[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Page 47583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22277]
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ENVIROMENTAL PROTECTION AGENCY
[FRL-8957-4]
Notice of U.S. Environmental Protection Agency Region III's Use
of Web Site to Provide Notice of Intent To Terminate Pesticide
Producing Establishment Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information Notice.
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SUMMARY: EPA Region III is announcing that it will be using its Web
site to provide public notice of its intent to terminate pesticide
producing establishment registrations under section 7 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) in cases where it
is unable to provide notice of its intent to terminate directly.
FOR FURTHER INFORMATION CONTACT: Kyla Townsend-McIntyre, Pesticides and
Asbestos Programs Branch (3LC62), EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029; telephone (215) 814-2045; fax (215) 814-
3113; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: Section 7 of FIFRA requires that all
establishments that produce pesticides, active ingredients used in
producing pesticides, or devices subject to FIFRA be registered with
EPA, and that all such establishments submit annual pesticide
production reports to EPA. EPA regulations at 40 CFR part 167 establish
requirements concerning these annual pesticide production reports
including the types of information to be included in annual pesticide
production reports (40 CFR 167.85). The regulations require annual
pesticide production reports to be submitted to the EPA Regional Office
which serves the area where the establishment is located (40 CFR
167.90). For establishments that are not found at the same location as
their company headquarters, the regulations require the annual
pesticide production reports to be submitted to the EPA Regional Office
that has jurisdiction over the State in which the company headquarters
is located (40 CFR 167.90). EPA's Region III office serves
establishments or establishments with company headquarters located in
Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the
District of Columbia (40 CFR 1.7).
The regulations state that establishment registrations are subject
to termination if annual pesticide production reports are not submitted
(40 CFR 167.20(f)). Upon deciding to terminate an establishment
registration based on the failure to submit annual pesticide production
reports, EPA Region III generally sends a notice of intent to terminate
letter (NOIT) directly to the establishment registrant via certified
mail with return receipt requested, or by other reliable delivery
service that provides written verification of delivery. If the
establishment registrant does not submit the missing pesticide
production report(s) by the deadline set forth in the NOIT, EPA Region
III will issue it a notice of termination letter (NOT).
NOITs are generally mailed to the establishment registrant's last
address of record. Occasionally, such notices are returned as
undeliverable and, despite reasonable efforts to locate such
registrants, EPA Region III is unable to directly notify them of its
intent to terminate their establishment registrations. In the past, EPA
used the Federal Register to provide public notice of its intent to
terminate such registrations. EPA Region III will now be using its Web
site to provide public notice of its intent to terminate such
establishment registrations. The Web site address is: http://www.epa.gov/reg3wcmd/pesticides.htm.
EPA Region III will continue to first attempt to provide NOITs
directly to establishment registrants at their last address of record.
In cases where such notices are returned as undeliverable, and when
reasonable subsequent efforts to locate such parties are unsuccessful,
EPA Region III will use its Web site to provide public notice of its
intent to terminate such registrations. This notice addresses
establishments or establishments with company headquarters located in
Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the
District of Columbia only.
Dated: September 3, 2009.
Abraham Ferdas,
Director, Land and Chemicals Division, Region III.
[FR Doc. E9-22277 Filed 9-15-09; 8:45 am]
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