[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24738-24739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09954]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2013-0276; FRL-9385-2]
Ethylene Oxide; 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 quarantine exemption request from the
United States Department of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS) to use the pesticide ethylene oxide (CAS No.
75-21-8) to sterilize the interior surfaces of enclosed animal isolator
units to control microorganisms. The applicant proposes a use of a
pesticide which contains an active ingredient which is or has been the
subject of a Special Review, and which could pose a risk similar to the
risk which is or has been the subject of the Special Review. EPA is
soliciting public comment before making the decision whether or not to
grant the exemption.
DATES: Comments must be received on or before May 13, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0276, 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.htm.
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: Keri Grinstead, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 308-8373; fax number: (703) 605-0781; 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 submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
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. USDA APHIS has requested
the EPA Administrator to issue a quarantine exemption for the use of
ethylene oxide to sterilize interior
[[Page 24739]]
surfaces of enclosed animal isolator units used at USDA National
Veterinary Services Laboratories (NVSL) and the National Animal Disease
Center (NADC) in Ames, IA. Information in accordance with 40 CFR part
166 was submitted as part of this request.
As part of this request, the applicant asserts that without the
ability to sterilize animal isolators, NVSL and NADC would not be able
to conduct studies of national importance. NVSL and NADC provide
diagnosis for animal diseases and diagnostic support for disease
control and eradication. Ethylene oxide is an effective sterilizer, yet
is non-corrosive on delicate instruments and electrical equipment.
The applicant proposes that enclosed animal isolator units used at
USDA NVSL and NADC in Ames, IA will be sterilized 5 to 7 times over the
3-year term of the exemption. Six pounds of product (8.6% ethylene
oxide) will be applied to each unit for each sterilization.
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 quarantine
exemption proposing use of a pesticide which contains an active
ingredient which is or has been the subject of a Special Review, and
which could pose a risk similar to the risk which is or has been the
subject of the Special Review. 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 quarantine exemption requested by the USDA APHIS.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 19, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-09954 Filed 4-25-13; 8:45 am]
BILLING CODE 6560-50-P