Proposed Rules, Policies, and Guidance - 2010 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 - 2009 Archive
Proposed Rules, Policies, and Guidance - 2008 Archive
Proposed Rules, Policies, and Guidance - 2007 Archive
Comment Period Closed
- EPA Issues Draft Chesapeake Bay Pollution Diet (11/8/10)
- EPA Proposing To Amend Provisions in Greenhouse Gas (GHG) Reporting Rule (9/27/10)
- EPA Releases Draft Strategy for Clean Water (9/17/10)
- Request for Methyl Bromide Critical Use Exemption Applications for 2013 (9/13/10)
- EPA Proposes Conditional Registration of Nanosilver Pesticide Product (9/11/10)
- Comments Requested on Nominations to the FIFRA Scientific Advisory Panel (9/3/10)
- EPA Soliciting Public Comments on 22 Bt Corn Plant-Incorporated Protectant Registrations and Proposed Biopesticides Registrations Action Documents (9/3/10)
- EPA Requests Comments on Recordkeeping Requirements for Producers, Registrants, and Applicants of Pesticides and Pesticide Devices (8/27/10)
- Comments Requested on Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil (8/25/10)
- EPA Proposes 2011 Renewable Fuel Standards (8/19/10)
- EPA Proposes One Year Compliance Date Extension on Spill Prevention Rule for Certain Facilities (8/18/10)
- EPA Seeks Public Comment on Draft Guidance for Pesticide Registrants on False or Misleading Pesticide Product Brand Names (8/17/10)
- EPA Proposes Use of Sufficiently Sensitive Test Methods for NPDES Permit Applications and Reporting (8/9/10)
- EPA Seeks Public Comment on Strategic Plan To Move Forward on Agency Priorities (7/30/10)
- EPA Proposes New Permit Requirements for Pesticide Discharges (7/19/10)
- EPA Proposes Definition of Non-Hazardous Secondary Materials That Are Solid Waste (7/19/10)
- EPA Seeks Input on NMFS' Draft Measures To Protect Endangered Pacific Salmon from 12 Pesticides (7/17/10)
- Proposed Change to Pesticide Containers and Containment Labeling Compliance Date (7/15/10)
- EPA Soliciting Comments on Request To Renew Existing ICR "Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting" (7/6/10)
- Request for Public Comment on Review of National Primary Drinking Water Regulations (7/1/10)
- EPA Requests Comments on Draft Test Guidelines for Public Health Uses of Antimicrobial Agents (6/28/10)
- EPA Proposes To Amend Mandatory Greenhouse Gas (GHG) Reporting Rule (6/11/10)
- EPA Proposes Adding More Chemicals to Toxics Release Inventory List (6/7/10)
- EPA Publishes Proposed Modifications to the Renewable Fuel Standard Program (5/25/10)
- Opportunity for Public Hearing and Additional Comment on California State Nonroad Engine Pollution Control Standards (5/18/10)
- EPA Proposes Standards To Protect Florida’s Waters (4/28/10)
- EPA Soliciting Comments on Proposed Consolidation of CAFO and CAAP ICRs (4/26/10)
- EPA Releases Draft Guidance for Federal Lands Management in the Chesapeake Bay Watershed (4/23/10)
- EPA Seeks To Disclose Pesticide Inert Ingredients (4/23/10)
- EPA To Amend General Provisions for Mandatory Greenhouse Gas (GHG) Reporting Rule (4/15/10)
- EPA Seeks Public Comment on the 15th Annual U.S. Greenhouse Gas Inventory (4/14/10)
- EPA To Strengthen Oversight of Pesticide’s Impact on Children and Farmworkers (4/12/10)
- Ten Louisiana TMDLs Available for Comment (3/29/10)
- Registration Decision for Fenazaquin Opened for Public Comment (3/23/10)
- EPA Solicits Comments on Petition Requesting Classification of all Rodenticide Products Containing Strychnine as Restricted Use Pesticides (3/18/10)
- Five Antimicrobial Pesticide Registration Review Dockets Opened for Review and Comment (3/16/10)
- EPA Proposes Additional Stay of Inclusion of Fugitive Emissions Requirements (3/15/10)
- EPA Proposes Revisions to Pesticide Tolerance Crop Grouping Regulations (3/8/10)
- Comments Requested on Petition To Protect Children from Pesticide Drift (3/5/10)
- EPA Proposes New Pesticide Labeling To Control Spray Drift and Protect Human Health; Requests Comment on Draft Interpretation, Support Documents (3/5/10)
- Registration Review Proposed Decision Available for Bacillus Subtilis (2/28/10)
- Ethylene Registration Review Docket Opened for Review and Comment (2/26/10)
- Proposed Registration Decision for S-Abscisic Acid Opened for Public Comment (2/25/10)
- Nine Pesticide Registration Review Dockets Opened for Review and Comment (2/16/10)
- EPA To Cancel All Registrations for Spirotetramat (2/8/10)
- Pesticide Registration Decision Opened for Public Comment (2/4/10)
- Pesticide Registration Decisions Opened for Public Comment (1/29/10)
- Lavandulyl Senecioate Registration Decision Opened for Public Comment (1/20/10)
- Public Comment Requested on Candidate National Enforcement and Compliance Assurance Priorities for Fiscal Years 2011-2013 (1/19/10)
- EPA Seeks Comment on New Permit for Animal Feeding Operations in Idaho (1/19/10)
- Pesticide Registration Decisions for 2-Methyl-1-Butanol and Calcium Acetate Opened for Public Comment (1/15/10)
