[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47791-47793]
[FR Doc No: 2020-17114]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0308; FRL-10012-80]

Tetrachlorvinphos; Notice of Receipt of Requests to Voluntarily
Cancel Certain Pesticide Registrations and Amend Registrations To
Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations of certain
products containing the pesticide tetrachlorvinphos (TCVP), or to amend
their TCVP product registrations to terminate or delete one or more
uses. The requests would terminate TCVP use of Chem-Tech, Ltd. (Chem-
Tech) dust formulations on cats and dogs, voluntarily cancel TCVP dust
formulations produced by The Hartz Mountain Corporation (Hartz) for
domestic animals (cats and dogs) and cancel one of Hartz's pet collars
for cats. The requests would not terminate the last TCVP products
registered for use in the United States, or the last TCVP pesticide
products registered in the United States for these uses. EPA intends to
grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been canceled or uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before September 8, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0308, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

    There are two registrants for TCVP products registered for use on
cats and dogs, Hartz and Chem-Tech. The registrants have submitted
requests for voluntary cancelations or use terminations.

II. 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 and
human health 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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

III. Background on the Receipt of Requests To Cancel and/or Amend
Registrations To Delete Uses

    This notice announces receipt by EPA of requests from registrants
Hartz and

Chem-Tech to cancel certain products or terminate certain uses of TCVP
product registrations. TCVP is an organophosphate insecticide used to
control fleas, ticks, various flies, lice, and insect larvae on
livestock and domestic animals and their premises. In letters dated
June 19, 2020 and July 10, 2020, Chem-Tech and Hartz, respectively,
requested EPA to either cancel or amend registrations for certain pet
use products containing TCVP. These pet products and their impending
actions are identified in Tables 1 and 2 of Unit IV. These actions on
the registrants' requests will not terminate the last TCVP products
registered in the United States, or the last TCVP pesticide products
registered in the United States for these uses.

IV. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain registrations or terminate certain uses of TCVP
product registrations. The affected products and the registrants making
the requests are identified in Tables 1 and 2 of this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of this request, EPA intends to issue an
order canceling or terminating uses from the affected registrations.

      Table 1--TCVP Product Registrations With Pending Requests for
                           Termination of Use
------------------------------------------------------------------------
                                                            Uses to be
   Registration No.      Product name       Company          deleted
------------------------------------------------------------------------
47000-123............  Clean Crop       Chem-Tech, Ltd.  Dogs, Cats.
                        Livestock 1%
                        Rabon Dust.
------------------------------------------------------------------------

      Table 2--TCVP Product Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
     Registration No.            Product name             Company
------------------------------------------------------------------------
2596-63...................  Hartz 2 in 1 Plus      The Hartz Mountain
                             Long Lasting Collar    Corporation.
                             for Cats.
2596-78...................  Hartz 2 in 1 Flea and  The Hartz Mountain
                             Tick Powder for Cats.  Corporation.
2596-79...................  Hartz 2 in 1 Flea and  The Hartz Mountain
                             Tick Powder for Dogs.  Corporation.
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 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 and Table 2 of this unit.

      Table 3--Registrants Requesting Voluntary Cancellation and/or
                           Termination of Use
------------------------------------------------------------------------
      EPA  company No.                 Company name and address
------------------------------------------------------------------------
2596........................  The Hartz Mountain Corporation, 400 Plaza
                               Drive, Seacaucus, NJ 07094.
47000.......................  Chem-Tech, Ltd., 620 Lesher Place,
                               Lansing, MI 48912.
------------------------------------------------------------------------

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.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) provides for the possibility of a 180-day
comment period where a voluntary cancellation involves a pesticide
registered for at least one minor agricultural use.
    Because the TCVP pet uses here do not involve any minor
agricultural uses, the 180-day comment provision does not apply, and
EPA is providing a 30-day comment period on the requests.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and termination of
uses are granted, the Agency intends to publish the cancellation order
in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for termination of uses, EPA anticipates
it will include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit IV:
    Hartz may not ``release for shipment,'' as that term is defined by
40 CFR 152.3, any product under EPA Reg. Nos. 2596-78 and 2596-79 (dust
products) after July 31, 2020, or as soon as EPA issues an order on the
request following the public comment period announced in this Notice,
and may not sell or distribute existing stocks of its dust products
after March 31, 2021, except for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal. Hartz may sell or distribute
existing stocks of EPA Reg. No. 2596-63 (cat collar) until exhausted.
    Once EPA has approved product labels reflecting the requested
termination of uses pertaining to EPA Reg. No. 47000-123, registrants
will be permitted to sell or distribute products under the previously
approved labeling, if appropriate, according to the terms of the label
approval. Thereafter, registrants will be prohibited from selling or
distributing the products whose labels include the deleted uses
identified in Table 1 of Unit IV., except for export consistent with
FIFRA section 17 or for proper disposal.

    Persons other than the registrants may sell, distribute, or use
existing stocks of canceled products 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.

    Authority: 7 U.S.C. 136 et seq.

    Dated: July 28, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2020-17114 Filed 8-5-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Notices]
[Pages 57379-57383]
[FR Doc No: 2013-22352]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0611; FRL-9398-5]

Cancellation of Pesticides for Non-Payment of Year 2013
Registration Maintenance Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since the amendments of October 1988, the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) has required payment of an
annual maintenance fee to keep pesticide registrations in effect. The
fee due last January 15, 2013, has gone unpaid for 220 registrations.
Section 4(i)(5)(G) of FIFRA provides that the EPA Administrator may
cancel these registrations by order and without a hearing; orders to
cancel all 220 of these registrations have been issued within the past
few days.

DATES: A cancellation is effective on the date the cancellation order
is signed.

FOR FURTHER INFORMATION CONTACT: Michael Yanchulis, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

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

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2013-0611. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), EPA West 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
(703) 305-5805. Please review the visitor instructions and additional
information about the docket available at http://www.epa.gov/dockets.

