16134 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

Fungicide, and Rodenticide Act (FIFRA)

(7 U.S.C. 136p), the Administrator may,

at her discretion, exempt a State agency

from any registration provision of

FIFRA if she determines that emergency

conditions exist which require such

exemption. The Applicant has requested

the Administrator to issue a specific

exemption for use of the herbicide,

pyrithiobac-sodium, available as Staple

from DuPont Agricultural Products, to

control morningglory and cocklebur on

up to 500,000 acres of cotton in

Arkansas. Information in accordance

with 40 CFR part 166 was submitted as

part of this request.

According to the Applicant, the

registered alternative herbicides

Command and Cotoran, provide only

fair control unless environmental

conditions are perfect. If no rainfall

occurs for activation of the soil applied

herbicide, no height difference is

established for the post-directed spray.

This is often compounded by wet

weather preventing the directed

application to be made. Command was

used last year by over one-half of the

Arkansas cotton growers for

morningglory control. Command

provides good control of pitted

morningglory, but poor control of the

entire leaf and ivyleaf species. In

addition, off-target movement problems

have created a controversy in Arkansas

and the long-term future of this

herbicide remains clouded. Even with

Command, an emergency situation

exists for an over-the-top herbicide for

morningglory control. In addition, a

second weed that is rapidly increasing

is the cocklebur which is resistant to

MSMA and DSMA. The arsenical

herbicides have been Arkansas primary

means of cocklebur control and

resistance is fast rendering them useless.

The applicant estimates a yield loss

ranging from 17 to 66 percent due to

cocklebur and a 72 percent yield loss

due to pitted morningglory.

Under the proposed exemption, a

maximum of two ground or air

applications of Staple would be made at

1.0 fluid ounces of product (or 1.18 to

2.35 ozs 85 percent SP/A) per acre. Not

to exceed 2.0 fluid ounces of product

per acre. No applications would be

made within 45 days of harvest.

This notice does not constitute a

decision by EPA on the application

itself. The regulations governing section

18 require that the Agency publish

notice of receipt in the Federal Register

and solicit public comment on an

application for a specific exemption

proposing use of a new chemical (i.e.,

an active ingredient not contained in

any currently registered pesticide) [40

CFR 166.24 (a)(1)].

Pyrithiobac-sodium is a new

chemical. Accordingly, interested

persons may submit written views on

this subject to the Field Operations

Division at the address above. The

Agency will review and consider all

comments received during the comment

period in determining whether to issue

the emergency exemption requested by

the Arkansas State Plant Board.

List of Subjects

Environmental protection, Pesticides

and pests, Crisis exemptions.

Dated: March 17, 1995.

Lois Rossi,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 95–7581 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–50805; FRL–4934–5]

Issuance of Experimental Use Permits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has granted experimental

use permits to the following applicants.

These permits are in accordance with,

and subject to, the provisions of 40 CFR

part l72, which defines EPA procedures

with respect to the use of pesticides for

experimental use purposes.

FOR FURTHER INFORMATION CONTACT: By

mail: Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person or by telephone: Contact the

product manager at the following

address at the office location or

telephone number cited in each

experimental use permit: 1921 Jefferson

Davis Highway, Arlington, VA.

SUPPLEMENTARY INFORMATION: EPA has

issued the following experimental use

permits:

241–EUP–128. Issuance. American

Cyanamid Company, P.O. Box 400,

Princeton, NJ 08543–0400. This

experimental use permit allows the use

of 300 pounds of the insecticide/

miticide 4-bromo-2-(4-chlorophenyl)-1-

(ethoxymethyl)-5-(trifluoromethyl)-1Hpyrrole-3-carbonitrile on 150 acres of

greenhouse and shadehouse

ornamentals to evaluate the control of

various insect pests. The program is

authorized only in the States of

Alabama, Arkansas, Arizona, California,

Colorado, Delaware, Florida, Georgia,

Hawaii, Illinois, Indiana, Iowa,

Louisiana, Maryland, Michigan,

Minnesota, Mississippi, Missouri, North

Carolina, New Jersey, New Mexico, New

York, Ohio, Oklahoma, Oregon,

Pennsylvania, South Carolina,

Tennessee, Texas, Virginia, Washington,

and Wisconsin. The experimental use

permit is effective from January 18, 1995

to January 18, 1997. (Dennis Edwards,

Jr., PM 19, CM #2, Rm. 207, (703–305–

6386))

524–EUP–85. Issuance. Monsanto

Company, 700 14th St., NW., Suite

1100, Washington, DC 20005. This

experimental use permit allows the use

of 556.875 pounds of the herbicide

glyphosate on 500 acres of soybeans to

evaluate the control of various weeds.

