---------------------------------------------------------------------------

    Other non-traditional alternative fuels in use today that we are
evaluating to determine whether they have not been discarded, and are
legitimate alternative fuels include construction and demolition
materials, scrap plastics, non-hazardous non-halogenated solvents and
lubricants, and wastewater treatment sludge. We request comment on
whether these secondary materials are legitimate alternative fuels and
thus would not be solid wastes if they have not been previously
discarded. Commenters should provide data and/or information supporting
whether these secondary materials are legitimate and whether they are
or are not considered to have been discarded.
    Some secondary materials are questionable as to whether they are
legitimate fuels because they lack adequate heating value, which could
be the case for wet biomass that has insufficient as-fired heating
content due to its moisture content. Another secondary material that
may not be a legitimate fuel is biomass that has, for example,
undergone chemical treatment, such that the material may contain
contaminants that are significantly higher in concentration than those
in traditional fuel products to

the degree that sham recycling is indicated. Secondary materials that
we think may contain contaminants that are significantly higher in
concentration than those of traditional fuel products include PVC
(which can contain 60 percent chlorine),\56\ halogenated plastics,
chromated copper arsenate (CCA) lumber, creosote lumber, copper-based
treated lumber, lead-based treated lumber, secondary mill residues
(i.e., residues such as board, trim and breakage from the manufacture
of reconstituted wood/panel products), and non-hazardous halogenated
solvents. In determining whether the concentration of contaminants in
secondary materials is ``significantly higher,'' the Agency could
include a qualitative evaluation of the potential human health and
environmental risks posed. A contaminant concentration could be
elevated without posing unacceptable risk, and therefore may not be
considered ``significant'' for the purposes of determining whether the
secondary material is a legitimate fuel. We request comment on whether
these secondary materials contain contaminants that are significantly
higher in concentration compared to traditional fuel products, and
whether there are other secondary materials not listed that should be
considered to have contaminant concentrations that would result in them
being disqualified as a legitimate fuel (i.e., a solid waste when
burned).
---------------------------------------------------------------------------

    \56\ As previously discussed, the term ``contaminants'' refers
to constituents in secondary materials that may be of a concern when
burned as a fuel. Constituents, such as chlorine in PVC are relevant
because of the potential for chlorinated combustion by-products to
be emitted (e.g., dioxins, hydrogen chloride).
---------------------------------------------------------------------------

    We also request comment on whether there are other types of
secondary materials that should be considered alternative fuels,
assuming they have not been discarded and are legitimate (i.e., they
meet the criteria discussed in section V.A.2). For example, as we
discuss in more detail in section VI, biofuel production has increased
dramatically in the past few years and is expected to continue
increasing over the coming years. We later take specific comment on the
extent to which biofuels are currently used in stationary combustion
units, and the extent to which byproducts from the production of
biofuels, as well as ingredients used to produce biofuels, such as
fats, oils, and greases, are used directly in stationary combustion
units as alternative fuel sources. Commenters should explain the
circumstances under which these secondary materials would not be
considered to have been discarded, and how these materials meet the
criteria as legitimate fuels. See the Materials Characterization Papers
in the docket established for this ANPRM for a complete description of
the secondary materials EPA is assessing as part of this effort.
4. Secondary Materials Used as Legitimate ``Alternative Fuels''
Resulting From the Processing of Discarded Secondary Materials
    EPA also believes that legitimate fuel products may be extracted,
processed, or reclaimed from non-hazardous secondary materials that
have been discarded in the first instance and that such products would
generally not be considered solid waste. Once processed to make a
legitimate fuel product, such a product would not be discarded and
therefore would not be a solid waste, provided it met the general
principles previously discussed for being a legitimate fuel. (Note:
Until a legitimate product has been extracted, processed or reclaimed,
the secondary material that has been discarded is a solid waste.) The
principle behind this idea of processing a waste to produce a product
is common to industrial processes.
    Due to the nature of some materials (e.g., low Btu value, the
presence of contaminants, or the need for certain physical
characteristics to address handling issues associated with the
combustion device), processing will be necessary for the secondary
material to be used as a fuel. Such discarded materials generally would
be solid wastes until the point that a fuel product is produced;
however, the fuel itself would not be a solid waste as long as it met
the legitimacy factors. Secondary materials that can be processed into
fuel include discarded biomass, coal fines, used oil, tires, and
landfill ash. The degree of processing necessarily will vary depending
on the specific material, but the objective remains the same--the
product from the processing must be a legitimate fuel (i.e., a material
with meaningful heating value, with contaminants that are not present
at significantly higher concentrations than those of traditional fuel
products, and managed as a valuable commodity). Below are some examples
of secondary materials that we believe may be processed to produce a
legitimate non-waste fuel.
     For biomass that has been previously discarded and has
high moisture content, dewatering/drying techniques can be used to
effectively increase the Btu/lb and produce a legitimate non-waste
fuel, provided the biomass does not contain contaminants at
significantly higher concentrations and is handled as a valuable
commodity.
     Wood with lead-based paint can be processed to remove the
lead-based paint, leaving the underlying wood for use as a non-waste,
traditional fuel, and the lead-based paint can then be safely disposed
of or sent for lead recovery.
     Tires that cannot be handled whole by some combustion
devices (whether discarded or not) can be processed by shredding and
removing dirt or other contaminants to produce TDF. Turning scrap tires
into TDF can involve two physical processing steps: chipping/shredding
and in some cases metal removal. TDF consists of chipped tires ranging
in size from 1 to 4 inches; the amount of metal in TDF varies depending
on how much of the tires have been processed. Some units, such as
cement kilns use the metal in the wire as a valuable ingredient in the
manufacturing process, and therefore do not require its removal.
However, most other units benefit from TDF that has been processed to
minimize the amount of metal and improve heating efficiency. At this
point, EPA considers tire shredding/chipping alone (without metal
recovery), as well as in combination with metal recovery, as legitimate
processing activities sufficient to convert a discarded material into a
fuel product.
     Coal fines, biomass, and other materials can be mixed and
processed into pellets (or other forms) that have the consistency and
handling characteristics of coal (e.g., K-Fuel, N-Viro).
    In all of the examples above, we, at this point, view the secondary
material to have been sufficiently processed to produce a fuel that
would not be a solid waste if it met the general principles described
earlier--that is, the fuel product is a legitimate fuel and ``sham''
combustion (i.e., discard rather than use) has not occurred. Of course,
any waste generated in the ``processing'' of these materials would need
to be managed properly. We seek comment on whether the processing
described above is sufficient to convert discarded material into a fuel
product.
    In addition to the examples above, we request comment on some
additional operations that involve processing. Specifically, logging
and primary milling residues may be chipped or sorted before
combustion. Although we generally believe that this material would not
be considered to have been discarded, we request comment on whether any
forest-derived biomass that was determined to have been discarded and
was subsequently processed by chipping or sorting prior to combustion

