[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Notices]
[Pages 49368-49369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17702]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2013-0433; FRL-10012-79]
Cuprous Iodide; Draft Ecological Risk Assessment for Federally
Listed Species; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
announcing the availability of and soliciting public comment on EPA's
draft Ecological Risk Assessment for Federally Listed Species for the
antimicrobial pesticide, cuprous iodide.
DATES: Comments must be received on or before September 14, 2020.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0433, through the Federal eRulemaking
Portal at http://www.regulations.gov. Please 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.
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: Jacqueline Hardy, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 308-6416; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including those with
environmental and human health interests; the chemical industry,
pesticide users; and members of the public interested in the sale,
distribution, or use of articles that may be fabricated with this
pesticide and/or potential impacts of this pesticide's use on
threatened or endangered (listed) species and designated critical
habitats. Since others may be interested, the Agency has not attempted
to describe all the specific entities that may be affected by this
action. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FURTHER
INFORMATION CONTACT.
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 https://www.epa.gov/dockets/commenting-epa-dockets#tips.
II. What action is the Agency taking?
A. Authority
The Endangered Species Act (ESA) requires federal agencies, such as
EPA, to ensure that their actions are not likely to jeopardize the
continued existence of species listed as threatened or endangered under
the ESA or destroy or adversely modify the designated critical habitat
of such species. The registration of a pesticide containing a new
active ingredient under the Federal Insecticide, Fungicide, and
Rodenticide Action (FIFRA) constitutes an EPA ``action'' under the ESA.
If EPA
[[Page 49369]]
determines a pesticide may affect a listed species or its designated
critical habitat, EPA must initiate consultation with the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service
(collectively referred to as the Service), as appropriate.
B. Background
Cupron Cuprous Iodide Masterbatch (EPA Reg. No. 84542-9) containing
the new active ingredient, cuprous iodide, was registered October 6,
2015. Cuprous Iodide Masterbatch is a material preservative that is
incorporated into manufactured products to suppress the growth of
algae, mold, mildew, fungi, and bacteria which may cause unpleasant
odors, discoloration, staining, deterioration, or corrosion. This
product is mixed with a compatible polymer used to create fibers,
plastics, and films. Cuprous iodide is incorporated at a rate not
exceed 5.0% by weight and is evenly distributed throughout the final
article. The Cupron Cuprous Iodide Masterbatch label allows a myriad of
uses including but not limited to bedding, apparel, outerwear,
undergarments, hosiery, carpets, plastic composites, floor coverings,
carpet, draperies, upholstery, plumbing supplies, tiles, wallboard,
shoes, sails, and awnings. As the cuprous iodide is expected to be
tightly bound within the polymer matrices, environmental exposure to
cuprous iodide from these uses is extremely limited and is not
reasonably expected to reach concentrations high enough to cause any
discernible effects.
On March 4, 2019, the Center of Biological Diversity (CBD) filed a
lawsuit against the Agency alleging that EPA violated the ESA by
failing to ensure that the registration of Cupron Cuprous Iodide
Masterbatch would not jeopardize any listed species or destroy or
modify their critical habitat, and by failing to consult with the U.S.
Fish and Wildlife Service and the National Marine Fisheries Service as
required under the ESA.
The primary pathway by which cuprous iodide would be expected to be
released to the aquatic environment is from down-the-drain discharges
by leaching during in-service use of manufactured products via fabric
washing at institutional facilities, commercial establishments, and
residences. In order to facilitate settlement of the lawsuit, Cupron
submitted a label amendment removing from its label approved uses in
articles that could be frequently washed such as bedding, mattress
covers, apparel, outerwear, undergarments, and hosiery.
The Agency conducted an ecological risk assessment for federally
listed species for cuprous iodide for the subset of uses that would
remain on the revised label. The proposed label includes uses for
fibers (fiberfill for quilts and pillows, vacuum cleaner bags, sleeping
bags, brush bristles, air and dust filters, book covers, carpets, rugs,
mats, carpet underlay, carpet backing, broadloom and tile carpeting,
conveyor belts that do not come in contact with any type of food,
automotive and truck upholstery, automotive and truck carpeting and
interior liners, shoes, gloves and helmets, sails, ropes, canvas,
ducking, awnings, umbrellas) and for plastics and films (automotive and
vehicular parts, brush handles, building materials and components
(excluding shingles), wood composites, non-food contact plastic
composites, conveyor belts that do not come in contact with any type of
food, floor covering, flooring, footwear including boots, furniture,
gaskets, glazing for cement tile and for toilets, indoor furniture,
insulation for wire and cable, insulators, kitchen and bathroom
hardware, plumbing supplies and fixtures including sinks, indoor sports
equipment, tape, tiles, tubing, vacuum cleaner bags, wallboard, walls,
waste containers, personal hygiene devices such as combs, brushes, and
hairclips). The Cupron Cuprous Iodide Masterbatch label would specify
that it may not be used as a coating, film, or laminate on any other
product than those listed on the label.
The draft ecological risk assessment for federally listed species
for cuprous iodide shows that the potential exposures to terrestrial
and aquatic organisms (including listed species) from cuprous iodide
are not reasonably expected to occur at levels that would result in a
discernible effect from the uses that would be allowed on the revised
Cupron Cuprous Iodide Masterbatch label. The Agency proposes to make a
No Effects (NE) determination for all Federally-listed-threatened/
endangered species and critical habitats for the narrowed set of uses
of cuprous iodide that would be allowed under the proposed label
amendments.
C. Public Comments Sought
After reviewing public comments on the draft ecological risk
assessment for federally listed species for cuprous iodide, EPA will
issue, if necessary, a revised ecological risk assessment and a
response to comments document before amending the registration. If EPA
determines that this set of pesticide uses may affect listed species
and/or their designated critical habitat, EPA will initiate
consultation with the Services, as appropriate.
Authority: 7 U.S.C. 136 et seq.
Dated: August 7, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-17702 Filed 8-12-20; 8:45 am]
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