5584 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0206; FRL–8806–6] 

Fipronil; Product Cancellation Order 

and Amendment to Terminate Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

cancellation order and amendment to 

terminate uses of products containing 

the pesticide fipronil, pursuant to 

section 3 of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. This cancellation 

order follows the November 15, 2009 

expirations of conditional registrations 

and in one case expiration of a use. 

These are not the last fipronil products 

registered for use in the United States. 

Any distribution, sale, or use of the 

fipronil products subject to this 

cancellation order is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions. 

DATES: The expirations occurred on 

November 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Gebken, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6701; fax number: (703) 305– 

6920; e-mail address: 

gebken.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may be interested, 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 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? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2005–0206. 

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. 

II. What Action is the Agency Taking? 

This notice announces the expiration 

of certain corn-in-furrow and turfgrass 

end-use fipronil products registered 

under section 3 of FIFRA. This notice 

also announces the amendment to 

terminate uses of all corn-in-furrow enduse fipronil products registered under 

section 3 of FIFRA, and this notice 

serves as a cancellation order to provide 

for existing stocks of affected products. 

These registrations are listed in 

sequence by registration number in 

Tables 1 and 2 of this unit. 

TABLE 1.—FIPRONIL PRODUCT

CANCELLATIONS

EPA Registration Number Product Name 

7969-206 Regent 1.5G 

7969-208 Regent 80WG 

7969-212 H&G 61748 / ‘‘Over n 

Out’’432-1451 BES 

1000 Insecticide 

TABLE 2.—FIPRONIL PRODUCT REGISTRATION AMENDMENT TO TERMINATE USES

EPA Registration Number Product Name 

7969-207 Regent 4SC 

Table 3 of this unit includes the 

names and addresses of record for all 

registrants of the products in Tables 1 

and 2 of this unit, in sequence by EPA 

company number. 

TABLE 3.—REGISTRANTS OF CANCELLED AND/OR AMENDED FIPRONIL

PRODUCTS

EPA Company 

Number 

Company Name and Address 

432 Bayer Environmental 

Science2 T. W. Alexander Drive Research 

Triangle Park, NC 

27709 

7969 BASF Corporation P.O. 

Box 1352826 Davis 

Drive Research Triangle Park, NC 27709 

III. Cancellation Order 

Pursuant to FIFRA section 3, EPA 

hereby announces the expirations, of 

fipronil registrations identified in Table 

1 of Unit II and expiration of the cornin-furrow use for the registration in 

Table 2 of Unit II. The Agency considers 

the expiration of a time limited 

registration to be a cancellation under 

section 3 of FIFRA, for purposes of 

section 6(a)(1) of FIFRA. Any 

distribution, sale, or use of existing 

stocks of the cancelled products or 

terminated uses identified in Tables 1 

and 2 of Unit II in a manner inconsistent 

with any of the Provisions for 

Disposition of Existing Stocks set forth 

in Unit IV will be considered a violation 

of FIFRA. 

IV. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

The cancellation order issued in this 

notice includes the following existing 

stocks provisions. 

1. The registrant may continue to sell 

or distribute existing stocks of fipronil 

products identified in Tables 1 and 2 of 

Unit II with previously approved 

labeling until May 15, 2011. 

2. Persons other than the registrant 

may continue to sell or distribute 

existing stocks of fipronil products 

identified in Tables 1 and 2 of Unit II 

with previously approved labeling until 

such stocks are exhausted. 

3. Persons other than the registrant 

may use existing stocks of fipronil 

products identified in Tables 1 and 2 of 

Unit II until existing stocks are 

exhausted. Any use of existing stocks 

must be in a manner consistent with the 

previously approved labeling for that 

product. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 5585 

List of Subjects 

Environmental protection, Pesticides 

and pests, Cancellation order. 

Dated: January 19, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Program. 

[FR Doc. 2010–2147 Filed 2–2–10; 8:45 a.m.] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9108–9] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American 

Requirement) of the American 

Recovery and Reinvestment Act of 

2009 (ARRA) to the Albany County 

Sewer District (ACSD), NY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 2 is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Albany County Sewer District 

(ACSD), New York for the purchase of 

a foreign manufactured Organic Rankine 

Cycle (ORC) turbine generator to recover 

waste heat from the sludge incineration 

operation at the ACSD’s North Plant 

wastewater treatment plant (WWTP), 

and to produce electrical power for onsite consumption. The ACSD, through 

its consultant engineers, has indicated 

that no United States manufacturer 

produces an alternative that meets the 

ACSD’s technical specifications; 

specifically, no ORC turbine generator 

manufactured in the United States is of 

adequate capacity to meet the electrical 

power output specifications for the 

proposed WWTP waste heat recovery 

and on-site electricity generation 

project. The foreign ORC turbine 

generators under consideration are 

manufactured by (1) Turboden, in Italy, 

(2) Ormat Technologies, Inc, in Israel, 

and (3) Adoratec, in Germany. This is a 

project specific waiver and only applies 

to the use of the identified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on the 

project specific circumstances. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Region 2 State 