would be considered to have undergone adequate processing to convert
the discarded material into a fuel product. Mined landfill power plant
ash can also be processed (e.g., crushed, screened, and/or separated
into its fundamental components through density separation techniques)
into a fuel. We also request comment on whether mined landfill ash is
adequately processed to convert it into a fuel product or ingredient
(under the assumption that it meets our previously described legitimacy
criteria).
    Used oil is a special case since it is specifically addressed in
the RCRA statute (RCRA section 3014). It is worth noting that the
statute does not define used oil as a solid waste. Section 3014
provides that EPA is to make a determination whether used oil is a
hazardous waste, but is silent on whether used oil per se is a solid
waste. Thus, we must apply the previously described criteria to
determine if used oil is in fact discarded. Pursuant to RCRA section
3014, the Agency has promulgated standards for used oil management. The
Standards for the Management of Used Oil in 40 CFR part 279 set forth
management requirements for used oil that include contaminant limits to
identify when used oil is considered to be ``on-specification'' used
oil as opposed to ``off-specification,'' and when it must be managed as
a hazardous waste.
    Table 1 in section 279.11 provides contaminant limits for ``on-
specification'' used oil. On-specification used oil can only be burned
for energy recovery, and once used oil is shown to meet the
specification limits, the only requirement is maintenance of records of
shipment to on-specification burners. No requirements or limitations
are imposed on the management or burning of the on-specification used
oil. Other uses of on-specification used oil would continue to cause
that use to be subject to the used oil regulations. Management of used
oil that does not meet the specification limits (referred to as off-
spec used oil) is subject to the management controls, including
recordkeeping, storage standards, and burning requirements. With one
exception, off-spec used oil may only be burned in Subtitle C hazardous
waste incinerators, or in boilers and industrial furnaces specified by
the regulations (see 40 CFR 279.61). The exception is generators may
burn off-spec used oil in used oil-fired space heaters provided that
the heater burns only used oil that the owner or operator generates or
used oil received from household do-it-yourself used oil generators,
the heater is designed to have a maximum capacity of not more than 0.5
million Btu per hour, and the combustion gases from the heater are
vented to the ambient air.
    There also is an upper total halogen limit for used oil (known as
the rebuttal presumption). If the used oil has halogens in excess of
1,000 ppm, the used oil is considered to have been mixed with
halogenated hazardous wastes, and must be managed as a hazardous waste
unless a demonstration can be made that the used oil does not in fact
contain hazardous waste.
    We generally consider off-specification used oil that is collected
from repair shops to have been originally discarded since this used oil
contains both fossil fuel and contaminants picked up during use as a
lubricant, and likely contains contaminants that are significantly
higher in concentration than traditional fuels, and thus would not be
considered a legitimate fuel per the criteria discussed in section
V.A.2. However, if the fossil fuel component is extracted from the non-
fuel contaminants through processing to meet the on-specification
levels in 279.11, the resultant fossil fuel is not significantly
different from traditional fossil fuels in every way and thus should be
considered a product fuel, not a waste. We also consider used oil that
is collected from repair shops that already meet the ``on-spec'' limits
to be legitimate fuel products, not wastes.
    We request comment on whether off-specification used oil managed
pursuant to the 40 CFR 279 used oil management standards which are
burned for energy recovery is considered to be discarded, and thus
solid waste. Although off-specification used oil may contain
contaminant levels that are higher in concentration than traditional
(virgin) fossil fuels, they still are managed within the constraints of
the used oil management standards, and may only be burned in specific
types of combustion devices.
5. Secondary Materials Used as Legitimate Ingredients
    For secondary materials used as ingredients, we also must determine
whether the alternative ingredients have been discarded, which includes
assessing how they are managed, and whether they are being used as
legitimate ingredients pursuant to the criteria described in section
V.A.2. Secondary materials that the Agency is assessing as alternative
ingredients include CKD, bottom ash, boiler slag, blast furnace slag,
foundry sand, and secondary glass material. We request comment on
whether these secondary materials are legitimate ingredients as
previously described in section V.A.2 and thus would not be solid
wastes if not previously discarded. Commenters should provide data and/
or information supporting whether these secondary materials are
legitimate ingredients and thus, whether they are or are not considered
to have been discarded. For example, we believe that CKD is not a solid
waste if it is recycled within the continuous clinker production
process. We also believe that coal fly ash is handled as a commodity
within continuous commerce when it is marketed to cement kilns as an
alternative ingredient. As a result, if it is determined to be a
legitimate ingredient pursuant to the criteria outlined in section
V.A.2, we would not consider it to be a solid waste.
    If the alternative ingredient was previously discarded, however,
the Agency believes that such secondary materials are solid wastes,
unless they were processed into a legitimate ingredient product. The
Agency solicits comment on this situation (that is, the situation where
a discarded material is recovered from the environment, and directly
used as an ingredient) and, if comments are submitted that argue that
such secondary materials (once recovered from the environment) should
not be considered solid waste, the commenters should provide the basis
or rationale for such a position (including a demonstration of how the
secondary materials meet the legitimacy criteria outlined in section
V.A.2) in order for the Agency to evaluate the arguments that are
presented by the commenters. The Agency specifically requests comments
on the extent to which secondary materials that have already been
discarded (e.g., coal ash that has been landfilled) are later processed
and used as ingredients in combustion units. Commenters should provide
a description of the types of processing that the secondary material
undergoes. EPA is also soliciting comment on the level of processing
that would be considered sufficient to transform a discarded material
into an ingredient product.
6. Hazardous Secondary Materials That May Be Excluded From the
Definition of Solid Waste Under RCRA Subtitle C Because They Are More
Like Commodities Than Wastes
    Under the hazardous waste regulations, the Agency has evaluated a
number of hazardous secondary materials that are recycled and
determined that such materials, while they either met a listing
description or exhibited one or more of the hazardous characteristics,
were not ``solid wastes''