- Comments Requested on Draft Strategy for Restoration and Protection of the Chesapeake Bay (1/8/10)
EPA today released a draft Chesapeake Bay Total Maximum Daily Load (TMDL), a mandatory “pollution diet” designed to restore the Chesapeake Bay and its vast network of streams, creeks and rivers. The Bay is a complex ecosystem and an economic engine for the region, supporting a variety of industries from fishing to tourism. The draft TMDL, which EPA is legally required to produce, sets limits on the amount of nitrogen, phosphorus and sediment pollution discharged into the Bay and each of its tributaries by different types of pollution sources. It is designed to meet water quality standards that reflect a scientific assessment of the pollution reductions necessary to restore the health of the Bay ecosystem. The draft TMDL calls for 25 percent reductions in nitrogen and phosphorus and at least a 16 percent reduction in sediment to achieve a healthy Bay and local rivers. These reductions, which the science indicates are necessary to achieve a healthy watershed, would be achieved by a combination of federal and state actions. The release of the draft TMDL begins a 45-day public comment period that will include 18 public meetings in all six watershed states and the District of Columbia. A full public meeting schedule and the Draft TMDL, which contains evaluations of the plans and EPA adjustments for all seven jurisdictions, can be found at EPA's Chesapeake Bay TMDL website. Comments on the Draft TMDL were due November 8, 2010.
EPA is proposing to amend specific provisions in the GHG reporting rule to clarify certain provisions, to correct technical and editorial errors, and to address certain questions and issues that have arisen since promulgation. These proposed changes include providing additional information and clarity on existing requirements, allowing greater flexibility or simplified calculation methods for certain sources in a facility, amending data reporting requirements to provide additional clarity on when different types of GHG emissions need to be calculated and reported, clarifying terms and definitions in certain equations, and technical corrections. Comments were due September 27, 2010.
EPA is inviting the public to comment on the agency’s draft strategy to protect and restore our nation’s lakes, streams and coastal waters. The strategy, “Coming Together for Clean Water: EPA’s Strategy for Achieving Clean Water,” is designed to chart EPA’s path in furthering EPA Administrator Lisa P. Jackson’s key priority of protecting America’s waters. The strategy was developed by considering the input and ideas generated at the April “Coming Together for Clean Water” forum as well as comments received through the online discussion forum. Participants shared their perspectives on how to advance the EPA’s clean water agenda focusing on the agency’s two priority areas: healthy watersheds and sustainable communities. EPA is now inviting the public to consider and provide their comments on the approaches outlined in the strategy. Public comments on the draft strategy were due September 17. EPA will review all comments and post a final strategy later in the year.
- Coming Together for Clean Water: EPA’s Strategy for Achieving Clean Water (PDF) (9 pp, 58K, About PDF)
- More information on the draft strategy and to comment
EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2013. Critical use exemptions last only one year. All entities interested in obtaining a critical use exemption for 2013 must provide EPA with technical and economic information to support a "critical use" claim and must do so by the deadline specified in this notice even if they have applied for an exemption in a previous year. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives. Applications for the 2013 critical use exemption were due September 13, 2010.
EPA is proposing to conditionally register a pesticide product containing nanosilver as a new active ingredient for a period of 4 years. The antimicrobial pesticide product, HeiQ AGS-20, is a silver-based product that is proposed for use as a preservative for textiles. Under its new policy concerning public involvement in registration decisions, EPA is providing a 30-day opportunity for public comments on the proposed registration. Public comments were due September 11, 2010.
This notice provides the names, addresses, professional affiliations, and selected biographical data of persons nominated to serve on the Scientific Advisory Panel (SAP) established under section 25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency, at this time, anticipates selecting two new members to serve on the panel as a result of membership terms that will expire this year. Public comment on the nominations is invited, as these comments will be used to assist the Agency in selecting the new chartered Panel members. Comments, identified by docket ID number EPA-HQ-OPP-2010-0565, were due September 3, 2010.
