8346 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

TABLE 2.—REGISTRANTS OF

CANCELLED PRODUCTS—Continued 

EPA Company 

Number 

Company Name and 

Address 

072155 Bayer Advanced 

A Business Unit of 

Bayer Cropscience, 

LP. 

2 T.W.Alexander Dr. 

P.O. Box 12014 

Research Triangle 

Park, NC 27709 

075395 SK E&P Co. 

1300 Post Oak Blvd, 

Suite 450 

Houston, TX 77056 

075402 Boss Pet Products, 

Inc. 

1645 Rockside Rd., 

Suite 200 

Maple Heights, OH 

44147 

083399 Summit Vetpharm, 

LLC 

301 Route 17 North 

Rutherford, NJ 07070 

CA 990026 California Pecan 

Growers Association 

P. O. Box 1142 

Visalia, CA 93279 

CO–990012 State of Colorado 

700 Kipling St., Suite 

4000 

Lakewood, CO 80215 

CO–990013 State of Colorado 

700 Kipling St., Suite 

4000 

Lakewood, CO 80215 

CO–990014 State of Colorado 

700 Kipling St., Suite 

4000 

Lakewood, CO 80215 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

During the public comment period 

provided, EPA received no comments in 

response to the December 18, 2009 

Federal Register notice announcing the 

Agency’s receipt of the requests for 

voluntary cancellations of products 

listed in Table 1. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations of registrations identified 

in Table 1. Accordingly, the Agency 

orders that the product registrations 

identified in Table 1 are hereby 

canceled. Any distribution, sale, or use 

of existing stocks of the products 

identified in Table 1 in a manner 

inconsistent with any of the Provisions 

for Disposition of Existing Stocks set 

forth in Unit VI. will be considered a 

violation of FIFRA. 

V. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

VI. Provisions for Disposition of 

Existing Stocks 

EPA’s existing stocks policy 

published in the Federal Register of 

June 26, 1991 (56 FR 29362) (FRL– 

3846–4) provides that: ‘‘If a registrant 

requests to voluntarily cancel a 

registration where the Agency has 

identified no particular risk concerns, 

the registrant has complied with all 

applicable conditions of reregistration, 

conditional registration, and data call 

ins, and the registration is not subject to 

a Registration Standard, Label 

Improvement Program, or reregistration 

decision, the Agency will generally 

permit a registrant to sell or distribute 

existing stocks for 1 year after the 

cancellation request was received. 

Persons other than registrants will 

generally be allowed to sell, distribute, 

or use existing stocks until such stocks 

are exhausted.’’ 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

The effective date of this cancellation is 

February 24, 2010. The cancellation 

order that is the subject of this notice 

includes the following existing stock 

provisions: 

The registrant may sell and distribute 

existing stocks of product(s) listed in 

Table 1 until February 24, 2010. Persons 

other than the registrant may sell and 

distribute existing stocks of product(s) 

listed in Table 1 until exhausted. Use of 

the products listed in Table 1 may 

continue until existing stocks are 

exhausted, provided that such use is 

consistent with the terms of the 

previously approved labeling on, or that 

accompanied, the canceled product(s). 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: February 8, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–3537 Filed 2–23–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ FRL–9117–1] 

Proposed CERCLA Administrative 

Settlement; Anderson-Calhoun Mine 

and Mill Site, Leadpoint, WA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (CERCLA), 42 U.S.C. 9622(i), 

notice is hereby given of a proposed 

administrative settlement for costs 

associated with a removal action at the 

Anderson-Calhoun Mine and Mill Site 

in Leadpoint, Washington, with settling 

party Blue Tee Corporation. The 

settlement requires the settling party to 

pay $1,362,800 to cover the estimated 

cost of the selected removal action, and 

to conduct all future post-removal site 

control including maintenance and 

repair of the removal action. The 

settlement includes a covenant not to 

sue or take administrative action against 

the settling party pursuant to Sections 

106 or 107(a) of CERCLA, 42 U.S.C. 

9606 or 9607(a), for recovery of past 

costs and for the performance of the 

selected removal action. For thirty (30) 

days following the date of publication of 

this notice the Agency will receive 

written comments relating to the 

settlement. The Agency will consider all 

comments received during the thirty 

day period, and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the U.S. EPA 

Region 10 offices, located at 1200 Sixth 

Avenue, Seattle, Washington 98101. 

DATES: Comments must be submitted on 

or before March 26, 2010. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 


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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8347 

U.S. EPA Region 10 offices, located at 

1200 Sixth Avenue, Seattle, Washington 

98101. A copy of the proposed 

settlement may be obtained from Carol 

Kennedy, Regional Hearing Clerk, U.S. 

EPA Region 10, Mail Stop ORC–158, 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101; (206) 553–0242. 

