[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Page 47583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22277]


-----------------------------------------------------------------------

ENVIROMENTAL PROTECTION AGENCY

[FRL-8957-4]


Notice of U.S. Environmental Protection Agency Region III's Use 
of Web Site to Provide Notice of Intent To Terminate Pesticide 
Producing Establishment Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Information Notice.

-----------------------------------------------------------------------

SUMMARY: EPA Region III is announcing that it will be using its Web 
site to provide public notice of its intent to terminate pesticide 
producing establishment registrations under section 7 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) in cases where it 
is unable to provide notice of its intent to terminate directly.

FOR FURTHER INFORMATION CONTACT: Kyla Townsend-McIntyre, Pesticides and 
Asbestos Programs Branch (3LC62), EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029; telephone (215) 814-2045; fax (215) 814-
3113; e-mail: <a href="/cdn-cgi/l/email-protection#85f1eaf2ebf6e0ebe1abeefce9e4c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="097d667e677a6c676d2762706568496c7968276e667f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 7 of FIFRA requires that all 
establishments that produce pesticides, active ingredients used in 
producing pesticides, or devices subject to FIFRA be registered with 
EPA, and that all such establishments submit annual pesticide 
production reports to EPA. EPA regulations at 40 CFR part 167 establish 
requirements concerning these annual pesticide production reports 
including the types of information to be included in annual pesticide 
production reports (40 CFR 167.85). The regulations require annual 
pesticide production reports to be submitted to the EPA Regional Office 
which serves the area where the establishment is located (40 CFR 
167.90). For establishments that are not found at the same location as 
their company headquarters, the regulations require the annual 
pesticide production reports to be submitted to the EPA Regional Office 
that has jurisdiction over the State in which the company headquarters 
is located (40 CFR 167.90). EPA's Region III office serves 
establishments or establishments with company headquarters located in 
Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the 
District of Columbia (40 CFR 1.7).
    The regulations state that establishment registrations are subject 
to termination if annual pesticide production reports are not submitted 
(40 CFR 167.20(f)). Upon deciding to terminate an establishment 
registration based on the failure to submit annual pesticide production 
reports, EPA Region III generally sends a notice of intent to terminate 
letter (NOIT) directly to the establishment registrant via certified 
mail with return receipt requested, or by other reliable delivery 
service that provides written verification of delivery. If the 
establishment registrant does not submit the missing pesticide 
production report(s) by the deadline set forth in the NOIT, EPA Region 
III will issue it a notice of termination letter (NOT).
    NOITs are generally mailed to the establishment registrant's last 
address of record. Occasionally, such notices are returned as 
undeliverable and, despite reasonable efforts to locate such 
registrants, EPA Region III is unable to directly notify them of its 
intent to terminate their establishment registrations. In the past, EPA 
used the Federal Register to provide public notice of its intent to 
terminate such registrations. EPA Region III will now be using its Web 
site to provide public notice of its intent to terminate such 
establishment registrations. The Web site address is: http://www.epa.gov/reg3wcmd/pesticides.htm.
    EPA Region III will continue to first attempt to provide NOITs 
directly to establishment registrants at their last address of record. 
In cases where such notices are returned as undeliverable, and when 
reasonable subsequent efforts to locate such parties are unsuccessful, 
EPA Region III will use its Web site to provide public notice of its 
intent to terminate such registrations. This notice addresses 
establishments or establishments with company headquarters located in 
Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the 
District of Columbia only.

    Dated: September 3, 2009.
Abraham Ferdas,
Director, Land and Chemicals Division, Region III.
[FR Doc. E9-22277 Filed 9-15-09; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>