EPA Soliciting Public Comments on 22 Bt Corn Plant-Incorporated Protectant Registrations and Proposed Biopesticides Registrations Action Documents
EPA is opening a docket and initiating a public comment period on our preliminary decision to amend the terms of twenty-two (22) expiring Bt Corn PIP (Plant Incorporated Protectant) registrations to extend the expiration dates. We have conducted comprehensive assessments of each of these registrations, considering all toxicity and environmental effects data, data from insect resistance monitoring, and insect resistance refuge compliance reports, since the last comprehensive evaluation of these products in 2001. Based on our comprehensive assessment, we have concluded that Bt corn PIPs have had a positive environmental impact, and we are proposing several actions to strengthen the insect resistance management requirements to ensure continued success in the prevention of the evolution of resistance in target pests. Comments on these documents were due September 3, 2010.
EPA Requests Comments on Recordkeeping Requirements for Producers, Registrants, and Applicants of Pesticides and Pesticide Devices
Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) states that the Administrator of the Environmental Protection Agency may prescribe regulations requiring producers, registrants and applicants for registration to maintain such records with respect to their operations and the effective enforcement of this Act as the Administrator determines are necessary for the effective enforcement of FIFRA and to make such records available for inspection and copying as specified in the statute. EPA is soliciting comments and information to enable it to: (1) Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility. (2) Evaluate the accuracy of the Agency's estimates of the burdens of the proposed collections of information. (3) Enhance the quality, utility, and clarity of the information to be collected. (4) Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated or electronic collection technologies or other forms of information technology, e.g., permitting electronic submission of responses. Comments were due August 27, 2010.
Comments Requested on Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil
On March 26, 2010, EPA published changes to the Renewable Fuel Standard (RFS) program as required by the Energy Independence and Security Act (EISA) of 2007. EISA increased the volume of renewable fuel required to be blended into transportation fuel to 36 billion gallons by 2022. Furthermore, the Act established new eligibility requirements for four types of renewable fuel, each with their own annual volume mandates. The eligibility requirements include minimum lifecycle greenhouse gas (GHG) reduction thresholds for each type of renewable fuel. EPA conducted lifecycle GHG analyses for a number of biofuel feedstocks and production pathways as part of its March 26, 2010 final rule but, as indicated in the final rule, we did not have time to complete all the planned lifecycle GHG assessments for several specific renewable fuel pathways. Since the final rule, we have completed an assessment for an additional renewable fuel pathway, canola oil biodiesel. This Notice of Data Availability provides interested parties with information and an opportunity to comment on our proposed lifecycle analysis of canola oil biodiesel. Comments were due August 25, 2010.
EPA today proposed the 2011 percentage standards for the four fuels categories under the agency’s Renewable Fuel Standard program, known as RFS2. The Energy Independence and Security Act of 2007 (EISA) established the annual renewable fuel volume targets, reaching an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner, importer and non-oxygenate blender of gasoline determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel.
EPA is also proposing changes to the RFS2 regulations that would potentially apply to renewable fuel producers who use canola oil, grain sorghum, pulpwood, or palm oil as a feedstock. This program rule would allow the fuel produced by those feedstocks dating back to July 1, 2010 be used for compliance should EPA determine in a future rulemaking that such fuels meet certain greenhouse gas reduction thresholds. The second change would set criteria for foreign feedstocks to be treated like domestic feedstocks in terms of the documentation needed to prove that they can be used to make qualifying renewable fuel under the RFS2 program. EPA is seeking public comment on the renewable fuel standards and the proposed changes to the RFS2 regulations, which are due 30 days following publication of the proposed rule in the Federal Register. Comments were due August 19, 2010.
EPA is proposing to extend the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency is also announcing that certain facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010. In summary, the proposed rule would:
- Extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan by one year to November 10, 2011.
- Delay the compliance date for facilities with milk containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.
- Maintain the current November 10, 2010 compliance date for drilling, production and workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit FRPs.
- Reconcile the proposed compliance dates for new production facilities.
The proposed amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002 (other than facilities with milk containers described above), to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect. EPA is seeking comment on whether a shorter extension period (6 to 9 months) is warranted for facilities rather than the proposed one year extension. In considering a shorter compliance extension period, we request comments on the criteria to consider, such as discharge history, size and type of facility, potential risk posed, and ability to come into compliance. The public has the opportunity to comment on the proposed rule during a 15-day period following its publication in the Federal Register. Comments were due August 18, 2010.
- More Information on SPCC Rule Compliance Dates
- Federal Register notice
- Fact Sheet (PDF) (2 pp, 51K, About PDF)
EPA Seeks Public Comment on Draft Guidance for Pesticide Registrants on False or Misleading Pesticide Product Brand Names
EPA is announcing the availability of and seeking public comment on a draft Pesticide Registration Notice (PR Notice) entitled "False or Misleading Pesticide Product Brand Names." PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular draft PR Notice provides guidance to applicants, registrants and distributors concerning pesticide product brand names that may be false or misleading, either by themselves or in association with particular company names or trademarks. UPDATE: Comment period extended. Comments were due August 17, 2010.