II. Background

    Section 4(i)(5) of FIFRA, as amended in October 1988 (Pub. L. 100-
532), December 1991 (Pub. L. 102-237), and again in August 1996 (Pub.
L. 104-170), requires that all pesticide registrants pay an annual
registration maintenance fee, due by January 15 of each year, to keep
their registrations in effect. This requirement applies to all
registrations granted under FIFRA section 3 as well as those granted
under FIFRA section 24(c) to meet special local needs. Registrations
for which the fee is not paid are subject to cancellation by order and
without a hearing.
    The Food, Agriculture, Conservation, and Trade Act Amendments of
1991, Public Law 102-237, amended FIFRA to allow the EPA Administrator
to reduce or waive maintenance fees for minor agricultural use
pesticides when she determines that the fee would be likely to cause
significant impact on the availability of the pesticide for the use.
The Agency has waived the fee for 226 minor agricultural use
registrations at the request of the registrants.
    In fiscal year 2013, maintenance fees were collected in one billing
cycle. The Pesticide Registration Improvement Renewal Act (PRIRA) was
passed by Congress in October 2007. PRIRA authorized the Agency to
collect $27.8 million dollars in maintenance fees in fiscal year 2012.
In late 2012, all holders of either FIFRA section 3 registrations or
FIFRA section 24(c) registrations were sent lists of their active
registrations, along with forms and instructions for responding. They
were asked to identify which of their registrations they wished to
maintain in effect, and to calculate and remit the appropriate
maintenance fees. Most responses were received by the statutory
deadline of January 15. A notice of intent to cancel was sent in March,
2013, to companies who did not respond and to companies who responded,
but paid for less than all of their registrations. Since mailing the
notices of intent to cancel, EPA has maintained a toll-free inquiry
number through which the questions of affected registrants have been
answered.
    Maintenance fees have been paid for 15,804 FIFRA section 3
registrations, or about 97% of the registrations on file in December
2012. Fees have been paid for 1,941 FIFRA section 24(c) registrations,

or about 86% of the total on file in December 2012. Cancellations for
non-payment of the maintenance fee affect 196 FIFRA section 3
registrations and 24 FIFRA section 24(c) registrations.
    The cancellation orders generally permit registrants to continue to
sell and distribute existing stocks of the canceled products until
January 15, 2014, 1 year after the date on which the fee was due.
Existing stocks already in the hands of dealers or users, however, can
generally be distributed, sold, or used legally until they are
exhausted. Existing stocks are defined as those stocks of a registered
pesticide product which are currently in the United States and which
have been packaged, labeled, and released for shipment prior to the
effective date of the cancellation order.
    The exceptions to these general rules are cases where more
stringent restrictions on sale, distribution, or use of the products
have already been imposed, through special reviews or other Agency
actions. These general provisions for disposition of stocks should
serve in most cases to cushion the impact of these cancellations while
the market adjusts.

III. Listing of Registrations Canceled for Non-Payment

    Table 1 of this unit lists all of the FIFRA section 24(c)
registrations, and Table 2 of this unit lists all of the FIFRA section
3 registrations which were canceled for non-payment of the 2013
maintenance fee. These registrations have been canceled by order and
without hearing. Cancellation orders were sent to affected registrants
via certified mail in the past several days. The Agency is unlikely to
rescind cancellation of any particular registration unless the
cancellation resulted from Agency error.

------------------------------------------------------------------------
         SLN No.                            Product name
------------------------------------------------------------------------
AR-08-0005...............  Superwham! (alternate Name for Wham! EZ)
AR-08-0006...............  Riceshot
AR-08-0007...............  Ricepro
AR-08-0008...............  Duet
AR-08-0009...............  Superwham! (alternate Name for Wham! EZ)
AR-08-0013...............  Ricebeaux
AR-12-0001...............  Ricebeaux Herbicide
AR-12-0002...............  Ricebeaux
AR-12-0003...............  Ricepro
AR-12-0006...............  Ricebeaux
AR-12-0007...............  Wham! EZ
CA-08-0007...............  Plantshield HC Biological Fungicide
CA-11-0003...............  Temik Brand 15G Aldicarb Pesticide
CA-87-0038...............  Griffin Direx 4L Herbicide
CA-97-0022...............  Elite 45 DF Foliar Fungicide
ID-03-0015...............  Pyristar Microencapsulated Insecticide Seed
                            Treatment
ID-07-0007...............  Honcho Plus
MN-07-0006...............  Chem Sect Brand Chem Fish Synergized
MS-05-0011...............  Meychem Glyphosate Herbicide (ABN Wise Up
                            Plus Glyphosate Herbicide)
MT-12-0001...............  Sun Pac Mildewcide
OH-02-0004...............  Slimicide C-74
OR-05-0013...............  Honcho Plus Herbicide
TX-10-0020...............  Kaput Combo Bait Mini Blocks for Rodents &
                            Fleas
WA-07-0010...............  Pear Wrap Treated with Ethoxyquin
------------------------------------------------------------------------

------------------------------------------------------------------------
     Registration No.                       Product name
------------------------------------------------------------------------
000577-00541.............  Cuprinol Wood Preservative Green No. 10
000577-00549.............  Pro-Line 1080-H Hard Vinyl Antifouling Paint
000577-00560.............  Sherwin-Williams Seaguard Hard Vinyl Anti-
                            Foulant
000655-00802.............  Prentox Larva-Lur contains Propoxur
000675-00019.............  Bulk Amphyl Brand Disinfectant
000675-00043.............  Amphyl
000706-00105.............  Multi-Use Insecticide Fogger
000777-00068.............  Lysol Brand Pre-Moistened Touch-Ups
                            Disinfecting Cleaning Wipes
000829-00268.............  SA-50 Brand Atrazine 4L Herbicide
001043-00115.............  Process Vesphene II ST
001043-00121.............  GW002 Tertiary Blend
001124-00057.............  Brillo Pinosan
001769-00188.............  Acti-Cil Weed Killer
001769-00380.............  OWT-908 Microbiocide
002382-00124.............  Preventic L.A. IGR
002382-00132.............  Flypel
002382-00155.............  Permethrin-Pyriproxyfen Residual Shampoo for
                            Dogs 1
002596-00136.............  Hartz 2 In 1 Flea & Tick Spray for Cats and
                            Dogs
002686-00017.............  Sodium Hypochlorite 10%
002749-00542.............  Trifluralin 4 E.C. Herbicide
002749-00546.............  Aceto Clethodim 2 EC
002749-00547.............  Butoxone 200 Herbicide
002749-00548.............  Butoxone SB
002749-00549.............  Butoxone Herbicide
002749-00550.............  Butoxone 7500 Herbicide
003090-00224.............  Sanitized Brand TH 22-27 DM
003377-00020.............  Bromine Chloride Disinfectant

