[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8784-8785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02662]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0007; FRL-10019-60]
Benzene, 1-(1,1-dimethylethyl)-4-ethenyl-, polymer with
ethenylbenzene and 2-methyl-1,3-butadiene, sulfonated (Referred to as
BIAXAM Polymer); Receipt of Applications for Emergency Exemptions,
Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received public health exemption requests from the
Utah Department of Agriculture and Food (UDAF) and the Minnesota
Department of Agriculture (MDA) to use the pesticide benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated (referred to as BIAXAM Polymer) (CAS No.
1637665-77-0) to treat nonporous, non-food-contact surfaces associated
with the interior of aircraft and airports to control the new novel
Severe Acute Respiratory Syndrome Coronavirus (SARS-CoV-2). The
applicants propose the use of a new chemical which has not been
registered as a pesticide by EPA. EPA is soliciting public comment
before making the decision whether or not to grant the exemptions.
DATES: Comments must be received on or before February 24, 2021.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0007, is available 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), 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 (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805.
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.
Submit your comments, identified by docket ID number EPA-HQ-OPP-
2021-0007, by one of the following methods:
[[Page 8785]]
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 https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket,
along with more information about dockets generally, is available at
http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are a
provider of services related to aircraft and airports, or pesticide
manufacturer. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Other types of entities not listed could also
be affected. Potentially affected entities may include:
Air transportation (NAICS code 481).
Support activities for air transportation (NAICS code
4881).
Travel arrangement and reservation service (aircraft)
(NAICS code 5615).
Janitorial services (aircraft and airports) (NAICS code
56172).
Airline food services contractors (NAICS code 722310).
Pesticide manufacturer (NAICS code 32532).
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.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.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.
II. What action is the Agency taking?
Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. The UDAF and the MDA have
requested the EPA Administrator to issue public health exemptions for
the use of benzene, 1-(1,1-dimethylethyl)-4-ethenyl-, polymer with
ethenylbenzene and 2-methyl-1,3-butadiene, sulfonated (referred to as
BIAXAM Polymer) to treat nonporous surfaces associated with the
interior of aircraft and airports to control SARS-CoV-2. Information in
accordance with 40 CFR part 166 was submitted as part of these
requests.
As part of these requests, the applicants assert that SARS-CoV-2,
the virus that causes COVID-19, presents a significant public health
risk, particularly to airline passengers confined in a small space for
an extended time period. Although contact liquid and spray
disinfectants to control SARS-CoV-2 are available, the applicants state
that there are no products available that provide ongoing residual
protection against the virus. The applicants state that the requested
product, a peel and stick film with BIAXAM polymer coating (BIAXAM
Film), adheres to surfaces and kills SARS-CoV-2 when the virus contacts
the surface, providing residual protection on surfaces to people who
later come into contact. The applicants believe that the product will
provide an essential tool to facilitate safe air travel by protecting
against exposure to SARS-CoV-2 in airport terminals and aircraft.
The Applicants propose to apply up to 70,000 square feet of BIAXAM
film in Utah, and up to 74,000 square feet in Minnesota, to interior
nonporous, non-food-contact surfaces in airport facilities and aircraft
owned or controlled by Delta Air Lines, Inc., within the states of Utah
and Minnesota.
This notice does not constitute a decision by EPA on the
applications themselves. The regulations governing FIFRA section 18
require publication of a notice of receipt of an application for a
public health exemption proposing use of a new chemical (i.e., an
active ingredient) which has not been registered as a pesticide by EPA.
This notice provides an opportunity for public comment on the
applications. The Agency will review and consider all comments received
during the comment period in determining whether to issue the public
health exemptions requested by the UDAF and the MDA.
Authority: 7 U.S.C. 136 et seq.
Dated: January 27, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-02662 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P