EPA is proposing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, only "sufficiently sensitive" analytical test methods can be used when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit. Comments on this action were due August 9, 2010.
EPA is seeking public comment on its draft FY 2011-2015 strategic plan, which helps advance Administrator Lisa P. Jackson’s priorities and the mission to protect human health and the environment. Administrator Jackson’s seven priorities are: taking action on climate change, improving air quality, protecting America’s waters, cleaning up our communities, assuring the safety of chemicals, expanding the conversation on environmentalism and working for environmental justice, and building strong state and tribal partnerships. EPA will use stakeholder feedback to prepare the final strategic plan, which will be released by September 30. Comments on the draft strategic plan may be submitted through Regulations.gov. The Docket ID number is EPA-HQ-OA-2010-0486. Comments were due July 30, 2010.
EPA is proposing a new permit requirement that would decrease the amount of pesticides discharged to our nation's waters and protect human health and the environment. This action is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, thus requiring a permit. The proposed permit, released for public comment and developed in collaboration with states, would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold. EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. Comments on the draft general permit were due July 19, 2010.
- More information on the proposed permit
- Fact Sheet (PDF) (116 pp, 1.16MB, About PDF)
- Public Meetings, Webcast, and Hearing on the proposed permit (PDF) (2 pp, 43K, About PDF)
- Federal Register notice
EPA is proposing a definition of non-hazardous solid waste that would be used to identify whether non-hazardous secondary materials burned as fuels or used as ingredients in combustion units are solid waste. EPA is also proposing that non-hazardous secondary materials that have been discarded, and are therefore solid wastes, may be rendered products after they have been processed (altered chemically or physically) into a fuel or ingredient product. This proposed rule is necessary to identify units for the purpose of developing certain standards under sections 112 and 129 of the Clean Air Act (CAA). In addition to this proposed rule, EPA is concurrently proposing air emission requirements under CAA section 112 for industrial, commercial, and institutional boilers and process heaters, as well as air emission requirements under CAA section 129 for commercial and industrial solid waste incineration units. Comments were due July 19, 2010.
EPA is seeking comments from pesticide users, registrants, and other interested parties on draft Reasonable and Prudent Measures (RPMs) and Alternatives (RPAs) included in a draft Biological Opinion received from the National Marine Fisheries Service (NMFS) on June 16, 2010. This draft Biological Opinion addresses the potential effects from 12 pesticides to Pacific salmon and steelhead listed as endangered or threatened under the Endangered Species Act. The 12 pesticides are: Azinphos Methyl, Bensulide, Dimethoate, Disulfoton, Ethoprop, Fenamiphos, Methidathion, Methamidophos, Methyl Parathion, Naled, Phorate, and Phosmet. EPA is also encouraging input from State, Tribal, and local governments on the draft RPMs and RPAs to determine whether the alternatives or measures can be reasonably implemented and whether there are different measures that may provide adequate protection but result in less impact to pesticide users. The draft Biological Opinion is included in the docket (EPA-HQ-OPP-2008-0654) and posted to EPA’s Web site. Comments on the draft RPMs and RPAs were due within 30 days of the date the Biological Opinion was included in the docket in order for EPA to consider these comments in its response to the draft Biological Opinion. Comments received by EPA on other aspects of the draft Biological Opinion will be forwarded to the Service for their consideration. No extensions to this comment period will be provided because NMFS has a legal deadline to issue the final Biological Opinion by August 31, 2010.
EPA is proposing to amend the pesticide container and containment regulations to provide a 1-year extension of the 40 CFR 156.159 labeling compliance date from August 16, 2010 to August 16, 2011. This change is being proposed to address concerns raised by stakeholders and as a result of further Agency consideration. Comments were due July 15, 2010.
EPA Soliciting Comments on Request To Renew Existing ICR "Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting"
This Information Collection Request (ICR) addresses the two information collection requirements described in regulations pertaining to pesticidal substances that are produced by plants (PIPs) and which are codified in 40 CFR part 174. A PIP is defined as "the pesticidal substance that is intended to be produced and used in a living plant and the genetic material necessary for the production of such a substance." Many, but not all PIPs are exempt from registration requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Registrants sometimes include in a submission to EPA for registration of a PIP information that they claim to be Confidential Business Information (CBI). CBI is protected by FIFRA and generally cannot be released to the public. Under 40 CFR part 174, whenever a registrant claims that information submitted to EPA in support of a registration application for PIPs contains CBI, the registrant must substantiate such claims when they are made, rather than provide it later upon request by EPA. In addition, manufacturers of PIPs that are otherwise exempted from the requirements of registration must report adverse effects of the PIP to the Agency. Such reporting will allow the Agency to determine whether further action is needed to prevent unreasonable adverse effects to the environment. Submission of this information is mandatory. This ICR is currently scheduled to expire on January 31, 2011. Entities potentially affected by this ICR include producers and importers of PIPs. Comments were due July 6, 2010.
