Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 40589 

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–2007–0540. 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 of all end-use and 

manufacturing-use bromonitrostyrene 

products registered under section 3 of 

FIFRA. These registrations are listed in 

sequence by registration number in 

Table 1 of this unit. 

TABLE 1.—BROMONITROSTYRENE

PRODUCT CANCELLATIONS

Registration No. Product Name 

464–683 Giv-Gard BNS 25% AF 

464–684 Bioban BNS 25% BA 

Industrial Preservative 

464–686 Canguard 777 Industrial Preservative 

74655-5 Spectrum RX-41 

74655-8 Spectrum RX -45 

74655-13 Spectrum RX -52 

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 BROMONITROSTYRENE

PRODUCTS

EPA Company 

No. 

Company Name and 

Address 

464 The Dow Chemical 

Company 

1500 E. Lake Cook 

Road 

Buffalo Grove, IL 

60089 

74655 Hercules Incorporated 

Paper Technology 

and Ventures 

7910 Baymeadows 

Way 

Jacksonville, FL 32256 

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 August 27, 2008 Federal 

Register notice (73 FR 50614; FRL 

8378–4) announcing the Agency’s 

receipt of the requests for voluntary 

cancellation of all Bromonitrostyrene 

products. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations of Bromonitrostyrene 

registrations identified in Table 1 of 

Unit II. Accordingly, the Agency orders 

that the Bromonitrostyrene product 

registrations identified in Table 1 of 

Unit II. are hereby cancelled. 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. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Bromonitrostyrene, 

Antimicrobials. 

Dated: July 20, 2009. 

Joan Harrigan Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. E9–19312 Filed 8–11–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ FRL–8944–2 ] 

Proposed CERCLA Administrative 

Settlement; Circle DE Lumber Site, 

Klamath Falls, OR 

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 the 

recovery of past response costs incurred 

at the Circle DE Lumber Site in Klamath 

Falls, Oregon with settling parties: Mr. 

and Mrs. Daniel G. and V. Elouise 

Brown and associated entities including 

the Circle DE Lumber Company, Francis 

D. Brown and Son Logging, Inc., and the 

Daniel G. Brown Trust U.T.A.D. and 

Elouise Brown Trust U.T.A.D. The 

settlement requires the settling parties 

to implement institutional controls in 

the form of proprietary restrictions 

placed on the Circle DE Lumber Site, 

and to execute an Environmental Trust 

Agreement that assigns the rights under 

certain insurance policies issued to the 

settling parties to an environmental 

trust established for the benefit of the 

Agency. The settlement includes a 

covenant not to sue or take 

administrative action against the settling 

parties pursuant to Sections 106 or 

107(a) of CERCLA, 42 U.S.C. 9606 or 

9607(a). For thirty (30) days following 


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40590 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 

the date of publication of this notice, the 

Agency will receive written comments 

relating to the settlement. The Agency 

will consider all comments received 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 September 11, 2009. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

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 Circle 

DE Lumber Site in Klamath Falls, 

Oregon, EPA Docket No. CERCLA–10– 

2009–0211 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 Circle 

DE Lumber Site is located in Klamath 

Falls, Oregon (Site). Wood treating 

operations were conducted at the Site 

using a dip tank containing 

pentachlorophenol. These operations 

and others resulted in the release of 

hazardous substances including, but not 

limited to, pentachlorophenol, dioxin, 

diesel, poly aromatic hydrocarbons, 

total petroleum hydrocarbons, and 

metals. These hazardous substances 

were detected in soil and groundwater 

at the Site. The Agency conducted a 

time-critical removal action at the Site 

in February 2006 that involved 

removing the dip tank and associated 

structures, excavation and disposal of 

437 cubic yards of contaminated soil, 

and the installation of monitoring wells 

to determine the extent of groundwater 

contamination. The Agency incurred 

approximately $605,834 in response 

costs at the Site. 

