81 FR 4029 - Ortho-Phthalaldehyde; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 15 (January 25, 2016)

EPA has received a specific exemption request from the National Aeronautics and Space Administration (NASA) to use the pesticide ortho-phthalaldehyde (OPA) (CAS No. 643-79-8) to treat the internal active thermal control system (IATCS) coolant of the International Space Station, comprised of the United States (U.S.) Laboratory Module, the Japanese Experiment Module, the Columbus, and Node 3, to control aerobic/microaerophilic water bacteria. The applicant proposes the use of a chemical which is not currently registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4029-4030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01350]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0818; FRL-9941-09]


Ortho-Phthalaldehyde; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the 
National Aeronautics and Space Administration (NASA) to use the 
pesticide ortho-phthalaldehyde (OPA) (CAS No. 643-79-8) to treat the 
internal active thermal control system (IATCS) coolant of the 
International Space Station, comprised of the United States (U.S.) 
Laboratory Module, the Japanese Experiment Module, the Columbus, and 
Node 3, to control aerobic/microaerophilic water bacteria. The 
applicant proposes the use of a chemical which is not currently 
registered by EPA. EPA is soliciting public comment before making the 
decision whether or not to grant the exemption.

DATES: Comments must be received on or before February 9, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0818, 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.
    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: Susan Lewis, 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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, 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. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (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

[[Page 4030]]

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 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. NASA has requested the 
EPA Administrator to issue a specific exemption for the use of OPA in 
the International Space Station IATCS coolant to control aerobic/
microaerophilic water bacteria. Information in accordance with 40 CFR 
part 166 was submitted as part of this request.
    As part of this request, the applicant asserts that it has 
considered the registered biocides and has concluded that OPA is the 
most effective biocide which meets the requisite criteria including: 
The need for safe, non-intrusive implementation and operation in a 
functioning system; the ability to control existing planktonic and 
biofilm residing micro-organisms; a negligible impact on system-wetted 
materials of construction; and a negligible reactivity with existing 
coolant additives. The International Space Station would not have an 
adequate long-term solution for controlling the micro-organisms in the 
coolant systems without the use of OPA.
    The OPA is immobilized onto a porous resin material. Delivery into 
the coolant system is through connecting a stainless steel canister 
which contains the OPA-impregnated resin into the coolant system loop, 
using flexible hose and quick disconnects. As the coolant fluid flows 
through the canister, the OPA effectively elutes from the resin 
material into the coolant fluid.
    The applicant proposes to make one application to obtain a 
concentration of up to 500 mg/L OPA, to the loops of the IATCS coolant 
system of the International Space Station comprised of the U.S. 
Laboratory Module (coolant system volume of 272 L), the Japanese 
Experiment Module (coolant system volume of 213 L), the Columbus 
(coolant system volume of 150 L), and Node 3 (coolant system volume of 
194 L) for a total volume of 829 L. The maximum amount potentially used 
under the emergency exemption totals 1,964 cm\3\ OPA resin, and would 
provide control of aerobic/microaerophilic water bacteria for 
approximately one year, at which point the system would require 
replenishment. NASA has obtained approval for this use through EPA 
authorization of emergency exemptions annually over the past four 
years.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing use of an active ingredient which has not been 
registered by EPA. The notice provides an opportunity for public 
comment on the application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemption requested by the National Aeronautics and Space 
Administration.

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

    Dated: January 15, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-01350 Filed 1-22-16; 8:45 am]
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