004091-00013.............  Marquat 72 MUP
004462-00058.............  Q-Cide
005473-00005.............  Tri-San Sanitizer
007138-00015.............  Carpetmaker X-X-X with 0.85 Pendimethalin
007138-00016.............  Carpetmaker with 1.30% Pendimethalin Pre-
                            Emergence Crabgrass and Broad
007138-00024.............  XX-X-X Lawn Food with 0.069% Bifenthrin
                            Insecticide
007405-00051.............  Chemi-Cap Hosp-I-Septic G Surface
                            Disinfectant Deodorant
007546-00006.............  Shurguard
008284-00006.............  Bissell Disinfectant Spray
008284-00007.............  Bissell Disinfectant Bathroom Cleaner
010118-00001.............  Whizzer Mat Cleaner & Disinfectant
010308-00031.............  Deckmate Mosquito Repellent
010330-00020.............  Carbon Dioxide
010707-00003.............  Magnacide 407
010707-00025.............  Magnacide G100
010707-00026.............  Magnacide G 100 W
010707-00029.............  Magnacide G113
010707-00049.............  X-Cide 380 Industrial Bactericide
010707-00052.............  X-Cide 5009 Industrial Bactericide
010772-00005.............  Sno Bol Toilet Bowl Cleaner
010807-00443.............  Time-Mist Metered Insecticide II
010807-00445.............  Purge After Hours Plus Ds
011623-00044.............  Total Release Fogger III
011623-00048.............  Apollo Contact Insecticide
021165-00062.............  Pyranha 1-10 SBA Concentrate
033560-00043.............  Bareground 21
035512-00049.............  Turf Pride Fertilizer with 2% Sevin Brand
                            Carbaryl Insecticide
035512-00055.............  Turf Pride Fertilizer with 0.055% Bifenthrin
                            Insecticide
035512-00058.............  Turf Pride Fertilizer with 0.50% Ronstar
035512-00059.............  Turf Pride Fertilizer + 0.70% Preemergent
                            Weed Control
036029-00014.............  Strychnine Alkaloid N.F.
036029-00016.............  Wilco Pocket Gopher Milo Bait for Hand
                            Baiting
036029-00025.............  Wilco Gopher Getter Restricted Use Bait
038871-00001.............  Copper Carbonate--Dry
038871-00002.............  Copper Carbonate--Wet
039959-00001.............  A-106
039959-00002.............  7618
039959-00003.............  7619
040391-00003.............  Entech Fog-5
040510-00003.............  Water Purification Tablets, Iodine 50
041954-00014.............  JM Cal Hypo-TSP
042177-00009.............  Olympic Algaecide 20
042177-00077.............  Ez-Clor Litho Shock
043813-00023.............  Evipol 360SL
043813-00024.............  Evipol Technical
043813-00029.............  Xamox Technical
043813-00030.............  Xamox 3OL
043813-00031.............  Xamox 10TK
043813-00036.............  Xamox 100 SL
043889-00001.............  Capsyn
045987-00001.............  Doo-Not Dog & Cat Repellent
046043-00019.............  T.I.C.A. Technical Tablets 1''
046043-00021.............  T.I.C.A. Technical Sticks
046043-00022.............  Granular S.D.I.C. 56
046043-00028.............  Sodium Bromide Technical
046043-00031.............  Suncoast's Pool Algaecide 20
046043-20005.............  Suncoast Swimming Pool Chlorinating Shock
046620-00001.............  Requat Antimicrobial 1977 Liquid
046781-00010.............  Premicide
046923-00010.............  OBC Copper Complex NH3
048302-00008.............  TFA--10 LA
048302-00013.............  Sea Grand Prix 500-Us Part B Antifouling
                            Paint Component
048520-00011.............  Phoenix Tiny Tabs
048520-00016.............  Poly-50 Algaecide
049403-00036.............  JMAC LP10A
049517-00003.............  Moore Ag Brand Poly-Foliant V Defoliant-
                            Desiccant
049547-00014.............  Antibacterial Festival All Purpose Cleaner
051624-20001.............  AQB-035 Algae Control
051978-00001.............  Bale Champ
052991-00001.............  Bedoukian OFM Technical Pheromone
053257-20004.............  Sodium Hypochlorite Solution 5.25%
053575-00019.............  Isomate-M 100
053575-00028.............  Isomate-OMLR
054705-00011.............  Weed Stopper Hose'em