Revolving Fund Program Team. The 

ACSD has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

Office of Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the ACSD to purchase an ORC 

turbine generator manufactured by (1) 

Turboden (Italy), (2) Ormat 

Technologies, Inc. (Israel) or (3) 

Adoratec (Germany) for the proposed 

WWTP waste heat recovery and on-site 

electricity generation project being 

implemented by the ACSD. 

DATES: Effective Date: January 19, 2010. 

FOR FURTHER INFORMATION CONTACT: Jane 

Leu, Environmental Engineer, (212) 

637–3815, State Revolving Fund 

Program Team, Division of 

Environmental Planning and Protection, 

U.S. EPA, 290 Broadway, New York, NY 

10007. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and pursuant to Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, the EPA hereby provides 

notice that it is granting a project waiver 

to the Albany County Sewer District 

(ACSD), New York, for the acquisition 

of an Organic Rankine Cycle (ORC) 

turbine generator manufactured by any 

of the following foreign manufacturers: 

Turboden (Italy), Ormat Technologies, 

Inc. (Israel), or Adoratec (Germany) to 

meet the ACSD’s technical design 

specifications for its proposed North 

Plant wastewater treatment plant 

(WWTP) waste heat recovery and on-site 

electricity generation project. 

Section 1605 of the ARRA requires 

that none of the appropriated funds may 

be used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States, unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that (1) Applying these 

requirements would be inconsistent 

with the public interest; (2) iron, steel, 

and the relevant manufactured goods 

are not produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) inclusion of iron, steel, and the 

relevant manufactured goods produced 

in the United States will increase the 

cost of the overall project by more than 

25 percent. 

The ACSD proposes to modify its 

North Plant WWTP, which has been in 

operation since 1974, to provide 

additional energy savings through the 

installation of a Combined Heat and 

Power (CHP) system. The proposed 

project and design involves the capture 

of waste heat from the solids handling 

process and a system that ducts the 

exhaust gas flow and transports it to a 

waste-heat-oil heater and ORC system. 

The ACSD has requested a waiver from 

the Buy American provision of ARRA 

for a foreign manufactured ORC turbine 

generator to recover waste heat from the 

sludge incineration operation at the 

ACSD’s North Plant WWTP, and to 

produce electrical power for on-site 

consumption. ACSD’s waiver request 

stated that the ORC turbine generators 

manufactured in the United States are 

not of adequate capacity to meet the 

electrical power output specifications 

for the project. The project 

specifications require that the ORC 

turbine generator has a maximum 

electrical generation net power output 

of 1,000 kilowatt (kW) and a minimum 

electrical generation net power output 

of 826 kW. The New York State 

Environmental Facilities Corporation 

administers the Clean Water State 

Revolving Fund on behalf of the New 

York State Department of 

Environmental Conservation, and has 

identified this project for ARRA 

funding. 

ACSD’s waiver request included a 

design and performance specification 

matrix comparing foreign and domestic 

ORC turbine generator manufacturers 

consisting of three foreign (Turboden, 

Ormat Technologies, Inc, and Adoratec) 

and four domestic manufacturers (UTC 

Power, Infinity Turbine, TurboGenix 

and Barber-Nichols, Inc.). The matrix 

provides evidence that three of the four 

domestic manufacturers do not meet the 

electrical power generation output 

required by the project specifications. 

The fourth domestic manufacturer, 

Barber-Nichols, Inc (BNI), was 

identified as a potential domestic 

manufacturer of ORC turbine generators. 

The ACSD’s revised waiver request, 

however, indicated that BNI was no 

longer a viable domestic candidate for 

the ORC turbine generator based upon 

the following: (1) An e-mail from BNI to 

ACSD dated July 17, 2008, stating that 

BNI does not provide complete turbine 

generator packages (as required in the 

project specifications), and (2) an e-mail 

from BNI to ACSD dated August 13, 

2008, declining ACSD’s invitation to bid 

on this project. 

The information provided to EPA by 

the ACSD was confirmed through a 

technical review by EPA’s national 

contractor of the submitted 

documentation. To the best of EPA’s 

knowledge at this time, there does not 


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