section 189(d), by the required deadline. The proposed consent decree
establishes deadlines for EPA to take action.

Pesticide Product Registration; Receipt of Application for New Uses [FR DOC# 2013-21017] SUMMARY: This notice
announces the receipt of applications to add new food uses on previously registered pesticide products containing the
insecticide flonicamid, pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations [FR DOC# 2013-21021] SUMMARY:
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of
requests by registrants to voluntarily cancel certain pesticide registrations. Included in this notice is a request from Nufarm
SA to voluntarily cancel the last three remaining amitrole products registered for use in the United States. EPA intends to
grant these requests 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 requests, or unless the registrants withdraw
its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted
after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in
the final order.

Request for Nominations of Experts To Augment the Science Advisory Board Chemical Assessment Advisory Committee
for the Review of the EPA’s Draft Toxicological Assessments for Ammonia, Trimethylbenzenes and the Evaluation of
Inhalation Carcinogenicity of Ethylene Oxide [FR DOC# 2013-20911] SUMMARY: The EPA Science Advisory Board (SAB)
Staff Office requests public nominations of scientific experts to augment the SAB Chemical Assessment Advisory
Committee (CAAC) to form three panels for the review of: (1) The EPA’s draft Toxicological Review of Ammonia; (2) the
EPA’s draft Toxicological Review of Trimethylbenzenes; and (3) the EPA’s draft Evaluation of the Inhalation Carcinogenicity
of Ethylene Oxide In Support of Summary Information on the Integrated Risk Information System (IRIS).

 

 

PROPOSED RULES

Approval and Promulgation of Implementation Plans; California; San Joaquin Valley; Contingency Measures for the 1997
PM2.5 [FR DOC# 2013-21010] SUMMARY: EPA is proposing to approve a state implementation plan (SIP) revision
submitted by the State of California to address Clean Air Act nonattainment area contingency measure requirements for
the 1997 annual and 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards in the San
Joaquin Valley. Final approval of this SIP revision would terminate the sanctions clocks and a federal implementation plan
clock that were triggered by EPA’s partial disapproval of a related SIP submission on November 9, 2011 (76 FR 69896).

 

 

RULES

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of trans [FR DOC# 2013-21014] SUMMARY:
The EPA is taking final action to revise the regulatory definition of volatile organic compounds (VOCs) for purposes of
preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under
title I of the Clean Air Act (CAA). This final action adds trans 1-chloro-3,3,3- trifluoroprop-1-ene (also known as
Solstice<SUP>TM</SUP> 1233zd(E)) to the list of compounds excluded from the regulatory definition of VOCs on the
basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject
to certain federal regulations limiting emissions of VOCs, your emissions of Solstice<SUP>TM</SUP> 1233zd(E) may
not be regulated for some purposes. This action may also affect whether Solstice<SUP>TM</SUP> 1233zd(E) is
considered as a VOC for state regulatory purposes, depending on whether the state relies on the EPA’s regulatory
definition of VOCs. An exemption for Solstice<SUP>TM</SUP> 1233zd(E) was promulgated first as a direct final
rulemaking but was withdrawn because EPA received an adverse comment.

Approval and Promulgation of Air Quality Implementation Plans; Nevada; Regional Haze Federal Implementation Plan;
Extension of BART Compliance Date for Reid Gardner Generating Station [FR DOC# 2013-20749] SUMMARY: The
Environmental Protection Agency (EPA) is taking final action to extend the compliance date for NO<INF>X</INF>
emission limits, under the Best Available Retrofit Technology (BART) requirements of the Regional Haze Rule, for Units 1,
2, and 3 at the Reid Gardner Generating Station (RGGS) by 18 months from January 1, 2015, to June 30, 2016. EPA’s
BART determination was promulgated in a Federal Implementation Plan (FIP) on August 23, 2012. On March 26, 2013,
EPA granted reconsideration of the compliance date and proposed to extend the compliance date for the NO<INF>X</INF>
emission limits applicable to Units 1, 2, and 3 at RGGS.

Pyraclostrobin; Pesticide Tolerances [FR DOC# 2013-20921] SUMMARY: This regulation establishes tolerances for
residues of pyraclostrobin in or on multiple commodities which are identified and discussed later in this document. This
regulation additionally removes several permanent and time-limited tolerances that will be superseded by tolerances
established by this action. Interregional Research Project Number 4 (IR-4) and BASF Corporation requested tolerances
associated with pesticide petition (PP) numbers 2E8069 and 2F8038, respectively, under the Federal Food, Drug, and
Cosmetic Act (FFDCA).

Halosulfuron-methyl; Pesticide Tolerances [FR DOC# 2013-20906] SUMMARY: This regulation establishes tolerances for
residues of halosulfuron-methyl in or on artichoke and caneberry subgroup 13-07A. The Interregional Research Project
Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Ethyl-2E,4Z-Decadienoate (Pear Ester); Exemption From the Requirement of a Tolerance [FR DOC# 2013-21019]
SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical
pesticide ethyl-2E,4Z- decadienoate (pear ester) in or on all food commodities. This regulation eliminates the need to
establish a maximum permissible level for residues of ethyl-2E,4Z-decadienoate (pear ester).

Interim Final Determination to Stay and Defer Sanctions; California; San Joaquin Valley [FR DOC# 2013-21011]
SUMMARY: EPA is making an interim final determination to stay the imposition of offset sanctions and to defer the
imposition of highway sanctions based on a proposed approval of revisions to the San Joaquin Valley portion of the
California State Implementation Plan published elsewhere in this Federal Register. The revisions concern the Clean Air Act
nonattainment area contingency measure requirement for the 1997 annual and 24-hour national ambient air quality
standards for fine particulate matter (PM<INF>2.5</INF>) in the San Joaquin Valley.

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