[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Notices]
[Pages 1708-1710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-513]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0024; FRL-7344-9]


Utah State Plan for Certification of Applicators; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent.

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SUMMARY: The State of Utah has submitted to EPA several amendments to 
its State Plan for Certification of Pesticide Applicators. The proposed 
amendments add new subcategories as well as a Memorandum of 
Understanding regarding future implementation of an EPA federal 
pesticide certification program for the Navajo Indian Country. Notice 
is hereby given of the intention of the Regional Administrator, Region 
VIII, to approve the revised Plan for the Certification of Applicators. 
EPA is soliciting comments on the proposed amendments.

DATES: Comments, identified by docket identification (ID) number OPP-
2004-0024 must be received on or before February 9, 2005.

ADDRESSES: Comments 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: Barbara Barron, Pesticide Program, 8P-
P3T, Environmental Protection Agency, Region VIII, 999 18th St., Suite 
300, Denver, CO 80202-2466; telephone number: (303) 312-6617; e-mail 
address: [email protected]; or
    Jeanne Kasai, Field and External Affairs Division (7506C), Office 
of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 308-3240; fax number: (703) 308-2962; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to those involved in agriculture and anyone 
involved with the distribution and application of pesticides for 
agricultural purposes. Others involved with pesticides in a non-
agricultural setting may also be affected. In addition, it may be of 
interest to others, such as, those persons who are or may be required 
to conduct testing of chemical substances under the Federal Food, Drug, 
and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). Since other entities may also 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 either 
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 identification (ID) number OPP-2004-0024. 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/.
    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/ to submit or view public 
comments, 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. 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. 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

[[Page 1709]]

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.
    In addition to the sources listed in this unit, you may obtain 
copies of the amended Utah Certification Plan, other related documents, 
or additional information by contacting:
    1. Barbara Barron, Pesticide Program, 8P-P3T, Environmental 
Protection Agency, Region VIII, 999 18th St., Suite 300, Denver, CO 
80202-2466; telephone number: (303) 312-6617; e-mail address: 
[email protected].
    2. Clark Burgess, Utah Department of Agriculture and Food (UDAF), 
P.O. Box 146500, Salt Lake City, UT 84114-6500; telephone number: (801) 
538-7188; e-mail address: [email protected].
    3. Jeanne Kasai, Field and External Affairs Division (7506C), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., 20460-0001; telephone number: (703) 308-3240; 
e-mail address: [email protected].

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 e-mail 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 
OPP-2004-0024. 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 [email protected], 
Attention: Docket ID Number OPP-2004-0024. 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 OPP-2004- 0024.
    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 OPP-2004-0024. 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 notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified under FOR FURTHER INFORMATION CONTACT.

II. Background

    FIFRA section 3 requires that pesticide applicators become 
certified to purchase, use, or supervise the use of restricted use 
pesticides. FIFRA section 11 allows EPA to designate the pesticide 
applicator certification program to states with EPA-approved plans. 
Federal regulations (40 CFR 171.7) describe what constitutes an EPA-
approved plan and (40 CFR 171.8) requires that any substantial 
modification to a plan must receive prior approval from the 
Administrator. EPA is seeking public comment on amendments that are 
substantial modifications to the Utah plan.
    This amendment will establish two new subcategories under the 
existing regulatory pest control category: Predator Control/1080 
Livestock Protection Collar (LPC) and Predator Control/M-44 Device (M-
44). In October 1983, EPA Assistant Administrator for Solid Waste and 
Emergency Response, Lee M. Thomas, decided to permit registration of 
1080 LPC based on an Administrative Law Judge ruling. The decision 
requires applicators of 1080 LPC to receive specific training and to 
comply with recordkeeping and reporting requirements beyond that of

[[Page 1710]]

applicators of restricted use pesticides. Therefore, a distinct 
certification process is required in any state wanting to certify 
applicators of 1080 LPC. The M-44 Device (M-44) is used by certified 
applicators to control predators of livestock and poultry. Similar to 
LPC 1080, M-44 has specific use restrictions that go beyond those 
required for most other categories of applicators of restricted use 
pesticides. The amendments to the Utah plan satisfy the specific 
training, recordkeeping, and reporting requirements for both LPC 1080 
and M-44.
    The Utah Department of Agriculture and Food (UDAF) will only be 
certifying employees of the U.S. Department of Agriculture, Wildlife 
Services (WS) and cooperative UDAF employees under the direct 
supervision of WS to use 1080 LPC and M-44 in performance of their 
official duties. WS is authorized by Congress to manage wildlife 
damage. UDAF certification of WS employees as pesticide applicators 
will allow them to purchase, use, and supervise the use of 1080 LPC and 
M-44 to carry out their responsibility in Utah.
    UDAF also proposes the following new categories and subcategories 
for commercial applicators: Vertebrate Pest Control; Fumigation/Stored-
Commodities Pest Control; Wood-Preservation Pest Control and Wood-
Destroying Organisms Pest Control. Under the Aquatic Pest Control 
category for commercial applicators, Utah is proposing new 
subcategories for Surface Water and Sewer Root Control. The plan also 
includes a general provision for proper transportation, storage and 
disposal of pesticides and pesticide containers.
    UDAF is also adding a Memorandum of Understanding (MOU) with EPA 
Region 9 (San Francisco, CA) in anticipation of an EPA Region 9 program 
to certify applicators of restricted use pesticides in Navajo Indian 
Country. EPA Region 9 expects to issue a certificate to applicators 
already possessing a valid certificate from UDAF. The MOU establishes 
the roles of UDAF and EPA Region 9 to implement the anticipated 
program.
    EPA finds that the proposed amendment permitting certification of 
1080 LPC applicators meets the criteria specified in the Final Decision 
of October 1983, that requires applicators of 1080 LPC to receive 
specific training, recordkeeping and reporting requirements beyond that 
of other restricted use pesticides. In addition, EPA has determined 
that the proposed M-44 sodium cyanide device amendment complies with 
specific registration requirements. EPA has reviewed the new categories 
and subcategories, the provisions for transportation, storage and 
disposal, and the MOU with EPA Region 9 to certify applicators of 
restricted use pesticides in Navajo Indian Country. Therefore, EPA 
announces its intentions to approve the amendment to the Utah State 
Certification Plan.

III. What Action is the Agency Taking?

    EPA has reviewed the revised Utah Certification Plan and finds it 
in compliance with FIFRA and 40 CFR part 171. Therefore, EPA announces 
its intentions to approve the amendment to the Utah State Certification 
Plan permitting certification of 1080 LPC applicators and M-44 sodium 
cyanide device applicators. EPA is soliciting comments on the proposed 
amendments.

List of Subjects

    Environmental protection, Education, Pesticides and pests.


    Dated: October 21, 2004.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 05-513 Filed 1-6-05; 2:31 pm]
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