51602 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

II. What Action is the Agency Taking? 

EPA is providing an opportunity for 

public comment on a petition received 

from the World Wildlife Fund (WWF) 

that asks the Agency to suspend the 

registration of Rozol Prairie Dog Bait 

(EPA Reg. No. 7173–286) and cancel 

certain application sites for the product. 

This product is currently registered for 

use to control black-tailed prairie dogs 

and its active ingredient is the 

anticoagulant rodenticide 

chlorophacinone. 

The primary basis for the petition is 

the potential effect of this product on 

non-target species, including certain 

predators and scavengers of the blacktailed prairie dog. Specifically, the 

petition contends that the poisoning 

risks to non-target species from the use 

of this product are unjustified, given the 

availability of alternative products to 

control black-tailed prairie dogs. 

Petitioners request EPA to require the 

completion of an Avian Reproduction 

Study before further product use to 

control black-tailed prairie dogs is 

permitted. The petition also asks EPA to 

initiate formal consultation, under 

section 7 of the Endangered Species Act, 

with the U.S. Fish and Wildlife Service 

(FWS) regarding the registration of this 

product. Third, it requests that EPA 

develop a memorandum of 

understanding with FWS to show how 

EPA will promote the conservation of 

birds protected under the Migratory 

Bird Treaty Act. Petitioners ask that 

EPA suspend the use of Rozol Prairie 

Dog Bait while these activities are 

ongoing and also request that the 

application of the product be prohibited 

in those counties where black-footed 

ferrets are present. 

As additional background, EPA is 

providing a recent letters from FWS and 

other interested parties expressing 

similar concerns about the potential 

impact of Rozol Prairie Dog Bait on nontarget wildlife protected under the 

Endangered Species Act and the 

Migratory Bird Treaty Act (available in 

the public docket accompanying this 

notice at EPA–HQ–OPP–2009–0684). 

EPA regulates non-food use 

pesticides, such as Rozol Prairie Dog 

Bait, under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). Under FIFRA, EPA registers a 

pesticide if it determines that the use of 

the pesticide will not cause 

‘‘unreasonable adverse effects’’ to 

human health or the environment. This 

standard involves risk-benefit balancing 

when risks exist above EPA’s level of 

concern. Both registration decision 

under section 3 of FIFRA and 

cancellation decisions under section 6 

of FIFRA depend on the outcome of 

adverse effects determinations. If this 

adverse effects standard is not satisfied, 

EPA may not register the pesticide and 

existing pesticides are subject to 

cancelation. See FIFRA sections 3(c)(5) 

and 6(b). 

If EPA issues a notice of intent to 

cancel a pesticide registration and 

further determines that a suspension of 

the registration prior to the completion 

of the ensuing cancellation proceedings 

is necessary to prevent an imminent 

hazard, EPA may take steps to suspend 

the registration during the pendency of 

cancellation proceedings, as described 

in section 6(c) of FIFRA. FIFRA defines 

an ‘‘imminent hazard’’ as a situation in 

which the continued use of a pesticide, 

during the time required for a 

cancellation hearing, would likely cause 

unreasonable adverse effects or will 

involve an unreasonable hazard to the 

survival of a species listed as threatened 

or endangered pursuant to the 

Endangered Species Act. 

WWF’s petition requests both 

suspension of the registration for Rozol 

Prairie Dog Bait and cancellation of 

certain application sites for the product. 

EPA therefore anticipates that its 

response to the petition will address its 

risk-benefit analysis for this pesticide. 

EPA conducted such an analysis at the 

time it registered Rozol Prairie Dog Bait 

under section 3 of FIFRA. For this 

notice, EPA has compiled a list of topics 

relevant to EPA’s risk-benefit balancing 

decision for Rozol Prairie Dog Bait 

(available in the public docket 

accompanying this topic at EPA–HQ– 

OPP–2009–0684). EPA is providing an 

opportunity for public comment and the 

submission of additional information 

pertinent to these topics (if any is 

available), as such information would 

further assist the Agency in responding 

to the petition. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 24, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

[FR Doc. E9–23932 Filed 10–6–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8967–3] 

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 

(‘‘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 United States District 

Court for the District of Columbia: 

Sierra Club v. Jackson, No. 1:09–cv– 

01028–CKK (D.D.C). Plaintiff filed a 

deadline suit to compel the 

Administrator to respond to an 

administrative petition seeking EPA’s 

objection to a CAA Title V operating 

permit issued by the Kentucky 

Department for Environmental 

Protection, Division for Air Quality to 

the East Kentucky Power Cooperative 

William C. Dale Power Station. Under 

the terms of the proposed consent 

decree, EPA has agreed to respond to 

the petition by December 15, 2009. 

DATES: Written comments on the 

proposed consent decree must be 

received by November 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0763, 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, 

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: 

Mark Kataoka, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5584; fax number: (202) 564–5603; 

e-mail address: kataoka.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the 

Kentucky Department for 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51603 

Environmental Protection, Division for 

Air Quality to the East Kentucky Power 

Cooperative William C. Dale Power 

Station. Under the terms of the 

proposed consent decree, EPA has 

agreed to respond to the petition by 

December 15, 2009. In addition, the 

proposed consent decree states that after 

EPA fulfills its obligations under the 

decree, and the Plaintiff’s claims for 

costs of litigation have been resolved, 

the case shall be dismissed with 

prejudice. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept 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 

submitted, that consent to this 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–2009–0763) 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, key in the appropriate docket 

identification number then select 

‘‘search’’. 

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 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: September 29, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–24183 Filed 10–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8967–4] 

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 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by 

Environmental Integrity Project and 

Sierra Club (collectively ‘‘Plaintiffs’’) in 

the United States District Court for the 

District of Columbia: Environmental 

Integrity Project, et al. v. Jackson, No. 

1:09–cv–01025–EGS (D.D.C). On June 2, 

2009, Plaintiffs filed a deadline suit to 

compel the Administrator to respond to 

an administrative petition seeking EPA’s 

objection to a CAA Title V operating 

permit issued by the Arkansas 

Department of Environmental Quality to 

Southwestern Electric Power Company 

(a unit of American Electric Power) for 

the operation of the John W. Turk, Jr. 

Power Plant. Under the terms of the 

proposed consent decree, EPA has 

agreed to respond to the petition by 

December 15, 2009. 

DATES: Written comments on the 

proposed consent decree must be 

received by November 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0756, 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, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 


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