The program is authorized only in the

States of Alabama, Arkansas, Delaware,

Georgia, Illinois, Indiana, Iowa, Kansas,

Kentucky, Louisiana, Maryland,

Michigan, Minnesota, Mississippi,

Missouri, Nebraska, North Carolina,

Ohio, Pennsylvania, South Carolina,

Tennessee, Virginia, and Wisconsin.

The experimental use permit is effective

from January 19, 1995 to January 19,

1996. This permit is issued with the

limitation that all treated crops are

destroyed or used for research purposes

only. (Robert Taylor, PM 25, CM #2, Rm.

241, (703–305–6800))

54555–EUP–6. Issuance. SKW

Trostberg, AG., c/o Siemer and

Associates, Inc., 4672 W. Jennifer, Suite

103, Fresno, CA 93722. This

experimental use permit allows the use

of 28,531 pounds of the growth

regulator hydrogen cyanamide on

2,437.9 acres of top fruits to evaluate

control of diseases and maturation of

fruit. The program is authorized only in

the States of Alabama, Arizona,

California, Florida, Georgia, and Texas.

The experimental use permit is effective

from January 12, 1995 to January 12,

1996. (Joanne I. Miller, PM 23, CM #2,

Rm. 237, (703–305–7830))

707–EUP–122. Issuance. Rohm and

Haas Company, Independence Mall

West, Philadelphia, PA 19105. This

experimental use permit allows the use

of 321 pounds of the active ingredient

α-butyl-α-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile on 535 acres of

cucurbits to evaluate the control of

various fungi. The program is

authorized only in the States of Arizona,

Arkansas, California, Connecticut,

Delaware, Florida, Georgia, Illinois,

Iowa, Indiana, Maryland,

Massachusetts, Michigan, Missouri,

New Hampshire, New Jersey, New York,

North Carolina, Ohio, Pennsylvania,

South Carolina, Tennessee, Texas,

Virginia, and Wisconsin. The

experimental use permit is effective

from July 1, 1994 to June 30, 1995. A

temporary tolerance for residues of the

active ingredient in or on curcurbits has
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16135

been established. (Steve Robbins, PM

21, CM #2, Rm. 259, (703–305–6900))

Persons wishing to review these

experimental use permits are referred to

the designated product manager.

Inquires concerning these permits

should be directed to the person cited

above. It is suggested that interested

persons call before visiting the EPA

office, so that the appropriate file may

be made available for inspection

purposes from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays.

Authority: 7 U.S.C. 136.

Dated: March 7, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 95–7716 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5179–8]

Notice of Proposed Administrative

Settlement; Lorentz Barrel and Drum

Superfund Site

AGENCY: Environmental Protection

Agency.

ACTION: Notice; Request for public

comment.

SUMMARY: In accordance with Section

122(i)(1) of the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980, as amended

(‘‘CERCLA,’’ commonly referred to as

Superfund), 42 U.S.C. 9622(i) and

Section 7003(d) of the Resource

Conservation and Recovery Act, as

amended (‘‘RCRA’’), 42 U.S.C. § 6973,

notice is hereby given of a proposed cost

recovery administrative settlement

concerning the Lorentz Barrel and Drum

Superfund Site in San Jose, California

(the ‘‘Site’’). The United States

Environmental Protection Agency

(‘‘EPA’’) is proposing to enter into a de

minimis settlement pursuant to Section

122(g)(4) of CERCLA. This proposed

settlement is intended to resolve the

liabilities under CERCLA and RCRA of

88 de minimis parties for all past and

future response costs associated with

the Lorentz Barrel and Drum Site. The

names of the settling parties are listed

below in the Supplementary

Information section. These 88 parties

collectively have agreed to pay

$1,853,545.51 to EPA and $1,273,062.71

to the California Department of Toxic

Substances Control (‘‘California DTSC’’).

EPA is entering into this agreement

under the authority of Section 122(g)(4)

of CERCLA. Section 122(g) authorizes

early settlements with de minimis

parties to allow them to resolve their

liabilities at Superfund sites without

incurring substantial transaction costs.

