Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices 72827 

ownership interest in units at Plant 

Wansley operated by Georgia Power 

Company. The Administrator issued the 

preceding Order Responding to Remand 

denying a petition to object to a state 

operating permit issued to Oglethorpe—

Wansley Combined Cycle Energy 

Facility (Block 8) located in Roopville, 

Heard County, Georgia, pursuant to title 

V of the Clean Air Act (the Act), 42 

U.S.C. 7661–7661f. On February 4, 

2002, Sierra Club had filed a petition 

seeking EPA’s objection to the title V 

operating permit for Block 8 issued by 

the Georgia Environmental Protection 

Division (EPD). The Administrator 

denied the petition in an Order dated 

November 15, 2002. Pursuant to Section 

502(b) of the Act, Sierra Club appealed 

to the U.S. Court of Appeals for the 

Eleventh Circuit (the Court), arguing 

that Oglethorpe was not entitled to a 

permit for Block 8 (in accordance with 

Georgia’s Statewide Compliance Rule) 

because it owns part of another major 

stationary source that has been cited for 

non-compliance with the Act. On May 

5, 2004, the Court granted Sierra Club’s 

petition for review, vacated the 

November 12, 2002, Order, and 

remanded to EPA for further 

explanation of the manner in which the 

Georgia rule should be applied in cases 

of partial ownership. After considering 

the issues raised by the Court, the 

Amended Order Responding to Remand 

(like the Order Responding to Remand) 

reached the same conclusion as EPA’s 

original Order, but provided a more 

detailed explanation. 

ADDRESSES: Copies of the Amended 

Order Responding to Remand, the 

petition, and all pertinent information 

relating thereto are on file at the 

following location: EPA Region 4, Air, 

Pesticides and Toxics Management 

Division, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. The amended final 

order is also available electronically at 

the following address: http:// 

www.epa.gov/region7/programs/artd/

air/title5/petitiondb/petitions/ 

opcwansley_decision2002_

amendedremand.pdf. 

FOR FURTHER INFORMATION CONTACT: Art 

Hofmeister, Air Permits Section, EPA 

Region 4, at (404) 562–9115 or 

hofmeister.art@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Georgia Center for Law in the Public 

Interest originally submitted a petition 

on behalf of the Sierra Club (Petitioner) 

to the Administrator on February 4, 

2002, requesting that EPA object to a 

state title V operating permit issued by 

the EPD to Oglethorpe. Other 

inconsistencies (with the Act) alleged by 

the Petitioner were: (1) That the permit 

failed to require a case-by-case 

maximum achievable control 

technology determination for the 

emissions of hazardous air pollutants; 

(2) that the permit failed to include 

adequate monitoring of carbon 

monoxide; (3) that the permit 

impermissibly limited the enforceability 

of a federal stack height provision; and 

(4) that the permit failed to include 

short-term best available control 

technology limits. EPA’s responses to 

the above issues in the November 12, 

2002, Order were upheld by the Court; 

therefore, sections IV.B. through IV.E. of 

the November 12, 2002, Order are 

incorporated by reference into the 

Amended Order Responding to Remand. 

Dated: November 27, 2005. 

A. Stanley Meiburg, 

Deputy Regional Administrator, Region 4. 

[FR Doc. 05–23720 Filed 12–6–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0061; FRL–7742–6] 

Azinphos-methyl Ecological Risk 

Assessment, Grower Impact 

Assessments; Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s environmental fate 

and effects risk assessment, grower 

impact assessments, and related 

documents for the organophosphate 

pesticide azinphos-methyl, and opens a 

60–day public comment period on these 

documents. EPA is in the process of 

reevaluating the remaining uses for 

azinphos-methyl, consistent with the 

Interim Reregistration Eligibility 

Decision (IRED) issued in 2001 and the 

May 2002 Memorandum of Agreement 

between EPA and the technical 

registrants for azinphos-methyl. 

DATES: Comments must be received on 

or before February 6, 2006. 

ADDRESSES: Comments, identified by 

docket identification (ID) number EPA–

HQ–OPP–2005–0061, may be submitted 

electronically, by mail, or through hand 

delivery/courier. Follow the detailed 

instructions as provided in Unit I. of the 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Diane Isbell, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

8154; fax number: (703) 308–8041; email address: isbell.diane@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? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number EPA–HQ–

OPP–2005–0061. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket 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/. 

Agency Website. EDOCKET, EPA’s 

electronic public docket and comment 

system was replaced on November 25, 

2005, by an enhanced federal-wide 

electronic docket management and 

comment system located at http:// 

www.regulations.gov. Follow the online 

instructions. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

72828 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices 

to submit or view public comments, to 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

C. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number EPA–HQ–OPP–2005–

0061. The system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number EPA–HQ–

OPP–2005–0061. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number EPA–HQ–OPP–2005–0061. 