for purposes of the Subtitle C hazardous waste regulations.
Specifically, the following materials may be burned under certain
conditions and are not solid wastes, but only for purposes of the
hazardous waste regulations--black liquor, spent sulfuric acid, and
comparable fuels. EPA is interested in extending this determination so
that these materials are not considered solid wastes under RCRA
Subtitle D.
    The Agency believes that it has sufficient information in the
rulemaking records that covered the determinations for black liquor,
spent sulfuric acid,\57\ and comparable fuels \58\ to conclude that the
exclusions are broadly applicable to the definition of solid waste;
however, it solicits comment on whether it needs to develop additional
information and provide new arguments. EPA emphasizes that it is not
requesting comment on the solid waste definition for purposes of its
hazardous waste regulation, but only on whether the exclusion
conceptually applies to the definition of solid waste that is
applicable to non-hazardous Subtitle D wastes, when these secondary
materials are used as a fuel or ingredients.
---------------------------------------------------------------------------

    \57\ See Definition of Solid Waste Final Rule, January 4, 1985
at 50 FR 641-642, covering both black liquor and spent sulfuric
acid.
    \58\ See ``Expansion of the RCRA Comparable Fuels Exclusion
(CFE)'', Final Rule, December 19, 2008, 73 FR 77953.
---------------------------------------------------------------------------

    EPA provides the following summaries of its regulations and
solicits any views from the public on these materials. Specifically, a
determination was made that black liquor reclaimed in a pulping liquor
recovery furnace and then reused in the pulping process and spent
sulfuric acid used to produce virgin sulfuric acid were not solid
wastes under the hazardous waste regulations. The reason that these
hazardous secondary materials were determined not to be solid wastes
was because these hazardous secondary materials were determined to be
an integral part of the manufacturing process. With respect to
comparable fuels, EPA determined that certain hazardous secondary
materials that meet specific requirements to ensure the material's
toxic constituents and physical properties are similar to commercial
(benchmark) fuels, are products, not solid wastes. See 63 FR 33781. The
Agency has also recently finalized a rule that expands the Comparable
Fuels Exclusion to encompass a new category of liquid hazardous
secondary materials known as emission-comparable fuel (ECF).\59\ By
expanding the Comparable Fuels Exclusion, ECF will be handled as a
valuable commodity. ECF is subject to the same regulations that
currently apply to the Comparable Fuels Exclusion, with the exception
of certain oxygenates and hydrocarbons (constituents which contribute
energy value to the fuel). The rule specifies conditions on burning ECF
which assure that emissions from industrial boilers burning ECF are
comparable to emissions from industrial boilers burning fuel oil.
---------------------------------------------------------------------------

    \59\ See ``Expansion of the RCRA Comparable Fuels Exclusion
(CFE)'', Final Rule, December 19, 2008, 73 FR 77953.
---------------------------------------------------------------------------

    The Agency specifically states in the hazardous waste rules that
such ``solid waste'' determinations are only with respect to the
Subtitle C hazardous waste regulations (see 40 CFR 261.1(b)(1)). EPA,
however, wishes to obtain comment on whether to extend these exclusions
beyond the hazardous waste regulations and apply them to these
materials when they are used as a fuel or ingredient, and they meet the
general principles discussed in today's notice.

 VI. Additional Areas for Comment

    The Agency is also interested in receiving comments on the
following four issues.

A. Fuels or Materials That Have Been Discarded That Are Generally
Considered To Be Solid Wastes

    The Agency considers materials that have been previously discarded
and not subsequently processed into a legitimate fuel or ingredient
products as solid wastes under RCRA. However, the question has been
raised by certain industry groups and states \60\ as to whether these
discarded materials--once recovered from the environment--may no longer
be considered solid waste (assuming they are in fact valuable fuels or
ingredients and otherwise meet the legitimacy criteria once recovered).
Therefore, the Agency solicits comment on whether there are any
circumstances under which these secondary materials should not be
considered solid wastes under RCRA.
---------------------------------------------------------------------------

    \60\ For example, see the Hybrid Regulatory Approach paper
presented by the multi-industry coalition of stakeholders (PCA/CIBO/
AF&PA/USWAG/RMA) in the docket established for this action entitled:
``Outline of Regulatory Approach to Determine Materials Considered
Fuels--not Solid Wastes--under RCRA,'' June 12, 2008. We have had
verbal discussions with the states on this issue as well.
---------------------------------------------------------------------------

    EPA recognizes that waste can be burned for energy or material
recovery, and such materials, once they have been discarded, generally
are considered ``solid wastes'' and units that burn these materials
would be subject to the CAA section 129 incineration standards if they
have not been processed into a legitimate ingredient or fuel. However,
as discussed in section III of this preamble, as prices for primary
materials have increased, in many cases, the economics of using
secondary materials as a substitute for primary materials has shifted,
changing how the secondary materials are considered in commerce. In
addition, new technologies can expand the universe of secondary
materials that could be considered legitimate fuels.
    The Agency is therefore interested in taking comment on the
situation where discarded materials can be directly used as a
legitimate fuel or ingredient (as defined in section V.A.2) without
processing because they are indistinguishable in all relevant aspects
from a fuel or ingredient product. (Note that the Agency is only
requesting comment on these secondary materials at the point they have
been removed from their ``discard'' environment and are being managed
as a valuable commodity. Materials that have been disposed of in
abandoned piles or landfills are clearly discarded while they remain in
those environments and are subject to the appropriate federal, state
and local regulations.) As an example, based on the results of EPA's
1997 study on ``Air Emissions from Scrap Tire Combustion,'' it was
concluded that potential emissions from TDF are often less than, but at
least generally within the same range as, emissions from conventional
fossil fuels, as long as combustion occurs in a well-designed,
operated, and well-maintained combustion device. Other data supports
this conclusion. See background document titled ``Materials
Characterization Paper; Scrap Tires,'' for a more detailed discussion
on comparing TDF emissions to traditional fossil fuel emissions.
    Coal refuse (i.e., mining rejects) is another secondary material
that we believe falls within this category. Some of these materials
were discarded by coal mining companies from the time mining first
began in the Appalachians through the late 1970s. The materials had
historically been piled through the Pennsylvania and West Virginia coal
regions until laws were enacted in the late 1970s that required site
reclamation. The advent of CFB combustion boilers, capable of
efficiently burning fuels of lower calorific value, has resulted in the
ability to use this material as a fuel (millions of tons of coal refuse
have been burned as a fuel since the advent of CFBs). See background
document titled ``Materials Characterization Paper; Coal Refuse,'' for
more details.

