Potassium Chloride; Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 5323-5325 [06-936]

Download as PDF Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices Washington, DC 20460–0001; (703) 308– 6164; e-mail: wagner.pauline@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information cchase on PROD1PC60 with NOTICES A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: • Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). • Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. VerDate Aug<31>2005 17:49 Jan 31, 2006 Jkt 208001 • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? EPA is printing a summary of a pesticide petition received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment or amendment of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA has determined that this pesticide petition contains data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petition. Additional data may be needed before EPA rules on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition included in this notice, prepared by the petitioner along with a description of the analytical method available for the detection and measurement of the pesticide chemical residues is available on EPA’s Electronic Docket at https://www.regulations.gov/. To locate this information on the home page of EPA’s Electronic Docket, select ‘‘Quick Search’’ and type the OPP docket ID number. Once the search has located the docket, clicking on the ‘‘Docket ID’’ will bring up a list of all documents in the docket for the pesticide including the petition summary. New Exemption from Tolerance PP 5E7003. Stepan Company, 951 Bankhead Highway, Winder, GA 30680, proposes to establish an exemption from the requirement of a tolerance for residues of amine oxides in or on food commodities when used as an inert ingredient. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 5323 List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: January 25, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6–1343 Filed 1–31–06; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2006–0015; FRL–7758–3] Potassium Chloride; Receipt of Application for Emergency Exemption, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: EPA has received a quarantine exemption request from the Virginia Department of Agriculture and Consumer Service to use the pesticide potassium chloride (CAS No. 7447–40– 7) to treat the Millbrook Quarry to control zebra mussels. The Applicant proposes the use of a new chemical which has not been registered by EPA. Due to the urgent nature of the emergency and the very narrow and extremely limited use being requested, EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with comments about this notice and treatment program. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2006–0015, by one of the following methods: • https://www.regulations.gov/. Follow the on-line instructions for submitting comments. • E-mail: opp-docket@epa.gov. • Mail: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. Hand Delivery: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number EPA–HQ–OPP–2006– 0015. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The E:\FR\FM\01FEN1.SGM 01FEN1 cchase on PROD1PC60 with NOTICES 5324 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices telephone number for the docket facility is (703) 305–5805. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2006– 0015. EPA’s policy is that all comments received will be included in the public docket without change and may be made available on-line at https:// www.regulations.gov/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be captured automatically and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/docket.htm/. Docket: All documents in the docket are listed in the regulation.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at https:// www.regulations.gov/ or in hard copy at the Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal VerDate Aug<31>2005 17:49 Jan 31, 2006 Jkt 208001 holidays. The telephone number for the docket facility is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–9367; fax number: (703) 308– 5433; e-mail address: Sec-18Mailbox@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111) • Animal production (NAICS code 112) • Food manufacturing (NAICS code 311) • Pesticide manufacturing (NAICS code 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns, and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. II. Background A. What Action is the Agency Taking? Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the Administrator determines that emergency conditions exist which require the exemption. Virginia Department of Agriculture and Consumer Service has requested the Administrator to issue a quarantine exemption for the use of potassium chloride to treat the Millbrook Quarry to control zebra mussels. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the Applicant asserts that the zebra mussels need to be eradicated from the Millbrook Quarry while they are still contained and before they enter another local body of water. Zebra mussels are an invasive species and to date have caused billions of dollars of damage in the United States. The state contends that the zebra mussel could have significant adverse shortterm and long-term ecological and economic impacts in Virginia. The quarry is separated from Broad Run by a 200 - 300 foot-wide berm. Lake Manassas (5c miles downstream from the quarry) serves as the primary water supply for the City of Manassas and a number of municipalities in the area. And downstream of Lake Manassas is the Occoquan Reservoir, which serves a E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices larger water supply capacity (over 1 million people in Northern Virginia) and a number of power supply facilities that could be significantly affected if zebra mussels escape to infest the Occoquan watershed. Fairfax Water estimates that they would incur a $2 $4 million capital outlay for chemical feed facilities and $500,000 - $850,000 per year for chemicals and system maintenance. The Applicant proposes to make 1 to 4 applications of a 12% liquid potassium stock solution mixed from muriate of potash. Two-hundred million gallons of water in the quarry will be treated with 128,000 kilograms of active ingredient (131,000 kg of dry muriate of potash). This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 of FIFRA require publication of a notice of receipt of an application for a quarantine exemption proposing ‘‘use of a new chemical (i.e., an active ingredient) which has not been registered by the EPA.’’ As noted above, the Agency is eliminating the comment period due to the urgent nature of emergency situation and the very narrow and extremely limited use being requested. Nonetheless, interested parties may still contact the Agency with comments about this notice and treatment program. List of Subjects Environmental protection, Pesticides and pests. Dated: January 20, 2006. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 06–936 Filed 1–31–06; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2005–0513; FRL–7755–8] Approval of Test Marketing Exemption for a Certain New Chemical Environmental Protection Agency (EPA). ACTION: Notice. cchase on PROD1PC60 with NOTICES AGENCY: SUMMARY: This notice announces EPA’s approval of an application for test marketing exemption (TME) under section 5(h)(1) of the Toxic Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated this application as TME–06–0001. The test marketing VerDate Aug<31>2005 17:49 Jan 31, 2006 Jkt 208001 conditions are described in the TME application and in this notice. DATES: Approval of this TME is effective December 22, 2005. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: TSCA-Hotline@epa.gov. For technical information contact: Eric M. Jackson, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (202) 546– 0014; e-mail address: jackson.eric@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed in particular to the chemical manufacturer and/or importer who submitted the TME to EPA. This action may, however, be of interest to the public in general. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification (ID) number EPA–HQ–OPPT–2005–0513. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is (202) 566–1744, and the telephone PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 5325 number for the OPPT Docket, which is located in EPA Docket Center, is (202) 566–0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr/. EDOCKET, EPA’s electronic public docket and comment system was replaced on November 25, 2005 by an enhanced Federal-wide electronic docket management and comment system located at https:// www.regulations.gov/. Follow the online instructions. An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. Once in the system, select ‘‘search,’’ then key in the appropriate docket ID number. II. What is the Agency’s Authority for Taking this Action? Section 5(h)(1) of TSCA and 40 CFR 720.38 authorizes EPA to exempt persons from premanufacture notification (PMN) requirements and permit them to manufacture or import new chemical substances for test marketing purposes, if the Agency finds that the manufacture, processing, distribution in commerce, use, and disposal of the substances for test marketing purposes will not present an unreasonable risk of injury to health or the environment. EPA may impose restrictions on test marketing activities and may modify or revoke a test marketing exemption upon receipt of new information which casts significant doubt on its finding that the test marketing activity will not present an unreasonable risk of injury. III. What Action is the Agency Taking? EPA approves the above-referenced TME. EPA has determined that test marketing the new chemical substance, under the conditions set out in the TME application and in this notice, will not present any unreasonable risk of injury to health or the environment. E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5323-5325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-936]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0015; FRL-7758-3]


