Notice2024-19601
Ortho-phthalaldehyde; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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 coolant fluid of the internal active thermal control system of the International Space Station to control aerobic/microaerophilic bacteria in the aqueous coolant. The applicant proposes the use of a new chemical which has not been registered by EPA. Therefore, in accordance with the Code of Federal Regulations, EPA is soliciting public comment before making the decision whether to grant the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 170 (Tuesday, September 3, 2024)</title>
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[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Notices]
[Pages 71268-71269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19601]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0406; FRL-12210-01-OCSPP]
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
coolant fluid of the internal active thermal control system of the
International Space Station to control aerobic/microaerophilic bacteria
in the aqueous coolant. The applicant proposes the use of a new
chemical which has not been registered by EPA. Therefore, in accordance
with the Code of Federal Regulations, EPA is soliciting public comment
before making the decision whether to grant the exemption.
DATES: Comments must be received on or before September 18, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0406, through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#21736567736f4e5548424452614451400f464e57"><span class="__cf_email__" data-cfemail="11435557435f7e6578727462517461703f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a
pesticide manufacturer, North American Industrial Classification System
(NAICS) (Code 32532) or involved with the International Space Station.
This listing 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.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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
[[Page 71269]]
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 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 ortho-
phthalaldehyde (OPA) in the coolant of the internal active thermal
control system (IATCS) of the Internal Space Station (ISS) to control
aerobic/microaerophilic bacteria in the aqueous coolant. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
As part of this request, the applicant asserted that it has
considered the registered biocide alternatives and concluded that OPA
is the most effective biocide that 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 microorganisms; a negligible impact on
system wetted materials of construction; and a negligible reactivity
with existing coolant additives. The ISS would not have an adequate
long-term solution for controlling the microorganisms in the IATCS
coolant without the use of OPA. The OPA is incorporated into a porous
resin material contained in a stainless-steel canister. The canister
containing the OPA-incorporated resin is inserted into a coolant system
loop, using flexible hose and quick disconnects and is placed in line
for 8 hours to deliver the OPA into the fluid. As the coolant fluid
flows through the cannister, the OPA elutes from the resin material
into the coolant fluid. The total volume of the circulatory loops of
the IATCS is 829 liters. The maximum concentration would be 350
milligrams (mg) of OPA per liter of coolant fluid. A total of 290,150
mg would be needed for the entire system. The OPA is incorporated into
the resin at 210 mg of OPA per cm\3\ resin, resulting in potential
total use of 1,382 cm\3\ of the OPA-containing resin. The level of OPA
in the coolant is monitored periodically, and because OPA degrades over
time, the concentration decreases to a level that is no longer
effective in about 1 to 2 years. At this point, replenishment with new
OPA-containing canisters is required. EPA has authorized similar
emergency exemptions for this use since 2011. With the decision to
extend the mission of the ISS to 2030, the need for this use is
expected to continue for the duration of the program.
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 the use of a new chemical (i.e., 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 NASA.
Authority: 7 U.S.C. 136 et seq.
Dated: August 27, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-19601 Filed 8-30-24; 8:45 am]
BILLING CODE 6560-50-P
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