Trichloroethylene (TCE); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability, 75010-75012 [2020-25884]

Download as PDF 75010 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices docket and made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at Docket ID No. EPA–HQ–OMS–2020– 0348, OMS Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open by appointment only due to restrictions arising from the COVID– 19 public health emergency. Additional information on how to obtain an appointment is available at https:// www.epa.gov/dockets/epa-docketcenter-and-reading-room-closed-publiclimited-exceptions. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OMS Docket is (202) 566–1752. Donna Vizian, Principal Deputy Assistant Administrator, Office of Mission Support. [FR Doc. 2020–25968 Filed 11–23–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2019–0500; FRL–10016– 91] Trichloroethylene (TCE); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Trichloroethylene (TCE). The purpose of conducting risk SUMMARY: VerDate Sep<11>2014 17:48 Nov 23, 2020 Jkt 253001 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, without consideration of costs or other nonrisk factors. EPA has determined that specific conditions of use of TCE present an unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found an unreasonable risk, EPA must take regulatory action 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–2019–0500, 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. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Public Reading Room are closed to visitors with limited exceptions. The EPA/DC staff continue 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: For technical information contact: Yvette Selby-Mohamadu, Office of Pollution Prevention and Toxics (7403M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–5245; email address: selbymohamadu.yvette@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 1404; email address: TSCA-Hotline@ epa.gov. 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 E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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) through (ii) and (iv) through (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). Subsection 5.3.1 of the final risk evaluation for TCE 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. 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. 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). For purposes of TSCA section 19(a)(1)(A), the date of issuance of the TSCA section 6(i)(1) order for TCE shall be at 1:00 p.m. Eastern time (standard or daylight, as appropriate) on the date that is two weeks after the date when this notice is published in the Federal Register, which is in accordance with 40 CFR 23.5. 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 some of the conditions of use within the scope of the risk evaluation for this chemical. For those conditions of use VerDate Sep<11>2014 17:48 Nov 23, 2020 Jkt 253001 for which EPA has found an unreasonable risk of injury to health or the environment, EPA must initiate regulatory action to address those risks through risk management measures enumerated in 15 U.S.C. 2605(a). EPA also is announcing the availability of the information required to be provided publicly with each risk evaluation, which is available online at https://www.regulations.gov in the dockets identified. 40 CFR 702.51. Specifically, EPA has provided: • The scope document and problem formulation (in Docket ID No. EPA–HQ– OPPT–2016–0737); • Draft risk evaluation, and final risk evaluation (in Docket ID No. EPA–HQ– OPPT–2019–0500); • All notices, determinations, findings, consent agreements, and orders (in Docket ID No. EPA–HQ– OPPT–2019–0500); • Any information required to be provided to the Agency under 15 U.S.C. 2603 (in Docket ID No. EPA–HQ–OPPT– 2016–0737 and Docket ID No. EPA–HQ– OPPT–2019–0500); • A nontechnical summary of the risk evaluation (in Docket ID No. EPA–HQ– OPPT–2019–0500); • A list of the studies, with the results of the studies, considered in carrying out each risk evaluation (Risk Evaluation for Trichloroethylene (TCE)) in Docket ID No. EPA–HQ–OPPT–2019– 0500); • The final peer review report, including the response to peer review and public comments received during peer review (in Docket ID No. EPA–HQ– OPPT–2019–0500); and • Response to public comments received on the draft scope and the draft risk evaluation (in Docket ID No. EPA– HQ–OPPT–2019–0500). 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 review 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, PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 75011 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 the 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 ID No. EPA–HQ–OPPT–2019– 0500. 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 ID No. EPA–HQ–OPPT–2016–0737. Additionally, information about the scope, problem formulation, and draft risk evaluation phases of the TSCA risk evaluation for this chemical is available at EPA’s website at https:// www.epa.gov/assessing-and-managingchemicals-under-tsca/risk-evaluationtrichloroethylene-tce-0. B. What is Trichloroethylene (TCE)? TCE is a volatile organic compound used in consumer and commercial products and in industry. An estimated 83.6% of TCE’s annual production volume is used as an intermediate in the manufacture of the hydrofluorocarbon HFC–134a. Another 14.7% of TCE production volume is used as a degreasing solvent, leaving approximately 1.7% for other uses. The total aggregate production volume decreased from 220.5 to 171.9 million pounds between 2012 and 2015. E:\FR\FM\24NON1.SGM 24NON1 75012 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices Authority: 15 U.S.C. 2601 et seq. Andrew Wheeler, Administrator. [FR Doc. 2020–25884 Filed 11–23–20; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK Sunshine Act Meetings; Notice of an Open Meeting of the Board of Directors of the Export-Import Bank of the United States Thursday, December 10, 2020 at 10:00 a.m. PLACE: The meeting will be held via teleconference. STATUS: The meeting will be open to public observation by teleconference only. TIME AND DATE: MATTERS TO BE CONSIDERED: 1. Review of EXIM’s Medium- and LongTerm (MLT) Reachback Policy 2. Local Cost Support for Short Term (ST) Insurance and Working Capital Transactions CONTACT PERSON FOR MORE INFORMATION: Joyce B. Stone (202–257–4086). Members of the public who wish to attend the meeting via audio only teleconference should register via https://attendee.gotowebinar.com/ register/7605082646858648589 by noon Wednesday, December 9, 2020. Individuals will be directed to a Webinar registration page and provided call-in information. Joyce B. Stone, Assistant Corporate Secretary. [FR Doc. 2020–26136 Filed 11–20–20; 4:15 pm] BILLING CODE 6690–01–P Item No. Bureau 1 ...................... OFFICE OF ENGINEERING AND TECHNOLOGY. .............................................................. INTERNATIONAL ..................................... .............................................................. 3 ...................... INTERNATIONAL ..................................... .............................................................. CONSUMER & GOVERNMENTAL AFFAIRS. .............................................................. 5 ...................... MEDIA ...................................................... .............................................................. 6 ...................... jbell on DSKJLSW7X2PROD with NOTICES 7 ...................... WIRELESS TELE-COMMUNICATIONS AND OFFICE OF GENERAL COUNSEL. .............................................................. ENFORCEMENT ...................................... .............................................................. The meeting was webcast with open captioning at: www.fcc.gov/live. Open captioning was provided as well as a VerDate Sep<11>2014 17:48 Nov 23, 2020 Jkt 253001 [FRS 17256] Open Commission Meeting, Wednesday, November 18, 2020 November 10, 2020. The Federal Communications Commission held an Open Meeting on the subjects listed below on Wednesday, November 18, 2020, at 10:30 a.m. Due to the current COVID–19 pandemic and related agency telework and headquarters access policies, this meeting was in a wholly electronic format and was open to the public on the internet via live feed from the FCC’s web page at www.fcc.gov/live and on the FCC’s YouTube channel. Subject 2 ...................... 4 ...................... FEDERAL COMMUNICATIONS COMMISSION TITLE: Modernizing the 5.9 GHz Band (ET Docket No. 19–138). SUMMARY: The Commission considered a First Report and Order, Further Notice of Proposed Rulemaking, and Order of Proposed Modification that would adopt rules to repurpose 45 megahertz of spectrum in the 5.850–5.895 GHz band for unlicensed operations, retain 30 megahertz of spectrum in the 5.895–5.925 GHz band for the Intelligent Transportation Systems (ITS) service, and require the transition of the ITS radio service standard from Dedicated Short-Range Communications technology to Cellular Vehicle-to-Everything technology. TITLE: Further Streamlining of Satellite Regulations (IB Docket No. 18–314). SUMMARY: The Commission considered a Report and Order that would streamline its satellite licensing rules by creating an optional framework for authorizing space stations and blanket-licensed earth stations through a unified license. TITLE: Facilitating Next Generation Fixed-Satellite Services in the 17 GHz Band (IB Docket No. 20–330). SUMMARY: The Commission considered a Notice of Proposed Rulemaking that would propose to add a new allocation in the 17.3–17.8 GHz band for Fixed-Satellite Service space-to-Earth downlinks and to adopt associated technical rules. TITLE: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (CG Docket No. 03–123); Structure and Practices of the Video Relay Service Program (CG Docket No. 10–51); and Misuse of Internet Protocol Relay Service (CG Docket No. 12–38). SUMMARY: The Commission considered a Notice of Proposed Rulemaking that would propose expansion of the Telecommunications Relay Services (TRS) Fund contribution base for supporting Video Relay Service (VRS) and Internet Protocol Relay Service (IP Relay) to include intrastate telecommunications revenue, as a way of strengthening the funding base for these forms of TRS and making it more equitable without increasing the size of the Fund itself. TITLE: Revision of the Commission’s Part 76 Review Procedures (MB Docket No. 20–70); Modernization of Media Regulation Initiative (MB Docket No. 17–105); and Revision of the Commission’s Program Carriage Rules (MB Docket No. 11– 131). SUMMARY: The Commission considered a Report and Order that would modify the Commission’s rules governing the resolution of program carriage disputes between video programming vendors and multichannel video programming distributors. TITLE: Licensing Matter. SUMMARY: The Commission considered a licensing matter. TITLE: Enforcement Bureau Action. SUMMARY: The Commission considered an enforcement action. text only version on the FCC website. Other reasonable accommodations for PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 people with disabilities were available upon request. E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75010-75012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25884]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0500; FRL-10016-91]


