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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2006-0015; FRL-7758-3]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

EPA has received a quarantine exemption request from the Virginia Department of Agriculture and Consumer Service to use the pesticide potassium chloride (CAS No. 7447-40-7) to treat the Millbrook Quarry to control zebra mussels. The Applicant proposes the use of a new chemical which has not been registered by EPA. Due to the urgent nature of the emergency and the very narrow and extremely limited use being requested, EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with comments about this notice and treatment program.

# ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2006-0015, by one of the following methods:
      -  http://www.regulations.gov/​ . Follow the on-line instructions for submitting comments.                    
      -  E-mail :                          opp-docket@epa.gov .                    
      -  Mail : Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.                     

*Hand Delivery*: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2006-0015. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The                               ( print page 5324)                            telephone number for the docket facility is (703) 305-5805. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.                    

*Instructions*: Direct your comments to docket ID number EPA-HQ-OPP-2006-0015. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at                         *http://www.regulations.gov/​*, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be captured automatically and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at                         *http://www.epa.gov/​epahome/​docket.htm/​*.                    

*Docket*: All documents in the docket are listed in the regulation.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at                         *http://www.regulations.gov/​*                         or in hard copy at the Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the docket facility is (703) 305-5805.                    

# FOR FURTHER INFORMATION CONTACT:

                        Andrew Ertman, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-9367; fax number: (703) 308-5433; e-mail address:                         *Sec-18-Mailbox@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. What Should I Consider as I Prepare My Comments for EPA?

                    1.                     *Submitting CBI*. Do not submit this information to EPA through                     *www.regulations.gov*                     or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.                 

                    2.                     *Tips for preparing your comments*. When submitting comments, remember to:                

                    i. Identify the document by docket number and other identifying information (subject heading,                     **Federal Register**                     date and page number).                

ii. Follow directions. The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns, and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

## II. Background

### A. What Action is the Agency Taking?

Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the Administrator determines that emergency conditions exist which require the exemption. Virginia Department of Agriculture and Consumer Service has requested the Administrator to issue a quarantine exemption for the use of potassium chloride to treat the Millbrook Quarry to control zebra mussels. Information in accordance with 40 CFR part 166 was submitted as part of this request. 

                    As part of this request, the Applicant asserts that the zebra mussels need to be eradicated from the Millbrook Quarry while they are still contained and before they enter another local body of water. Zebra mussels are an invasive species and to date have caused billions of dollars of damage in the United States. The state contends that the zebra mussel could have significant adverse short-term and long-term ecological and economic impacts in Virginia. The quarry is separated from Broad Run by a 200 - 300 foot-wide berm. Lake Manassas (5                    1⁄2                     miles downstream from the quarry) serves as the primary water supply for the City of Manassas and a number of municipalities in the area. And downstream of Lake Manassas is the Occoquan Reservoir, which serves a                           ( print page 5325)                        larger water supply capacity (over 1 million people in Northern Virginia) and a number of power supply facilities that could be significantly affected if zebra mussels escape to infest the Occoquan watershed. Fairfax Water estimates that they would incur a $2 - $4 million capital outlay for chemical feed facilities and $500,000 - $850,000 per year for chemicals and system maintenance.                

The Applicant proposes to make 1 to 4 applications of a 12% liquid potassium stock solution mixed from muriate of potash. Two-hundred million gallons of water in the quarry will be treated with 128,000 kilograms of active ingredient (131,000 kg of dry muriate of potash).

This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 of FIFRA require publication of a notice of receipt of an application for a quarantine exemption proposing “use of a new chemical (i.e., an active ingredient) which has not been registered by the EPA.”

As noted above, the Agency is eliminating the comment period due to the urgent nature of emergency situation and the very narrow and extremely limited use being requested. Nonetheless, interested parties may still contact the Agency with comments about this notice and treatment program.

# List of Subjects

      - Environmental protection
      - Pesticides and pests

Dated: January 20, 2006.

Donald R. Stubbs,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 06-936 Filed 1-31-06; 8:45 am]

BILLING CODE 6560-50-S