### 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 toterminate 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.



### T ABLE 

### 1.—F IPRONIL 

### P RODUCT 

### C ANCELLATIONS

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



### T ABLE 

### 2.—F IPRONIL 

### P RODUCT 

### R EG



### ISTRATION 

### A MENDMENT TO 

### T ERMI



### NATE 

### U SES

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. 

### T ABLE 

### 3.—R EGISTRANTS OF 

### C AN



### CELLED AND 

### / OR 

### A MENDED 

### F IPRONIL 

### P RODUCTS

EPA Company Number Company Name and Address

432 Bayer EnvironmentalScience2 T. W. Alexander Drive Research Triangle Park, NC 27709

7969 BASF Corporation P.O. Box 1352826 DavisDrive Research Triangle Park, NC 27709

III. Cancellation Order

Pursuant to FIFRA section 3, EPA hereby announces the expirations, of fipronil registrations identified in Table1 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.


### 5585 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices

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