Methylene Chloride (MC); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability, 37942-37944 [2020-13581]

Download as PDF 37942 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices link to log on and submit the intervention or protests. Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// ferc.gov) using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19), issued by the President on March 13, 2020. For assistance, contact the Federal Energy Regulatory Commission at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. Dated: June 18, 2020. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2020–13628 Filed 6–23–20; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–ORD–2015–0765; FRL–10011–20– ORD] Board of Scientific Counselors (BOSC) Executive Committee Meeting–July 2020 Environmental Protection Agency (EPA). ACTION: Notice of public meeting. AGENCY: The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Executive Committee (EC) to review the Chemical Safety and Sustainability and Health and Environmental Risk Assessment (CSS–HERA) Subcommittee’s report on the Strategic Research Action Plan (StRAP) of ORD’s HERA research program. The committee will also receive a briefing on ORD research on SARS–COV–2 and EPA’s new approach jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 methods (NAMs) work plan to reduce animal testing. DATES: The videoconference meeting will be held on Tuesday, July 7, 2020, from 11:00 a.m. to 5:15 p.m. (EDT). Meeting times are subject to change. This meeting is open to the public. Those who wish to attend must register by July 6, 2020. Comments must be received by July 6, 2020, to be considered by the subcommittee. Requests for the draft agenda or making a presentation at the meeting will be accepted until July 3, 2020. ADDRESSES: Instructions on how to connect to the videoconference will be provided upon registration at https:// epa-bosc-executivecommittee.eventbrite.com. Attendees should register no later than July 6, 2020. Submit your comments to Docket ID No. EPA–HQ–ORD–2015–0765 by one of the following methods: • www.regulations.gov: Follow the online instructions for submitting comments. D Note: comments submitted to the www.regulations.gov website are anonymous unless identifying information is included in the body of the comment. • Email: Send comments by electronic mail (email) to: ORD.Docket@ epa.gov, Attention Docket ID No. EPA– HQ–ORD–2015–0765. D Note: comments submitted via email are not anonymous. The sender’s email will be included in the body of the comment and placed in the public docket which is made available on the internet. Instructions: All comments received, including any personal information provided, will be included in the public docket without change and may be made available online at www.regulations.gov. Information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute will not be included in the public docket, and should not be submitted through www.regulations.gov or email. For additional information about the EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/dockets/. Public Docket: Publicly available docket materials may be accessed Online at www.regulations.gov. Copyrighted materials in the docket are only available via hard copy. The telephone number for the ORD Docket Center is (202) 566–1752. FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer (DFO), Tom Tracy, via phone/voice mail at: (202) PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 564–6518; or via email at: tracy.tom@ epa.gov. Any member of the public interested in receiving a draft agenda, attending the meeting, or making a presentation at the meeting should contact Tom Tracy. SUPPLEMENTARY INFORMATION: The Board of Scientific Counselors (BOSC) is a federal advisory committee that provides advice and recommendations to EPA’s Office of Research and Development on technical and management issues of its research programs. Meeting agenda and materials will be posted to https://www.epa.gov/ bosc. Proposed agenda items for the meeting include but are not limited to the following: Review of the CSS–HERA report, ORD research on SARS–COV–2, and EPA’s NAMs work plan. Information on Services Available: For information on translation services, access, or services for individuals with disabilities, please contact Tom Tracy at (202) 564–6518 or tracy.tom@epa.gov. To request accommodation of a disability, please contact Tom Tracy at least ten days prior to the meeting to give the EPA adequate time to process your request. Authority: Pub. L. 92–463, 1, Oct. 6, 1972, 86 Stat. 770. Dated: June 19, 2020. Mary Ross, Director, Office of Science Advisor, Policy, and Engagement. [FR Doc. 2020–13620 Filed 6–23–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2019–0437; FRL–10011– 16] Methylene Chloride (MC); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of methylene chloride (MC). The purpose of conducting risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation. EPA has determined that specific conditions of use of methylene SUMMARY: E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices chloride present an unreasonable risk of injury to health. For those conditions of use for which EPA has found an unreasonable risk, EPA must move to address that unreasonable risk through risk management measures enumerated in TSCA. EPA has also determined that specific conditions of use do not present unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found no unreasonable risk to health or the environment, the Agency’s determination is a final Agency action and is issued via order in the risk evaluation. The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2019–0437, is available online at https:// www.regulations.gov or in-person at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave., NW, Washington, DC. 