Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 43697 

may be found on the SAB Web site at 

http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

5 U.S.C., App. 2 (FACA), notice is 

hereby given that the SAB Committee 

on Science Integration for Decision 

Making will hold a public 

teleconference to complete its work plan 

for an evaluative study of EPA scientific 

assessment practices for decision 

making. The SAB was established 

pursuant to 42 U.S.C. 4365 to provide 

independent scientific and technical 

advice to the Administrator on the 

technical basis for Agency positions and 

regulations. The SAB is a Federal 

Advisory Committee chartered under 

FACA. The SAB will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

Background: The Committee for 

Science Integration for Decision Making 

met on June 9–10, 2009 in Washington, 

DC to begin its work on this study (see 

74 FR 23187). Additional information 

on the study and the meeting may be 

found on the SAB Web site at http:// 

yosemite.epa.gov/sab/sabproduct.nsf/ 

fedrgstr_activites/ 

Science%20Integration?OpenDocument. 

EPA uses many kinds of scientific 

assessments for policy analysis and 

decision making. In a study published 

in 2000, the SAB found that an 

integrated approach to scientific 

assessment and decision making was 

needed to effectively address new and 

complex environmental problems (see 

the SAB’s report, Toward Integrated 

Environmental Decision-Making on the 

SAB Web site at http://www.epa.gov/ 

sab). Previous studies by the National 

Research Council (NRC) also 

recommended improvements to EPA 

scientific assessment practices. In its 

2008 report, Science and Decisions: 

Advancing Risk Assessment (National 

Academies Press, Washington, DC), the 

NRC recommended improvements in 

EPA’s risk assessment processes to 

address the complexities of current 

problems and improve the utility of 

assessments in decision making. The 

SAB is undertaking a new study at the 

request of the EPA Administrator to 

evaluate the extent to which scientific 

assessment practices are integrated into 

and for EPA’s environmental decisionmaking processes. The study will build 

upon the findings of the previous SAB 

and NRC studies, and recommend 

actions that EPA could take to improve 

the integration of scientific assessments 

for decision making. The purpose of this 

teleconference is to complete the 

Committee’s study plan. 

Availability of Meeting Materials: The 

teleconference agenda and other 

material in support of this 

teleconference are posted on the SAB 

Web site at http://www.epa.gov/sab. 

Procedures for Providing Public 

Input: Interested members of the public 

may submit relevant written or oral 

information on the topic of this advisory 

activity, and/or the group conducting 

the activity, for the SAB to consider 

during the advisory process. 

Oral Statements: In general, 

individuals or groups requesting an oral 

presentation at a public teleconference 

will be limited to three minutes per 

speaker, with no more than a total of 

one hour for all speakers. Interested 

parties should contact Mr. Miller, DFO, 

in writing (preferably via e-mail) at the 

contact information noted above, by 

September 14, 2009 be placed on a list 

of public speakers for the meeting. 

Written Statements: Written statements 

should be received in the SAB Staff 

Office by September 14, 2009 so that the 

information may be made available to 

the SAB Panel members for their 

consideration. Written statements 

should be supplied to the DFO in the 

following formats: one hard copy with 

original signature, and one electronic 

copy via e-mail (acceptable file format: 

Adobe Acrobat PDF, WordPerfect, MS 

Word, MS PowerPoint, or Rich Text 

files in IBM–PC/Windows 98/2000/XP 

format). Submitters are requested to 

provide two versions of each document 

submitted with and without signatures, 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Mr. Miller at 

the phone number or e-mail address 

noted above, preferably at least ten days 

prior to the meeting to give EPA as 

much time as possible to process your 

request. 

Dated: August 20, 2009. 

Anthony F. Maciorowski, 

Deputy Director, EPA Science Advisory Board 

Staff Office. 

[FR Doc. E9–20738 Filed 8–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0162; FRL–8430–7] 

Pesticide Product Registration 

Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product NEXY 

containing an active ingredient not 

included in any previously registered 

products pursuant to the provisions of 

section 3(c)(5) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8920; e-mail address: 

kausch.jeannine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 

111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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–2008–0162. 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

43698 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

In accordance with section 3(c)(2) of 

FIFRA, a copy of the approved label, the 

list of data references, the data and other 

scientific information used to support 

registration, except for material 

specifically protected by section 10 of 

FIFRA, are also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A–101), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. Such requests should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

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. Did EPA Approve the Application? 