    The Agency specifically solicits comment on whether there are
circumstances under which materials that have been discarded and which
are legitimate fuels or ingredients should or should not be considered
a solid waste once they are removed or recovered from the ``discard''
environment and managed as a legitimate fuel or ingredient.

B. Other Approaches for Determining Whether Secondary Materials Are
Fuels and Not Solid Wastes

    The Agency is also interested in receiving comments on an approach,
as presented to the Agency by industry representatives, for determining
when secondary materials are fuels and thus, not solid waste, and how
the process may be implemented.\61\ Many aspects of the approach
presented have been discussed throughout this ANPRM, with the common
principle that certain secondary materials are not solid waste when
burned for energy if they meet established criteria or are specifically
identified not to be solid waste. For example, industry representatives
suggest that material should be evaluated, on a case-by-case basis, to
identify which criteria have been satisfied and determine whether the
material is legitimately handled as a fuel. Criteria identified by
industry stakeholders may include: Handling and storage of materials to
minimize loss, use of materials within a reasonable period of time,
material value (e.g., whether there is a market for the material as a
fuel, internal or external to the company), material managed and
treated as a commodity, and processing of material to enhance fuel
value. Industry stakeholders also recommend that EPA should list by
regulation specific materials as fuels, rather than solid wastes. Thus,
under the industry recommended approach, it would not be necessary to
evaluate whether the criteria have been satisfied in every instance.
Specifically, listed materials that were recommended include:
Traditional/historical fuels (e.g., coal, fuel oil, pet coke, coal
refuse, used oil regulated under 40 CFR Part 279, synfuel, TDF, biomass
fuel, biofuel, and gas pipeline condensate), materials specifically
excluded from RCRA Subtitle C that have beneficial fuel value,
materials combusted for chemical recovery, materials that are modified
or processed to produce a product of significant fuel or feedstock
value, biomass materials from agricultural and forest resources, tires
reclaimed via state programs, materials that had been discarded, but
can be processed for use as a fuel or feedstock, and materials that a
state approves as a fuel or determines can be beneficially reused.
---------------------------------------------------------------------------

    \61\ See the Hybrid Regulatory Approach paper presented by the
multi-industry coalition of stakeholders (PCA/CIBO/AF&PA/USWAG/RMA)
in the docket established for this action entitled: ``Outline of
Regulatory Approach to Determine Materials Considered Fuels--not
Solid Wastes--under RCRA,'' June 12, 2008.
---------------------------------------------------------------------------

    To implement the aforementioned concepts for determining when or
which secondary materials are fuels, industry presented two methods,
which were not meant to be mutually exclusive. One method implements
the criteria concept, by which an owner or operator of a combustion
device must determine that the material meets the criteria set forth
and maintain records to demonstrate that these criteria are met.
(Presumably, the owner or operator would be subject to potential
enforcement action if EPA determined that the criteria were
misapplied.) The other method implements an extension of the listed
materials concept by allowing an owner or operator to petition EPA or
the state to specifically list a material (in addition to a pre-
established list of materials). In a petition, the owner or operator
would use the criteria as the basis for proposing that EPA or the state
list the material (although industry notes that not all criteria need
to be satisfied to qualify as a fuel), or the owner or operator could
submit additional information to demonstrate the environmental
equivalence of the material to other listed fuels.
    The Agency solicits comments on whether the rules should include a
petition process that would allow a person to submit a rulemaking
petition and argue, on a case-by-case basis, that a secondary material
is not a solid waste. This petition process would address situations
where a material would otherwise be considered a solid waste under
current regulations. As discussed in section V.A.6, the Agency has
excluded certain materials from being a solid waste under the Subtitle
C hazardous waste regulations. Should the Agency allow persons to
petition the Agency to have a secondary material excluded from the
definition of solid waste based on the legitimacy criteria discussed in
section V.A.2? The Agency is interested in receiving comments on the
validity and potential specific procedures of a case-by-case petition
process by the owner or operator of a combustion device, including what
criteria should be considered in evaluating such petitions. In
addition, we also request comment on the concept of establishing a list
of materials that are fuels.
    For more information, see the multi-industry coalition's paper in
the docket established for this action entitled: ``Outline of
Regulatory Approach to Determine Materials Considered Fuels--not Solid
Wastes--under RCRA,'' June 12, 2008. The Agency also has received
several papers from industry groups which we have reviewed and
considered in drafting this ANPRM that are also available for viewing
and comment in the docket.

