Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23707 

application with all Worksheets must be 

on file with EPA. You must submit 

Worksheets 1, 2B, 2C, 2D, 4, 5, and 6 in 

full regardless of whether you submitted 

an application in 2008. You need only 

complete the remaining worksheets if 

any information has changed since 

2008. If you submitted a critical use 

exemption application to EPA in 2002, 

2003, 2004, 2005, 2006, or 2007 but did 

not submit an application in 2008, then 

you must submit all of the worksheets 

in the application again in their entirety. 

II. What is the legal authority for the 

critical use exemption? 

A. What is the Clean Air Act (CAA) 

authority for the critical use exemption? 

The October 1998 amendments to the 

Clean Air Act added sections 604(d)(6), 

604(e)(3), and 604(h), requiring EPA to 

conform the U.S. phaseout schedule for 

methyl bromide to the provisions of the 

Montreal Protocol for industrialized 

countries. Under this schedule methyl 

bromide was phased out starting in 

2005. Additionally, the 1998 

amendment allowed EPA to exempt the 

production and import of methyl 

bromide from the phaseout for critical 

uses starting January 1, 2005, to the 

extent consistent with the Montreal 

Protocol. 

B. What is the Montreal Protocol 

authority for the critical use exemption? 

The Montreal Protocol provides an 

exemption to the phaseout of methyl 

bromide for critical uses in Article 2H, 

paragraph 5. The Parties to the Protocol 

included such an exemption in 

recognition that alternatives might not 

be available by 2005 for certain uses of 

methyl bromide agreed by the Parties to 

be ‘‘critical uses.’’ 

In their Ninth Meeting (1997), the 

Parties to the Protocol agreed to 

Decision IX/6, setting forth the 

following criteria for a ‘‘critical use’’ 

determination: 

(a) That a use of methyl bromide 

should qualify as ‘‘critical’’ only if the 

nominating Party determines that: 

(i) The specific use is critical because 

the lack of availability of methyl 

bromide for that use would result in a 

significant market disruption; and 

(ii) There are no technically and 

economically feasible alternatives or 

substitutes available to the user that are 

acceptable from the standpoint of 

environment and health and are suitable 

to the crops and circumstances of the 

nomination. 

(b) That production and consumption, 

if any, of methyl bromide for a critical 

use should be permitted only if: 

(i) All technically and economically 

feasible steps have been taken to 

minimize the critical use and any 

associated emission of methyl bromide; 

(ii) Methyl bromide is not available in 

sufficient quantity and quality from 

existing stocks of banked or recycled 

methyl bromide, also bearing in mind 

the developing countries’ need for 

methyl bromide; 

(iii) It is demonstrated that an 

appropriate effort is being made to 

evaluate, commercialize and secure 

national regulatory approval of 

alternatives and substitutes, taking into 

consideration the circumstances of the 

particular nomination . * * * NonArticle 5 Parties [e.g., the U.S.] must 

demonstrate that research programs are 

in place to develop and deploy 

alternatives and substitutes. * * * 

A Class I controlled substance that 

was produced or imported through the 

expenditure of allowances prior to its 

phaseout date can continue to be used 

by industry and the public after that 

specific chemical’s phaseout under 

EPA’s phaseout regulations, unless 

otherwise precluded under separate 

regulations. 

III. How is the U.S. implementing the 

critical use exemption? 

Under the provisions of both the CAA 

and the Montreal Protocol, the critical 

use exemption became available to 

approved users on January 1, 2005. 

There is both a domestic and 

international component to the critical 

use exemption process. The following 

outline projects a timeline for the 

process for the next three years. 

May 20, 2009: Solicit applications for 

the methyl bromide critical use 

exemption for 2012. 

July 20, 2009: Deadline for submitting 

critical use exemption applications to 

EPA. 

Fall 2009: U.S. Government (through 

EPA, Department of State, U.S. 

Department of Agriculture, and other 

interested federal agencies) prepares 

U.S. Critical Use Nomination package. 

January 24, 2010: Deadline for U.S. 

Government to submit U.S. nomination 

package to the Protocol Parties. 

Early 2010: Technical and Economic 

Assessment Panel (TEAP) and Methyl 

Bromide Technical Options Committee 

(MBTOC) reviews Parties’ nominations 

for critical use exemptions. 

Mid 2010: Parties consider TEAP/ 

MBTOC recommendations. 

November 2010: Parties authorize 

critical use exemptions for methyl 

bromide for production and 

consumption in 2012. 

