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Federal Register / Vol. 73, No.

74 / Wednesday, April 16, 2008 / Notices 20627

ENVIRONMENTAL PROTECTION consider to be CBI or otherwise ENVIRONMENTAL PROTECTION


AGENCY protected through http:// AGENCY
www.regulations.gov or e-mail. The
[Docket# EPA–RO4–SFUND–2008–0269; [EPA–HQ–OPP–2003–0250; FRL–8358–9]
FRL–8554–9] http://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which Chromated Copper Arsenate Revised
Burke Street Lead Superfund Site; means EPA will not know your identity Risk Assessments; Notice of
Junction City, Boyle County, KY; or contact information unless you Availability and Solicitation of Risk
Notice of Settlements provide it in the body of your comment. Reduction Options
If you send an e-mail comment directly
AGENCY: Environmental Protection AGENCY: Environmental Protection
to EPA without going through http://
Agency (EPA). Agency (EPA).
www.regulations.gov, your e-mail
ACTION: Notice of Settlements. address will be automatically captured ACTION: Notice.

SUMMARY: Under section 122(h)(1) of the and included as part of the comment SUMMARY: This notice announces the
Comprehensive Environmental that is placed in the public docket and availability of EPA’s revised risk
Response, Compensation and Liability made available on the Internet. If you assessments for the restricted use
Act (CERCLA), the United States submit an electronic comment, EPA antimicrobial pesticide chromated
Environmental Protection Agency has recommends that you include your copper arsenate (CCA). In addition, this
entered into three settlements for name and other contact information in notice solicits public comment on risk
reimbursement of past response costs the body of your comment and with any reduction options for CCA and on EPA’s
concerning the Burke Street Lead disk or CD–ROM you submit. If EPA preliminary benefits assessment (Phase
Superfund Site located in Junction City, cannot read your comment due to 5 of 6–Phase Process). The public is
Boyle County, Kentucky. technical difficulties and cannot contact encouraged to suggest risk management
DATES: The Agency will consider public you for clarification, EPA may not be ideas or proposals to address the risks
comments on the settlements until May able to consider your comment. identified. EPA is developing a
16, 2008. The Agency will consider all Electronic files should avoid the use of Reregistration Eligibility Decision (RED)
comments received and may modify or special characters, any form of for CCA through the full, 6–Phase
withdraw its consent to the settlements encryption, and be free of any defects or public participation process that the
if comments received disclose facts or viruses. For additional information Agency uses to involve the public in
considerations which indicate that the about EPA’s public docket, visit the EPA developing pesticide reregistration and
settlements are inappropriate, improper, Docket Center homepage at http:// tolerance reassessment decisions.
or inadequate. www.epa.gov/epahome/dockets.htm. Through these programs, EPA is
ADDRESSES: Copies of the settlements ensuring that all pesticides meet current
Docket: All documents in the docket health and safety standards.
are available from Ms. Paula V. are listed in the http://
Batchelor. Submit your comments, DATES: Comments must be received on
www.regulations.gov index. Although or before June 16, 2008.
identified by Docket ID No. EPA–RO4– listed in the index, some information is
SFUND–2008–0269 or Site name Burke ADDRESSES: Submit your comments,
not publicly available, e.g., CBI or other
Street Lead Superfund Site by one of the identified by docket identification (ID)
information whose disclosure is
following methods: number EPA–HQ–OPP–2004–0402, by
• http://www.regulations.gov: Follow restricted by statute. Certain other
one of the following methods:
the on-line instructions for submitting material, such as copyrighted material, • Federal eRulemaking Portal: http://
comments. will be publicly available only in hard www.regulations.gov. Follow the on-line
• E-mail: Batchelor.Paula@epa.gov. copy. Publicly available docket instructions for submitting comments.
• Fax: 404/562–8842/Attn Paula V. materials are available either • Mail: Office of Pesticide Programs
Batchelor. electronically in http:// (OPP) Regulatory Public Docket (7502P),
Mail: Ms. Paula V. Batchelor, U.S. www.regulations.gov or in hard copy at Environmental Protection Agency, 1200
EPA Region 4, SD–SEIMB, 61 Forsyth the U.S. EPA Region 4 office located at Pennsylvania Ave., NW., Washington,
Street, SW., Atlanta, Georgia 30303. ‘‘In 61 Forsyth Street, SW., Atlanta, Georgia DC 20460–0001.
addition, please mail a copy of your 30303. Regional office is open from • Delivery: OPP Regulatory Public
comments on the information collection 7 a.m. until 6:30 p.m. Monday through Docket (7502P), Environmental
provisions to the Office of Information Friday, excluding legal holidays. Protection Agency, Rm. S–4400, One
and Regulatory Affairs, Office of Written comments may be submitted Potomac Yard (South Bldg.), 2777 S.
Management and Budget (OMB), Attn: to Ms. Batchelor within 30 calendar Crystal Dr., Arlington, VA. Deliveries
Desk Officer for EPA, 725 17th St. NW., days of the date of this publication. are only accepted during the Docket’s
Washington, DC 20503.’’ normal hours of operation (8:30 a.m. to
Instructions: Direct your comments to FOR FURTHER INFORMATION CONTACT: 4 p.m., Monday through Friday,
Docket ID No. EPA–RO4–SFUND–2008– Paula V. Batchelor at 404/562–8887. excluding legal holidays). Special
0269. EPA’s policy is that all comments Dated: April 1, 2008. arrangements should be made for
received will be included in the public deliveries of boxed information. The
Anita L. Davis,
docket without change and may be Docket Facility telephone number is
made available online at http:// Chief, Superfund Enforcement & Information (703) 305–5805.
www.regulations.gov, including any Management Branch, Superfund Division. Instructions: Direct your comments to
personal information provided, unless [FR Doc. E8–8158 Filed 4–15–08; 8:45 am] docket ID number EPA EPA–HQ–OPP–
jlentini on PROD1PC65 with NOTICES