C. Materials for Which State Beneficial Use Determinations Have Been
Made \62\
---------------------------------------------------------------------------

    \62\ This applies to state beneficial use determinations for
secondary materials used as fuels or ingredients in combustion units
that are not determined to be ``non-wastes'' pursuant to this
rulemaking effort.
---------------------------------------------------------------------------

    States regulate the management of non-hazardous solid waste,
typically including secondary industrial materials, but many have a
process or promulgated regulations to determine when these materials
are no longer wastes, because they can beneficially and safely be used
as products in commerce. The Agency is also soliciting comments on
state beneficial use determinations and how those determinations deal
with solid wastes, and how those decisions should be considered by EPA
in determining what is or is not a solid waste under RCRA, which in
turn determines how it is regulated under the CAA standards. Many state
determinations addressing a material's beneficial use and solid waste
status are consistent with the principles explained in this ANPRM, but
some state determinations (as previously discussed, both wastes and
non-wastes may be used beneficially) may be inconsistent. In order for
state programs to qualify materials as not solid waste under federal
law, under the terms suggested in this notice, secondary materials
would need to be legitimate fuels or ingredients and otherwise meet the
conditions of the federal regulations.
    As we have noted previously, states are the lead Agencies for
implementing the non-hazardous waste programs and, as such, we want to
make sure that state programs are not adversely affected by any
decisions that are made by EPA. We see a benefit to deferring to state
decisions, which are able to consider site specific information. The
Association of State and Territorial Solid Waste Management Officials
(ASTSWMO) reports that they receive requests from the regulated
community to consider non-hazardous, industrial secondary materials as
not being solid wastes when they are beneficially used. Most states (30
of 34 reporting) indicated they had either formal or

informal decision-making processes or beneficial use programs relating
to the use of solid wastes. Materials are no longer subject to the
state's solid waste regulations under the state rules when a state
determines that the secondary materials are no longer solid wastes when
beneficially used.
    The Agency acknowledges state beneficial use determinations and
seeks comment on whether to consider secondary materials that receive a
state beneficial use determination for use as a fuel or as an
ingredient as not a solid waste, should also not be considered a solid
waste under federal law. Commenters who support such a position should
provide the basis or rationale for this position. For example, would a
determination be needed that shows the beneficial use determination was
in-line with EPA's principles as outlined in section V.A.2. (i.e.,
whether they were legitimate fuels or ingredients)?

D. Biofuels

    Biofuels and byproducts from the production of biofuels are non-
traditional alternative fuels being offered for stakeholder
consideration. Biofuels can be generally described as a gas or liquid
fuel made from biological materials, including plants, animal manure,
and other organic sources. Thus, biofuels produced from these
materials, such as ethanol and biodiesel are not considered to be solid
wastes themselves, but rather are viewed as legitimate fuel products.
Biofuels production has increased dramatically in the past few years
and is expected to continue increasing over the coming years. The
Energy Policy Act of 2005 amended the CAA to establish a Renewable Fuel
Standard (RFS) program which established a major new federal renewable
fuel volume mandate. While market forces initially caused renewable
fuel use to far exceed these mandates, this program provided certainty
that at least a minimum amount of renewable fuel would be used in the
U.S. transportation market, which in turn provided assurance for
investment in production capacity. The Energy Independence and Security
Act of 2007 (EISA) updated the RFS program to include a new definition
of renewable fuels that accounted for the fuel life-cycle emissions of
greenhouse gases (GHG) \63\ and also increased the total renewable fuel
volume mandate to 36 billion gallons per year by 2022; the statute also
established four specific categories of renewable fuels, each with a
separate volume mandate. These categories are renewable fuel, advanced
biofuel, biomass-based diesel, and cellulosic biofuel.
---------------------------------------------------------------------------

    \63\ A ``renewable fuel'' is defined in EISA as a fuel that is
produced from renewable biomass and that is used to replace or
reduce the quantity of fossil fuel present in transportation fuel.
``Renewable biomass'' is defined as (1) Planted crops and crop
residue, (2) planted trees and tree residue, (3) animal waste
material and animal byproducts, (4) slash and commercial thinnings,
(5) biomass from the immediate vicinity of buildings, (6) algae, and
(7) separated yard waste or food waste, including recycled cooking
and trap grease.
---------------------------------------------------------------------------

    Biofuels production can be viewed as including both the feedstock
materials that are used to produce biofuels, as well as the byproducts
generated from the production of biofuels. EPA considers these
materials to be legitimate alternative fuels when they have meaningful
heating value, do not contain contaminants that are significantly
higher in concentration than traditional fuels, and are handled as a
valuable commodity. For example, a project completed by the University
of Georgia (UGA) Engineering Outreach Service (EOS) demonstrated that
biofuels processed from fats and grease (chicken fat, yellow grease,
choice white grease, and beef tallow), either singly or blended with
No. 2 fuel oil, are technically and economically viable alternatives to
No. 2 fuel oil in industrial boilers.\64\ We request additional data
and comment on the extent to which fats, oils, and greases (FOGs) and
related biomass materials that can be used as feedstocks to produce
biofuels and that are not previously addressed in this ANPRM, are also
used directly as fuels in stationary combustion sources. Further, the
Agency requests comment on the extent to which FOGs and biomass
materials are processed into biofuels for use in stationary combustion
sources, such that their assessment as part of this rulemaking effort
is warranted. For example, the U.S. Energy Information Administration
estimated used cooking oil is produced at a rate of some 100 million
gallons per day in the USA.\65\ Literature suggests that biodiesel can
be prepared from waste cooking oil. Although there are instances where
such oil is used as a fuel for engines with only minimal processing
(such as filtering), more intensive processing (such as the addition of
ethyl alcohol with sodium hydroxide as a catalyst for the
transesterification of vegetable oils and animal fats) is necessary to
produce true biodiesel fuel.\66\ Finally, we request comment on whether
non-hazardous byproducts generated from the production of biofuels,
such as dry distiller's grain from corn ethanol and lignin from
cellulosic ethanol, are being used as alternative fuels, which
therefore should be assessed as part of this rulemaking effort.
---------------------------------------------------------------------------

    \64\ FY 2005 FoodPAC Final Report; ``Combustion of Poultry Fat
for Plant Heat and Steam,'' University of Georgia.
    \65\ Radich, A. Biodiesel performance, costs, and use. U.S.
Energy Information Administration, 2006. http://www.eia.doe.gov/
oiaf/analysispaper/biodiesel/index.html.
    \66\ Energies 2008, 1, 3-18; DOI: 10.3390/en1010003, ``Waste
Cooking Oil as an Alternate Feedstock for Biodiesel,'' http://
www.mdpi.com/1996-1073/1/1/3/pdf.
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.
    Generally, because this action is ``advanced'' in nature and does
not, therefore, propose any requirements on any entities, the various
administrative requirements EPA must address in the rulemaking process
are not applicable. When EPA issues a notice of proposed rulemaking,
EPA will address those requirements. EPA expects to prepare an Economic
Assessment (EA) in support of the proposed action. We will submit this
EA, along with the proposed rulemaking to OMB for review.

