Interim PFAS Destruction and Disposal Guidance; Notice of Availability for Public Comment, 26879-26880 [2024-08064]
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Federal Register / Vol. 89, No. 74 / Tuesday, April 16, 2024 / Notices
accordance with procedures set forth in
40 CFR parts 2 and 703, as applicable.
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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.
II. Background
When EPA designated asbestos as one
of the first 10 existing chemicals to
undergo risk evaluation under TSCA, as
amended in 2016, the risk evaluation
focused on chrysotile asbestos, the only
type of asbestos fiber where
manufacture (including import),
processing, and distribution in
commerce for use was known, intended,
or reasonably foreseen in the U.S. In
Safer Chemicals, Healthy Families v.
EPA, 943 F.3d 397 (9th Cir. 2019) the
court held that EPA’s Risk Evaluation
Procedural Rule (82 FR 33726, July 20,
2017 (FRL–9964–38)) should not have
excluded ‘‘legacy uses’’ (i.e., uses
without ongoing or prospective
manufacturing, processing, or
distribution) and ‘‘associated disposals’’
(i.e., future disposal of legacy uses) from
the definition of conditions of use. As
a result, the risk evaluation for asbestos
was split into two parts.
1. Asbestos (Part 1: Chrysotile
Asbestos). The final risk evaluation for
Asbestos (Part 1: Chrysotile Asbestos)
was released in January 2021 (86 FR 89,
January 4, 2021; FRL–10017–43),
covering all intended, known, or
reasonably foreseen import, processing,
and distribution of chrysotile asbestos;
uses of chrysotile asbestos that have
been imported, processed, and
distributed; and disposal of such
chrysotile asbestos uses. The final rule
to address the unreasonable risk
identified in the Asbestos Part 1 risk
evaluation was issued in March 2024
(89 FR 21970, March 28, 2024; FRL–
8332–01–OCSPP).
2. Asbestos Part 2: Supplemental
Evaluation Including Legacy Uses and
Associated Disposals of Asbestos.
Legacy uses and associated disposals of
chrysotile asbestos, 5 additional fiber
types, asbestos-containing talc, and
Libby asbestos are the subject of the
‘‘Draft Risk Evaluation for Asbestos Part
2: Supplemental Evaluation Including
Legacy Uses and Associated Disposals
of Asbestos’’ (also referred to as the
Asbestos Part 2 Draft Risk Evaluation),
which is scheduled to be finalized on or
before December 1, 2024, per the
consent decree in the case Asbestos
Disease Awareness Organization et al v.
Regan et al, 4:21- cv-03716 (N.D. Cal.).
In the Asbestos Part 2 Draft Risk
Evaluation, EPA preliminarily
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concludes that asbestos, as a chemical
substance and as evaluated in part 1 and
part 2 of the risk evaluation, presents an
unreasonable risk of injury to health
under its conditions of use. This single
unreasonable risk determination for
asbestos would replace the previous
unreasonable risk determinations made
for asbestos by individual conditions of
use and supersede the determinations
(and withdraw the associated order) of
no unreasonable risk for the conditions
of use identified in the TSCA section
6(i)(1) no unreasonable risk order. This
draft determination does not alter any of
the underlying technical or scientific
information that informs the risk
characterization in part 1, and as such
the hazard, exposure, and risk
characterization sections of part 1 are
not changed by this revision.
III. Request for Public Comment
EPA seeks feedback on the assessment
of risk for asbestos as presented in the
Asbestos Part 2 Draft Risk Evaluation
and welcomes specific input on each
section of the Asbestos Part 2 Draft Risk
Evaluation. EPA is also seeking input on
the take-home exposure scenarios, as
well as the non-cancer endpoints used
to characterize risk. EPA also
specifically seeks public comment on
the draft single risk determination for
asbestos where the Agency intends to
determine that asbestos, as a chemical
substance, presents an unreasonable risk
of injury to health when evaluated
under its conditions of use. However,
EPA is not requesting public comment
on the hazard, exposure, or risk
characterization sections of part 1, as
those sections remain unchanged.
EPA encourages all potentially
interested parties, including
individuals, governmental and nongovernmental organizations, non-profit
organizations, academic institutions,
research institutions, and private sector
entities to comment on the Asbestos
Part 2 Draft Risk Evaluation.
To the extent possible, the Agency
asks commenters to please cite any
public data related to or that supports
responses, and to the extent permissible,
describe any supporting data that is not
publicly available.