The Safe Drinking Water Act (SDWA) requires EPA to conduct a periodic review of existing National Primary Drinking Water Regulations (NPDWRs) and determine which, if any, need to be revised. The purpose of the review, called the Six-Year Review, is to identify those NPDWRs for which current health effects assessments, changes in technology, and/or other factors provide a health or technical basis to support a regulatory revision that will improve or strengthen public health protection. EPA has completed its detailed review of 71 NPDWRs and at this time believes that four NPDWRs are candidates for regulatory revision. These four NPDWRs are acrylamide, epichlorohydrin, tetrachloroethylene, and trichloroethylene. EPA requests public comment and/or relevant information that will assist the Agency as we move forward with regulatory action to revise these four NPDWRs. In addition to the 71 NPDWRs discussed in detail in today's action, this review also includes 14 other NPDWRs that need no detailed review because of recent or ongoing revision actions. UPDATE: Comment period extended. Comments were due July 1, 2010.
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. These draft guidelines are part of a series of test guidelines established by the Office of Prevention, Pesticides and Toxic Substances (OPPTS) for use in testing pesticides and chemical substances to develop data for submission to the Agency under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and/or the Federal Food, Drug, and Cosmetic Act (FFDCA). Data from these studies are used to support the labeling claims for public health related to antimicrobial agents. Comments were due March 29, 2010. UPDATE: Comment period reopened. Comments were due June 28, 2010.
EPA is proposing to amend the Mandatory Greenhouse Gas (GHG) Reporting Rule, to require reporters subject to the rule to provide: The name, address, and ownership status of their U.S. parent company; their primary and all other applicable North American Industry Classification System (NAICS) code(s); and an indication of whether or not any of their reported emissions are from a cogeneration unit. The Mandatory GHG Reporting Rule requires greenhouse gas emitting facilities and suppliers of fuels and industrial gases from all sectors of the economy to report their greenhouse gas emissions and to provide certain additional supporting data in annual reports submitted to EPA. Comments were due June 11, 2010.
EPA is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals, the first expansion of the program in more than a decade. Established as part of the Emergency Planning and Community Right to Know Act (EPCRA), TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The proposal is part of Administrator Lisa P. Jackson’s ongoing efforts to provide communities with more complete information on chemicals. EPA has concluded, based on a review of available studies, that these chemicals could cause cancer in people. The purpose of the proposed addition to TRI reporting requirements is to inform the public about chemical releases in their communities and to provide the government with information for research and potential development of regulations. Comments were due June 7, 2010.
- More information about the proposed chemicals
- More information about the TRI program
- Federal Register notice
EPA is proposing to amend certain of the Renewable Fuel Standard program regulations published on March 26, 2010, that are scheduled to take effect on July 1, 2010. Following publication of the RFS2 regulations, promulgated in response to the requirements of the Energy Independence and Security Act of 2007, EPA discovered some technical errors and areas within the final RFS2 regulations that could benefit from clarification or modification. This proposed rule would amend the RFS2 regulations to make the appropriate corrections, clarifications, and modifications. Written comments were due June 9, 2010. A request for a public hearing must have been received by May 25, 2010.
Opportunity for Public Hearing and Additional Comment on California State Nonroad Engine Pollution Control Standards
The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its emission standards for fleets that operate nonroad, diesel fueled equipment with engines 25 horsepower (hp) and greater. EPA has scheduled a public hearing CARB's request on April 14, 2010, beginning at 10 a.m. in Washington, DC. Comments, identified by Docket ID No. EPA-HQ-OAR-2008-0691, were due May 18, 2010.
EPA is proposing water quality standards to protect people’s health, aquatic life, and the long term recreational uses of Florida’s waters, which are a critical part of the state’s economy. In 2009, EPA entered into a consent decree with the Florida Wildlife Federation to propose limits to this pollution. The proposed action, released for public comment and developed in collaboration with the state, would set a series of numeric limits on the amount of phosphorus and nitrogen that would be allowed in Florida’s lakes, rivers, streams, springs, and canals. Nutrient pollution can damage drinking water sources; increase exposure to harmful algal blooms, which are made of toxic microbes that can cause damage to the nervous system or even death; and form byproducts in drinking water from disinfection chemicals, some of which have been linked with serious human illnesses like bladder cancer. Phosphorus and nitrogen pollution comes from stormwater runoff, municipal wastewater treatment, fertilization of crops, and livestock manure. Nitrogen also forms from the burning of fossil fuels. The proposed action announced today also introduces and seeks comment on a new regulatory process for setting standards in a manner that drives water quality improvements in already impaired waters. The proposed new regulatory provision, called restoration standards, would be specific to nutrients in the state of Florida. EPA will hold three public hearings on the proposed rule to obtain input and comments on the direction of EPA’s rulemaking. These hearings are scheduled for February 16, 17, and 18, 2010 in Tallahassee, Orlando, and West Palm Beach, respectively. Comments were due April 28, 2010.