List of Subjects in 40 CFR Part 257

    Environmental protection, Waste treatment and disposal.

    Dated: December 22, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-30987 Filed 12-31-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Page 53626]
[FR Doc No: 2018-23196]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS19-1-000]

AMP Transmission, LLC; Notice of Filing

    Take notice that on October 12, 2018, pursuant to sections
35.28(e)(2) and 358.1(d) and Rules 101(e) and 207 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and
Procedure,\1\ AMP Transmission, LLC filed a request for waiver of the
Commission's Standard of Conduct and Open Access Same-Time Information
System requirements pursuant to the Commission's Order Nos. 888,\2\ 889
\3\ and 717.\4\
---------------------------------------------------------------------------

    \1\ 18 CFR 35.28(e)(2), 358.1(d), 385.101(e), 385.207 (2018).
    \2\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, 61 FR 21,539 (May 10, 1996), FERC Stats. & Regs. ]
31,036 (1996) (``Order No. 888''), clarified, 76 FERC ] 61,009
(1996), modified, Order No. 888-A, 62 FR 12,274 (Mar. 14, 1997),
FERC Stats. & Regs. ] 31,048 (1997), order on reh'g, Order No. 888-
B, 62 FR 64,688 (Dec. 9, 1997), 81 FERC ] 61,248 (1997), order on
reh'g, Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in part and
remanded in part sub nom. Transmission Access Policy Study Grp. v.
FERC, 225 F.3d 667 (DC Cir. 2000), aff'd sub nom. New York v. FERC,
535 U.S. 1 (2002).
    \3\ Open Access Same-Time Information System (formerly Real-Time
Information Networks) and Standards of Conduct, Order No. 889, 61 FR
21,737 (May 10, 1996), FERC Stats. & Regs. ] 31,035 (1996),
clarified, 76 FERC ] 61,009 (1996), modified, Order No. 889-A, 62 FR
12,484 (Mar. 14, 1997), FERC Stats. & Regs. ] 31,049 (1997), reh'g
denied, Order No. 889-B, 81 FERC ] 61,253 (1997), aff'd in
    part and remanded in part sub nom. Transmission Access Policy
Study Grp. v. FERC, 225 F.3d 667 (DC Cir. 2000), aff'd sub nom. New
York v. FERC, 535 U.S. 1 (2002).
    \4\ Standards of Conduct for Transmission Providers, Order No.
717, 73 FR 63,796 (Oct. 27, 2008), FERC Stats. & Regs. ] 31,280
(2008), on reh'g, Order No. 717-A, 74 FR 54,463 (Oct. 22, 2009),
FERC Stats. & Regs. ] 31,297 (2009), clarified, Order No. 717-B, 129
FERC ] 61,123 (2009), on reh'g, Order No. 717-C, 131 FERC ] 61,045
(2010), on reh'g and clarification, Order No. 717-D, 135 FERC
]61,017 (2011).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 2, 2018.

    Dated: October 18, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-23196 Filed 10-23-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Page 68941]
[FR Doc No: 2020-24193]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Pub. L. 94-409, that the Securities
and Exchange Commission Asset Management Advisory Committee (``AMAC'')
will hold a public meeting on Thursday, November 5, 2020 at 9:00 a.m.
(ET).

PLACE: The meeting will be conducted by remote means. Members of the
public may watch the webcast of the meeting on the Commission's website
at www.sec.gov.

STATUS: The meeting will begin at 9:00 a.m. (ET) and will be open to
the public by webcast on the Commission's website at www.sec.gov.

MATTER TO BE CONSIDERED: On October 16, 2020, the Commission issued
notice of the meeting (Release No. 34-90211), indicating that the
meeting is open to the public and inviting the public to submit written
comments to AMAC. This Sunshine Act notice is being issued because a
majority of the Commission may attend the meeting.
    At the meeting, AMAC will consider recommendations concerning
COVID-19 related operational issues.

CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: October 28, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-24193 Filed 10-28-20; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71788]
[DOCID:fr24no10-152]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2010-0284]

Agency Requests for Renewal of a Previously Approved Information
Collection: Uniform Relocation Assistance and Real Property Acquisition
Regulations for Federal and Federally Assisted Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget's
(OMB) approval to renew an information collection. The collection
involves a certification of residency status from affected persons to
establish eligibility for relocation assistance and payments.
Displacing agencies will require each person who is to be displaced by
a Federal or federally assisted project, as a condition of eligibility
for relocation payments or advisory assistance, to certify that he or
she is lawfully present in the United States. The information to be
collected will be used to certify that a displaced person is lawfully
present in the United States as required by Public Law 105-117 and 49
CFR 24.208. We are required to publish this notice in the Federal
Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

DATES: Please submit comments by January 24, 2011.

ADDRESSES: You may submit comments [identified by Docket Number DOT-
OST-2004-169511] by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marshall Wainright,<PHONE_NUMBER>,
Office of Real Estate Services, Federal Highway Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control No: 2105-0508.
    Title: Uniform Relocation Assistance and Real Property Acquisition
Regulations for Federal and Federally Assisted Programs.
    Type of Review: Renewal of a previously approved information
collection.
    Background: This regulation implements amendments to 42 U.S.C. 4602
et seq. concerning acquisition of real property and relocation for
displaced persons for Federal and federally-assisted programs. It
prohibits the provision of relocation assistance and payments to
persons not legally in the United States (with certain exceptions). The
information collected consists of a certification of residency status
from affected persons to establish eligibility for relocation
assistance and payments. Displacing agencies will require each person
who is to be displaced by a Federal or federally assisted project, as a
condition of eligibility for relocation payments or advisory
assistance, to certify that he or she is lawfully present in the United
States.
    Respondents: State highway agencies, local government highway
agencies, and airport sponsors receiving financial assistance for
expenditures of Federal Funds on acquisition and relocation payments
and required services to displaced persons.
    Frequency: On occasion.
    Estimated Number of Respondents: 20,000.
    Estimated Number of Responses: 1 per respondent.
    Estimated Total Annual Burden: 25,000 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (a) Whether the proposed
collection is necessary for the Department's performance; (b) the
accuracy of the estimated burden; (c) ways for the Department to
enhance the quality, utility, and clarity of the information
collection; and (d) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on November 17, 2010.
Patricia Lawton,
Departmental PRA Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 2010-29609 Filed 11-23-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15959-15960]
[FR Doc No: 2020-05998]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program