Authority: 15 U.S.C. 2601 et seq.
Dated: April 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OLEM–2020–0527; FRL–11611–01
OLEM]
Interim PFAS Destruction and Disposal
Guidance; Notice of Availability for
Public Comment
Environmental Protection
Agency (EPA).
ACTION: Notice of availability for public
comment.
AGENCY:
The National Defense
Authorization Act for Fiscal Year 2020
(FY 2020 NDAA) was signed into law on
December 19, 2019. Section 7361 of the
FY 2020 NDAA directs the U.S.
Environmental Protection Agency (EPA)
to publish interim guidance on the
destruction and disposal of
perfluoroalkyl and polyfluoroalkyl
substances (PFAS) and materials
containing PFAS and to update the
guidance at least every three years, as
appropriate. The EPA is releasing an
update to the December 20, 2020,
interim guidance for public comment.
The updated guidance builds on
information pertaining to technologies
that may be feasible and appropriate for
the destruction or disposal of PFAS and
PFAS-containing materials. The 2024
interim guidance also identifies key data
gaps and uncertainties that must be
resolved before the EPA can issue more
definitive recommendations about PFAS
destruction and disposal technologies.
DATES: Comments must be received on
or before October 15, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OLEM–2020–0527, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
OLEM Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand Delivery or Courier (by
scheduled appointment only): EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
SUMMARY:
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Federal Register / Vol. 89, No. 74 / Tuesday, April 16, 2024 / Notices
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document. For further information
on EPA Docket Center services and the
current status, please visit us online at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Cindy Frickle, Office of Superfund
Remediation and Technology
Innovation (5203T), Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone number 202–566–0927; email
address: frickle.cindy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This interim guidance provides a
summary of EPA’s current knowledge of
technologies for destruction or disposal
of PFAS and PFAS-containing materials.
The primary audience of this guidance
is decision makers who need to identify
the most effective means for destroying
or disposing of PFAS-containing
materials and wastes. The audience may
also include regulators, waste managers,
and the public, including affected
communities.
Barry N. Breen,
Principal Deputy Assistant Administrator,
Office of Land and Emergency Management.
[FR Doc. 2024–08064 Filed 4–15–24; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11868–01–OEJECR;-EPA–HQ–
OEJECR–2024–0146]
National Environmental Justice
Advisory Council; Notification of
Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Notification for a public
meeting.
AGENCY:
Pursuant to the Federal
Advisory Committee Act (FACA), the
U.S. Environmental Protection Agency
(EPA) hereby provides notice that the
National Environmental Justice
Advisory Council (NEJAC) will meet on
the dates and times described below.
Due to unforeseen administrative
circumstances, EPA is announcing this
meeting with less than 15 calendar days
public notice. The meeting is open to
the public. For additional information
about registering to attend the meeting
or to provide public comment, please
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SUMMARY:
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see ‘‘REGISTRATION’’ under
SUPPLEMENTARY INFORMATION.
Pre-
Registration is required.
DATES: The NEJAC will convene an inperson and virtual public meeting on
April 23–25, 2024, in Houston, Texas.
On Tuesday, April 23, 2024, the public
meeting will start at approximately 9:00
a.m. and end approximately at 8:00
p.m., Central Time. The public meeting
continues Wednesday, April 24, 2024,
and Thursday, April 25, 2024, from
approximately 9:00 a.m. to 6:00 p.m.,
Central Time. The meeting discussions
will focus on several topics including,
but not limited to, workgroup updates,
final recommendations for council
consideration, presentations, panels,
and discussions on potential charges
with various EPA national program
offices. A public comment period
relevant to current NEJAC charges and
recommendations will be considered by
the NEJAC on Tuesday, April 23, 2024,
approximately at 6:00 p.m. to 8:00 p.m.,
Central Time (see SUPPLEMENTARY
INFORMATION). Members of the public
wishing to participate during the public
comment period must register by 11:59
p.m., Central Time, April 16, 2024.
ADDRESSES: The NEJAC meeting will be
held at the Omni Houston Hotel, Four
Riverway, Houston, Texas 77056.
FOR FURTHER INFORMATION CONTACT:
Paula Flores-Gregg, NEJAC Designated
Federal Officer, U.S. EPA; email: nejac@
epa.gov; telephone: (214) 665–8123.
Additional information about the
NEJAC is available at https://
www.epa.gov/environmentaljustice/
national-environmental-justiceadvisory-council.
