23712 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

EPA-approved label and labeling of the 

affected product. Exception to these 

general rules will be made in specific 

cases when more stringent restrictions 

on sale, distribution, or use of the 

products or their ingredients have 

already been imposed, as in a special 

review action, or where the Agency has 

identified significant potential risk 

concerns associated with a particular 

chemical. 

If the requests for voluntary 

cancellation and use termination are 

granted, the Agency intends to publish 

the cancellation order in the Federal 

Register that will allow persons other 

than the registrant to continue to sell 

and/or use existing stocks of canceled 

products until such stocks are 

exhausted, provided that such use is 

consistent with the terms of the 

previously approved labeling on, or that 

accompanied, the canceled product. The 

order will specifically prohibit any use 

of existing stocks that is not consistent 

with such previously approved labeling. 

The Agency will publish the 

cancellation order in the Federal 

Register. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: May 7, 2009. 

Richard P. Keigwin, Jr., 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E9–11631 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8908–3] 

Proposed CERCLA Settlement 

Agreement for Recovery of Past 

Response Costs Incurred at the Bueno 

Mill and Mine Site Located Adjacent to 

Jamestown in Boulder County, CO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: In accordance with the 

requirements of section 122(i) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9622(i), notice is hereby given of a 

proposed Settlement Agreement for 

Recovery of Past Response Costs 

(‘‘Agreement’’) under section 122(h)(1)of 

CERCLA, 42 U.S.C. 9622(h)(1), 

concerning the Bueno Mine and Mill 

Site located adjacent to Jamestown in 

Boulder County, Colorado. This 

Agreement, as embodied in a CERCLA 

section 122(h) Settlement Agreement for 

Recovery of Past Response Costs, is 

designed to resolve the liability at the 

Site for Ozark-Mahoning Company and 

its parents Delaware Chemicals 

Corporation and Arkema Inc. (‘‘Settling 

Parties’’) for past work and past 

response costs through covenants under 

sections 106 and 107 of CERCLA, 42 

U.S.C. 9606 and 9607. The proposed 

Agreement requires the Settling Party to 

pay $1,321,619 to the EPA Hazardous 

Substances Superfund. 

Opportunity for Comment: For thirty 

(30) days following the date of 

publication of this notice, the Agency 

will consider all comments received, 

and may modify or withdraw its consent 

to the Agreement if comments received 

disclose facts or considerations which 

indicate that either the Agreement is 

inappropriate, improper, or inadequate. 

The Agency’s response to any comments 

received will be available for public 

inspection at the EPA Superfund 

Records Center, 1595 Wynkoop St., 3rd 

floor in Denver, Colorado. 

DATES: Comments must be submitted on 

or before June 19, 2009. 

ADDRESSES: The proposed Agreement 

and additional background information 

relating to the settlement are available 

for public inspection at the EPA 

Superfund Records Center, 1595 

Wynkoop St., 3rd Floor, in Denver, 

Colorado. Comments and requests for a 

copy of the proposed Agreement should 

be addressed to William Ross (8ENF– 

RC), Technical Enforcement Program, 

U.S. Environmental Protection Agency, 

1595 Wynkoop St., Denver, Colorado 

80202–1129, and should reference the 

Bueno Mine and Mill Site, in Boulder 

County, Colorado and the Docket 

Number CERCLA–08–2009–0001. 

FOR FURTHER INFORMATION CONTACT: 

William Ross, Enforcement Specialist/ 

SEE (8ENF–RC), Technical Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkop St., Denver, 

Colorado 80202–1129, (303) 312–6208. 

SUPPLEMENTARY INFORMATION: Regarding 

the Agreement under section 122(h)(1) 

of CERCLA, 42 U.S.C. 9622(h)(1): In 

accordance with section 122(i) of 

CERCLA, 42 U.S.C. 9622(i), notice is 

hereby given that the terms of the 

Agreement have been agreed to by the 

Settling Parties which will pay a total of 

$1,312,619 to the Hazardous Substance 

Superfund. This payment represents 

100% of the past response costs 

attributable to the Settling Parties 

incurred by the United States through 

the effective date of the Agreement. 

Dated: May 8, 2009. 

Sharon L. Kersher, 

Acting Assistant Regional Administrator, 

Office of Enforcement, Compliance, and 

Environmental Justice, Region 8. 

[FR Doc. E9–11745 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2008–0787; FRL–8906–6] 

Notice of Availability of RCRA Closure 

and Post-Closure Care Cost Estimating 

Software 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of a software package, 

referred to as CostPro, which will 

estimate the costs of RCRA Closure and 

Post-Closure care. Persons interested in 

obtaining a copy of the software package 

can contact EPA for a copy of this 

software. 

DATES: This software will be available 

on or after May 1, 2009. 

ADDRESSES: The official public docket is 

identified by Docket ID No. EPA–HQ– 

RCRA–2008–0737. All documents in the 

docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov, or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding 

distribution of this software, contact 

Bob Maxey, Office of Resource 

Conservation and Recovery, (703) 308– 

7273, maxey.bob@epa.gov. Mail 

inquiries may be directed to the Office 

of Resource Conservation and Recovery, 

(5303P), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23713 

SUPPLEMENTARY INFORMATION: 

A. What is the regulatory basis of this 

software? 