055364-00007.............  Control III Elite
056336-00003.............  Checkmate (R) OFM
056336-00004.............  Checkmate CM Technical Pheromone
056336-00005.............  Checkmate CM Hand Applied Dispenser
056336-00008.............  Surefire Japanese Beetle Trap
056336-00011.............  Consep SPR3 Codling Moth Pheromone Sprayable
056336-00020.............  Checkmate PTB-XL
056336-00023.............  Consep SPR4M Peach Twig Borer Sprayable Bead
                            Pheromone
056362-00003.............  Towerchlor 12.5
058007-00010.............  Ultrathon Insect Repellent Wipes
058295-00001.............  Barnebey & Sutcliffe Type 989 Bacteriostatic
                            Water Filter Media
060063-00039.............  Myclobutanil 2% Homeowner Fungicide
062498-00001.............  Pool Pride Granular 62
064014-00009.............  Harpoon
066617-00001.............  Island Marketing's Bugchaser Brand Insect
                            Repellent Wristband Strip
066784-00003.............  Timsen Bar Sanitizer
067517-00014.............  Disinfectant
067517-00020.............  Iodine Concentrate 3.5
068109-00001.............  Sodium Hypochlorite Solution
068329-00017.............  Alpha 418
068476-00001.............  Bugg-Less
068543-00037.............  Bengal Pyrethrins Roach Spray
068543-00039.............  Bengal Home Insect Killer
069151-00005.............  Steritech-D
069361-00021.............  Tebucon 2.9 EW
070305-00001.............  Para Mothballs
070369-00002.............  Raycide
071058-00001.............  Triap 4HF
071532-00027.............  Lambdastar 1CS-PCO
071532-00030.............  Esfenvalerate 3.5% EC
071532-00031.............  Esfenvalerate 3.5% CS-PCO
071661-00001.............  Surfacine(R) All Purpose Cleaner
071695-00001.............  CS-100 Acid Anionic Sanitizer
071871-00003.............  Sterrad Hydrogen Peroxide
072138-00006.............  Softpine
072138-00008.............  White Cap 15% Pine Oil Cleaner/Disinfectant
072244-00001.............  Holiday Fire Ant Killer E. C.
072468-00003.............  PMC 360
072468-00005.............  Mold Wipes 360
072675-00001.............  Sanisorbx
072679-00004.............  Copper Paint No.2 Green
072956-00002.............  Sanitizer Product
072977-00002.............  Axen
073232-00003.............  Smart-San D2
073354-00001.............  RRSI Amine 2,4-D
073354-00002.............  RRSI Dicamba-D
073354-00003.............  RRSI LV-6
073499-00001.............  ASAP-AGX
073499-00002.............  ASAP-AGX-32
073612-00001.............  Sentry
074062-00002.............  Winpeace(TM) SF-1
074237-00001.............  Liquid Toxi Chek Concentrate 8350
074530-00032.............  Helmquat 3 SL
074530-00049.............  Helm Metolachlor 8E
074530-00050.............  Kendo Pro 9.7 CS
074601-00001.............  Chlorothalonil Technical Fungicide
074802-00002.............  Bacteriostatic Water Conditioner Model
                            AM1O54AG
075369-00001.............  CPMCHLOR
075449-00003.............  Sodium Bichromate Solution 69%
075801-00002.............  Ateze
075829-00002.............  H2Pro Clean Start Bottle B
079533-00003.............  Coleman Skinsmart Insect Repellent Towelettes
080224-00005.............  Ovocontrol G
080286-00002.............  Splat PBW 30M-1
080286-00005.............  Splat GBM
080286-00006.............  Splat LBAM HD
080286-00008.............  Splat LBAM LD
080289-00013.............  Strada XT
080346-00004.............  MDF-500D Part A
080346-00005.............  MDF-500D Part B
080656-20001.............  Genchlor 12.5%
081114-00001.............  Amp21
081391-00001.............  Nations AG II, LLC Oxyfluorfen 2 Herbicide
081910-00001.............  PCMX

082397-00002.............  Chem-Fish Synergized
082397-00003.............  Powdered Cube Root
082498-00002.............  Grandslam 4XS Herbicide
082498-00003.............  Glyphosate 41% Super Concentrate Herbicide
082498-00004.............  Glyphosate 2% RTU Herbicide
082534-00003.............  Oxy 2EC
082542-00028.............  Solera IVM Herbicide
082691-00002.............  Stay Clean Additive B
082866-00001.............  Paraquat 3SL Herbicide
083030-00001.............  Citrex
083403-00001.............  Bactiguard Air Filters
083742-00002.............  Pond Weed Defense
084195-00001.............  Iobio Bacteria, Slime and Algae Control
085340-00001.............  Cerro Flow Products
085531-00001.............  Mavea Maxtra
085905-00005.............  CFL-3%-Diflubenzuron Feedthrough
086363-00014.............  KT Propicon 3.6EC
087246-00006.............  Cliniweave AV Powder
087373-00001.............  Argite Fipronil 96.5% Technical
088050-00001.............  Aim-C
088423-00002.............  DTN 1000 Antimicrobial
------------------------------------------------------------------------

IV. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the
cancellation order. The orders effecting these requested cancellations
will generally permit a registrant to sell or distribute existing
stocks until January 15, 2014, 1 year after the date on which the fee
was due.
    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation order. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a special review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests.

    Dated: August 29, 2013.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2013-22352 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26611-26612]
[DOCID:fr10my07-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-422-000]

Canyon Creek Compression Company; Notice of Proposed Changes in
FERC Gas Tariff

May 3, 2007.
    Take notice that on April 30, 2007, Canyon Creek Compression
Company (Canyon) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1, the following tariff sheets, to become
effective June 1, 2007:

Seventeenth Revised Sheet No. 6
Eleventh Revised Sheet No. 6A

    Canyon states that copies of the filing are being mailed to its
customers and interested state commissions.
    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 and 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 in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not 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 14 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 Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8929 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


TABLE 1: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS FOR NSPS SUBPART EE,

METAL FURNITURE SURFACE COATING FACILITIES ( A) ( B) ( C = A x B) ( D) ( E = C x D) ( F) 1 Person/ hrs Occurrences/ Person/ hrs Number of Total annual Industry Occurrences Plant/ yr Respondent Respondents Person/ hrs Cost/ yr _________________________________________________________________________________________________________

1. APPLICATIONS  Not Applicable

2. SURVEY AND STUDIES  Not Applicable

3. REPORTING REQUIREMENTS A. Read Instructions 1 1 1 30 2 30 714 B. Required Activities  Initial Performance Test 60 1 60 30 1800 50,940  Repeat of Performance Test 60 1 60 6 3 360 8,568 C. Gather Existing Info Included in 3B D. Write Report  Notify of construc/

reconstruc 2 1 2 30 60 1,428  Notify of anticip.

startup 2 1 2 30 60 1,428  Notify of actual startup 1 1 1 30 30 714  Notify of initial performance test 2 1 2 30 60 1,428  Report of performance test Included in 3B TABLE 1: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS FOR NSPS SUBPART EE,

METAL FURNITURE SURFACE COATING FACILITIES CONTINUED 1. Assume an hourly wage of $ 23.80. This amount was multiplied by amounts in Column E.

