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, 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 43699 

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: 

Kristi Smith, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–3068; fax number (202) 564–5603; 

e-mail address: smith.kristi@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

On August 30, 2008, pursuant to CAA 

section 505(b)(2), EPA issued an order 

objecting, in part, to the CAA title V 

operating permit issued by KDAQ for 

the Spurlock Station. On September 5, 

2008, Sierra Club filed suit to compel 

the Administrator to issue or deny the 

CAA title V operating permit for the 

Spurlock Station, arguing that the 

Administrator had a non-discretionary 

duty to issue or deny the permit under 

CAA section 505(c). Sierra Club also 

sought, in the alternative, an order 

declaring that the Administrator was 

unreasonably delayed in taking action to 

issue or deny the permit. Prior to filing 

that case, on April 28, 2008, Sierra Club 

had submitted a petition to the 

Administrator of the Environmental 

Protection Agency pursuant to CAA 

section 505(b)(2), requesting that she 

object to the issuance of a revised title 

V operating permit by KDAQ for the 

Spurlock Station. Sierra Club has 

amended its complaint in the pending 

lawsuit to include a claim to compel the 

Administrator to respond to that 

petition. 

Under the terms of the proposed 

consent decree, EPA shall grant or deny 

an objection based on the third claim in 

Sierra Club’s petition (regarding MACT 

determinations for mercury and other 

hazardous air pollutants) by no later 

than September 21, 2009, and shall 

grant or deny an objection based on the 

petition’s remaining claims 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). 

The consent decree becomes an order of 

the Court upon entry, and, consistent 

with the terms of the consent decree, the 

case shall be dismissed with prejudice 

after EPA has fulfilled its obligations 

and Sierra Club’s claims for litigation 

costs have been resolved. 

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 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 if the comments disclose 

facts or considerations that indicate 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 should be 

withdrawn, the terms of the decree will 

be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How Can I Get A Copy Of the 

Consent Decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2009–0657) contains a 

copy of the proposed consent decree. 

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 the 

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 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and To Whom Do I Submit 

Comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

Use of the http://www.regulations.gov 

Web site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail address is automatically 

captured and included as part of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

43700 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: August 21, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–20731 Filed 8–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0619; FRL–8432–4] 

Notice of Receipt of Requests for 

Amendments to Delete Uses in Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of request for 

amendments by registrants to delete 

uses in certain pesticide registrations. 

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 amended to delete one 

or more uses. FIFRA further provides 

that, before acting on the request, EPA 

must publish a notice of receipt of any 

request in the Federal Register. 

DATES: The deletions are effective by 

February 23, 2010 or September 28, 

2009 for registrations for which the 

registrant requested a waiver of the 180– 

day comment period. The Agency will 

consider withdrawal requests 

postmarked no later than February 23, 

2010 or September 28, 2009, whichever 

is applicable. Comments must be 

received on or before February 23, 2010 

or September 28, 2009, for those 

registrations where the 180–day 

comment period has been waived. 

Users of these products who desire 

continued use on crops or sites being 

deleted should contact the applicable 

registrant on or before February 23, 2010 

or September 28, 2009 for registrations 

for which the registrant requested a 

waiver of the 180–day comment period. 

ADDRESSES: Submit your withdrawal 

request, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2009–0619, by one of the 

following methods: 

• Federal eRulemaking Portal: http// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: John 

Jamula, Information Technology and 

Resources Management Division 

(7502P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6426; e-mail address: 

jamula.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. Although this action may be 

of particular interest to persons who 

produce or use pesticides, 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 information in this notice, 

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 ID 

number EPA–HQ–OPP–2009–0619. 

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 receipt by the 

Agency of applications from registrants 

to delete uses in certain pesticide 

registrations. These registrations are 

listed in Table 1 of this unit by 

registration number, product name, 

active ingredient, and specific uses 

deleted: 

TABLE 1.—REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDES

EPA Reg. No. Product Name Active Ingredient Delete From Label 

001001–00077 Protect DF Mancozeb Athletic Fields, Residential Lawns 

and Turf, and Pachysandra 

009198–00196 Fertilizer with TGR Poa Annua 

Control 

Paclobutrazol Home/Residential Lawns 

009198–00199 TGR Winter overseeding 

Enhancer 

Paclobutrazol Home/Residential Lawns 

009198–00205 Anderson’s Golf Products Turf 

Enhancer 2SC 

Paclobutrazol Home/Residential Lawns 

009198–00215 The Anderson’s Fertilizer with 

0.25% Paclobutrazol 

Paclobutrazol Home/Residential Lawns 

mstockstill on DSKH9S0YB1PROD with NOTICES