Subtitle C of the Resource 

Conservation and Recovery Act (RCRA) 

establishes financial assurance 

requirements for owners or operators of 

hazardous waste treatment, storage, or 

disposal facilities (TSDF). The RCRA 

hazardous waste regulations, (40 CFR 

parts 264 and 265), require that the 

owner or operator of a TSDF which 

seeks a Part B permit or has interim 

status to prepare an estimate of the costs 

required to close the facility and the 

cost to perform post-closure care at the 

facility based on the costs of a thirdparty performing the work. 

B. How was the cost estimating method 

developed? 

In 1986, EPA developed a 

methodology to evaluate closure and 

post-closure cost estimates. The 

methodology is discussed in detail in 

Cost Estimates for Closure and PostClosure Care Plans (EPA/530–SW–87– 

009). The methodology provides EPA 

and state permit writers with a 

consistent, accurate and rapid method 

of evaluating cost estimates for closure 

and post-closure care of TSDFs. The 

software resulting from this effort is 

called CostPro. 

C. How long has CostPro been used? 

EPA first issued CostPro in 1996; it 

has been updated four times, the last of 

which was completed in 2001. 

D. Does this action apply to me? 

The methods and procedures set forth 

in CostPro are intended primarily for 

the use of EPA and state personnel in 

evaluating the adequacy of current cost 

estimates for closure and post-closure 

care of typical hazardous waste TSDFs. 

EPA has received a number of inquiries 

about CostPro from industry. To provide 

industry with our basis for these 

estimates, EPA will provide copies of 

CostPro upon request, as described in 

this notice. 

E. What are the benefits to the update 

of CostPro? 

The primary benefits to the update of 

CostPro are that (1) it will be on a 

MS.NET 2.0 platform in C#, which is a 

contemporary software platform and (2) 

the program data have been updated to 

2009 values. 

F. How is a CostPro estimate 

developed? 

CostPro’s general procedure for 

evaluating a cost estimate for a TSDF 

involves: 

• Identifying each facility waste 

management unit (e.g., container storage 

unit, tank, landfill, etc.) requiring 

closure or post-closure care; 

• Identifying the closure or postclosure care activities to be conducted at 

each waste management unit; 

• Completing inventory worksheets 

provided for each waste management 

unit; 

• Completing closure or post-closure 

care worksheets for primary and support 

worksheets for each waste management 

unit (e.g., removal, transportation and 

disposal of waste, building 

decontamination, and sampling and 

analysis, etc.); and, 

• Evaluating total cost summary 

worksheets for each waste management 

unit and for the facility as a whole. 

G. What are the sources of CostPro 

data? 

The primary sources of cost 

information include the 2009 R.S. 

Means Means Building Construction 

Cost Data and Means Site Work and 

Landscape Cost Data guides and the 

2006 Azimuth ECHOS (Environmental 

Cost Handling Options and Solutions) 

Environmental Remediation Cost Data 

guide. EPA has paid a fee to these 

companies for the use of these data by 

EPA and state government personnel 

only. Some data, e.g., costs for geotextile 

netting and geomembranes for landfills 

have been supplied by vendors. 

H. How can the public obtain a copy of 

CostPro? 

Because EPA’s license for use of the 

program data extends only to EPA and 

one copy for each state government, 

public users who want to obtain a copy 

of the software package (or state 

governments that want to obtain more 

than one copy of the software package) 

will be asked to pay a fee to R.S. Means 

for its use, and submit proof to EPA that 

appropriate permission has been 

obtained from the R.S. Means Company. 

Contact Peter Cholakis of R.S. Means at 

peter.cholakis@reedbusiness.com. EPA 

will then mail a CD to the requester. See 

EPA contact information above. 

Dated: May 11, 2009. 

Matt Hale, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. E9–11741 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket No. EPA–RO4–SFUND–2009–0320, 

FRL–8907–8] 

Lilburn Mercury Spill Superfund Site; 

Lilburn, Gwinnett County, GA; Notice 

of Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement for 

reimbursement of past response costs 

concerning the Lilburn Mercury Spill 

Superfund Site located in Lilburn, 

Gwinnett County, Georgia for 

publication. 

DATES: The Agency will consider public 

comments on the settlement until June 

19, 2009. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments, identified by 

Docket ID No. EPA–RO4–SFUND–2009– 

0320 or Site name Lilburn Mercury Spill 

Superfund Site by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• http://www.epa.gov/region4/waste/ 

sf/enforce.htm. 

• E-mail: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: May 7, 2009. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. E9–11829 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8907–9; Docket ID No. EPA–HQ–ORD– 

2009–0243] 

An Approach To Using Toxicogenomic 

Data in U.S. EPA Human Health Risk 

Assessments: A Dibutyl Phthalate 

(DBP) Case Study 

AGENCY: Environmental Protection 

Agency (EPA).