( A) ( B) ( C = A x B) ( D) ( E = C x D) ( F)

Person/ hrs Occurrences/ Person/ hrs Number of Total annual Industry Occurrences Plant/ yr Respondent Respondents Person/ hrs Cost/ yr _________________________________________________________________________________________________________

REPORTING, continued  Report of monitoring exceedances and periods of noncompliance 16 4 64 110 4 7,040 179,737  Report of no excess emissions 2 2 4 442 5 1,768 42,078  Report when exceed size cutoff 2 1 2 0 0 0 4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A B. Plan Activities Included in 4C C. Implement Activities Included in 3B D. Develop Record System  Not Applicable

E. Time to enter info  Record of startup,

shutdown, malfunction 1.5 50 6 75 553 7 41,475 987,105  Record of operating parameters .25 350 8 87.5 553 48,387 1,151,622 TOTAL ANNUAL BURDEN: 101,070 $ 2,360,542 _____________________________________________________________________________________________________________________

___ TABLE 1: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS FOR NSPS SUBPART EE,

METAL FURNITURE SURFACE COATING FACILITIES Table Footnotes 2. Total of 30 lines constructed per year within existing facilities. Equal amount of facilities will go off line as on line, therefore no net new facilities anticipated in the next three years.

3. Assume 20% of initial performance tests must be repeated due to failure.

4. Assume 20% (. 2 x 553 = 110).

5. Assume 80% of lines report no excess emissions semiannually (. 8 x 553 = 442).

6. Assume one occurrence per week ( 50 weeks per year).

7. Number derived from query of EPA's IDEA database, and from information received from the Office of Air Quality Planning and Standards, with assumption that new sources will replace old ones at an equal pace.

8. Assume operating parameters recorded 350 days per year.


[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Page 47103]
[FR Doc No: 2014-19038]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-1409-000]

ISO New England, Inc.; Notice of Motion for Disclosure of
Redacted Information

    On July 31, 2014, Belmont Municipal Light Department, Braintree
Electric Light Department, Concord Municipal Light Plant, Georgetown
Municipal Light Department, Groveland Electric Light Department,
Hingham Municipal Lighting Plant, Littleton Electric Light and Water
Department, Merrimac Municipal Light Department, Middleton Electric
Light Department, Rowley Municipal Lighting Plant, Taunton Municipal
Lighting Plant and Wellesley Municipal Light Plant (collectively, the
Eastern Massachusetts Consumer-Owned Systems or EMCOS) jointly filed a
motion pursuant to Rule 212 of the Commission's Rules of Practice and
Procedure, to disclose in entirety ISO-New England's (ISO-NE) response
to the Director, Division of Electric Power Regulation--East's
deficiency letter issued June 27, 2014, notwithstanding ISO-NE's
request to treat the redacted portions of its response as confidential.
EMCOS also request that ISO-NE's complete response be re-noticed with
adequate time to permit intervenors to evaluate the redacted
information.
    Answers to the motion must be filed by 5:00 p.m. Eastern time on
Monday, August 11, 2014.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 6, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19038 Filed 8-11-14; 8:45 am]
BILLING CODE 6717-01-P


Signature of witness or notary:
________________________________________________________________________

	(e) If the guarantor is a state, the local government guarantee without standby trust must be worded exactly as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all third parties and obliges that:
    In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from the [Director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within 10 days after commencement of the proceeding.
    (5) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.
    (7) The guarantor's obligation does not apply to any of the following:
    (a) Any obligation of [local government owner or operator] under a workers' compensation disability benefits, or unemployment compensation law or other similar law;
    (b) Bodily injury to an employee of [insert local government owner or operator] arising from, and in the course of, employment by [insert: local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR part 280.93.
    (8) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR part 280.106(e) as such regulations were constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

    If the guarantor is a local government, the local government guarantee without standby trust must be worded exactly as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee Without Standby Trust Made by a Local Government

    Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government bond rating test requirements of 40 CFR part 280.104, the local government financial test requirements of 40 part CFR 280.105, the local government fund under 40 CFR part 280.107(a), 280.107(b), or 280.107(c).
    (2) [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR part 280 or the corresponding state requirement, and the name and address of the facility.] This guarantee satisfies 40 CFR part 280, subpart H requirements for assuring funding for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate.
    (3) Incident to our substantial governmental relationship with [local government owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties and obliges that:
    In the event that [local government owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from the [Director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees that if at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), guarantor shall send within 120 days of such failure, by certified mail, notice to [local government owner or operator], as evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within 10 days after commencement of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than 120 days after receipt of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.
    (8) The guarantor's obligation does not apply to any of the following:
    (a) Any obligation of [local government owner or operator] under a workers' compensation disability benefits, or unemployment compensation law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner or operator] arising from, and in the course of, employment by [insert: local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR part 280.93.
    (9) Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR part 280.106(e) as such regulations were constituted on the effective date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

§ 280.107  Local government fund.

