2068 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

performance tests, and periodic reports. 

Owners or operators also are required to 

maintain records of the occurrence and 

duration of any startup, shutdown, or 

malfunction in the operation of an 

affected facility, or any period during 

which the monitoring system is 

inoperative. These notifications, reports, 

and records are essential in determining 

compliance and are required, in general, 

of all sources subject to NESHAP. 

Any owner or operator subject to the 

provisions of this part shall maintain a 

file of these documents, and retain the 

file for at least five years following the 

date of such notifications, reports, and 

records. All reports are sent to the 

delegated state or local authority. In the 

event that there is no such delegated 

authority, the reports are sent directly to 

the EPA regional office. This 

information is being collected to assure 

compliance with 40 CFR part 63, 

subpart MMMM as authorized in 

Sections 112 and 114(a) of the Clean Air 

Act. The required information consists 

of emissions data and other information 

that have been determined not to be 

private. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

Control Number. The OMB Control 

Numbers for EPA’s regulations are listed 

in 40 CFR part 9 and 48 CFR chapter 15, 

and are identified on the form and/or 

instrument, if applicable. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 233 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; to 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; to adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; to train personnel to be 

able to respond to a collection of 

information; to search data sources; to 

complete and review the collection of 

information; and to transmit or 

otherwise disclose the information. 

Respondents/Affected Entities: 

Miscellaneous metal parts and products 

surface coating facilities. 

Estimated Number of Respondents: 

4,991. 

Frequency of Response: Initial, 

Semiannually, On Occasion. 

Estimated Total Annual Hour Burden: 

2,328,603 hours. 

Estimated Total Annual Costs: 

$212,456,370, which includes: 

$211,456,370 in Labor costs, $1,000,000 

in annual O&M costs, and no 

annualized capital/startup costs. 

Changes in the Estimates: There is an 

increase in burden of 1,653,553 hours 

from the most recently approved ICR, 

due to an adjustment. This increase is 

not due to any program changes. The 

increase is due to two factors: (1) There 

is a more accurate count of number of 

facilities affected; and (2) there is a 

change in the burden and cost estimates 

because the standard has been in effect 

for more than three years, and the 

requirements are different during initial 

compliance (new facilities) as compared 

to on-going compliance (existing 

facilities). The previous ICR reflected 

those burdens and costs associated with 

the initial activities for subject facilities. 

This includes purchasing monitoring 

equipment, conducting performance 

tests, and establishing recordkeeping 

systems. This ICR reflects the on-going 

burden and costs for existing facilities. 

Activities for existing sources include 

continuous monitoring of pollutants and 

the submission of semiannual reports. 

Capital/Startup and Operation and 

Maintenance (O&M) costs have also 

been revised to reflect add-on controls 

installed by the small portion of 

industry that does not reformulate its 

coating materials in order to comply 

with the rule. 

Dated: January 8, 2009. 

John Moses, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E9–689 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-HQ-OPP–2008–0894; FRL–8395–5] 

Pesticide Emergency Exemptions; 

Agency Decisions and State and 

Federal Agency Crisis Declarations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has granted emergency 

exemptions under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) for use of pesticides as 

listed in this notice. The exemptions 

were granted during the period July 1, 

2008 through September 30, 2008 to 

control unforeseen pest outbreaks. 

FOR FURTHER INFORMATION CONTACT: See 

each emergency exemption for the name 

of a contact person. The following 

information applies to all contact 

persons: Team Leader, Emergency 

Response Team, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9366. 

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 at the end of the 

emergency exemption of interest. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0894. Publicly available 

docket materials are available either 

electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the 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 is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2069 

II. Background 

EPA has granted emergency 

exemptions to the following State and 

Federal agencies. The emergency 

exemptions may take the following 

form: Crisis, public health, quarantine, 

or specific. 

Under FIFRA section 18, EPA can 

authorize the use of a pesticide when 

emergency conditions exist. 

Authorizations (commonly called 

emergency exemptions) are granted to 

State and Federal agencies and are of 

four types: 

1. A ‘‘specific exemption’’ authorizes 

use of a pesticide against specific pests 

on a limited acreage in a particular 

State. Most emergency exemptions are 

specific exemptions. 

2. ‘‘Quarantine’’ and ‘‘public health’’ 

exemptions are a particular form of 

specific exemption issued for 

quarantine or public health purposes. 

These are rarely requested. 

3. A ‘‘crisis exemption’’ is initiated by 

a State or Federal agency (and is 

confirmed by EPA) when there is 

insufficient time to request and obtain 

EPA permission for use of a pesticide in 

an emergency. 