the comment includes information BILLING CODE 6560–50–P 2004–0402. EPA’s policy is that all
claimed to be Confidential Business comments received will be included in
Information (CBI) or other information the docket without change and may be
whose disclosure is restricted by statute. made available on-line at http://
Do not submit information that you www.regulations.gov, including any

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20628 Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices

personal information provided, unless DC 20460–0001; telephone number: your estimate in sufficient detail to
the comment includes information (703) 603-0523; fax number: (703) 308- allow for it to be reproduced.
claimed to be Confidential Business 6467; e-mail address: vi. Provide specific examples to
Information (CBI) or other information wormell.lance@epa.gov. illustrate your concerns and suggest
whose disclosure is restricted by statute. alternatives.
SUPPLEMENTARY INFORMATION:
Do not submit information that you vii. Explain your views as clearly as
consider to be CBI or otherwise I. General Information possible, avoiding the use of profanity
protected through regulations.gov or e- or personal threats.
A. Does this Action Apply to Me? viii. Make sure to submit your
mail. The regulations.gov website is an
‘‘anonymous access’’ system, which This action is directed to the public comments by the comment period
means EPA will not know your identity in general, and may be of interest to a deadline identified.
or contact information unless you wide range of stakeholders including
II. Background
provide it in the body of your comment. environmental, human health, and
If you send an e-mail comment directly agricultural advocates; the chemical A. What Action is the Agency Taking?
to EPA without going through industry; pesticide users; and members EPA is making available the Agency’s
regulations.gov, your e-mail address of the public interested in the sale, revised risk assessments, initially issued
will be automatically captured and distribution, or use of pesticides. Since for comment through a Federal Register
included as part of the comment that is others also may be interested, the notice published on March 17, 2004 (69
placed in the docket and made available Agency has not attempted to describe all FR 12653) (FRL–7318-5); a response to
on the Internet. If you submit an the specific entities that may be affected comments; and related documents for
electronic comment, EPA recommends by this action. If you have any questions CCA. EPA also is releasing for public
that you include your name and other regarding the applicability of this action comment a preliminary benefits
contact information in the body of your to a particular entity, consult the person assessment for CCA. EPA developed the
comment and with any disk or CD-ROM listed under FOR FURTHER INFORMATION risk assessments for CCA as part of its
you submit. If EPA cannot read your CONTACT. public process for making pesticide
comment due to technical difficulties B. What Should I Consider as I Prepare reregistration eligibility and tolerance
and cannot contact you for clarification, My Comments for EPA? reassessment decisions. Through these
EPA may not be able to consider your programs, EPA is ensuring that
comment. Electronic files should avoid 1. Submitting CBI. Do not submit this pesticides meet current standards under
the use of special characters, any form information to EPA through the Federal Insecticide, Fungicide, and
of encryption, and be free of any defects regulations.gov or e-mail. Clearly mark Rodenticide Act (FIFRA) and the
or viruses. the part or all of the information that Federal Food, Drug, and Cosmetic Act
Docket: All documents in the docket you claim to be CBI. For CBI (FFDCA), as amended, by the Food
are listed in the docket index available information in a disk or CD-ROM that Quality Protection Act of 1996 (FQPA).
