46796 Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices 

Dated: July 25, 2011. 

Stephen A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2011–19418 Filed 8–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0882; FRL–8882–3] 

Butylate; Registration Review 

Proposed Decision; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s proposed 

registration review decision for the 

pesticide butylate and opens a public 

comment period on the proposed 

decision. Registration review is EPA’s 

periodic review of pesticide 

registrations to ensure that each 

pesticide continues to satisfy the 

statutory standard for registration, that 

is, that the pesticide can perform its 

intended function without unreasonable 

adverse effects on human health or the 

environment. Through this program, 

EPA is ensuring that each pesticide’s 

registration is based on current 

scientific and other knowledge, 

including its effects on human health 

and the environment. 

DATES: Comments must be received on 

or before October 3, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0882, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket identification (ID) number EPA– 

HQ–OPP–2008–0882. EPA’s policy is 

that all comments received will be 

included in the docket without change 

and may be made available on-line at 

http://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 Web site 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 automatically captured and 

included as part of the comment that is 

placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: For 

pesticide specific information, contact: 

Steven Snyderman, Chemical Review 

Manager, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 347–0249; fax number: 

(703) 308–7070; e-mail address: 

snyderman.steven@epa.gov. 

For general information on the 

registration review program, contact: 

Kevin Costello, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–5026; fax number: 

(703) 308–8090; e-mail address: 

costello.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, farm 

worker, and agricultural advocates; the 

chemical industry; pesticide users; and 

members of the public interested in the 

sale, distribution, or use of pesticides. 

Since others also may 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 

chemical review manager 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 

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 ID 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices 46797 

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. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the agency taking? 

Pursuant to 40 CFR 155.58, this notice 

announces the availability of EPA’s 

proposed registration review decision 

for the pesticide shown in the following 

table, and opens a 60-day public 

comment period on the proposed 

decision. Butylate is a thiocarbamate, 

soil-incorporated herbicide and was 

registered for use on field corn, pop 

corn, and sweet corn. The last butylate 

pesticide product registered for use in 

the United States was terminated on 

March 23, 2011. 

TABLE—REGISTRATION REVIEW PROPOSED FINAL DECISIONS

Registration Review Case Name and 

No. Pesticide Docket ID No. Chemical review manager, telephone No., e-mail address 

Butylate, 0071 ...................................... EPA–HQ–OPP–2008– 

0882.

Steven Snyderman, (703) 347–0249, snyderman.steven@epa.gov. 

The registration review docket for a 

pesticide includes earlier documents 

related to the registration review of the 

case. For example, the review opened 

with the posting of a Summary 

Document, containing a Preliminary 

Work Plan, for public comment. A Final 

Work Plan was posted to the docket 

following public comment on the initial 

docket. 

As stated in the documents in the 

initial butylate registration review 

docket, the Agency had intended to 

revise the existing risk assessments for 

butylate. However, after publication of 

the butylate Final Work Plan, pursuant 

to Section 4(i)(5)(G) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended, the Agency 

issued a cancellation order, dated July 

14, 2010, to the technical registrant TriAg, Inc., cancelling their butylate 

registrations for non-payment of annual 

registration maintenance fees, which 

were due January 15, 2010. This 

cancellation order established July 14, 

2010 as the effective cancellation date 

for Tri-Ag, Inc.’s butylate registrations. 

Further, the Agency announced the 

issuance of the cancellation order for 

non-payment of year 2010 registration 

maintenance fees for butylate products 

in the Federal Register on July 28, 2010 

(75 FR 44240; FRL–8835–2). For the 

remaining butylate product 

registrations, pursuant to Section 6(f)(1) 

of FIFRA, as amended, the Agency 

announced receipt of a request from the 

end-use registrant, Arysta Lifescience 

North America, LLC, to voluntarily 

cancel the last butylate product 

registration; and then granted this 

voluntary cancellation request, 

establishing March 23, 2011, as the 

effective cancellation date for the last 

butylate product registered for use in 

the United States, as published in the 

Federal Register on March 23, 2011 (76 

FR 16147, FRL–8867–8). Due to the 

cancellation orders issued affecting the 

last remaining butylate product 

registrations in the United States, the 

Agency has found that it is not 

necessary to conduct new risk 

assessments for butylate and is, 

therefore, issuing a proposed decision 

pursuant to 40 CFR 155.58. The Agency 

believes that mitigation measures put 

into effect on product labeling through 

the reregistration process are adequate 

to protect human health and the 

environment until existing stocks of 

butylate are exhausted. This proposed 

registration review decision is described 

in more detail in the Butylate Proposed 

Registration Review Decision, available 

in the butylate docket. Following public 

comment, the Agency will issue a final 

registration review decision for products 

containing butylate. 

The registration review program is 

being conducted under congressionallymandated time frames, and EPA 

recognizes the need both to make timely 

decisions and to involve the public. 

Section 3(g) of FIFRA, as amended, 

required EPA to establish by regulation 

procedures for reviewing pesticide 

registrations, originally with a goal of 

reviewing each pesticide’s registration 

every 15 years to ensure that a pesticide 

continues to meet the FIFRA standard 

for registration. The Agency’s final rule 

to implement this program was issued 

in August 2006 and became effective in 

October 2006, and appears at 40 CFR 

part 155, subpart C. The Pesticide 

Registration Improvement Act of 2003 

(PRIA) was amended and extended in 

September 2007. FIFRA, as amended by 

PRIA in 2007, requires EPA to complete 

registration review decisions by October 

1, 2022, for all pesticides registered as 

of October 1, 2007. 