	A local government owner or operator may satisfy the requirements of § 280.93 by establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in paragraph (b), a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund will be considered eligible if it meets one of the following requirements:

	(a) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks and is funded for the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage; or

	(b) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order as a contingency fund for general emergencies, including taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks, and is funded for five times the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage. If the fund is funded for less than five times the amount of coverage required under § 280.93, the amount of financial responsibility demonstrated by the fund may not exceed one-fifth the amount in the fund; or

	(c) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks. A payment is made to the fund once every year for seven years until the fund is fully-funded. This seven year period is hereafter referred to as the "pay-in-period." The amount of each payment must be determined by this formula:

                                   TF  -  CF
                                       Y

Where TF is the total required financial assurance for the owner or operator, CF is the current amount in the fund, and Y is the number of years remaining in the pay-in-period, and;

	(1) The local government owner or operator has available bonding authority, approved through voter referendum (if such approval is necessary prior to the issuance of bonds), for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund. This bonding authority shall be available for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks, or

	(2) The local government owner or operator has a letter signed by the appropriate state attorney general stating that the use of the bonding authority will not increase the local government's debt beyond the legal debt ceilings established by the relevant state laws. The letter must also state that prior voter approval is not necessary before use of the bonding authority.

	(d) To demonstrate that it meets the requirements of the local government fund, the chief financial officer of the local government owner or operator and/or guarantor must sign a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage"] caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by this local government fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by the local government fund].
    [Insert: "The local government fund is funded for the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage." or "The local government fund is funded for five times the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanisms(s) that provide the remaining coverage," or "A payment is made to the fund once every year for seven years until the fund is fully-funded and [name of local government owner or operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference
between the required amount of coverage and the amount held in the dedicated fund" or "A payment is made to the fund once every year for seven years until the fund is fully-funded and I have attached a letter signed by the State Attorney General stating that (1) the use of the bonding authority will not increase the local government's debt beyond the legal debt ceilings established by the relevant state laws and (2) that prior voter approval is not necessary before use of the bonding authority"].
    The details of the local government fund are as follows:
Amount in Fund (market value of fund at close of last fiscal year):_____
    [If fund balance is incrementally funded as specified in §
280.107(c), insert:
Amount added to fund in the most recently completed fiscal year:_____
Number of years remaining in the pay-in period: _____]

    A copy of the state constitutional provision, or local government statute, charter, ordinance or order dedicating the fund is attached.
    I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.107(d) as such regulations were constituted on the date shown immediately below.
[Date]
[Signature]
[Name]
[Title]

§ 280.108  Substitution of financial assurance mechanisms by owner or operator.

	(a) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subpart, provided that at all times he maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the requirements of § 280.93.

	(b) After obtaining alternate financial assurance as specified in this subpart, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.

§ 280.109  Cancellation or nonrenewal by a provider of financial assurance.

	(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator.

	(1) Termination of a local government guarantee, a guarantee, a surety bond, or a letter of credit may not occur until 120 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

	(2) Termination of insurance or risk retention coverage, except for non-payment or misrepresentation by the insured, or state-funded assurance may not occur until 60 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt. Termination for non-payment of premium or misrepresentation by the insured may not occur until a minimum of 10 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

	(b) If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the provider as specified in § 280.114, the owner or operator must obtain alternate coverage as specified in this section within 60 days after receipt of the notice of termination. If the owner or operator fails to obtain alternate coverage within 60 days after receipt of the notice of termination, the owner or operator must notify the Director of the implementing agency of such failure and submit:

	(1) The name and address of the provider of financial assurance;

	(2) The effective date of termination; and

	(3) The evidence of the financial assistance mechanism subject to the termination maintained in accordance with § 280.111(b).

§ 280.110  Reporting by owner or operator.

	(a) An owner or operator must submit the appropriate forms listed in § 280.111(b) documenting current evidence of financial responsibility to the Director of the implementing agency:

	(1) Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under § 280.53 or § 280.61;

	(2) If the owner or operator fails to obtain alternate coverage as required by this subpart, within 30 days after the owner or operator receives notice of:

	(i) Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor,

	(ii) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism,

	(iii) Failure of a guarantor to meet the requirements of the financial test,

	(iv) Other incapacity of a provider of financial assurance; or

	(3) As required by § 280.95(g) and § 280.109(b).

	(b) An owner or operator must certify compliance with the financial responsibility requirements of this part as specified in the new tank notification form when notifying the appropriate state or local agency of the installation of a new underground storage tank under § 280.22.

	(c) The Director of the Implementing Agency may require an owner or operator to submit evidence of financial assurance as described in § 280.111(b) or other information relevant to compliance with this subpart at any time.

§ 280.111  Recordkeeping.

	(a) Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subpart for an underground storage tank until released from the requirements of this subpart under § 208.113. An owner or operator must maintain such evidence at the underground storage tank site or the owner's or operator's place of work. Records maintained off-site must be made available upon request of the implementing agency.

	(b) An owner or operator must maintain the following types of evidence of financial responsibility:

	(1) An owner or operator using an assurance mechanism specified in §§ 280.95 through 280.100 or § 280.102 or §§ 280.104 through 280.107 must maintain a copy of the instrument worded as specified.

	(2) An owner or operator using a financial test or guarantee, or a local government financial test or a local government guarantee supported by the local government financial test must maintain a copy of the chief financial officer's letter based on year-end financial statements for the most recent completed financial reporting year. Such evidence must be on file no later than 120 days after the close of the financial reporting year.

	(3) An owner or operator using a guarantee, surety bond, or letter of credit must maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

	(4) A local government owner or operator using a local government guarantee under § 280.106(d) must maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

	(5) A local government owner or operator using the local government bond rating test under § 280.104 must maintain a copy of its bond rating published within the last twelve months by Moody's or Standard & Poor's.

	(6) A local government owner or operator using the local government guarantee under § 280.106, where the guarantor's demonstration of financial responsibility relies on the bond rating test under § 280.104 must maintain a copy of the guarantor's bond rating published within the last twelve months by Moody's or Standard & Poor's.

	(7) An owner or operator using an insurance policy or risk retention group coverage must maintain a copy of the signed insurance policy or risk retention group coverage policy, with the endorsement or certificate of insurance and any amendments to the agreements.