in regulations.gov. To access the you mail to EPA, mark the outside of the The registered pesticides assessed in
electronic docket, go to http:// disk or CD-ROM as CBI and then this reregistration case are arsenic acid,
www.regulations.gov, select ‘‘Advanced identify electronically within the disk or arsenic pentoxide, chromic acid, and
Search,’’ then ‘‘Docket Search.’’ Insert CD-ROM the specific information that is sodium dichromate. The chemical case
the docket ID number where indicated claimed as CBI. In addition to one is generically referred to as ‘‘CCA’’,
and select the ‘‘Submit’’ button. Follow complete version of the comment that although it also includes wood
the instructions on the regulations.gov includes information claimed as CBI, a preservative uses of other inorganic
website to view the docket index or copy of the comment that does not arsenic-based wood preservatives such
access available documents. Although contain the information claimed as CBI as ammoniacal copper zinc arsenate
listed in the index, some information is must be submitted for inclusion in the (ACZA).
not publicly available, e.g., CBI or other public docket. Information so marked CCA is a chemical wood preservative
information whose disclosure is will not be disclosed except in containing chromium, copper and
restricted by statute. Certain other accordance with procedures set forth in arsenic. CCA is used in pressure treated
material, such as copyrighted material, 40 CFR part 2. wood to protect wood from rotting due
is not placed on the Internet and will be 2. Tips for preparing your comments. to insects and microbial agents. EPA has
publicly available only in hard copy When submitting comments, remember classified CCA as a restricted use
form. Publicly available docket to: product, for use only by certified
materials are available either in the i. Identify the document by docket ID pesticide applicators.
electronic docket at http:// number and other identifying CCA has been used to pressure treat
www.regulations.gov, or, if only information (subject heading, Federal lumber since the 1940s. Since the 1970s,
available in hard copy, at the OPP Register date and page number). the majority of the wood used in
Regulatory Public Docket in Rm. S– ii. Follow directions. The Agency may outdoor residential settings has been
4400, One Potomac Yard (South Bldg.), ask you to respond to specific questions CCA-treated wood. Pressure treated
2777 S. Crystal Dr., Arlington, VA. The or organize comments by referencing a wood containing CCA is no longer being
hours of operation of this Docket Code of Federal Regulations (CFR) part produced for use in most residential
Facility are from 8:30 a.m. to 4 p.m., or section number. settings, including decks and playsets.
Monday through Friday, excluding legal iii. Explain why you agree or disagree; Virtually all residential uses of CCA
holidays. The Docket Facility telephone suggest alternatives and substitute were voluntarily cancelled effective
number is (703) 305–5805. language for your requested changes. December 31, 2003 and, therefore, are
jlentini on PROD1PC65 with NOTICES

FOR FURTHER INFORMATION CONTACT: iv. Describe any assumptions and not included in this reregistration case.
Lance Wormell, Antimicrobials Division provide any technical information and/ EPA’s risk assessment for previously
(7510P), Office of Pesticide Programs, or data that you used. registered residential uses is also
Environmental Protection Agency, 1200 v. If you estimate potential costs or available in docket EPA–HQ–OPP–
Pennsylvania Ave., NW., Washington, burdens, explain how you arrived at 2003–0250.

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Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices 20629

EPA is providing an opportunity, ENVIRONMENTAL PROTECTION the comment includes information