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 OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. Please note that due to the public health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https:// www.epa.gov/dockets. ADDRESSES: jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: For technical information contact: Dr. Stan Barone, Office of Pollution Prevention and Toxics (7403M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–1169; email address: barone.stan@ epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 I. General Information A. Does this action apply to me? This action is directed to the public in general. This action may be of interest to persons who are or may be interested in risk evaluations of chemical substances under TSCA, 15 U.S.C. 2601 et seq. Since other entities may also be interested in this final risk evaluation, the EPA has not attempted to describe all the specific entities that may be affected by this action. B. What is EPA’s authority for taking this action? TSCA section 6, 15 U.S.C. 2605, requires EPA to conduct risk evaluations to ‘‘determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation by the Administrator, under the conditions of use.’’ 15 U.S.C. 2605(b)(4)(A). TSCA sections 6(b)(4)(A) through (H) enumerate the deadlines and minimum requirements applicable to this process, including provisions that provide instruction on chemical substances that must undergo evaluation, the minimum components of a TSCA risk evaluation, and the timelines for public comment and completion of the risk evaluation. TSCA also requires that EPA operate in a manner that is consistent with the best available science, make decisions based on the weight of the scientific evidence and consider reasonably available information. 15 U.S.C. 2625(h), (i), and (k). TSCA section 6(i) directs that a determination of ‘‘no unreasonable risk’’ shall be issued by order and considered to be a final Agency action, while a determination of ‘‘unreasonable risk’’ is not considered to be a final Agency action. 15 U.S.C. 2605(i). The statute identifies the minimum components for all chemical substance risk evaluations. For each risk evaluation, EPA must publish a document that outlines the scope of the risk evaluation to be conducted, which includes the hazards, exposures, conditions of use, and the potentially exposed or susceptible subpopulations that EPA expects to consider. 15 U.S.C. 2605(b)(4)(D). The statute further provides that each risk evaluation must also: (1) Integrate and assess available information on hazards and exposures for the conditions of use of the chemical substance, including information that is relevant to specific risks of injury to health or the environment and PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 37943 information on relevant potentially exposed or susceptible subpopulations; (2) describe whether aggregate or sentinel exposures were considered and the basis for that consideration; (3) take into account, where relevant, the likely duration, intensity, frequency, and number of exposures under the conditions of use; and (4) describe the weight of the scientific evidence for the identified hazards and exposures. 15 U.S.C. 2605(b)(4)(F)(i)–(ii) and (iv)–(v). Each risk evaluation must not consider costs or other nonrisk factors. 15 U.S.C. 2605(b)(4)(F)(iii). The statute requires that the risk evaluation process be completed within a specified timeframe and provide an opportunity for public comment on a draft risk evaluation prior to publishing a final risk evaluation. 15 U.S.C. 2605(b)(4). In conducting risk evaluations, ‘‘EPA will determine whether the chemical substance presents an unreasonable risk of injury to health or the environment under each condition of use within the scope of the risk evaluation . . .’’ 40 CFR 702.47. Pursuant to TSCA section 6(i)(1), a determination of ‘‘no unreasonable risk’’ shall be issued by order and considered to be final Agency action. Under EPA’s implementing regulations, ‘‘[a] determination by EPA that the chemical substance, under one or more of the conditions of use within the scope of the risk evaluation, does not present an unreasonable risk of injury to health or the environment will be issued by order and considered to be a final Agency action, effective on the date of issuance of the order.’’ 40 CFR 702.49(d). Subsection 5.4.1 of the final risk evaluation for MC constitutes the order required under TSCA section 6(i)(1), and the ‘‘no unreasonable risk’’ determinations in that subsection are considered to be a final Agency action effective on the date of issuance of the order. C. What action is EPA taking? EPA is announcing the availability of the risk evaluation of the chemical substance identified in Unit II. In this risk evaluation EPA has made unreasonable risk determinations on all the conditions of use within the scope of the risk evaluation for this chemical. For those conditions of use for which EPA has found an unreasonable risk of injury to health or the environment, EPA must move to address those risks through risk management measures enumerated in 15 U.S.C. 2605(a). For those conditions of use for which EPA has found no unreasonable risk of injury to health or the environment, the Agency’s determination is a final E:\FR\FM\24JNN1.SGM 24JNN1 37944 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices Agency action and is issued via order, per 15 U.S.C. 2605(i)(1), in the risk evaluation, subsection 5.4.1. EPA is also announcing the availability of the information required to be provided publicly with each risk evaluation. 