[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8784-8785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02662]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0007; FRL-10019-60]


Benzene, 1-(1,1-dimethylethyl)-4-ethenyl-, polymer with 
ethenylbenzene and 2-methyl-1,3-butadiene, sulfonated (Referred to as 
BIAXAM Polymer); Receipt of Applications for Emergency Exemptions, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received public health exemption requests from the 
Utah Department of Agriculture and Food (UDAF) and the Minnesota 
Department of Agriculture (MDA) to use the pesticide benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated (referred to as BIAXAM Polymer) (CAS No. 
1637665-77-0) to treat nonporous, non-food-contact surfaces associated 
with the interior of aircraft and airports to control the new novel 
Severe Acute Respiratory Syndrome Coronavirus (SARS-CoV-2). The 
applicants propose the use of a new chemical which has not been 
registered as a pesticide by EPA. EPA is soliciting public comment 
before making the decision whether or not to grant the exemptions.

DATES: Comments must be received on or before February 24, 2021.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0007, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    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.
    Submit your comments, identified by docket ID number EPA-HQ-OPP-
2021-0007, by one of the following methods:

[[Page 8785]]

     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 https://www.epa.gov/dockets/where-send-comments-epa-dockets. 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: Marietta Echeverria, 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 a 
provider of services related to aircraft and airports, 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. Other types of entities not listed could also 
be affected. Potentially affected entities may include:
     Air transportation (NAICS code 481).
     Support activities for air transportation (NAICS code 
4881).
     Travel arrangement and reservation service (aircraft) 
(NAICS code 5615).
     Janitorial services (aircraft and airports) (NAICS code 
56172).
     Airline food services contractors (NAICS code 722310).
     Pesticide manufacturer (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 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. The UDAF and the MDA have 
requested the EPA Administrator to issue public health exemptions for 
the use of benzene, 1-(1,1-dimethylethyl)-4-ethenyl-, polymer with 
ethenylbenzene and 2-methyl-1,3-butadiene, sulfonated (referred to as 
BIAXAM Polymer) to treat nonporous surfaces associated with the 
interior of aircraft and airports to control SARS-CoV-2. Information in 
accordance with 40 CFR part 166 was submitted as part of these 
requests.
    As part of these requests, the applicants assert that SARS-CoV-2, 
the virus that causes COVID-19, presents a significant public health 
risk, particularly to airline passengers confined in a small space for 
an extended time period. Although contact liquid and spray 
disinfectants to control SARS-CoV-2 are available, the applicants state 
that there are no products available that provide ongoing residual 
protection against the virus. The applicants state that the requested 
product, a peel and stick film with BIAXAM polymer coating (BIAXAM 
Film), adheres to surfaces and kills SARS-CoV-2 when the virus contacts 
the surface, providing residual protection on surfaces to people who 
later come into contact. The applicants believe that the product will 
provide an essential tool to facilitate safe air travel by protecting 
against exposure to SARS-CoV-2 in airport terminals and aircraft.
    The Applicants propose to apply up to 70,000 square feet of BIAXAM 
film in Utah, and up to 74,000 square feet in Minnesota, to interior 
nonporous, non-food-contact surfaces in airport facilities and aircraft 
owned or controlled by Delta Air Lines, Inc., within the states of Utah 
and Minnesota.
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 
require publication of a notice of receipt of an application for a 
public health exemption proposing use of a new chemical (i.e., an 
active ingredient) which has not been registered as a pesticide by EPA. 
This notice provides an opportunity for public comment on the 
applications. The Agency will review and consider all comments received 
during the comment period in determining whether to issue the public 
health exemptions requested by the UDAF and the MDA.

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

    Dated: January 27, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-02662 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P