28608 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

ICR Numbers: EPA ICR Number 

1666.08, OMB Control Number 2060– 

0283. 

ICR Status: This ICR is scheduled to 

expire on July 31, 2010. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. 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 in title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

and displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: The affected entities are 

subject to the General Provisions of the 

NESHAP at 40 CFR part 63, subpart A, 

and any changes, or additions to the 

Provisions specified at 40 CFR part 63, 

subpart O. Owners or operators of the 

affected facilities must submit a onetime-only report of any physical or 

operational changes, initial performance 

tests, and periodic reports and results. 

Owners or operators are also 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. Reports, at a minimum, are 

required semiannually. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 37 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; 

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; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Commercial ethylene oxide sterilization 

and fumigation operations. 

Estimated Number of Respondents: 

119. 

Frequency of Response: Initially, 

occasionally, and semiannually. 

Estimated Total Annual Hour Burden: 

8,662. 

Estimated Total Annual Cost: 

$1,467,301, which includes $819,301 in 

labor costs, $65,000 in capital/startup 

costs, and $583,000 in operation and 

maintenance (O&M) costs. 

Changes in the Estimates: There is no 

change in the labor hours to 

respondents in this ICR compared to the 

previous ICR. This is due to two 

considerations: (1) The regulations have 

not changed over the past three years 

and are not anticipated to change over 

the next three years; and (2) the growth 

rate for the industry is very low, 

negative or non-existent. Therefore, the 

labor hours in the previous ICR reflect 

the current burden to the respondents 

and are reiterated in this ICR. 

The increase in labor cost to the 

respondents and the Agency is due to 

the updating of labor rates to reflect 

current cost figures. 

Dated: May 17, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–12276 Filed 5–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0411; FRL–8826–7] 

Calcium Hydroxide; Receipt of 

Application for Emergency Exemption, 

Solicitation of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a 

quarantine exemption request from the 

Hawaii Department of Agriculture to use 

the pesticide calcium hydroxide (CAS 

No. 1305–62–0) to treat up to 1,000 

acres of outdoor potted and field–grown 

ornamental plants, groundcover/floors, 

and perimeters of commercial nurseries 

to control Eleutherodactylus frogs. The 

applicant proposes the use of a new 

chemical which has not been registered 

by EPA. 

EPA is soliciting public comment 

before making the decision whether or 

not to grant the exemption. 

DATES: Comments must be received on 

or before 15 days after date of 

publication in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0411, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on– 

line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0411. EPA’s policy is that all comments 

received will be included in the 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 email. 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 automatically captured and 

included as part of the comment that is 

placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28609 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Groce, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–2505; fax number: (703) 605– 

0781; e-mail address: 

groce.stacey@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 ID 

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. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide 

discussed in this document, compared 

to the general population. 

II. 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. The Hawaii 

Department of Agriculture has requested 

the Administrator to issue a quarantine 

exemption for the use of calcium 

hydroxide on outdoor potted and fieldgrown ornamental plants, groundcover/ 

floors, and perimeters of commercial 

nurseries to control Eleutherodactylus 

frogs. Information in accordance with 40 

CFR part 166 was submitted as part of 

this request. 

As part of this request, the Hawaii 

Department of Agriculture asserts that 

calcium hydroxide is necessary to 

control the tropical frogs, 

Eleutherodactylus coqui and E. 

planirostris, two relatively new species 

accidentally introduced to Hawaii from 

infested nursery plants. These species 

are native to the Caribbean, although 

one or both species is established on the 

continental United States in Florida, 

Louisiana, and Alabama. E. coqui is 

now firmly established on Maui, and the 

island of Hawaii with smaller 

populations on Kauai and Oahu; E. 

planirostris is also found on Kauai, 

Oahu, Maui, and the island of Hawaii. 

The sites where they are established 

include commercial plant nurseries, 

residential areas, resorts and hotels, 

forest habitats, and natural areas. The 

Eleutherodactylus coqui and E. 

planirostris species are spread to 

additional sites primarily through the 

transportation of infested plant 

materials to uninfested areas. 

Further, the applicant asserts, that 

there is great concern that these tropical 

frogs pose a threat to the native 

Hawaiian forest ecosystem, including 

many endangered species. In particular, 

Eleutherodactylus frogs have the 

potential to be a serious threat to native 

endangered bird species. The E. coqui 

may exert predation pressure on a wide 

variety of native anthropods, many of 

which are already stressed because of 

the establishment of other alien 

predators and parasitoids. In addition, 

these frog species will compete for 

insect food sources with native birds, 

the majority of which are partially or 

completely insectivorous. The Hawaiian 

hoary bat and many anthropod species 

also depend upon insects and spiders as 

food sources. According to the 

quarantine exemption application, 

another concern is that the rapid 

increase in the populations of these frog 

species could provide a food source and 

increase the already large populations of 


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introduced predators, such as rats and 

mongooses. 

EPA granted the Hawaii Department 

of Agriculture a quarantine exemption 

in 2005 for use of calcium hydroxide to 

control Eleutherodactylus frogs. This 

quarantine exemption program expired 

on April 26, 2008. The applicant 

withdrew a subsequent request in 2008 

for use of calcium hydroxide on 4,000 

acres of outdoor plant nurseries, 

residential areas, resorts and hotels, 

parks, forest habitats, and natural areas 

throughout the entire state of Hawaii. 

