[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62109-62111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21535]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0247; FRL-7735-2]


Pennsylvania and Virginia State Plans for Certification of 
Applicators of Restricted Use Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent.

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SUMMARY: The States of Pennsylvania and Virginia have submitted to EPA 
amendments to their respective State Plans for Certification and 
Training of Applicators of Restricted Use Pesticides. The proposed 
amendments add new commercial categories for vertebrate pest control. 
Notice is hereby given of the intention of the Regional Administrator, 
Region III, to approve the revised Pennsylvania and Virginia Plans for 
the Certification of Applicators of Restricted Use Pesticides. EPA is 
soliciting comments on the proposed amendments.

DATES: Comments must be received on or before November 28, 2005.

ADDRESSES: Comments, identified by docket identification (ID) number 
OPP-2005-0247, 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: Fabiola Estrada, USEPA Region III, 
Pesticide/Asbestos Programs and Enforcement Branch (3WC32), 1650 Arch 
St., Philadelphia, PA 19103-2029; telephone number: (215) 814-2171; 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 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 OPP-2005-0247. 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 athttp://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 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 Pennsylvania and Virginia Certification Plans, 
other related documents, or additional information by contacting:
    1. Fabiola Estrada at the address listed under FOR FURTHER 
INFORMATION CONTACT.

[[Page 62110]]

    2. David Scott, Bureau of Plant Industry, Pennsylvania Dept. of 
Agriculture, 2301 North Cameron St., Harrisburg, PA 17110-9408; 
telephone number: 717-772-5214; e-mail: [email protected].
    3. Kathy Dictor, Virginia Department of Agriculture & Consumer 
Services, Office of Pesticide Services, 2221 Carbon Hill Drive, 
Midlothian, VA 23113; telephone number: 804-786-0685; e-mail: 
[email protected].
    4. Michelle Devaux, Field and External Affairs Division (7506C), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., 20460-0001; telephone number: (703) 305-7666; 
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 athttp://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-2005-0247. 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-2005-0247. 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-2005-0247.
    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 
NumberOPP-2005-0247. 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.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing 
yourcomments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you 
usedthat support your views.
    4. If you estimate potential burden or costs, explain how 
youarrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in thisnotice.
    7. To ensure proper receipt by EPA, be sure to identify the 
docketcontrol number assigned to this action in the subject line on the 
firstpage of your response. You may also provide the name, date, and 
Federal Register citation.

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 at 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 Pennsylvania and Virginia plans.

[[Page 62111]]

    These amendments will establish new commercial applicator 
categories. In the Pennsylvania plan, a ``Public Health--Vertebrate 
Pest Control'' category will be added to certify employees of U.S. 
Department of Agriculture, Wildlife Services (WS) for the use of 1080 
Livestock Protection Collar (LPC). In the Virginia plan, a ``Vertebrate 
Pest Control'' category will be added to certify employees of WS for 
the use of LPC and the M-44 Device (M-44). WS is authorized by Congress 
to manage wildlife damage. Pennsylvania and Virginia 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 
responsibilities.
    In October 1983, EPA Assistant Administrator for Solid Waste and 
Emergency Response, Lee M. Thomas, decided to permit the 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 
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 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 Pennsylvania and Virginia plans satisfy the specific 
training, recordkeeping, and reporting requirements for both LPC 1080 
and M-44.
    EPA has reviewed the new categories and announces its intentions to 
approve the amendments to the Pennsylvania and Virginia State Plans.

III. What Action is the Agency Taking?

    EPA has reviewed the revised Pennsylvania and Virginia 
Certification Plans and finds them in compliance with FIFRA and 40 CFR 
part 171 and is announcing its intention to approve the amended plans 
and seeks public comment.

List of Subjects

    Environmental protection, Education, Pesticides and pests.


    Dated: October 14, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-21535 Filed 10-27-05; 8:45 am]
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