The Agency approved the application 

after considering all required data on 

risks associated with the proposed use 

of Candida oleophila Strain O, and 

information on social, economic, and 

environmental benefits to be derived 

from use. Specifically, the Agency has 

considered the nature of the chemical 

and its pattern of use, application 

methods and rates, and level and extent 

of potential exposure. Based on these 

reviews, the Agency was able to make 

basic health and safety determinations 

which show that Candida oleophila 

Strain O, when used in accordance with 

widespread and commonly recognized 

practice, will not generally cause 

unreasonable adverse effects to human 

health or the environment. 

III. Approved Application 

EPA issued a notice, published in the 

Federal Register of March 28, 2008 (73 

FR 16676) (FRL–8355–5), which 

announced that SynTech Global, LLC, 

P.O. Box 640, Hockessin, DE 19707 on 

behalf of BioNext sprl, Passage des 

de ́porte ́s, 2, B-5030 Gembloux, Belgium, 

had submitted an application to register 

the pesticide product, NEXY, 

biofungicide (EPA File Symbol 84863– 

R), containing Candida oleophila Strain 

O at 57%. This product was not 

previously registered. 

The Agency received one public 

comment in response to the March 28, 

2008 notice. A private citizen expressed 

opposition to Candida oleophila Strain 

O’s introduction into the United States 

in light of the ‘‘thousands of chemicals 

already out there’’ and implied a 

concern about the effects of ‘‘toxic 

chemicals’’ on human health or the 

environment. Pursuant to its authority 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), the Agency conducted a 

rigorous assessment of Candida 

oleophila Strain O, as described in Unit 

II, and concluded that it is not expected 

to cause any unreasonable adverse 

effects to human health or the 

environment. 

Further, Candida oleophila Strain O 

is not considered a conventional 

pesticide. Conventional pesticides 

generally consist of synthetic materials, 

may affect a broad spectrum of nontarget organisms, and may be inherently 

more toxic. Candida oleophila Strain O, 

however, is a naturally occurring yeast 

isolated from golden delicious apples 

and found on various food commodities, 

and has been classified as a microbial 

pesticide. Candida oleophila Strain O is 

intended for use as an antagonist to 

specifically control the fungal pathogens 

gray mold (Botrytis cinerea) and blue 

mold (Penicillium expansum), which 

cause post-harvest decay on apples and 

pears. The mode of action for Candida 

oleophila Strain O is primarily through 

competition for nutrients and precolonization of plant wound sites, and 

use of Candida oleophila Strain O may 

result in decreased conventional 

pesticide applications to apples pears 

after harvest. Additional information 

about Candida oleophila Strain O and 

the Agency’s assessment of this 

microbial active ingredient can be found 

in the Biopesticides Registration Action 

Document (BRAD) on the Biopesticides 

and Pollution Prevention Division 

(BPPD) website: http://www.epa.gov/ 

pesticides/biopesticides. 

The application was approved on 

June 1, 2009, as NEXY (EPA Registration 

Number 84863–1) for post-harvest 

control of gray mold (Botrytis cinerea) 

and blue mold (Penicillium expansum) 

on apples and pears. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: August 18, 2009. 

Sheryl K. Reilly, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–20717 Filed 8–26–09; 8:45 a.m.] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8950–5] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; 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 decree, to address a lawsuit 

filed by Sierra Club in the U.S. District 

Court for the Eastern District of 

Kentucky: Sierra Club v. Johnson, No. 

2:09–CV–00085–WOB (E. D. KY). On 

September 5, 2008, Sierra Club filed suit 

to compel the Administrator to issue or 

deny the CAA title V operating permit 

for the Hugh L. Spurlock Generating 

Station (Spurlock Station), operated by 

the East Kentucky Power Cooperative, 

Inc. Sierra Club later amended the 

complaint to include a claim to compel 

the Administrator to respond to a 

petition dated April 28, 2008, seeking 

EPA’s objection to a revised CAA title 

V operating permit issued by the 

Kentucky Division of Air Quality 

(KDAQ) for the Spurlock Station. Under 

the terms of the proposed consent 

decree, EPA has agreed to respond to 

the third claim contained in Sierra 

Club’s petition (regarding MACT 

determinations) by no later than 

September 21, 2009, and to respond to 

the remaining claims contained in the 

petition by no later than November 30, 

2009. The consent decree allows Sierra 

Club sixty (60) days following entry of 

the decree by the Court to file a motion 

for costs of litigation (including 

attorneys’ fees). 

DATES: Written comments on the 

proposed consent decree must be 

received by September 28, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0657, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

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