[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40023-40025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13768]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0191; FRL-7723-6]
Request for Public Comment on Proposed Settlement Agreement
Involving Pesticides and the Endangered Species Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for public comments
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SUMMARY: EPA is making available for comment a proposed Settlement
Agreement that would establish a series of deadlines for the Agency to
make ``effects determinations'' on pesticides containing any of six
active ingredients to determine their potential effects on the Barton
Springs Salamander, Eurycea sosorum, or its designated critical
habitat. If the Agency determines a pesticide ``may affect and is
likely to adversely affect'' the listed species, the Agency will
initiate formal consultation with the U.S. Fish and Wildlife Service
(FWS). EPA will evaluate all comments received during the public
comment period to determine whether all or part of the proposed
Settlement Agreement warrants reconsideration. This proposed Settlement
Agreement, if entered by the Court, would resolve a lawsuit brought
against EPA by the Center for Biological Diversity and the Save Our
Springs Alliance (jointly, plaintiffs).
DATES: Comments must be received on or before July 27, 2005.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number OPP-2005-0191, by one of the following methods:
Agency Website:http://www.epa.gov/edocket/. EDOCKET,
[[Page 40024]]
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Comments may be sent by e-mail to[email protected], Attention: Docket ID NumberOPP-2005-0191.
Mail: 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-2005-0191.
Hand Delivery: 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-2005-0191. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to docket ID number OPP-2005-
0191. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.epa.gov/edocket/, 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 EDOCKET or e-mail.
EDOCKET 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 EDOCKET, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public 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. For additional information about EPA's public
docket visit EDOCKET on-line.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket/. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in EDOCKET or in hard
copy 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.
FOR FURTHER INFORMATION CONTACT: Arty Williams, Field and External
Affairs Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5239; fax number: (703) 308-3259; 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, and may be of
particular interest to the Center for Biological Diversity, Save Our
Springs Alliance, other environmental or public interest groups, Texas
state regulatory partners, other interested Federal agencies, pesticide
registrants, and pesticide users. 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?
Electronic access. In addition to using EDOCKET(http://www.epa.gov/edocket/) you may access thisFederal Register document electronically
through the EPA Internet under the ``Federal Register'' listings
athttp://www.epa.gov/fedrgstr/.
The proposed Settlement Agreement and other relevant documents are
available electronically through EPA's electronic public docket and
comment system, EDOCKET. Go to http://www.epa.gov/edocket/ to submit or
view public comments, to access the index listing of the contents of
the docket, and to access those documents in the public docket that are
available electronically. Once in the system, select ``search,'' then
key in the docket ID number OPP-2005-0191. The proposed Settlement
Agreement and other relevant documents may also be accessed on EPA's
website, www.epa.gov/pesticides, both under the heading ``What's New?''
and ``Open Comment Periods.''
C. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI information to EPA. Should EPA
determine as a result of any comments received during the 15-day public
comment period that all or part of the proposed Settlement Agreement
merits reconsideration, EPA will provide the plaintiffs with a written
request for further negotiations and a copy of all comments related to
EPA's basis for such negotiations. Therefore, EPA will construe the
submission of a comment as a waiver of any confidential business claim
as to that comment.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the 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 section numbers.
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.
II. Background
On January 26, 2004, plaintiffs filed a lawsuit in federal district
court for the District of Columbia alleging that EPA failed to comply
with sections 7(a)(1) and 7(a)(2) of the Endangered Species Act (ESA),
16 U.S.C. 1536(a)(1)-(2). CBD v. EPA, Case No. 1:04-cv-00126-CKK
[[Page 40025]]
(District Court for the District of Columbia).
EPA has reached an agreement with the plaintiffs. The agreement is
embodied in a proposed Settlement Agreement. The proposed Settlement
Agreement sets a series of deadlines for the Agency to make ``effects
determinations'' on the potential for pesticides containing any of six
active ingredients--atrazine, diazinon, carbaryl, prometon,
metolachlor, and simazine--to affect the Barton Springs Salamander,
Eurycea sosorum, or its designated critical habitat. An ``effects
determination'' considers whether use of a pesticide: (1) Has no effect
on a listed species; (2) may affect but is not likely to adversely
affect a listed species; or (3) may affect and is likely to adversely
affect a listed species. If the Agency determines a pesticide ``may
affect and is likely to adversely affect'' the Barton Springs
Salamander or designated critical habitat, EPA will initiate formal
consultation with the U.S. Fish and Wildlife Service (FWS) as described
in the Settlement Agreement.
In addition, during the pendency of the schedule for effects
determinations outlined in the Settlement Agreement, the plaintiffs
agree not to seek any injunction or other use restriction for any of
the pesticides subject to the Settlement Agreement. Pursuant to the
Settlement Agreement, in the event EPA makes a ``may affect and is
likely to adversely affect'' determination for any of the pesticides,
the plaintiffs reserve the right to seek use restrictions for that
pesticide by filing a new complaint with the Court.
Beginning today, EPA is opening a 15-day comment period on the
proposed Settlement Agreement. EPA will use the comments to determine
whether all or part of the proposed Settlement Agreement warrants
reconsideration.
If EPA determines that any part of the proposed Settlement
Agreement merits reconsideration, EPA will provide the plaintiffs with
a written request for further negotiations and the proposed Settlement
Agreement shall not be entered with the Court unless the parties can
reach agreement on needed changes.
If EPA determines that the proposed Settlement Agreement does not
need to be reconsidered, the terms of the proposed Settlement Agreement
shall become effective upon entry by the U.S. District Court for the
District of Columbia. Once the Settlement Agreement is entered by the
U.S. District Court for the District of Columbia, EPA will post on its
web site atwww.epa.gov/pesticides a notice indicating the Settlement
Agreement has been so entered.
List of Subjects
Environmental protection, Endangered species.
Dated: July 7, 2005.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. 05-13768 Filed 7-11-05; 8:45 am]
BILLING CODE 6560-50-S