Comments should reference the 

Anderson-Calhoun Mine and Mill Site 

in Leadpoint, Washington, EPA Docket 

No. CERCLA–10–2010–0105 and should 

be addressed to Alexander Fidis, 

Assistant Regional Counsel, U.S. EPA 

Region 10, Mail Stop ORC–158, 1200 

Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Fidis, Assistant Regional 

Counsel, U.S. EPA Region 10, Mail Stop 

ORC–158, 1200 Sixth Avenue, Suite 

900, Seattle, Washington 98101; (206) 

553–4710. 

SUPPLEMENTARY INFORMATION: The 

Anderson-Calhoun Mine and Mill Site 

(Site) is located in Leadpoint, Stevens 

County, Washington. Site operations 

conducted between 1910 and the early 

1980s included the mining and milling 

of lead-zinc ore, and the milling of 

barite ore. Waste-rock and mill tailings 

produced by these operations were 

disposed of at the Site in a raised 

tailings impoundment and at areas 

around the mill building. Waste-rock 

and tailings at the Site contain 

hazardous substances including barium, 

cadmium, copper, lead, selenium and 

zinc at concentrations that exceed 

applicable cleanup levels. The Agency 

has selected a removal action to address 

potential or actual threats that these 

substances may present to public health, 

welfare, or the environment. 

The settling party is one of three 

parties that together spent 

approximately $660,000 to investigate 

and study the Site, assess cleanup 

alternatives, and to develop an 

Engineering Evaluation and Cost 

Analysis that formed the basis for the 

selection of the removal action. The 

Agency entered into a settlement 

agreement with the other two parties, 

Docket Number CERCLA–10–2009– 

0195, for $357,000, which was 

deposited in a site-specific account. 

Under the proposed agreement, the 

settling party will pay $1,362,800 to the 

site-specific account to cover the 

remaining estimated costs of the 

removal action. The settling party will 

also conduct all future post-removal site 

control as described in a finalized 

maintenance and repair plan. The 

proposed settlement will provide the 

settling party with a covenant not to sue 

or take administrative action, subject to 

a reservation of certain rights, for 

recovery past response costs and for the 

performance of the selected removal 

action. 

Dated: Feburary 16, 2010. 

Linda Anderson-Carnahan, 

Acting Director, Office of Environmental 

Cleanup. 

[FR Doc. 2010–3681 Filed 2–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL –9117–3] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to Mecklenburg 

County, NC, Land Use and 

Environmental Services Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section1605(b)(2) 

[manufactured goods are not produced 

in the United States of a satisfactory 

quality] to the Mecklenburg County 

Land Use and Environmental Services 

Agency, for the purchase of coconut 

fiber (coir) woven mats. This is a 

project-specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on 

project-specific circumstances. These 

coconut fiber woven mats, which are 

supplied by HD Supply in Charlotte, 

NC, are manufactured in India and Sri 

Lanka, and meet Mecklenburg County’s 

performance specifications and 

requirements. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendations of EPA Region 4. The 

County has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

Office of Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the purchase of coconut fiber 

woven mats for the Torrence Creek 

Stream Restoration Project being 

implemented by the Mecklenburg 

County Land Use and Environmental 

Services Agency that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: January 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Y. Edwards, Project Officer, 

Grants and SRF Section, Water 

Protection Division (WPD), (404) 562– 

9340, USEPA Region 4, 61 Forsyth St., 

SW., Atlanta, GA 30303. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a project waiver of the 

requirements of Sections 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, to Mecklenburg County 

Land Use and Environmental Services 

Agency, Mecklenburg County, North 

Carolina, for the purchase of coconut 

fiber woven mats manufactured in India 

and Sri Lanka. 

Section 1605 of the ARRA requires 

that none of the appropriated funds may 

be used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project is produced in the 

United States, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency, herein EPA. A 

waiver may be provided if EPA 

determines that (1) applying these 

requirements would be inconsistent 

with the public interest; (2) iron, steel, 

and the relevant manufactured goods 

are not produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) inclusion of iron, steel, and the 

relevant manufactured goods produced 

in the United States will increase the 

cost of the overall project by more than 

25 percent. 

This manufactured good will be used 

as part of the ‘‘Torrence Creek Stream 

Restoration Project,’’ a stream 

stabilization project in North Carolina. 

The County states that only coconut 

fiber woven mats meet the specific 

needs of this project, which are 

durability, mat size and 

biodegradability. They indicate that the 

key characteristics that set coconut fiber 

woven mats apart from other 

alternatives are a 3+ year in-stream life 

expectancy followed by 100% 

biodegradation, and visually 

unobtrusive properties. The County 

states that coconut fibers are more 

durable than straw and other materials 

used in alternative mat products, and 

they do not require the incorporation of 

polypropylene and/or other synthetic 

products that are not 100% 

biodegradable. 

The April 28, 2009, EPA HQ 

Memorandum, ‘‘Implementation of Buy 

American provisions of Public Law 

111–5, the ‘American Recovery and 


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