- More information on the proposed water quality standards
- January 26, 2010 Federal Register notice
- March 4, 2010 Update: EPA Extends Comment Period
EPA is requesting to consolidate, streamline, and update its Concentrated Animal Feeding Operation (CAFO) and Concentrated Aquatic Animal Production (CAAP) facility Information Collection Requests (ICRs) into the currently approved ICR for CAFOs. Comments were due April 26, 2010.
EPA announces the availability of a draft Guidance for Federal land management in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that reduce water pollution. This guidance will have chapters addressing the following categories of activity: Agriculture; Urban areas, including Turf (excluding sources regulated as point sources); Onsite/Decentralized Treatment Systems; Forestry; Riparian Areas; and Hydromodification. Comments on the draft guidance were due April 23, 2010.
In response to two petitions seeking disclosure of selected inert ingredients on pesticide labels, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. Inert ingredients are part of the end use product formulation and are not active ingredients. Pesticide manufacturers usually disclose their inert ingredients only to EPA. The agency is inviting comment on various regulatory and voluntary steps to achieve this broader disclosure. Comments on the advance notice of proposed rulemaking were due April 23, 2010.
EPA is taking direct final action to amend the general provisions for the Mandatory Greenhouse Gas (GHG) Reporting Rule. The amendments do not change the requirements of the regulation for facilities and suppliers covered by the 2009 final rule. Rather, the amendments are minor changes to the format of several sections of the general provisions to accommodate the addition of new subparts in the future in a simple and clear manner. These changes include updating the language for the schedule for submitting reports and calibrating equipment to recognize that subparts that may be added in the future would have later deadlines. These revisions do not change the requirements for subparts included in the 2009 final rule. UPDATE: EPA withdraws the direct final rule. EPA is also proposing minor changes including updating the language for the schedule for submitting reports and calibrating equipment to recognize that subparts that may be added in the future would have later deadlines. Written comments were due April 15, 2010.
EPA is seeking public comment on the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2008 draft report. The inventory tracks annual greenhouse gas emissions from 1990 to 2008 at the national level. Overall, emissions have grown by 13.6 percent from 1990 to 2008. The draft report shows that in 2008, overall greenhouse gas (GHGs) emissions have decreased by 2.9 percent. This downward trend was attributed to a decrease in carbon dioxide emissions associated with fuel and electricity consumption. The gases covered by this inventory include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon by forests, vegetation, and soils. Comments were due April 14, 2010.
EPA has released a policy paper that describes how the Agency plans to use revised methods in conducting risk assessments for pesticide uses and exposures not governed by the Federal Food, Drug, and Cosmetic Act (FFDCA). Implementing this policy will increase protections, especially for agricultural workers and children of workers in agricultural fields. The agency is asking the public to comment on the new approach and how best to implement the improvements. Under the policy, EPA risk assessments for children, farmworkers and others, would consider aggregate pesticide exposures from all sources in addition to the cumulative effects from multiple pesticides that have similar toxicity. EPA would apply an additional safety factor to protect infants and children from the risks of pesticides where the available data are incomplete. Comments were due April 12, 2010.
- More information on the proposed Worker Risk Assessment
- December 9, 2009 Federal Register notice - Notice of Availability
- February 5, 2010 Federal Register notice - Extension of comment period
- Docket EPA-HQ-OPP-2009-0889 at regulations.gov
EPA is seeking comment on ten Total Maximum Daily Loads (TMDLs) for waters located within Louisiana, and is requesting that the public provide to EPA any water quality related data and information that may be relevant to the calculations for the ten TMDLs. Comments were due March 29, 2010.
EPA is making its proposed registration decision, related risk assessments, and the proposed product labels for fenazaquin available for comment. Registration items are available in the fenazaquin docket (ID# EPA-HQ-OPP-2006-0075). Comments were due March 23, 2010.
EPA Solicits Comments on Petition Requesting Classification of all Rodenticide Products Containing Strychnine as Restricted Use Pesticides
EPA is publishing for public comment a July 9, 2009 petition from the State FIFRA Issues Research and Evaluation Group (SFIREG), available in docket number EPA–HQ–OPP–2009–0815, requesting that the Agency classify all rodenticide products containing strychnine as Restricted Use Pesticides. Restricted use pesticides may only be sold to and applied by certified applicators or persons acting under the direct supervision of certified applicators. End-use pesticide products that are not classified as restricted use pesticides are considered to be unclassified. The petitioner reports that member States have noted incidents of misuse of strychnine products, including use to control "black-tailed prairie dogs and other pests not found on the product labeling." The petitioner states that uses against prairie dogs typically consist of "broadcast applications of bait products on the soil surface" and thereby increase the likelihood of primary and secondary exposures to non-target species. Comments were due March 18, 2010.