A de minimis party is one that

contributed a minimal amount of

hazardous substances to a site in

comparison to other hazardous

substances at a site, and contributed

hazardous substances that are not

significantly more toxic or of

significantly greater hazardous effect

than other hazardous substances at a

site. Under the authority granted by

Section 122(g), EPA proposes to settle

with 88 potentially responsible parties

at the Lorentz Barrel and Drum

Superfund Site, each of whom is

responsible for no more than one

percent of the barrels or drums that may

have contained hazardous substances

sent to the Site, as reflected on the

waste-in list developed by EPA.

De minimis settling parties will be

required to pay their allocated share of

all part response costs and the estimated

future response costs at the Lorentz

Barrel and Drum Site, including all

federal and state response costs, and a

premium to cover the risks of remedy

failure and cost overruns. Fifteen of the

settling de minimis parties were parties

to earlier settlements with EPA in which

they conducted cleanup work at the

Site. EPA has calculated the value of the

prior settlors’ work and has arrived at an

equitable amount which the 15 prior

settlors have agreed to pay in this

settlement to resolve their liabilities to

EPA and the California DTSC for the

Site.

EPA may withdraw or withhold its

consent to this settlement if comments

received during the 30 day public

comment period disclose facts or

considerations which indicate the

proposed settlement is inappropriate,

improper, or inadequate.

DATES: Pursuant to Section 122(i)(1) of

CERCLA and Section 7003(d) of RCRA,

EPA will receive written comments

relating to this proposed settlement for

thirty (30) days following the date of

publication of this Notice. If EPA

receives a request for a public hearing

within thirty (30) days following the

date of publication of this Notice,

pursuant to Section 7003(d) of RCRA,

EPA will hold a public hearing to afford

the public an opportunity to comment

on the proposed settlement.

ADDRESSES: Comments and requests for

a public hearing should be addressed to

the Docket Clerk, U.S. EPA Region IX

(RC–1), 75 Hawthorne Street, San

Francisco, CA 94105 and should refer

to: Lorentz Barrel and Drum Superfund

Site, San Jose, California, U.S. EPA

Docket No. 95–01. A copy of the

proposed Administrative Order on

Consent may be obtained from the

Regional Hearing Clerk at the address

provided above. EPA’s response to any

comments received will be available for

inspection from the Regional Hearing

Clerk; at the Dr. Martin Luther King, Jr.

Public Library, Reference Desk, 180 W.

San Carlos Street, San Jose, CA 95113;

and at San Jose State University, Clark

Library, Government Publications Desk,

One Washington Square, San Jose, CA

95192.

FOR FURTHER INFORMATION CONTACT:

Mary S. Andrews, Senior Associate,

(202) 260–3109, U.S. Environmental

Protection Agency, Office of Site

Remediation Enforcement (2244), Room

3105, 401 M Street SW., Washington,

DC 20460, or Randa Bishlawi, Assistant

Regional Counsel, (415) 744–1345, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

SUPPLEMENTARY INFORMATION: The

proposed de minimis settlement

resolves EPA and California DTSC’s

claims under Section 107 of CERCLA

and Section 7003 of RCRA against the

following Respondents: A.J. Raisch

Paving Company, Albuquerque

Enterprises, Allgood Industries,

Amchem Products Inc., American

National Can Company, Ampex

Corporation, Ashland Chemical

Company, Auto Body Supply

Warehouse, Bayday Chemical, Boise

Cascade Company, Central Valley

Beverage, Conoco Inc., Consolidated

Freightways, Container Corporation of

America, Continental Can Company

Inc., Cul Mar, Daw Printing Ink

Company, Day-Brite Lighting Inc.,

Defense Logistics Agency, Dymo

Industries Inc., Eastman Kodak

Company, El Camino Hospital,

Exchange Linen Services, Fiberglass

Representatives Inc., Firestone Tire &

Rubber Company, Fletco Paint

Company, General Electric Company,

Georgia Pacific Corporation, Getty Oil,

Gilroy Foods Inc., Great Western

Chemical Company, Green Giant

Company, Guardian Sanitary Supply

Company, H & H Robertson Company,

Holly Sugar Refinery, Hewlett Packard

Company, I.B.M., Inland Container,

International Rotex, IT Transportation,

Jasco Chemical Company, Jones

Hamilton Company, Kern Food Inc., KTI

Chemical Inc., L.& N. Uniform Supply

Company, Lockheed, Minwax Company

Inc., Morton Paint Company, Nasa Ames

Research Center, National Fiberglass

Corporation, National Semiconductor

Corporation, National Starch &

Chemical Company, State of Nevada

Department of Highways, Norton

Company, Olin Corporation, Pacific Gas