40 CFR 702.51. Specifically, EPA has provided: • The scope document and problem formulation (in Docket EPA–HQ–OPPT– 2016–0742); • Draft risk evaluation, and final risk evaluation (in Docket EPA–HQ–OPPT– 2019–0437); • All notices, determinations, findings, consent agreements, and orders (in Docket EPA–HQ–OPPT– 2019–0437); • Any information required to be provided to the Agency under 15 U.S.C. 2603 (in Docket EPA–HQ–OPPT–2016– 0742 and Docket EPA–HQ–OPPT–2019– 0437); • A nontechnical summary of the risk evaluation (in Docket EPA–HQ–OPPT– 2019–0437); • A list of the studies, with the results of the studies, considered in carrying out each risk evaluation (Risk Evaluation for Methylene Chloride (Dichloromethane, DCM) in Docket EPA–HQ–OPPT–2019–0437); • The final peer review report, including the response to peer review and public comments received during peer review (in Docket EPA–HQ–OPPT– 2019–0437); and • Response to public comments received on the draft scope and the draft risk evaluation (in Docket EPA–HQ– OPPT–2019–0437). II. TSCA Risk Evaluation jbell on DSKJLSW7X2PROD with NOTICES A. What is EPA’s risk evaluation process for existing chemicals under TSCA? The risk evaluation process is the second step in EPA’s existing chemical process under TSCA, following prioritization and before risk management. As this chemical is one of the first ten chemical substances undergoing risk evaluation, the chemical substance was not required to go through prioritization (81 FR 91927, December 19, 2016) (FRL–9956–47). The purpose of conducting risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation. As part of this process, EPA must evaluate both hazard and exposure, not consider costs or other nonrisk factors, use reasonably available information and approaches in a manner that is consistent with the VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 requirements in TSCA for the use of the best available science, and ensure decisions are based on the weight of scientific evidence. The specific risk evaluation process that EPA has established by rule to implement the statutory process is set out in 40 CFR part 702 and summarized on EPA’s website at https:// www.epa.gov/assessing-and-managingchemicals-under-tsca/risk-evaluationsexisting-chemicals-under-tsca. As explained in the preamble to EPA’s final rule on procedures for risk evaluation (82 FR 33726, July 20, 2017) (FRL– 9964–38), the specific regulatory process set out in 40 CFR part 702, subpart B is being followed for the first ten chemical substances undergoing risk evaluation to the maximum extent practicable. Prior to the publication of this final risk evaluation, a draft risk evaluation was subject to peer review and public comment. EPA reviewed the report from the peer review committee and public comments and has amended the risk evaluation in response to these comments as appropriate. The public comments, peer review report, and EPA’s response to comments is in Docket EPA–HQ–OPPT–2019–0437. Prior to the publication of the draft risk evaluation, EPA made available the scope and problem formulation, and solicited public input on uses and exposure. EPA’s documents and the public comments are in Docket EPA– HQ–OPPT–2016–0732. Additionally, information about the scope, problem formulation, and draft risk evaluation phases of the TSCA risk evaluation for this chemical is at https://www.epa.gov/ assessing-and-managing-chemicalsunder-tsca/risk-evaluation-methylenechloride-0. B. What is methylene chloride? Methylene chloride (MC), also known as dichloromethane and DCM, is a volatile chemical used as a solvent in a wide range of industrial, commercial and consumer applications. The primary uses for methylene chloride are for paint removal, adhesives, metal cleaning, aerosol solvents, chemical processing and flexible polyurethane foam manufacturing. Information from the 2016 Chemical Data Reporting (CDR) for MC indicates the reported production volume is more than 260 million lbs per year (manufacture and import). Authority: 15 U.S.C. 2601 et seq. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Dated: June 17, 2020. Andrew Wheeler, Administrator. [FR Doc. 2020–13581 Filed 6–23–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–10010–92–Region 5] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Riverview Energy Corporation; Petition for Objection to State Operating Permit for ESSROC Cement Corporation Environmental Protection Agency (EPA). ACTION: Notice of final orders on petitions for objection to two Clean Air Act title V operating permits. AGENCY: The Environmental Protection Agency (EPA) Administrator signed an Order dated March 26, 2020, denying a Petition dated August 6, 2019 from Southwestern Indiana Citizens for Quality of Life, Inc. and Valley Watch, Inc. The Petition requested that EPA object to a Clean Air Act (CAA) title V operating permit issued by the Indiana Department of Environmental Management (IDEM) to Riverview Energy Corporation for its direct coal hydrogenation facility located in Dale, Spencer County, Indiana. The EPA Administrator also signed an Order dated April 1, 2020, denying a Petition dated January 4, 2017 from Vicki L. Whittinghill. The Petition requested that EPA object to a CAA title V operating permit issued by IDEM to ESSROC Cement Corporation for its Portland cement manufacturing plant located in Clark County, Indiana. ADDRESSES: The final Orders, the Petitions, and other supporting information are available for public inspection during normal business hours at the following address: U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. We recommend that you telephone Michael Langman, Environmental Scientist, at (312) 886–6867 before visiting the Region 5 office. Additionally, the final Orders and Petitions are available electronically at: https://www.epa.gov/ title-v-operating-permits/title-v-petitiondatabase. SUMMARY: E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37942-37944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13581]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0437; FRL-10011-16]