CFR Correction

0
In Title 40 of the Code of Federal Regulations, Part 52(Sec. Sec.
52.01 to 52.1018), revised as of July 1, 2019, on page 1152, in Sec.
52.820, in the table, the entry for Iowa citation 567-22.9 is
reinstated to read as follows:

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
         Iowa citation                Title        effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-22.9......................  Special                11/11/2009  10/25/2013, 78    ...........................
                                 Requirements for                   FR 63887.
                                 Visibility
                                 Protection.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-05998 Filed 3-19-20; 8:45 am]
 BILLING CODE 1301-00-D


[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89447-89449]
[FR Doc No: 2023-28547]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0074; FRL-11590-01-OCSPP]

Cancellation Order for Certain Pesticide Registrations and
Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the cancellations and/or
amendments to terminate uses, voluntarily requested by the registrants,
and accepted by the Agency, of the products listed in Table 1, Table 1A
& Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). This cancellation order follows an October
16, 2023, Federal Register Notice of Receipt of Requests from the
registrants listed in Table 3 of Unit II, to voluntarily cancel and/or
amend to terminate uses of certain product registrations. In the
October 16, 2023, notice, EPA indicated that it would issue an order
implementing the cancellations and/or amendments to terminate uses,
unless the Agency received substantive comments within the 30-day
comment period that would merit its further review of these requests,
or unless the registrants withdrew their requests. The Agency did not
receive any comments on the notice. Further, the registrants did not
withdraw their requests. Accordingly, EPA hereby issues in this notice
a cancellation order granting the requested cancellations and/or
amendments to terminate uses. Any distribution, sale, or use of the
products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations and/or amendments are effective December 27,
2023.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email 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
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0074, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the cancellations and/or amendments to
terminate uses, as requested by registrants, of products registered
under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed
in sequence by registration number in Table 1, Table 1A and Table 2 of
this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
           Registration No.               Company No.          Product name              Active ingredients
----------------------------------------------------------------------------------------------------------------
4-122.................................               4  Bonide A Complete Fruit    Captan (081301/133-06-2)--
                                                         Tree Spray.                (11.76%), Carbaryl (056801/
                                                                                63-25-2)--(.3%), Malathion
                                                                                (NO INERT USE) (057701/121-
                                                                                75-5)--(6%).
4-412.................................               4  Bonide Malathion Insect    Malathion (NO INERT USE)
                                                         Spray.                     (057701/121-75-5)--(55%).
100-935...............................             100  Helix Xtra Insecticide     Difenoconazole (128847/119446-
                                                         with Fungicides.           68-3)--(1.25%), Fludioxonil
                                                                                (071503/131341-86-1)--
                                                                                (.13%), Metalaxyl-M (113502/
                                                                                70630-17-0)--(.4%),
                                                                                Thiamethoxam (060109/153719-
                                                                                23-4)--(20.7%).
100-973...............................             100  Helix Insecticide with     Difenoconazole (128847/119446-
                                                         Fungicides.                68-3)--(1.24%), Fludioxonil
                                                                                (071503/131341-86-1)--
                                                                                (.13%), Metalaxyl-M (113502/
                                                                                70630-17-0)--(.39%),
                                                                                Thiamethoxam (060109/153719-
                                                                                23-4)--(10.3%).
100-1305..............................             100  Cruiser Maxx Cereals.....  Difenoconazole (128847/119446-
                                                                                68-3)--(3.36%), Metalaxyl-M
                                                                                (113502/70630-17-0)--(.56%),
                                                                                Thiamethoxam (060109/153719-
                                                                                23-4)--(2.8%).
279-3563..............................             279  Report Extra Herbicide...  Chlorsulfuron (118601/64902-
                                                                                72-3)--(62.5%), Metsulfuron
                                                                                (122010/74223-64-6)--
                                                                                (12.5%).
5481-485..............................            5481  90% Dimethyl-T...........  DCPA (078701/1861-32-1)--
                                                                                (90%).
5481-486..............................            5481  Dacthal 1.92F............  DCPA (078701/1861-32-1)--
                                                                                (20.7%).
5481-491..............................            5481  Dacthal W-75.............  DCPA (078701/1861-32-1)--
                                                                                (75%).
87373-131.............................           87373  Arg Spiromesifen           Spiromesifen (024875/283594-
                                                         Technical.                 90-1)--(98.6%).
91234-275.............................           91234  A1100.02.................  Spiromesifen (024875/283594-
                                                                                90-1)--(23.1%).
91234-276.............................           91234  A1100.03.................  Spiromesifen (024875/283594-
                                                                                90-1)--(45.2%).
91234-277.............................           91234  A1100.04.................  Spiromesifen (024875/283594-
                                                                                90-1)--(45.2%).
ID-080012.............................           91411  Dupont Mankocide           Copper hydroxide (023401/
                                                         Fungicide.                 20427-59-2)--(46.1%),
                                                                                Mancozeb (014504/8018-01-7)--
                                                                                (15%).
MI-110002.............................           62719  Instinct.................  Nitrapyrin (069203/1929-82-
                                                                                4)--(17.67%).
NC[hyphen]130001......................           69969  Avipel (Dry) Corn Seed     Anthraquinone (122701/84-65-
                                                         Treatment.                 1)--(50%).
OH-110003.............................           62719  Instinct.................  Nitrapyrin (069203/1929-82-
                                                                                4)--(17.67%).
----------------------------------------------------------------------------------------------------------------

                                         Table 1A--Product Cancellations
----------------------------------------------------------------------------------------------------------------
           Registration No.               Company No.          Product name              Active ingredients
----------------------------------------------------------------------------------------------------------------
5481-490..............................            5481  Dacthal W-75 Herbicide...  DCPA (078701/1861-32-1)--
                                                                                (75%).
----------------------------------------------------------------------------------------------------------------

    The registrant requested only 6 months to sell existing stocks of
the registration 5481-490, identified in Table 1A of Unit II.