The Site is currently owned by Mr. 

and Mrs. Daniel G. and V. Elouise 

Brown. Mr. Brown operated the Site as 

a lumber mill between 1975 and 2000 

and currently leases the Site as a staging 

area for equipment. The entities 

associated with Mr. Brown’s Site 

operations include the Circle DE 

Lumber Company and Francis D. Brown 

& Son Logging, Inc. The Agency 

determined that settling parties have 

limited financial ability to pay the 

response costs incurred at the Site. 

Therefore, the Agency is proposing to 

enter into an administrative settlement 

that would require the settling parties to 

record an easement and equitable 

servitude as an institutional control for 

the Site, and to execute an agreement 

assigning the rights under certain 

insurance policies issued to the settling 

parties to an Environmental Trust 

established for the benefit of the 

Agency. The proposed settlement will 

release the settling parties from liability 

for past response costs incurred by the 

Agency subject to certain reserved 

rights. 

Dated: August 3, 2009. 

Daniel D. Opalski, 

Director, Office of Environmental Cleanup. 

[FR Doc. E9–19304 Filed 8–11–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8937–5] 

Tentative Approval and Solicitation of 

Request for a Public Hearing for Public 

Water System Supervision Program 

Revision for the Commonwealth of 

Puerto Rico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Commonwealth of Puerto Rico is 

revising its approved Public Water 

System Supervision Program to adopt 

EPA’s National Primary Drinking Water 

Regulations for Lead and Copper: Short 

Term Regulatory Revisions and 

Clarifications; Final Rule. The EPA has 

determined that these revisions are no 

less stringent than the corresponding 

Federal regulations. Therefore, the EPA 

intends to approve these program 

revisions. All interested parties may 

request a public hearing. 

DATES: This determination to approve 

Puerto Rico’s primacy program revision 

application is made pursuant to 40 CFR 

142.12(d)(3). It shall become final and 

effective unless (1) a timely and 

appropriate request for a public hearing 

is received or (2) the Regional 

Administrator elects to hold a public 

hearing on his own motion. Any 

interested person, other than Federal 

Agencies, may request a public hearing. 

A request for a public hearing must be 

submitted to the Regional Administrator 

at the address shown below September 

11, 2009. If a substantial request for a 

public hearing is made within the 

requested thirty day time frame, a 

public hearing will be held and a notice 

will be given in the Federal Register 

and a newspaper of general circulation. 

Frivolous or insubstantial requests for a 

hearing may be denied by the Regional 

Administrator. If no timely and 

appropriate request for a hearing is 

received and the Regional Administrator 

does not elect to hold a hearing on his 

own motion, this determination shall 

become final and effective September 

11, 2009. 

ADDRESSES: Any request for a public 

hearing shall include the following 

information: (1) Name, address and 

telephone number of the individual, 

organization or other entity requesting a 

hearing; (2) a brief statement of the 

requesting person’s interest in the 

Regional Administrator’s determination 

and a brief statement on information 

that the requesting person intends to 

submit at such hearing; (3) the signature 

of the individual making the requests or, 

if the request is made on behalf of an 

organization or other entity, the 

signature of a responsible official of the 

organization or other entity. Requests 

for Public Hearing shall be addressed to: 

Regional Administrator, U.S. 

Environmental Protection Agency— 

Region 2, 290 Broadway, New York, 

New York 10007–1866. 

All documents relating to this 

determination are available for 

inspection between the hours of 9 a.m. 

and 4:30 p.m., Monday through Friday, 

at the following offices: 

Puerto Rico Department of Health, 

Public Water Supply Supervision 

Program, 9th Floor—Suite 903, 

Nacional Plaza Building, 431 Ponce 

De Leon Avenue, Hato Rey, Puerto 

Rico 00917. 

U.S. Environmental Protection 

Agency—Region 2, 24th Floor 

Drinking Water Ground Water 

Protection Section, 290 Broadway, 

New York, New York 10007–1866. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Lowy, Drinking Water 

Ground Water Protection Section, U.S. 

Environmental Protection Agency— 

Region 2, (212) 637–3830. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the United States 

Environmental Protection Agency (EPA) 

has determined to approve an 

application by the Commonwealth of 

Puerto Rico Department of Health to 


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