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.
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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
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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
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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
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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