[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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