Mid 2011: EPA publishes proposed 

rule for allocating critical use 

exemptions in the U.S. for 2012. 

Late 2011: EPA publishes final rule 

allocating critical use exemptions in the 

U.S. for 2012. 

January 1, 2012: Critical use 

exemption permits the limited 

production and import of methyl 

bromide for specified uses for the 2012 

control period. 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

Dated: May 4, 2009. 

Brian J. McLean, 

Director, Office of Atmospheric Programs. 

[FR Doc. E9–11742 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8908–4] 

Good Neighbor Environmental Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: Under the Federal Advisory 

Committee Act, Public Law 92–463, 

EPA gives notice of a meeting of the 

Good Neighbor Environmental Board 

(Board). The Board meets three times 

each calendar year, twice at different 

locations along the U.S. border with 

Mexico, and once in Washington, DC. It 

was created in 1992 by the Enterprise 

for the Americas Initiative Act, Public 

Law 102–532, 7 U.S.C. 5404. 

Implementing authority was delegated 

to the Administrator of EPA under 

Executive Order 12916. The Board is 

responsible for providing advice to the 

President and the Congress on 

environmental and infrastructure issues 

and needs within the States contiguous 

to Mexico in order to improve the 

quality of life of persons residing on the 

United States side of the border. The 

statute calls for the Board to have 

representatives from U.S. Government 

agencies; the states of Arizona, 

California, New Mexico and Texas; and 

tribal and private organizations to 

provide advice on environmental and 

infrastructure issues along the US/ 

Mexico Border. 

The purpose of the meeting is to 

discuss environment priorities in the 

border region and to form workgroups 

that will begin drafting the Board’s next 

report. The meeting will include a 

planning session, a business meeting 

and a public comment session. A copy 

of the meeting agenda will be posted at 

http://www.epa.gov/ocem/gneb. 

DATES: The Good Neighbor 

Environmental Board will hold an open 

meeting on Wednesday, June 10, from 

23708 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

8:30 a.m. (registration at 8 a.m.) to 5:30 

p.m. The following day, June 11, the 

Board will hold a business meeting from 

8 a.m. until 12 p.m. 

ADDRESSES: The meeting will be held at 

Sycuan Resort, 3007 Dehesa Road, El 

Cajon, CA 92019, phone number 619/ 

442–3425. The meeting is open to the 

public, with limited seating on a firstcome, first-served basis. 

FOR FURTHER INFORMATION CONTACT: 

Mark Joyce, Designated Federal Officer, 

joyce.mark@epa.gov, 202–564–3120, 

U.S. EPA, Office of Cooperative 

Environmental Management (1601M), 

1200 Pennsylvania Avenue NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: If you 

wish to make oral comments or submit 

written comments to the Board, please 

contact Mark Joyce at least five days 

prior to the meeting. 

General Information: Additional 

information concerning the GNEB can 

be found on its Web site at http:// 

www.epa.gov/ocem/gneb. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Mark Joyce at 

202–564–2130 or by e-mail at 

joyce.mark@epa.gov. To request 

accommodation of a disability, please 

contact Mark Joyce at least 10 days prior 

to the meeting to give EPA as much time 

as possible to process your request. 

Dated: May 13, 2009. 

Mark Joyce, 

Designated Federal Officer. 

[FR Doc. E9–11751 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007-0837; FRL–8414–2] 

Malathion; Notice of Receipt of 

Requests To Voluntarily Cancel or To 

Amend To Terminate Uses of Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of requests by the 

registrants to voluntarily cancel or 

amend their registrations to terminate 

uses of certain products containing the 

pesticide malathion. The requests 

would terminate the malathion uses 

listed with their respective products in 

Table 2. The requests would not 

terminate the last malathion products 

registered for use in the United States. 

EPA intends to grant these requests at 

the close of the comment period for this 

announcement unless the Agency 

receives substantive comments within 

the comment period that would merit its 

further review of the requests, or unless 

the registrants withdraw their requests 

within this period. Upon acceptance of 

these requests, any sale, distribution, or 

use of products listed in this notice will 

be permitted only if such sale, 

distribution, or use is consistent with 

the terms as described in the final order. 

DATES: Comments must be received on 

or before June 19, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2007-0837, 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–2007- 

0837. 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 

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: Eric 

Miederhoff, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 347– 

8028; fax number: (703) 308–7070; email address: miederhoff.eric@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.