Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38013 

merit its further review of these 

requests, or unless the registrant 

withdrew their requests within this 

period. The Agency did not receive any 

comments on the notice. Further, the 

registrant did not withdraw their 

requests. Accordingly, EPA hereby 

issues in this notice a cancellation order 

granting the requested cancellations. 

Any distribution, sale, or use of the 

triclosan products subject to this 

cancellation order is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions. 

DATES: The cancellations are effective 

July 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Heather Garvie, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308-0034; fax number: (703) 305- 

5620; e-mail address: 

garvie.heather@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, 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 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 a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0513. 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 Office of 

Pesticide Programs (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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. What Action is the Agency Taking? 

This notice announces the 

cancellation, as requested by registrants, 

of certain manufacturing-use triclosan 

products registered under section 3 of 

FIFRA. These registrations are listed in 

sequence by registration number in 

Table 1 of this unit. 

TABLE 1.—TRICLOSAN PRODUCT

CANCELLATIONS

EPA Registration 

Number Product Name 

70404-2 Irgasan DP300R 

70404-5 Irgaguard B1000 

Table 2 of this unit includes the 

names and addresses of record for all 

registrants of the products in Table 1 of 

this unit, in sequence by EPA company 

number. 

TABLE 2.—REGISTRANTS OF

CANCELLED TRICLOSAN PRODUCTS

EPA Company Number Company Name and 

Address 

70404 Ciba Corporation 

4090 Premier Drive 

High Point, NC 

27265 

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 April 22, 2009 Federal 

Register notice (74 FR 18378; FRL– 

8410–6) announcing the Agency’s 

receipt of the requests for voluntary 

cancellations of triclosan. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations of triclosan registrations 

identified in Table 1 of Unit II. 

Accordingly, the Agency orders that the 

triclosan product registrations identified 

in Table 1 of Unit II. are hereby 

canceled. Any distribution, sale, or use 

of existing stocks of the products 

identified in Table 1 of Unit II. 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 

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 cancellation order issued in this 

notice includes the following existing 

stocks provisions. Registrants may sell 

and distribute existing stocks for one 

year from the date of the cancellation 

request. The products may be sold, 

distributed, and used by people other 

than the registrant until existing stocks 

have been exhausted, provided that 

such sale, distribution, and use 

complies with the EPA-approved label 

and labeling of the product. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Triclosan, Antimicrobials. 

Dated: July 17, 2009. 

Joan Harrigan Farrelly 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. E9–18196 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2009–0180; FRL–8426–1] 

Product Stewardship Program for Six 

Siloxanes Conducted Under a 

Memorandum of Understanding (MOU) 

Signed by EPA and The Dow Corning 

Corporation; Notice of Receipt and 

Availability of the MOU Data 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

receipt of toxicity and exposure data 

and information that were developed 

through a Product Stewardship Program 

(PSP) agreed upon under a 


erowe on DSK5CLS3C1PROD with NOTICES
38014 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

Memorandum of Understanding (MOU) 

signed by EPA and Dow Corning 

Corporation. The MOU covered six 

siloxanes deemed representative of a 

broad class of siloxanes that have 

widespread use in a variety of industrial 

and consumer applications. A docket 

has been established to make data and 

information developed through this 

MOU available to the public. 

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) 564–8182; e-mail address: 

lintner.colby@epa.gov. 

For technical information contact: 

Robert Jones, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number (202) 564–8161; e-mail address: 

jones.robert@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 particular 

interest to those persons who are or may 

be interested in the information 

developed on the six siloxane chemicals 

subject to the PSP MOU. If you have any 

questions regarding the completion of 

the MOU or the availability of the 

information from this effort, 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 a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2009–0180. 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., Confidential Business Information 

(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 

electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Background 

The 30th Report of the TSCA 

Interagency Testing Committee (ITC) to 

the EPA Administrator recommended 

56 silicone chemicals for health effects 

testing to meet data needs expressed by 

the U.S. Food and Drug Administration 

(57 FR 30608, July 9, 1992). The six 

siloxanes covered by this MOU between 

EPA and the Dow Corning Corporation 

are included among the 56 silicone 

chemicals recommended by the ITC in 

its 30th Report to EPA. In response to 

that ITC recommendation, EPA issued a 

final TSCA section 8(d) information 

reporting rule (58 FR 28511, May 14, 

1993) requiring manufacturers, 

importers, and processors of the 56 

silicone chemicals to submit to EPA 

unpublished health and safety data on 

those chemicals; information 

concerning the uses of and exposure to 

the chemicals was submitted voluntarily 

by industry directly to the ITC. On 

review of the TSCA section 8(d) 

information materials received, the ITC 

considered the need for formal 

designations for testing under section 4 

of TSCA. EPA issued a notice titled 

Testing Consent Agreement; 

Development for 

Octamethylcyclotetrasiloxane (OMCTS); 

Solicitation of Interested Parties (53 FR 

11341, April 6, 1988) and a final rule 

titled Testing Consent Order for 

Octamethylcyclotetrasiloxane (54 FR 

818, January 10, 1989) docket number 

OPTS–42071B. 

These actions lead to the more 

broadly based discussion of an 

appropriate PSP based on the 

Responsible Care principles developed 

by the Chemical Manufacturers 

Association—now the American 

Chemistry Council. Dow Corning 

Corporation agreed to develop a specific 

PSP for six siloxane chemicals 

including: Octamethylcyclotetrasiloxane 

(D4) CAS No. 556–67–2; 

decamethylcyclopentasiloxane (D5) 

CAS No. 541–02–6; 

dodecamethylcyclohexasiloxane (D6) 

CAS No. 540–97–6; 

hexamethyldisiloxane (HMDS) CAS No. 

