Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68305 

§ 152.96 Claim of data gap. 

(a) When a data gap may be claimed. 

Except as provided in paragraph (b) of 

this section, an applicant may defer his/ 

her obligation to satisfy an applicable 

data requirement until the Agency 

requires the data if no other person has 

previously submitted to the Agency a 

valid study that would satisfy the data 

requirement in question. 

(b) When a data gap may not be 

claimed—(1) Product containing a new 

active ingredient. An applicant for 

registration of a product containing a 

new active ingredient may not defer his/ 

her obligation by claiming a data gap 

unless he/she can demonstrate to the 

Agency’s satisfaction that the data 

requirement was imposed so recently 

that insufficient time has elapsed for the 

study to have been completed and that, 

in the public interest, the product 

should be registered during the limited 

period of time required to complete the 

study. Refer to FIFRA section 3(c)(7)(C). 

(2) Product not containing a new 

active ingredient. An applicant for 

registration of a product under FIFRA 

section 3(c)(7)(A) or (B) (a product not 

containing a new active ingredient) may 

not defer his/her obligation by claiming 

a data gap if the data are: 

(i) Data needed to determine whether 

the product is identical or substantially 

similar to another currently registered 

product or differs only in ways that 

would substantially increase the risk of 

unreasonable adverse effects on the 

environment. 

(ii) Efficacy data specific to the 

product, if required to be submitted to 

the Agency. 

(iii) If a new use is proposed for a 

product that is identical or substantially 

similar to an existing product, data to 

demonstrate whether the new use 

would substantially increase the risk of 

unreasonable adverse effects on the 

environment. 

(c) Approval of application with a 

data gap claim. (1) In accordance with 

§ 152.115(a), any registration that is 

approved based upon a data gap claim 

shall be conditioned on the submission 

of the data no later than the time that 

the data are required to be submitted for 

similar products already registered. 

(2) Notwithstanding paragraph (c)(1) 

of this section, the Agency will not 

approve an application if it determines 

that the data for which a data gap claim 

has been made are needed to determine 

if the product meets the requirements of 

FIFRA section 3(c)(5) or 3(c)(7). 

12. Section 152.97 is revised to read 

as follows: 

§ 152.97 Rights and obligations regarding 

the Data Submitters List. 

(a) Each original data submitter shall 

have the right to be included on the 

Agency’s Data Submitters List. 

(b) Each original data submitter who 

wishes to have his/her name added to 

the current Data Submitters List must 

submit to the Agency the following 

information: 

(1) Name and current address. 

(2) Chemical name, common name (if 

any) and CAS number (if any) of the 

active ingredient(s), with respect to 

which he/she is an original data 

submitter. 

(3) For each such active ingredient, 

the type(s) of study he/she has 

previously submitted (identified by 

reference to data/information 

requirements listed in part 158 of this 

chapter or part 161 of this chapter as 

applicable), the date of submission, and 

the EPA registration number, file 

symbol, or other identifying reference 

for which it was submitted. 

(c) Each applicant not already 

included on the Data Submitters List for 

a particular active ingredient must 

inform the Agency at the time of 

submission of a relevant study whether 

he/she wishes to be included on the 

Data Submitters List for that pesticide. 

13. Section 152.99 is amended by 

removing paragraph (a)(2)(iv), 

redesignating paragraphs (a)(2)(v) and 

(a)(2)(vi) as (a)(2)(iv) and (a)(2)(v), and 

revising newly redesignated paragraph 

(a)(2)(iv) to read as follows: 

§ 152.99 Petitions to cancel registration. 

* * * * * 

(a) * * * 

(2) * * * 

(iv) The applicant has falsely or 

improperly claimed that a data gap 

existed at the time of his/her 

application. 

[FR Doc. 2010–27906 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 450 

[EPA–HQ–OW–2010–0884; FRL–9222–3] 

Proposed Rule Staying Numeric 

Limitation for the Construction and 

Development Point Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to stay the 

numeric effluent limitation of 280 NTU 

and associated monitoring requirements 

for the Construction and Development 

Point Source Category. This action is 

necessary so that EPA can reconsider 

the record basis for calculating the 

numeric effluent limitation. EPA plans 

to take final action to recalculate the 

numeric effluent limitation by June 29, 

2011. EPA proposes to stay the 280 NTU 

limit and associated monitoring 

requirements until it takes final action 

to recalculate the numeric limitation. 

DATES: Comments must be received on 

or before December 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0884, by one of the following 

methods: 

• http://www.regulations.gov: This is 

EPA’s preferred approach, although you 

may use the alternatives presented 

below. Follow the on-line instructions 

for submitting comments. 