EPA has established registration review dockets for the following pesticides, and is opening the public comment period for these registration reviews:
- Disodium cyanodithioimidocarbamate (Docket ID# EPA–HQ–OPP–2009–0723)
- Dibromo-3-nitrilopropionamide (Docket ID# EPA–HQ–OPP–2009–0724)
- 2-Mercaptobenzothiazole (Docket ID# EPA–HQ–OPP–2009–0725)
- Bromohydroxyacetophenone (Docket ID# EPA–HQ–OPP–2009–0726)
- Lauryl Sulfate Salts (Docket ID# EPA–HQ–OPP–2009–0727)
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. Comments were due March 16, 2010.
EPA is proposing to put in place an additional 18-month stay to the existing stay of the inclusion of fugitive emissions requirements in the federal Prevention of Significant Deterioration (PSD) program published in the Federal Register on December 19, 2008, in the final rule entitled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Fugitive Emissions" (Fugitive Emissions Rule). The Fugitive Emissions Rule under the federal PSD program requires that fugitive emissions be included in determining whether a physical or operation change results in a major modification only for sources in industries that have been designated through rulemaking under section 302(j) of the Clean Air Act. The existing stay is in effect for three months; that is, from December 31, 2009, until March 31, 2010. This action proposes to put in place an additional stay for 18 months, which we believe will allow for sufficient time for EPA to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the Federal PSD program. Comments were due March 15, 2010.
EPA is proposing revisions to its pesticide tolerance crop grouping regulations, which allow establishment of tolerances for multiple related crops, based on data from a representative set of crops. The present revision would create a new crop group for oilseeds, expand existing crop groups by adding new commodities, establish new crop subgroups, and revise the representative crops in some groups. EPA expects these revisions to promote greater use of crop groupings for tolerance-setting purposes and, in particular, will assist in making available lower risk pesticides for minor crops both domestically and in countries that export food to the United States. This is the second in a series of planned crop group updates expected to be proposed over the next several years. EPA is also proposing to delete 40 CFR 180.1(h) which addresses when tolerances apply to post-harvest uses. Comments were due March 8, 2010.
EPA is requesting comment on a petition filed recently by environmental and farm worker organizations asking EPA to evaluate children’s exposure to pesticide drift and to adopt, on an interim basis, requirements for “no-spray” buffer zones near homes, schools, day-care centers, and parks. December 9, 2009 update: Comments were due March 5, 2010.
EPA Proposes New Pesticide Labeling To Control Spray Drift and Protect Human Health; Requests Comment on Draft Interpretation, Support Documents
EPA has rolled out proposed guidance for new pesticide labeling to reduce off-target spray and dust drift. The actions in the draft pesticide registration (PR) notice, when implemented, will improve the clarity and consistency of pesticide labels and help prevent harm from spray drift. The new instructions will prohibit drift that could cause adverse health or environmental effects. In addition to the draft notice on pesticide-drift labeling, EPA is seeking comment on a draft pesticide drift labeling interpretation document that provides guidance to state and tribal enforcement officials. An additional supporting document provides background information on pesticide drift, a description of current and planned EPA actions, a reader’s guide explaining key terms and concepts, and specific questions on which EPA is seeking input. December 9, 2009 update: Comments were due March 5, 2010.
- Federal Register notice
- Draft PR notice and related materials from Docket ID #EPA-HQ-OPP-2009-0628
- More information on pesticide spray and dust drift
This notice announces the availability of EPA's proposed registration review decision for the pesticide Bacillus subtilis (case 6012) and opens a public comment period on the proposed decision. The Bacillus subtilis case consists of four strains: Strain GB03; Strain MBI 600; Strain QST 713; and var. amyloliquefaciens Strain FZB24. All four strains occur ubiquitously in the environment. Comments were due February 28, 2010.
EPA has established a registration review docket for the pesticide ethylene (Docket ID# EPA–HQ–OPP–2009–0877), and is opening the public comment period for this registration review. Comments were due February 26, 2010.
EPA's proposed registration decision for S-Abscisic acid is available for public comment (Docket ID# EPA-HQ-OPP-2009-0127). The proposed product labels are also available for comment. Comments were due February 25, 2010.
EPA has established registration review dockets for the following pesticides, and is opening the public comment period for these registration reviews:
- Azoxystrobin (Docket ID# EPA–HQ–OPP–2009–0835)
- Cyphenothrin (Docket ID# EPA–HQ–OPP–2009–0842)
- Difenzoquat (Docket ID# EPA–HQ–OPP–2009–0787)
- Diquat Dibromide (Docket ID# EPA–HQ–OPP–2009–0846)
- Esfenvalerate (Docket ID# EPA–HQ–OPP–2009–0301)
- Metalaxyl & Mefenoxam (Docket ID# EPA–HQ–OPP–2009–0863)
- Propoxur (Docket ID# EPA–HQ–OPP–2009–0806)
- Thiodicarb (Docket ID# EPA–HQ–OPP–2009–0432)
- Fenbutatin Oxide (Docket ID# EPA–HQ–OPP–2009–0841)
Comments were due February 16, 2010.