Trichloroethylene (TCE); 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 Trichloroethylene (TCE). 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, without 
consideration of costs or other nonrisk factors. EPA has determined 
that specific conditions of use of TCE present an unreasonable risk of 
injury to health or the environment. For those conditions of use for 
which EPA has found an unreasonable risk, EPA must take regulatory 
action 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-2019-0500, 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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Public Reading Room are closed to visitors 
with limited exceptions. The EPA/DC staff continue 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: For technical information contact: 
Yvette Selby-Mohamadu, Office of Pollution Prevention and Toxics 
(7403M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: (202) 564-5245; 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

[[Page 75011]]

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) through (ii) and (iv) 
through (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).
    Subsection 5.3.1 of the final risk evaluation for TCE 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. 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. 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). For purposes of TSCA section 19(a)(1)(A), the date of 
issuance of the TSCA section 6(i)(1) order for TCE shall be at 1:00 
p.m. Eastern time (standard or daylight, as appropriate) on the date 
that is two weeks after the date when this notice is published in the 
Federal Register, which is in accordance with 40 CFR 23.5.

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 some of 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 initiate regulatory 
action to address those risks through risk management measures 
enumerated in 15 U.S.C. 2605(a).
    EPA also is announcing the availability of the information required 
to be provided publicly with each risk evaluation, which is available 
online at https://www.regulations.gov in the dockets identified. 40 CFR 
702.51. Specifically, EPA has provided:
     The scope document and problem formulation (in Docket ID 
No. EPA-HQ-OPPT-2016-0737);
     Draft risk evaluation, and final risk evaluation (in 
Docket ID No. EPA-HQ-OPPT-2019-0500);
     All notices, determinations, findings, consent agreements, 
and orders (in Docket ID No. EPA-HQ-OPPT-2019-0500);
     Any information required to be provided to the Agency 
under 15 U.S.C. 2603 (in Docket ID No. EPA-HQ-OPPT-2016-0737 and Docket 
ID No. EPA-HQ-OPPT-2019-0500);
     A nontechnical summary of the risk evaluation (in Docket 
ID No. EPA-HQ-OPPT-2019-0500);
     A list of the studies, with the results of the studies, 
considered in carrying out each risk evaluation (Risk Evaluation for 
Trichloroethylene (TCE)) in Docket ID No. EPA-HQ-OPPT-2019-0500);
     The final peer review report, including the response to 
peer review and public comments received during peer review (in Docket 
ID No. EPA-HQ-OPPT-2019-0500); and
     Response to public comments received on the draft scope 
and the draft risk evaluation (in Docket ID No. EPA-HQ-OPPT-2019-0500).

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 review 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 the 
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 ID No. EPA-HQ-OPPT-2019-0500. 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 ID No. 
EPA-HQ-OPPT-2016-0737. Additionally, information about the scope, 
problem formulation, and draft risk evaluation phases of the TSCA risk 
evaluation for this chemical is available at EPA's website at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-trichloroethylene-tce-0.

B. What is Trichloroethylene (TCE)?

    TCE is a volatile organic compound used in consumer and commercial 
products and in industry. An estimated 83.6% of TCE's annual production 
volume is used as an intermediate in the manufacture of the 
hydrofluorocarbon HFC-134a. Another 14.7% of TCE production volume is 
used as a degreasing solvent, leaving approximately 1.7% for other 
uses. The total aggregate production volume decreased from 220.5 to 
171.9 million pounds between 2012 and 2015.


[[Page 75012]]


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

Andrew Wheeler,
Administrator.
[FR Doc. 2020-25884 Filed 11-23-20; 8:45 am]
BILLING CODE 6560-50-P
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