107–46–0; polydimethylsiloxane (PDMS 

10 cst) CAS No. 63148–62–9; and 

polydimethylsiloxane (PDMS 350 cst) 

CAS No. 63148–62–9. These were 

selected because they are representative 

of the broad class of siloxane materials 

that have widespread use in industrial 

and consumer applications. Dow 

Corning Corporation and EPA signed 

the formal PSP MOU on April 9, 1996. 

The MOU was initiated in 1996 with a 

baseline report, and a Project Plan for 

assessing exposure. The MOU was 

monitored through annual progress 

reports and regular scientific briefings 

with EPA. 

This notice acknowledges that work 

agreed upon in the MOU has been 

received and announces that the data 

and information produced under the 

MOU is available in the public docket 

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

number EPA–HQ–OPPT–2009–0180. 

Materials include annual progress 

reports, over 88 reports assessing 

potential toxicity and exposures 

concerning the six siloxanes, and 

related TSCA section 8(e) notices and 

FYI submissions. The MOU and a 

baseline report describe the PSP based 

on ‘‘Implementing Product Stewardship: 

a Resource Guide,’’ Chemical 

Manufacturers Association (CMA), 

1992. The program included a 

description of the PSP goals, plans for 

communicating health and safety 

information, toxicity testing, exposure 

assessment and monitoring, identifying 

any additional data needs for risk 

assessment, development and 

implementation of pollution prevention, 

waste minimization, and exposure 

reduction plans, and exercising its 

environmental responsibility through 

design of processes, products, 

packaging, etc. to minimize the 

consumption of natural resources and 

energy and eliminate, where feasible, 

generation of waste materials and 

releases to the environment. 

List of Subjects 

Environmental protection, Hazardous 

chemicals, Siloxanes. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38015 

Dated: July 21, 2009. 

Jim Willis, 

Director, Chemical Control Division, Office 

of Prevention, Pesticides and Toxic 

Substances. 

[FR Doc. E9–18195 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8937–3] 

Proposed Consent Decree and 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree and proposed settlement 

agreement; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent degree and proposed settlement 

agreement to address a lawsuit filed by 

the Business Coalition for Clean Air 

(BCCA) Appeal Group, Texas 

Association of Business, and Texas Oil 

and Gas Association in the United 

States District Court for the Northern 

District of Texas, Dallas Division in 

BCCA Appeal Group, et al. v. EPA, No. 

3–08CV1491–G (N.D. Tex.). Plaintiffs 

filed a complaint in this action on 

August 25, 2008, which alleges that EPA 

has failed to perform nondiscretionary 

duties pursuant to section 110(k)(1)(B) 

and (k)(2) of the Federal CAA, 42 U.S.C. 

7410(k)(1)(B) and (k)(2), to take final 

action on numerous Texas State 

Implementation Plan (‘‘SIP’’) air quality 

revisions by the statutory deadline. The 

SIP revisions are related to Texas New 

Source Review (NSR) air permitting and 

banking and trading rules. The proposed 

consent decree and proposed settlement 

agreement, if finalized, will collectively 

resolve plaintiffs’ claims in this matter. 

A schedule for acting on the SIP 

revisions is attached to the proposed 

consent decree and proposed settlement 

agreement. 

DATES: Written comments on the 

proposed consent decree and proposed 

settlement agreement must be received 

by August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0560, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Victoria L. Johnson, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, Region 6 (6RC–M), 1445 Ross 

Ave., Dallas, TX 75202–2733; telephone: 

(214) 665–7569; fax number (214) 665– 

2182; e-mail address: 

johnson.victoria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree and Proposed 

Settlement Agreement 

The proposed consent decree and 

proposed settlement agreement resolve a 

lawsuit filed by BCCA seeking to 

compel action by the EPA under section 

110(k) of the CAA on identified SIP 

revisions submitted by the Texas 

Commission on Environmental Quality 

(TCEQ). The SIP revisions involve Texas 

NSR air permitting and banking and 

trading rules. The proposed consent 

decree and proposed settlement 

agreement provide that EPA shall sign 

for publication in the Federal Register 

a notice of final rulemaking to approve 

or disapprove, in whole or in part, the 

SIP revisions identified by the deadline 

specified in the Exhibit attached to each 

document and to deliver the notice 

promptly to the Office of the Federal 

Register. If EPA has discharged its 

obligations under the consent decree, 

the case will be dismissed with 

prejudice. Plaintiffs have agreed to stay 

this case in its entirety pending 

completion of, and subject to the terms 

of, the consent decree and settlement 

agreement. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

consent decree and proposed settlement 

agreement from persons who were not 

named as parties or intervenors to the 

litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree and proposed settlement 

agreement if comments disclose facts or 

circumstances indicating that such 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Act. Unless EPA or 

the Department of Justice determines, 

based on any comment which may be 

submitted, that consent to the consent 

decree and settlement agreement should 

be withdrawn, the terms of the decree 

and agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree and Proposed Settlement 

Agreement 

A. How Can I Get A Copy of the 

Proposed Consent Decree and Proposed 

Settlement Agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2009–0560) contains a 

copy of the proposed consent decree 

and proposed settlement agreement. The 

official public docket is available for 

public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center 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 OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use 

http://www.regulations.gov 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. Once in the 

system, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 


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