Methylene Chloride (MC); Final Toxic Substances Control Act 
(TSCA) Risk Evaluation; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of the final Toxic Substances Control Act (TSCA) risk 
evaluation of methylene chloride (MC). The purpose of conducting risk 
evaluations under TSCA is to determine whether a chemical substance 
presents an unreasonable risk of injury to health or the environment 
under the conditions of use, including an unreasonable risk to a 
relevant potentially exposed or susceptible subpopulation. EPA has 
determined that specific conditions of use of methylene

[[Page 37943]]

chloride present an unreasonable risk of injury to health. For those 
conditions of use for which EPA has found an unreasonable risk, EPA 
must move to address that unreasonable risk through risk management 
measures enumerated in TSCA. EPA has also determined that specific 
conditions of use do not present unreasonable risk of injury to health 
or the environment. For those conditions of use for which EPA has found 
no unreasonable risk to health or the environment, the Agency's 
determination is a final Agency action and is issued via order in the 
risk evaluation.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2019-0437, is available online 
at https://www.regulations.gov or in-person at the Office of Pollution 
Prevention and Toxics Docket (OPPT Docket), Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 
Rm. 3334, 1301 Constitution Ave., NW, Washington, DC. 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 OPPT 
Docket is (202) 566-0280. Please review the visitor instructions and 
additional information about the docket available at https://www.epa.gov/dockets.
    Please note that due to the public health emergency the EPA Docket 
Center (EPA/DC) and Reading Room was closed to public visitors on March 
31, 2020. Our EPA/DC staff will continue to provide customer service 
via email, phone, and webform. For further information on EPA/DC 
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Dr. Stan Barone, Office of 
Pollution Prevention and Toxics (7403M), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone 
number: (202) 564-1169; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; 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. This action may 
be of interest to persons who are or may be interested in risk 
evaluations of chemical substances under TSCA, 15 U.S.C. 2601 et seq. 
Since other entities may also be interested in this final risk 
evaluation, the EPA has not attempted to describe all the specific 
entities that may be affected by this action.