Potassium Chloride; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a quarantine exemption request from the 
Virginia Department of Agriculture and Consumer Service to use the 
pesticide potassium chloride (CAS No. 7447-40-7) to treat the Millbrook 
Quarry to control zebra mussels. The Applicant proposes the use of a 
new chemical which has not been registered by EPA. Due to the urgent 
nature of the emergency and the very narrow and extremely limited use 
being requested, EPA has eliminated the public comment period. 
Nonetheless, interested parties may still contact the Agency with 
comments about this notice and treatment program.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0015, by one of the following methods:
     https://www.regulations.gov/. Follow the on-line 
instructions for submitting comments.
     E-mail: opp-docket@epa.gov.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    Hand Delivery: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2006-0015. The 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The

[[Page 5324]]

telephone number for the docket facility is (703) 305-5805. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0015. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at https://www.regulations.gov/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be captured automatically and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/docket.htm/.
    Docket: All documents in the docket are listed in the 
regulation.gov index. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically at 
https://www.regulations.gov/ or in hard copy at the Public Information 
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA. The docket facility is 
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9367; fax number: (703) 308-5433; e-mail address: 
Sec-18-Mailbox@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.

II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. Virginia Department of 
Agriculture and Consumer Service has requested the Administrator to 
issue a quarantine exemption for the use of potassium chloride to treat 
the Millbrook Quarry to control zebra mussels. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that the zebra 
mussels need to be eradicated from the Millbrook Quarry while they are 
still contained and before they enter another local body of water. 
Zebra mussels are an invasive species and to date have caused billions 
of dollars of damage in the United States. The state contends that the 
zebra mussel could have significant adverse short-term and long-term 
ecological and economic impacts in Virginia. The quarry is separated 
from Broad Run by a 200 - 300 foot-wide berm. Lake Manassas 
(51/89/21/13/23/85/83/8 miles downstream from the quarry) 
serves as the primary water supply for the City of Manassas and a 
number of municipalities in the area. And downstream of Lake Manassas 
is the Occoquan Reservoir, which serves a

[[Page 5325]]

larger water supply capacity (over 1 million people in Northern 
Virginia) and a number of power supply facilities that could be 
significantly affected if zebra mussels escape to infest the Occoquan 
watershed. Fairfax Water estimates that they would incur a $2 - $4 
million capital outlay for chemical feed facilities and $500,000 - 
$850,000 per year for chemicals and system maintenance.
    The Applicant proposes to make 1 to 4 applications of a 12% liquid 
potassium stock solution mixed from muriate of potash. Two-hundred 
million gallons of water in the quarry will be treated with 128,000 
kilograms of active ingredient (131,000 kg of dry muriate of potash).
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
quarantine exemption proposing ``use of a new chemical (i.e., an active 
ingredient) which has not been registered by the EPA.''
    As noted above, the Agency is eliminating the comment period due to 
the urgent nature of emergency situation and the very narrow and 
extremely limited use being requested. Nonetheless, interested parties 
may still contact the Agency with comments about this notice and 
treatment program.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 20, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 06-936 Filed 1-31-06; 8:45 am]
BILLING CODE 6560-50-S
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