• E-mail: OW-Docket@epa.gov. 

• Mail: USEPA Docket Center, 

Environmental Protection Agency, 

Docket Number EPA–HQ–OW–2010– 

0884, Mailcode 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: USEPA Docket 

Center, Public Reading Room, 1301 

Constitution Ave., NW., Room 3334, 

EPA West Building, Washington, DC 

20004. 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 No. EPA–HQ–OW–2010– 

0884. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 http:// 

www.regulations.gov or e-mail. The 

http://www.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 http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

68306 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

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 http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the USEPA Docket Center, Public 

Reading Room, Room 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

2426. 

FOR FURTHER INFORMATION CONTACT: 

Janet Goodwin, USEPA Office of Water 

by phone at (202) 566–1060 or by e-mail 

at goodwin.janet@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Regulated Entities 

Entities potentially regulated by this 

action include: 

Category Examples of regulated entities 

North American industry classification 

system (NAICS) 

code 

Industry .................. Construction activities required to obtain 236 NPDES permit coverage and performing the following 

activities: Construction of buildings, including building, developing and general contracting. 

236 

Heavy and civil engineering construction, including land subdivision. 237 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding entities 

likely to be regulated by this action. 

This table lists the types of entities that 

EPA is now aware could potentially be 

regulated by this action. Other types of 

entities not listed in the table could also 

be regulated. To determine whether 

your facility is regulated by this action, 

you should carefully examine the 

applicability criteria in 40 CFR 450.10 

(74 FR 62995) and the definition of 

‘‘storm water discharges associated with 

industrial activity’’ and ‘‘storm water 

discharges associated with small 

construction activity’’ in existing EPA 

regulations at 40 CFR 122.26(b)(14)(x) 

and 122.26(b)(15), respectively. If you 

have questions regarding the 

applicability of this action to a 

particular site, consult the person listed 

for technical information in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

II. Discussion of Direct Final 

Rulemaking 

EPA is proposing to stay the 

provisions of 40 CFR 450.22(a) and (b) 

that contain the numeric limitation and 

associated monitoring requirements for 

the Construction and Development 

Point Source category. This stay is 

necessary to reconsider the record 

underlying the calculation of the 280 

NTU numeric limitation. After the 

numeric limitation was promulgated, 

and based on EPA’s examination of the 

dataset underlying the 280 NTU limit, 

EPA concluded that it improperly 

interpreted the data and, as a result, the 

calculations in the existing 

administrative record are no longer 

adequate to support the 280 NTU 

effluent limitation. EPA intends to 

expeditiously conduct a separate 

rulemaking to correct the numeric 

effluent limitation. Until the new 

rulemaking is effective, it is proposed 

that the stay will remain in place. EPA 

expects to complete a notice and 

comment rulemaking to correct the data 

error by May 30, 2011 so that the 

revised numeric limitation will be 

effective by June 29, 2011. An effective 

date of June 29, 2011 for the corrected 

numeric limit will enable EPA to 

incorporate the revised numeric limit 

and associated monitoring requirements 

in EPA’s Construction General Permit. 

In the ‘‘Rules and Regulations’’ section of 

today’s Federal Register, we are issuing 

this stay as a direct final rule without 

prior proposal because we view this stay 

as noncontroversial and anticipate no 

adverse comment. We have described 

the justification for the stay in the direct 

final rule. If EPA receives no adverse 

comment on either of these two actions, 

the Agency will not take further action 

on this proposed rule. If EPA receives 

adverse comment on either of these two 

actions, the Agency will publish a 

timely withdrawal of the direct final 

rule in the Federal Register. We would 

then address all public comments in a 

subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

For the various statutes and Executive 

Orders that require findings for each 

rulemaking, EPA incorporates the 

findings from the direct final 

rulemaking into this companion notice 

for the purpose of providing public 

notice and opportunity for comment. 

List of Subjects in 40 CFR Part 450 

Environmental protection, 

Construction industry, Land 

development, Erosion, Sediment, 

Stormwater, Water pollution control. 

Dated: November 1, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–28034 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2009–0669; FRL–8849–7] 

RIN 2070–AB27 

Modification of Significant New Uses 

of 2-Propen-1-one, 1-(4-morpholinyl)- 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend the significant new use rule 

(SNUR) for 2–Propen-1-one, 1-(4- 

morpholinyl)- (CAS No. 5117–12–4) to 

allow certain uses without requiring a 

significant new use notice (SNUN). EPA 

mstockstill on DSKH9S0YB1PROD with PROPOSALS