B. What is EPA's authority for taking this action?

    TSCA section 6, 15 U.S.C. 2605, requires EPA to conduct risk 
evaluations to ``determine whether a chemical substance presents an 
unreasonable risk of injury to health or the environment, without 
consideration of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or susceptible subpopulation 
identified as relevant to the risk evaluation by the Administrator, 
under the conditions of use.'' 15 U.S.C. 2605(b)(4)(A). TSCA sections 
6(b)(4)(A) through (H) enumerate the deadlines and minimum requirements 
applicable to this process, including provisions that provide 
instruction on chemical substances that must undergo evaluation, the 
minimum components of a TSCA risk evaluation, and the timelines for 
public comment and completion of the risk evaluation. TSCA also 
requires that EPA operate in a manner that is consistent with the best 
available science, make decisions based on the weight of the scientific 
evidence and consider reasonably available information. 15 U.S.C. 
2625(h), (i), and (k). TSCA section 6(i) directs that a determination 
of ``no unreasonable risk'' shall be issued by order and considered to 
be a final Agency action, while a determination of ``unreasonable 
risk'' is not considered to be a final Agency action. 15 U.S.C. 
2605(i).
    The statute identifies the minimum components for all chemical 
substance risk evaluations. For each risk evaluation, EPA must publish 
a document that outlines the scope of the risk evaluation to be 
conducted, which includes the hazards, exposures, conditions of use, 
and the potentially exposed or susceptible subpopulations that EPA 
expects to consider. 15 U.S.C. 2605(b)(4)(D). The statute further 
provides that each risk evaluation must also: (1) Integrate and assess 
available information on hazards and exposures for the conditions of 
use of the chemical substance, including information that is relevant 
to specific risks of injury to health or the environment and 
information on relevant potentially exposed or susceptible 
subpopulations; (2) describe whether aggregate or sentinel exposures 
were considered and the basis for that consideration; (3) take into 
account, where relevant, the likely duration, intensity, frequency, and 
number of exposures under the conditions of use; and (4) describe the 
weight of the scientific evidence for the identified hazards and 
exposures. 15 U.S.C. 2605(b)(4)(F)(i)-(ii) and (iv)-(v). Each risk 
evaluation must not consider costs or other nonrisk factors. 15 U.S.C. 
2605(b)(4)(F)(iii).
    The statute requires that the risk evaluation process be completed 
within a specified timeframe and provide an opportunity for public 
comment on a draft risk evaluation prior to publishing a final risk 
evaluation. 15 U.S.C. 2605(b)(4).
    In conducting risk evaluations, ``EPA will determine whether the 
chemical substance presents an unreasonable risk of injury to health or 
the environment under each condition of use within the scope of the 
risk evaluation . . .'' 40 CFR 702.47. Pursuant to TSCA section 
6(i)(1), a determination of ``no unreasonable risk'' shall be issued by 
order and considered to be final Agency action. Under EPA's 
implementing regulations, ``[a] determination by EPA that the chemical 
substance, under one or more of the conditions of use within the scope 
of the risk evaluation, does not present an unreasonable risk of injury 
to health or the environment will be issued by order and considered to 
be a final Agency action, effective on the date of issuance of the 
order.'' 40 CFR 702.49(d). Subsection 5.4.1 of the final risk 
evaluation for MC constitutes the order required under TSCA section 
6(i)(1), and the ``no unreasonable risk'' determinations in that 
subsection are considered to be a final Agency action effective on the 
date of issuance of the order.

C. What action is EPA taking?

    EPA is announcing the availability of the risk evaluation of the 
chemical substance identified in Unit II. In this risk evaluation EPA 
has made unreasonable risk determinations on all the conditions of use 
within the scope of the risk evaluation for this chemical. For those 
conditions of use for which EPA has found an unreasonable risk of 
injury to health or the environment, EPA must move to address those 
risks through risk management measures enumerated in 15 U.S.C. 2605(a). 
For those conditions of use for which EPA has found no unreasonable 
risk of injury to health or the environment, the Agency's determination 
is a final

[[Page 37944]]