	(8) An owner or operator covered by a state fund or other state assurance must maintain on file a copy of any evidence of coverage supplied by or required by the state under § 280.101(d).

	(9) An owner or operator using a local government fund under §
280.107 must maintain the following documents:

	(i) A copy of the state constitutional provision or local government statute, charter, ordinance, or order dedicating the fund, and

	(ii) Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the financial statements must show the previous year's balance, the amount of funding during the year, and the closing balance in the fund.

	(iii) If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the owner or operator must also maintain documentation of the required bonding authority, including either the results of a voter referendum (under § 280.107(c)(1)), or attestation by the State Attorney General as specified under § 280.107(c)(2).

	(10) A local government owner or operator using the local government guarantee supported by the local government fund must maintain a copy of the guarantor's year-end financial statements for the most recent completed financial reporting year showing the amount of the fund.

	(11)(i) An owner or operator using an assurance mechanism specified in §§ 280.95 through 280.107 must maintain an updated copy of a certification of financial responsibility worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

                Certification of Financial Responsibility

    [Owner or operator] hereby certifies that it is in compliance with the requirements of subpart H of 40 CFR part 280.
    The financial assurance mechanism(s) used to demonstrate financial responsibility under subpart H of 40 CFR part 280 is (are) as follows:
    [For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period
of coverage and whether the mechanism covers "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases."]

[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]

	(ii) The owner or operator must update this certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility change(s).

§ 280.112  Drawing on financial assurance mechanisms.

	(a) Except as specified in paragraph (d) of this section, the Director of the implementing agency shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the Director, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:

	(1)(i) The owner or operator fails to establish alternate financial
assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and

	(ii) The Director determines or suspects that a release from an underground storage tank covered by the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the Director pursuant to subparts E or F of a release from an underground storage tank covered by the mechanism; or

	(2) The conditions of paragraph (b)(1) or (b)(2) (i) or (ii) of this section are satisfied.

	(b) The Director of the implementing agency may draw on a standby trust fund when:

	(1) The Director makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under 40 CFR part 280, subpart F; or

	(2) The Director has received either:

	(i) Certification from the owner or operator and the third-party liability claimant(s) and from attorneys representing the owner or operator and the third-party liability claimant(s) that a third-party liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as principals and as legal representatives of [insert: owner or operator] and [insert: name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [owner's or operator's] underground storage tank should be paid in the amount of $[ ________ ].
[Signatures]
    Owner or Operator
    Attorney for Owner or Operator
    (Notary)
    Date
[Signatures]
    Claimant(s)
    Attorney(s) for Claimant(s)
    (Notary)
    Date
or

	(ii) A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from an underground storage tank covered by financial assurance under this subpart and the Director determines that the owner or operator has not satisfied the judgment.

	(c) If the Director of the implementing agency determines that the amount of corrective action costs and third-party liability claims eligible for payment under paragraph (b) of this section may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The Director shall pay third-party liability claims in the order in which the Director receives certifications under paragraph (b)(2)(i) of this section, and valid court orders under paragraph (b)(2)(ii) of this section.

	(d) A governmental entity acting as guarantor under § 280.106(e), the local government guarantee without standby trust, shall make payments as directed by the Director under the circumstances described in § 280.112 (a), (b), and (c).

§ 280.113  Release from the requirements.

	An owner or operator is no longer required to maintain financial responsibility under this subpart for an underground storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been completed and the tank has been permanently closed as required by 40 CFR part 280, subpart G.

§ 280.114  Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

	(a) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must notify the Director of the implementing agency by certified mail of such commencement and submit the appropriate forms listed in § 280.111(b) documenting current financial responsibility.

	(b) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing financial assurance as debtor, such guarantor must notify the owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in § 280.96.

	(c) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local government owner or operator as debtor, the local government owner or operator must notify the Director of the implementing agency by certified mail of such commencement and submit the appropriate forms listed in § 280.111(b) documenting current financial responsibility.

	(d) Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing a local government financial assurance as debtor, such guarantor must notify the local government owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in § 280.106.

	(e) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance will be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or state-required mechanism. The owner or operator must obtain alternate financial assurance as specified in this subpart within 30 days after receiving notice of such an event. If the owner or operator does not obtain alternate coverage within 30 days after such notification, he must notify the Director of the implementing agency.

	(f) Within 30 days after receipt of notification that a state fund or other state assurance has become incapable of paying for assured corrective action or third-party compensation costs, the owner or operator must obtain alternate financial assurance.

§ 280.115  Replenishment of guarantees, letters of credit, or surety bonds.

	(a) If at any time after a standby trust is funded upon the instruction of the Director of the implementing agency with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator shall by the anniversary date of the financial mechanism from which the funds were drawn:

	(1) Replenish the value of financial assurance to equal the full amount of coverage required, or

	(2) Acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

	(b) For purposes of this section, the full amount of coverage required is the amount of coverage to be provided by § 280.93 of this subpart. If a combination of mechanisms was used to provide the assurance funds which were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

§ 280.116  Suspension of enforcement. [Reserved]

Subpart I  -  Lender Liability

EPA made no changes to this subpart.

Subpart  J  -  Operator Training

§ 280.240  General requirement for all UST systems.

	Not later than [three years after the effective date of rule], all owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subpart.

§ 280.241  Designation of operators.

	UST system owners and operators must designate:

	(a)  At least one Class A and one Class B operator for each UST or group of USTs at a facility; and

	(b)  Each individual who meets the definition of Class C operator at the UST facility as a Class C operator.  Class C operators must be employees of the UST system owner and operator.
§ 280.242  Requirements for operator training.

	UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section.  Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to the operator class in which the individual is designated.

	(a)  Class A operators.  Each designated Class A operator must either be trained in accordance with paragraphs (a)(1) and (a)(2) of this section or pass a comparable examination in accordance with paragraph (e) of this section.  Class A operators must receive training from an independent trainer.