The registration review final rule at 40 

CFR 155.58(a) provides for a minimum 

60-day public comment period on all 

proposed registration review decisions. 

This comment period is intended to 

provide an opportunity for public input 

and a mechanism for initiating any 

necessary amendments to the proposed 

decision. All comments should be 

submitted using the methods in 

ADDRESSES, and must be received by 

EPA on or before the closing date. These 

comments will become part of the 

docket for butylate. Comments received 

after the close of the comment period 

will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

The Agency will carefully consider all 

comments received by the closing date 

and will provide a ‘‘Response to 

Comments Memorandum’’ in the 

docket. The final registration review 

decision will explain the effect that any 

comments had on the decision and 

provide the Agency’s response to 

significant comments. 

Background on the registration review 

program is provided at: http:// 

www.epa.gov/oppsrrd1/ 

registration_review. Links to earlier 

documents related to the registration 

review of this pesticide are provided at: 

http://www.epa.gov/oppsrrd1/ 

registration_review/butylate/. 

B. What is the agency’s authority for 

taking this action? 

Section 3(g) of FIFRA and 40 CFR part 

155, subpart C, provide authority for 

this action. 


srobinson on DSK4SPTVN1PROD with NOTICES
46798 Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Pesticides pest, and butylate. 

Dated: July 25, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–19691 Filed 8–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–UST–2010–0651; FRL–9447–3] 

Compatibility of Underground Storage 

Tank Systems With Biofuel Blends; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; correction. 

SUMMARY: This document contains a 

typographical correction to the guidance 

which was published in the Federal 

Register of Tuesday, July 5, 2011. The 

guidance described how owners and 

operators of underground storage tanks 

(USTs) can demonstrate compliance 

with the Federal compatibility 

requirement for UST systems storing 

gasoline greater than 10 percent ethanol 

or diesel containing greater than 20 

percent biodiesel. That guidance 

contained a typographical error which 

this action corrects. The complete, 

corrected version of the guidance can be 

found on EPA’s Web site. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Barbery, (703) 603–7137. 

Correction 

In the Federal Register of July 5, 

2011, in 76 FR 39095, on page 39100, 

in the second column, correct the fourth 

paragraph under ‘‘IV. Final Guidance’’ 

to read: 

The discussion in this document is 

intended solely as guidance. The statutory 

provisions and EPA regulations described in 

this document contain legally binding 

requirements. This document is not a 

regulation itself, nor does it change or 

substitute for those provisions and 

regulations. Thus, it does not impose legally 

binding requirements on EPA, states, or the 

regulated community. 

Dated: July 28, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2011–19682 Filed 8–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9447–2] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approvals, Commonwealth of 

Kentucky 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of the Commonwealth of 

Kentucky’s request to revise certain of 

its EPA-authorized programs to allow 

electronic reporting. 

DATES: EPA’s approval is effective 

August 3, 2011. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, U.S. Environmental 

Protection Agency, Office of 

Environmental Information, Mail Stop 

2823T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460, or Karen 

Seeh, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1175, 

seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Under subpart 

D of CROMERR, state, tribe or local 

government agencies that receive, or 

wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D also provides standards for 

such approvals based on consideration 

of the electronic document receiving 

systems that the state, tribe, or local 

government will use to implement the 

electronic reporting. Additionally, in 

§ 3.1000(b) through (e) of 40 CFR part 3, 

subpart D provides special procedures 

for program revisions and modifications 

to allow electronic reporting, to be used 

at the option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On December 20, 2010, the Kentucky 

Department for Environmental 

Protection (KY DEP) submitted an 

application for its Net Discharge 

Monitoring Report (NetDMR) electronic 

document receiving system for revision/ 

modification of its EPA-authorized 

programs under title 40 CFR. EPA 

reviewed KY DEP’s request to revise its 

EPA-authorized programs and, based on 

this review, EPA determined that the 

application met the standards for 

approval of authorized program 

revisions/modifications set out in 40 

CFR part 3, subpart D. In accordance 

with 40 CFR 3.1000(d), this notice of 

EPA’s decision to approve Kentucky’s 

request for revision to its 40 CFR Part 

123– National Pollutant Discharge 

Elimination System (NPDES) State 

Program Requirements and part 403– 

General Pretreatment Regulations For 

Existing And New Sources Of Pollution 

EPA-authorized programs for electronic 

reporting of discharge monitoring report 

information submitted under 40 CFR 

parts 122 and 403 is being published in 

the Federal Register. 

KY DEP was notified of EPA’s 

determination to approve its application 

with respect to the authorized programs 

listed above. 

Dated: July 28, 2011. 

Arnold E. Layne, 

Acting Director, Office of Information 

Collection. 

[FR Doc. 2011–19696 Filed 8–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0582; FRL–8881–9] 

FIFRA Scientific Advisory Panel; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: There will be a 2-day 

consultation meeting of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act Scientific Advisory Panel (FIFRA 

SAP) to consider and review scientific 

issues concerning the Two-dimensional 


srobinson on DSK4SPTVN1PROD with NOTICES