                           Table 2--Product Registration Amendments To Terminate Uses
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.            Company No.       Product name      Active ingredient        terminated
----------------------------------------------------------------------------------------------------------------
228-660..........................             228  Nufarm Ethephon 2    Ethephon (099801/    Non-golf turf uses;
                                                    Plant Growth         16672-87-0)--(21.7   sod farms,
                                                    Regulator.           %).                  commercial turf &
                                                                                golf course
                                                                                roughs.
11556-155........................           11556  PNR1427 Insecticide  Flumethrin (036007/  Cat uses.
                                                                         69770-45-2)--(4.5%
                                                                         ), Imidacloprid
                                                                         (129099/138261-41-
                                                                         3)--(10%).
34688-85.........................           34688  Triameen Y12D......  1,3-Propanediamine,  Oil Field Water
                                                                         N-(3-aminopropyl)-   Flood Systems and
                                                                         N-dodecyl- (067300/  Metalworking Fluid
                                                                         2372-82-9)--(91.4%   uses.
                                                                         ).
34688-86.........................           34688  Triameen Y12D        1,3-Propanediamine,  Oil Field Water
                                                    Preservative.        N-(3-aminopropyl)-   Flood Systems and
                                                                         N-dodecyl- (067300/  Metalworking Fluid
                                                                         2372-82-9)--(91.4%   uses.
                                                                         ).
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Table 1, Table 1A and Table 2 of
this unit, in sequence by EPA company number. This number corresponds
to the first part of the EPA registration numbers of the products
listed in Table 1, Table 1A and Table 2 of this unit.

        Table 3--Registrants of Cancelled and/or Amended Products
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
4.................................  Bonide Products, LLC, Attn: Audra
                                     Star, 6301 Sutliff Road, Oriskany,
                                     NY 13424.
100...............................  Syngenta Crop Protection, LLC, 410
                                     Swing Road, P.O. Box 18300,
                                     Greensboro, NC 27419-8300.
228...............................  NuFarm Americas, Inc., Agent Name:
                                     NuFarm Americas, Inc., 4020 Aerial
                                     Center Pkwy., Ste. 101,
                                     Morrisville, NC 27560.
279...............................  FMC Corporation, 2929 Walnut Street,
                                     Philadelphia, PA 19104.
5481..............................  Amvac Chemical Corporation, 4695
                                     Macarthur Court, Suite 1200,
                                     Newport Beach, CA 92660-1706.
11556.............................  Elanco US, Inc., 2500 Innovation
                                     Way, Greenfield, IN 46140.
34688.............................  Nouryon Surface Chemistry, LLC, 100
                                     Matsonford Road, Building 5,
                                     Radnor, PA 19087.
62719.............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
69969.............................  Arkion Life Sciences, LLC, Agent
                                     Name: Wagner Regulatory Associates,
                                     Inc., P.O. Box 640, Hockessin, DE
                                     19707.
87373.............................  Argite, LLC, Agent Name: Pyxis
                                     Regulatory Consulting, Inc., 4110
                                     136th Street Ct. NW, Gig Harbor, WA
                                     98332.
91234.............................  Atticus, LLC, Agent Name: Pyxis
                                     Regulatory Consulting, Inc., 4110
                                     136th Street Ct. NW, Gig Harbor, WA
                                     98332-9122.
91411.............................  Cosaco, LLC, Agent Name: Wagner
                                     Regulatory Associates, Inc., 7217
                                     Lancaster Pike, Suite A, P.O. Box
                                     640, Hockessin, DE 19707.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the Federal Register notice of October 16, 2023 (88 FR
71356) (FRL-11443-01-OCSPP) announcing the Agency's receipt of the
requests for voluntary cancellations and/or amendments to terminate
uses of products listed in Table 1, Table 1A and Table 2 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and/or amendments to terminate
uses of certain product registrations identified in Table 1, Table 1A
and Table 2 of Unit II. Accordingly, the Agency hereby orders that the
product registrations identified in Table 1, Table 1A and Table 2 of
Unit II, are canceled and/or amended to terminate the affected uses.
The effective date of the cancellations that are subject of this notice
is [INSERT DATE OF PUBLICATION IN THE Federal Register]. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1, Table 1A and Table 2 of Unit II, in a manner
inconsistent with any of the provisions for disposition of existing
stocks set forth in Unit VI, will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of
October 16, 2023 (88 FR 71356) (FRL-11443-01-OCSPP). The comment period
closed on November 15, 2023.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States, and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.

For: 5481-490

    For 581-490, listed in Table 1A of Unit II, the registrant
requested only 6-months after the effective date of the cancellation to
sell existing stocks, which will be the date of publication of the
cancellation order in the Federal Register. The registrant may continue
to sell and distribute existing stocks of the product listed in Table
1A until June 27, 2024, which is 6 months after publication of this
cancellation order in the Federal Register. Thereafter, the registrant
will be prohibited from selling or distributing the products identified
in Table 1A of Unit II, except for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal.
    For all other voluntary cancellations listed in Table 1 of Unit II,
the registrants may continue to sell and distribute existing stocks of
products listed in Table 1 of Unit II, until December 27, 2024, which
is 1 year after publication of this cancellation order in the Federal
Register. Thereafter, the registrants are prohibited from selling or
distributing products listed in Table 1 of Unit II, except for export
in accordance with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Now that EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants are permitted to sell or
distribute products listed in Table 2 of Unit II, under the previously
approved labeling until June 27, 2025, a period of 18 months after
publication of the cancellation order in this Federal Register, unless
other restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and/or products whose labels
include the terminated uses until supplies are exhausted, provided that
such sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and/or terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: December 21, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-28547 Filed 12-26-23; 8:45 am]
BILLING CODE 6560-50-P