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

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–2005–0061. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation as identified in Unit I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices 72829 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT. 

E. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

and/or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate docket ID 

number in the subject line on the first 

page of your response. It would also be 

helpful if you provide the name, date, 

and Federal Register citation related to 

your comments. 

II. Background 

A. What Action is the Agency Taking? 

EPA is making available the 

environmental fate and ecological 

effects risk assessment, and the grower 

impact assessments for azinphosmethyl. Azinphos-methyl is an 

organophosphate insecticide first 

registered in 1959, and is used in 

agriculture on orchard fruits, berries, 

nuts, and other crops. The Interim 

Reregistration Eligibility Decision for 

azinphos-methyl was issued in October 

2001. During the development of the 

IRED, EPA evaluated the risks and 

benefits associated with azinphosmethyl use, considered all relevant risk 

mitigation options and implemented a 

variety of mitigation measures, 

including reductions in the rate and 

frequency of applications and 

precautionary labeling to reduce risks. 

Despite these mitigation measures, 

calculated risks to workers and the 

environment from azinphos-methyl use 

still indicated potential concerns. The 

technical registrants of azinphos-methyl 

entered into a Memorandum of 

Agreement (MOA) with EPA that was 

signed on May 23, 2002, which 

provided for the deletion or phase out 

of most azinphos-methyl uses. The 

remaining 10 uses have time-limited 

registrations pending the submission 

and evaluation of biomonitoring, 

product efficacy and other data. These 

uses include: Almonds; apples and crab 

apples; blueberries, lowbush and 

highbush; Brussels sprouts; sweet and 

tart cherries; nursery stock; parsley; 

pears; pistachios; and walnuts. EPA 

intends to complete its evaluation of 

these uses and propose a decision in 

2006. 

EPA is providing an opportunity, 

through this notice, for interested 

parties to provide comments and input 

on the Agency’s ecological risk and 

grower impact assessments for 

azinphos-methyl. Such comments and 

input could address, for example, the 

availability of additional data to further 

refine the risk or grower impact 

assessments, information about a 

specific pest problem not addressed or 

evaluated in the assessment, or could 

address the Agency’s risk assessment 

methodologies and assumptions as 

applied to this specific pesticide. Some 

sample questions are provided in a 

memorandum to the docket, dated 

November 29, 2005. These questions 

may be used as a guide for commenting 

on the assessments available in this 

docket. 

Comments should be limited to issues 

raised within the assessments and 

associated documents. Failure to 

comment on any such issues as part of 

this opportunity will not limit a 

commenter’s opportunity to participate 

in any later notice and comment 

processes on this matter. All comments 

should be submitted using the methods 

in Unit I. of the SUPPLEMENTARY

INFORMATION, and must be received by 

EPA on or before the closing date. 

Comments will become part of the 

Agency Docket for azinphos-methyl. 

Comments received after the close of the 

comment period will be marked ‘‘late.’’

EPA is not required to consider these 

late comments. 

B. What is the Agency’s Authority for 

Taking this Action? 

The Agency is issuing this Notice in 

connection with decisions it will make 

in 2006 pursuant to section 3(c)(5) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) regarding uses 

of azinphos-methyl and phosmet. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: November 23, 2005. 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. 05–23719 Filed 12–2–05; 1:05 pm] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0317; FRL–7748–6] 

Notice of Filing of a Pesticide Petition 

for Establishment of an Exemption 

from the Requirement of a Tolerance 

for the Residues of the Biochemical 

Pesticide (Z)–7,8–epoxy–2–

methyloctadecane in or on All Food 

and Feed Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

initial filing of a pesticide petition 

proposing the establishment of an 

exemption from the requirement of a 

tolerance for the residues of the 

biochemical pesticide (Z)–7,8–epoxy–2–

methyloctadecane in or on all food and 

feed commodities. 

DATES: Comments must be received on 

or before January 6, 2006. 

ADDRESSES: Comments, identified by 

docket identification (ID) number EPA–

HQ–OPP–2005–0317 and pesticide 

petition (PP) number 5F6985, may be 

submitted electronically, by mail, or 

through hand delivery or courier. 

Follow the detailed instructions as 

provided in Unit I. of the 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Bryceland, Biopesticides and 

Pollution Prevention Division, (7511C), 

Office of Pesticide Programs, U. S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, telephone number: 

(703) 305–6928; e-mail address: 

bryceland.andrew@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