through this notice, for interested AGENCY claimed to be Confidential Business
parties to provide risk management Information (CBI) or other information
[EPA–HQ–OPP–2008–0248; FRL–8361–5]
proposals or otherwise comment on risk whose disclosure is restricted by statute.
management for CCA. Risks of concern Creosote Revised Risk Assessments Do not submit information that you
identified in the revised assessments and Qualitative Economic Analysis of consider to be CBI or otherwise
include worker risks (cancer and non- the Alternatives; Notice of Availability protected through regulations.gov or e-
cancer) resulting from dermal/ and Solicitation of Risk Reduction mail. The regulations.gov website is an
inhalation exposure to arsenic and Options ‘‘anonymous access’’ system, which
inhalation exposure to chromium. means EPA will not know your identity
AGENCY: Environmental Protection or contact information unless you
EPA is applying the principles of
Agency (EPA). provide it in the body of your comment.
public participation to all pesticides
undergoing reregistration and tolerance ACTION: Notice. If you send an e-mail comment directly
reassessment. The Agency’s Pesticide to EPA without going through
SUMMARY: This notice announces the regulations.gov, your e-mail address
Tolerance Reassessment and availability of EPA’s revised risk will be automatically captured and
Reregistration; Public Participation assessments for the pesticide creosote. included as part of the comment that is
Process, published in the Federal In addition, this notice solicits public placed in the docket and made available
Register on May 14, 2004 (69 FR 26819) comment on risk reduction options for on the Internet. If you submit an
(FRL–7357–9), explains that in creosote as well as solicits comments on electronic comment, EPA recommends
conducting these programs, EPA is the qualitative economic impacts that you include your name and other
tailoring its public participation process analysis, (Phase 5 of 6–Phase Process). contact information in the body of your
to be commensurate with the level of EPA is developing a Reregistration comment and with any disk or CD-ROM
risk, extent of use, complexity of issues, Eligibility Decision (RED) for creosote you submit. If EPA cannot read your
and degree of public concern associated through the full, 6–Phase public comment due to technical difficulties
with each pesticide. Due to its uses, participation process that the Agency and cannot contact you for clarification,
risks, and other factors, CCA is being uses to involve the public in developing EPA may not be able to consider your
reviewed through the full 6–Phase pesticide reregistration and tolerance comment. Electronic files should avoid
public participation process. reassessment decisions. Through these the use of special characters, any form
All comments should be submitted programs, EPA is ensuring that all of encryption, and be free of any defects
using the methods in ADDRESSES, and pesticides meet current health and or viruses.
must be received by EPA on or before safety standards. Docket: All documents in the docket
the closing date. Comments and DATES: Comments must be received on are listed in the docket index available
proposals will become part of the or before June 16, 2008. in regulations.gov. To access the
Agency Docket for CCA. Comments ADDRESSES: Submit your comments, electronic docket, go to http://
received after the close of the comment identified by docket identification (ID) www.regulations.gov, select ‘‘Advanced
period will be marked ‘‘late.’’ EPA is not number EPA–HQ–OPP–2008–0248, by Search,’’ then ‘‘Docket Search.’’ Insert
required to consider these late one of the following methods: the docket ID number where indicated
comments. • Federal eRulemaking Portal: and select the ‘‘Submit’’ button. Follow
After considering comments received, http://www.regulations.gov. Follow the the instructions on the regulations.gov
EPA will develop and issue the CCA on-line instructions for submitting website to view the docket index or
RED. comments. access available documents. Although,
• Mail: Office of Pesticide Programs listed in the index, some information is
B. What is the Agency’s Authority for (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other
Taking this Action? Environmental Protection Agency, 1200 information whose disclosure is
Pennsylvania Ave., NW., Washington, restricted by statute. Certain other
Section 4(g)(2) of FIFRA, as amended, material, such as copyrighted material,
directs that, after submission of all data DC 20460–0001.
• Delivery: OPP Regulatory Public is not placed on the Internet and will be
concerning a pesticide active ingredient, publicly available only in hard copy
‘‘the Administrator shall determine Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One form. Publicly available docket
whether pesticides containing such materials are available either in the
active ingredient are eligible for Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries electronic docket at http://
reregistration,’’ before calling in product www.regulations.gov, or, if only
specific data on individual end-use are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to available in hard copy, at the OPP
products and either reregistering Regulatory Public Docket in Rm. S–
products or taking other ‘‘appropriate 4 p.m., Monday through Friday,
excluding legal holidays). Special 4400, One Potomac Yard (South Bldg.),
regulatory action.’’ 2777 S. Crystal Dr., Arlington, VA. The
arrangements should be made for
deliveries of boxed information. The hours of operation of this Docket
List of Subjects Facility are from 8:30 a.m. to 4 p.m.,
Docket Facility telephone number is
Environmental protection, Pests and (703) 305–5805. Monday through Friday, excluding legal
pesticides. Instructions: Direct your comments to holidays. The Docket Facility telephone
docket ID number EPA–HQ–OPP–2008– number is (703) 305–5805.
Dated: April 7, 2008.
0248. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT:
jlentini on PROD1PC65 with NOTICES

Frank Sanders received will be included in the docket Jacqueline Cambpell-McFarlane,


Director, Antimicrobials Division, Office of without change and may be made Antimicrobials Division (7510P), Office
Pesticide Programs. available on-line at http:// of Pesticide Programs, Environmental
[FR Doc. E8–8168 Filed 4–15–08; 8:45 am] www.regulations.gov, including any Protection Agency, 1200 Pennsylvania
BILLING CODE 6560–50–S personal information provided, unless Ave., NW., Washington, DC 20460–

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