[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 77014-77015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21973]


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 ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0847; FRL-8102-8]


Colorado State Plan for Certification of Applicators of 
Restricted Use Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to approve, on a contingent basis.

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SUMMARY:  The State of Colorado has submitted to EPA several statutory, 
regulatory, and programmatic amendments to its State Plan for 
Certification and Training of Applicators of Restricted Use Pesticides 
(RUPs). The amended State Plan provides details for the certification 
of both private and commercial pesticide applicators and subsequent 
enforcement of pesticide laws and regulations pursuant to the Colorado 
Pesticide Applicators' Act. EPA is currently responsible for certifying 
private applicators of RUPs in Colorado, while the Colorado Department 
of Agriculture is responsible for certifying commercial applicators of 
RUPs. EPA approval of Colorado's amended State Plan will allow Colorado 
to assume regulatory authority for certification of both private and 
commercial applicators of RUPs. In addition, the amended State Plan 
adds three new commercial pesticide applicator subcategories: Metam-
sodium for sewer root control; wood preservation and wood products 
treatment; and interior plant pest control. Notice is hereby given of 
the intention of the Regional Administrator, Region VIII, to approve 
the revised Plan for the Certification of Applicators of Restricted Use 
Pesticides on a contingency basis, as provided at 40 CFR 
171.7(b)(1)(ii). Approval of the amended State Plan is contingent upon 
the promulgation of revised State Rules and Regulations pertaining to 
the Administration and Enforcement of the Colorado Pesticide 
Applicators' Act on January 1, 2007. EPA is soliciting comments on the 
proposed amendments.

DATES: Comments must be received on or before January 22, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0847, 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 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket'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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0847. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online 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 e-mail. The 
Federal 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. 
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 athttp://www.regulations.gov, or, if only 
available in hard copy, at the OPP Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
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 telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Peg Perreault, Pollution Prevention, 
Pesticides, and Toxics Program (8P-P3T), 999 18th St., Suite 200, 
Denver, CO 80202-2466; telephone number:

[[Page 77015]]

(303) 312-6286; 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified. In addition to the sources listed in this unit, 
you may obtain copies of the amended Colorado Certification Plan, other 
related documents, or additional information by contacting:
    1. Peg Perreault at the address listed under FOR FURTHER 
INFORMATION CONTACT.
    2. John Scott, Colorado Department of Agriculture, 700 Kipling St., 
Suite 4000, Lakewood, CO 80215; telephone number: (303) 239-4178; e-
mail address: [email protected].
    3. Richard Pont, Field and External Affairs Division (7506C), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 305-6448; e-mail address: [email protected].

 II. What Action is the Agency Taking?

    EPA has reviewed the revised Colorado Certification Plan and has 
determined that it complies with FIFRA and its implementing regulations 
at 40 CFR part 171. Accordingly, the Agency is announcing its intent to 
approve the amended State Plan on a contingency basis pending 
promulgation of revised Colorado Rules and Regulations Pertaining to 
the Administration and Enforcement of the Colorado Pesticide 
Applicators' Act on January 1, 2007, and is seeking public comment.

List of Subjects

    Environmental protection, Education, Pests and pesticides.


    Dated: December 5, 2006.

Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. E6-21973 Filed 12-21-06; 8:45 am]
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