EPA may deny an emergency 

exemption: If the State or Federal 

agency cannot demonstrate that an 

emergency exists, if the use poses 

unacceptable risks to the environment, 

or if EPA cannot reach a conclusion that 

the proposed pesticide use is likely to 

result in ‘‘a reasonable certainty of no 

harm’’ to human health, including 

exposure of residues of the pesticide to 

infants and children. 

If the emergency use of the pesticide 

on a food or feed commodity would 

result in pesticide chemical residues, 

EPA establishes a time-limited tolerance 

meeting the ‘‘reasonable certainty of no 

harm standard’’ of the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

In this document, EPA identifies the 

State or Federal agency granted the 

exemption, the type of exemption, the 

pesticide authorized and the pests, the 

crop or use for which authorized, 

number of acres (if applicable), and the 

duration of the exemption. EPA also 

gives the Federal Register citation for 

the time-limited tolerance, if any. 

III. Emergency Exemptions 

A. U. S. States and Territories 

California 

Environmental Protection Agency, 

Department of Pesticide Regulation 

Public Health: On August 15, 2008, for 

the use of d-phenothrin over 

agricultural fields to control mosquitoes 

that vector West Nile virus, St Louis 

Encephalitis, and Western Equine 

Encephalitis. Contact: Princess 

Campbell. 

Delaware 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of spiromesifen on soybeans to 

control spider mites; August 13, 2008 to 

September 15, 2008. Contact: Andrea 

Conrath. 

Florida 

Department of Agriculture and 

Consumer Services 

Quarantine exemption: On September 

25, 2008, for the use of naled to 

eradicate tephritid fruit flies, responsive 

to the attractant, methyl eugenol. 

Contact: Princess Campbell. 

Idaho 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of endothall in agricultural 

irrigation canals in Twin Falls County to 

control various aquatic weeds; 

September 30, 2008 to October 31, 2008. 

Contact: Andrea Conrath. 

Illinois 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; July 1, 2008 to 

October 10, 2008. Contact: Marcel 

Howard. 

Indiana 

Office of Indiana State Chemist 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; August 5, 2008 

to October 15, 2008. Contact: Marcel 

Howard. 

Minnesota 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; July 1, 2008 to 

September 30, 2008. Contact: Marcel 

Howard. 

Crisis: On August 15, 2008, for the use 

of lamda-cyhalothrin on wild rice to 

control rice worm. This program ended 

on August 29, 2008. Contact: Andrew 

Ertman. 

North Dakota 

Department of Agriculture 

Crisis: On July 24, 2008, for the use of 

tebuconazole on sunflowers to control 

rust (Puccinia helianthi). This program 

ended on August 8, 2008. Contact: Libby 

Pemberton. 

Ohio 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; July 22, 2008 

to September 30, 2008. Contact: Marcel 

Howard. 

Oregon 

Department of Agriculture 

Crisis: On June 30, 2008, for the use of 

diflubenzuron on alfalfa grown for seed 

to control grasshoppers and mormon 

crickets. This program ended on July 15, 

2008. Contact: Libby Pemberton. 

Pennsylvania 

Department of Agriculture 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; August 8, 2008 

to October 30, 2008. Contact: Marcel 

Howard. 

Wisconsin 

Department of Agriculture, Trade, and 

Consumer Protection 

Specific exemption: EPA authorized the 

use of chlorantraniliprole on sweet corn 

to control corn earworm; July 22, 2008 

to September 30, 2008. Contact: Marcel 

Howard. 

Crisis: On August 30, 2008, for the use 

of chlorpyrifos on ginseng to control soil 

larvae. This program ended on 

November 15, 2008. Contact: Stacey 

Groce. 

B. Federal Departments and Agencies 

Agriculture Department 

Animal and Plant Health Inspector 

Service 

Specific exemption: EPA authorized the 

use of diflubenzuron on alfalfa grown 

for hay to control Mormon Crickets 

(Anabrus simplex) and Grasshoppers 

(various spp.) (Family Acrididae); July 

2, 2008 to October 1, 2008. This request 

was granted on the basis that 

diflubenzuron is preferable to registered 

alternatives in potential impacts on 

pollinators of the Spalding’s catchfly, a 

threatened plant species endemic to the 

proposed treatment area in Montana. 

Contact: Libby Pemberton. 

Defense Department 

Quarantine exemption: On September 

30, 2008, for the use of 

paraformaldehyde to decontaminate 

biological containment areas to prevent 

the release of infectious 

microorganisms. Contact: Princess 

Campbell. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: January 2, 2009. 

P.V. Shah, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. E9–502 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–S 


sroberts on PROD1PC70 with NOTICES