Agency action and is issued via order, per 15 U.S.C. 2605(i)(1), in the 
risk evaluation, subsection 5.4.1.
    EPA is also announcing the availability of the information required 
to be provided publicly with each risk evaluation. 40 CFR 702.51. 
Specifically, EPA has provided:
     The scope document and problem formulation (in Docket EPA-
HQ-OPPT-2016-0742);
     Draft risk evaluation, and final risk evaluation (in 
Docket EPA-HQ-OPPT-2019-0437);
     All notices, determinations, findings, consent agreements, 
and orders (in Docket EPA-HQ-OPPT-2019-0437);
     Any information required to be provided to the Agency 
under 15 U.S.C. 2603 (in Docket EPA-HQ-OPPT-2016-0742 and Docket EPA-
HQ-OPPT-2019-0437);
     A nontechnical summary of the risk evaluation (in Docket 
EPA-HQ-OPPT-2019-0437);
     A list of the studies, with the results of the studies, 
considered in carrying out each risk evaluation (Risk Evaluation for 
Methylene Chloride (Dichloromethane, DCM) in Docket EPA-HQ-OPPT-2019-
0437);
     The final peer review report, including the response to 
peer review and public comments received during peer review (in Docket 
EPA-HQ-OPPT-2019-0437); and
     Response to public comments received on the draft scope 
and the draft risk evaluation (in Docket EPA-HQ-OPPT-2019-0437).

II. TSCA Risk Evaluation

A. What is EPA's risk evaluation process for existing chemicals under 
TSCA?

    The risk evaluation process is the second step in EPA's existing 
chemical process under TSCA, following prioritization and before risk 
management. As this chemical is one of the first ten chemical 
substances undergoing risk evaluation, the chemical substance was not 
required to go through prioritization (81 FR 91927, December 19, 2016) 
(FRL-9956-47). The purpose of conducting risk evaluations is to 
determine whether a chemical substance presents an unreasonable risk of 
injury to health or the environment under the conditions of use, 
including an unreasonable risk to a relevant potentially exposed or 
susceptible subpopulation. As part of this process, EPA must evaluate 
both hazard and exposure, not consider costs or other nonrisk factors, 
use reasonably available information and approaches in a manner that is 
consistent with the requirements in TSCA for the use of the best 
available science, and ensure decisions are based on the weight of 
scientific evidence.
    The specific risk evaluation process that EPA has established by 
rule to implement the statutory process is set out in 40 CFR part 702 
and summarized on EPA's website at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluations-existing-chemicals-under-tsca. As explained in the preamble to EPA's final rule on 
procedures for risk evaluation (82 FR 33726, July 20, 2017) (FRL-9964-
38), the specific regulatory process set out in 40 CFR part 702, 
subpart B is being followed for the first ten chemical substances 
undergoing risk evaluation to the maximum extent practicable.
    Prior to the publication of this final risk evaluation, a draft 
risk evaluation was subject to peer review and public comment. EPA 
reviewed the report from the peer review committee and public comments 
and has amended the risk evaluation in response to these comments as 
appropriate. The public comments, peer review report, and EPA's 
response to comments is in Docket EPA-HQ-OPPT-2019-0437. Prior to the 
publication of the draft risk evaluation, EPA made available the scope 
and problem formulation, and solicited public input on uses and 
exposure. EPA's documents and the public comments are in Docket EPA-HQ-
OPPT-2016-0732. Additionally, information about the scope, problem 
formulation, and draft risk evaluation phases of the TSCA risk 
evaluation for this chemical is at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-methylene-chloride-0.

B. What is methylene chloride?

    Methylene chloride (MC), also known as dichloromethane and DCM, is 
a volatile chemical used as a solvent in a wide range of industrial, 
commercial and consumer applications. The primary uses for methylene 
chloride are for paint removal, adhesives, metal cleaning, aerosol 
solvents, chemical processing and flexible polyurethane foam 
manufacturing. Information from the 2016 Chemical Data Reporting (CDR) 
for MC indicates the reported production volume is more than 260 
million lbs per year (manufacture and import).

    Authority: 15 U.S.C. 2601 et seq.

    Dated: June 17, 2020.
Andrew Wheeler,
Administrator.
[FR Doc. 2020-13581 Filed 6-23-20; 8:45 am]
BILLING CODE 6560-50-P
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