On December 23, 2009, the U.S. District Court for the Southern District of New York vacated all registrations issued by EPA for pesticide products containing the active ingredient spirotetramat, due to a lack of opportunity for comment on the applications for those registrations before the Agency granted them. The vacatur is currently stayed until February 16, 2010; when the stay is lifted, the spirotetramat registrations will cease to be valid under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). When that happens, EPA intends to issue a cancellation order that will establish provisions governing the disposition of existing stocks of previously-registered spirotetramat pesticide product already in the channels of trade. As a result of the Court’s decision to vacate the registrations, EPA intends to treat the registrant’s earlier-filed applications for registration as now pending before the Agency. The Agency intends to publish a new notice for comment in the Federal Register in the next few weeks. Comments on how EPA should treat the sale, distribution, and/or use of existing stocks of spirotetramat in the cancellation order were due February 8, 2010
EPA is making its proposed registration decision available for the following biopesticide:
Also available for comment are the draft final exemptions from the requirement of a tolerance in or on all food commodities. Comments were due February 4, 2010.
EPA is making its proposed registration decisions available for the following biopesticides:
Also available for comment are the draft final exemptions from the requirement of a tolerance for each biopesticide in or on all food commodities. Comments were due January, 29 2010.
EPA is making its proposed registration decision for a new active ingredient, lavandulyl senecioate, including preliminary risk assessment and proposed labels available for comment (Docket ID# EPA–HQ–OPP–2009–0044). Comments were due January 20, 2010.
Public Comment Requested on Candidate National Enforcement and Compliance Assurance Priorities for Fiscal Years 2011-2013
EPA is soliciting public comment and recommendations on enforcement and compliance national priorities to be addressed for fiscal years 2011-2013. EPA selects these priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor. Priority candidates such as Air Toxics, Concentrated Animal Feeding Operations (CAFOs), Wetlands, Worker Protection Standards, and more are listed on EPA's National Priorities for Enforcement and Compliance Assurance Web page. Comments were due January 19, 2010.
The public is encouraged to take a close look at a new proposed National Pollutant Discharge Elimination System (NPDES) General Discharge Permit, required by the Clean Water Act, that would affect animal feeding operations in Idaho. If enacted as proposed, this permit will regulate discharges to surface waters from many Idaho feedlots, including those on tribal lands. When improperly managed, concentrated animal feeding operations (CAFOs) can be significant sources of excess nutrients, hormones and bacteria, which may impair water quality and deplete oxygen levels, causing serious damage to the environment. The general permit would allow a CAFO operator to discharge to surface waters only if they are in compliance with new regulations regarding production areas and land applications areas. Also, under the new permit, CAFO owners and operators must submit a nutrient management plan for review in addition to the required standard notice of intent. CAFOs that have had permits in the past, or currently discharge or propose to discharge, will have 90 days to submit their notice of intent and nutrient management plans to obtain coverage under the new permit. The full proposed permit is available online at Region 10's NPDES Permits Web page and in the Federal Register notice. Comments were due January 19, 2010. For more information about CAFOs and permitting, visit EPA's CAFO Industry Effluent Guideline Web page.
Pesticide Registration Decisions for 2-Methyl-1-Butanol and Calcium Acetate Opened for Public Comment
EPA is making its proposed registration decisions for 2-Methyl-1-butanol and Calcium acetate available for comment (Docket ID# EPA–HQ–OPP–2009–0125). The Biopesticides Registration Action Decision (BRAD) contains EPA's proposed registration decisions and risk assessments. In addition, EPA is making the proposed product labels available for comment. Comments were due January 15, 2010.
EPA announces the availability of a draft strategy for restoration and protection of the Chesapeake Bay and requests public comment. The draft strategy contains a comprehensive package of federal initiatives to restore clean water, conserve treasured places, protect fish and wildlife, and adapt to the impacts of climate change. These objectives will be accomplished by empowering local efforts, making decisions based on science and forging a new era of federal leadership and accountability. Close collaboration of efforts with the six states in the Chesapeake Bay watershed and the District of Columbia will also be critical. To restore clean water, EPA will create a framework for performance and accountability to guide federal and state pollution control programs, and expand regulatory tools to reduce pollution from concentrated animal feeding operations and urban and suburban runoff. The U.S. Department of Agriculture will intensively target voluntary conservation incentives at high priority areas. New emphasis is also placed on improving stormwater management on federal land and reducing polluted runoff from transportation infrastructure. The draft strategy is available at the Chesapeake Bay Executive Order Web site. Comments were due January 8, 2010.
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