SUPPLEMENTARY INFORMATION: The
Charter of the NEJAC states that the
advisory committee ‘‘will provide
independent advice and
recommendations to the Administrator
about broad, cross-cutting issues related
to environmental justice. The NEJAC’s
efforts will include evaluation of a
broad range of strategic, scientific,
technological, regulatory, community
engagement, and economic issues
related to environmental justice.’’
Registration: Individual registration is
required for the public meeting. No two
individuals can share the same
registration link. Information on how to
register is located at https://
www.epa.gov/environmentaljustice/
national-environmental-justiceadvisory-council-meetings. Registration
to attend the meeting is available
through the scheduled meeting days.
The deadline to sign up to speak during
the public comment period will close at
11:59 p.m., Central Time, April 16,
2024. When registering, please provide
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your name, organization, city and state,
and email address. Please also indicate
whether you would like to provide oral
public comment during the meeting, or
whether you are submitting written
comments at the time of registration.
A. Public Comment
The NEJAC is interested in receiving
public comments relevant to the
following charges and
recommendations:
(1) Cumulative Impacts Framework
Charge.
(2) Consultation on the EPA Policy on
Environmental Justice for working with
Federally Recognized Tribes and
Indigenous Peoples Update.
Individuals or groups making remarks
during the oral public comment period
will be limited to three (3) minutes.
Please be prepared to briefly describe
your comments; including your
recommendations on what you want the
NEJAC to advise the EPA to do.
Submitting written comments for the
record are strongly encouraged. You can
submit your written comments in three
different ways, (1.) by using the
webform at https://www.epa.gov/
environmentaljustice/forms/nationalenvironmental-justice-advisory-councilnejac-public-comment, (2.) by sending
comments via email to nejac@epa.gov
and (3.) by creating comments in the
Docket ID No. EPA–HQ–OEJECR–2024–
0146 at https://www.regulations.gov.
Written comments can be submitted
through May 7, 2024. More information
about the NEJAC’s current charges can
be found here.
B. Information about Services for
Individuals With Disabilities or
Requiring English Language
Translation Assistance
For information about access or
services for individuals requiring
assistance, please contact Paula FloresGregg, at (214) 665–8123 or via email at
nejac@epa.gov. To request special
accommodations for a disability or other
assistance, please submit your request at
least seven (7) working days prior to the
meeting, to give EPA sufficient time to
process your request. All requests
should be sent to the email or phone
number listed in the FOR FURTHER
INFORMATION CONTACT section.
Theresa Segovia,
Principal Deputy Assistant Administrator,
Office of Environmental Justice and External
Civil Rights.
[FR Doc. 2024–07984 Filed 4–15–24; 8:45 am]
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[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26879-26880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08064]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2020-0527; FRL-11611-01 OLEM]
Interim PFAS Destruction and Disposal Guidance; Notice of
Availability for Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability for public comment.
-----------------------------------------------------------------------
SUMMARY: The National Defense Authorization Act for Fiscal Year 2020
(FY 2020 NDAA) was signed into law on December 19, 2019. Section 7361
of the FY 2020 NDAA directs the U.S. Environmental Protection Agency
(EPA) to publish interim guidance on the destruction and disposal of
perfluoroalkyl and polyfluoroalkyl substances (PFAS) and materials
containing PFAS and to update the guidance at least every three years,
as appropriate. The EPA is releasing an update to the December 20,
2020, interim guidance for public comment. The updated guidance builds
on information pertaining to technologies that may be feasible and
appropriate for the destruction or disposal of PFAS and PFAS-containing
materials. The 2024 interim guidance also identifies key data gaps and
uncertainties that must be resolved before the EPA can issue more
definitive recommendations about PFAS destruction and disposal
technologies.
DATES: Comments must be received on or before October 15, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0527, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For
[[Page 26880]]
detailed instructions on sending comments and additional information on
the rulemaking process, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Cindy Frickle, Office of Superfund
Remediation and Technology Innovation (5203T), Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone
number 202-566-0927; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This interim guidance provides a summary of EPA's current knowledge
of technologies for destruction or disposal of PFAS and PFAS-containing
materials. The primary audience of this guidance is decision makers who
need to identify the most effective means for destroying or disposing
of PFAS-containing materials and wastes. The audience may also include
regulators, waste managers, and the public, including affected
communities.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2024-08064 Filed 4-15-24; 8:45 am]
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