	(1)  At a minimum, the training program for the Class A operator must provide general knowledge of the requirements in this paragraph.  At a minimum, the training must teach the Class A operators, as applicable, on the purpose, methods, and function of:

	(i)  Spill and overfill prevention;

	(ii)  Release detection;

	(iii)  Corrosion protection;

	(iv)  Emergency response;

	(v)  Product and equipment compatibility;

	(vi)  Financial responsibility;

	(vii)  Notification and storage tank registration;

	(viii)  Temporary and permanent closure;

	(ix)  Related reporting and recordkeeping;

	(x)  Environmental and regulatory consequences of releases; and

	(xi)  Training requirements for Class B and Class C operators.

	(2)  At a minimum, the training program must evaluate Class A operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, maintenance, and recordkeeping requirements for UST systems in accordance paragraph (a)(1) of this section.

	(b)  Class B operators.  Each designated Class B operator must either receive training in accordance with paragraphs (b)(1) and (b)(2) of this section or pass a comparable examination, in accordance with paragraph (e) of this section.  Class B operators must receive training from an independent trainer.

	(1)  At a minimum, the training program for the Class B operator must cover either: general requirements that encompass all regulatory requirements and typical equipment used at UST facilities; or site-specific requirements which address only the regulatory requirements and equipment specific to the facility.  At a minimum, the training program for Class B operators must teach the Class B operator, as applicable, on the purpose, methods, and function of:

	(i)  Operation and maintenance;

	(ii)  Spill and overfill prevention;

	(iii)  Release detection and related reporting;

	(iv)  Corrosion protection and related testing;

	(v)  Emergency response;

	(vi)  Product and equipment compatibility;

	(vii)  Reporting and recordkeeping;

	(viii)  Environmental and regulatory consequences of releases; and

	(ix)  Training requirements for Class C operator.

	(2)  At a minimum, the training program must evaluate Class B operators to determine these individuals have the knowledge and skills to implement applicable UST regulatory requirements in the field on the components of typical UST systems or, as applicable, site-specific equipment used at an UST facility in accordance with paragraph (b)(1) of this section.

	(c)  Class C operators. Each designated Class C operator must either: be trained by a Class A or Class B operator in accordance with paragraphs (c)(1) and (c)(2) of this section; complete a training program in accordance with paragraphs (c)(1) and (c)(2) of this section; or pass a comparable examination, in accordance with paragraph (e) of this section.

	(1)  At a minimum, the training program for the Class C operator must teach the Class C operators to take appropriate actions in response to:

	(i)  Emergencies; and

	(ii)  Alarms caused by spills or releases from the UST system.

	(2)  At a minimum, the training program must evaluate Class C operators to determine these individuals have the knowledge and skills to take appropriate action in response to emergencies (including situations posing an immediate danger or threat to the public or to the environment and that require immediate action) or alarms caused by spills or releases from an underground storage tank system.

	(d)  Training program.  Any training program must meet the minimum requirements of this section and include an evaluation through testing, a practical demonstration, or another approach acceptable to the implementing agency.  The evaluation component of the training program must be developed and administered by an independent organization or the implementing agency or delegated authority.

	(e)  Comparable Examination.  A comparable examination must, at a minimum, test the knowledge of the Class A, Class B, or Class C operators in accordance with the requirements of paragraphs (a),(b), or (c) of this section, as applicable.  The examination must be developed and administered by an independent organization or the implementing agency or delegated authority.

§ 280.243  Timing of operator training.

	(a)  An owner and operator must ensure that designated Class A, Class B, and Class C operators meet requirements in § 280.242 according to the following schedule:

                    Phase-In Schedule For Operator Training
                                   Criteria
       Date When Operator Training Or Comparable Examination Is Required
One or more USTs at the facility were installed on or before 12/22/1988
[1 year after effective date of rule]
No USTs at the facility were installed on or before 12/22/1988 and at least one UST at the facility was installed on or before 12/22/1998
[2 years after effective date of rule]
All USTs at the facility were installed after 12/22/1998
[3 years after effective date of rule]

	(b)  Class A and Class B operators designated after the applicable effective date indicated in the schedule above must meet requirements in § 280.242 within 30 days of assuming duties.

	(c)  Class C operators designated after the applicable effective date indicated in the schedule above must be trained before assuming duties of a Class C operator.

§ 280.244  Retraining.

	Class A and Class B operators of UST systems determined by the implementing agency to be out of compliance must complete a training program or comparable examination in accordance with requirements in § 280.242.  At a minimum, the training must cover the area(s) determined to be out of compliance.  UST system owners and operators must ensure Class A and Class B operators are retrained pursuant to this section no later than 30 days from the date the implementing agency determines the facility is out of compliance except in one of the following situations:

	(a)  Class A and Class B operators take annual refresher training.   Refresher training for Class A and Class B operators must cover all applicable requirements in § 280.242, or

	(b)  The implementing agency, at its discretion, grants a waiver of this retraining requirement to either the Class A or Class B operator or both.

§ 280.245  Documentation.

	Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with § 280.34 as follows:

	(a)  The list must:

	(1)  Identify all Class A, Class B, and Class C operators at the facility over the last three years; and

	(2)  Include names, class of operator trained, date assumed duties, date each completed initial training, and any retraining.

	(b)  Records verifying completion of training or retraining must be a paper or electronic record for Class A, Class B, and Class C operators.  The records, at a minimum, must identify name of trainee, date trained, and operator training class completed.  Owners and operators must maintain these records for as long as Class A, Class B, and Class C operators are designated.  The following requirements also apply to the following types of training:

	(1)  Records from classroom or field training programs or a comparable examination must, at a minimum, be signed by the trainer or examiner and list the printed name of the trainer or examiner and the company name, address, and phone number;

	(2)  Records from computer-based training must, at a minimum, indicate the name of the training program and web address, if Internet-based; and

	(3)  Records of retraining must include those areas on which the Class A or Class B operator has been retrained.