In this request, the Hawaii 

Department of Agriculture’s projected 

acreage for 2010–2012 is 1,000 acres on 

outdoor potted and field-grown 

ornamental plants, groundcover/floors, 

and perimeters of commercial nurseries 

throughout the state of Hawaii in the 

following counties: Honolulu, Maui, 

Kauai, and Hawaii. According to the 

current submission, use of calcium 

hydroxide is proposed for application as 

follows: 

1. For dust application at 500 pounds 

per acre (485 lbs. active ingredient (a.i.) 

per acre). 

2. For foliar applications on potted or 

field-grown outdoor ornamental plants 

at 250 pounds of product per acre (242.5 

lbs. a.i. per acre) at a 3% dilution. 

3. For foliar applications on 

vegetation of nursery perimeters or as a 

soil drench at 500 pounds per acre (485 

lbs. a.i. per acre) at a 6% dilution. A 

maximum of twelve applications may be 

made per site per year. Therefore, a total 

maximum of 18,000,000 lbs. (9,000 tons) 

of product or 17,280,000 lbs. (8,640 

tons) of a.i. of calcium hydroxide can be 

applied to treated areas under this 

request. 

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 

calcium hydroxide which has not been 

registered by EPA. 

The notice provides an opportunity 

for public comment on this proposed 

application. 

The Agency will review and consider 

all comments received during the 

comment period in determining 

whether to issue the quarantine 

exemption requested by the Hawaii 

Department of Agriculture. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: May 12, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–12100 Filed 5–20–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9154–2; Docket ID No. EPA–HQ–ORD– 

2010–0395] 

Draft EPA’s Reanalysis of Key Issues 

Related to Dioxin Toxicity and 

Response to NAS Comments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Public Comment 

Period. 

SUMMARY: EPA is announcing a 90-day 

public comment period for the external 

review draft entitled, ‘‘EPA’s Reanalysis 

of Key Issues Related to Dioxin Toxicity 

and Response to NAS Comments’’ (EPA/ 

600/R–10/038A). This draft report 

responds to the key recommendations 

and comments included in the National 

Academy of Sciences (NAS) 2006 

report. In addition, it includes new 

analyses on potential human effects that 

may result from exposure to 2,3,7,8- 

tetrachlorodibenzo-p-dioxin (TCDD). 

These analyses have not been in 

previous versions of draft reports related 

to EPA’s dioxin reassessment activity. 

This draft report is now considered to 

be under EPA’s Integrated Risk 

Information System (IRIS) program, and 

thus, the new IRIS process announced 

in May 2009 (http://www.epa.gov/iris/ 

process/) is being followed. Per the May 

2009 process, this draft report is 

beginning Step 4—independent external 

peer review and public review and 

comment. This draft dioxin report was 

prepared by the National Center for 

Environmental Assessment (NCEA) 

within the EPA Office of Research and 

Development (ORD). 

The draft document, ‘‘EPA’s 

Reanalysis of Key Issues Related to 

Dioxin Toxicity and Response to NAS 

Comments,’’ is also being provided to 

EPA’s Science Advisory Board (SAB), a 

body established under the Federal 

Advisory Committee Act, for 

independent external peer review. The 

SAB will convene an expert panel 

composed of scientists knowledgeable 

about technical issues related to dioxins 

and risk assessment. The SAB is 

expected to hold a public teleconference 

on or about June 24, 2010, and a public 

panel meeting on July 13–15, 2010. The 

SAB peer review meetings will be 

announced by the SAB staff office in a 

separate Federal Register Notice. EPA 

intends to forward all public comments 

submitted before July 7, 2010, in 

response to this notice to the SAB peer 

review panel for their consideration. 

Members of the public who wish to 

ensure that their technical comments 

are provided to the SAB expert panel 

before each meeting should also e-mail 

their comments separately to Thomas 

Armitage, the SAB Designated Federal 

Officer at armitage.thomas@epa.gov, 

following the procedures in the Federal 

Register Notice announcing the SAB 

public meetings. When completing this 

draft dioxin report, EPA will consider 

any written public comments that EPA 

receives in accordance with the detailed 

instructions provided below under 

SUPPLEMENTARY INFORMATION. The public 

comment period and SAB external peer 

review are independent processes that 

provide separate opportunities for all 

interested parties to comment on the 

draft report. 

EPA is releasing this draft report 

solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. This draft report has not 

been formally disseminated by EPA. It 

does not represent and should not be 

construed to represent any Agency 

policy or determination. 

DATES: The public comment period 

begins May 21, 2010, and ends August 

19, 2010. Comments should be in 

writing and must be received by EPA by 

August 19, 2010. 

Due to the timing of the SAB’s peer 

review meeting, EPA can only guarantee 

that those comments received by July 7, 

2010, in response to this Federal 

Register notice will be provided to the 

SAB panel prior to the SAB meeting. 

Comments received after July 7, will 

still be provided to the SAB panel and 

will also inform the Agency’s revision of 

the draft report. 

ADDRESSES: The external review draft 

titled, ‘‘EPA’s Reanalysis of Key Issues 

Related to Dioxin Toxicity and 

Response to NAS Comments’’ (EPA/600/ 

R–10/038A) is available primarily via 

the Internet on the NCEA home page 

under the Recent Additions and 

Publications menus at http:// 

www.epa.gov/ncea. A limited number of 

paper copies are available from the 

Information Management Team 

(Address: Information Management 

Team, National Center for 

Environmental Assessment (Mail Code: 

8601P), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone: 

703–347–8561; facsimile: 703–347– 

8691). If you request a paper copy, 


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